The URL can be used to link to this page

Home My WebLink AboutCCP 06-30-2003 ~ ~HlLLS Arden Hills City Council REGULAR MEETING Monda , June 30, 2003 MENDED Mayor: Beverly Aplikowski Councilmembers: David Grant Brenda Holden Gregg Larson Lois Rem . ;"'~i~':f''.~:q~}~f:~~'~.~~~L ~~,~ 1245 W. Highway 96 Arden HiUs, Minnesota 55112 651.634.5120 City Vision A strong community that values our unique enviromnent, our fiscal soundness, and our tradition as a desirable ci in which to live, work, and la . Agenda Regular City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. AGENDA 2. MINUTES A. Council Meeting: June 9, 2003 B. Council Work Session: June 23, 2003 3. CONSENT CALENDAR A. Claims and Payroll B. Appointment of Virginia (Ginny) Ferguson to the Newsletter Committee 4. PUBLIC INQUIRlESIINFORMATIONAL A. 5. PUBLIC HEARINGS A.GUIDANT-PUBLICHEARING i. Vacation of Fernwood Avenue Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consenl Caleudar format. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the ilem will be removed from the general order of business and considered separately in its normal sequence on the agenda. Public Inquiries/Informational is an opportunity for citizens 10 bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief sununary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their counnents to three (3) minutes, Written documents may be distributed 10 the Council prior to the meeling, or as bench copies, to allow a more timely presentation. Peter Hellegers ;:;f?~~ ),~, Y"~,'k>; ill. FilIal Plat 6. COMMUNITY SERVICES A. GUIDANT i. Development Agreement B. Planning Case 03-14: Oppidan- Amendment to the PUD C. . Ramsey Connty Maintenance Facility: Approval of Exterior Surface Material and Design 7. OPERATIONS & MAINTENANCE 8. ADMINISTRATION A. RESOLUTION NO. 03-50: Approving Participation in the Ramsey County Joint Maintenance Facility B. Office Support Specialist: Approve Appointment of Pang Silseth C. Assessment Policy Task Force D. PDI: Update on Administrator Search CITY COUNCIL REPORTS A. Councilmember Holden B. Councilmember Larson B. Councilmember Rem C. Councilmember Grant D. Mayor Aplikowski e -""''''',,,,.''''.'~~ Aaron Parrish Peter Hellegers Peter Hellegers Thomas J. Moore Aaron Parrish Cynthia Young Cynthia Young Harry Broil/Consultant ".""""" ">,"- '':",.''>. ~ . ',_.~","'- ,-;.". ." ~" ",...::~7...;..._._._''',__"_,:''':",,,,_ ;.:J ,::., "'-"-,., '-."C-,'.. Arden Hil1s City CoUncil Agenda June 30, 2003 Page 3 . Upcomine: Meetine:s and Events Friday July 4 City Hall CLOSED - Closed in Observance of Independence Dav Tuesday July 8 DSU Planning City Hall 7:00 a.m. Tuesday July 8 CRR/TCAAP City Hall - 10:30 a.m. Development Upstairs Team Conference Room 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. e Session Tuesday July 22 CRR/TCAAP City Hall- 10:30 a.m, Development Upstairs Team Conference Room Tuesday July 22 Parks, Trail and City Hall 7:00 p.m. Recreation Committee (Annual Barbecue) Mondav Julv 28 City Council City Hall 7:00 p.m. . . . . Mfidavit of Publication State of Minnesota) SS County of Ramsey ( Barbara Reed he/she is the publisher or authorized agent and as SHOREVIEWBULI.ETIN stated below: , being duly sworn, on oath, says that employee of the publisher of the newspaper known , and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WED. , the 11TIl day of JUNE . 20..,QL, and was thereafter printed and published on every to and including , the day of , 20~; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'ABCDEFGHIJKLMNOPQRSTUVWXYZ 'ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopqrstuvwxyz --.5~ /~ BY: TITLE ACCOUNTING ASSOCIATE Subscribed and sworn to before me on this 11TH day of JUNE ,20 03. ~~~. ~'I1~ <--J Notary Public 'Alphabet should be in the same size and kind of type as the notice. . V'-~~'VL,~.;_Vt!" .."..NN_v+.....\N!A. a. TONVA R. WHITEHEAD I ..,...=~~ I RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space............................................................$23.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$18.62 per col. inch (3) Rate actually charged for the above matter .......................................................$ per col. inch 1/03 ,. RECEIVED JUL - 8 2003 CITY OF ARDEN HILLS . . . . %- ~HILLS MEETING MINUTES Draft CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 9, 2003, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL 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 Administrator/Director of Community Services, Aaron Parrish; City Attorney, Jerry Filla; Deputy Clerk/Human Resources Director, Cynthia Young; Director of Operations and Maintenance, Thomas Moore; City Engineer, Greg Brown. 1. APPROVAL OF MEETING AGENDA The agenda was approved as presented. 2. APPROVAL OF MINUTES A. May 27, 2003 Council Meeting Councilmember Larson requested the following changes: None. . Councilmember Grant requested the following changes: None. ARDEN IDLLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 2 . Councilmember Rem requested the following changes: Page 5, fifth paragraph, change the sentence to "Mr. Parrish replied they were not allowed to regulate the height of the cross." Councilmember Holden requested the following changes: None. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the May 27,2003 City Council Meeting Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 03-49: A Resolution Recognizing Roberta Thompson for Service on the Newsletter Connnittee. . Mayor Aplikowski read the Resolution recognizing Roberta Thompson. c. Josephine Hills Lake Association: Memorandum of Understanding MOTION: Councilmember Rem 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 INOUIRIESIINFORMATIONAL None. 5. PUBLIC HEARINGS None. . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 3 6. COMMUNITY SERVICES A. PLANNING None. 7. OPERATIONS AND MAINTENANCE A. Award Bid: 2003 Sealcoating Project Mr. Brown stated bids were received and opened for the 2003 sealcoating project. Three bids were received, with the lowest bid submitted by Pearson Bros., Inc. in the amount of $33,300.64. He noted he had not worked with Pearson Bros., Inc., but had checked their references. He indicated he was confident that Pearson Bros., Inc. was capable of successfully completing the work included with this project and recommended the award of the 2003 sealcoating project to Pearson Bros., Inc. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to award the 2003 sealcoating project to Pearson Bros., Inc. in the amount of $33,300.64. The motion carned unanimously (5-0). B. Award Bid: 2003 PMP Karth Lake EastJIngerson Neighborhood Mr. Brown stated bids were received and opened for the 2003 PMP Karth Lake East/Ingerson Neighborhoods. He noted three bids had been received and Arndt Construction Company, Inc. submitted the lowest base bid, with a total base bid amount of $1,903,536.10. He noted the low bid was approximately $178,500 less than the engineer's estimate. He further stated he still 'recommended the reconstruction of Ingerson Court for the reasons as noted in his June 4, 2003 report. He indicated URS had experience working with Arndt Construction Company, Inc. and noted he was confident that Arndt Construction Company, Inc. was capable of successfully completing the work included in this project. He recommended awarding the bid to Arndt Construction Company, Inc. for the total amount of$I,903,356.1O. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 4 . MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to award the 2003 PMP Karth Lake East/Ingerson Neighborhood project to Arndt Construction Company, Inc. in the amount of$1,903,536.10. Robert Woodburn, 1220 Ingerson Court stated there was no need for the reconstruction. He asked if the offer of $100 per foot to complete the work in front of his home was brought to the Council by the Engineer. Mr. Parrish replied he did not believe this had been brought forward. Mr. Brown stated the issue had been brought to the Council and was discussed briefly. He further stated the actual cost was $200 per foot to complete. Mr. Woodburn offered $200 per foot. . Mr. Brown stated Mr. Woodburn's current offer changed the dynamics of this and as long as this did not cost the City any money, he did not have an opinion either way at this time. Mr. Parrish stated they may take Mr. Woodburn's offer to staff for further evaluation and bring back a recommendation to the Council. William Krivit, 1252 Ingerson Court, stated the condition of Ingerson Court did not warrant reconstruction. He noted the traffic on Ingerson Court was minimal. He indicated he brought to the Council, at the previous meeting, a request for a mill and overlay instead of a reconstruction. Linda Swanson, 1124 Ingerson Road, stated she was not present to address the mill and overlay. She noted she was concerned about the proposed cul-de-sac change. She asked how many feet further the road be would from Mr. Woodburn's driveway. Mr. Brown replied currently it was approximately 30 feet. . Ms. Swanson expressed concern about the impervious material and requested communication with the residents if any changes were proposed. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 5 Mayor ApIikowski stated they could remove Ingerson Court from the PMP project for further analysis, or they could keep the plan as it was. CounciImember Larson stated unless someone added an amendment or Council feels they need to look at Mr. Woodburn's offer, they did have a motion on the floor and they should vote on the motion. The motion carried unanimously (5-0). Ms. Swanson asked if this would affect the association project. Mr. Brown replied it would not. Mr. Woodburn stated there was insufficient parking in the area and there were no other parking options available. CounciImember Rem suggested he talk to staff and see if there were any additional parking options. 8. ADMINISTRATION A. Executive Search (Administrator/Clerk) Update Ms. Young updated the Council on the executive search for the Administrator/Clerk's position. Dr. Donna DeMenna, PDI, summarized the search process for the Council. CounciImember Holden summarized the criteria she used for her selection process and indicated she selected candidate numbers 3, 8, 9, and 11. CounciImember Larson summarized the criteria he used for his selection process and indicated he selected candidate numbers 6, 7, 8, and II. CounciImember Rem summarized the criteria she used for her selection process and indicated she selected candidate numbers 3, 5, 9, and II. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 6 . Councilmember Grant sunnnarized the criteria he used for his selection process and indicated he selected candidate numbers 3, 6, 8, and 11. Mayor Aplikowski stated she selected candidate numbers 2, 5, 7, and 10. Councilmember Holden noted candidate number 5 was the next candidate on her list. Mayor Aplikowski stated she would like to see candidate number 7 stay in as a candidate. Councilmember Larson agreed. Councilmember Rem stated the reason she did not vote for candidate number 7 was because she assumed candidate number 7 would get into the final phases of the interview process and she wanted to see what the other candidates brought to the City. She stated now that candidate number 7 . looked as if it may not get into the final phases, she wanted to change candidate number 5 to candidate number 7. Ms. DeMenna, noted currently they had candidate numbers 3, 7, 8 and 11. Councilmember Larson stated he wanted to change his selection from candidate number 6 to candidate number 9. Councilmember Grant stated he also wanted to change his selection from candidate number 6 to candidate number 9. Ms. DeMenna stated they would be interviewing candidate numbers 3, 7, 8, 9 and 11. B. Environmental Attornev Update Mr. Parrish updated the Council on the Environmental Attorney search and reconnnended retaining Michael Comodeca as the environmental attorney. . Councilmember Rem asked what other attorneys had they looked at. . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 7 . Mr. Parrish replied he had not been able to come across another attorney that had experience with military base closure. He stated they had contacted a number of communities that had gone through an early transfer, as well as a professional association for names of environmental attorneys. He noted the only other name that repeatedly came up was the attorney their developer had and that was not a viable option. Councilmember Grant asked if staff had any idea of how many hours they might need an environmental attorney's assistance. Mr. Parrish replied he did not know and if he gave them a number, it would be a guess. He noted it would depend on how much of the process they wanted the attorney to be involved in. He stated he did not believe it would exceed the $60,000 funds they currently had. Councilmember Rem stated they could ask Mr. Comodeca the question as . to hours when they met with him. Mayor Aplikowski asked if it was time to bring an environmental attorney on board. The rest of the Council stated it was time. MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to retain the services of Michael Comodeca as the City's Environmental Attorney. The motion carried unanimously (5-0). C. 2004 Budeet UDdate Mr. Parrish updated the Council on the potential impact the approved State Aid cuts and levy limit authority would have, CITY COUNCIL REPORTS . Councilmember Grant - thanked the members of the Operations and Maintenance Department for making the numbers consistent on the Arden Hills population signs on Cleveland Avenue. Councilmember Rem - no comments. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JUNE 9, 2003 . 8 . Councilmember Holden - stated the Newsletter Committee met on May 28th and the newsletter had been mailed to residents. Councilmember Larson - stated the Planning Commission met last week. He requested the City Attorney look into the Concealed Weapons law to ascertain if the City could post signs that no weapons are allowed on City Hall property. Mr. Parrish replied it was interpreted by the League of Minnesota Cities that a City is not allowed to have a sign up prohibiting guns, but they could prohibit employees from having guns on the property. Mayor Aplikowski - stated they would be having another business meeting some time this year. She stated the Post Office issue was not over, but they would continue to do the best they could. She requested Councilmembers get the correct information out regarding this issue as they are talking to people, Mr. Parrish - noted that Staff was attempting to set up a meeting with DSU and the Council as soon as possible. . Mayor Aplikowski adjourned the Regular City Council Meeting at 8:45 p.rn. Beverly Aplikowski Mayor Aaron Parrish Interim City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, June 30, 2003, at 7:00 p.rn. in the Arden Hills Council Chambers. . . %- ~HILLS MEETING MINUTES DRAFT CITY OF ARDEN IDLLS, MINNESOTA CITY COUNCIL WORK SESSION MONDAY, JUNE 23, 2003,4:45 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST IDGHW AY 96 . . 1. CALL TO ORDER Mayor Aplikowski called the meeting to order at 4:50 p.m. Present: Councilmembers David Grant, Brenda Holden, Gregg Larson, and Lois Rem. Staff present: Interim City Administrator/Connnunity Services Director, Aaron Parrish; Operations & Maintenance Director, Thomas J. Moore; Deputy Clerk/Human Resources Director, Cynthia Young, Building Official, Dave Scherbel and City Attorney, Jerry Filla. 2.B City HaU: Post Mediation Update Attorney Filla, and Building Official Scherbel reported that staff had participated in all-day mediation meetings on June 17, 2003 with the architects, and contractors of City Hall. They reviewed the correspondence and a proposed settlement agreement. Mr. Filla stated his recommendation to the Council was to not approve the mediated settlement agreement with Rochon Corporation. The City Council consensus was to not accept the terms as found in the proposed settlement agreement and direct staff to take the appropriate steps necessary to enter into binding arbitration. ARDEN HILLS CITY COUNCIL WORKSESSION JUNE 23, 2003 2 2.A Parks, Trails and Recreation Committee: Project Priorities . Parks, Trails and Recreation Committee (PTRC) Members Rich Straumann and Bill Henry provided the Mayor and Council with a list of identified City Parks projects that the committee had prioritized as follows: . Extra large projects which are projects that require collaboration with other bodies to complete. (E.g. Bridge over 35W, Highway 96 underpass, Trail crossing on bridge over Highway 51, Trail along Old Snelling and the widening ofthe Railroad underpass on Old Snelling) . Large projects including buildings to be paid from the Park Fund. (E.g. Perry Park, Hazelnut Park, Floral Park, Valentine Park, walking trail along County Road F and Valentine Lake Road and the Library Area Trail.) . Medium projects defined as projects including park signage and new trails to be paid from the $50,000 available from City funding such as buckthorn removal, installation of water at Valentine Park and picnic . shelters. Mr. Henry and Mr. Straumann presented a Trail Update and further recommended that the City Council spend the entire Park Fund on the large noted projects to be completed in 2004 and 2005. The Mayor and Council requested the PTRC bring forth a formal priority list at a subsequent Council Work Session. Staff Updates: Mr. Moore reported that the preliminary work had commenced on the 2003 Pavement Management Program. He noted that the recently approved seal-coating project had started and mentioned that he would bring forth discussion items including the reconstruction of an additional lift station and trail extensions at the next Work Session. Mr. Parrish reported that the Karth Lake water level issue continued to be monitored, and will likely be brought forth to Council for discussion in July; the . . . . ARDEN HILLS CITY COUNCIL WORKSESSION JUNE 23, 2003 3 Building Department was extremely busy; and, the 2004 budget process was in progress. Ms. Young reported that she had met with School District #623 and Ramsey County Election Officials regarding the City's involvement in the November 4, 2003 School District election. She alerted the Mayor and Council that amendments and addendums to the Personnel Policy will be available before the July 21, 2003 Council Work Session. Mayor ApIikowski adjourned the regular portion of Work Session at 7:00 p.m. followed by interviews (2) with Administrator/Clerk candidates. Respectfully submitted, Cynthia Young - Deputy Clerk/Human Resources Director. Beverly Aplikowski, MAYOR Aaron Parish, INTERlM ADMINISTRATOR PTRC - City Council Work Session 6/23/03 The PTRC has identified priorities in three categories: . Extra Large Projects - Projects that require collaboration with other bodies to complete. . Large Projects - Projects, including buildings, to be paid from the Park Fund. . Medium Projects - Projects including park signage and new trails, to be paid from the $50,000 available from Gty funding. Extra Large Projects . Bridge over 35W · Highway 96 underpass . Trail crossing on bridge over Highway 51 . Bridge over Hwy 10, a south route from Royal Hills Park . Trail along Old Snelling . Widen RR underpass on Old Snelling Large Projects . Perry Park building - first priority . Hazelnut Park building . Floral Park - small building or warming house . Valentine Park - smaIl building . Walking trail along County Road F and Valentine Lake Road connecting . Old Snelling to Mounds View High School . Library Area Trail - trail connecting park area to the new library, along the marsh. The connection would ease foot traffic along County Road E. . Medium Projects . Buckthorn removal along all trails and in all parks . Establish water within Valentine Park (Cummings & Perry are only parks that have water at present) . Picnic Shelters Motion: at its meeting on may 20, the PTRC discussed and unanimously adopted a motion recommending that the Gty Council spend the entire Park Fund on Large Projects in 2004 and 20OS. . . Trail Update I. New Trails in 2003 a. Tony Schmidt Park Underpass to connect with Chatham Trails. b. Highway 96 - south side from Lexington Avenue to North Heights Lutheran Church entrance. c. Hamline Avenue - part of the Ingerson neighborhood street project. Hamline will be vacated and a trail from Ingerson to Crepeau Park will be developed. d. Comer of Cleveland Avenue and County Road E2 - as part of the new development on that comer, trail heads (a section of trail), will be bl,liIt on County Road E2 and Cleveland Avenue. The trail heads will lead to future trail expansion. e. Cumming... Park Drive - part of the Guidant expansion. The street will be reconstructed and a trail leading to Olmmings Park will be added to the north side of the new street. H. Possible New Trails in 2003 . a. Corner of Cleveland Avenue and County Road D - as part of the new development on that corner, trail heads (a section of trail) will be built on County Road D and Cleveland Avenue. The trail heads will lead to future trail expansion. b. Widen the bridge on County Road E over Highway 51 in order to hold a six fuot wide trail The trail will run along side the south side of County Road E from the bridge to Lindey's Park (located on County Road E and Old 10). m. New Trails in 2004 a. Projects not completed in 2003 will be completed in 2004. b. Old 10 - from Lindey's Park south to Highway 51. As part of the road reconstruction, a new trail will be buik. . . . . {\ ~ EN HILLS MEMORANDUM DATE: TO: FROM: SUBJECT: June 26, 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 Berrcs, Finance & Human Resources Assistant ~ Claims & Payroll Attached: Claims Payroll for period: . 05/31103-06/13/03 e . . CITY OF ARDEN fiLLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06130/03 COUNCIL MEETING PAGE I OF3 CLAIMS PAID SINCE LAST COUNCIL MEETING 106109103\ ::::Qi;:~::::I':~~~'i:t%::~:.:. ....................................... ::;:::;:::;::<1:' 'g..i)M:::I::::~~'ti!i::::::::::::::::':' ., .... .................... .. ....................................... ,., .. ................... ,.. .. .. . . . . . . . . . . . . . . . . . - . . 23658 06/10/03 ~ of Administration 1563.21 Centrex Phone Service 23659 06/10/03 Fortis Benefits 499.26 June-Lon. TermlSbort Term Disabilitv 23660 06/10/03 MN O-;;;-ofHealth 3 405.00 Water Sunnlv Test Fee 2366\ 06/10/03 Northwest YMCA 80.00 CPR-First Aid Trainimr-Rec Staff 23662 06/13/03 Central Pension Fund 1 228.80 \\JOE Pension 5/01-5/31/03 23663 06/13/03 ICMA Retirement Trust-457 1280.21 First June Pavrnll 23664 06/13/03 Lea"me ofMN Cities 200.00 T _m~ Conference-Rem-6/19/03 23665 06/13/03 Midwest \ 354.00 Road R~ir Material 23666 06/13/03 Postmaster 2 000,00 PO!dlwe-Pennit #1962 23667 06/13/03 Xeel Enem 5 745.42 Electric/Gas Service 23668 06/16/03 Affi~ Plus Federal Credit Union 3 963.87 Second June Pavron 23669 06/16/03 Stanton GrOUD 198.00 Davcare ReimbUTsement 23670 06/19/03 Ram~ Counn, 2953.74 Fuel Chames 23671 06/19/03 Grand Slam Snorts 741.00 Fridav Field Triu 6/20/03 23672 06/19/03 Chean Skate 451.00 Fridav Field Trin 6/20/03 23673 06125/03 Han1"i\1 Faces Entertaimnent I 042.00 Celebratino AH-Face PainterlCaricaturist 23674 06/25/03 Animals ofWaltons Hollow 700.00 Celebratino AH-Final Pavrnent 23675 06/25/03 Coverall of the Twin Cities I 238.60 CH-Cleanino 23676 06125/03 Brenda Davitt 1347.50 Finance Advisor-Mav 23677 06/25/03 :rvIN Recreation & Park Association 130.00 USSSA En"" Fee Subtotal. Paid Claims 30121.61 Paid Claims From Above - 30,121.61 Add Unpaid Oaims, Page 3- \ 56 250.06 Total Accounts Payable Claims for CouDcll Approval, 06130/03- 18"-371.67 Note: Checks for unpaid claims totaling $251.103,39 were mailed June 10,2003 after approval aI the June 9. 2003 Council Meeting. They were cbeck numbers 23606-23657. *Exp. Related to TeAAP Project. ~l>~1 . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06/30/03 COUNCIL MEETING PAGE20F3 UNPAID CLAIMS REGISTER : :::::~~'::l::~~li;;.."ir!':::~'<i:':::: -- :::::::::::I:::'~i:i'iNt::: ':':~Q!.1~: .,.,.;.;.:.:.;..... ,. ..... . :::::: ., -- .................... ...... :.;.:.:.:.;.:.;.:.:.:.: ........... ::::::: 23678 06/30/03 Abdo Riek & Mevers 10 858.80 Audit Fees YE I 2/3 1/02 23679 06/30/03 Accurate Press IDe 413.22 Mailin.-CAH 23680 06130103 American Public Works Assoc. 143.75 I Year Membershin 23681 06/30103 Aramark Unifonn Service 35.06 CH-Rul! SerVice 23682 06/30/03 Architectural Alliance 565.20 Mise Services-CH 23683 06/30/03 BF! ofMN Inc. 559.05 Waste Removal-June 23684 06/30/03 Construction Bulletin Ma{!'azine 791.70 Bid Advertisements 23685 06/30103 Comorate Exnress 422.03 Office SuoclieslCoov Paoer 23686 06/30103 D-Rock Ceuter & Small En '- 45.80 Sand 23687 06/30/03 B-2 Recvclin2. Ine 5.248.00 Res Curbside Recvclm. 23688 06/30/j)3 Fortis Benefits 225.00 Jnlv-STD 23689 06130/03 Frattallone's Hardware Inc. 182.28 June Purchases 23690 06/30/j)3 Gammell Kenneth 862.75 Cable Tech Services 3131-6/02/03 23691 06130/03 Glenwood Inl!lewood 63.76 SnrinlZWater-CH & O&M 23692 06130/03 Gonher SOOft 458.80 Snorts Eauinment 23693 06130103 Graiol!er IDe 30.84 Reolacement Lens 23694 06130103 Hauen Christensen & McIlwain 307.95 AH Park Studv 5/1-5131/03 23695 06130/03 Haik.. Bonnie 58.00 Refund- Tvke Time Plave:round 236% 06130/03 10S Caoital 937.53 Additioual Conv Char.e 23697 06130/03 InErredients 25.79 CC Worksession 6/23103 23698 06130/03 Koth Auto Parts 6.59 Slmnlies 23699 06130/03 Kinko's 88.40 Flvers-CAH 23700 06/30/j)3 LeaJ.l'lle of MN Cities Ins Trost 250,00 Fireworks Cover~""e 23701 06/30/03 Lillie Suburban Ne 345.40 CAH-Flver Inserts 23702 06/30/03 MaNolis Comnanv 7 200.00 Landscanintl-Citv Hall 23703 06/30103 Met COlmcil Environmental Services 36053.33 Waste Water Service-Julv 23704 06/30/03 J\.1N Native Landscanes. Inc, II 850,00 Prairie InstallatiolrCH 23705 06/30103 Moonev & COJ:Il1)anv. Inc. 3 091.20 Citv Banners 23706 06/30/03 Moore Thomas 335.16 Mileap'elEx~se Reimbursement 23707 06/30103 NCPERS Grouv Life Insurance 60.00 PERA Life Insurance-June 23708 06/30103 North Metro Inspections, Inc, 901.60 Mav Electricalln~ons 23709 06/30/03 Nosek, MaN 120,00 June Newsletter 23710 06/30/03 Office Devol 4.35 CliDboard Subtotal- UnDaid Claims - P ';2 82,541.34 . . . . CITY OF ARDEN HILLS ACCOUNTSPAYABLEC~SREPORT TO BE APPROVED AT 06130/03 COUNCIL MEETING UNPAID CLAIMS REGISTER : :::'<i:lIi:!<:::. :~li~'i:in::'~,:,:",:::,>,""""" 23711 23712 23713 23714 23715 23716 23717 23718 23719 23720 23721 23722 23723 23724 06130103 06/30/03 06130103 06130103 06130103 06130103 06130103 06130103 06130103 06130103 06130103 06130103 06130103 06130/03 .. ::,:,::::::::::::......:.... :,:,::,',i!iM~':J:':~" Oxveen Service Comoanv. Ine Pace Analvtical Peterson Fram & Berlmlllll PA Ramsev County R05eville. City of Scherer Brns. Lumber Comoao Schw..h lnc Snrinobrnok Software Stan"'" Groun The Bridg.. Golf eo.... TimeSaver Off-Site Secretarial Tnllrreen-Chemlawn United Rental Zee Medical Service 59.33 319,00 7 904.65 60 202.44 2 <30.49 82.17 16.56 600.00 100.00 750.00 290.75 715.69 127.67 9.97 Subtotal, Page 3 00 Subtotal Pa.e 2 of3 Total Unoald Claim. 73,708.72 8254\.34 156,250.06 PAGE30F3 .:t$"", :.;.;.; ::::::.. Oxvoeo.Shoo Water Testing.Mav Mav LeRal Fees June Law Enforeement June JP A-MISlFixed Asset Training SlInnIies RPnlacement Ink Pads MndHv GL Account Numbers FSA Admin Fees Golf Lessons-Summer Reconfing Secreta... lnsectlBrnadleaf S"",v Oil Temo Switch First Aid Sunnlies -- . . . ., :0; [ ... ~ lil o c ~ c '" " ld :I: U ...J- ...J'" o~ a:~ >Ui <(<;> ...... o w- Z~ ::>5l ..,0 c,:; z:;;; O~ 0; w- .,!! ., ...J ...J ;: Z W ~ IL o ~ i3 ~ ~ 1\ o 0 ~ N ; ~ ~Ii 8 8 8 8 ...:.~,..,. ~ .;; d 0 :I (::: ~ ~ ... ~ ~ ~ .. N ~ ~ ~I:'~ S ~ ~~~~F. :; ~_: 8 ~::~ I ~ ,- ~ ~:: ~ J?i .~ ~ .~ ~.. ~l~~,& ~ HI = Q:t: ':'{i -( 5 ~ <:.:. 12 ,. ,. 12':': .~ :.:.:.: 8,:::, F .~ .. tic: ~ B ~ ~ - ~. --- .. ... ... .. .. ij ! ~ d ~ l ~ ~ ~ ~ ~ ~ ~ ~ ~ d~ ..,. f'! &\ !. 8 8 ~ 8 8 8 ill ~ Q 0; ~ o 0 Q ~ ~ 888 s: 8 5 ~ I~ .:; ... N " 0; ~ _ N ~ = ~ h I ! p I ~ ;:; ~ g ~ .. ] " a ~ ~ ~ ~ ~ ~ ~ 1l ~ . '" ill g .. 'a .. ;:; " p ;n~~~ i IPn" .... I ~ I-< ~ ~ f-o s: ,;! 8 ~ ... ~ ~ I" 1\ l' :::. ..... '''I~ ~ ~ ~ a Ie ~ .:.;.:. ..... ~ ; ~ ~ ~ N --- --- ~ ,.. " .... ~ " ~! , '" .. lii I~ ... . ~ I 11 j gf ~ ~ ~ ~ il ~ ~ I~ ~ ~ ~ ~ .. = 18 1i ~ ~ f::l ! .~ 11 " ~ ! ~ ~ ~ ~ ~ ~ ~ @ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ s g ~ ~ ~ g b ~ ~ ~ ~ 0 ~ M ~ ..........~~-~.~~.d.S8_.~~~_.~_.~ ~ ~ ~ ~ :1 i ~ 0. ~ ~ ~, 'oJ _ n w, ~ :. ~ 0 ~ ~ ...; cr: :1 ~ 8 8 N 00 :3 ~",~r;::i~~ ~ 1;; ~ ~ ~I~ ~ 1'4 _ _ _ ..... ..... ~ ~ ~ .... ~ g; ~~~~!~ .1 ~ , 11:f $ ~. ~ ~ J ll] ~ ~I ! q: ~ ~ Ii n ~ ~I ~ I . i ;: j dJ1!h:l!~lL;g~d ~ :q t: ~ ~ ;q ~ ~ ~ ~ N t: ~ t: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" ~ ~ ~ ; ~ ~ ~ ~ ~ ~ ~ 5 ~ ! _ M ~ ~ ~ ~ ~ ~ ~ ~ ~ Si: g Si: ::: t: i ~ ~~~~a~~: ~.... ~ :: ~ ~ 8 8 8 8 8 ~ 808 ~ ; ~ ~ ~ ~ ~ ~ " ~ ~ .... \0 ;z ;0 _ r.= l"- ... ~ ~ = 8 ~ 8 ~ ~ 8 ~ ~ ~ a ~ ~ ~ a : ~ ~ ~ !1~~.. -" _ ~ li~~~I~~=~51~ 11 ] "I ~ " ~ ! . :;:11 " -;" '" ~ '" ] Ii ] 1 U h J !Il H J N i i u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m N ~ . ~ ~ ~ = ~ ~ g s s ~ ~ ~ ~ S 2 S S S ~ ~ 2 S 2 2 ~ s g g s S 222 ~ ~ ~ s g 2 g 2 g ! j ....... h II~@ d.n~ 00 1-0 > ~ ::! .."<1( ~~ Uj '.,. .", I J ~ ~n ~p ; ,! ~ pi ~q ~ ! 0 ~ "- ! ~ B ~ ~ 1 ~ ~ rn .s ] m I ~ I" S /r" 'S J .!! ~ ~ ,;I~ :::.~ :.~. - - -- I ~ [EN HILLS MEMORANDUM Date: Agenda Item No. 3.B June 30, 2003 To: Mayor and City Council From: Cynthia Young, Deputy Clerk/Human Resources Subject: Appointment to Newsletter Committee Ene. Application, Letter of Interest, Resume Dear Mayor and Councihnembers: During the week of June 9-13, 2003, Arden Hills resident Virginia (Ginny) Ferguson contacted me in response to the City's request for volunteers to serve on City Committees. Ms. Ferguson expressed a particular interest in Newsletter Committee, and subsequently provided staff with a completed application and resume (on Friday, June 27), Recommendation: Staff recommends the Mayor and Council appoint Virginia Ferguson to serve on the Arden Hills Newsletter Committee. e . e ~ ~~HILLS City Committee Application Form Date "'{2b/O~ General Information Name VI('i~O--. (G1~H.V Fust I~ 4FlII ~ls WIIJ 66112- Home c'cSI-S03-'lOS)( Fax ~r1Wil @flf~.Vler ft. M.l. ~~u.~on Last ~iVlt. lVee Address City, State, ZIP Phone Numbers Work Fax (f.,3-S7l- 2.IOD -'103 -51'2. -'113) Email Address Committees I f you wish to be considered for more than one committee, please order in number of preference. L Newsletter Parks, Trails, & Recreation (pTRC) City Events Task Force Operations & Finance Planning Commission L Website Task Force Soecial Interests As Ihe Council prioritizes its goals, it may create additional/new committees or task forces from time to time. If you have olher specific areas or topics of interest please indicate those interests and we will retain your application for future openings in those areas as new committees are created. Other Interests Personal Information List your work experience. , fYlo..vllehnq. Wtb~-itute~ VI, dIilq:} a zlne ~ubl'shevJ retan (!oVlsultiVl11 ~lIl, ete. See l.l:&ad!ed V'e~~. City Committee Application Form Page I of2 e . e List any Civic, Professional, and Community Activity involvement. Nw Itf: %idliu f . .~ What skills, strengths, or abilities do you believe you will add to the committee? m.u-,Iy: iJ.lllit.i....lun, . /Vd; d"'!':fiL ,{lAn/bv '-frJ,au.i::(;T.O~/ ...;" r 71.' I ~ ,. / ~ / IllfL It/A pJ/ n;; iJaAJ/..v...t.pA I I List any additional comments. References. 1. l/tlld/ h:LflH. oS IYJ Name 2. VIm mfUl~las Name 3. E/dm !1ZtIUu1~ Name /dd57 Idrttluff. {It'Zrh41t6~/d-3t'Y-7G3~ . Address Phone No. i)tJLtU /aCd 5/Cl-</t../-02tX,k Address ~ Phone No. (/tLhdu..lt.. . m ~5'/"'<fS-/ -.;)33 Y Address I Phone No. Please return this form along with your current resume to: City Committee Application Form Attn: Cynthia Young - Deputy Clerk City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Phone: (651) 634-5126 Fax: (651) 634-5137 Page 2 of2 . VIRGINIA A. FERGUSON 4 PINE TREE DRIVE APT #111 ARDEN HILLS, MN 55112 CEll: (651) 503-4058 City of Arden Hills 1245 W. Highway 96 Arden Hills, MN 55112 Attn: Cynthia Young - Deputy Clerk Dear Cynthia . This is in response to your "call" for assistance with the Arden Hills Notes. As a marketing director with extensive experience in merchandising and marketing and desktop publlishing, I believe my credentials match the requirements needed for the position that you requested in your advertise- ment. I have added a letter of introduction along with a resume of my career accomplishments. Please let me know if there is anything else you might need. Nice talking with you on the phone as well. Sincerely, it ~. Irginia (Ginny) Ferg . . . . VIRGINIA A. FERGUSON 4 Pine Tree Drive 1111 Arden Hills, MN 55112 Cell: (651) 503-4058 Dear Cynthia, As an Executive Regional Merchandising Manager of 104 (605M) retail stores, followed by a career in the motorcycle industry as an entrepreneur of sorts, I feel that I have mastered all facets of managing retail operations at a grass roots level to some of the highest levels. In addition to my leadership experience and merchandising skills, I offer extensive knowledge in desktop publishing, store operations and merchandise design and marketing. My marketing skills developed with each and every endeavor and grew into a career for me. At retail locations generating $12-$15 million in annual sales revenues some of myaccomplish- ments are: * In a declining sales climate, increased monthly sales and margins over 8% in just four months. . With a focus on individual store layouts, led a district to over a 1 million dollar increase in one year. * Working within a budget, led the merchandising transition through the T JMaxx buyout to relocate stores, remodel and grand open new stores. * Successfully created a user friendly Store Merchandising Manual at Marshalls that is used on a daily basis in each Marshall location. It is still in use today. * Pioneered and co-owned an international motorcycle magazine (dba Bikes & Spikes) for women that was distributed across the nation and 9 other countries. . Created and co-owned a motorcycle leatherlstreetwear company for women called Notorious Motors. * Opened and managed in the General Managerl Marketing Director capacity a 2.9 million dollar Easyrider licensed location in Minneapolis, MN. Set all standards that are still in place today. * Currently marketing a major motorcycle manufacturer to include all clothing design, store re- design, web-site, dealer handbooks, owners manuals, press releases, events, advertising, motor- cycle sales, accounting and more. . . . VIRGINIA A. FERGUSON 4 Pine Tree Drive 1111 Arden Hills, MN 5511 Cell: (651) 503-4058 BACKGROUND SuMMARY: A stimulating and dynamic business leader who brings a unique blend of persistence, firmness, sound thinking and personal warmth to the challenge of making a business successful. A proven leader in the areas of business planning, operational efficiency, customer service training and human resource management. PERFORMANCE HIGHLIGHTS: Initiated an aggressive sales marketing and cost control in new retail work situations. Capitalized on seasonal buying trends, controlled inventory programs, improved analysis of sales forecasts and careful comparison with competitors' pricing strategies. Results: Sales increased over one year from 11.2 million to 12.2 million with the TEAM effort. Implemented a micro-marketing program in a $15 million retail operation including specific mar- keting strategies to better meet specific community demographics. Results: The division experi- enced a 43% increase over projected sales and a 22"10 increase over the corporate divisions projection winning the District Sales Award and Executive of the Month Award. Using in-stock allocations, sensitive merchandising and marketing strategies and attending to sales trends in a softlines division, was able to significantly affect the profitability of the division. Results: Increased softline sales by 57% over the previous year, increased gross margin by 8% over previous year. Won the Regional Sales Award. Directed a startup operation responsible for all profit and loss management and daily monitoring of expenses. Results: Reduced operating expenses by 6%, kept payroll 11.8% below projected goals, and still ran an increased sales volume. PROFESSIONAL ExPERIENCES: MINNEAPOLIS CUSTOM CycLElMCC 2002- SEPT 2002 Marketing ManagerlGeneral Manager * Maintain all financial records and account analysis for facility * Prepare, monitor and allocate all weekly payroll and operating expenses * Supevise all associates * Create all MCC Clothing line to include streetwear and leather for men and women * Create all advertising to include budgets, promotions, signage, and actual ads * Handled all advertising communications, events and promotions * Implement a TEAM effort to initially implement all operational policies. * Supervise and execute in-house operations audits on all Dealership audits on a daily basis ensuring accuracy. . Create and update the MCC website on a daily basis www.patmatter.com and/or www.mplscustomcycle.com . Create and design all Dealer Handbooks, service manuals and information . EASYRIDERS OF MINNEAPOUS Nov. 2000 - JAN. 2002 General Manager of Store Operations . Created a customer-friendly store environment for motorcycle enthusiasts to shop. . Implemented all bike sales policies and dealer procedures . Created and designed a proprietary leather line to be manufactured in Asia for owner . Trained and promoted the latest in motorcycle streetwear by training the hourly associates the correct fixtures, signs and lighting. . Coordinated all events to include fashion shows, off-site rallies, famous personalities store visits and all direct mailings. Graffiti Sign & Deslon Jan 1999-Nov 2000 Vinyl Graphics Designer . Created and designed Vinyl Graphics for vehicles, signage, windows, etc. on Cad System . . Opened accounts and provided all around Customer Service . Worked closely with all aspects of the business - from greeting customers, accounting & design. . BIKES & SPIKES MAGAZlNElNOTORIOUS MOTORS INC. AUGUST. 1998-2000 Co-owner of both companies . Created and designed from the grass-roots level an international 4 color motorcycle magazine for the women motorcycle enthusiasts. . Responsible for all aspects of magazine to include layout, graphics, reporting, photography, writing, advertising, and distribution. . Designed all logos, clothing, website and clothing for each company MARSHALLSI MARMAXX SEPT. 1992- 1998 Regional Presentation Manager . . Promoted current fashion trends in ready-to-wear and home furnishings to increase profitability and sales in largest volume locations to the smallest. . Communicated with upper level management to ensure complete planning and creativity in merchandising objectives. . Taught and enforced visual merchandising guidelines to department managers and sales associates. . Supervised and educate District Managers and Store Managers in all aspects of display. . Set up training seminars throughout the midwest/eastern region for individual department staffs to increase knowledQe of merchandisinQ Quidelines and consumer shopabilitv. * Interacted with all District Managers, Store Managers and associates to ensure timely installation of seasonal setups according to corporate direction. * Recognized repeatedly for high standards of visual excellence by Vice President of Company _Generated floor plans for all relocates, remodels and Grand Openings. GANTOS INC. JUNE 1987 - 1992 District Presentation Manager * Developed display skills via in-house training . Implemented seasonal merchandising set ups according to corporate direction . Responsible for all case displays, interior mannequins, body torsos, window design, signage and shelf displays for 9 stores in MplslSt Paul district * Interacted with a wide variety of store personnel to facilitate understanding of new visual standards . Held a commissioned sales position for four months . Trained suggestive selling through a Very Important Customer service program EDUCATION aridley, MN High School graduate . University of Wisconsin, River Falls graduate . Arizona State- Interior Design courses taken . University of Minnesota - Interior Design courses taken * Lakeland College - Interior Design course taken HOBBIES Sew, paint, design clothing, garden, ride motorcycles . VIRGINIA A, FERGUSON 4 Pine Tree Drive #111 Arden Hills, MN 55112 Home: (651) 484-6799 Cell: (651) 503-4058 . These impressive and quantifiable results are the result of many factors. One is my strong ability to train and motivate team members to achieve performance levels beyond the standards they initially set for themselves. Some of my human relations achievements are: - instrumental in the promotion of hourly employees to executive positions - served actively as a district presentation manager, store manager and regional manager - designing and implementing a college internship program Another common thread in my career is the ability to "keep many balls in the air at the same time." Retail store management is fast paced and changing daily...sometimes hourly. all areas of the business are important. The neglect of one impacts on all of the others. The financial records must be updated daily, the merchandise inventory monitored closely with an eye on shrinkage, a work force of a 100 or more individuals must be maintained and motivated, merchandise prices changed, special marketing promotions planned and implemented to take advantage of unique situations and competitive moves and all this while ensuring the highest level of customer satis- faction. The list is endless. I have the ability to bring all of these functions together into a well run, profit making organization, because I am comfortable with every actMty and can bring spe- cial skills and expertise to each. . Following is a recap of the special skills that have contributed to my success: . Leadership: . Profit Orientation * Interpersonal Skills . Goal Orientation I would appreciate the opportunity to discuss with you how my general management experience, successful sales, merchandising background and excellent people skills can be utilized in a lead- ership capacity to improve motivation, focus merchandising and marketing to enhance profits for your organization. I have enclosed my resume for further review. ~aU~ Virginia A. Ferguson . . . . " ~ EN HILLS MEMORANDUM DATE: Agenda Item 6.A.i June 30, 2003 TO: Mayor and City Council FROM: Peter Hellegers, City Plann@ SUBJECT: Vacation ofFemwood Avenue / Conveyance. of Title ReQuested Action The applicant is requesting the vacation of easements and a conveyance of title. Overview As outlined in the Master Plan PUD and Plat, the applicant has requested the vacation of easements and conveyance of title for Femwood Avenue from County Road F to 164.66 feet north of Guidant Drive North (to be dedicated as Cummings Park Drive on the Final Plat). Guidant Corporation would dedicate utility easements and would also dedicate "Cummings Park Drive" as a public road on the Final Plat. In order to vacate a street right-of-way, the City Council needs to conduct a public hearing. Furthermore, Guidant Corporation has petitioned the City to convey its interest in Fernwood Avenue. Before conveying property the City Council can either refer the proposed sale to the Planning Commission or adopt a resolution stating that referral to the Planning Commission is not necessary because the proposed sale has no relationship to the Comprehensive Plan. The attached resolution would waive referral to the Planning Commission and would authorize the Mayor to execute a deed of conveyance for the property. Vacation ofFemwood--CC Memo 06130/2003 - Page I of2 Staff Recommendation Staff recommends that Council take the following actions: A. Adoption of the corresponding resolution vacating certain Road and Utility Easements on Femwood Avenue with the following conditions: ]. Execution of the Final Plat. 2. Execution of the Declaration or Restrictive Covenants. B. Adoption of the attached resolution waiving Planning Commission review of the proposed sale and authorizing the Mayor to execute a deed of conveyance. ]. Execution of the Final Plat 2. Execution of the Declaration of Restrictive Covenants. Attachments 6Ai-l 6Ai-2 6Ai-3 Resolution number 03-4] related to the vacation of road and utility easements Resolution number 03-42 related to the conveyance of title Guidant Final Plat (for reference). Vacation of Fern wood-- CC Memo 06/3012003 - Page 2 of 2 " . . . . . Attachment 6Ai-l . ~ ~HlLLS . CITY OF ARDEN HILLS Ramsey County, Minnesota RESOLUTION No. 03-41 A Resolution Vacating the City of Arden Hills' Interest in Road and Utility Easements within Fernwood Avenue WHEREAS, the Guidant Corporation, a Minnesota corporation ("Guidant") on behalf of Cardiac Pacemakers, Inc., a Minnesota corporation, its successors and assigns ("Cardiac'') has petitioned the City of Arden Hills to vacate certain road and utility easements which cross property owned by Cardiac and located within the City of Arden Hills; and WHEREAS, on the 30th day of June, 2003, a Public Hearing preceded by published, posted, and mailed notice as required by Minn. Stat. 9412.851 was conducted before the Arden Hills Council; and WHEREAS, at the conclusion of the Public Hearing, the Arden Hills Council determined that retention of those certain Road and Utility Easements are no longer in the public's interest. . NOW, THEREFORE, BE IT RESOLVED that the Arden Hills Council hereby vacates the City's interest in the following described Road and Utility Easements: I. That certain perpetual Water Main Easement dated the 21" day of February, 1968; described in Document No. 1719212 and recorded in Book 2115, Ramsey County Records, Page 198. 2. That portion of that certain perpetual Roadway and Utility Easement dated the 19th day of April, 1968; described in Document No. 1737228; and recorded in Book 2153, Ramsey County Records, Page 359; which lies within the West one-half of the Southeast one-quarter of Section 22, Township 30, Range 23, Ramsey County, Minnesota. 3. That certain perpetual Sanitary Sewer Easement dated the first day of May, 1969; described in Document No. 1749077; and recorded in Book 2178, Ramsey County Records, Page 23. 4. That certain perpetual Sanitary Sewer Easement dated the 24th day of January, 1969; described in Document No. 1743807; and recorded in Book 2166, Ramsey County Records, Page 913. . . . . '. That certain perpetual Water Main Easement dated the 5th day ofJanuary, 1968; described in Document No. 1716929; and recorded in Book 2110, Ramsey County Records, Page 398. 6. That certain perpetual Water Main Easement dated the 6th day of May, 1968; described as Parcel No.1 in Document No. 1723538; and recorded in Book 2124, Ramsey County Records, Page 286; but not that certain perpetual Water Main Easement described as Parcel No. 2 in said easement. 5. 7. That certain perpetual Roadway Easement dated the 7th day of November, 1966; described in Document No. 1689061; and recorded in Book 2051, Ramsey County Records, Page 695. AND BE IT FURTHER RESOLVED, that such Roadway and Utility Easement Vacations shall be effective upon the recording of the plat for Guidant First Addition which has been approved concurrently herewith. ADOPTED by the Arden Hills City Council this 30th day of June, 2003. Beverly Aplikowski, Mayor ATTEST: Aaron Parrish, Acting City Administrator '. . . Attachment 6Ai-2 . .. e ~ ~HlLLS CITY OF ARDEN HILLS Ramsey County, Minnesota RESOLUTION No. 03-42 A Resolution Authorizing the Execution of the Deed of Couveyance for Fernwood Avenue WHEREAS, the Guidant Corporation, a Minnesota corporation ("Guidant") on behalf of Cardiac Pacemakers, Inc., a Minnesota corporation, its successors and assigns ("Cardiac") has petitioned the City to convey its interest in the following described roadway: The southerly 2,012 feet of the easterly 33 feet of the west one-half of the southeast quarter of Section 22, Township 30, Range 23 west, Ramsey County, Minnesota (the "Property"); and WHEREAS, the Arden Hills Council, pursuant to Minn. Stat. ~462.356, Subd. 2, has . determined that the disposal of the Property bears no relationship to the components of the Arden Hills Comprehensive Plan and that Planning Commission review of the disposal of the Property is not required. NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute a deed of conveyance on forms approved by the City's attorney for the Property to Cardiac Pacemakers, Inc. ADOPTED by the Arden Hills City Council this 30th day of June, 2003. Beverly Aplikowski, Mayor ATTEST: Aaron Parrish, Acting City Administrator . . . Attachment 6Ai-3 . . . . (/) ::s ClI ClI ..... ::0 lD ::s 0. lD ., ..... o :l 0. o -;, ~ l/) o o 5' ..... lD .l/) IN (/) ::s (J) (J) ..... l/) 5' P H a;" o~ ,,~ c:~ l ~ ~: ~[ ~~ ,",0 ~< ~1 W'a a.; ~!i 9'~ ':!iCl,"~ .'< i!;~~~ ~~~~ !'>~ s: '< tn2l Q os: f:.........a. !l:[!1.- :"s:~r ~: go ~ "bo s.~ e 6-rl.'" ~ ~~o., .~ ~~ .g~~[ ~ g.~"1:) Ui~o$Q" 8"f~[ g-" i s: t~gi IF~ ~-" o..:;;a.:r s::r5'~ ~JS.""~ sid!:t g<;'Clg eCl,~s: g ~o;' ~-s~ lE1fCLjf , ~- 31l~ " ~ga.~ .~o~ ,,- Q":!"g" ;->~17:::J ~~~ 5g,~ !~~ g-~s: :}ga Q !its: .5'. ft-ii'a ~ a ~g" ~ -. 0 ~~ B ::3~:::: ~~Q ~~~ Vj~ ~ 0&.'" c5.1 if _~. . ijg o ~ o " n g ~ ~ I ." o ,,~ g" ,!-o.Ia- ~l I ~ Iii ~" ~~ ,~ "15 ~E ~~ ~~ ",. [~ -.~ , OJ:;' 0_ o~ '"i o' . o 0_ ~ii .ltf] '" Jl'" I~ ~ a. . ~ I! o o~ ~il' I [ ag ~s: 21;;' ~ I g , " ~ 8 j ~ , " .n ~.f ~" ,.~ P' ~ l g , " ~ , ~ " ~'" 3~ ~~ ~n s~ <"" IIll ~r i~ ~ii' ~3' C').,., 3 it [~ ~ (I Q'.g Q.... n 2, ...~ '"'" ' ~ 5' ! ~. 0 ~! " ~ll.. .-, no . . 00 ~o 5'[ ~~ o.~ ,,~ ~~ 1[ -~ 5' .?~ g" II" :~ ~ .~ o o ~ l j Ii' ~ . " I ; , ~l , 2..ii , ~ ~ ., ~ 5' o " . 0 Sl ,..~ .l " r . ~ .- , ~ " o o il g ~ l ~ a o o o ~ f " . . ~ "' " ~ . . ~. , . ~ " "' ~ ~ ~ . ~ " ~ ,. ,. o ~ ~ 3 ll.. If ~" d ~ g,~ .- ~~ a. .g.o II 0" co T~ li-3 . . ~o €.:r ;j s,Q, Jl. .~ h ~~ 0", lEi"'- "'i ~g U -~ ;~ ~: Hi oil '~ ~g ,,~ j[g. ~ . , " .. ~ ,. ~ . " " . " ~ " " . l " e ~ . ~ ~ . . , " o !" o <; o " l o . , . !t 5' ~ o . 3. I g .. I 3 "' 2. " ,. ~ " ~ ,. o . , ~ ~ ,. , if;; ,," .1l .' ~ ~~~ .. ~- k'il;''B ~.~ r:li.. .:':l~ ..if 1fg ;-;;: 3~ ~~ ~i . "'.. i'if -, ~ ..~ ,~ ~t ~it :i -0 ~- ~s: .. ~~ i~ ~.. "5' ". . '~ ",g ;[ HI? t~ [~ 5. ij-- 'if Slg. ..' I<r:l ~~ a~ ~! . ~'"' o i;" ~~ g. 3" !.'-'l a ~~ [ ~~ . ~: ~o h ,,~ "90. if 8' " e [ .. '" o ~ o 5' [ ~ ~ .. 5' o ~ ~ [ 5 ~ " ~ ~ ~ .. [ ~. )!l .. ~ ~ if ~ ~ ~;; H , ~~ ~g: ~H .. ~- n ". ~:: "g "iI' o~ '- ~~ ~[ ~a. ..if ~~ ",- H ~.. ;;;" o :r~ -0 ." ~~ ~- ~I? , ~ '" ~.. ~[ ~g' ~~ ".. ~[ ~"6' g,~ if~ !'g ~~ ~~ n ~g v ~ ~. m . i' ~ ~[ ~1l Ih '"'. if- ....if li !~ .- -. if; o h ~5' ~~ ~. ....0 ~, g ~ ~ . . - l~ ~~ ..~ if'" .. [! ~~ "'~ [~ if'll !" .",:,.l.<I if 3 ~ ~ " ~ ~. o i' H ~~ 3" 3. ~:~ .. , 11 ~ 1I 5 " ~ ~ o " ~ ~ ! " '" .. " o i g[ " ~o <". .- ~ .....=:: ~. I' f " .' n ;j, ~ . .. . ~ ~ , . ~ . ~ o ~ ~ o ~ . 3 . I~ ~ .. " ~ " ~ ~ ~ ~ .. .~ . ~ ~. [ ~ .. jq ~ ~ "51 '0 n" q:'Jo, .f: ~i$i ~~ I ~ '" ;f~ g~ ,;g "':;: .M ;~ . .. 3 ~;; . .. ~n .0 &"a ~}i' ~;p ~. ~~ oJ F o !!; ~ . " 2 il a a- " . ~ .. if C") s: ~ 2: ..., f ~~ o ~ ~ .. ~ ~ ~ . "' .. ~ , , rn . . " " ~ " ,,~ ~~ ~. .3. . 0_ ,,0 lI)~ 8'5 q h w~ .... ... 'j ~if ~~ , h ~~ .'. ~.~ f\)~ 6~ ~- ~~ og l~ ?= "" ~~ 3 ,. o ~ o ~ .. ~ ~ ~ 5' ,. I .. '! .. I ~ g .. ,. , ~ !!; g' . ~ ~. ;p ~ 3 .t .- o .. l .. ~ ... ~r 1f H ~ . , ~i g.. ,.., .. ~ o ~ .- ~ ~ ~ ~: ." f~ 0- "~ ~ " if ~ ~ l t ~ w g, o , " '" I )!l .. ~ l:l f ~ ~ } f- ~ i' 1 . . o 5' ~ .. '" . f 3 ~ Q gn .;r I: g. Q h~ iii~ :} :c~ ;] " lii j =" ~ -- S' a is ;] ig ~ ~if ~I .~ r ,. .." gg ,..'"' [if g~ "n (ij.g ~& .-. H:: F 9-.0 ,5q Sa ~[ h it's: ..' -8' ~- ~~ [~ "if if~ i~ ~a "'- [~ f~ '''VI . o 5' [ I? ~ .. if g' ~ 0' ~ t .~ ~ , 'll l:l f ~ :;> ~ ~ . 5' '" Ii- ~ . .. ~ ~ . .. . ~ .. .. 5' ::J ~ ..., ~ ~ o " ~ 5' ~ 8- <" ~ ,. ,. if ~ -. .- ~~ lI' ~~ ~. .." <=,3' -, j:~ [;>" -~. .' , "'< o. "'~ 3;r; . .. &l ~:"" ).. 8 ..... ~ o 2: ~~ ::0 II) VJ ;s- ;s- o. (!) II) (!) .., ..... 0 N :l 0. 0 ~ ..." V-I (/) 0 VJ C'l :r is" (!) .... (!) II) ..... .(/) (J) :;- fl e . ~'il' !I';~ if'$' .1I{~ ".:f~1 l~ or! .&lfl!! tRi; \!l 'f~l ~~ t::~~ 0,..: ! "''\ ", 0 ~ g~ Q,tIi:;! Q ~, n. 0 H' ~ g'2 o. " [S Q.""3= W Q . SN . 3' ~ '" .-. ~5' :;r0'<'t 0 ii /'/~~ ~~!a. 0 ~g. - .- N . . , , C1%S: 5' !~ [ . ~ 5' I Q:l' ,.~~ 0' 8 ~. ~'~i' <; ~';' c ~ 2,1Q ~ [ ~, ~h ", ~"~ , ~~. 'I'" -:\' . . ~iii.it 11 ~~ ~ ~ ~ ~ - !?.:l ~f'" .-~ ~~~ ':'I5!.a, ~;:~ :e~i .ill_ ~l:.~ ~S'[ t:lita ! n'~\ \1P ,/ '~1-" SQuIll Hn~ of the Nortll 639 f~ of thll r",1 Holf of lhe / .... Sou/trNsl QIIortfll' of Saelion 22, Tc"AtntNp .10. Rlm911 23 149..1:1 49.111 '" "";:" I mm;;~ r!1 ~:; ::~ I ~1j;;: m ~.,LI":I~ ~.,., ;r'", I . I :l..~ :0.: I g'; ::; ~... "" .::, ' '- [, :;~ <>'9" '., ~. ---I ~... ~~: ~ :'" I i-f ;~: . .:; ~~ :.. ~ ~~. - ~ .~; ~~ I f~ :;~ ;;9.. t:l~ ;;;; !ill. I · :i; ..,rl.z. ". ~g f I ~ I I 0; I i'i :!::If I ! !i ::J- ~ :!)I 1"',9: .::. lO~ j ::: ~'I : J~!~I :..I' I ~ {IJ . "~ ,~ ~ "ilb~ L\, (y ~ ..... . .C;;.. ~' , .n<iS' _ 'J _ ! i~1 ~ "'.' III .. UI l!l'~ '" Ii' 11 ~":;i>" ". I I ...J ,-" . 'Y"'J :-f;'/" ')-+-' al II 'i: ~ "'" ;,:' il~ ,#" .. ,f> 81 : : [1 : ,1; ,6s;m'l'"<// ",,0\'" I t II ~ i #/~, ~)'/,.,;~ II Drulno. and.1-- , 6"1f' ',/" , ...: "~ ! , : II 'it. u,." ?..-..,: -'>'. ~~j. '~\!jli( ,'L' "'. , . '" I , II _~l t _ .j!ruJO! i' Nl''lf:~:~~4 '1 ~~'tI<.oz'?; _______________t___~,\l ! I 1 ( .., S~9'4 7 'J9"w " , 227.2J ,I I / '~'l ~ ...~.?)>; ~ i ~ ?I~' m )11 .: ~ . c~./ , 185 i I i~! i j ~j> ", ~ ~ I~;!J Ai," I ~ 11fH ~ III [' , Q ~.f e - -':\' t ,,8 ! -.J ... ")d ~oo-~ 1::-;- ~~..~:.:~~~1- ~n~;~75.20- t. -.....- ...~-l~/ to ~..~/~l:';: :- ~~~..'.'''~:'''' - - - - - - - - \~ SO:;;;:oI~fH~th.SQUI"_f - - I I -.,._~ Quor/.er (If SlWlfOll 22, Towmhip JO, !faflgtl 2J I I IS89'41'J9'W 790.00 S89'5J'44'W '-.., 7079.45 ..r) t, ii - \ --- ~. 8 Q ~ CUMMINGS PARK DRIVE " ~.,. ~tl&.J' " ( 1 . . "_11:q~ t:'~~'t>'f3<~ .., ~. "';. - --- .1'#" 242.28 1 .-! 1 ! . t. .t. " . '!) , I~ .f . "- .. ~. ~ ~. .~ 1: ~, ~~ n to ,..... l~'l t.",' . Ii;) . 1 ) ~ .........'- ~ I ~ o C) ~ ,', t . , ." ~ ~ . 1 ,... o "'i " o il l.OI ,"."). . ~ <i OJ: ,', t . , ,,, ~ '" I ., tr... , '1 I'" I ~.. .",. ..... ....... .....,.-,. I I I '.,....~.-.. .... I..' ..,......., . ,....,...,-.-......., ,\, " " r " 11\/ ,.,.."''''.... ."''1 e " '" ,,, ~ s: ~ 2: ...., '-. '., t.. '" '" ;;; :!1 ", .., ::.; .... ~~~ ~ '.. ...., "- '.. '" ,.. > ~ ~ o 2: --, '.. --, '.. ~a. ", '-. '" ,., a:::_ '.. .-, '.. :~- '-I '" ", ::0 CD V1 :r :r 00 lD CD lD .., .... 0 tN ::l 00 0 ~ -k tN (J) 0 V1 0 -. :r 0 lD .... lD CD .... Jl en S' 0 e :~. :.:. ',. '. rrr ;e. .~. - '.- "''0 :;:p :::~ :;~ """" ", .~: r!: :5: " 0 t ~~ ~~~ 0 0> 0 e- n 3 ..~ . *~ ~~" '" 0 l!.~ o _ !l,,,, 5' ~5' ::rife. ~ 2 8 ~!l- Lo ~ .. '> ~ti 5' N ,x g. S' ~; ~.~~ I S'S' ,. e ." g ~" lCI::t1;: <; m 0';3' a~g 0_ ~ a' -~ . ~ .. .' '" ~ 5~O ir~ _.~ . . -. g ~l " ~ 'I , ~ ~ - .~:.:. o:,y ....,. ''':' ..' ". '.:~ . NlIrlh /In" gf fh" SlJLdh J() OWIlIl' of ~ !he North 44 rx;rN of lho WNI I/q/f ,..-d_ pf the Soultllll1B't Quarter 01 Sel1tion 22, ~_ f rOll'nship 30. RuI'li9 2J \........581WllH..id!!L.SOlJ1}j N89'5J'.u"r i 280.J9 I _~ 1 i" Vl o I c;;:::l I ..._ I ~;..; I 0),"'1. I 62 J~ I I I~G9"!J. ~~~ ' g \ ..",~ ~ , I ! I , : I :l:r ~ .. h8 .-' I 1 I - '- I I ~--, ~ I: j : ~'..!! :; I I 9' I "'., 8;l ''is ~i! l'i V'I I II ",", I &;:j&!I I' ft.? I g ',: '~~ ,~ '/\ '!1 I 'i I f"."\ "".....-t-,....\ {I,"", f I J I ~. '-';\, '!!f-i Vl I; : '\ .w~' / ~g 1~1f I. I ~ >....."" S",'!I r , ''':x.- ' ~":i;~"':I : I. ~ ....... t .,..., ~f.!4\\bJ Rt 'S ~_.,\\ l>;,'f~\:\l,,-&'f' ~ ~'\. \'- ~,. ~ ::\-r.l' ;; ~\ \'" {\~~!lj 1/ : ~ ,"~'J .~ ~'-'>,_L . r\'<'-i~" .~-; ,."'~;;'J"l . '< --,~'\;~ ~- 'OP' I I' -~\ \ ;;':T)~ -=- 11" I "- .81""1<";; ____.L --, '1 Il\ ,j\ :0 : ,07..5!l ! ~~~~.=~~~ S89"J8'I8"W :Jl~ ~ '...~ ","f" I It .._.,_~~'2!~. _ .~~~~~ ___~~!f~1 _ J_ J:, ____I I I , I I I I I I ~\ , I . .-' .~- .' ...~.- g . o o ~ ! ~ OJ ,.... ,'- .,' -' ~~ ,... .... '..; .'- ...... .. '....') '.~ I''''' " ('1.""" " -~--~~........... \,. ~."".", . .........,. ,.,! \ r I : H: \! \.. ";j L, i ; I ". "# I I ;:j ~3 ! t ~\ ~! ,/ r ~ \., ;' I " '. '~i ; I ", ~T~"'" / I u 1 ~.~~\;;..;:Jc;,"',~d:" _ _ _ J ~ - .- -'- '.,.. II ....,... I ....- . ..~ . I .'-~~}L'!:: :~..':\: 1"1 .;~ '" ',. I';; ~~1 :~ \.,. :~: ..' e , , o' CUMMINGS PARK DRIVE ~a ~; a" ~, h ~" l !8~ O'~ i; w" ,,~ !~ .l ~ ~ a s " :t ~ ~: g . o -l' [ III !--o 8 w \/ ~>...., ~"':":I: "'?B-1 1./ ':t.t,,1'~~405'" - Cg I <~~,., n ... I ~ ~ !f in: a .. I-~ . ~~ i i S ..75". t- "Os ~ I--IQ !tit ~ ' N I~~ ~~ ! 10 !i ffl::1o I .......l !>'"o;' I~' , ". --~~ .,,/ J ~ ~l r ~.- Ig~, "lo .~ )f I _:,r-..Dnfi"":II,l" tJtld UtlJit,. EQ$emfilll -,..- '~~l~"J9'f~",1 c; ~ ~I ,.J :'i...}i!'~,,_ l .36A57 ..!~'...r2il' i ~~oo e ~ COUNTy..... ROAD "..." F '---I". \~ CliiiNT~1 e S89"4"J9"~ ~iWAD ~S6.20 I '...... SQuth h (If lhe Weal Halt af the SDuthBalFl QUlIrlor of Sectioo 22, TDWIlBhip JO, RallQliI 2J . ". ,",, .., . t ",, ~-...~ I " '\/1 I , t I '-I M ,... '_ ".,-.. ,,,.. .... ".' ,. '10._'" i f: 1 I I ~ I " I~ i I" ~ l~ ~ : I: , I '1 , I I I I I il .. [~~,..__L~n_ , \' , t ~~ 3 ,'-- ~- ~ '. ... " "I ~ 8 JJ.OIl"'-< ~ ~ i :c: ..., :!J ~ ..., ). ~ ~ o :c: ~ e . . . *- ~ EN HILLS MEMORANDUM DATE: 6.A.ii June 26, 2003 Agenda Item TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem Aaron Parrish, Interim City Administrator I Community Services Director P! FROM: SUBJECT: Guidant Development Agreement ENCLOSURES: 1. Development Agreement with Exhibits Overview Based on input from the March Council meeting, attached is the Guidant Development Agreement for Council consideration and approval. Once the vacation occurs, "Exhibit F: Declaration of Restrictive Covenants" and "Exhibit G: Xcel Access Easement" will need to be attached to the document. Full copies of "Exhibit B: Guidant Master Plan PUD" and "Exhibit C: Guidant AUAR Plan" have not been included but will be attached to the executed copy. In addition to the Development Agreement, staff is requesting authorization to execute the trail easement for the portion of the City's trail that currently encroaches onto Guidant's property and the trail license that would allow the public to legally access Guidant's internal trails. Staff Recommendation Staff recommends the Council approve the development agreement and authorize staff to execute the following related documents: I. Public Trailway Easement (Attached as Exhibit E) 2. Public Trailway License (Attached as Exhibit F) . . . 1.00 PLANNED UNIT DEVELOPMENT PERMIT AND DEVELOPMENT AGREEMENT CITY OF ARDEN HILLS GUIDANT CORPORATION Parties. This Agreement is dated the day of , 2003, and is entered into by and between City of Arden Hills, a Minnesota municipal corporation (herein "City"); and Guidant Corporation, a Minnesota corporation, its successors and assigns (herein "Guidant"). 2.00 Recitals. A. Guidant represents that Atlantic Financial Group Ltd., a Texas limited partnership doing business in the State of Minnesota as Atlantic Financial Group LP, its successors and assigns ("Atlantic") and Cardiac Pacemakers, Inc.. a Minnesota corporation, its successors and assigns ("Cardiac") are the record fee owners of certain real property located within the City, which is defined and illustrated on the proposed plat of "Guidant First Addition", attached and incorporated as Exhibit A ("Guidant Property"). B. Guidant represents that it has the authority of Atlantic and Cardiac to enter into this Agreement and to develop the Guidant Property. C. On the 28th day of October, 2002, the City's Council approved a planned unit development master plan which was entitled "Guidant Campus Master Plan - prepared by Guidant Corporation for City of Arden Hills, September, 2002"; which was further amended on the 24th day of February, 2003, and is attached and incorporated as Exhibit B ("PUD Master Plan"). D. On the 24th day of February, 2003, the City's Council, as part of its development review process, approved an Altemative Urban Areawide Review and Mitigation Plan, which was dated January, 2003; was prepared by the SRF Consulting Group, Inc.; and is attached and incorporated as Exhibit C ("A.U.A.R. Plan"). E. It is anticipated that full development of the Guidant Property pursuant to the PUD Master Plan and the A.UAR. Plan, or any amendments thereto, will occur over ten (10) to fifteen (15) years. Plan unit development final plans will be submitted for review by the City's Council as various portions of the project are completed. On the _ day of , 2003, the City's Council reviewed and approved the final plat for "Guidant First Addition", the Planned Unit F. Development Permit, and the Development Agreement, subject to the . terms and conditions contained herein. 3.00 Terms and Conditions. In reliance upon the representations contained herein and in consideration of the mutual undertakings herein expressed, the parties agree: A. Construction of Improvements. Building improvements, including the Park Building as hereinafter referenced, shall be constructed in compliance with building plans and specifications which have been reviewed and approved by the City's building inspector. Traffic improvements for Phases I, II and III, as defined in the PUD Master Plan, shall be constructed in compliance with plans and specifications which have been reviewed and approved by the City's consulting engineer for each phase and, where appropriate, by the Ramsey County engineer and/or the Minnesota Department of Transportation engineer. The traffic improvements for Phase I and the anticipated construction schedule for such improvements are attached as Exhibit 0-1. The traffic improvements for Phases II and III, upon approval by the City and other appropriate parties on a future date, will be attached and incorporated respectively as Exhibits D-2 and D-3. 1. Phase I Traffic Improvements. Except as provided herein, Phase I traffic improvements shall be completed prior to the issuance of occupancy permits for any Phase I buildings. The following Phase I traffic improvements shall be completed by December 31,2003, and shall be subject to the following conditions: (a) Improvement/Estimated Cost of Improvement. . Imorovement Estimated Cost Reconstruction of Cummings Park Drive $350,000.00 Installation of Traffic Signal Cummings Park DrivelLexington $250.000.00 Total Estimated Cost: $600.000.00 (b) Amount of Imorovement Securitv. Prior to the City's endorsement of approval on the final plat, Guidant .shall deposit security with the City Administrator in an amount equal to 125% of the engineer's estimate of the cost of constructing the traffic improvements, defined above, which have not been completed and accepted by the City prior to final plat approval. The security may be in the form of a . 2 . (c) (d) cash escrow fund, a performance bond, or a letter of credit. The form of security shall be approved by the City's attorney. Reduction of Security. Upon completion of required improvements for the Guidant Property and acceptance by the City, the City's Council shall reduce the amount of security for the completed improvements provided that in no case shall the total remaining security be equal to less than 125% of the estimated costs of the incomplete improvements. Inspection. The City's consulting engineer shall be permitted to inspect the construction and installation of the traffic improvements defined in this subdivision 3(A)(1) as deemed appropriate by the engineer to insure compliance with approved plans and specifications. Guidant shall reimburse the City for its inspection costs. (e) Access. Phase I traffic improvements shall be installed in a manner and pursuant to a construction schedule so that continuous access from Lexington Avenue and/or from Fernwood Street to property located adjacent to and northerly of the Guidant Property will not be obstructed. . 2. Phase II Traffic Improvements. A plan for the payment of Phase II traffic improvements shall have been approved by the parties before the construction of Phase II improvements; and the Phase II traffic improvements shall be completed before the issuance of occupancy permits for any Phase II building, The City acknowledges that Guidant, as part of this Development Agreement, has not agreed to pay for the Phase II traffic improvements. Construction of Phase II traffic improvements by a non-public entity shall require compliance with the provisions of Section 3.00.A.1(b), (c) and (d) by such non-public entity. 3. Phase III Traffic Improvements. A plan for the payment of Phase III traffic improvements shall have been approved by the parties before the construction of Phase III improvements; and the Phase III traffic improvements shall be completed before the issuance of occupancy permits for any Phase III building. The City acknowledges that Guidant, as part of this Development Agreement, has not agreed to pay for the Phase III traffic improvements. Construction of Phase III traffic improvements by a non-public entity shall require compliance with the provisions of Section 3.00.A.1(b), (c) and (d) by such non-public entity. . 3 B. Public Use Dedication. Guidant's public use dedication requirement for all phases shall be satisfied in the following manner: . 1. Public Trailwav Easement. Concurrent with the execution of this Agreement, Guidant shall cause the appropriate property owner to convey to the City, its successors and assigns, the public trailway easement attached and incorporated as Exhibit E. 2. Private Trailwav License. As part of its development which will extend over a period of years, Guidant will construct a private trailway system. Prior to issuance of occupancy permits for Phase I buildings, Guidant shall cause the appropriate property owner(s) to convey a private trailway license to the City, its successors and assigns, which shall be attached and incorporated herein as Exhibit F. Guidant reserves the right to terminate the private trailway license in the following circumstances: (a) If necessary to protect the safety of Guidant's property or its employees, Guidant may terminate the private trailway license by delivering a written notice to the City which contains the reasons for Guidant's action. The termination shall be effective upon delivery of the notice. (b) Guidant may terminate the private trailway license by delivering a written notice to the City sixty (60) days in advance of the termination date. The termination notice shall include Guidant's reasons for its action. . 3. Construction/Convevance of Park Buildina. Guidant shall construct a picnic/warming shelter ("Park Building") for Cummings Park pursuant to plans and specifications approved by the City. The maximum cost of the Park Building is estimated to be $350,000. The contribution of Guidant to the Park Building shall be identified on a plaque, approved by the City, which shall be attached to the Park Building. Upon completion of the Park Building, it shall be conveyed to the City. The City shall be responsible for maintenance of the Park Building. Construction of the Park Building shall be completed by June 30, 2004. (a) ImDrovement Security. Prior to the City's endorsement of approval on the final plat, Guidant shall deposit security with the City Administrator in an amount equal to one hundred percent (100%) of the estimated costs of constructing the Park Building. The security may be in the form of a cash escrow fund, a performance bond, or a letter of credit. The . form of security shall be approved by the City's attorney. 4 . (b) Reduction of Security. Upon completion of the Park Building and acceptance by the City, the City's Council shall reduce the amount of security for the completed building. (c) Inspection. The City's Consulting Engineer and Building Inspector shall be permitted to inspect the construction of the Park Building to insure compliance with the approved plans and specifications. Guidant shall reimburse the City for its inspection costs. C. Traffic Studv Update. Guidant shall update the traffic study contained in the PUD Master Plan after completion of the Phase I building construction and traffic improvements, and after completion of the Phase II building construction and traffic improvements. If updated traffic studies indicate that proposed traffic improvements will not be adequate to accommodate the traffic generated by development pursuant to the PUD Master Plan, Developer shall not be allowed to proceed with each subsequent development phase until a revised PUD Master Plan has been approved by the City. D. A.U.A.R. Plan. No development shall occur on the Guidant Property during the various phases of development, unless the mitigation measures identified in the A.U.A.R. Plan have been satisfied within the appropriate timelines. . E. Drainaae and Utility Plan. The approved drainage and utility plan shall is attached and incorporated as Exhibit G. F. Fernwood Street. At the present time, Fernwood Street is a public right- of-way. As part of the development of the Guidant Property, Fernwood Street will be reconstructed and reconflQured as a private road. In order to facilitate the transition of Fernwood Street from a public right-of-way to a private road, the City will vacate its easement over the easterly portion of Fernwood Street and will convey its fee interest in the westerly portion of Fernwood Street, subject to the following conditions: 1. Existina Utilities: The rights of utility companies for utilities located within the existing right-of-way of Femwood Street shall not be vacated by the City. 2. Declaration of Restrictive Covenants: Execution and recording of the Declaration of Restrictive Covenants, which is attached and incorporated as Exhibit H. . 5 3. Fernwood Access: Guidant shall maintain Fernwood Street in its present condition until Phase I traffic improvements have been completed. . 4. NSP Site Access: Prior to the issuance of occupancy permits for the Phase I Buildings, Guidant shall have the owner of the easterly y,. of vacated Fernwood Avenue convey an access easement to NSP across a portion of vacated Femwood Street, which easement shall be attached as Exhibit I. G. Amendment. The PUD Master Plan may be amended pursuant to the process defined in the City's development regulations and shall require City's Council approval. The Development Agreement may be amended by written consent of the parties. H. BindinQ Effect. The terms and provisions of this agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Guidant Property. This Agreement, at the option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrancers of all or any part of the Guidant Property and all recording fees, if any, shall be paid by the Guidant. . I. Incorooration bY Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein. J. Notice. Any notices required pursuant to this Agreement shall be deemed properly served if sent by certified mail - return receipt requested to the following: 1. If to the City: City of Arden Hills Attn: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 2. If to Guidant: The Guidant Corporation Attn: Vice President of Finance 4100 Hamline Avenue Arden Hills, Minnesota 55112 . 6 . . . K. Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this Agreement: 1. Failure of the Guidant to comply with any of the terms and conditions contained in this Agreement within thirty (30) days of receipt of notice from the City. 2. The failure of the Guidant to comply with any applicable ordinance or statute with respect to the development of the Property within thirty (30) days of receipt of notice from the City. L. Remedies. Upon the occurrence of any event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Guidant Property for that purpose. The Guidant shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed to relieve the Guidant from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. The Guidant shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 2. Obtain an Order from a Court of competent jurisdiction requiring the Guidant to specifically perform its obligations pursuant to the terms and provisions of this Agreement. 3.. Exercise any other remedies which may be available to it including an action for damages. 4. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the Guidant shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a 7 result of the event of default, whether or not a lawsuit or other action is formally taken. IN WITNESS WHEREOF, the City and Guidant have caused this Agreement to be executed as of the date and year first above written. CITY OF ARDEN HillS, a Minnesota statutory city BEVERY APLlKOWSKI, MAYOR ATTEST: Aaron Parrish, Acting City Administrator STATE OF MINNESOTA COUNTY OF ) ) ss. ) On this _ day of . 2003, before me, a notary public within and for said county, personally appeared Beverly Aplikowski and Aaron Parrish, to me known to be respectively the Mayor and Acting City Administrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public [SIGNATURES CONTINUED ON THE FOllOWING PAGE] 8 . . . . . . In the Presence of: GUIDANT: GUIDANT CORPORATION By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) Printed Name: Title: Printed Name: Title: On this _ day of , 2003, before me, a notary public within and for said county, personally and , the and of Guidant Corporation, a Minnesota corporation, and owner of the above described property and helthey executed the foregoing instrument and acknowledged that he/she/they executed the same on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. (JPF) 50 East Fifth St., #300 St. Paul, MN 55101 (651) 291-8955 F:\users\Janice\Jerry\Arden HiIIs\Guidant - Development Agmt. 14.doc 9 LIST OF EXHIBITS . EXHIBIT A: Guidant Property EXHIBIT B: PUD Master Plan EXHIBIT C: A.U.A.R. Plan EXHIBIT D-1: Phase I Traffic Improvements EXHIBIT D-2: Phase II Traffic Improvements EXHIBIT D-3: Phase III Traffic Improvements EXHIBIT E: Public Trailway Easement EXHIBIT F: Private Trailway License EXHIBIT G: Drainage and Utility Plan EXHIBIT H: Declaration of Restrictive Covenants . EXHIBIT I: Xcel Access Easement . 10 . . . 'I Exhibit A: Guidant Property I Plannmg Case #C3-05 GUldant COlllolatloll 4100 Hamllt1e Avenue North r1m,;ler Plan PUD Amendment N W+E s 500 o 500 1000 FOOl Not~: MaNototSlI'Ve:Qualit . 1I~1 tUI ~.~ ~ !i III III , N ~.g i i; ~ c c ..~II ~.g, i i! f C!:l 8 ! '" .- g- <> ." @ ~ <> j:l.; >< = = '" 0 - ." j:l.; t ..cI ~ .... '" -:a '" ~ ..0 - .... - = .- '" ~ -= '5 .. = ~ I;.':) <> = .g .... ~ .. . ,.Q .. -= ~ ~ ~ ~ . . . . ., Exhibit C: A.U.A.R. Plan The A.U.A.R. document will be attached with the executed copy Exhibit D.I: Phase I Traffic Improvements I~ _._'-;'~~:-:'i;~;;';;'-'-/ \ { ,- ..... ( '::!::, l' 'M~ ' I \. ~i~;: <..... " l:;:;:-'1 " f~'~ ' ~L,l iiJ! :.:, .'\ , l;-L.-', ~ .~h"'1',i ';-'-~ ~.tt/! =--~~-.~--~~~'r~ t ;-',.-,-,--_.~ \ l .J/~I';--' J 'I!) I/~--~._,,;,:~-'''r-i t-- l C", ';1// I J)~I I ~~'?ffif4 - , ~-. ,~r0~-j '~'l>jjr, ,,~>,' '.. I~i! "':': ".. 1,)..", "'- q ~ t -::..-:'. '~~~1~2~~ / , I 1 , ....~-- / - / / / / / / / / I / I / I I / I J A I I / / / I , / , I I , I / r-- i / ! I I I I I ~ J ':, ; \ -. \ \ . \ \ J / ~ .~ .-.....~-.----"", -'---'"'7'-'---; " I --~=- '- I / / -- --- !;!~ "'~ a- ~ ~"'~ - . o.!1ii!:o .. z . t;o."'!:i . ! ...",-< e:~l.t... ~ . ",_0 ~~ au 11 II 'I '. .- ~I " II " ~!! ill ill .... ! ~ 1i: '" if IJ , it t f ':i. I III fif: ; f a, !:~ I ! I I 15 ;:: lil ., . ~ ~ I I I I I t3 2: , 5i . :::E i3 . \ ExbibirD.l :I,'hase i Traft:idmp'roveD,ienu .. -..,' , 'T: " '. :',"c" ':-":' : " , , '" u . ! ~ :..1...: ~ -t 0 ~ " ~ 5 0 ! . '" S + ~ " ! i 1- , t ! \ i , I I . ! ! ! !' . , \ '. - , \ , , i:, ! o f!"IIIl!;..'" ~,- ~ !'f.!...~ . . i . --" y---" I.,!;; , , \ \. '! \ ; \ . p- i ! i i ,) .---""~~;'-- ,,;~~~-- ~ I , ! i ~ i . I ii "'8 \. . "\ . "; , :1l'i3 , i \ 0 , ,,1 '" ~! -; .~ i , J ~ , z ....!.. i ~ .~ "l ~ ~ :;; 8 0 .~ I:,,~ \ n + i " ': Q. ~ !i! i ~ i ~ .~ .!i! ! '" il n '" ,~ n ; n ~ , \ ;,.1> , , -1' I " nl" j , , , :l , ;, "; ! ! , ~! ! . ~ ., "'-.j, o '=;. ~ . -' , ,. ! :, \ " ! 'll , = .. Z o n + o ~ ~i,,~ ....: x ~ '" ,- 8 + o , :. , 5~~ o.Ct::::t Or gi€~ti 5:~ t; wcn<w (I)(:)l&...:I: 20 '" ~~/: tiao ~~ H tlH f'P. r!!i _'" I ~ . . . , , ! . ,; ~ ] t ' i .. . '" I Exhibit D.I: Phase I Traffic Improvements -' \ , \ \' \ . " \ i , , . "!' ! i "I \ \ ......... ,;";;,;,,;;,,,It . o ~ . + : . i ,j :, ~\ . ~ :~ " \" ~~ l i I \. '. i, I' o o + ::> \ , l! I' J ! i \ , -, 8 . + " - : " ~ \ ~ , '" \ . ~ ~ o .-t .", . . + '0 , ,. '. o ~ . + ~ ., . , 1 i i I I , I l, ~'\ 'El ~ '~ ~ ~ .~ . . . 8 , . + ~ 2 , I , ~-, \" \ \ ! ,. . ! < , . . . . i ! j , f . z " , 8 ':. + ': ~ ~! . :' ~~~ Q.~~ ~:!lC2 '<t. o~..... '-' ~o.:OI- U,J(I)!ii ~ I;I)CJll.L.1: lI'I~o 1;1) ~~~ uuu . gj IJ !tiJ it ~Ji ~t~ {hI , _Ill J . . = . iLs -;~ M ~ < ~ ae 0 0 z Z ;: a N '" 0 f;I;1u ., -; 't:l ., .= U <I) ~ = .- \C ~ 0 .=..0 ~~~ -oa .f;I;10 =<1)"" =<~ 5::1:1::< ~~f;I;1 1;; >< = ~ ... = = 't:l 'S C .... I Q - ... ..c. ... -= ~ lioil 't:l . = 5 ~.9~] ~ ~ il '" <!:l '€ Q) <l:l ..8 .9 ~ ~c" ~ ~ ~zo~~t -d - - 1i =!;l >,.!;! 0 10-1 .,~~ ~O-Q)~ '" 't:l z~... "'~ '~le~~~.9 ~!;l ~~= Q)Q)~~",Sp~~,€ U,€ ~ ~ ~ ~ ~ ~ @ ~ <ij ~ .9 "Eh ~ ~ ~ ~ ~&:2 ] ~].~'~~]~~ ~]~ ~ eto Ouo 'C=V't:l_'~~='~ c.,s = oS~.o g<'d.<>'t:l!3 up = oP S~~ ~~~~8~~..8~~i~~~ ~ ~ ~~~,I~tt~~~I~~ e =~~-~M5~Q)=ooo-l-=0< ... 81::.......: ,..: ~. ~ Q....-INM'o::t...-. _ ~- cr::z = ~:8 ; ., ~e ... a '" 0 f;I;1u M o o N = o ;: U E ... '" = o U ~ ~ == :I = ..J ~ .5 't:l == :I 00 ~~~~ :I '1:1 <I) .. 0001>-< ... -o~ tsoooo :lQ)0..... -= ~ . 0 (fJ~~ e =[""""'T""""I~ o U . . . -NM < Q) = ~ Q) ~ Q) = o Z "'" o o N V> g N \0 o o N 00 .. = ~ ~ ~ z c. Z c. " ~ _~ .M = .. IZi a cr:: :I bJ) I:IJ CJ) :8 .5 "0 :i .5 .- .:0: '" OJ .:0: 'C _ :;;__ ~ .~ t ;; 8 t = ~= o'OQ I;/) == .~ ~ I"l~ :I ~ 00 - II == ~ 8 o c _ 0 " " '" ~ 0 " .. ;:oo.....;:>g". ;:>P.- ut:o~~..2~g6iJu..2rJ) Eooo......"''a~!'l:<o ...:.('11 o..w;::::l:O rn iU ..=.....0 iii!) .. N"' ~ V,I 0 0 ._ ~!::I" {fJ rJ:l 0\ ~"'V>I>-< ~~\OP- ~ . . U"';<-i<<iU. .. U-N cQ 0-NM ~ .. .... = 1! ~ u tn CIl = .- \C ; Q ~..Q ~~~ C10"" ;;l Q ~I"ilQ !;tnN ....~;1J. ~=< ~~~ ; ~ .... !; '0 .. = C ..... I ~ .... - ,J:;. .- -= ~ r;;;l . = 1! .S .... ... = .. a~ ~ e '" 0 I"ilU \0 o o N . '<t o o N ~ .~ 4,) = 0 1-1 ~ =~ a .9 ;- 1:I.cI _ to) ~ ~.~ "t:1 :> ~ ~= So lii 0; ~.e21S ~~o l~ '*~ ,:J 1! !Jl t! 1:: .- oj 5h 1:: 5 ~ .5 0 8 Z ~ 's '<il Z ao~z "O~ lflu..'c;.. .. ~ '"' ~ 6 '': ] >' S =.~ ;>- ....c 00 -.......0'" Ef:O,..,.. v_ ~o>'al-l ""0=.... "'9-.00 <oj'" "'....0.... ....00\== Na .. .. ~ = ;:." ~.9',g 6'8"0 .... eel u 01 -" oj - 0 bO 0 .. ~ E:5! .,go i>:~ ~ =.l38 ... .... = ;a 8 -5h 01 t.. 0 f :g C "0 0.. 1;; ... ~ ~] ... 8 ~ .. ~ <l:l :r: .s .s ~ <Il Cd ~-I.C- N M ~.::O\ '0 = ~~ 01 .. a~ ~e '" 0 I"ilu \0 o o N . = o .- .... u E .... '" = o U CIl = :a .... .- = eel 01) ~ "" .. :i: f;3 ~ blI o~ 3 1:1 oQ)oo ..... o&>~ ~ N_ 0 a; ~'" (l)..!:1a eel ~g] r.c ~ ';:1 Ul -"'0 =~.sOr--- .sa'C 01 ~ N t: .9.5 g ~ =<Ill<al~ ,c-eQ.=- "'~ "" IE< =01) c:>.. 8.. Oiil<oo u . . . . .-N('"I")"::::t I"il . . I'iIil S ~ I'iIil = U tI} ~ ... tI} < III =..S ..i~~ ~I'iIilO s:~~ ~ ... ... tI} < ~ i N I Q = !~ Ol .. ~~ '" 0 I'iIilU ..'" .. l'l S ~ ....~ 0 Ol 'is-E! ~ 'S~~~ ~:dlgS3g ... ~ = C<l:: 0.... '" "'.... '" ~.e~ =..23 ~al< ~al< ~~~6]g ]~",-~", .. ~ .. U 0 11 S '>...S S '>...S So... "O.CI:> .a.... "2 .a .... "2 ..~.e =.9<.... , s tail s ta i; .. .... g!:! ." <l:: O::Z:bb 0 ::z: .. .. 0 .. "';::l c<I..2 U ." '!:i U ." ~~~~-g~~]]~]]~ "'=... :>~::Z:o'" 0.0 '" O.CI ~ e<;o e S:a-E!.9:a-E!,€ ... ~ ~ '" 0 0 '" ~ = '" ~ 0 f =:;::;Cl<l:lUCl",~Cl",= ... 0 El ~~....: N '" "05 .. .. ... ... Ol .. Si til S I'iIilO U = o ':l ... E '" = o U ~ = :a == = = .,., - o N , o - o N "0 3 Ol '" 'S~ B5 .9= 8 =c <l:l,:;.....8.g ~.... ~~ ~-;;;al~s ~al .. a -~ .8 ~ ] $. -;;;.9 ~ bJJ>'Fl<ii 3.... .a -g .s "8 3 ~ ~.o ~: .~J 5,*"'~~~ o = '!:i ." U..2 ~ al '!:i U 55 -gs-g-g-g~-g-g ;:~ -O=....=^......::t u~ C1j,.Qocuo......C':So = 1:1 .~ ~ .s .~.;3 s'~.rJ ~~ -gg~-g~o-ggj == Cl"'~Cl~uCl'" 0.. ~~......: N '" ~..l.... .,., - o N o - o N 6' ....;' ::ci' '" ~ bb .( ] ::;;- !;j '" !:l. = '" .~ ~ - ~ ~lIJ '+-I ~~ 0 _. 0 00 "0= - == bJ) ea =,e; 'iil =:.a....o 'S:SVJ~ =.oC) '" o u 0 lU ~q:;og eu '0 q p.. "'N '" ..... 0-.("1')'..-1 ",(1)",0 = . . . O.....NM U = 0 ..... Sl:l. ,,!oS" ... Ol = ~..= -"'=t"~ Ol=,,~ 5'-C>.... .- ~ = =.,,0 "O=CG "0== Ol 0 .~ .....0.. O.....l 5~"O ':l"= ... e = = 0 0 .c~~ '" .::l =..t: 0=0 u.!= = -g~ = ,.g .~ ... .. rl..l ~"O - = Ol = = 0 ~~ :at: "0 0= Ol 'as = .. .s = ...- ~ E .. -l:: = = "'''' = = ' .. 0'" :> u~< .. ... = '" = - .. '" :> ~< .. "0 '" 0 ... 0 e ~ '" E -l:: .. "'.... ~"O ~= :l.... ~'i ~~ ~c :; = ... = '" 0 .su i:Iil "'" ~ Cl i:Iil == U "-l ~ Z '"' "-l < on =..S lloON ~~~ lloi:lil= ~"-lN ~~~ ~ ;>< Eo< ~ ~ Cl '"' ~ ~ ~ ~ ""' ... ,.Q ... .cl ~ ~ '0 = .. co ...'0 os .. a;::: '0 a '" co i:Iilu " os '" '" .. ~ ~ :J:el = ~ 8 ~ .. .. ..llo e ~ =-.s: a .. '"'= .. !:: .... os .. ... '0 g ~~ os~ j~ '" co i:Iilu ~ . ~ ~ . II = 'OJ bO ., S bO ~ ~ .. 0. = "0 ., b..., t> ~ ~.e ~ ~ ! I ~ = 1>0"0 '" 0 := =- 8~ ..::: .!""! 0 ~- .; ~ r:= ~~ ","'''' = ~o.-q,bllg .... fJ "l.~ -.t ';i;' O~NtlUJ- .g.g ~ 0. g ~ :e.o fJ} ~ P.. 0 = ~ f.9 q .~ ~ .c~SMO- '" =~ NM U . . ~ ~ f;o1 = l;.l 00 C Z ... 00 ~..~ .il~ .., f;o1 M ~~~ l:I:ll.f;o1 f;o1 >< Eo< ~ Eo< ~ ~ 5 c f';l ~ '0 is 00 00 - - ~; 0 0 OS.Sl N N jj , , '" '" - - '" = 0 0 f;o1l;.l N N "'0 = = ~ - == = os e-s '" '" .a i3 .. ~.s .,!. ~ .= = .2P -w :l'O .. .. = .. .. .. '0 == 5 ~ =5.= .. .. == ~ t: ~ll. ,g<= = .. .. .. ,s=z "'oS == = .. 5 .. =li>i ...'" '" = 0) 'O.~ ~ IS ....... 0: ;..:1= .. 0) 0: Eo< -5'0 '0 .- .. 0 == ~ol::C '0 is 00 00 - - ~; 0 0 ~-a N N , , ; El '" '" '" 0 - - f;o1l;.l 0 0 N N ~ ;::E" ""' ,... .. .q: ~ 0 = ~ = '" ; ~ 0) .. '" E '" "'< S'''"' ... ~ '" ~1 = .~ ~ '" = c; ~ OJ)'S 0 l;.l ~ OJ) .51 '00 :S.E~ = '0"'0 .- =......N ..0,... '0 == 0 " os '" ,... - "'!::(:::: ll.-"'" .- == o . '" .... bllN ....!::M 0.8 >. o '" >- ="'- = "'- 0- 0 = ~ 0 '9 - .- 1U : o:l 0).05 t: .... s 5 <>. = U'- ...~ ..... ~ rIJ"o-l8 -=.- e =2l5: =<>1>. 001>. 8&< l;.l&< <""';N ......:N '" Exhibit E: Public Trailway Easement . TRAIL EASEMENT THIS TRAIL EASEMENT (the "Agreement") made as of the _ day of , 2003, by and between Cardiac Pacemakers, mc., a Minnesota corporation ("Grantor"), and the City of Arden Hills, a municipal corporation under the laws of the State of Minnesota (the "City"), as Grantee. RECITALS . A. Grantor is owner in fee simple of land located within the City of Arden Hills, Minnesota, which land (the "Property") is legally described on Exhibit A attached hereto and made a part hereof; B. Grantor wishes to subdivide and develop the Property; and C. As a condition of approval of Grantor's plat of the Property, the City has required Grantor to grant to the City an easement on a portion of the Property for pedestrian traffic purposes. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the parties hereto agree as follows: I. Subject to the limitations and restrictions herein set forth, Grantor hereby grants and conveys to the City a nonexclusive perpetual easement to a portion of the Property, legally described on Exhibit B attached hereto, and depicted on Exhibit C attached hereto and made a part hereof (the "Trail Easement") for the purpose of public, nonvehicular travel, and access across the Property for the installation, maintenance and repair of the Trail Easement. . . . . Exhibit E: Public Trailway Easement 2. The Trail Easement granted in Section I shall be subject to the following conditions and reservations: (a) Grantor, its successors and assigns shall not be liable to the City or anyone claiming by, through or under the City for any damage to the City or any other person from interruption, obstruction or damage to the Trail Easement. (b) Grantor reserves a right of access to the Property in, to, over, under and across the Trail Easement (including the right to install utilities and driveway improvements in a manner not inconsistent with the easement so granted). (c) City shall maintain and repair, or cause to be maintained and repaired, in a good and safe condition, the existing trail for nonmotorized travel on the Trail Easement. The maintenance and repair of said trail shall be at the City's sole cost and expense, and Grantor, its successors and assigns shall not be assessed for the costs of such maintenance or repair. (d) City shall be solely responsible to carry appropriate liability insurance coverage on the Trail Easement and shall indenmifY and hold harmless Grantor, its successors and assigns from any and all liability or damages arising from maintenance or any use whatsoever of the Trail Easement. (e) City may, but shall not be obligated to, impose such reasonable rules, regulations and ordinances governing the maintenance, repair and use of the Trail Easement as it deems appropriate and desirable; PROVIDED, that the City shall not prohibit the fee owner or owners of the Property across which the Trail Easement runs from reasonable use of the Trail Easement and the Property. (f) The City shall indemnifY, defend and hold harmless Grantor from and against any and all claims, demands, losses, damages, cost and expenses (including but not limited to court costs, penalties and reasonably attorneys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Trail Easement by the City, its agents, employees, licensees, and invitees (including, without limitation, members of the general public) or arising in any manner out of the acts or omissions of the City or its agents or employees in connection with the Trail Easement or with the use or occupancy of the Trail Easement. The indemnity obligations set forth in this section shall survive any termination of this Agreement or the easement granted hereunder. 3. City may delegate the right to use the Trail Easement to its employees, contractors, invitees and the general public in accordance with such rules and regulations the City may from time to time adopt, provided the general public shall not be allowed to conduct any installation, maintenance, or repair activities on or associated with the Trail Easement. -2- Exhibit E: Public Trailway Easement 4. Grantor, its successors and assigns in title, hereby reserves unto itself the right to relocate the Trail Easement (at its cost), and/or temporarily obstruct the Trail Easement for any reason at its sole discretion. 5. The covenants, conditions and restrictions of this Agreement for the Trail Easement shall inure to the benefit of the City. The covenants, conditions and restrictions herein set forth shall run with the land and be binding on all persons claiming ownership thereunder. 6. This Agreement shall be governed by the laws of Minnesota and may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signatures Begin on the Following Page] M19S877 L03 -3- . . . . . . I Exhibit E: Public Trailway Easement IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CARDIAC PACEMAKERS, INC. By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledge before me this _ day of 2003, by , the of Cardiac Pacemakers, mc., a Minnesota corporation, on behalf of the corporation Notary Public THIS INSTRUMENT DRAFTED BY: FAEGRE & BENSON LLP (NJA) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (612) 766-7000 Exhibit E: Public Trailway Easement . CITY OF ARDEN HILLS By: Its: By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003, by and , the . and . respectively, of the City of Arden Hills, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public . . . . I Exhibit E: Public Trailway Easement EXHffiIT A Legal Descriotion of the Propertv Lot I, Block I. GUIDANT FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota. A-I I Exhibit E: Public Trailway Easement EXHmIT B . Trail Easement Legal Description A 10 foot easement for trail purposes over and across that part of Lot I, Block 1, GUIDANT FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota, which lies 5 feet on each side of the following described line: Connnencing at the northeast comer of Hamline A venue, as dedicated in said plat of GUIDANT FIRST ADDmON; thence North 89 degrees 53 minutes 44 seconds East, along the north line of said Lot I, a distance of 201.25 feet to the northwesterly line of said Lot I; thence northeasterly, along said northwesterly line, a distance of 179.20 feet along a non-tangential curve to the right having a radius of 1834.86 feet, a central angle of 5 degrees 35 minutes 45 seconds, a chord bearing of North 27 degrees 48 minutes 04 seconds East and a chord distance of 179.13 feet to the point of beginning ofline to be described; thence easterly a distance of 103.22 feet along a non- tangential curve to the left having a radius of 216.57 feet, a central angle of 27 degrees 18 minutes 28 seconds, a chord bearing of North 89 degrees 17 minutes 20 seconds East and a chord distance of 102.24 feet; thence easterly and northeasterly a distance of 34.34 feet along a compound curve to the left having a radius of 35.00 feet and a central angle of 56 degrees 12 minutes 58 seconds; thence northeasterly a distance of 100.55 feet along a compound curve to the left having a radius of 522.24 feet and a central angle of II degrees 01 minnte 52 seconds; thence northerly a distance of 23.69 feet along a compound curve to the left having a radius of 60.00 feet and a central angle of 22 degrees 37 minutes 17 seconds; thence North 14 degrees 14 minutes 00 seconds West, tangent to said curve, a distance of 106.89 feet; thence northwesterly, northerly and northeasterly a distance of 27.35 feet along a tangential curve to the right having a radius of 25.00 feet and a central angle of 62 degrees 40 minutes 21 seconds; thence northeasterly a distance of 79.43 feet along a compound curve to the right having a radius of 225.57 feet and a central angle of 20 degrees 10 minntes 30 seconds; thence northeasterly a distance of 170.92 feet along a reverse curve to the left having a radins of 200.00 feet and a central angle of 48 degrees 57 minutes 53 seconds and there said line tenninates. . The side lines of said easement are to be lengthened or shortened to terminate on the northwesterly line of said Lot I. . B-1 . . . Exhibit E: Public Trailway Easement EXHffiIT C Trail Easement Depiction (attach depiction) C-I Exhibit F: Public Trailway License . PRIVATE TRAIL LICENSE THIS PRIVATE TRAIL LICENSE (the "Agreement'') made as of the _ day of , 2003, by and between Cardiac Pacemakers, mc., a Minnesota corporation ("Grantor''), and the City of Arden Hills, a municipal corporation under the laws of the State of Minnesota (the "City"), as Grantee. RECITALS . A. Grantor is owner in fee simple of land located within the City of Arden Hills, Minnesota, which land (the "Property") is legally described on Exhibit A attached hereto and made a part hereof; B. Grantor desires to grant to the City a license to use a trail on a portion of the Property for pedestrian traffic purposes. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the covenants and agreements hereinafter set forth, the parties hereto agree as follows: I. Subject to the limitations and restrictions herein set forth, Grantor hereby grants and conveys to the City a non-exclusive license to use a portion of the Property, legally described on Exhibit B attached hereto, and depicted on Exhibit C attached hereto and made a part hereof (the 'Trail Area") for the purpose of public, non-motorized, pedestrian recreational travel on the Trail Area (the 'Trail License''). Any use of the Trail License shall be subject to reasonable rules and regulations as Grantor may impose from time to time. 2. The License granted in Section I shall be subject to the following conditions and reservations: . . . . 'I Exhibit F: Public Trailway License (a) Grantor, its successors and assigns shall not be liable to the City or anyone claiming by, through or under the City for any damage to the City or any other person from interruption, obstruction or damage to the Trail Area. (b) Grantor reserves a right of access to the Property in, to, over, under and across the Trail Area (including the right to install utilities and driveway improvements in a manner not inconsistent with the License so granted). ( c) City shall be solely responsible to carry appropriate liability insurance coverage for any use of the Trail Area and this Trail License. (d) The City shall indenmifY, defend and hold harmless Grantor from and against any and all claims, demands, losses, damages, cost and expenses (including but not limited to court costs, penalties and reasonably attomeys' fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Trail Area by the City, its agents, employees, licensees, and invitees (including, without limitation, members of the general public) or arising in any manner out of the acts or omissions of the City or its agents, employees, licensees, and invitees (including, without limitation, members of the general public) in connection with the Trail License or with the use or occupancy of the Trail Area. The indenmity obligations set forth in this section shall survive any termination of this Agreement or the easement granted hereunder. All other rights to the Trail Area are reserved by Grantor. 3. The City may delegate the right to use the Trail Area to its employees, contractors, invitees and the general public in accordance with this Agreement. 4. Grantor, its successors and assigns in title, hereby reserves unto itself the right to relocate the Trail Area (at its cost), and/or temporarily obstruct the Trail Area for any reason at its sole discretion. h1 addition, Grantor reserves the right to terminate the Trail License in the following circumstances: (a) Ifnecessary to protect the safety of Grantor's property or its employees (including the property or employees of any of Grantor's affiliates), Grantor may terminate the Trail License by delivering a written notice to the City which contains the reasons for Grantor's action. The termination shall be effective upon delivery of the notice. (b) Grantor or any of Grantor's affiliates may terminate the Trail License by delivering a written notice to the City sixty (60) days in advance of the termination date. The termination notice shall include Grantor's reasons for its action. I Exhibit F: Public Trailway License 5. The covenants, conditions and restrictions of this Agreement for the Trail . License shall inure to the benefit of the City. The covenants, conditions and restrictions herein set forth shall run with the land and be binding on all persons claiming ownership thereunder. 6. This Agreement shall be governed by the laws of Minnesota and may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CARDIAC PACEMAKERS, INC. By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ) . The foregoing instrument was acknowledge before me this _ day of 2003, by , the of Cardiac Pacemakers, Inc., a Minnesota corporation, on behalf of the corporation Notary Public TillS INSTRUMENT DRAF'fED BY: F AEGRE & BENSON LLP (NJA) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (612) 766-7000 . . . . Exhibit F: Public Trailway License CITY OF ARDEN HILLS By: Its: By: Its: STATEOFMINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2003, by and , the and , respectively, of the City of Arden Hills, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public I Exhibit F: Public Trailway License EXHmIT A Legal Description of the Propertv Lot I, Block I, GUIDANT FIRST ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota. A-I . . . . . . Exhibit F: Public Trailway License EXHffiIT B Trail Area Legal Description B-1 Exhibit F: Public Trailway License EXHmIT C Trail Area Dl;piction (attach depiction) . . . C-l . Exhibit G: Drainage and Utility Plan . ~IIU . Cj c: - . c )I :2 .., EJ I: il 1. I ii -"tJ ~~ ~~ ~!D i- IS ,I , IliltulHmm lilUllUllIlll1 i ill1ll11lU111 II 'I I iH1HHjl-lll! 11II1I.III1;llIl nnnlll' UIlI'1 . - \ II' 1.1 . I I ' I I t I III I I II I , L_ Exhibit H: Declaration of Restrictive Covenants . DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION is made this _ day of Pacemakers, Inc., a Minnesota corporation ("Cardiac'). ,2003, by Cardiac RECITALS A. Cardiac is the fee owner of a certain tract of land legally described on Exhibit A attached hereto (the "Cardiac Tract") and located in the City of Arden Hills, County of Ramsey, State of Minnesota; and . B. Femwood Avenue bisects the Cardiac Tract and is legally descnbed on attached Exhibit B (the "Land"); and C. In order to induce the City of Arden Hills (the "City'') to vacate Fernwood Avenue, Cardiac agrees to subject the Land to certain covenants, conditions and restrictions hereinafter set forth; AGREEMENT NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cardiac hereby declares and makes all of the Land subject to the following covenants, conditions and restrictions, which shall run with the Land and be binding on all persons having any right, title or interest in the Land or any part thereof, its heirs, successors and assigns. 1. Use of Land. Cardiac hereby grants the City and the general public the non- exclusive license to use the Land for vehicular and pedestrian ingress and egress during the . following times: from 6:00 p.rn. (Minneapolis time) until 6:00 a.rn. (Minneapolis time) Ml :974575.06 -1- . Exhibit H: Declaration of Restrictive Covenants . . every Monday through Friday, and all day every Saturday, Sunday and on federally- recognized holidays (the "License"). 2. Term of Declaration. The License granted in Section 1 hereof shall become effective on the date Cummings Park Drive (as depicted on the site plan attached hereto as Exhibit C) is completed and open for public use. 3. Maintenance. Cardiac hereby covenants and agrees to maintain and keep the Land in good condition and state of repair, in compliance with all govemmentallaws, rules, regulations, orders, and ordinances exercising jurisdiction thereover. 4. Reserved Security Right. Cardiac, its successors and assigns in title, hereby reserves the right to temporarily close the Land, and the right to modifY the hours the Land is accessible to the public as outlined in Section I above. In addition, Cardiac reserves the right to terminate the License in the following circumstances: (a) }fnecessary to protect the safety of Cardiac's property or its employees (or the property and employees of Cardiac's affiliates), Cardiac may terminate the License by delivering a written notice to the City which contains the reasons for Cardiac's action. The termination shall be effective upon delivery of the notice. (b) Cardiac may terminate the License by delivering a written notice to the City sixty (60) days in advance of the termination date. The termination notice shall include Cardiac's reasons for its action. 5. Successors and Assigns. The License granted herein shall run with the Land and be binding on all persons claiming ownership thereunder, subject to Section 4 above. 6. No Public Dedication. Notwithstanding anything apparently to the contrary herein, there is no public dedication of or public rights in the Land, which remains purely private property. All rights ofthe City and/or the public on the Land as set forth in this Declaration are solely of a propriety nature. 7. Severability. mvalidation of any of the prOVlSlOns contained in this Declaration, or of the application thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. MI :974575.06 -2- Exhibit H: Declaration of Restrictive Covenants 8. Amendment. This Declaration may be amended by, and only by, a written agreement signed by the then current owner(s) of the Cardiac Tract, and shall be effective only when recorded in the county and state where the Land is located. 9. Governinl!; Law. This Agreement shall be governed by the laws of the State of Minnesota. 10. Counteroarts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signature Page Follows] Ml:974575.06 -3- . . . . Exhibit H: Declaration of Restrictive Covenants . . IN WITNESS WHEREOF, Cardiac has executed this Declaration effective as of the day and year first above written. CARDIAC: Cardiac Pacemakers, mc., a Minnesota corporation By: Name: Title: STATEOFMlNNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instnnnent was acknowledged before me this _ day of , 2003, by , the of Cardiac Pacemakers, Inc., a corporation, under the laws of the State of Minnesota, on behalf of the corporation. Notary Public This instnnnent was drafted bv: Faegre & Benson LLP (NJA) 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (612) 766-7000 Ml:974575.06 -4- Exhibit H: Declaration of Restrictive Covenants EXHIBIT A CARDIAC TRACT . Lot 1, Block I, Guidant First Addition, Ramsey County, Minnesota. . . MI :974575.06 A-I . Exhibit H: Declaration of Restrictive Covenants EXHIBIT B LAND [fusert Legal Description] . . Ml:974575.06 B-1 Exhibit H: Declaration of Restrictive Covenants EXHIBIT C SITE PLAN . . . Ml:974575.06 C-l . . . , I Exhibit I: Xcel Access Easement A copy of the executed easement will be attached once the vacation documents are finalized and prior to the issuance of a certificate of occupancy. ., III . . . ~ tEN HILLS MEMORANDUM DATE: Agenda Item 6.A.iii June 30, 2003 TO: Mayor and City Council @ Peter Hellegers, City Plann ~i- Plauning Case #03-04 Guidant Corporation 4100 North Hamline Avenue Final Plat FROM: SUBJECT: Requested Action The applicant is requesting Final Plat approval to create one lot zoned I-I Limited Industrial, from six lots zoned 1- I Limited Industrial. The new plat shows Fernwood Avenue being incorporated into the Guidant Campus as a private street and also shows Guidant Drive North (to be renamed Cummings Park Drive) being dedicated for a public street. Plaunin2 Commission Recommendation In Planning Case #03-04 the Plauning Commission is recommending approval of the Pinal Plat with the following conditions: 1. Execution of a development agreement prior to signing the final plat. 2. Provision of an access easement to Xcel Energy prior to signing the final plat. 3. Compliance with applicable provisions of the City Code and related ordinances. PC #03-04- CC Memo 0613012003 - Page I of 2 Options 1. 2. 3. 4. Recommend approval as submitted. Recommend approval with conditions. Recommend denial with reasons for denial. If the City denies the petitioners request, " .. .it must state in writing the reasons for the denial at the time it denies the request." Table for additional information. Attachments 6Aiii- I 6Aiii-2 6Aiii-3 Gnidant Final Plat Planning Commission Memo February 27, 2003 Planning Commission Minute Excerpt March 5, 2003 PC #03-04- CC Memo 0613012003 - Page 2 on ,. .. . . . , .. . . Attachment 6Aiii-l . . . . . .. U1 :J" (I) (I) ..... AJ (I) :r Q. (I) .., o :J Q. > (/) C.N (/) o g1 g. (I) ..... (I) (I) ..... Y' tI) .... o .... 5" o . H p o~ ~I !! .~ . ~ ~~ ~~ ~, ~~ VllQ 1)- ~a-::r &$ ~!\ g tl.C\I';' gaj" ~, ~ i'J"-l' . ,- Vl'~ is:;: 1::....-5l. ~[~- - ~if . if~~ Etoiil:\O 'tlIl::C\I~ c; 1;1<1 ~ ~ltr~ ~~ ~ .g' g ~ .::J~Q" ~!n Dr~[ ~,.- . . ~ Q,,~ II g..g, .a-a _-8 '. .~ ll-~,,- K~QCl. o -. ~t;r"'i ' . :.gI Hoo ~,' o "-_ " ~ ",:Jliii' :)"-:;:,,, ~iit~ Ql~lil ~~... g:ag,,@: ii!i,:J - ''OJ? lfig-!i , ~r.$ ~[~ H~ "0 ~~~ [3Er II-ita g~i- l}~"l',l ~o-il! ~p ,. 0 J.~~ '"~ ["'- Q~ F,rd:!: ~ Sa- ~3'~ ~ a Jo1 [g' ~ o " ~ !i " il' I 11.1 I ~ 0." ~s I~~ .", ~~ a.~ !~ ,,-" ~~ "," l'" s'&. toS' o_ n 11.- ~~ ~~ . 0 ~!i ~" '~ I. ~ I~ ~~ I ! ag h j" it ~ ~ ~~ 11. H oS 0"" h ..~ ~.j;' , ~ I' ~ ~ 'I g " '" " o ~ , " il' } ~ !i " ~ ! " ~[ ~~ g~ ,,, "l VlJ!. i~ ~; ~'~ ~l ~". , . t~ .it w~ . . 00 ~t '. ~! i~ ~ ~ g' . i g~ II~ 11.~ 11: g- -<l ~ ~ ~ 9W So;" " o 0- -~ , 5 S s: '" ~. ~ I ; " , . ~~ ", o~ -. . 11. ! 0: ~ o' " .. r .. .. o ij: ~ >' , <> ~ o ~ 3 . ~ 11. 1 . ~ ~ o . g, 'i? , j' ~ ~ ~ o " ." ~ l o 'H .H "~ o. T, 11-0 , ~ ~.. iif ~~ ;~ .." ~o .;[ ~'2.. "a 00 SjtL "0 . . i" U ,- lil~ " 6~ :i ~g ...~ ~o ~ I " ~ o o I ~ a ~ ~~ ~~ oa,li" " . . l ~ <> e o , ;"if 8~ ,"" " ~ . ~, ~ " [ f ~ ~ , ~ o .i3.: o ~ o ~ ~ ~ , o it ,. ~ o . ~ [ . g ~ if , ~ ~ ~ " ~ .' .. ~ . b o ~ n' ~ ~ o ~ n' o ~ ~ ~ ~ . I[ ~1l t~ ~: '. ~[ o ~'" !l. 11. ~ ~H ~ ijl;ll ~. - ~o~ ~~ o. -. igt ~~ ~o g-f ~g, ...~ ~i h s::r. .i o' -0 "'- ~i' ~~ ~.. ~~ h ~~ ~. .'" ~~ -S' ii II [11. ~*' Slil' ..' I;'~ ,,' [01 ~! "jg i", ~g 2'll 3~ it'" ~o 0_ ~,. ~ ~~ o' ;~ ~~ S'~ .0 :Sir 0- " ~ . . it ~~ ~ s' H ,ers: ~~ -~ If!t fif :~ ~o t,.,E;; ~~ -~ 11.[ ~~ [1r ~I;' ~~ [~ _0 r~ '~1Il . o $ [ l? ~ ~ l[ n ~o -l-- ..if if~ &;Q ~o -l-[ !<o .~ 11. if if~ ",- ~~ ~o 0- ~if [~ g~ ;i .to ,[ ~~ J:~ a . ~~ o !i -~ :;1"'6' ~ll if~ ~~ '" ~~ ~~ -~ II ~ , 5 l' ~ ~g sc'; ~3. o ~i l[ h o~ -~ ifir ~w ~~ e~ ~~ [~ 0" ;[~ 111. ~~ ~6' 0' -~ s:!'-1 .~ wi -~ ~"6' ~iS ~. ..~ .~ a~ .~ J H 0" ~"" h ~ o o 5 , ~ , a o .. ~ o ~ ~ , 5 l' 1- ~ -l- ~ ~ . i ~[ 0' ~: ~ Q"" ~ -. ~. ~. ~ , (I} ~ ! .. ~ r .. ~ . a , o j i!. ~ ~ 3 . I~ " ~ 11. ~ 'I ~ , ~ il' ~ ~ o ~ ~. [ g- " g> ~ , ~!1 '" Q" :~ -" ~~ ~~ ~3! '1;: ~~ "i;i ;~ ~ .. ~~ . " ~Q i?~ g,~ ~ciJ ~3 ~o ;;~ .. p o ~ S' , ~ ~ ~ g; > o ~ q ~ s: ~ :c: ...., .S' o ~- .E!~ ~ !i " ~ 'I 11.~ ~~ ~~ . 0_ _0 o lfIS -, 0' $:g jtc; *'~ g.$: ~~ ~~ f;:g: , &~ "'~ ~.~ !f!'3 ~~ n ~~ u , ~ ~~ ~~ , S' ~ o , " .. ~ a a ~ .' I ~ ~ ~ o 1': o , "- . . " g ~ ~' ~ ~. ! ~ ". , ~ ~. e~ ,~ . jl o " S' , . . o Q o o -<l ~ .. > [ o o o . It ~ = ~ ~ . , " . ",. , . " ~ ~ b i " . ~ I <> o . " ~ l;' il. g' ~ ,., ~ ~ ~ '" .is ~ ~ . ;: 1 ~ s " f l' 1- ii ! 11. S' . 3:: ~:s Q ~ ::IQ. .:ot ~ 3Q ~ ~ ~ ~ ,,~ a lE~ 2 ~ '" ~~ Pi ~" " ~s: ~. a~ i i g a !23 !i' if~ go ,,- ~ . ~ o ;[. ., ag .'" as ~. g~ ~~ 1& ~o ~- ari' l~ ~ 3' ~ o ~ ~ S' .. a ~ ~~ 'g 5", c""' !a.i" H -, u . 0 ~~ _0 Q~ 'a ~[ ~s: . ~ ~"- ~~ w ~ is ~ .. .. . . ~ [ l? ~ ~ 11. " . ~ ~ . ~ I 11. ~ il' , Fl ~ ~ ~ '" jS ~ ~ . ;: J 11. ~ if Fl [ '" II ~ ~ . ~ '" J ~ ~ ~ $ . 0: f ~' ~ I 1 ~ .. ~ 8: S' ::!J ~ ...., a ~ ~ ~ '" .. " 11. " ~' a o .. ~ o o .... ~ o :c: ;;0 CD tIl ::r :; 0- rt> CD CD ~ ..... 0 I\) :J 0- 0 )> -h (/) c.. (/) 0 Vl 0 :; O' rt> ..... rt> CD ..... Jl (/) 5" fI . . ~~I Ii> .1;> g::;.~ .t.:l; l'~" ~I .<:f~ ~l;;; <!l ~: I ;;;3 ~f~ ~.. I 0'1.. i """ r.{ 0 t ~" oP' 0 ~~ ~ 0 . 3 ii":g H a 3 < ~ if, o~; R . , ~~ '" .-. ~5' sQln ;- 0 8 /'.~".,~ ~~ ti~g, 0 - .- N , g'>o; ol-if ,. 0 0 , .- hw ~ I o~ 05' ." irg. ..5'~S: 8 . 8 l) g g ~ H -~o ~ 0- "I ~ ~ ~~. S~o , -,.~ ...#.. ~ 0 ~ , -. ~ , ~~ 'l a ~ ~ '" ,~ ~~~ ~~[ if!, ~.o . . ,-' If: %~~ ~.~ PB- S'~lg ~~! ~~ ~ &: I \\''1.\ \tP l If 1ft' ! ~.. ( ! SOllUl liflll of fhe NDtth 6J9 r= o( th, [as! flllft or thll South_t OIIC1rt.,. of Sltel/Oll 22. rllll'nllhip Jo, Rcmp 2.1 I".' ....[ '., I ~~~ ~~~ : : :~~ C~ ~ 1 r~1 ;:~ ~ ~ I ,,'(n"i ;;~ ::~ ~:~ ~:~ :2: I:':-~~i ~ ~!11 ai :~: IS." :2: ~~ ~ ~;~ f:; ~..~ :I. J ::I ....,'1 . .,. 1 %f .~. ~ #'", ~..# "'~. '.. :2: p.. :~~ ~ ;1;1- '" i!;... I g~.., ,. ~a .:;:" ;; 9. t:~ ;;~ u;'" g" :~~ ii I .,: r I ~. ~ I I '" I !'i I!::f I : f. : _l 'f- I U :.. I "'~ ~:;:: IO:lI , I ~ ~~: I 1 ..... 10~) ;;; ~!I~~"'I! ~..\.I'" ,c.,...... "" ,- .~r.; _, r:~t I i>\L: &~"i , I 'l" It ~ ~ .... Q; l!l :81 ~ ~_-;-,______J_n_n_,_n_______n.:''-______n_________nL_nn____n_'-; I "~7 I - -T~-+------- ,--- ",' 4Q:1.-,::,\ I" ___._~~(Jlld~tricl!la.!l~"nt fli ...... _,~...-'t::P~J' JJ [ II I ! per Doc:umSfI' No. 269.fJJf I.; ~~; it ~: LlO If I :Il"fr;~"<" ~~'?/~ . ~ I II l' ~ "" ;" hJ ~"",.o:;:.;>"'" f!> 81 ~ \ . ,,[I. 8 ,?~J' ! I 0\'-;"" I >\." t - ,t,:;rIt::'r/ ~ : ..t ::,. i .'''''", ,~'"t'$ /(/~ I \,...., ... it ~El "~"~~8~~d.".'-'\"" ~1f:"<.f'~\!P~ ~.t,. _&I 16.5 I ,"- oL ' 1 \ N"..",4fJ". Yt-,,'Ii . ji',1)i1i"- 1,1 _. _... 4-tt.DO ' _26:Sf::;:;'" /-" '1 \ 5S9"41'39 W ....{! 1227.23 \ I /! 't' , J'~ i ~~ <!l !.~?)>: - i 'I!::;;e Wi ,I ~~ '/6/) ,If S,. Il~! :?)~." ~ ~ </ ,g! I"~ A ~ 8 ~':':. I ~ ,U; ~ 8 I J4P.s:.fS'.:I12 ~ -------- -- J/ t N8S'4l'NE 1276~ ... ..~, .. ...... .. .., ~.... . .... . .....\1. .. .....v.. ~~ ~.. .... .. . . . ..., . ".. ------_!-_-- \, South Una of the Ern HoJf of tllll SoulhllllSl --- QlIlIrfet- of SIlCtIM 22. Ta_hlp JO. RuI'lI1It 2J i iS89"4"39"'W 790.00 5S9'5J'44"W 7079.45 ----- 'Or.., " ii -1 a g DRIVE PARK . CUMMINGS . ii ......' .fO!l.Jr .. 2<220 '4.r ( I ~~ ~f '. ~- I! ~~ ~i i~ if ~ A" 1 .,..~- \ ;; ....... 11,(1,. <i~"~ -'>- ~ /-'--~\ ;f~! :t:::i...,.: s; . ~ , '. ".}~ -1 " \/ (' r<~ I ~ i ij lD~ ~ I I I I I I '0 ~ OJ ,..... 1,'1 . . ,!') .~/; [ o C) ~ \~~~ , ':\' , ~ ~ . ,... -r o .... ~ 8 I,') /',t',' , ~ ~ "I , .:\\ ~ JJ." e .- r' . ., j"~ , 111\" I ..,.".,.. .... ,. .,.. r-" , I I '.1 M ,.. '. .... ".1 ..'lo....... . ,...'..r............. 1..." ,,.,,., ,,\, , ........... .....,. I I I I e .. -.. ... ~ s: ~ ~ ..., '-. '., ,,, ". :2: '" '" '., ,,, '., ,,, :!J ~ ..., ", , , :0:. :i: ... " ... '.. '., ,,, ", '" ". '.. '" ).. o o ..... ~ o ~ ", '., -.. '., .::;, '.. --. ... :c. '-j -" ", :;0 CD (jJ ::r ::r Q. (l) CD (l) ., ,.,. 0 <.J :J Q. 0 ~ ..., <.J (/l 0 (jJ 0 -, ::r 0 (l) ,.,. (l) CD ,.,. (/l I/) . :i 0 . ,_\ 1 - . '" 1 -~ 1 ~_ : ~ti I ~ I"" I / Icf!O 'Jf! ~~: 0 ,.:~\ ~ I I Iii : I IIT~ - - - - \ .1;/ 0 .~~ -'::- l ~ I Wr n '< I ~.f) / .., ~~ ~a J t ~: i' w: I L -./ -.....) ,.. i:i ,:;.<"'.~, ~" r.."" .,:"~ A~S&~/C ~: [ !; !NDfAN O..t~;S .,. :C. ~~~ ,. /~~ Vr_.', '-r-:.r.~'''''E ,,~ ','C,'" '.....::.-1-""'\.'\ J, Ii., 'I I J "'- I'."~ :,: 1;: ;,; '/">"'(.I'\~\~""~' ~ ~ 0 \\ '~;/~~tl V [~ I .-/ E? '~/ ~ /)," "">~~>"I.~~...." <;.:~.. I";;'~'lf;t{~ I) ~J , . ~ / N,t 1 ; '- "'!l. '""f . "'lil, ",'''' j! 1 ..~ //..1'3 ~ I '":)-' r ~ .......... e.... ~ ''a. ......d~ """ ~t;!:l\\~1.1 11 i}'g. I ~ '/h~ ~/ : ~g\ '\ <" "<f~'~ ';. '--~ l>~,'.lo;;\\""",~~" ~ H ~ fOe. .00'1 ,If ',1, . -" "'~~ ~"\' ,\. \'!i,}\~;\\,t.J"'I;; N- _ _ el. .go / ~.\\ / / ',."~ \ ~ ~ \ ~ . \\""~I 7 I ~ ~ ,.." 1 \'~Y;"\o; !4, .,,!JgS _,';, ~\. .1 \,0,1, I 'Ii I ~ ;~ / ~\"''1-- "",,~..... \\~~ ."r.....,..2/~ \,\ tA..:.i'; f\n'\r'~ I ,~ <:) ">,.~, ~ l!l \ "") .~~;....~~" t~~"'sWJIJ"W'W:" :;,-1' i ,,~~ ~,,~!~\,'.~ 'fu -~!~'~-~"',=;";r~1 \.; ~~.h I /~ ~9\j.9~ i....(.t.... /.;.,\~~,~, 1:t '%~<'!/&:t ........... ......( ~r I It f'1 I NS9;P;f"E: 1 ~ jj ~ \" \~t ~:~~~~:~~.~,~?k:"f::/~of___ ___~~!!',!~.' "'''t>:,,"~m,'!~_(I!.,.._..JI...._.t\ ~ I 75.00 r . / ---:2904;---- ~-_ ~-::-"8;:9f),"':'-- ----'>.,.,. - ' I 1 ,1:UJI.2:ll "... ~'<<"t c'1S89"5.i'4"'W 1 ~ - - I I f ~ I _',_.. \",1/ Q t ~j L ~,\ SQuth 1m. of the North 44 ocr., or : : i'=~:-::~:.I / i If ~---:;'S~~,H~. '1.~~~jZ~'1j' i ! r-" 'I 1 I'~ ~ i f / ',:', ~ ~ i 8 :s I I ~ .;9 i~ I \ I i'~ ~ / ~ / .-- , : i : ;:t If', ~ ... I ~ 1 ~ :i~\[! .'_ ! f i ~--;t-"/'I -:;- ! ~ i iT \ : ~I :~ nr ':. ~ I\JH 1 I I I 4- I I L r......:: r I ~~ I I 1 I' ,---'-'-------, i, :11 l. .. \ ,.,'"", ' ..,1 '.-.'.."'\ ~: t:~ 1 i I i ",I ~ ~f ~ \ l t ~! ~ z I -4 :1 ~ ..... : I !I 40'" i..." 01_$: l: <l. ~rY1 ',I j 8 \ \~, u ..Ii ~\.J'." ~\ 1- / I ~ Q \ \ Ill! / I 8: l~t:::~~.. ",/ j'" '" e s {:j:'i{.::~E -, I I ~~ I.'.~ ;.."'\ .e. "" :1: _ .J :1: '" {-1'1.... ", e'".. \. ~(,~It. {)f?i'v'[;" --. ." ", :~~ ." ." :~. n ." ", ..;.l :0: r", :!: I .:: iit I :<. ~ .,::: 8 '''(1) I !~:~f: ~ i .:: /..- ! n~ :ii I !~l ',. ~!~ ;:; I j ~i ~'" I~~ ~f e it , " . . :0:. ',. " :~~ . 0 ~ g~ !il~;;! 0 ~. ~ -. 3- i g'8 o ~ . [-:; _~s X' 0 Q' 5' ~VJ ~.' go-" " g 8 f!J. ili~g, ~. , . CI is S' N ~:;: o~ . 9- 5' I ~~. ~.jS~ ." ~ .g ~s: ~ . ...~ 8!!. g ii' ~d .. iii' ~~~ ~ :z~. o. :!:ir;.. ~ ~a r..1 ~ "I 0 !'l ~ - 1"1 .;~ ". '" '" I';; i~1 ;~: \.,. :~; ',' / ,.I', 0-:-:' (.:-' ,''Y' '.:' e ~ CUMMINGS PARK DRIVE -.' , ,-- .' ".-".:. \1 'h--. ~:~... '~75f v~"".o:"lr - ~~ r- <~~> 1 I ;p.e- ~ I 0 ... If)$ " U I~ I" I .". t- ). 1-10 -c: 1 ~I ~ ~~ ! k ffl ::t I ,.....?J- I ",:-f ," Ki ./ 1!S~ ....4,:4~ ...b 8~ ~"fj .......~..,- \.'.."YNB9"4f..l!I.("....." ; ~50.00 ..~ l 2'iA" COUNTY""'" , r::"",n' e SS9'41'J9"W '="''1- - - I .''', "';"."\ , ..- --. r'-~' T' ~!; n l" ~j -I I Ii 'IE t ' \. .} /7--.-.{Jr<Jint;gll lJ"d (It/Iity {;",em~ -='~l'~ 1! HO,OQ ROAD "",,. ~ $1,00--<: ...-/ ...-- F e ~ I :n:.y,:.' -+- 1 J56.20 ~ ( South Un. 01 IIti!' W~ Half 0' 1M Soulh~a,1 .- Quorler Of S.ctitln 22, Townehip Jo. ROI'Ige 2J .. ~ , I .. "" - ... I I I II M ",. '. ... ..,.,. ........ .. ,....,........-,....... '.' IIF II I 1111" "............ ,..,.. I ~.. ,.." I I_I 1\/1 / .... " ...... ~ ~ ~ ~ ..., '!: " 1: :!:J ~ ..., ~ ~ ~ ~ ~ ~ ~ e . . . . Attachment 6Aiii-2 . ~ EN HILLS . MEMORANDUM DATE: February 27, 2003 Agenda Item 4.A TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: Case #03-04 Guidant Final Plat 4100 North Hamline Avenue Requested Action . The applicant is requesting Final Plat approval to create two lots zoned I-I Limited Industrial, from six lots zoned I-I Limited Industrial. Overview Surrounding Area Industrial I-I: Limited Industrial Office / Utility East (Shoreview) N/A N/A N/A West Low Density Residential R-I: Siugle Family Residential Single Family Residential . PC #03-04 - PC Memo 022703 - Page I of 5 . . Site Data Industrial Light Industrial! Office I-I: Limited Industrial! PUD Overlay 92.78 acres (4,042,646 square feet) N!A Relatively flat. Background At their November 12, 2002 meeting, the City Council approved the preliminary plat for Guidant First Addition. The approval was granted with the following conditions: 1. 2. 3. . 4; 5. 6. 7. A trail easement being provided on the westem portion of the property in conjunction with the final platting of the property. The installation of a traffic signal at the intersection of "Cummings Park Drive" and Lexington Avenue at Guidant's expense. Reconslructing "Cummings Park Drive" at Guidant's expense in accordance with plans and specifications approved by the City Engineer. Execution of a developmeht agreement for developer installed public improvements. Provision of an access easement to Xcel Energy. Compliance with applicable provisions of the City Code and related ordinances. Satisfaction of the park dedication requirement as approved by the City Council. Final Plat Review Final plat approval allows the Planning Colt1mission and City Council a final opportunity to review a plat to ensure that it is consistent with any requirements/conditions associated with the preliminary plat approval. The following highlights compliance relative to the approval of the preliminary plat: I. A trail easement being provided on the western portion of the property in conjunction with the final platting of the property. A trail easement has been provided. This will be executed simultaneous with Final Plat approval 2. The installation of a traffic signal at the intersection of "Cummings Park Drive" and Lexington Avenue at Guidant's expense. . PC #03-04 - PC Memo 022703 - Page 2 of5 . This is outlined in the Development Agreement between the City and Guidant. The Development Agreement will be considered for approval by the City Council in . conjunction with the final plat. A draft of the current Development Agreement has been enclosedfor the Commission's reference. However, no Commission action is required. 3. Reconstructing "Cummings Park Drive" at Guidanl's expense in accordance with plans and specifications approved by the City Engineer. This is outlined in the Development Agreement between the City and Guidant. The Development Agreement will be consideredfor approval by the City Council in conjunction with the final plat. 4. Execution of a development agreement for developer installed public improvements. This condition would need to be reiterated with final plat approval 5. provision of an access easement to Xcel Energy. This condition would need to be reiterated with final plat approval 6. Compliance with applicable provisions ofthe City Code and related ordinances. This condition would need to be reiterated with final plat approval . 7. Satisfaction of the park dedication requirement as approved by the City Council. This is outlined in the Development Agreement between the City and Guidant. The Development Agreement will be considered for approval by the City Council in conjunction with the final plat. Changes from the Preliminary Plat One variation from the preliminary plat is that the Final Plat contemplates two lots instead of the three lot pattern. Lots I and 2 from the Preliminary Platha'le beea eembined to form Lot I. Lot 3 from the Preliminary Plat has remained relatively unchanged with the exception of the lot now being described as Lot 2. The following table highlights the changes to the lot area. 1. Minimum Lot Area. The Zoning Ordinance in Section V, F, 2, states that the minimum lot area for lots in the I-I Limited Industrial Zoning District shall be at least 30,000 square feet. Both lots on the Final Plat are significantly larger than the required 30,000 square feet. The numbers shown below include some property that is not counted in the total size of the campus because the property was lost to easements or dedications. e PC #03-04 - PC Memo 022703 - Page 3 of 5 . . . . Lots LotI Lot 2 R uired Lot Area 30,000 uare feet 30,000 uare feet Provided Lot Area 2,489,840 uare feet 1,558,494 square feet Staff Comments Notification Notification of the current four planning cases for Guidant was mailed to approximately 850 residents in the area around Guidant exceeding the requirement of 350 feet. Council Meeting Date The Council would consider this item at their April 14th meeting instead ofthe March 3151 meeting. Due to this change, approval of cases #03-06 and #03-07 will need to be conditioned upon approval of !he final plat. Fernwood Avenue The proposed final plat contemplates the Vacation of Femwood Avenue as a city street. A13 shown in the Master Plan, Ferwood Avenue would become a private drive and would be reconstructed to be narrower and somewhat curvy to make the drive more attractive. The applicant believes that doing so will serve to tie the Campns together instead of the current street layout which divides the campus. Guidant would restrict access along !he road during their approximate business hours, 6 a.m. to 6 p.m., but the remainder of the time !he road could be used by the public. Guidant reserves the right to restrict access to Femwood Avenue if necessary to insure employee safety. As an alternate route to Cwnmings Park, Guidant would dedicate Guidant Drive North as a city street ("Cummings Park Drive") and would reconstruct the street to city standards. Staff Recommendation In Planning Case #03-04 staff recommends approval of the final plat with the following conditions: 1. Execution of a development agreement prior to signing the final plat. 2. Provision ofan access easement to Xcel Energy prior to signing the final plat. 3. Compliance with applicable provisions of the City Code and related ordinances. Options I. Recommend approval as submitted. 2. Recommend approval wi!h conditions. PC #03-04 - PC Memo 022703 - Page 4 of 5 . 3. Recommend denial with reasons for denial. If the City denies the petitioners request, " .. .it must state in writing the reasons for the denial at the time it denies the request." Table for additional information_ . 4. Deadline for Al!encv Actions With regard to subdivision applications, Minnesota State Statute 462.358 Subd. 3B indicates the following: A subdivision application shall be preliminarily approved or disapproved within 120 days followihg delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. This particular application was received January 28, 2003. As a result, the application must receive a preliminary approval or denial by May 29, 2003. Outions 1. 2. 3. Recommend approval as submitted. Recommend approval with conditions. Recommend denial with reasons for denial. If the City denies the petitioners request, ". ..it must state in writing the reasons for the denial at the time it denies the request." Table for additional information. . 4. Attachments 4A-1 Applicant's Description of Request 4A"2 Proposed Final Plat 4A-3 Final Plat Highlighted Easement Sketches 4A-4 Final Plat Highlighted Road Vacation and Dedication Sketches 4A-5 Planning Commission Memo September 26,2002 4A-6 Planning Commission Minute Excerpt 4A-7 City Council Minute Excerpt . PC 1103-04 - PC Memo 022703 - Page 5 of 5 . .' -. Atta:cbme.nt .4A..l =-. c-e /' () (J ) / . Guidant Corporation Campus Maslec Plan Land Use Application - Description Request February 3, 2003 . Description of Request (supplement) 1) Guidant is requesting the approval of lite final plat of GUlDANT FIRST ADDmON and vacation of various utility and road easements along FernwoodA venue. 2) Guidant is requesting an amendment to its Campus Master Plan P.U.D. Theflut'pose of the amendment is to allow the re-orientatioo of Building L and Building K in onIer to create a more aesthetically pleasing future main arrival point fOl' the campus. Guidantis also requesting an illCrease in bUilding area of Building L from 108,000 square feet to 112,000 square feet. Initially, in the spring of 2002. Building L received site plan approval for 111.000 square feet. As a result of re-orienting buildings 'V and 'K' the following modifications will also be made to building 'M': a) reduce building area from 138.600 square feet to approximately 130.000 square feet, b).redurethe buihting footprint by 6.300 square feet. c) rotate the building 90 degrees. Refer to there'vised Campus Plan.dmwing submitted with this application. 3) Guidant is requesting site plan approval for Addition 'r. This project is a twO story, 54.000 square foot addition to existing buildings 'D' and 'E'. There will be a small mecbanicaJ penthouse above a portion of the second floor, The project will provide for research and office space. . 4) Guidant is requesting site plan approval for Building 'L', This project is a three story. 112,000 square foot building. k will be c~to existing building 'F but will be' considered a separate building by building code standiuds. There will bea mechanical penthouse above a portion of the thinl floor. This project will provide space for Guidant . employee trnining as well as a small number of visitilIgphysicians. . . Page I of I -"[ ." (e ~ A.',.t.t'-'a""',""'~"h-"-"""".," D' .'.'t..'-. 4" ,A,,", "2'" . '. . .c ,..m...e '-' '.'.-- iiIii ." - '.-' .- '. - .... . " ;. ',.... . '.' -' ..'- . '.' --.,~ .' ;< ,:, "., - ;- (. . .. ; . . ::0 ('D Vl :::r :::r 0. ('D ('D ('D ""\ ..... o _ :J Cl. g, i: (,.J Ul o Vl (") :::r 0' ('D ..... (b ('D ..... .Ul Ul 5' P "i ~~ ~~ ...: t1 !?,.... It f' o ~ 0' .i1 ~~ o~ H it t~ -" ~' . i g~ Ii' ,,~ r Ii' f !l. i l I ~ I~ . ~~ !l~ [ ! ~ J . ~ ~I ,~ ~ r ~~ ~~ l,~ I'" ~ a' 0' f~ ti ~~ :n$ f ~'a' a ~~ ~ 11 . ~ :~ U 0'1!. [~ I!. 0 ]~ h !f 't I" !l f l f~ ~ f !l. . ~ iI' r ~ 1 Ii' to a~ . . !r h ~~ L ~! 0'-. . 0'. ~~ e li ~~. Ii''' ~~ 'O~ ~~ t'~ ~ s' ~~ i'l 5 t" "f ~ a i r . , ~~ o ~~ a ~ ~ o ~ I ~ t ~ i j;' , a ,- <> g g. J;t i if' a ~t ~ 1 ~ crl ~ .~ " aq a g I h ~. ~ ~" l~ a. H an g'" -~ ,. ,', ..s- 00 ,.~ ~ ~l ~ ~" H iw ~f, [c .a~ Wg g'l :So "'~ .2~' ~~ , ,.~ ff ts n 1f I! .0 1~ ~I h 1~ .[ ~[ ~a ~2 g~ ~~ ;.~ ~~ ! g . ~ j I . 0' 1 I ~ ~ lj. Ii' & . f , 1 !i !i t! n 8'l $'l if af [~ l~ '~ !~ 'l ,~ lf .ij a~ ~ n ! i! r . ~h J. '::~ 1:11 ~l 1 co ~l i H j! .If ~. l~ 'll ;;.ll t: l2 ~= I ~~ .' ~ ~~ ~ ~J. f rl:l ~ If l' 'l- ~l iilS i:Ji' ", 'l l j:: if !1~ !- ~ .... i ,,'l J r r 0' ~ ~ t 1> ~ . t f , . ~ I ~ 'l ~~ i~ iJ ~ j' . ~ ~ [ ~ !1 r ! l' q. " f~ ,j' ~;. ,,~ ~,~ ~~ . ~ f! , 0 i:i~ l'J~ ~~ o- n i3 ...~ iI'!U ,. . 0" Vl~~r'1 ~~~ !! ao. ~ . .- ,>. 1Il',Cl:)" a -0 !<h: ,-;[. ~:~~ ~ a at ... il'lI'~ UH H~l S!rlS-lt ~a~_ .if !~ gl , ~ ~~ !1. "!. I!.-..~ o "!l~ !t~5'r'1 ~.!'~~ ~511a '[gg ~oQ.... .'~~ S:tQ,"2. ~"[9.. glg:~ ". [,1-;1 }s:;;-.... ~~, "'~$ ~r::1 "~ '.;; [~~ I" g'"~s: ~~~ ocrs ;r~' ~o-a llg ;;0' " . o '^ !;j~ 5 " ~ 0 ~l~ ~la E' 3.g i..~ . l~ ~ s: ~ :!: ....., ::!:J ~ ...., ~ ~ ~ ~ u W~ ~,~ ~ f ;? ~ " . ~ 1> ~ ~ ~ . '" ! ... ~ a ~ - ~ J ! i? j ! ~ .S ",So. ~ 89= ~ ~;;O. ~ 0"1;1 a. e~ i ii ~ I~~ ! h ~ ~; ~ ~~ ~~ s,1!. ..s' ~f I ~ ,,'l l~ "I Ii? I. ~ . 'il w~ ~~ ![ 'g ~ " rr ,~ If f~ t .9., o ~ . ~ ! ~ [ o o [ ~ . " ~ ~ " .. . . ~' it ~ il' i . ~ ~ ~ " ~~ f! 1- ~o ~~' -~ ill' ~~ g&.~ i ~~ I'\~ ~ U. ~* il r~ ?r f; " I!. 1 " o 1 ~ " I ~ 'l I ~ :5 ~ , & 1 8 ~ . I ~ " I .. I[ f ~l 1 9., if 'a. ; ! l . f ~ ~ ~ .. ' "' ~f ~[ r l & f r ,., ~ , ;;: ~ r ~ I }. ~ " ~ ~ .. a ! g ~ ! . ~ ~ , ;? i? , .~ r o i' [ [ f ::0 CD (/) ::r ::r 0. CD CD (1) "'I .,. 0 1\:1 ::l 0. 0 )> """" Ul '-' Ul 0 (/) (') ::r 0' CD .... ell CD .,. .Ul Ul S- f> . i I i'l If J.! l:Ji f; ~1 if ~ L . . 0 t i! H[ . l\' ~ lfft ~; ~~f ~ w ii Jit . !!;~ ~h It H ~ . N 5 lot of.s: 5' ~f~ a _ 0' It ~ .' I rff .. ! Is[ . (ff ~i; ..~ ,r 8 .. ~ i' iP: !!. .~h i i ~~. g,~! ;r ~r ~t ~;t ~ -3 Iff ~ ~ f[ ~l Ii ~ 01 t:.l . " ...- I ~Fh, 1? '" ~ Os..: , 1.\ Sol/Ill 1;11I ~f Ih. twth 6JS feet Df tll, rftf/ Holt of Ill. 01,,\ J ) ~~].~,\ ("'-...-. S'ol,/Ih_l Qllllrlw of S.etlon ::, roWMl'lfp Jo, Rong. 2J I" "" ", ISB9'41'J9'W i-, ' 190.00 / ~ I SB9'5J'44'W 1079.45 '-, '215,.8 ~ ~ \ . ~u --------------T. -, - ',1 Q V ,'.-'~l 1<'--1 i : . t(l'--l 1 j r ! i f.[ l:J~ i.~ )!ll !I l ~ ~ . I I t-I 1;;;1 ') ::: I ~ :1: l ...\ ... t. "i " \...1 ~ ~;~ ~~ I ~. I ! i I I I ~ I !'" ... : "f' I I · I I "1 I '1 :':: I... .... I;;: "\ I ~ :i:1 I . ,_. ~.ii~J. ri\ll iio$$.. t.... ~.... "'l.'" .' .vl,,' rr'~! I <5'''1 " .! i~1 1:1 ~ ----- __i_______ _ _________________________________l_____________ "'-:.l,I, "~:: I ...,'J 1.l'67.61i.f'I.\..u \ '" \ hI! ~~,"'/~': ''''j q-_' """,-_.", Un!tll!'9FOUlld lIleelfk OdMmMI , .~ c:;. per OllCIUIl.1I1 No. 2694JJl :'; 4? ~i!~ ~ .!#.If - '.1#'$ I Gl' '. ;:;",." I....'" t/r'ff~'f""j 1 ,n~ ~: ~ ... .,..... ~,~p '?,).'~ .~ :I,. ~I <5 I~"'.r/\I~ ~~ I. NII'f~~;' r ~ V;~,~fttt;.;tS"""'261.2J. I> Q ...__.l 4U ~ ----!!..'" -- ,-'_______________;._______________i____'J. .0 I SB9'4I'J9'W .>; ! IJ16,7J "...... ) \: i ~ ,I t;: - : ~ /' ~ .,) , . " " " ..'"~ . CUMMINGS PARK ~ DRIVE 1I'lJJ'(("!' ;--1----------------- j!::'" a ,e;.ll'l'lO ......., ! \ ./f~i ~ rj ...., ! i ,1 ....~...l l:1:J r-- r- o (') " I I 1 SI ~I o ..., I\J ~ g fi il :t ~ ~ 0\ I .._..~ 11-- :::\ ~:: I'f " ...:~,,~ II~. ~ i1 11 ~ · T::.l I ,,~ I II ...t 0,.''''"9_ rmd...... I 11J~ ~ VI/my tlmlftVl' \ "'\-, I __tJ___...!..o.e [_1 I I I I lijl I If~ 11 I ~f _.r ~f " t, f ~e' I Ilf ~.i 9J{ i: ~....."~ Jr/ I I \", 3 .: 'i ", ~ 8 -----------t----- .....~'; " ........ ';"'--"_ ....... ...~' 1 ... l..l..'l)!\': ~ '~\_ :~t..'/..~:..' - - - "-. so:-;;:~, -;;;:t H-;-:;th. Sollthllg,1 - - ~_. Quorlfl' gf SRI/Oil 22, rOIlifJ.hlp JO, Ikmg. 2J '" , I I . ... Ir.. I I~l 1\/1 I I.... '.,.... " , t,' . . I......'. , '.1 M ~. ", loa' ",,,...... . .................... '." "_" I" .", .. ..........., ...." . ~ c::: .... ~ 2: .., :!:J ~ ..., ~ o o ..... ~ o 2: ::0 ro (/) :r :r Cl. ro ro (I) .., '"t 0 (.,.j ::l Cl. 0 ~ .." (.,.j (/) 0 U) 1'1 -, ::r 0 (!) .... (!) ro ...,. !fl (/) 3' r . , i _1..J "''"[" ( /ii!;"/l' ' -, I I rd~ I.'.~ 06." :~. ".: :!: I':: --.J :=: 'h fLORA!. ", VUIVE hi '" ", '" ". 'h :~I ,-:' ", " '" ", ...l .;. ." :" fr: I :,: ::! ';. i.j / :.'_ ," '. - ~q ~ a: . i i" Hi /ij~! :1: / ~~J ~f / "~~f -.-1 ~~, \ r-, .c. ;,~ r ~ : / NO'rh 11M 0' 'h, Sor,tlh JO 11(1(.' lit ...~ 1M Nbl11t .... -.. ., 1M w.~ HoIf (... of 1M ~lIfhea.' Quo,t., 01 $.cflM 22, .'"." ! to'/H/$II;p.so. RQIl".2J i' ",-.7" N89'SJ'44"( . V / ".-' 280.J9 ":' .,i' /, ~ /.!--s:1/------Ti" !I! ,/ ~ ,0,~..,~/.y .! i~ .'. .t' / 1''' ,?X /, '01,,\ .,~~ '!t / f .}\~ / 4' :" '" '.:,' '" / j"~ 1,J/' 1 I ... /,,' "'I ~ ~ " / >If / .f I /./ /" \ / / ,'" /<. [ , ... / l;> I ... / I ,.....,,/ ' , 1 ~/ ,.,.. if: 1 \oV , " II 1 I "I r-- ' ! I ---~ j)" / 'i' .~ .,f.. / a \ ~ I: ~ : )/1)" . If... J I I I I ~ .'0 I ~ 8, Jx"" 4'J.: ,1:11 I ;';' OJ' / '>,. )r 8$;'" ~" kl, , .,) ,,<,.'. q . ,.... ,,~ .) 8::! ( <tV I I ;" ::; r / ....0: r; '',:, , J "-1-,\ \ I it, 'f' ,I I :~: ~!.t ,../ ~~ 7 r.... ...~--~~~.,,,.c \.. 't".'J.. \l!jL~1 }f ~ I J I hi .:. ~T I:' .~.......' .." ~ \\ <;.w,' ~~!P.~ V : '/ 11 /~ i". \\ ~<t;.... "')~~";,." \. .,';>~ 'l.~,~ I I / cb /j"l '! .~~...... l\ \<.:t.t...'S..,!,,~! \, # ,! / ':}~\ I ~<.<' .>.{~t,>t, ~'1. ~\ ~"~\~~\:~'l! #,,~ I Y I::J. I." 8,. \ -" ':\~.. n \\ 'fI0't, ..\ t..r ~'I~, - - -; Q A, / ~,\ <' ,'.-"..... \'I''?- ,.... ~\ \~ ~..\\~~~I I I S It":- q: I Ii. \ \~ ~- ~~ \ ~ ~'';t.~ 4 \~ l' I ~ I ""',"''' ~ .,I'.~ ,,'g,"W,' \".., I ~'rt \ ': "t- <\0 'IS.;. (': ......"....... 'a. .......:.:Jril.ttl Cv'~ / '*~ a ~..~ l' \~. ~ \ '\"l'~~;~"~~' G<1>; SU'JlI'.""" I 'Y.~ / ,~ ~ " ~ )" >.".p 0 l,~ \/ ~.~... ... pol"'" : 1$ j 'li'1 1"'" 't., /',,>', ",..i,., .. \ \~ ! >"....Jt"i6fiC --r-...J" I :I. -;. ~tt1 \ " .oJ... ~ ) ~ '; V ~"_'~' ~,,~ SBi"JB'I8'w I I, I ,.,;}> .~,.t~~,~il,<' ~~i'l#f '">!t:t,...._/~, I :~ I..... / /';0. i )'- ~ .. \ ..'........-'> " .::./t -.. '<::~ "" ,~ I III ~ tl~\ \ /..;0 \ ...."..."~';' 01 ~ ~~ I I 71/70':2T1':'-" _V' N~~1..., ~~r\lJ,J!.'>''''->),it.:::.:.:::.. 'T!!~!:'O:~""'- ~:......."m="'i-"";'; t Ii~ [ ~tf ~ $ouCh IIn. ", Itl. HottII 44 Oct.. 0/ I I / -.rl ~_.!h. We.t Holt ,,1 fII. Sout~ Qwtl" I I I-~~"'. I ~ ( " Seell/lll 22, rOwtWl/p so. Range RJ I I }-to ! I : ~ j: , / "~i,. ~\ : ~ I f~" I \ I I I . .,~ , '1 I t. 'I a I .:~ I , I- t ~ ~.. , ! 1& :> I ", ~ ~ I t '~ \1'1 i : I"l' '~~\i ... ~ I ~_.;t"""'1 s i fIt I': I~ V-~/"~ - : ,"'1 I I~.; I I \ ! !! '~ I "'" ' I I I I I I I ... , I I I I I I I I I .....,.. I , '. I I ....,.,.......\,. :, H ll't1 Q ---!-- 'j: , I II ! I : I : I J, , I l.~ I " ; I i I ... I ~ ;' I ~ / I 8 .. I n <____J . -..,., .. .', ii, IH . f ~s ~f:lS Il' ~ ~,. lO'F ~ ~ ii ~~ IJ~ ... li iir ~: Ni h ~d :~ ~ ~~' I~i ~ ~~ ICj, t. pi ~ ;~~:l . \;:_1 .., -.:. \ -'"" " .. 15 yl v~i:.;.l?"f l! j' >,,,,.," i" - I ~ ~ !$ ~, f l.~ ~5 I~ I " t. )0 f-IO '" I 1m s- I ":;!:ffi ~~: j I...., I"'''., " ' ,s .<- , ~) ,fo,' ,'" · I IQ~~",'1'" M.,)..$ );:-:y-,'.".,'~f . :'t-'!!.'" __ l =__ ___.Ju..5L___ ~ COUNty r'" H ;j II r.......... i I j r- I ~ ;r:. \ t , i) \. I' ~\ It \ \ ~ I ,_.~i;!;f:::! _..-.........-.;:T_-.- - ~ ~ ~ . ~ .~.}.. j ",.....~.-DrIllnou4 ofl.d Utllil,. e".um.,,1 ) jf .~~_ _I _ __ifO.QD ROAD . __1 F Hh'4 , , t: JJ.QD..<. I: \- S89'4I 'J9"W -r--- I ,. r.. r.. . -.- . .. ~ . , '..1 I 4' II I" 11\1 , I ~.. ,.... , I.... I , 1316.20 -r---- ., .....' Sou.!h Un. III Ihlt Wul INlt ulUI. Sour~1 Ch/Gtl., of S.c:lilln .22. fownlh/p JO. RflIttpt 2J ......... . ,.. ,.... , ,..11\1/1 ,~, .. I... " , , , " . ,. I.. ~.. '" ~ I '.'" ... '. '.' I. ~.. _ ..... &~ ~i '. ~~ i. ~I "'- ~~ h h l<~ ~~ t, ~- !E ~ ,... ~ 3 - .: "\ ~'" il . ~ c: S :s ~ -.., :!J ~ ...., ~ ~ ~ o :c: I: . . . Attachment 4A-3 . :::tJ en (/) :r :r C. C1l en ill '" .... 0 Vi :::l C. 0 > .... Ul Vi Ul 0 (/) C) :r 0' ill .... ill CD .... .Ul Ul S fl . . 0 t u ri' . ~i h ~ [~ s-~s: ~ ~~ :'-()I~ h g .~ ~ ~ ~ 0 - .. N ~'.Il Q'6""S: ~ 5' ~- J . I S; .~g ." ~ i:' ~li - . 8i!. : ~.- [ ~~. ~~i 'III _ii' ~ ~: ~ ~ ~- ~ ~ ~ / . Norlh 11M of UlI South JO ... of tIN North .'" lIQtu or 1M W..f ~, ("~.Q/ 1M S4ufJwlost QuDrttrof$totlOll 2R. rtl~lp 30, Rang, 1J I I ... o Rl fil ~ ~ . .::.~::' ~,-_.,J I .;:.'" /' / ~ /.- , , ",/ /~/-- 'Y ~ /./~ ' /" ,/ 'I' ~ ~ .~:' #' /. ~ l ~::,I ., / i"r.,'i,,~ l ,..~ '.t' j ~#' r , ~ ! / :~ - 'c$.' CO 1"1"'1 \ r-- . ------\ I;I>~ \ I I . ~ J) .~ ~ 0 <>., ~~ if<! ~I t L .J' -...... :;; ,/; -. ~~ A \ elf" fI I iNiJiAN OAr:;;) ;i; Iii .' <../. .' <~~ (~'Ir. (") ~ ~r'~Lf\~,1~ CiF/C!.i: i:= i1) .,. ;9 I ~ \~ "':' .... ~ \ ~~.n~ f. I I""""""'\... -- ,!i / ~ ,..: '. "'., 'Y-~.. >.N, 'l( I r:: j ).~ "lo: .~~, l\ "'l".,,~.:d' .,~ ' ~ ,,~ ;.\ .. ~\ \~~~ ILl }Ill.. ~ l ~i\ \ <".... .t'.t~\\. ,... "'i1''l ~ ~~~- - - -; ~ ~\\ <',./'"'-.... \,~ " ...."\ .l. \ -:: ~-v {'-...... \I!~ .4f[ ....\ \-. I I .., ,.\ '/.- ~...... ISII. i';~. .J.i>.. '!:. c,,~ ~~ 0 .~~, ~"t.. "\,' '~~'.~ <!':f, I "i1 .# , 1-... ;'13 C 'ai \, </~;'\~, tp"'" - I j' ~~. " ...-;'" ,.."\.. ~~\ '\.""e ! )---J-'"'iWr' I -:: ..... ". $'I!." \ , ,-'...... \,)')" "..---' ~~l ......,r. C!'.' ",~", '3""'~-"ii;;;~' ~ 'NI.!! "W.~"./t> ;;: t . / , ~,~ ,~)C~,(~~:-, ~~ ~>.!.7~~....., ~~~... ~~ ". I N89;P44 '7 _ ;-.,"'" ~~b'I{<r.c~",,~'......::>~J~._~._.____.!!!:1!l.!.L__~""l-'__!!!'!!!'--'" ---" ' - - ""1rn""- -y -- -r-- ~'- - - --. -! J!JutJ ~~:"'[ r wiorif..,i;w I f "".." I "j h I ~,! r:iHCi.f:" 7' ".; $: il'J : ' SauUlltflt 0' tlWtHoltll.of4 oun of I .1 lB .. [I --- ...tII. w.- Hul! Df the Sout"lJO.t Qwart.f -iU i'~ / ' :1 ' ---,---" ::: I ! I t i~ j;~ .j;' -J j / ' "'F~ l. -~,~\[; I ',. ~ 1'11~.~ I :;. "\ 1 . I ((' i ~ J -'~/"t ~.:. /....; Hi I f~!.(mAl. omVE: t:':' . (,.:., . " '.:- .... I ..... <,. ',' ." r" ", :,: <.. '-j Hi ".. C{ ?-;'~'iJ:,;;.. ~ ~ \"-'~'~~'."'"''''''''',, ........... i ..\ j 'j" i ;- ~ ! ~ l~l ': \ \ :,) ~7 '~. ,. Iii! t; / 04\ j / ~. .' / - \ \.; / _~i~t:::1 l " .0;,0_ ..' " r', .~. ',. " tr: t (- I . t ,,... , '..11'" I ~., 1/ "... " H ~j -, I t . t ..\J ",,'.~Oroirto,. tlfld UtDlty E..metl! :.. I~ ~- 12 ~~ !:: ~ ITi " ,/ ....;,~ , ,( ~ '" ~, ~,,,,. .. 8'\"1;' ","'l "'.... ....... - ._.7'mJ'J~~~ 0 F ,.. ;;; ". :1: 1 ,,,. If ':.:I.! t OOUNTY t S89"41'JS.W l:--- I 1J16.20 \. -;:; une-:;;;'Wu-;;; D' :;;'fh':- ---, QUQrl" Df Sectlllll 22, roWtllhlp JOt ~.2J " , . . " I ..., ,.- ,.~ I ~,~,.. ~~ ". I I. ~.... .." .. ,...r...-.-........ II' 4111 J" "\1 ,-....."", I.....' 9 'I rl ~f ~~ il j:ll ~ I~ l d ~ S i'l :J: ~ ~ ~ s: ~ :z ..., :!J ~ ..., ~ 8 ..... ~ ~ -- I: t ::lJ CD Vl ;;,- ;;,- Q. CD CD CD ""' ..... 0 N ::l Q. 0 6l -<, l>i (/) 0 Vl (') ;;,- 0' CD .... CD CD ..... (/) en 5" !' , I~ '. ~! ):Ii eoi to i~ I js~ ,... f[ I""- 0 ~ ~ 0 C') ~ ~ .., ~ ""l <3 ~ ~ ~ Ii!P "J. _'... !Jndc~roimd e1~~I"c ",",mll'nt ! r! p" /1;"""", ",. "''''' :W ilJ ~11 I . 0 ~f iJi ~ if ~ ~'I [s ~I:l" ~ W If, fi '~l Ff w 9- i!; r- . tll~ it I: "if ~ 3' . )ll ~; bf · ;;' ~ . H ~f 8 Hi ~ blli ~ ~"'[ [ I ;;; js~- ~~. ~~ '" (1 r ~ -~ ~ ~ ~~ ~, ~ ;~~ ~- , j:Il !Ie.... "'''' . i ~'t\\.,;f.> "'~ /S89"41'J9"W 1-" 190.00 I .. S89'5J'#"W CUMMINGS " I\) ~ IE 2 ~ "' . _______L____~___ L 0 I ,I- :: If . I-H-IO ,. ~. roo" 1 ~ r:: h ! II -l i II ~ I I) ",t Oro/n~ot and _.~ I .1 1# Q UU/ity llP!'It",1 i '\ \, .11 9 4 00 . : ! 8 r : I 5c:I1IUI UIl. of tlIf !iort/! BJ9 fHI of tho t'ut Holt 01 lire ..... ..... SOIl/MotI QuorW of Secl~ 22, TO"'lIMIlp Jo, ~ 2J 1079. I'" .." - ~ ~ . I ... I f--..I I~: r- : ~;~ I ~i[ I ::: fr "'1 ~ I.::: l:"~ i "i · . :;: I Jlt ~ '" . ~r I If ij: I ~~ i I ~ , I - I ~ "1 I rf ", I ~I .'., ". ~ ~;; ~~; I . ~'" ~. .t1111 .... "'~ i'l. ~)' ..11 J I //~ .~ ~ ...~ I f4f~ $mi~ I ;:;?/ ~... ~ ~..Y "~'" I )....,,; ;- J-~ .... is I ------- 'Iif IJ~1 I~~ ~ I I~~ ~ ~ .., ~~ ... V --I I I I PARK' DRIVE 121UI - ~' eo I ._ .- ..... f " ~"""~ 1 I i~) i ! j [ ........./ .... 1 ./''''''5i''"'' tfi'.;:.:;,--~I. /"", .'....., ,Nl.. il..~ ...~~.r/G '~'g '< . t ~s Nm"'4Q".)J ,,^>-~~'Jf.:t.i$ ,,, If. ;:0.:<( i __________--t-____ ,. ,~.; .. ..... # ......,--." ...,.. ~~' 1 ... ~..t..'t..I!'.': r \ _, :~t..'/..'.:J ------\------- " Soutft/fn.ofth"l:otlHoJfofl/l.$aIl~1 -.. QuorDr of S.ftllon 22, roWMh/p JO, Range 2J ~ .. "\ '" SBV41'J9"W l, '-<..,. ", \ ., ~' : , , J . if- i I ' ( 1:5........) , .' \../ ~ g , ". j~" j ".1'\111 ~..., " '10'" '.. , , " 12'1,2'" 'JI6;7J ~ F . ".,,.-... j (.1'" ''''"-, I.., ...10...... ",...,......,.."... , 111/111 j II 41\1 '-1""....... ",,, . ~ s: ~ 2! ...., :!J ~ ...., > 8 3 o 2: e . Attachment4A-4 . A:J (1) Vi :T :T 0.. (1) (1) (1) "'\ .... 0 N ::l 0.. 0 ~ .." (.,.j III 0 Vi () -, :T 0 (1) .... (1) (1) .... ,Ill III S- f) . . 0 t al I J.~ 0 'c 1.1 g ~lJ is ..!:l ~ iI' fi' ~~ ..;;<~ ii fft !; h~ - .. . N ~. ..t:r l S" ]IJ~~ If a - J. I t1 ~i ,~~ , , ., ~ If U~ [g' ~n 8 !l. .&l~ [ I ;;; ~,r ~i' ~;.J III if rJ: ~ ;;;3 fI~ ~ ~;. iIi ~ ...- ~tl~ ~ Ch": " i ~1,\ \'IJP 5011111 Ifn. "f th. Nottll lOP feet 01- tile Cuj Halt If /h. "''''\ . /..-.-- SlIuttrlCNll Ql/lIfter 01 s.ctIoII 22, Townlh/p JO. Rongt: IJ 4ul '" iS89'41'J9'W ' 1-'- 00 ' ~ (--l------~---~~~~----~-~---~--~-------~--~--~-------------Tt --1 ~J!."'I' _. _ \1 ~ Q Q ~~-"'-I ."" Y"" 1 ., : ""i \ r I , J' 1 1 ~ ~~ I ........~, 1iI I , i \ L 1 : ii~; j :" : Lj [ : I , I I I : i, 1 l:I:J, , 1 I . I r- I ~ : I~r i roo O. ! ~i 1 0 C') : .., 1 I ~ I ~ I !f I "-I ...... 1 I 1 1 f 'ii I ~ I ~1 1 0, I 1 , 1 1 1 ! 1 i ' , 1 , , , , 1 1 j I 8 I 1 1 I , 1 1 1 1 1 1 , 1 1 _ 1 . _L_____i___~____ (i ,f Ii J.~ ~i i~ 10 js' rI ~ ~ ~ a a ~ ~ ~ Ii ~ g . ~ e e ~ " J: ~ "' L 0', '. .- .' I 1 i L"U i I il ~ I [l 8 T: II i I;! I 1 ~t """"'.I' ",.C._ I 6~" Llti/J1f O"."..lIti '">-. ~l _ _ t _ ....__1 , , , s: -, .1 ,,\1 "" 1 1 , ~i 2, , I I ~-.-I. \ I r~'1 i . ~" ~~ ", t. ;;11 ) -:. loll, :;: if "i i' :i: I jsr '" fl ~I , ~ I\) I j 7; .. .\,._. ""..-.. ""trio ........t ftf ptr ~lJIlt No. 2694J31 Iii /0 ~~l .~~?",) #,....., ,~4~~ ,ij' ...."f...~ Ill,; N;''fI::''-'~\ . :.:; ~i~.,.as, .11'1.ZJ.. .."- ,)j _____,,1'. __ _________ 589'41'39 W , .( I , . , .. ~ , ;' '='! / (: : I ~ .,1 { '-"/ '........,.. I , I .ff ~: 67 ~I /,~/ ! /,/ ~: ~~;r Ii' il I - 1 ____~________ ___---L--:~' 1316.7J - 1 ~ ---------- , .. ,,.... I '.11\1" . ~, ., . I." 1. '0 ~~, .. . ... . 't ..... . ... ~.. t.. ~,'~.' :.:: : tot I j '"I I I r - - - i- --:...........:.-:.::.:: - - - - "'~ , SollVl 11M ~ If'Ie f'",t Holt tJf t/llll Soulhe".t -... QI,I,m"ol Seclfon 22, Tl)wn,^,p JO, ItlIn9lt.2J "I I r I '" , . " , . ,..,.-,.. , I_I M ~. ". ..., " .. ~ * .... . ...........-......... '11/1 It I 1/11\1 .-.........,. ..,,, . . ~ s: ~ ~ ...., ':!:J ~ ...., ~ ~ ::j o c: ~ Vl :r :r Q, (b (1) (1) ., .... e '-' :l Q, 0 ~ '"'" '-' (I) 0 (j) ('l -, :r e (1) .... (1) ~ .... (f) . :; fl 10 ~ ~ o 0 lli ~ ~ @ @ / NMl1 11M 01 M. SOuth JO~". of ,till' Hotfll .. a~ of !M W..! ~ . (Of lhe SollfhHn Quort.r of SHlron 22. .'~' / T(l~3O,FhlnO.2J . .:;~,' --7' N89'SJ'<<'r '.,,' / ,_ 280,J9 .... I' 1 ~ /'7r1 --- -1-' ,.I /_.... / \1/ . : &-10' /.1" / Y I .', ./ 1 ';'..#: / t : ,.e., , 1f~ ,..~Z/' I ,". d" f,,'tJ / I '.:,'" ,.f ","/ i 1 .., I.>' 1 i f,)1 "//~ /1 JI ~ 1 ,., -< r I /"'~ ./'0 - 1.+ .... / I I" .,,\t'",;/ I I / ~/ ~ I ~: \ / '"'" :~i' 1"'1 "'I ~ / r- : ~: I 1- - - - - ~ , ~ // 1 r !~i ~?>. /"/ 0 l" J I. 1<1 I r I L / --..., '':: i # / .....~... i:P1 ~,f Al: ;: : ~ r', ::: . b"" ~ "'~ !\~. -( "v I -I I IM!!AN n,.v:,,) '. :;: I/.I,;V, Pi; "",;>-!'9> 'J ":;1-'"<:, 1",./ I !II (.'!ii(.'U: ',. :,: ::: 'v~' r ..... '" '",."':r, \, \JJ,' oj v ~ : j I I I "'- -- m h1j"~/ ~"'>,:}~~:;~;'~!~.?-~... " \;\ ~\1~~\~( r! l // 4' I ,oJ \ ' ~ "'--:",1.::"., 1.\ ~.. >:,.\~ ,Jl.i "K I y. I y \1'\ <!' ~....... ~ ~ '\ \.~\ \'~\f1-rI-~ f-- 1 h,,'" / .' ~~\\ \,.... 't~ ,... ~~ .\. ~,\i~'~-j-?1':~~ I - ;: v q / ~,<:''1' ~ \~I'~ ~..A 'f;\ .. (~~iV : I . ~ / \., 1..- .;y.'--'- \\6" ~ r: ..,...~ '1:1\ '\ .:;Vr;;:k!- <,; / "\,~ a .~,~...... \:" ~ \ '(--....~~~, 'h. ,""r-W""ii'k I ~ / .#' 'li:\.. ~ >~,.l~ 0 'Uoi:j\,' ~!!!," ~ pf? : liE I I" ( /', ,!;, / ~ '-, \ ".'\. ~t\ <it6 I r..J.,-lO--,-'U I ?""~ f"" ttl',,, ,,/ ..~... \....)) (I> ... ..~.__) / a- se,J;~rw I I 1 ..",t .~.\,i1..~~:~-{ ~ ,..,lIh ,...~.... /~%~ : I II~ .... I 'O' "~~/r~'~ 'l>~'I&$' "'>;l:'-' ,,,. I . N89;SJ'44'E I ~~ ,( /" > ~ \:~ ;~::"',~.5Jc,{j,L::_-- ::'_!!!'l!:t!:,.,~~~...~,_,~!.<.!!._j.,JJt ,- '..,/"'.....1 ~~ ';;:'1:.,., ~- (s.&'iY.~ -r~ - T - - -- -: r I' I \; . <:> f; .f! \ J:l' I I' ., = Ii I \. Sollth /tIl. fJf th. NIlrt/t.4 Q'='Q Ilt I I I ~ / 0 r.. - ...th. WItt HG/( of till SlluflNnt OIIl1rlfr I r I F~'; i'll / ~' j 01 SKU" n, roo.."'. $D. ."" 2J l.l h I ~!. 1\ II : I i in : \ I : II . / ~ I \: I~ ~ Ii I II~ :~..\ JI[I : f: I I"~\ ....: 1: ..1... ,I I I :~I :~ ! I ~I f:''j,~1"r : I: I' 'I""~ Z) t 71 1 I; I 111 \ I I {j r I I 11 I I ,I I ~ III I I J I I I II L.,... I j I I II I II I II ".___. I t I -...... I II .......,. I t I . t 1 I _ ........~...\" l.f~ I,e 1" : Il n_ '11 I : I : ; t t \ I I : I I , I i: : "\ l) 1 : I 'I I ! I I / I \ ~ l I I / I I . / I I :5 I P' .....____J . . E;'iDE CiHC(.E .., '" ". '" .,. ... :"'/ .f.:. '" '. '" ,,' '" :t '" ", ," L ~),'~ ,4',:. .:' :':: t.. '.. ", :?: .., Hi t.. :.;0. ',. fti . o t N . I f '" I -:;} I ~-: I '. 0'1"'" I' 01,,\ lJ '" I H IH 0 is .~~ ~ V> g ~5' H" it a 8 f; :~~ ~:. 6'5' ~ Ill" ." ..~ 1" H ~ H ~i [ ~, ''It:\! . q tG'!' -.. (.j ~ ~l!. "\ a. ~ ~ I." ,.... ,.~'.J " ,"" 'ct. I I I I !! I :l '1~ .- '" .... ~f '" ~r ~ i~ II I 1 r ~ $89'41'39"1'1" I-- I -4------ \....,...SOUth Un. of fll.WttC tflll1 (II /h. $Ilufhell.t QuOrtar 01 ~ 22, rlllfnl/lfp JO, /fori,. 2J '" . , .. . .. ""'." . '..\I'l...". .....' .., ,..-.... .. ..........""<4"... /..' r"" I II "\1 , I.'." t . ...... , I J. ..,..,. I ,,,,It, .. .-.. t .... ----\ i ![ .~ " J.~ ;:Ii .~ if ~~ It ~ is ~ ~ . . C) s: ~ 2: ....., :!J ~ ....., ).. 8 3 ~ ~ ~ . . . Attachment 4A-5 . ~ ~HlLLS MEMORANDUM . nATJ!.: September 26,2002 TO: Planning Commission l?ROM: Aaron Parrish, Community Services Director Peter Hellegers, City Planner SUBJECT: Case #02-25 Guidant Corporation A. Preliminary Plat :B. Planned Unit Development Master Plan This report will explain some of the main points and the variations from the Zoning Code, . also, the recommended Planning Comlnission actions. Approval of the preliminary plat does not obligate the City to approve the Master Plan. The Preliminary Plat shOUld be considered as its own motion for this Planning Case (motion to reference Case #02-25A). The Master Plan should be considered as a separate motion for this Planning Case (motion tb reference Case #02-258). Request Guidant Corporation is requesting approval of three items: a preliminary plat, a planned unit development master plan, and a vacation of easement. The vacation of the easement does not require Commission approval and will therefore not be addressed in this report. Hcrekgrouitd m recent months, Guidant Corporation has been before the Planning Commission and City Council regarding their future and anticipated campus growth. Most recently, Guidant presented a concept planned unit development master plan for Commission and Council comment; presented the concept plan to residents; presented a preliminary plat proposal (withdrawn); conducted neighborhood meetings regarding the proposed concept planned unit development master plan; and presented a site plan and variance request to construct a 110,900 square foot training center. The training center was approved at the April 29, 2002 City Council meeting with conditions. . . . . Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 2 of 12 In an effort to work with area residents to address some of their issues regarding the Concept Plan, Guidant formed a neighborhood work group. The work group was comprised of: interested neighbors, the Arden Hills Community Services Director, two representatives from Guidant, consultants for Guidant, the Ramsey COUilty Engineer, and the Shoreview Community Development Director. The work group held five meetings between June and August of 2002, the minutes from those meetings were mailed to approximately 850 residents in the area around Guidant, and were al~o po.stedon the City of Arden Hills website. The result ofthe meetings is a neighborhood that was more informed and more involved in the planning process and a proPO$ed Master Plan which is more sensitive to the concerns of neighborhood resident$. Currently, Guidant is requesting a preliminary plat (#02-25A) to consolidate its existing Pllfcels into three parcels. While it is a sepllfat~action cQrn;ideJ,"ed by .the .City COUilcil, int~ to, Guidant's request for preliminary pll),t approval i~ the req~$t tQ VllclIte PQrtiorn; of FemwQod Avenue. Additionally, the preliminary plat dedicates the privateacc~ drive currently refeued to as Cummings Park Drive Ill> a City street. The applicant is also seekiQg a Planned Unit Development Master PIllU (#02.25B) to gui<,ie development on the campus over the next twenty yeap;. Th!'l MlI$t.er Plan will establish proposed locations for ne\V builf:jingsand p~g rllffiJls . and will inclllde Pf9po~ed phAAWg fOf n!;W construction. All th!'l new bllildings are proposed (in accordance with the Master Plan), the applicill1t will brillg in S~te.J?,~ t9l!MwS$ individual puildin.g i$~l!~. Surroundiol!: Area '"7.' . _. "-,,_.,, _ _ -_ _ . ,-_....,_ .. ~. ~ _ ~_~~" _ q ~ I~.-: ~ H>>' <_='-d~~"_ _,; :__~~'\_J~~d;:h _~_~~~:~~;I:.J'""_":~~: ~_ '-~>:~. u"'~ . North Sonth (across County F) East (Shoreview) Industrial I-I: Limited Industrial Office Industrial I-I: Limited Industrial Office I Utility N/A N/A N/A West I.ow)')~ity~~~1 R-I:Sjugl!ll'l!IUiIy R~~til!1 Sil)gle F'!lIlily Rtsilkmial Site Data ll1l!.ustriai Light Jndnstriall Office I-I: Limited tndUl!trial.l PUD Ov~rlay "92,78 acres (4,042,646 square feet) NlA Relatively flat, , Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 3 of 12 . Preliminarv Plat Review (#02-25A) 1. Lots. Lots I, 2, and 3 aU exceed code requirements in tenus of lot width, depth, and area. 2. Minimum Lot Area. The Zoning Ordinance in Section V, F, 2, states that the minimum lot area for lots in the I-I Limited mdustrial Zoning District shall be at least 30,000 square feet. All of the lots on the Preliminary Plat are significantly larger than the required 30,000 square feet. the numbers shown below were taken from the preliminary plat and include some property that is not counted in the total size of the campus because the property was lost to easements or dedications. Lots Lot I Lot 2 Lot 3 P..-ovided Lot Area 307,286 s uare feet 2,182,554 uare feet 1,558,494 s uare feet 2. Minimum Lot lYepth. The Zoning Ordinance in Section V, F, 3, states that the minimum lot depth in the I-I Limited Industrial Zoning District shall be at least 130 feet. The shallowest portions of all three lots significantly exceed .code requirements for minimum lot depth. . Lots Lot 1 Lot 2 Lot 3 R uired Lot De th 130 feet 130 feet 130 feet 3. MIuimum Lot Width. The Zoning Ordinance in Secti6n V, F, 3, states that the minimum lot width in the I-I Limited Industrial ZOning District shall be at least 100 feet. The narrowest portions of all three lots significantly exceed the requirements for minimum lot width. Lots Required Lot Width Provided Lot Width Lot 1 100 feet Significantly Exceeds Lot 2 100 feet Significantlv Exceeds Lot 3 100 feet Significantlv Exceeds . . . . , Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 4 of 12 4. Setbacks. All existing structure setbacks are maintained with the Pn:lposed cOlI$olidation. 5. Easements. City subdivision regulations require easements at least twelve (12) feet wide centered on lot Jines for utilities and shaU be dedicated tothe City. Addition~Uy, wetland and drainl!-ge easements are also provided on thl;) plat. Howey~r, it s!Wnld be notl;)d that the City will not ~l;) r~ibiJi.ty for maintenance of t!:les~lIfl;).a.s. Rattler, tIw easem~t \'fill al(o)\' apCl;)SS if it is eyer nece$ary to~ter the$e ~. .4\11 exi.stil:\g ntility easements that the City cwrentJy ~ will be m~intaiped. In conjunction with the pllll, the applicant Willlllso dedica,te for pnblic u.se thoSl;) llJ"l;)3S that currently ext~d into existing right-of-)\'ay and streets. More specifically, tlw proposed prelim. mlU'Y. . pia. t )\'ill dedicate to Ram1;ey C. . o..\W,ty.. . .t!w. p.o. rtioos... ofpf9pl;). rothat currently extend into Han:dine Avenue, CotWtyRolld F, ~Q. UexingtQt1 Aven~Jl, The enclosed plat highlightsl:asement areas to be dedica,ted. Finally, in reviewing the survey that the applicant submitted, it ClII)1e to staff s attention that the cwrent City trail off of HamUne A VenUl: running behind the houses off of Indian Oaks Circle is currently outside of the easemlmt <m;a and 00 GHi4lmt's prQpl:J:ty,.This is I~ed on the northwest portiOn ofthe sit(:. To resolve thisj~l!~,sl\!.f(ill P.~Qp.Q.si.i1g a tJ;<!il easement beprovilIed with lbl: proposed pI:l:linlinarypJIlI. .. . . ,. -, , .. . 6. Grading. It is not anticipated thllt any grading will occur in conj\ll1!.'ti()n with t!leplllt approval. Grading)\'iU be evalua. ted in conjun. ..c.tion with anyfUturedeveloPmlmt ofthl: , , - ' '- , . property. 7. Utilitillll. Since this is a cOI1S9lidation ofpf()perties, no additional utility devl:lQ~tnent will occur Qn the pf()Pl:l1y. Ilnhanced or expanded utilities on tile propl:l1y wiJ!be evaluated in conjunction with any fUt!.l(e development afthe Propl;)rty. Existing ntili.ty easements On thl: site are IIlJl.intained. Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 5 of 12 . 8. Access I Street Design. There are several access and street design issues associated with the preliminary plat. First, as previously mentioned, the plat contemplates the vacation of Femwood Avenue as a city street. While street vacations are not considered officially by the Planning Cornrnission, from an access perspective the vacation ofFemwood has significant implications for Guidant and adjacent property owners. The following map highlights adjacent property owners impacted by the vacation ofFenl.wood Avenue: ~ . . . . .. ~ To provide alternative access to the impacted properties to the north, the proposed plat dedicates the existing private access referred to on the plat as Cummings Park Drive · The installation of a traffic signal at the intersection of "Cnmmings Park Drive" and Lexington Avenue at Guidant's expense. To accommodate enhanced circulation for Guidant and adjacent property owners, the preliminary results of the traffic study indicated that a signalized intersection at Lexington Avenue would be appropriate. Based on discussions with Guidant, they are amenable to this. This would be constructed at Guidant's expense, and . ultimalely approved by Ramsey County. . . . Memo to Planning Commission Planning Case #02-25: Preliminary Plat 3Jld Master PI3Jl PUD Page 6 of 12 · Reco!lstructing "Cummiugs Park Drive" at Guidaut's expense iu accorda.nce . with plans and spedfications approved by the City E!lgin'leJ:. The City currently has standards for street reconstruction. After 3Jl evall.llj.tion of the private access drive by the City Et)gineer, It W3$ deternJjn~ 1ll3t thewvemeQ.t condition index (pCI) was within the threshold for stre(::t r!:90~tructi.Qn .A$ sllch, pOor to 4edi.ca.ting the street to the City, it will be n~!W,Q.'f(),\:'itJo'~ reconstructed in confonnance with pl3Jls 3Jld specifications llpproved by the City Engineer. Based on discussions with Guidant, ~ey l\fe.am!ll.1~JtHothis. To ensure that the above is appropriately accoutlted for and implemtmted,stat:fwould ~o rllCllnunenP incorporatingll. <J?nditiQ~l rt:quiring theexecutionof.vdevelopment agreement for developer installedpllblic. improvements. Finally, it will also be necessary for Guidant to provide a Pet"Jletwllll.Ccess easetl1ent for the Xcd ~ne.rwSl.l~l:l1tiQn. Xcel currently accesses thl; property lIom Fl;mwood on the sOl,lth via ll.nm>>wproved access drive. Xce} also has lot frontage On COutlty Road F. This <!.gJ:e<::mentw;w}d essentiallY allow them to maintain thl;ir existjng <!.ccess. 9. Park DedJ\:a,!iQA. SitJce the properties were never previollSly platted.;md the PreJinJ.imtry Plat calls fortne creation of 3 new parcels, parkd!$('-1lYQllia.required. A condition is included in the recommendation requiring Guidant to S;J.tisfY tm: pm de.diclltion .requirl;ment 3$ approved by the City Coutlcil. Recommendation In Planning Case #02-25A staff recommends approval of the preljmiqary plll.twith the following conditions: I. A trail easement being provided on the weste.m portion of the property in cQnjmtction with the final platting of the property. 2. The insl:l1llation of a traffic signalll.t the intersection of"CurnmingsPl!fk Drive" and Lexington Avenl.le at Guidant's expense. 3. Reconstructing "Cummings Park Drive" at Guidant's exp.ense in lI.l;COr$nce with pl3Jls and specifications approved by the City Engineer. 4. Execution of a development agreement for developer installed pl.lblicimprovemelltS. 5. Provision of an access easement to Xcel Energy. 6. Compliance with applicable provisions ofthe City Code ll.nd related ordillJ!t)ces. 7. Satisfaction {)f the park dedication.requiremeut 3$ approved by the city CQltncil. Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 7 of 12 . 3. Recommend denial with reasons for denial. If the City denies the petitioners request, " .. .it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. De-adline. [(lr Al!encv Actions With regard to subdivision applications, Minnesota State Statute 462.358 Subd. 3B indicates the following: A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality. unless an extension of the review period has been agreed to by the applicant. This particular application was received September 9, 2002. As a result, the application must receive a preliminary approval or denial by January 7, 2002. .Plaitned UtiitDeve/opment Master Plan Review (#02~251J) 1. BUilding Area I Floor Area Ratio The floor area ratio requirement for the 1-1 Limited Industrial District is 0.6. The . proposal shows a floor area ratio of 0.54. (Square Feet) 2,425,588 (%) 60% Max (Square Feet) . 2,187,893 (%) 54% 2. Lot Covered by Structure. It should be noted that the numbers for Lot Covered by Strocfu:te exceeded requirements because the Guidant MaSter Plan included figures fOl" both building and parking ramp area. The Arden Hills Zoning Code does not address the issue of whether parldng ramps should be included in those figures. Typically parking areas would not be counted in lot covered by structure figures and the plan would therefore meet the I-I Criteria. 3. Landscape Area The landscape area requirement for the I-I district states that a minimum of 35% of the . property should be kept as landscape area. The Guidant PUD Master Plan significantly . .6. . Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 8 of 12 exceeded the requirements for landscape area by having 53.3% of the property as landscape area. Much of that landscape area goes to serve as a buffer between the Guidant Campus and the surrounding residential properties, producing the additioU<lI benefit of a development with decreased visual impact on the residential neighbors. Another amenity provided by the extensive landscape area is the provision oftraiIsthat WOllld be open for the public to utilize. In conjunction with thepaJ:k dedipatjon requirement in the plat, staff is currently reviewing the possibility Cre{lfu!.g beUllf tie$ between the Guidal:1t trails to the City's c.urrent trail system. . S. Setbacks All new construction would remain within the elCisting <!l"ea w.d wowd, UQt ff1LlJi,re reductioll of setbacks. The Building Official has stated that the applic;mt snouIdCQ:n:tmlJ,e to mllintain a 60 fQ(lt clear around buildings J, D, E, aI1,d 1. Stp.ff.~ inclWlAAful$ <IS-a condition for approval of the Master Plan. . Phl!Sing Phasing of the proPQsej! campus improvements with the nece$Sa)."y tratliciJppmJ{~ . will be a criticafis~ue. After reviewing the Master Plw.PfQJXlsed.$;~ule' Qf improvements, staff met with Guidant representatives and has creatlef;l'<!c.revis~ schedule which should' better manage the impact of increalied tr~ffic (;fel!tftd 'bythegrowi,ng Guidant Campus. A revised phasing plan is aUached for yOur review. 7. Parking The Zoning Code requires that all office buildings provide a P<!l"kit1g: ratio oft stall per 250 square feet, and all manufacturing activities provide a ratio oflst;lll per 1,000sqjl;l(e feet. The table below shows a comparison of parking required by the Zoning CQd.e and the parking provided in the proposed Master Plan. In order for the appliCant torneet Jhe parking requirement there would need to be either a redu(;tiou in l;ll)IJs(;ape area or increalie in the height of the parking ramps. Neither option would be very desirable to the neighboring property owners and it is staff's determination that an altlill.l\lltive sollltiQn would be in the best interest of the City. Although the master plan shows a deficit of 653 parking spaces from the Zoning Code requirement, the benefit to the City is 653 less vehicles that will .be driving On ~a streets, which in turn mllY help ease any traffic issues in the area. The applicant has also been consulting Metro Commuter Services in efforts to reduce single occupant vehicles Memo to Planning Coll1IIlission Planning Case #02-25: Preliminary Plat and MaSter Plan PUD Page 9 of 12 and to promote alternative means of transportation. Staff would encourage the applicant to proVide more alternative transportation programs (van pooling, park and ride services, altemative shift schedules, etc.) for the applicant's employees in efforts to minimize any traffic issues. . The applicant made note that approximately 138,500 square feet of tllanufacturing area in Building F is leased from Guidant by a number of different companies. 7. lleight of IJuildiDgs The Concept Plan presented to the Planning Coll1IIlission at the January 2,2002 meeting included two 8-story buildings and two 8-story parking ramps. The proposed Master Plai1 F'UD has only one 8-story building (building K). and has no 8-story parking ramps. After receiving feedback on the COncept Plan from neighborltood work sessions, Guidant has attempted to create a more neighbor-friendly design by moving the taller structures to the southern and interior portions of the campus, and by locating several levels of parking . rilltIp below grade. The reSUlt is that the height of these buildings would have the most visual impact on the commercial property south of the campus on County Road F. Of the existing buildings 6 of the 7 are already above the maximum height criteria for the I-I Limited mdustrial District. In addition, the MaSter Plai1 shows 6 of the 8 proposed buildings or building additions and 5 of the 7 parking ramps would exceed the maximum height requirement. However, since the taller buildings and parking ramps have been planned for the southern portion of the campus the impact of their height should be ininimized. The tables below compare the existing buildings, proposed buildings, and proposed parking ramps, with the I-I maximum height criteria. Building A Buildin B Building C Buildin D Buildiu E Building F Building 0 (old Nestle pro erty 35' 35' 35' 35' 35' 35' 35' 57' 42' 42' 25' 45' 46' 40' . . . . Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master J'lan POO Page 10 ofl2 Buildin G 35' 45' 60' Buildin H 35' 60' 60' Addition I 35' 45' 30' Addition J 35' 45' 30' Building K 35' 135' 135' Buildin L 35' 45' 6i'. Buildin M 35' 135' 75' Building N 35' 105' 75' 1 . 2 3 4 5 Ram 6 Ram 7 35' 35' . 35' .35' 35' 35' 35' 40' . 50' . 51)' 80' 40' 50' 80' )/ 72 . Vz 1 2 2 2 2 30' . .4(}' .... .4{)' .40' .. 8. Fire protectiOIJ The Lake Johannlj, fire Inspector has sta.tedthat currently the fire D!:partment.dQes not have a slI\all enough Fire Truck to navigll,te parking nunps in the event of aveJlicle fire, The applicant will need to worlc with the Lake Johamia Fire Departmcntto make provisions in the parking ramps for fire protection; sprinklers, stand.pipes, or lj,. ~maller tanker fire truck. This would need to occur prior to parking ramps being constructed. 9. Traffic Generally speakipg, tt;l.ffic h.l!llbeell iql;IDtified lIeS. the prinwy iSSQe of concemrelative to this proposal. As previoll$ly lllillltiolled, lj, ph~ing pl;m the links bllildingconstroctioll to necess.ary traffic improvemellts has beeu deyeloped. Thi~ is atta.!:hed for yom- fllvieW. In addition, staff has had contact on a number of occasions with the Ramsey County Traffic Engineer relative to this proP9sal. He has indicated that he is in agreement with the phasing approach. Aside from Cummings Park Drive, it is anticipll,ted that necel>sary road improvements would be completed in conjunction with the Ramsey County Transportation Improvement Plan. Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page II of 12 10. Environmental Review . Guidant is currently in the process of completing the environmental review required under the Minnesota Environmental Policy Act (MEP A). At their September 9, 2002 meeting, the City Council adopted a resolution ordering the preparation of an Alternative Urban Areawide Review (AUAR) for the Guidant campus. The Council will consider a draft of the AUAR at their September 30, 2002 meeting. If approved, the AUAR would then be made available for public comment and distributed to various state agencies. A draft AUAR is attached for your reference. No Planiring Commission action is required on this item. .... 11. Issues Raised at Comnlnuity Workgroups Several other issues Were discussed at the community workgrouptneetings and those compromises have been reflected in the proposed Master Plan Planned Unit Development They include: light pollution on neighboring properties, traffic, access to Cutnmings Park, and the former Nestle property. A complete list of these issues is provided in the applicant's proposed Master Plan pages 9 through 11. 10. I>taillage and Utilities The City Engineer has identified additional infonnation that would be helpful to include . in the Drainage and Utility Plans. Please see the attached comments from the City Engineer. Staff has suggested a revised Drainage and Utility Plan as a condition of approval. Staff Recommendation In Planning Case #02-25B staff recommends approval of the Planned Unit Development Master Plan with the following conditions: 1. Approval of a PUD Permit and Development Agreement. 2. The phasing schedule follow the revised schedule proposed by staff. 3. An updated traffic study be completed at the conclusion of Phase I Development. 4. Approval of the Final Alternative Urban Areawide Review Mitigation Plan. 5. Submittal of a revised Drainage and Utility Plan as approved by the City Engineer. Outions 1. 2. 3. Recommend approval as submitted. Recommend approval with conditions. Recommend denial with reasons for denial. If the City denies the petitioners request, " . .. it must state in writing the reasons for the denial at the time it denies the request." Table for additional information. . 4. . . . . Memo to Planning Commission Planning Case #02-25: Preliminary Plat and Master Plan PUD Page 12 of 12 Deadline for At!:encv Actions The City of Arden Hills received the completed application for this request on September 9, 2002. Pursuantto Minnesota State Statue, the City must act on this request by November 8, 2002 (60 days), nnless the city provides the petitioner with written reasons for aI!.d additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 1. LQcation Map. ') yniutaltf ('..p]._n~~C!t~ J)~'l~ "1,8_.,OtM -E.Pnr.~~~.~_~,~]'_Prn~~~,.n.~_~'~'~fQJ?v!1~4.~~~<ul~_" .1 u-"~~"',1nLr!4.,bB~h~~l.c.. .' ...- ,-."-'",'..', .d. 'f't:-+ir-PI. Pt~t1lltl PI i~::-;P'~' Pl~t <:i,:n1:~:~ f.~u,. tJRJ~ 3. :Rl.l!l_9.....:tltftt~."'1~~~:..... ~'lt~-~A"eJl!.:iiil R_':':...-. '. . . G) (J) LL '-.- 0 0 0 ~ - 0 ~ 0 Z 0 lD 0 :::!: It) <D ~ 0 Z c o ..- Q. tI<<J 0:2 o --I o o o It) ~ z l/) is . . i .... -. . . Attachment4A-6 . -.. I ARDEN HILLS PLANNING COMMISSION - OCTOBER 2,2002 2 Staff reviewed their report dated September 26, 2002. Staff recortunended approval of the Artteilded Planned Uilit Developtnent of a Cub Foods and building addition to the . Shannoil Square Shopping Center with conditions as outlined in their report. Chair Sand invited applicant to make comment. Paul Tucci, oppidan, Inc., stated they were aSking for a variance for the setback to allow a relocation of the existing Now Bikes and Fitness operation. He updated the Commission on what the City Council had requested at the last Council meeting. Commissioner Zimmerman asked where the entrance would be to the Now Bikes and Fitness space, Mr. Tucci replied that the eiltraIlCe woi1ld be frotn the southwest front cotner of Shannoil Square. The proposed addition would be to the southwest comer at the rear of the shoppil1g center, creating additional space for the tenant. COmmissioner Zimmerman asked if it was true that they had removed the drive-thru portion of the phartnacy. Mr. Tucci replied Cub had reevaluated the drive-thru phartnacy and it tnade tnore sense to take it off for this store, which would increase the parking. Chait Sand asked if the ilame of Shannon Square would stay the Slinle. Mr. Tucci replied . forthetitne being it would remain the same. CliairSllrid invited the public to make cortunent. ~ 1076 Islandale (1) Avenue, Shoreview, expressed concem about the traffic issues with this development. . ChairSand closed the public hearing at 7: 13 p.m. Commissioner Zirtunerman tnoved, seconded by Cortunissionet Ricke, to approve Planning Case #02.26, oppidan, Inc. Planned Unit Developtnent Amendment with the following conditions and recoIiunendations: 1. The applicant negotiate an easeinent with the neighboring property owner for a Fire Access drive around the rear of the building. 2. The applicant construct and maintain an access drive around the rear of the buildil1g as per the Lake Johanna Fire mspector's approval. 3. All necessary building permils are approved by the Building Inspector prior to construction. The motion carried unanimously (5-0). PUBLIC HEARING - PLANNING CASE #02-25 - GUIDANT CORPORATION. 4100 RAMLINE AVENUE NORTH. PLANNED UNIT DEVELOPMENT MASTER PLAN . AND PRELIMARY PLAN . Chair Sand opened the Public Hearing at 7: 15 p.m. . " . ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002 3 . Staff reviewed theirrepQrtdated September 26, 2002 aIld recommended approval of tlIe preliminarypl;Uand planned unit master plan with conditions and reconunendatiol)S as outlined in their report. Chair Sand invited applicant to make conunent. Da.ve Reimer of Gui<btnt CorporatiQn, and Judd Bra,sch, architect, presented the proposed revised Master Gamws PI;tn. . -,. Mr, Brasch statcxltlIey 111ld worked with the neighborhQod regarding this coni;ernsancl thill nl{W pI!!>>, ad-dre!l8.e~tnJlU1Y9fthosecQl1cems,B;~ smtedtbey hMelimiJ\ated U3,000 sqP!\fe. feet Qf Q(tice SV,llCC aIlcl 452 parking spacll$, H-\l sta,ted tIuly ha..d 19were,d lmilding ~igh~ll.t thepe,rimeter oft1:le ~ite !lAd in<;reased heights at the center. He. stated..they l1ll4 decreased some of tlIe~tJ:\JCWe heights by placing some of tlw pmiQng ~ve~ below grade. . CQmmisSiQner ae.-:4ice~arriVed a,t 7:23 p.m. . Mi-.Brasch addressed the tmftic issues th!It had been bropght up. lJe noted they had pt"Qvi4edadditjqAAl. a!;Ce$~~an4. placed a tpI.ffli; cQ,ntt"QI devic.e at thein~ti(Jn to allow the resid.ents to get Onto the t"Qaq easUy. B;e st;lted GujdaI\t WQuld .rdmild CuQ:unings Par!\: {)rive (Guidant Drive North) prior to it being turned over tQ the City. With respect t9 the lighting issues, he stated t1Jey h;Id.. iJlso revi&e4 tJ:w. pl;m w;l)i.<;hwould allQW for spfficient lighting for safety, "Pt not ha,ve excess lig!1ting. lJe stated tlWY'Y!)':!]d be vac;lting Fern",Q9d AveIlye to. nlake it a CaIIlpus' drive/bl;l!llevar4. He stated they would he ruin-owing tIul street to reduce speed aIldthe residents WQq!.P still be a'* tQ ~e the t"Qad, except Monday through Friday 6:00 a.m. to 6:00p.m. fle indicated Gui4ant bad purchased the Nestle prQperty, and during the process Qf acquisitiQn of this Pf()P~y, tb.e 4() foot high ha,tch tower was remQved and some of the un!l&.ed biWUiUQII$ W<I$ tpm,ed intQ gr~ ~lli;e..lf,.erevil;Wl},d tJIp Gujl,W.nt's $.l\e!;Iuje <md in4U;!Ited~eyw~e OJ!, t:!:i!Ck. Chair Sll!1l;!aske4 when Gllidant was pI lIMing tQ.ma,k.etraffic imlm:lVem~n,tstoF~W99d, Avenpe. Mr. Parrish replied traffic improvements to Femwood AveUlle were. Qot a<J.,dres~in thepj1asing plaI\Qeg.\l$e FemwQ04 A v\Wlle wQl!Jd nQt be a pubJ,ic street once the prelimiulliypW; Wl!$ llilllroyed lJe indicated w,hat h",d been discussed W<I$ 1h3t Femwood Avenue would be maintajned in its current state until the training c.enter began COnstrui;tjQn a.nq men .l!1that time, sbortlyafter IRe inlProVliments tQ CUUlJl1in~Pl!lt Drive, FemwoQ4 w:ollld.l1e I)jIl"fQweddQWl\, but i.t might be <lPprop.riate tQ make thisQlle of the conditiQns. .' . . . . . '.' '.. .. . Mr. Brasch stated they hM not decided when they wQul4 be nwrowing FemwQQ<1, hilt it might be done around the same time as the training center construction. . Chair Sand ask:ed if Cummings Park: Drive would be done next year, if this was appt"Qved. Mr. Brasch replied that was correct. Chair Sand ask:ed at which phase Femwood Drive would be recontigwed. Mr. arall~h replied there were several issues that needed to be Mdress!ed inclpding elernica1 aIld water issues, but they WQuld not be restricting traffic Qn FemwoQd lffitil the ~ffi.c lights, > . ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002 4 etc. on Guidant Drive were in place. He indicated Femwood would probably be . reconstructed in phases; it would not happen all at once. Commissioner Ricke asked if they would need an updated traffic study at the end of Phase 2. Mr. Parrish replied they could do a traffic study at the end of each phase if the Cotnmission wanted, and this could be made as a condition. Cotnmissioner Ricke aSked if Guidant could build trails on the campus, instead of a monetary park dedication. Mr. Reimer replied there were some trails in place now, and they were considering adding additional trails on the campus. He stated they were working with staff and the Parks Department on this issue. Chair Sand invited the public to make comment Jim PaUle!, 1285 Wynd'est Court, stated he represented the neighborhood group that had worked with Guidanl. He stated his comments were essentially the same as he made at the recent neighborhood meeting. He stated the neighborhood gtoup waS made up of residents of the Wyncrest neighborhood. He iIidicated they had reCeived some criticism for the make up of the gtoup, but efforts were made to iIicludepeople in the surrounding neighborhoods. He stated they were originally concerned about traffic issues, building heights, the plan to vacate Fernwood and the notification requitemefits. He noted they felt the neighborhood meetings were very productive and they felt there had been significant compromises on Guidant's part. He outlined the major aecotnplishin.efits they had made with Guidant He stated at no time waS it the goalto stop the expansion plan, but rather to . have some say with Guidant on the exparision. He statMthe residents were also very concerned that the phaSing plan be watched andfolldwed very closely and that MnDOT, the County, and the City make sure that all of the ~tures were in place. Pat Krenn, 1230 Wyficrest Court, stated they really liked Guidantglitting rid of the 40- foot toWer on the Nestle property. He stated he hoPed this development did not stick up above the trees too much. He stated he liked what they did with the parking lot. He stated he would like to see the time changed for evening access to Fettl'Wood beginning at 5:30 p.m. instead of 6:00 p.m. He stated he liked the colmi1entto do a traffic stlIdy after each phase. Paul Stoddard, 1313 I{arth Lake Circle, agreed with the O'thet speakers and stated Guidant had been a good neighbOr, and even though he was not anxious to see the development take place, it was at least being done in a reasonable manner. He asked if the traffic study that had been done took into account the two new proposed entrances along County Road F and asked if they would have some type of traffic control at County Road F and Hamline. Mr. Parrish replied that was an improvement they had been talking about with the County. Mr. Reimer replied the new entrances were induded in the traffic study. Bill Franke, 1228 Wynridge Drive, stated thiswas not turning out quite as he expected. . With respect to the Master Plan, he felt very comfortable to where the Master Plan had gone. However, Guidant was asking the City to make decisions about things without a Development Agteement He asked why that had not been discussed with the Conunission. He stated he did not oppose the Master Plan, but he wanted to know that the ~ * "' ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002 5 . appr9priate mile&tones were in place. He stated there were other matters to be addressed such as whether or not the AUAR came in on a satisfactory basis as well as a nJmlber of things regarding the AUAR that would need to be addres.sed. He stated he was COmfortable with the PUD provided there was a Development Agreement pr!l,Sented SOm\lWne in the near future and prior to the Council meeting at the end 9fthem9!,ltb. H\l stated his greater concem was where they were he~ng with the preljminary plat. He stated the preliminary plat did not look anything like the Master Plan. He stated the preliminary plat was subject to reconstruction of Cummings Park Drive andim>tallation of t,raffic lighl$. I:J\l w;kl;l(l if Ferpwood Aven\le Was pr9p.os~ to be vll.Cat~wjth this preJimiJ,lary plat, H~$lte4 hill real COncem Was where wen: they going with the prelimiJ,1ary plat.' . Mr. Reimer replil;l(l the traffic light would be instalW1 atCll!lt11lil\gll Driveiu 2j)Q3. Mr. Franke as.ke4 alxl.\lt Lexin~9n Avenue. Mr. Brasch repljedthey bl\<1 nl,) cOJ:l,trolov\lr Lexin~9J). AVenue. Mr. P~llh replil;lj:1 the City C<>W\cil would approve the Developmeut A~t, the final AUAR, l!lld .FiMl' Plat. lJe staW<l the COll)Il)is.siQIl wO\lld .notC9Wlidt:r th~. .He stated the City wouldbilVea fOl1l\al process to vacate tbe ~eml;ltlt on. Femwoo9;'\venue andth\lIe were v:w.9\lS Slale laws that gov\lmed thi.ll. He lllat\l4 the ~lawring GQmmiS!lion would need to mak\la determination with the easement that it. wQS Cl)llsistentwith. the 'City;s(;ompr\l~~~iv~ PI,m.Withrespect to t4\lp\lve'opw.entA~~~t,iJieCity . C<>llnCil ultiw/.tely needed. t9 approve thl;It, I;u thisim>t;w.<<e, th\lg~ P@9ti~ihM ~.. thl;It they d9.not.dl,)'l)evelopment Agre.emenl$ on the ftpl,\t.en~t.H\l s.WedthepQ\lli!? comd' . s~fu\l DeveJQPlIletlt ..I\gre.ement pripr to it being appI9ve4by C,QWll:il if tJJ,IlY:w:mted. Mr. Fr@,ke stated the City shQuldnot vacate FemwoodA~enue QrapPI9ve thepiat \lntjl Gui~tlme1.V wb..e,(e.th\lY were go;>ing. He Slatl;l(lthe .Rrp.<;es.swQS~ll.C~l!fd.~e.He . indicat.l;l(l1i!1 of the iliSues ue.eded to \>e ad4rellseo. bd"prethe PIlJI. wasllflPl"OveQor F'emwQod Aveuue wl!ll vacated. He noted the enviro!1lMnlal'~dy. n.ee~ to;>\]l; cQmplele4. He sta~4e li1\li'dtJie PUD, bQt the PfQce$S WllS fr1ll;~ ;mdt9,eyii~!ldtQ SPend mOre time fo.c,using on.the details. Sharon KlJmlpp, 1278 W}'l.1crest Lane, stated the neighborhood committee tUllil;fStqgd a lQt of the .det;lils reg<!I"ding traffic. She asked if they. went forw<!I"dwith. apptl:lvals that were COi)tingent Ilppn theCo\lllcil's approval of theDevcl9Pmen~ Agr~~\,ctc. $h; state4'she WP\lld fe{ll be.tter if this W!lll approved contiJ,lgent upon a,ppmval9fthe J)evelopment Agreement and the AUAR. Mr. Parrillh replied il ba,d been thepl"llCtice Qf the City that coJ1.diti9ns were usMlIy added. In tertm1 of the DevelQprnent Agreement, that Wl!Il stan4ard pqlctice apd if the applicatioll was approved, it Was SOrnethingthat Was approved by the City CO\lllcil. He observed that one of the main iSl;qes of con!:l;lJ"Il was the proposed phasing plan. Mr. Parrish stated thaI the phasing plan would be im:lmled !Ill a condition of the pup, the Development Agre.emeut,WlQ the. AlJA,R miti.g~tiQn plWl, . RQSs Be~ch, 441.9 Amble Circle, stated he was CQnl;eqll;l(l@Qut1;he t,raffic, ~..min~upon Lexin,gton. He stated he lived in the Km1b La.lce s\lhdlvi$ion apd everyQlle Wls.t31killg about what was going on in the west and north side, butnpt on the e:mt., lJe,stJI,tOO bis location off of Karth J:.ake was locked in. He noted they only had. twp QltU,ets onto Lexington Avenue and traffic there was difficult at this time and it appe::u;e4 tobiro that <. . ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002 6 there would be a lot more traffic coming down on Lexington once the Guidant campus . development begarL He stated he did not feel as comfortable with this proposal as the other neighbors were. He asked how much more traffic would this development add to Lexington Avenue. He indicated, with the proposed vacation of Femwood Drive, this would add to the traffic on Lexington Avenue. He stated he did not believe that Cummings Park Drive was a good spot for a traffic control light. He asked what was going to be done in the future for the residents of Karth Lake to be able to get out onto Lexington Avenue. Chair Sand closed the Public Hearing at 8:28 p.m. Comtnissioner Ricke moved, seconded by Commissioner Zimniennan, to approve Planning Case #02-25A, preliminary plat, with the following recommendations and conditions: I. A trail easement being provided on the west portion of the property in conjunction with the final platting of the property. 2. The installation of a traffic signal at the intersection of "Cummings Park Drive" and Lexington A venue at Guidant's expense. 3. Reconstructing "Cummings Park Drive" at Guidant's expense in accordance with plans and specifications approved by the City Engineer. 4. EXecution of a development agreement for developer installed public improvements. . 5. provision of an access agreement to Xcel Energy. 6. Compliance with applicable provisions of the City Code and related ordinances. 7. Satisfaction of a park dedication requirement as approved by the City Council. The motion carried unanimously (6-0). Comtnissioner Ricke moved, seconded by Commissioner Zimmerman, to approve Planning Case #02-25B, Planned Unit Development Master Plan, with the following recomtnendations and conditions: I. Approval of a PUD Permit and Development Agreement. 2. The phasing schedule follow the revised schedule proposed by staff. 3. An updated traffic study to be completed at the conclusion of Phase I and at the conclusion of Phase II Development. . 4. Approval of the Final Altemative Urban Areawide Review Mitigation Plan. 5. Submittal of a revised Drainage and Utility Plan as approved by the City Engineer. . ARDEN HILLS PLANNING COMMISSION - OCTOBER 2, 2002 J :iii t:f1 7 . The motion carried UlJ!lUimously (6-0). Cluur Sarid thanked all of the residents and Guidant for working together on this 4evelopw,ent. UNFINISHED AND NE\V~U~INESS . . None. REPORTS A.Pbmn~~ C~mm.~si9.nl1rs There were no COIIlIDi~sioner reports. Q. StlJ,(f Mr. Parrish updated the Commission on the recent decisions of the City Council. c. COlWcil Member ,Council MemberAlllikRwilki. ~tated wifuin the ne;x:t,C91!P1e, ofroQu~, Ute ColJ1IDills,ioll . would receive nQtiti,~Qn' fr9m Mr.Papi&h flIllMgw\leth~" Q~,pptU1ey w<mt134 tp pll!1i<:ip<U:e on tJw PllUlAi~gCowmi$l;lion for ne;x:t yeM: ~he ~thatCQ1.lJ!,c;il wq!lidnQt . be $\:)eGl:Wg .a newc;p!l1Jni,~siouertQ t1ij. Mr .I,eWbefg' s 3pJWintm.eut Il!lW:the endpfthe year. . ADJOURNMENT <;:o~I;l~Qner Ricke moved, ~eq)JI,ded by COIIlIDission,er ~zdicek to adjoW"D the. meefingat 8:38p.m. The motion carried unanimously (6-0). . ",,",... '. . . Attacbment4A...7 . -"f , t ...." ~ ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 12, 2002 3 . c. 2002 2nd Payment Sewer and Watermain Rehabilitation Project: Visu- Sewer Clean & Seal d. Resolution No. 02-58: Approving the 2002 Technology Master Plan MOTION: Council Member Larson moved and Council Member Grant seconded a motion to ap}>rove the Consent Calendar and authorize execution of all necessary documents contained theteil1. The motion carried unanimously (5-0). 4. P.tmLlC lNOtJ1RIESIINFORMATIONAL Mayor Probst invited any }>ublic cotnnIents that were not on the agenda. Pat Kreon. J230 Wvncrest Court, stated after the City stopped pumping Karth Lake, Ms. Jacobsen's basement had dried up. He stated his yard had also dried up and Karth Lake was going down at the present time. . 5. P'tJattc lIEAlUNOS .... '- ,< ,. . . . None. 6. COMMUNITY SERVICES A. rrlilifiillg Case No~ 02-25: Gttidant Preliminary plat and PlID Mr. Parrish explained Guidant was requesting approval of two items: A PteliIfiinary Plat and a Planned Unit Development. MasterPlan. He stated the Plannin:g Commission recOtnnIended approval of the Preliminary Plat with conditions as noted in the staff's November 6,2002 report. l)aveReimer. Guidaot Corporation, sununarized the neighborhood work group process. Judd Brasch. RSP. reviewed the PUD site plan, building heights and site density, Ilght pollution from the parking ramps, traffic levels on Guidant I:>rive North, residents' access to Cummings Park, Guidant Campus Aesthetics and the proposed .. schedule. l'-'W . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 12,2002 l. \1 H) 4 Council Member Rem requested the information presented. tonight be placed on the City's website. Jim Paulet. 1285 WyncrestCourt. stated he represented the neighborhood grollP that wQrkeq 'Vitn'qlJ,i,~t. lieinWGated the neighl:lQ!.'ho~ gfQ,\Ul' ,c!:\~st@4 Qf residents of the WYlU:rest Neigh,borhooq, which is IQCate.d 4irectly north of th~ . GuiqalltProperty. .1J~ statedthl;: gro.up hadco'me to,getherafulrattendilIg the o.p.el). meeting held oDMJu"ch7, 4()04, w~n Guidap.twweilecl their campus pl:w. At that time, they had IlUUly co.ncernsthai included traffic, building heightll, location o.fFemwo.od, ancl the no.tificati9u requirelll,ents that were hlcph~% tl~ stat~thl}X had requested and Guidant agreed to.tneet with the neighbo.rhood: H,e stateq oVer the summerth,ey hel<;l five meetings, which they felt were very productive. ..J;hl.. noted Guidant waswiUing to. listen and respond. He indicated the resulting compromises werC?signiticant :wd was something hoth Gui<lant and n,eighbms, could live wi~h... He.reqyested. a co.py of the AUARstl1dy. . , -- - '.- . Pat Krenn~1230 Wvncrest Court stated based on the past experi.ence,he req1ie~ted. that 'stonn wat~r runnmgfrom the Guidant prope.rty l}O,t ~~~ne4 int~,. Karth Lake. . . . .. Ed Robinson. 1370 Colleen Avenue, stated his concern was how tros pl'o.PQsal -,-._..... ---.".... .- .-.....- ''''- ~""""-'.- _.":,.,'-~'-":,<",,.~-,.-,..-,,,.--,.. :'..-..-.......- .. was going to impact t;I:<.\t'6c in the City. He noted Guidllnt was.aneXfell#n.t neighbor and he dj4 not Wallt to. oppose the expansion, but he did have a conc;ero regarding the rQa~potbeing llb.le to. handle the increase iIl1;rafqc. .l:l;e..no~I1l..~~, were no proposals for bUs stops, park and ride areas, or bus shdters. Hes1'<tt~,4 Guidant was not. el1cow:;aging their employees to car pool or takepublict;r;ms.~ which hebelie~eQ,woWHi~cted tht< City with severe congestion overtime.ij;e stated the ZO'lWJ;;G9d~s <ijd not relatt< to the kind of con&estion proble,w.s the-yo were facingaf this. hme. Ue asked if Gui<lant could avoid spt<n4ing sO~Q.f~ mo.ney they were propQsing to spend on parking ramps and instead, work with the MetropQlitan Copncilto enCQmage their employees to uSe pnblic transit. lie a::!k,..ttd if the City would be better o.ff by accommodating Guidant, with respect to ~.. traffic. Gene Scales. 4136. J~mes Circle. asked if the AUAR comments co~Mp,e extended a couple' of d,ays. ' .. . ,;.,.., l ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 12, 2002 5 . Mayo[ Probst replied if the comments came in the next day or two, they would not be rejected. Mr. Parrish noted if the Council wanted to extend the 30 day deadline, they could do so. lS:It.,Reimer replied they would accept comments concerning the AUAR through Friday, November 15,2002. Mr. Seales stated he lived in the neighborhood for over 30 years and he had a c<Jncern regarding the traffic. He stated he believe the numbers on the traffic study were understated. He expressed concern about the traffic on Hamline Avenue and cotnmentedthat acceSS to Hamline Avenue was already diffiCult at tliistime. He indicated Guidant was a good neighbor and should be entitled to do what they wanted, but Guidant'sproperty was bounded to the west and north by si'r'rgle family homes and those neighbors had some rights also. He noted Guidant had done a good job with the Master Plan, but he believed there were other alternatives that had not been explored. He believed the City Council and the Plannifig Cdmmission members should have attended the neighborhood meetings. Fie noted the group to the weSt had submitted a petitiOn regarding a traffic signal .andcOl1unents to the Council, but they had not received a response. . 'Mts.Jnd\i" Ftank~1228. Wvntid2e Drive. thanked Guidant for working with the neighbors. She noted Guidant was very approachable if people had any questions. She noted there were still problems, including traffic, but Guidant was taking this step by step. .. tat Ktenn, asked if the City could update the Codes to include bicycle paths and ttailSfoencoutage pe6ple to ride their bikes to work. He requested bicycle racks als6 be added t6 the G1.lidant campus. MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve Planning Case No. 02-25: Guidant Preliminary Plat and final PUD with conditions as outlined in the staffs November 6, 2002 report, revising recommendation number three to read, "An updated traffic study and parking capacity review be completed at the conclusion of Phase I development". . . ...: . . A .It<: I'"' ARDEN HlLLS REGULAR CITY COUNClL MEETJNG MlliUTES NOVEMBER 12, 2002 ..6 Counci~ i Member Grant reque~ted the parking capa<:ities ~ tj:ack:ed ",itbtlw pr(ljectionsang how itre1ated to the traffic study. . Mr. Reimer replied they constantly monitored the parking and would continue to dP~O. The motion carried unanimously (5-0). Jl. Pl=-nQing Cas~,No.I)l~3.0: Nels(mPlJD E~tens,io,.. . . . ,- - . Mr.'P~)) eJ!:.plain<.:d the (:;Ol,l11cil had ~revipU&lyapRfl,lYeg,a.Pl~eQ,.;U...}i!;i~ Pev~lopPWlt fQr3130Clev<.:land J\veu.ueat theirlk.~emb" lQ,iQ91oo~~g; ",hie)) . 'allQweg for.' ,an .8,90()~qu~ foot office . b~ilQU\g1.. Siul<Fit .w~.." ~t an~ipated tj:J.at cQnstr!lction wowdbegjn before Oecero~l,' lQ,2QOZ.,tMal'lpli,p.1!~t WasieqQestin~~sixmQJltPexJension. .... .' . .'. . "".> .,. '." ..... . . ,- ~., . "...~O'I.lQN:~9JJ8dl, M~~~F4~QJ) ...moved ~/~~lJ~~~i . . '~J1,W!;~w~. ~e.c~Q~d'!lmp~9l.l tO~PflfP'fe~l~~~~iq~j~~ . Q,l~~Q; Nelspl.l. ROO .' EJ!:.teQ~Qn, . . .~.,' ~~.;~~~~ unanhnously (5-0). . 7. QJ:J!:~,*~foJ~.~~N.~~E. ~<: ' ,:'" :J' " A. ~R~oluti(..iN9. OZ-59: Rel;eivin,gtbe Feasibility Stu,dy9fK~wtlth;$e lJ:ast and lngerson NeigbbQrbo<Ut$ 2003 PMP . ,~ , Mr- ~(oWlleXpl~e4'$e COllllvU h~,~orimd theprep,~~qpQJ..ft~~!bjli,ty report for the 2003 Pavement Management PrQgrmnoQ. Sl;Rtew.bAel'~Q,,~,2("!'P~ 2003 PMP included the Karth Lake East and the Ingerson ne~gllQprh9ods. ae S,t;iteQ ti}e 200J\lUdgllt 'llso inclw;led.tlieseal cQ<lting oftb~ l1ejM~!,):Ioo4b()und by :ijigl,1way9R,lJa,mJ.in~ Avenue, Hi~\Vay 10 and 1,694, He state,d th.eWorkwas not propoll~d to 'lw' &S~esse<l,. and. residents of the se<41 coating neighborhPods had not been <UrectlyiJ,lf9IlI\ed Qf the project to date. The s\':l;}l cl,)ating work would be dQn~ Ull4era seJ>ro:at~ contra,ct fr()I1l the WOr!.<: inclwled in tPi~f~.sibiUo/.l.'l}p!Ul: council Member Rem requested the City. Engineer develppsoroe otner.Qptiol1S regarding the Femwood area. . ... .. j, . . Attachment 6Aiii-3 . ,.... . MINUTES CITY OF ARDEN IDLLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, MARCH 5, 2003 7:00 P.M. - ARDEN HILLS CITY HALL . CALL TO ORDER Chair Sand called the meeting to order at 7:04 p.m. ROLL CALL Present were Commissioners Ken Bezdicek, Elizabeth Modesette, Megan Ricke, Cathy Smithknecht, Clayton Zimmerman, and Chair David Sand. Absent: Commissioner Clayton Larson. Also present were Council Members Gregg Larson, Lois Rem, and Brenda Holden, mterim City Administrator/Director of Community Services Aaron Parrish, City Planner Peter Hellegers, and Recording Secretary Kathleen Altman. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON JANUARY 8. 2003. Commissioner Zinunerman requested the following changes: Page 3, 4111 paragraph, . should read: "Commissioner Modesette asked if it was possible to put some kind of a pork chop there to make i1 impossible to make a left turn." Commissioner Zimmerman moved, seconded by Commissioner Ricke to approve the January 8, 2003 minutes as amended. The motion carried unanimously (6-0). PUBLIC HEARINGS PLANNING CASE #03-04 - GUlDANT. 4100 NORTH HAMLINE AVENUE. FINAL PLAT Chair Sand opened the public hearing at 7:05 p.m. Staff stated applicants were requesting Final Plat approval to create two lots zoned 1-1 Limited mdustrial, from six lots zoned I-I Limited mdustrial. Staff recommended . approval of the final plat with conditions as noted in their February 27,2003 staff report. Commission Zinunerman asked ifFemwood was the dividing line between Lot I and Lot 2 as it existed today. Mr. Hellegers replied Fernwood currently divides three lots to the east and three lots to the west. With the new configuration, Femwood would separate part of Lot I from Lot 2. Chair Sand invited anyone for or against the Final Plat approval to speak. . .. '... .. . e e B. ARDEN HILLS PLANNING COMMISSION - MARCH 5, 2003 2 Joe Freking, 1131 Amble Drive, asked what happened after this step. Chair Sand explained the four parts the Commission was being asked to approve tonight. Mr. Freking asked if they were past the point of addressing traffic impact. Chair Sand replied Mr. Freking could bring up traffic impact at any time, but it might be more appropriate to wait for item 2. There were no further comments made for or against the Final Plat. Chair Sand closed the public hearing at 7: I 5 p.m. Commissioner Zimmerman moved, seconded by Commissioner Smithknecht to approve Planning Case #03-04, Guidant Final Plat, 4100 North Hamline Avenue with the following conditions and recommendations: I. Execution of a development agreement prior to signing the final plat. 2. Provision of an access easement to Excel Energy prior to signing the final plat. 3. Compliance with applicable provisions to the City Code and related ordinances. The motion carried unanimously (6-0). PLANNING CASE 03-05: GUIDANT. 4100 NORTH HAMLlNE AVENUE. MASTER PLAN PUD AMENDMENT Chair Sand opened the public hearing at 7:16 p.m. Staff stated applicants were requesting approval of an amendment to the previously approved Master Plan Planned unit Development. Staff recommended approval of the Planned Unit Development Master Plan Amendment with conditions as outlined in their February 27, 2003 report. Mr. Hellegers noted staff had received a letter from Sandra Larson, 4409 Arden View Court, expressing her concern regarding traffic flow. Chair Sand invited anyone for or against the Master Plan PUD Amendment approval to speak. Joe Freking, 1131 Amble Drive, expressed his concern about traffic coming onto Guidant North. He asked how many cars would be exiting and entering the campus during rush hours. He asked what the traffic study said regarding traffic. He noted trying to channel the traffic out of the north of the property will create additional backup of traffic. Linda Amble, 219 Amble Road, expressed concern about traffic at County Road F and Hamline. She asked how they could move up the plans, instead of waiting 12 years. Mr. Parrish replied this has been a long-term issue. The challenge they had was dealing with both the State and County. He noted that the County had indicated they were willing to put in some type of a traffic control in that area, but the State had long-term plans for that area. He indicated if this intersection would qualify as a hazardous intersection, the State . . . ~ EN HILLS MEMORANDUM DATE: June 30, 2003 Agenda Item 6.B TO: Mayor and City Council Pe<~ H,lIog=, City Pl=@ Case #03-14 KTJ Limited Partnership Seventy-Nine 3673 Lexington Avenue North (Shannon Square) PUD Amendment FROM: SUBJECT: Requested Actiou The applicant is requesting an amendment to the approved Planned Unit Development to allow for an addition of3,600 square feet. Planuinl! Commission Recommendation In Planning Case #03-14 the Planning Commission is recommending approval of the PUD Amendment with the following conditions: 1. All necessary applications for building permits shall be filed with the City Building Official for approval prior to issuance of a building permit. Detailed final grading, utility, drainage, and erosion control plans shall be submitted to the City Engineer for approval prior to issuance of a building permit. Any loading areas for the proposed retail addition shall be shown on the final site plan and shall be filed with the City Planner for approval prior to issuance of a building permit. 2. 3. PC #03-14- CC Memo 06/3012003 - Page 1 of2 4. A detailed planting schedule shall be filed with the City Planner for approval prior to the issuance of a certificate of occupancy. All necessary applications for signage permits shall be filed with the City Planner. Any applicable permits shall be filed with Ramsey County, the Rice Creek Watershed District, the Minnesota Pollution Control Agency, and other regulatory agencies. The number of handicapped accessible parking spaces shall comply with the State Building Code requirements. Compliance with the applicable provisions of the Zoning Ordinance. . 5. 6. 7. 8. Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, .. ...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on May 8, 2003. Pursuant to Minnesota State Statue, the City must act on this request by July 8, 2003 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review . period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 68-1 Planning Commission Memo June 4, 2003 68-2 Planning Commission Minute Excerpt June 4, 2003 PC #03-14- CC Memo 0613012003 - Page 2 of 2 . , , . . Attachment 6B-l . ~ EN HILLS MEMORANDUM DATE: PC Agenda Item 4.A June 4, 2003 TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: Case #03-14 KTJ Limited Partnership Seventy-Nine 3673 Lexington Avenue North (Shannon Square) PUD Amendment Requested Action The applicant is requesting an amendment to the approved Planned Unit Development to allow for an addition of3,600 square feet. Backl!round Surrounding Area Data North Industrial B-3: Service Business District Grocery Store under construction Sonth Connnercial B"2: General Business District Hotel East (Shoreview) Institutional/Residential/ Retail Service / Detached Institutional/Single Family en S. ace Residential Detached / en ce West Industrial B-3: Service Business District Industrial PC #03-14- PC Memo 06/04/2003 - Page I of 5 . . . . . . Site Data Indus1rial Connnunity Connnercial B-3: Service Business District / PUD Overlay 10 acres (436,874 square feet) N/A Relatively flat PUD Amendment Analvsis and Site Plan ReI'iew The applicant is proposing to remove the existing gas/convenience station and canopy located at the southeast end of the Shannon Square and insert new retail space similar to other spaces within the center. The proposal calls for a 3,600 square foot addition to be contained within the area currently occupied by the gas/convenience station and canopy area. The proposed addition would also include the addition of 20 parking spaces adjacent to the building and along the walkway on the north side of the building. As part of the proposal the applicant will add some new landscape islands within the new parking area and also will upgrade the existing landscaping along the walkway areas. The addition would be positioned to allow for full-sized truck movements; however, with the removal of the gas/convenience station there will likely be a reduction in the number of large trucks moving through the site on a regular basis. Planning Case History The City has reviewed the following requests for this property: Planning Request Comments CC Action Case 02-26 PUD Amendment 4,500 Addition to 10/28/2002 (A) Shannon Sauare Cub Foods & relocated 02-18 Master and Final Plan PUD parking lot entrance to 9/09/2002 (A) Shannon Sauare Cub Foods & relocated 02-13 Concept Plan PUD parking lot entrance to N/A Shannon Square The City Council approved the applicant's Master and Final Plan Planned Unit Development, subject to certain conditions, at their September 9, 2002 meeting. The Master and Final Plan included the redevelopment of the northern portion of the property for a Cub Foods store at the PC #03-14- PC Memo 0610412003 - Page 2 of 5 southwest quadrant of Grey Fox Road and Lexington Avenue, and reworking the main parking lot entrance for Shannon Square to create better access to both properties. . Subsequently, the applicant requested a Planned Unit Development (PUD) Amendment to allow for the relocation of a tenant, Now Bikes and Fitness, from the future Cub Foods parcel to a space available in Shannon Square. The PUD Amendment included an addition of 4,500 square feet to the rear (southwest corner) of the shopping cenler and created a total space of approximately 9,000 square feet for the tenant. The PUD Amendment was approved by the Council, subject to certain conditions, at their meeting on October 28, 2002. 1. Building Area I Floor Area Ratio - Exceeds Code Requirement. The floor area ratio (F.A.R.) requirement for the B-3: Service Business District is 0.8. The proposal shows a floor area ratio of 0.22. (Square Feet) (%) 80% Max (Square Feet) 97,903 (%) 22% 2. Lot Coverage - Exceeds Code Requirement. The B-3 Service Business District requires no more than 40% of the lot be covered by structure. The proposed building footprint is 97,903 square feet (68,566 square feet for the Cub; 29,337 for Shannon Square with the addition), while the parcel is 436,874 square feet. This results in 22% of the lot being covered by structure, or approximately half of the code requirement. . (Square Feet) (%) 40% Max (Square Feet) 97,903 (%) 22% 3. Landscape Lot Area - No net change from approved Master and Final Plan Planned Unit Development. The proposed amendment would involve a building addition into what are currently parking lot and a service station canopy. The result is no reduction in landscape area from the approved Planned Unit Development. Furthermore the applicant has proposed additional landscape islands in the parking area and would also upgrade existing landscaping along the walkway area. Staffis currently awaiting a planting schedule detailing the new landscaping materials. Landscaping materials would need to comply with design requirements for a Landscape Plan detailed in the Zoning Ordinance Procedural Manual (Appendix A). . PC #03-14- PC Memo 06104/2003 - Page 3 of S . . . 4. Setbacks ~ Meets setback requirements. Setbacks appear to meet the requirements established by the Zoning Ordinance. Front Setback Interior Side Setback Parkin Setback 5. Traffic - No Change / possible reduction from Planned Unit Development. The amendment is for a 3,600 square foot addition to the Shannon Square retail center. Staff believes that any traffic generated by the building addition would be a nominal amount. As previously stated, with the removal of the gas/convenience station there will likely be a decrease in the number oflarge trucks traveling through the site. 6. Parking ~ Exceeds Code Requirement. The Zoning Ordinance requires that 476 parking spaces be provided for both the Cub Foods store and Shannon Square (including the addition). Previous site plans included more parking that is required for the proposed amendment, and with the additional 20 spaces the site will continue to provide more than sufficient parking. Master and Final Plan PUD Master and final Plan PUD after elimination of drive- thru harmac Previously approved PUD Amendment (4,500 square foot addition Current PUD Amendment 432 475 432 487-489 452 487-489 476 507-509 4. Height of BuiJdings The height of addition proposed in the PUD Amendment will remain consistent with the existing structure and will remain within the B-3 District requirement of 35 feet. PC #03-14- PC Memo 06104/2003 - Page 4 of 5 . Staff Recommendation . h1 Planning Case #03-14 staff recommends approval of the PUD Amendment subject to the following conditions: Options 1. All necessary applications for building permits shall be filed with the City Building Official for approval prior to issuance of a building permit. Detailed final grading, utility, drainage, and erosion control plans shall be submitted to the City Engineer for approval prior to issuance of a building permit. Any loading areas for the proposed retail addition shall be shown on the final site plan and shall be filed with the City Planner for approval prior to issuance of a building permit. A detailed planting schedule shall be filed with the City Planner for approval prior to the issuance of a certificate of occupancy. All necessary applications for signage permits shall be filed with the City Planner. Any applicable permits shall be filed with Ramsey County, the Rice Creek Watershed District, the Minnesota Pollution Control Agency, and other regulatory agencies. The number of handicapped accessible parking spaces shall comply with the State Building Code requirements. Compliance with the applicable provisions of the Zoning Ordinance. 2. 3. 4. 5. 6. 7. 8. . 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, .....it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on May 8, 2003. Pursuant to Minnesota State Statue, the City must act on this request by July 8, 2003 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 4A-I Written statement and plan set submitted by the applicant. . PC #03-14- PC Memo 06/04/2003 - Page 5 of 5 . ., i II OPPIDAN Builder a/towns. CreatlJf oj value. 5125 CouNTY RoAD 101 . #100 . MINNETONKA, MN 55345 . PHONE: 952/294-0353 . FAX: 952/294-0151 . WE': www.oppidan.com .' . . May 8, 2003 Mr. Peter Rellegers City of Arden Hills 1245 West Highway 96 . Arden Hills, MN 55112-5794 RE: A11lendment to Cub Foods/Shannon Square PUD SWC Grey Fox Road & Lexington Avenue Dear Pete: This letter is intended to serve as a narrative review of the Amendment to the Planned Unit Development submission for the Cub FoOds/Shannon Square Center at the referenced location. Cm:rendy, there is a gas/convenience opemtion on the east end of the center. However, that operation has filed for bankruptcy protection under Chapter II and indications are that the Leaseholder will reject this location. In an effort to continna1ly upgrade this facility, we are attempting to add to the building and upgrade the east end of the site.. . . Overall, the entire site is not impacted.. We have exceeded parking for-this siUd expansion, added greenspace and upgraded existing greenspace, no additional hard surf'a(;e is added requiring additional pondiogand the traffic movements are not affected. Additionally, the removal of the gas operation will eliminate a number of larger trucks moving through this site on a regular basis. . W elook forward to working with the City to a successful completion of this project. If you have any questions, please do not hesitate to contact me at (952) 294-1243. . , ~ " . ~ iii~ 5~ ~ . :n . z. . I~J ii:l ll... 01 ~ i w.. .c _' H J. ez . g:::;; '" . cn~ g:E J. "" l "0> "0' t5<c " Jl ..., ;; ;'- ,f';" . ; IJ --- ". Ji-s ~... t~.g .I:!:; ~" :l!::.., ~.! ~~ lh la . '" .' . . . " ___ ~Iii~~ ------ "':~~ ~_ 6;~ __--- _ ~l-loE ;., ." ., , Z o Illlllllllll~ '/""I'\ , ~ ~ ~~~~ ~I 10M' -i-;:' !!l10-l ,. - t ~11Ili=' ~ ~ cli!;n :..::.. _ _ ____~___.I-i _ _ _ _ "'- I ,-Hi II d) I "J ~ r Al ( ., '-- I- ~ r ~ I t: ~). I , ~ t=-4. I I' , ~ l!= -j 'J i I 'j- , ~ ~ -10. I ;;0 I-- ~ ( '. I ' ~ t: -110 I I' h ~ -" " : t:;= :R_____~' D i . <> tJ:If(. Y . . . D Z~IIII!IIII I t@- l" , ['-" -~D '(~t= . ~(~ lj I ~[J) ;~ r IliJ- ::rl = ll> LJ- ~ ~ -- m It! J ~ "~ .1 - .z .~ .... i~, i" \'i,' (~) ~ I VI C I r. I-- ~ N ~ ~ ~ g: 'rE t~~<,. (. D iQ:= ~ .. ~FVl ~c:7\ S;,'~ w: I '" J-- -,;;. I :',' .{ I~ . VI ~. Pi (~~ ~~ ~ ~ l':\~.t. ~ ~ ~ )> m C'. ~ JjE ,..... .1 -;,~ h~ ( ..~.~ L .: ~ ~"~ ' ~ i ~ ~ ~I'IIIIIIIIIIIIIIIIIII<C '':' ~ Q . :II:::.. '- .1 I~.I ....~ ,~,,!~h!-l\~~ I.:, .,~lJ 1~~~. .I~, I 15~1 I Illr^I~... ..... ..~ I. c. -., ~ 1 ~., ~ Lot: L~ .'" ., ,\":1) ~ "~~:'l '--~ '""",, .... ,'. ':: _r~_ ~- .... '",. " ",'- I: g {gi ~ .' [\1).-':__J ~ ___ . ~ GREY FOX ROAD ./ .-::!7_ - - - I" - I - - .... "" " 1 ( ~ I '-.J -....:.~. - r- m >< Z Cl -i o Z >- < m Z C m z o ;;:0 -I ::c I- ~ (")!;g I II S~rANNON SOUARE ~ ~ I liS I ' i LEXINGTON II VENUE " GdY FOX ROllO Ii I ~ ARDEN HILLS, MN ....I. 0 ....'IUl ~ W CONCEPT SITEPLIIN - 00 l?llaDRjOOOOCX3DG -- ...- - .... m - 00 PREUMINARY ARCHlTECTtJRE: , ENGINttRING NOT FOR II4tII 040103 CONSTRUCTION emn.WlGCI.CIlJOIR'iC' IU1E 10DEDrN PlWRlEUN iS6344 - r-OI ....~ ...~~11..... 1NJ'tICltlEr a) II ..rAX! I .........., C~_Ml.lItfITI_ . r- m >< Z C'l :...., o z >- < m Z C m - z o ;::tl -l :r: - ~2ill I @~d ~i!i I L 0-- o @ II] . 1<; d7 ~ GREY FOX ROAD . '" Ol'\AWlWllClWI Al4l'1lGlm..- . , , . . . Attachment 6B-2 . MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JUNE 4, 2003 7:00 P.M. - ARDEN fiLLS CITY HALL . CALL TO ORDER Chair Sand called the meeting to order at 7:02 p.m. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Elizabeth Modesette, Megan Ricke, Cathy Smithknecht, Clayton Zimmerman, and Chair David Sand. Absent: None. Also present were Council Members Gregg Larson and Lois Rem, Director of Community Services Aaron Parrish, City Planner Peter Hellegers, and Recording Secretary Kathleen Altman. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON MAY 7. 2003. Commissioner Zimmerman requested the following changes: Page 5, last sentence change Mollowski to Murlowski. Page 6, 4th paragraph, change Mallowski to Murlowski. Page 7, first paragraph, second sentence, change as to is. . Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the May 7, 2003 minutes as amended. The motion carried unanimously (7-0). PUBLIC HEARINGS A. PLANNING CASE #03-14 - KTJ LIMITED PARTNERSHIP SEVENTY-NINE. 3673 LEXINGTON AVENUE SOUTH; PUD AMENDMENT (SHANNON SOUARE) Chair Sand opened the public hearing at 7:03 p.m. Mr. Hellegers stated applicants were requesting an amendment to the approved Planned Unit Development to allow for an addition of 3,600 square feet. Staff recommended approval of the PUD Amendment subject to the eight conditions as listed in their June 4, 2003 report. Commissioner Zimmerman asked if the addition was larger than 3600 square feet . because it included the existing convenience store and asked if that had been taken into consideration for parking. Mr. Hellegers replied that had been taken into consideration when they prepared the parking requirements. .' . . . . . ARDEN HILLS PLANNING COMMISSION - JUNE 4, 2003 2 Chair Sand invited anyone for or against the Concept Plan to come forward and make comment. Paul Tucci, Oppidan, stated 3,600 feet of new retail would be added onto the existing convenience store. He noted they had added 20 stalls for parking and had also added new landscaped areas. He summarized the elevation of the building for the Commission. Rick Petri, attorney on behalf of Mr. Artoli (?sp), operator of the convenience store. He stated they were in opposition to this proposal. He indicated there might be some litigation involved to detennine the validity of the sub-lease. He stated he had spoken with applicant earlier this evening, but he had just received the file today and was not familiar with all of the facts. Chair Sand asked who was the lessee. Mr. Petri replied it was Mr. Tucci's company. He stated he understood this lease was a subject in a bankruptcy proceeding. He noted there were many unanswered questions at this point, but he wanted to make the Commission aware of their opposition. Mr. Tucci stated they bought Shannon Square from the previous owner and during the process the lease with Avante (?sp) had been rejected under their bankruptcy proceedings. He noted there was a sublease between Avante and Mr. Petri's client that had a provision that said ifthere was a tennination of the original lease, the sublease also terminated. He indicated they would need to figure out where to go, but he believed they had a right to do this. Commissioner Ricke stated jfthey approved this tonight, their decision had nothing to do with the lease or bankruptcy issues. Mr. Parrish replied the tenant issues were not material to their PUD approval. Commissioner Larson asked if they approved the PUD, did Mr. Petri feel it would prejudice the case. Mr. Petri replied he did not believe so. Mr. Artoli (?sp), owner of convenience store, stated he had occupied the space since December, 2002. He stated he had met with Mr. Tucci on Monday and the bankruptcy was filed on May 13. He indicated there might be some legal ramifications regarding this and he wanted to make the Commission aware of the situation. He stated all of the other tenants were remaining and he believed it was out of convenience that he was being taken out. Chair Sand closed the public hearing at 7:24 p.m. Commissioner Larson asked if there would be any difficulty with the loading dock and getting into this facility. Mr. Tucci stated the trailers would come up the center entry and go around back. Commissioner Modesette asked if they had given consideration to just leaving the gas station and convenience store. Mr. Tucci stated their goal was to try and pursue the extra square footage. He stated no leases had been signed yet. He stated if the circumstances did not allow this, they would have to work around it. . . '- ARDEN IDLLS PLANNING COMMISSION - JUNE 4, 2003 3 Chair Sand stated whatever action they took tonight they were not making with any intent of impacting the lease issues or bankruptcy action. . Commissioner Zimmerman asked if they owned title to this property. Mr. Tucci replied they had title to this property as sole owner. Commissioner Larson moved, seconded by Commissioner Ricke to recommend approval of Planning Case No. 03-14, KTJ Limited Partnership Seventy-Nine, 3673 Lexington Avenue North (Shannon Square), PUD Amendment, subject to the eight conditions as listed in staff's June 4, 2003 report. The motion carried unanimously (7-0). B. PLANNING CASE 03-03: CITY OF ARDEN mLLS. COUNTY ROAD E-2 AND CLEVELAND A VENUE COMPREHENSIVE PLAN AMENDMENT ~ C. PLANNING CASE NO. 03-03: CITY OF ARDEN HILLS. COUNTY ROAD E-2 AND CLEVELAND AVENUE. REZONING/COMPREHENSIVE PLAN AMENDMENTIREZONING AND COMPREHNSIVE PLAN AMENDMENT Commissioner Modesette stated because she owned property in this area, she would be . joining the audience and excused herself from the Diaz. Chair Sand opened the public hearing at 7:29 p.m. Mr. Hellegers stated at the May 7, 2003 meeting, the Planning Commission tabled the public hearing for consideration of a Comprehensive Plan Amendment for certain properties generally located south of County Road E-2, west of New Brighton Road, east of Cleveland Avenue and north of the Cottage Villas development in the hope the Commission would hear more from the affected property owners at this meeting. Mr. Hellegers indicated the Commission had three options: . Rezoning; · Comprehensive Plan Amendment; or · Combination of Rezoning and a Comprehensive Plan Amendment. Chair Sand invited anyone for or against the Planning Case No. 03-03 to come forward and make comment. Chair Sand noted they had received an e-mail from the owner of Lot 9, Jim Spaniol, noting he was in favor of the area being a neighborhood business. . Mr. Hellegers stated he had spoken with Katie Connolly, Lot 7, who indicated she wanted the area to be neighborhood business. He had also left a message for representatives of Cottage village, but had not received a response back. He indicated . . . ~ EN HILLS MEMORANDUM DATE: Agenda Item 6.C June 30, 2003 TO: Mayor and City Council p"" Hono."", City p~ Case #03-08 Ramsey County I Partners Public Works Facility Hamline Avenue and Highway 96 Special Use Permit FROM: SUBJECT: Requested Action The applicant is requesting approval of the revisions to the design of the cold storage/screening wall (stipulated by condition of approval number eight for the applicant's Special Use Permit). Backeround At their April 28, 2003 meeting the Council approved the Special Use Permit for the Ramsey County Public Works Facility subject to the following eleven conditions: 1. All necessary building permits shall be filed with the City Building Official. 2. All necessary signage permits shall be filed with the City Planner. 3. The number of handicapped accessible parking spaces shall comply with the State Building Code requirements. 4. The applicant shall submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation. 5. Detailed final grading, utility, drainage, and erosion control plans shall be submitted to the City Engineer for approval. 6. Compliance with the applicable provisions of the Zoning Ordinance. PC #03-Olf- CC Memo 06130/2003 - Page I of2 7. 9. 8. Any applicable permits shall be filed with Ramsey County, the Rice Creek Watershed District, the Minnesota Pollution Control Agency, and other regulatory agencIes. That the building material variance as outlined in Item No. 13, of the staff report dated March 26, 2003, meet the approval of the City Planner and Building fuspector, and that additional design features, that break up the cold storage/screening wall with changes in relief, material, setbacks, and/or color, be included in the variance and also receive the approval of the City Council. That the oil and sand location on the site plan be deleted and the waste oil drop off be incorporated into the existing County waste oil storage on the site and the County come up with an acceptable method to convey that waste oil into their container. If that is deemed unworkable the County shall come back to the City to amend their site plan. That the landscape plan include landscaping to the west side of the building not knowing when the National Guard will build their facility. The County agrees to the provision of additional screening, acceptable to both the County and the City, at such time as the City deems that future development of the TCAAP property warrants such screening. Based upon development of the property in compliance with Conditions 1-10 above and the approved site plan, the City Council finds that health, safety, convenience, and general welfare of the owners and occupants of surrounding land, in particular, and the community in general, will not be adversely impacted. 10. 11. Subsequently, the Council discussed potential revtslons to the design of the cold storage/screening wall at the May 15, 2003 Council Work Session. Potential revisions discussed included additional windows (intended to break up the long spans of concrete along the wall) and using different styles of precast concrete (textured/ribbed precast had been proposed versus the smooth precast surface that was utilized at Irondale High School). Ramsey County has submitted revised elevations showing the addition of several windows to the cold storage/screening wall. A copy of the revised elevation has been attached for your review. Attachments 6C- I Revised elevation of the cold storage/screening wall PC #03-08- CC Memo 06130/2003 - Page 2 of 2 ( . . . . . . . Attachment 6C-l . . i"'O 1_ I\J 'f Q) o W :::J ~ ~. II Ii Ii ei II I ~. il i . -~ . (j) ~ m o ." ~ Al ^ Z (j) )> Al ~ , m I\J - W CD I 0 W < Q) f"+ -. 0 :::J I I I I ! i I [-- -~ ~~~ -~----~---~ Q r---i---"---1 l ____1 ------ I i ! I . , . . . . *- ~ \EN HILLS MEMORANDUM DATE: Agenda Item 8.A. June 26, 2003 TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem Aaron Parrish, Interim City Administrator I Community Services Director rrR FROM: SUBJECT: Ramsey Couuty Joint Maintenance Facility Participation ENCLOSURES: 1. Resolution 03-50 Approving Arden Hills' Participation in the Ramsey County Joint Maintenance Facility. 2. Additional Cold Storage Space Illustration Overview To finalize our commitment to the County and proceed with the construction of a joint maintenance facility with Ramsey County and the School District, resolution #03-50 does the following: );> Approves the City's participation in the project );> Authorizes execution of a purchase agreement in the amount of $2,387,514 );> Provides for the formation of a Common Interest Community (CIC) subject to City Council approval of the final documents. );> Approves interim financing for the project Purchase Agreement Attached to the resolution is a purchase agreement between the City and the County. Under the agreement, the County agrees to convey the City's space for $2,387,514. This is approximately $100,000 more than the estimate provided to the Council at their May 27th Special City Council Work Session. This is primarily attributed to the additional cold storage space requested by the Council. The pricing is fIrm and based on the gross maximum price submitted by the contractor l Memo to Mayor and Council Page 2 June 26, 2003 . to the County. The County Board will be considering final approval of the project and execution of the various documents at their July 1 st, 2003 meeting. Once approved, preliminary site work is expected to begin in July. Common Interest Community Documents To allow an ownership interest for the various partners, a common interest community will need to be established. To do that, several documents need to be executed including: 1. A Declaration of Covenants, Restrictions, and Conditions 2. Articles of Incorporation 3. Bylaws 4. Disclosure Statement While these documents cover a range of issues, the Council will note the following: > An association with a three person board of directors is created. Each party can appoint a board member. Board members have votes in proportion to their interest in the facility making Ramsey County the majority vote holder. . > Ramsey County Property Management will manage the association. > If the City would want to sell, Ramsey County would be offered the first of right of refusal. Sale is limited to governmental entities. At this point, the various CIC documents are substantially complete. However, there are various exhibits that need to be finalized prior to execution. Once finalized, they would be brought back to the Council for final approval. Project Financing At this point in time, to finance the $2,387,514 cost associated with this project I would propose the following financing scenario: 1. The project be funded out of fund 505, the PermiUlent Improvement Revolving (pIR) Fund. 2. An internal debt obligation be established for future repayment by other governmental and enterprise funds. Using the approach outlined above, the project can be financed on a temporary basis until a definitive decision is made on the disposition of the existing property and a specific allocation from other funds is determined. The PIR fund currently has a 2003 year estimated fund balance of $6,456,671. Regardless of whether the existing property is sold to offset expenses associated . with the new facility, there are sufficient fund balances in the enterprise and capital funds available to finance the project. . . . Memo to Mayor and Council Page 3 June 26, 2003 Other Issues Based on Council direction, two additional cold storage spaces have been included into the final plans. An illustration is attached for your review. In addition, the relocation of the Sheriffs station from Shoreview to Arden Hills remains a strong possibility. It is anticipated that the County Board will take final action on this item at a Board meeting in late July. However, this will not impact the timeline for the existing project. A revision to the previously approved site plan I special use permit will also need to be obtained. Requested Action Consider approval of resolution #03-50 approving participation in the Ramsey County Joint Maintenance Facility. . . . ~ ~HILLS CITY OF ARDEN fiLLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 03-50 A RESOLUTION APPROVING PARTICIPATION IN mE RAMSEY COUNTY JOINT MAINTENANCE FACILITY WHEREAS, the City of Arden Hills has an identified need for a new operations and maintenance facility; and WHEREAS, Ramsey County has acquired a portion of the TCAAP property for a new public works facility; and WHEREAS, the City Council convened the Maintenance Facility Taskforce to evaluate the possibility of a joint partnership with the Ramsey County; and WHEREAS, after reviewing all pertinent information, the Maintenance Facility Taskforce unanimously recommended "that Council proceed with partnering with Ramsey County on the matter of a joint public works facility as an equity partner with the plans as currently drafted;" and WHEREAS, it was the consensus of the City Council at their May 27th Special City Council Work Session to accept the Taskforce's recommendation to proceed with the inclusion of additional cold storage space; and WHEREAS, the City Council directed staff to prepare the necessary documents for the project to proceed; and . WHEREAS, .the proposed space, including the additional cold storage area, consists of 14,888 usable square feet and 19,612 gross square feet as illustrated; and WHEREAS, M.A. Mortenson has submitted a gross maximum price for the project to the County and the County has indicated the Arden Hills portion of the project will cost $2,387,514; and WHEREAS, the School District approved its participation in the project at their June 24th meeting; and WHEREAS, the Ramsey County Board of Commissioners will consider final . approval of the project at its July IS', 2003 meeting. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Arden Hills approves participation in the Ramsey County Joint Maintenance Facility; and NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council for the City of Arden Hills approves the establishment of an internal debt obligation for Fund 501, Permanent Improvement Revolving Fund, to finance the City of Arden Hills' portion of the project with repayment terms to be determined at a future date; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Arden Hills, authorizes the execution of the purchase agreement attached as Exhibit A in the amount of $2,387,514 subject to minor revisions as approved by the Interim City Administrator and City Attorney; and NOW, THEREFORE BE IT FINALLY RESOLVED by the City Council of the City of Arden Hills approves of the formation of a Common Interest Community and finalization of C.I.C. Documents, subject to final City Council approval, as provided by Statute, between the City of Arden Hills, Mounds View School District and Ramsey County for the Public Works Facility. ADOPTED by the Council this 30th day of June, 2003. . Beverly Aplikowski, Mayor ATTEST: Aaron Parrish, Interim City Administrator . I Exhibit A: Purchase Agreement . PURCHASE AGREEMENT 1.0 Parties. This Agreement is dated the _ day of , 2003 and is entered into by and between the County of Ramsey, a Minnesota political subdivision ("Ramsey County") and the City of Arden Hills, a Minnesota statutory city ("Arden Hills"). 2.0 Recitals. A. Ramsey County is in the process of acquiring a right of entry, a Lease In Furtherance and anticipates that it will acquire title the property described on Exhibit "1" (the "Property") by means of a quit claim deed from the U.S. Army on or before September 1, 2003. B. The Property is located in the City of Arden Hills, and is adjacent to the current Arden Hills administrative offices. C. On the 28th day of April, 2003, the Arden Hills City Council approved a special use permit, attached and incorporated as Exhibit ''2" which will facilitate the construction of a public works facility (the "project") on the Property. The County will construct the Project pursuant to plans and specifications which are attached and incorporated as Exhibit "3", and has awarded or will be awarding construction contracts for the Project. . D. It is anticipated that the construction of the Project will be completed on or before the 30th day of November, 2004. E. The Property and Project will be developed by Ramsey County as a common interest community ("CIC"), pursuant to the provisions of Minn. Stat. 515A. The CIC documents (CIC Documents) will consist of the following: 1. CIC Declaration attached and incorporated as Exhibit "4"; 2. Association Articles of Incorporation, attached and incorporated as Exhibit "5"; 3. Association Bylaws, attached and incorporated as Exhibit "6"; 4. Disclosure Statement, attached and incorporated as Exhibit "7"; and 5. The CIC plat of the Property which, upon completion, will be attached and incorporated as Exhibit "8." . The parties acknowledge that the CIC Documents are in a draft format, and may be modified by mutual consent of the parties prior to recording. G. Ramsey County will purchase furnishings and equipment for Arden Hills (Arden Hills equipment) as part of a Ramsey County purchasing contract, or will otherwise provide Arden Hills with a fumishing and equipment allowance (Arden Hills allowance) as outlined in the project budget attached as Exhibit 9. F. H. Ramsey County wishes to sell a condominium unit ("Arden Hills Condominium Unit") to Arden Hills and Arden Hills wishes to purchase the Arden Hills Condominium Unit and the Arden Hills Office Equipment from Ramsey County pursuant to the terms and conditions of this Agreement. 3.0 Terms and Conditions. Now therefore, in reliance upon the representations contained herein and in consideration of the mutual undertakings expressed herein, the parties agree as follows: C. A. Conveyance of Property. Ramsey County shall convey the Arden Hills Condominium Unit to Arden Hills by quit claim deed, subject to the provisions of the CIC Documents, and shall convey the Arden Hills Equipment by Bill of Sale, or otherwise provide the Arden Hills allowance. B. Purchase Price. Arden Hills shall pay the sum of $2,387,514.00 to Ramsey County for the Arden Hills Condominium Unit and for the Arden Hills Equipment, or an in amount that is reduced to reflect the Arden Hills Allowance if Arden Hills does not purchase the Arden Hills Equipment through Ramsey County; which purchase price shall be paid in the following manner: 1. 25% of the Purchase Price shall be due and payable on the 151 day of September, 2003; 2. 25% of the Purchase Price shall be due and payable on the 1st day of December, 2003; 3. 25% of the Purchase Price shall be due and payable on the 151 day of March, 2004; and 4. The balance shall be due and payable on the day of -closing. Environmental Hazards. The parties recognize that the Property is a Superfund site and that Ramsey County represents that the property will be cleaned to a residential standard and that such standard is appropriate for the intended use by Arden Hills. 2 . . . . . . D. Title. Ten (10) days prior to the date of closing, Ramsey County agrees to deliver to Arden Hills, at Ramsey County's cost, a commitment for an owner's title insurance policy (AL TA Form 1990) issued by a title insurance company acceptable to the Arden Hills (the "Title Company"), naming Arden Hills as the proposed owner insured of the Property in the amount of the Purchase Price (the "Commitment"). The Commitment shall have a current date as its effective date and shall commit to insure marketable title in Arden Hills, free and clear of all mechanics' lien claims, questions of survey, unrecorded interests, rights of parties in possession or other exceptions. The Commitment shall set forth all levied real estate taxes and special assessments and shall contain such endorsements as Arden Hills may require, including but not limited to, a zoning endorsement insuring Arden Hills that the ownership, use, operation and occupancy of the Property as of the Closing Date complies with all applicable zoning laws, codes, ordinances and regulations and does not constitute a nonconforming use thereunder. Said commitment shall have attached copies of all instruments or record which create any easements or restrictions which are referred to in Schedule B of the title commitment. Together with the Commitment, Ramsey County shall deliver to Arden Hills complete Uniform Commercial Code searches against the Project evidencing that the Project is not subject to any financing statements or security interests (the "Searches"). Arden Hills will be allowed after receipt of the Commitment, the Searches, and the Survey (as hereinafter defined) an examination thereof and to make any objections to the marketability of the title to the Property or Project, said objections to be made by written notice or to be deemed waived. E. Closing. The parties acknowledge that a specific closing date cannot be established until the Project nears completion, and until the CIC Documents have been properly recorded. The parties anticipate that a closing will occur on or before December 1, 2004. F. Access During Construction. Arden Hills shall have access to the Arden Hills Condominium Unit and the common areas of the Project during the period of construction, subject to supervision by Ramsey County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above. CITY OF ARDEN HILLS By: Name: Title: 3 RAMSEY COUNTY By: Name: Title: F:\users\JanlceUerry\Arden Hills\Ramsey County-Arden Hills Purchase Agreement ~ 4.wpd 4 . . . . LIST OF EXHIBITS 1 Legal Description of Property 2 Special Use Permit 3 Project Plans and Specifications 4 Declaration of Covenants, Conditions and Restrictions 5 Articles of Incorporation for Ramsey County Public Works Facility Condominium Association 6 Bylaws of Ramsey County Public Works Facility Condominium Association 7 Disclosure Statement of Ramsey County Public Works Facility Condominium Association 8 CIC Plat . 9 Project Budget . 5 Exhibit 1: Legal Description ,I I l\fll , , \1 I I !,11l~1:1 / - ~ I / } 'ti. 11111 1\ / I _ J . III / V ( / , I / / , , / JI / II . II I i\ II \ \ , , f~ I , fi J ~ d ~ ~ / I--/~/rr~- - --..,'-:/ / ./ II, t- . , , I --~ ~:::- ~ .- & , / .::'~I:~I 11'1 r1/ III I, III o I'; III II ~---l 1111 ~ I II1I '" I I', I I' ~-l 1\: ( .-1 \ II, \ ;LJ+ 1\1/ - I \ i I \ I I I: " / I, 1/ .:-=-~.::::....--/""---'=--~ -J:_;1:h~ I 'I - IJ f - I ) . o'-D-!:t I / - ( / (, \ ...~ (\ t., \ ;~. \ . \ "- "" -" -, \ \ , \ \ \ 'I k ,~- i , $-- -=~= . ~ '- '- '- \ . \ '-- ~ - - - --- <fl!":-<' = -- i ~..../---....... ~. .....:i~:--.. ...... 1 1 ( -~r-) 111'#..-. I \ ~/(, --"'--....- ! /1// U - l' , - -, I~~ '.- ;!~f die ~5.~:" .U! ;~i; I ~! II .~~j~rir ir Ii i,r i ,Ci~ i I ! 'I;.':i ,1111. I I ilii I ill! 1 : ~ Ill' I 'I~ " II ~ Ij I 00' - >0 i Ii 1111; I ollloIlH!' HoD 8 o. IllliWU:pl/illIIPlliIlll UIl r Iii 1111 I i Ill' i i'l I I !W~ l'iifr1V' !,I~ -!Jf II C')f') :l: i 11 II. '1~1 '\ '0 . ~ ~1 !I II' I' i' . i III' ~ If {~'j I '! QI IIIIIIIIIIIIIIIIIIW ill! . , . , . . e . . I Exhibit 2: Special Use Permit A copy of the approved special use permit will be attached after recording with Ramsey County Exhibit 3: Project Plans and Specifications Due to their size and difficulty to reproduce, project plans and specifications have not been included in the packet. They will be attached to the executed document. Design Development drafts of these documents are available for review at City Hall. . . . . . . Exhibit 4: Declaration of Covenants, Restrictions, and Conditions DRAFT COMMON INTEREST COMMUNITY NO. PLANNED COMMUNITY RAMSEY COUNTY PUBLIC WORKS FACILITY CONDOMINIUM DECLARATION THIS DECLARATION is made as of this day of ,20 , by Ramsey County Public Works Facility Condominium Association, a Minnesota non- profit corporation (herein called "Declarant"), pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes Sections 5158.1-101 through 515B.4-118 (the "Act"), as amended. RECITALS WHEREAS, Declarant is the owner of the following described real estate located in Ramsey County, Minnesota, together with any easements thereto, all of which real estate is referred to herein as the "Property;" See Exhibit "A" Attached WHEREAS, Declarant intends to develop the Property as a public works garage and government office facility, organized as a condominium under the Act. NOW, THEREFORE, Declarant declares that the Property is and shall be divided, held, transferred, conveyed, sold, leased, occupied and developed subject to the Act and to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, which shall run with the Property and be binding upon all parties having any right, title or interest in the Property, their heirs, successors and assigns, and which shall inure to the benefit of each Unit Owner, and the heirs, successors and assigns of each Unit Owner. PRELIMINARY MATTERS . Note to Readers Many provisions of the Act which govern this common interest community ("CIC"), and of the Minnesota Non-profit Corporation Act, Minnesota Statutes Chapter 317 A, under which the Association is formed, are not repeated in this Declaration. This Declaration should be read in conjunction with both statutes. Index to Provisions Required by the Act For the convenience of recording officers, title examiners and others reviewing this Declaration for conformance with the Act, the following is an index to the provisions required by sections 515B.2-105. No provisions are required for this CIC under Section 515B.2-107 (leasehold CIC). Section 515B.2-105(a) ( 1) ( 2) ( 3) ( 4) ( 5) ( 6) (7) ( 8) ( 9) (10) (11 ) Section 2.01 Section 2.01 Section 4.01 Section 2.01 Sections 5.01 and 6.01 Not applicable to this CIC Not applicable to this CIC Section 9.01 Sections 5.01 and 7.01 principally, Sections 16.01-16.13, and 17.01 Sections 7.01-7.03, 8.01,3.01 and 10.01-10.09 . 1.00 DEFINITIONS 1.01 Words defined in the Act shall have the meaning ascribed to them in the Act. The following are supplemental definitions. (a) "Association" shall mean Ramsey County Public Works Facility Condominium Association, a Minnesota non-profit corporation. (b) Board of Directors" or "Board" shall mean the board of directors of the Association. (c) "Common Elements" shall mean and refer to all elements referred to in Article 8 of this Declaration and as described in the Act. . 2 . . . (d) "Commercial Unit" shall mean any of the units intended for occupancy as a public works facility and/or government office, and includes any garage or parking space specifically allocated thereto on the Plat. (e) "Governing Documents" shall mean this Declaration and the Articles of Incorporation and Bylaws of the Association, as amended from time to time. (f) "Member" shall mean any person or entity holding membership in the Association. (g) "Unit" shall mean a platted lot as shown on the CIC Plat, subject to this Declaration, upon which a Commercial Unit is located or to be located, including all improvements thereon, but excluding Common Elements. (h) "Owner" shall have the same meaning as "Unit Owner" as setforth in Section 515B.1-103(36)ofthe Act but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.1-103(30) ofthe Act. The terms "Owner" and "Unit Owner" may be used interchangeably. (i) "Director( s)" refer to the of Directors of the Association. 2.00 IDENTITY OF REAL ESTATE AND CIC 2.01 This Declaration establishes Common Interest Community No. _, Ramsey County, Minnesota, under the name Ramsey County Public Works Facility Condominium. It is a condominium (and not a planned community or cooperative) and is not subject to a master association. The real estate included within this Common Interest Community is located in Ramsey County, Minnesota, and legally described as follows: See attached Exhibit A. The project name for development is the Ramsey County Public Works Facility Condominium. This Common Interest Community is not a conversion of existing buildings to a Common Interest Community within the meaning of 515B.1-106(c) of the Act and is 3 therefore not subject to any ordinance of the type authorized or permitted by said statute. . 3.00 CIC PLAT 3.01 The plat of Common Interest Community No. ,Ramsey County Public Works Facility Condominium, attached to and made a part of this Declaration and any supplement thereto, is the CIC Plat (sometimes referred to herein as the "Plat" or "CIC Plat"). 4.00 OWNERS ASSOCIATION 4.01 Non-profit Corooration. Ramsey County Public Works Facility Condominium has been incorporated as a Minnesota non-profit corporation under Minnesota Statutes Chapter 317A to act as the association of Unit Owners required by Section 515B.3-101 of the Act. 4.02 Services. The Association may obtain and pay for the services of any persons or entities to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and . accounting services necessary or desirable in connection with the operation of the Property or the enforcement of the Governing Documents. The Association may arrange with others to furnish trash collection and other common services to each Unit. If entered into prior to expiration of the period of Declarant Control pursuant to Section 5158.3-103 ofthe Act, (i) any management contract, employment contract or lease of recreational facilities, units, garages or other parking facilities, (ii) any contract, lease or license binding the association to which a Declarant or an affiliate of a Declarant is a party, or (iii) any contract, lease or license binding the Association or any Unit Owner other than the Declarant or an affiliate of the Declarant which is not bona fide or which was unconscionable to the Unit Owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the Association at any time after the expiration of the Declarant Control upon not less than ninety (90) days notice to the other party. 4.03 Personal Property for Common Use. The Association may acquire and hold for the use and benefit of all of the Owners tangible and intangible personal property and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of title to a Unit, provided that an Owner may delegate his or her right of enjoyment of such personal property tenants of his or her Unit. A transfer of title to a Unit shall transfer to the transferee Ownership of the transferor's beneficial interest in such property in accordance with the purpose for . which it is intended, without hindering or encroaching upon the lawful rights of other 4 . . . Owners. The transfer of title to a Unit under foreclosure shall entitle the purchaser to the peneficial interest in such personal property associated with the foreclosed Unit. 5.00 UNITS AND UNIT IDENTIFIERS 5.01 This CIC consists of shown on the CIC Plat. L) Units. The Unit identifier of each Unit is 6.00 BOUNDARIES 6.01 The Unit boundaries shall be the walls, floors and ceilings of each Unit as described in further detail in Section 515B.2-1 02(b) of the Act. Air conditioner units and perimeter doors and windows and their frames, serving a particular Unit, are specifically included within that Unit. 7.00 USE OF UNITS 7.01 Commercial Units. Commercial Units may be used for a public works facility and for government offices, subject to restrictions set forth in this Declaration. 8.00 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 8.01 Common Element. Common Elements include the remaining portions of the Property not included within the Units. The Common Elements also include those parts of the Property designated as Common Elements on the Plat or in the Act. 8.02 Owner's Easement of Eniovment. Subject to the provisions of Section 8.05, every Unit shall be the beneficiary of the following non-exclusive, appurtenant easements over any Common Elements consistent with the Association's rights therein: (a) Utilities as located and constructed by the Declarant. (b) Right of overhang and encroachment on a Unit of the Common Elements that are not inconsistent with the use of the Common Elements by other Owners. (c) Right and easement of enjoyment of the Common Elements and Common Element improvements. (d) Party Walls and easements described in Article 11. 8.03 Allocation of Limited Common Elements. Certain portions of the Common Elements are allocated for the exclusive use of one or more but fewer than all of the Units as specified in Section 515B.2-102(d) and (f) of the Act. 5 8.04 Extent of Owners' Easements. Except as otherwise provided herein, the . rights created hereby and the title of the Association to Common Elements shall be subject to the following: (a) The right of the Association, in accordance with the Governing Documents to improve the Property and to borrow money for such purposes, and in aid thereof to mortgage said Common Elements; provided, however, that the rights of such mortgagee in said Common Elements shall be subordinate to the rights of the Owners and the First Mortgagees. (b) The right of the Association to take such steps as are reasonably necessary to protect the Property against foreclosure. (c) The right of the Association to adopt rules and regulations concerning the Common Interest Community as allowed by the Act and to suspend the enjoyment rights of any Owner for reasonable periods of time and to impose reasonable fines and penalties for violations of the provisions of the Goveming Documents; provided, however, that nothing . contained in this Section 8.04(c) shall be deemed to deny an Owner easement for ingress and egress and utilities, and use and enjoyment of the Limited Common Elements. (d) The right of Owners to use the parking spaces; subject, however, to regulation by the Association. (e) The right of the Association to dedicate or transfer all or any part of the Common Elements to any public agency, authority or utility for such purposes as provided by the Act. 8.05 Deleoation of Use. Any Owner may delegate, in accordance with the Governing Documents, an Owner's right of enjoyment to Common Elements to its tenants, but the Owner shall remain responsible for the conduct of such persons. 8.06 Use of Common Elements. Any Common Elements shall be used strictly in accordance with the provisions of this Declaration and rules and regulations adopted by the Association pursuant to the Act. Except as herein provided, no Owner shall obstruct or interfere whatsoever with the rights and privileges of other Owners in Common Elements, and nothing shall be planted, altered, constructed upon or removed by an . Owner from Common Elements, except as provided in the Governing Documents. If an 6 . . . Owner shall violate any use provisions contained in the Governing Documents, the Association shall have the right to restore Common Elements and assess the cost thereof against the Owner who violates such provision, and such cost shall become a lien upon the Owner's Unit, and shall become due and payable upon demand. The Association shall have the same rights and powers to collect the cost of such restoration as provided for the collection of delinquent annual assessments. If an Owner interferes with the rights and privileges of another Owner in the use of Common Elements, except as herein provided, the Association or the offended Owner may commence an action to enforce any violated covenant and shall be entitled to recover such reasonable attorneys' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith, if it/he prevails. 9.00 ALLOCATED INTERESTS 9.01 Determination of Interest. Each of the Units is hereby allocated a portion of the Common Expenses, and a portion of the votes in the Association as shown on the attached Exhibit B. The percentage allocation of interests specified in Exhibit B is calculated by dividing the area of the Unit into that total area of all Units. However, certain expenses may be assessed against a certain Unit or Units under Section 515B.3-115 of the Act. In addition, and not in limitation of the foregoing, the Association is specifically authorized to levy and collect assessments against different styles of Units, if any, which include different amounts for reserves and maintenance, repair and replacement of the different Unit styles. Any such difference shall be equitably assessed on the basis of (a) equality among similar Unit styles; (b) square footage of the area maintained, repaired or replaced; or (c) the actual cost incurred with respect to the each Unit. Insurance costs may be assessed in proportion to risk or coverage, and utilities in proportion to usage. 10.00 ASSESSMENTS 10.01 General Provisions. Section 515B.3-115 ofthe Act specifies how assessments are assessed and collected. Section 515B.3-116 specifies how the lien for assessments is created and enforced, and to which interests it is either superior or subordinate. 10.02 Annual Assessments. Annual assessments shall be established and levied by the Board, subject to limitations set forth herein. Each annual assessment shall COver all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a reserve fund as provided by the Act. Until the termination of the period of Declarant Control described in Section 19, any increase in the annual assessment for a year shall not exceed the greater of (i) the increase in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for All Items for Minneapolis/St. Paul for the prior year; or (ii) fIVe percent (5%) of the total annual assessment for the Association's 7 previous fiscal year, unless such increase is approved by a vote of sixty-seven percent . (67%) of the Members, voting in person or by proxy, at a meeting called for that purpose. 10.03 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any unforeseen or unbudgeted Common Expense, including, without limitation the unexpected construction, reconstruction, repair or replacement of a capital improvement and including fixtures and personal property related thereto, and the exterior maintenance of Units, provided that any such assessment must be approved by a vote of sixty-seven percent (67%) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. 10.04 Maintenance Assessments/Initial Contribution. In addition to annual and special assessments, the Association may levy in any assessment year a maintenance assessment, without a vote of the Owners, for the purpose of defraying in whole or in part the cost of maintenance, repair or replacement of any exterior part or appurtenance of anyone or more Dwelling and any improvements on a Unit or Units. The assessments provided for in this Section are intended to provide funding for (i) "staged" maintenance programs whereby the Association implements the overall maintenance and repair of the Property in a series of stages from year to year and (ii) maintenance required by a single or limited number of Units. Maintenance assessments shall be . levied in any manner permitted by Section 515B.3-115(e) of the Act against only the Unit or Units benefited. The assessment shall be a personal obligation of the Owner and a lien against the Unit with the same priority and enforceability as any lien for annual or special assessments. 10.05 Commencement of Initial Annual Assessments. The annual assessments provided for herein shall commence as to all Units in each phase not later than 60 days after the conveyance of the first Unit in that phase to an Owner other than Declarant (the "first annual assessment"). The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 10.06 Commencement of Annual Assessments. The Board shall fIX the amount of annual assessments against each Unit for the following fiscal year and shall send written notice thereof to each Owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it shall adopt a budget for the following fiscal year and cause a copy of such budget in reasonable detail to be furnished to each Owner. 10.07 Interest on Delinquencies. The Board of Directors may, by resolution, require that Owners pay interest on delinquent installments from the first day of the month in which they are due at the highest rate allowed by law, but not in excess of eight (8) per cent per annum. Installments paid on or before ten (10) days after the first . day of each month shall not result in any late charge, but the Board of Directors may, in 8 . . . its discretion impose a one time late charge. Any such late charge shall be added to each installment thereof not paid on or before the tenth (10th) day of each month. The late charge shall not exceed five percent (5%) of the delinquent installment. All payments upon account shall be applied first to interest and then to late charges and then to the amount of assessment installments then due in the inverse order of their due dates. If any installment of assessment remains delinquent for thirty (30) days, the Board of Directors may, upon ten (10) days' written notice to any of the Owners responsible therefor, declare the entire amount of such assessment payable in the next twelve (12) months of that calendar year, immediately due and payable in full. 10.08 Association Funds. All sums collected by the Association from assessments may be commingled in a single fund, but they shall be held for and allocated to the Units in the respective shares in which they are paid and shall be credited to accounts from which shall be paid the Common Expenses. All assessments, both annual and special, shall become a lien on the Units on the first day of January in the year during which they are payable. 11.00 PARTY WALL AND OTHER EASEMENTS 11.01 General Rules of Law to Aoolv. Each wall which is built as a part of the original construction of the Units upon the Real Estate placed on the dividing line between the Units, and which affect a similar wall on another Unit, shall constitute a party wall. To the extent not inconsistent with the provisions of this Declaration or the Act, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 11.02 Sharino of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 11.03 Destruction bv Fire or Other Casualtv. If a party wall is destroyed or damaged by fire or other casualty, an Owner who has used the wall may restore it to its original condition, and if the other OWner(s) thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice to the right of any such Owner to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions. 11.04 Weatheroroofino. Notwithstanding any other provision of this Declaration, an OWner who by the Owner's negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 11.05 Arbitration. In the event of any dispute arising under the provisions of Sections 11.01 to 11.05, and if the same is not resolved within 30 days of the event causing the dispute, the matter shall be submitted to binding arbitration upon the demand of the Association or any Owner whose Unit shares the party wall. Each party 9 shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, . and the decision shall be by a majority of all the arbitrators, intending hereby to invoke and apply the provisions of Minnesota Statutes Section 572.08 to 572.30. The arbitration hearing shall be held within Ramsey County, Minnesota, and the initial application under the statute shall be to the District Court for the Second Judicial District in and for Ramsey County, Minnesota. 11.06 Richt to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. 11.07 Permanent Easements. All easements described in this Declaration are permanent easements appurtenant, running with the land. They shall at all times inure to the benefit of and be binding on the Owner and the mortgagee, from time to time, of any Unit, and their respective heirs, successors, personal representatives or assigns. 11.08 Unit to Unit Easements. The Owner of each Unit shall have a permanent non-exclusive appurtenant right and easement over the Unit(s) with which it shares a party wall for lateral support, support, and where necessary, access for maintenance and upkeep of walls, fences and other improvements. In addition, in the event that any Unit or any improvements to any Unit encroach upon any part of another Unit, as a result of construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, then a permanent non-exclusive easement appurtenant to such . encroaching Unit shall exist for the continuance of any such encroachment for so long as the encroachment shall exist. 11.09 Easement for Maintenance. Repair. Replacement and Reconstruction. Each Unit, and the rights of the Owners and tenants thereof, shall be subject to the rights of the Association to a permanent non-exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Goveming Documents. 11.10 Utilities Easements. The Property shall be subject to permanent non- exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed by Declarant, referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and tenants thereof, shall be subject to a permanent non-exclusive appurtenant easement in favor of the other Units and the Association for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to a permanent, non-exclusive easement in favor of the Association and all utility companies providing service to the Units for the installation and maintenance of utilities, including but not limited to, metering devices. 11.11 Continuation and Scope of Easements. Notwithstanding anything in this . Declaration to the contrary, in no event shall an Owner or tenant be denied reasonable 10 . . . access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 11.12 Use and Eniovment Easements. Each Unit shall be the beneficiary of permanent non-exclusive appurtenant easements on and across the Common Elements for the use and enjoyment of the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration and consistent with the Association's rights therein. 11.13 Access and Parkina Easements. Each Unit shall be the beneficiary of appurtenant easements on or across the Common Elements for access to a public street or highway and for parking in areas located and constructed by the Declarant or as shown on the Plat, subject to any restrictions set forth in this Declaration. 12.00 ALLOCATION OF MAINTENANCE RESPONSIBILITY 12.01 The Exteriors. In order to preserve the uniform and high standard of appearance of the Property, the Association shall be responsible for the maintenance and repair of the Common Elements including, but not limited to, the exterior of all Units, which responsibility shall include, but not be limited to, the following: the maintenance and repair of exterior surfaces of all buildings on the Property, including, without limitation, the painting of same as often as necessary, the replacement of trim and caulking, and the maintenance and repair of roofs, gutters, downspouts and overhangs. All maintenance and repair of the individual Units shall be the sole obligation and expense of the individual Owner, except to the extent the exterior maintenance and repair is provided by the Association by this Section. In the event that the need for maintenance or repair is caused through the willful or negligent act or omission of an Owner, the Owner's, guests, tenants or invitees, the cost of such maintenance or repair shall be added to and become a part of the assessment to which such Unit is subject. 12.02 Lawn and Plantina Maintenance. The Association shall mow, trim, water, rake and otherwise maintain, all to the extent the Board deems necessary or desirable, all lawns and exterior plantings except that the Association may elect not to maintain gardens and plantings established by individual Owners, but to the extent the Association undertakes to do so, it will not be responsible for any damage to such gardens and plantings due to overwatering, underwatering or improper watering. All plantings shall be subject in each instance to the Board of Directors' right to disapprove plantings and locations which would be disharmonious. 12.03 Utilities. The Association shall maintain, replace and repair sewer and water lines from the street to the portion of the structure which encompasses a CIC Unit. 11 13.00 OWNERS' MAINTENANCE . 13.01 Upkeep and Maintenance. Each Owner shall be responsible for the upkeep and maintenance of the Owner's Unit and each Owner shall maintain the same free of debris which may pose a threat to the health or safety of occupants of other Units. Every Owner must perform promptly all cleaning, maintenance and repair work within the Owner's Unit, which, if omitted, would affect another Unit or Units, being expressly responsible for the damages and liabilities that the Owner's failure to do so may engender. Without limiting the generality of the foregoing, the Association may require an Owner to remove offending debris, and upon failure of the Owner so to do, the Association, after reasonable notice, may enter the Unit with an appropriate contractor, and take corrective action, charging the Owner of such Unit for the reasonable cost thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the building in which the Units are located or an adjoining Unit, or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other Units or their Owners. 13.02 - HeatinQ of Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Unit, all Owners shall maintain the temperature in their Unit, at all times, at least at fifty-five (55) degrees Fahrenheit (or such other reasonable temperature or standard as the Board of Directors may from time to time specify by written rule), subject, however, to the inability to maintain such temperature due to causes beyond the Owner's reasonable control. Any . damage resulting from the refusal or failure of an Owner so to maintain such minimum temperature may be repaired by the Association and (unless due to causes beyond the Owner's reasonable control) the cost thereof assessed against the Unit of the refusing or failing Owner. However, if the failure to maintain such minimum temperature is due to causes beyond the Owner's reasonable control, the cost of such repair shall be a Common Expense. Nothing contained herein shall be construed to impose an obligation to undertake any such repairs (unless it is so obligated pursuant to another section of this Declaration). The Association may by rule require Units that are unoccupied for substantial periods of time during winter to use alarms which will detect abnormally low temperatures. . 12 . . . 14.00 INSURANCE, CASUALTY. CONDEMNATION AND REBUILDING 14.01 Association's Policies. Except as hereinafter provided,=Section 515B.3- 113 of the Act requires the Association to maintain casualty insurance coverage on the Common Elements and, because this Common Interest Community contains Units or structures within Units which share or have contiguous walls, siding and roofs, also on those Units or structures within those Units. The same section also requires general liability coverage, authorizes the Association to carry any other insurance it considers appropriate, specifies minimum notice from an insurer prior to cancellation, specifies other provisions for such insurance, requires the Association or an insurance trustee to adjust all losses, and describes the Association's duty with respect to repair or rebuilding after casualty to Common Elements or Units. The provisions of the Act described in this paragraph may not be varied or waived, but are hereby supplemented, as follows: (a) The Association shall carry worker's compensation insurance whenever it has eligible employees. (b) The Association may carry fidelity insurance and shall do so whenever required by a holder, insurer or guarantor of a mortgage encumbering a Unit. (c) The Association may enter into binding agreements with one or more holders, insurers or guarantors of mortgages obligating the Association to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor of any changes to coverage. (d) The Association shall also carry insurance with additional endorsements, coverages and limits and against other hazards as may be required from time to time by the regulations of a holder, insurer or guarantor of a mortgage encumbering a Unit. (e) The Association shall make every effort to procure its insurance from an insurance carrier licensed to do business in the State of Minnesota with ratings of A-XI as established by Best's Insurance Reports, if such a company is available, or if not available, its equivalent rating or the best rating possible. (f) The Association shall make every effort to procure its insurance with a deductible which does not exceed the maximum allowed from time to time by the 13 regulations of a holder, insurer or guarantor of a mortgage encumbering a Unit. 14.02 Owners' Individual Policies. The property insurance coverage fumished by the Association may, but need not, cover the following items within the Units: (i) ceiling or wall finishing materials, (ii) floor coverings, (iii) cabinetry, (iv) finished millwork, (v) electrical or plumbing fixtures serving a single Unit, (vi) built-in appliances, or (vii) other improvements or betterments, regardless of when installed. Each Owner should carry insurance for his or her own benefit insuring the Owner's personal liability and items not covered by the Association's policy, orovided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance carried by any Owner. 14.03 Imorovements and Betterments. If any improvements and betterments are covered by the insurance procured by the Association, any increased cost may be assessed against the Units affected. If the Trustee or mortgagee undertakes the reconstruction or remodeling of a Unit as above provided, the same need be restored only to substantially the same condition as was the Unit as of the completion of original construction. . 14.04 Premiums: Deductibles. Insurance premiums paid by the Association shall be assessed as a Common Expense and may be assessed in proportion to risk or . coverage among different Units. The Association may, in the case of a claim of damage to a Unit, (i) pay the deductible amount as a Common Expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the deductible amount directly. 14.05 Waiver of Insurance. The provisions of this Section 14 may be waived by the Association because all of the Units are restricted to non-residential use. 15.00 ARCHITECTURAL RESTRICTIONS 15.01 Architectural Control Committee Authoritv. Except for alterations made by Declarant in consideration of its initial sale of a Unit or in its development of the Common Elements, no change to the Common Elements or any exterior or structural portions of any Unit shall be made, erected, altered, placed or permitted to remain on any portion of the Property unless and until detailed plans and specifications and proposals, including plans which show the design, the colors and color scheme, the decoration, the construction, and the materials to be used in construction, the dimensions, and the location and approximate cost of the same shall have been . submitted to and approved in writing by an Architectural Control Committee (hereinafter described) as to harmony of the external design and location in relation to surrounding Units and as to general appearance and quality. 14 . . . . In the event said Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it (in such reasonable detail as the Committee may require), or if no suit to enjoin the making of such construction, removal, additions, alterations, or changes has been commenced within sixty (60) days of such submission, such approval will be deemed to have been given. If no such submission has been made to the Architectural Control Committee or its representatives, suit to enjoin or remove such additions, alterations or changes may be instituted at any time by the Association or any Owner. The Board of Directors, on request, will issue a certificate as to the state of compliance or noncompliance of a particular Unit, and any such certificate will be binding as to third parties. Any deviation from said plans and specifications as approved which in the judgment of the said Committee is a substantial change or a detriment to the appearance of the structure or of the surrounding area shall be corrected to conform to the plans and specifications as submitted. Any improvements or alterations to a Unit must, in any event, be made in compliance with the provisions of applicable law and must not impair the structural integrity or mechanical systems, affect the Common Elements or impair the support of any portion of the Common Interest Community. Any Owner making improvements or alterations must make prior arrangements with the Association to ensure that other Unit Owners are not disturbed and that the Common Elements and other Units are protected against Mechanic's Liens. 15.02 Prompt Completion. Except for improvements made or to be made by Declarant pursuant to its rights under this Declaration or the Act, every structure must be erected and completed within eighteen (18) months of approval, or new approval obtained. If any structure is begun, and is not completed within eighteen (18) months after the commencement of construction, and in the judgment of the Architectural Control Committee is by reason of its incomplete state of offensive or unsightly appearance, the Committee, at its discretion after ten (10) days written notice to the Owner of the Unit, may take such steps as may be necessary, in its judgment, to improve the appearance so as to make the Unit harmonious with neighboring properties, including entering upon the Unit, completion of the exterior of the structure, screening or covering of the structure, or any combination thereof Or similar operation, and the amount of any expenditure made in so doing shall be a lien on the Unit enforceable in like manner as assessments hereunder. 15.03 Declarant's Riahts. Nothing herein contained shall be deemed to prohibit Declarant from making changes to the plans, specifications, and appearance of buildings constructed from time to time, but all buildings shall be consistent in terms of quality and harmonious in general appearance with previously constructed buildings. So long as Declarant owns a Unit, or has the right to add Units, the decisions of the Architectural Control Committee must have the written approval of the Declarant. 15.04 Composition of Committee. The Architectural Control Committee shall be the Board of Directors of the Association, or a committee of three or more persons so 15 designated by the Board; provided that, so long as Declarant owns a unit, or has the . right to add units, the members of the Architectural Control Committee shall be designated by Declarant. 15.05 Restoration in Accordance with Oriainal Plans. Any restoration or repair of the exterior of a Unit after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with the Declaration and the original plans and specifications, unless other action is approved by the Architectural Control Committee and by owners and mortgagees holding mortgages on Units as provided in the Governing Documents. 15.06 Removal and Abatement. The Architectural Control Committee or the Board shall have the right to order an Owner to remove or alter any structure on any Unit erected in violation of the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or demolition of any nonconforming construction or other violation, or to take whatever steps are deemed necessary to cure such violation. Any cost incurred by the Architectural Control Committee shall be levied as a Maintenance Assessment as provided in Section 10.04 above. 15.07 Exterior Liahtina. All exterior lighting fixtures and standards shall be shown on submitted plans and shall comply with the overall lighting plan of the Declarant. All forms of exterior lighting shall be subject to approval of the Architectural Control Committee. . 15.08 Exterior Omaments. Exterior ornaments, including, but not limited to, pre- cast concrete, plastic or wood figurines, wishing wells and windmills shall be prohibited unless approved by the Architectural Control Committee prior to installation or Construction. 15.09 Windows. No films or coatings shall be applied to the exterior windows which darken, make reflective or otherwise change the color or appearance of such windows as viewed from outside the Unit, without the prior written consent of the Architectural Control Committee. 15.10 Mechanical and Electrical Eauipment. No additional air conditioning or air cooling unit shall be installed or placed in any part of a Unit, other than that which was originally installed, without the prior written consent of the Architectural Control Committee. In no case shall air conditioning or heating devices or equipment be installed or kept on the decks, except for ceiling fans permitted with the prior written consent of the Architectural Control Committee. All ceiling fans and all other electrical fixtures installed in a Unit must comply with all applicable building codes and underwriting standards and other reasonable standards adopted by the Association. 15.11 Antennae. Except with prior written approval of the Architectural Control Committee, no exterior television, radio or satellite or microwave antenna of any sort shall be erected or maintained upon any Unit. The Architectural Control Committee . 16 . . . may adopt rules or regulations regulating and placement of such antenna and may change its rules or regulations from time to time, all in its discretion. No such regulation shall, however, unreasonably delay, prevent or increase the cost of installation, maintenance or use of an antenna, unless necessary in the Architectural Control Committee's discretion, to prevent (i) interference with access by fire or other emergency services, personnel or vehicles, or delivery of such services; (ii) damage or unreasonable wear and tear on the Units or Common Elements; or (iii) a safety hazard to owner, occupants or the public. 15.12 Rules and Reaulations Govemino Improvements. The Board of Directors and Architectural Control Committee may promulgate rules and regulations to enforce the terms of this Article 15. Nothing contained in this Declaration shall, however, prohibit an Owner from making, at its expense, improvements or alterations to the Unit necessary for the full enjoyment of the Unit by any person who has a handicap or disability ("Accommodations"). The Board of Directors and the Architectural Control Committee may, however, regulate the type, style, and quality of the Accommodations as they relate to health, safety and architectural standards. The Accommodations must also be made in compliance with the provisions of applicable law and must not impair the structural integrity or mechanical systems, affect the Common Elements or impair the support of any portion of the Common Interest Community. Any Owner making improvements or alterations must make prior arrangements with the Association to ensure to ensure that other Unit Owners are not disturbed and that the Common Elements and other Units are protected against Mechanic's Liens. 16.00 RENTAL RESTRICTIONS 16.01 Any lease between an Owner and a lessee shall provide that the terms of the lease shall be subject in all respects to the provisions of the Governing Documents, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease~ No lease of a Unit may be for a period of less than 30 days. All leases shall be in writing. Other than the foregoing, there shall be no restrictions on the right of any Owner to lease his or her Unit; provided that no Owner shall lease a Unit to a non-governmental entity. 17.00 GENERAL RESTRICTIONS 17.01 Prohibition of Damaoe and Certain Activities. Nothing shall be done or kept on any Unit or any part thereof which would increase the rate of insurance on the Property or any part thereof over what the Association, but for such activity, would pay, without the prior written consent of the Board. Nothing shall be done or kept on any Unit or any part thereof which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the Property or the Unit shall be committed by any Owner or any invitee of any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste 17 caused to the Association or other Owners by such Owner or the Owner's invitees. No . noxious, destructive or offensive activity shall be allowed on any Units or any part thereof, nor shall anything be done thereon which may be or may become a nuisance to any other Owner or to any other person at any time laWfully residing on the Property. No heating devices, refrigeration equipment, or other machinery which causes vibrations detectable from outside the Unit, is fuel-fired, or is otherwise inherently dangerous, noxious, or noisy, shall be installed or operated within any Unit. 17.02 No Unsiahtlv Uses. No objects of any kind shall be hung out on any portion of a Unit so as to be visible from outside the Unit. All parts of a Unit visible from outside the Unit, shall be kept free and clear of all rubbish, debris and other unsightly materials. 17.03 Sians. No Owner or occupant shall post any advertisement, poster or sign of any kind in or on the Property, except as authorized by the Association. 17.04 Nuisance. No nuisance shall be allowed on the Property. 17.05 No Obstructions. The sidewalks, walkways, halls, passages, entrances, corridors, stairways, elevators, and driveways shall not be obstructed or used for any purpose other than ingress into and egress from the Units and parking areas within the Common Elements. 17.06 No Additional Units. Neither the Declarant nor any other Unit Owner is permitted to create any additional Units by subdivision or conversion under Section 515B.2-112 of the Act, except that Commercial Units may, if owned by Declarant, be so converted or subdivided, or, if owned by an Owner other than Declarant, may be subdivided under said Section. . 17.07 No Time Shares. Time shares, as defined in the Act, are not permitted in this CIC. 17.08 Rules and Reaulations. The Board from time to time shall adopt such other rules and regulations goveming the use, maintenance and enjoyment of the Property, and the conduct of persons using the Property, as the Board in its reasonable discretion deems desirable or necessary to implement the intent of the Governing Documents. 18.00 SPECIAL DECLARANT RIGHTS 18.01 Special Declarant Riahts. Declarant hereby reserves the following rights (referred to in the Act as Special Declarant Rights) for its benefit: (a) The right to create Units, complete improvements, if any, and amend or consent to amendments of this . Declaration granted herein. 18 . . . (b) The right to appoint or remove any officer or director of the Association during the period of Declarant control, which shall expire on the earliest of the following events: 1. Surrender of the right of control by the Declarant; and 2. Sixty (60) days after the conveyance of sixty-six percent (66%) of the Units to Owners other than Declarant. (c) Declarant has an easement through the Common Elements for the purpose of discharging Declarant's, Special Declarant rights. Declarant further reserves the right to complete all the Units and other improvements indicated on the CIC Plat, and to make alterations in the Units or Common Elements. 19.00 AMENDMENTS 19.01 Amendment. The Act specifies the requirements for amending the Declaration. 19.02 Declarant's Joinder. In addition to the other requirements for amendment of this Declaration, the written joinder and consent of the Declarant shall be required for any amendment of either this Declaration or the Bylaws which shall abolish, diminish or restrict Declarant's rights hereunder to complete improvements, to maintain signs and management offices and models or to maintain signs and advertise the project, until the last conveyance of a Unit to an Owner other than Declarant. This right may be waived in whole or part at any time by recording a written waiver executed and acknowledged by Declarant. The Declarant reserves the right to correct clerical errors in the Governing Documents by a recordable instrument executed by Declarant within two (2)years of the date hereof. 20.00 MISCELLANEOUS 20.01 Abatement and Enioinment of Violation bv Owners. The violation of any rule or regulation adopted by the Board or the breach of any provision of the Declaration shall give the Association the right, in addition to any other rights set forth in the Declaration or by law provided: (a) To enter the Unit in which, or as to which, such violation or breach exists and summarily to abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist therein 19 contrary to the intent and meaning of the provisions . hereof, and the Association shall not thereby be deemed guilty in any manner of trespass provided that legal proceedings must be instituted before any items of construction can be altered or demolished. (b) To enjoin, abate or remedy by appropriate legal proceedings the continuance of any such breach. (c) To impose reasonable fines on the Owner or occupant of a Unit after notice and an opportunity to be heard. In addition to all other remedies and rights set forth in the Act, the Association, and anyone or more aggrieved Owners, shall have the right of action against Owners who fail to comply with the provisions of the Declaration or the decisions of the Association, and one or more Owners shall also have such rights of action against the Association for any failure to comply with or enforce such provisions. 20.02 Association Acts throuah Board. The power and authority of the Association as provided in the applicable Statutes, the Governing Documents and Regulations shall be vested in a Board of Directors elected by the Owners in accordance with the Bylaws of the Association. The Association shall act through the . Board of Directors and the officers elected by the Board. 20.03 Notices. Any notice required to be sent to any member of the Association (or Owner) under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such member appearing on the records of the Association at the time of such mailing. In the case of multiple Owners of a Unit, notice to anyone of such Owners shall be deemed notice to all. 20.04 Captions. The Article and Section headings are intended for convenience only and shall not be given any substantive effect. 20.05 Construction. In the event of an apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. In the event of a conflict between this Declaration and the Act, the Act shall govern. The use of pronouns such as "his", "he" and "him" are for literary purposes and mean whenever applicable the plural and female forms. 21.00 RIGHT OF FIRST REFUSAL Owners of Units which have less than a majority of the votes in the Association may not convey Units to third parties without first offering the Units to the Owner who has a majority of the votes in the Association. No Owner shall convey a Unit to a non-govemmental entity. . 20 . . . IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year recited on the first page hereof. Ramsey County Public Works Facility Condominium By: Name: Its STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me on ,20_, by , Ramsey County Public Works Facility Condominium, a Minnesota non-profit corporation, free act and deed on behalf of the corporation. of Notary Public INSTRUMENT DRAFTED BY: Jerome P. Filla Peterson Fram & Bergman, PA Suite 300, 50 East Fifth Street St. Paul, MN 55101 (651) 291-8955 F:\usersIJanice\JerrylArden HnlsIRamsey County Public Worns Dedaration #3.wpd 21 I Exhibit 5: Articles ofIncorporation ARTICLES OF INCORPORATION . OF RAMSEY COUNTY PUBLIC WORKS FACILITY CONDOMINIUM ASSOCIATION The undersigned incorporator, being a natural person at least 18 years of age, desiring to form a non-profit corporation under Chapter 317A of Minnesota Statutes, known as the "Minnesota Non-Profit Corporation Act," and laws amendatory and supplementary thereof, does hereby make, subscribe and acknowledge the following Articles of Incorporation: ARTICLE I Name The name of the Corporation shall be: Ramsey County Public Works Facility Condominium Association ARTICLE II Purpose This corporation is organized and shall be operated for the general purposes of constituting and acting as the association of owners within the meaning of Chapter 515B of Minnesota Statutes, as amended, commonly known as the "Minnesota . Common Interest Ownership Act," uponcertain real property situated in the City of Arden Hills, County of Ramsey, State of Minnesota. Its specific purposes shall include, but not be limited to the following: (a) To promote, enhance, protect and perfect the community welfare and mutual and collective benefit of all persons, either natural or artificial, hereafter acquiring an interest of whatsoever kind in a common interest community to be hereafter established by the recordation with the Ramsey County Recorder or Registrar of Titles of a certain Declaration (hereinafter "Declaration") and Common Interest Community Plat of said Common Interest Community; (b) To further, execute, administer, manage, maintain and operate the plan of ownership and occupancy of said Common Interest Community to be established in said Declaration and the Bylaws of this corporation; (c) To levy and collect assessments from the members and to use the proceeds thereof for the purposes of the Common Interest Community; (d) To carry insurance pertinent to the ownership, use and maintenance of the property, as well as on any personal property of the corporation, exclusive of any coverage for contents and personal effects belonging to any of the . members, to collect all premiums and charges for the same from the . . . members, to use, reimburse, or expend the proceeds for the rebuilding, repair, renovation, rehabilitation, and/or replacement of any loss or damage to any of the above property, as provided for in more pertinent detail in the Declaration and Bylaws; (e) To contract for and employ persons, firms or corporations to assist in the management, operation, maintenance and administration of said Common Interest Community; (f) To make and enforce reasonable regulations conceming the use and enjoyment of said Common Interest Community; (g) To acquire, own, hold, lease, mortgage, conveyor dispose of any real or personal property and to borrow money or issue evidences of indebtedness in furtherance of any or all of the within objects, and to secure the same by mortgages, pledge or other liens, subject to limitations contained in the Declaration; (h) In general, to enter into any kind of activity, to make and perform any contract and to exercise all powers necessary, incidental or convenient to the administration, management, maintenance, repair, replacement and operation of said Common Interest Community and to the accomplishment of any of the purposes thereof; (i) To do anything required of or permitted to it as the administrator and operator of said Common Interest Community; or as the association of owners by the Minnesota Common Interest Ownership Act (Chapter 515B of Minnesota Statutes) and any further laws amendatory thereof and supplementary thereto, and by the Declaration and Bylaws, as amended from time to time; and 0) To exercise such other powers and to do such other things required of or permitted to it which are consistent with the foregoing purposes and which are afforded to a non-profit corporation by the Minnesota Non-Profit Corporation Act (Chapter 317A of Minnesota Statutes) and any further laws amendatory thereof and supplementary thereto. ARTICLE III No Pecuniary Gain This corporation is formed exclusively for purposes for which a corporation may be formed under the Minnesota Non-Profit Corporation Act (Chapter 317 A of Minnesota Statutes), as required by the Minnesota Common Interest Ownership Act (Chapter 515B of Minnesota Statutes), as amended, and accordingly, this corporation does not and shall not, incidentally or otherwise, afford pecuniary gain to its members, directors or officers; provided, however, that this corporation may pay to its members, directors and 2 officers out-of-pocket expenses incurred in the performance of their duties, may lease . and purchase from, sell to, and otherwise deal with its members, directors and officers and others in respect of real and personal property situated in Ramsey County, Minnesota, and may hire e.g., accountant or attomey, and shall have the power to own, encumber and sell property as permitted by the Minnesota Common Interest Ownership Act (Chapter 515B of Minnesota Statutes). ARTICLE IV Duration of CorDorate Existence The period of duration of the existence of this corporation shall be perpetual. ARTICLE V Realstered Office The registered office of the corporation shall be located at ARTICLE VI Dissolution In the event of dissolution of this corporation, all of its then assets shall be distributed in accordance with the provisions of Minn. Stat. 317A.701. . ARTICLE VII IncorDorator of the CorDoration The name and address of the incorporator of the corporation, who is a natural person of full age, is as follows: NAME ADDRESS ARTICLE VIII Board of Directors The First Board of Directors shall consist of three (3) natural person, of full age, who shall serve for a term of one (1) year or until their successors have been duly elected and have qualified. The names and addresses of the persons comprising the First Board of Directors are as follows: . 3 . . . NAME ADDRESS ARTICLE IX No Personal Liabilitv Members, directors and officers of thil! corporation shall not be personally liable to any extent whatsoever for corporate obligations. ARTICLE X No Capital Stock This corporation shall have no capital stock, either authorized or issued. ARTICLE XI No Corporate Seal This corporation shall have no corporate seal. ARTICLE XII Amendment Until the second Board of Directors of this corporation has been constituted pursuant to the Bylaws, an amendment to these Articles shall be considered adopted upon its receiving a unanimous vote of the directors constituting the first Board of Directors at a meeting thereof, notice of which containing the proposed amendment having been given to each of said directors at least one (1) day prior to said meeting. After the second Board of Directors has been constituted pursuant to the Bylaws, an amendment to these Articles shall be adopted upon its receiving an affirmative vote of at least percent L%) of the total voting power of the Association, as thatterm is defined in the Bylaws, at any regular, special or annual meeting of the Association. 4 IN WITNESS WHEREOF, the undersigned has hereunto set his hand on ,20_. STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me, a notary public within and for said county on ,20_, by as his free act and deed. Notary Public INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. Attn: Jerome P. Filla 50 East Fifth Street, Suite 300 St. Paul, MN 55101 (651)291-8955 F:\usei"sIJanlcelJelT}'lArden HillslArtlcles - Ramsey County Public Wor1<s.wpd 5 . . . e . . I Exhibit 6: Bylaws of Condominium Associatiou BYLAWS OF RAMSEY COUNTY PUBLIC WORKS FACILITY CONDOMINIUM ASSOCIATION ARTICLE I These are the Bylaws of Ramsey County Public Works Facility Condominium Association, a Minnesota non-profit corporation (hereinafter called the "Association"), which is organized for the purpose of being and constituting the association of Unit Owners for Ramsey County Public Works Facility Condominium Association, a condominium to be organized pursuant to the provisions of the Minnesota Common Interest Ownership Act, being Chapter 515B, Sections 515B.1-101 to 515B.4-118 (hereinafter the "Act") by Declaration dated , (hereinafter referred to as the "Declaration"). ARTICLE II For purposes of these Bylaws, the terms used herein shall have the meaning given in the Declaration, except as otherwise specified herein. ARTICLE III 3.1 Membership. The Owner or Owners of estates or interests in a Unit which, individually or collectively, aggregate a fee simple absolute, shall by virtue of such interest, be Members of the Association. Membership in the Association is appurtenant to the Unit owned by the Unit Owners and is inseparable from such ownership and shall be deemed to be conveyed or encumbered along with the Unit. 3.2 Interest in Association Property. No Owner shall have any severable right or interest in any property, funds or reserves of the Association, but merely a right to the joint use and enjoyment thereof so long as he or she continues as a Unit Owner. 3.3 Personal Application. All present or future Unit Owners, tenants, future tenants or their employees, or any other person or entity that might use the facilities of the Common Interest Community in any manner, are subject to these Bylaws. The acquisition or rental of any of the Units or the act of occupancy of any of said Units will signify that the Governing Documents are accepted, ratified and will be complied with. 3.4 More than One Owner. When one or more persons own an interest in a Unit, all such persons shall be Members of the Association. 3.5 Declarant's Membership. The Declarant, or its successors in interest or . assigns, shall be entitled to membership in the Association only so long as the same is the Owner of one or more Units in the Common Interest Community referred to in the Declaration. 3.6 Owner's Duty to Reaister Name. It shall be the duty of each Owner of an interest to register the Owner's name, address and the nature of the interest with the secretary of the Association. If the Owner of such an interest does not register the interest, the Association shall be under no duty to recognize the ownership, but such failure to register shall not relieve such Owner of such an interest of any obligation, covenant or restriction under the Governing Documents. ARTICLE IV BOARD OF DIRECTORS 4.1 Number. Term and Qualifications. The Association Jshall have the responsibility of administering the Common Interest Community through its duly appointed Board of Directors which shall be composed of three 3 directors. 4.2 Powers and Duties. The Board shall have the powers and duties . necessary for the administration of the affairs of the Association and the Property and may do all such acts and things, except as by law or by the Governing Documents may . not be delegated to the Board by the Members. Such powers and duties of the Board shall include, without limitation, the following: (a) Operation, care, upkeep and maintenance of the Common Elements; (b) Adoption and amendment of budgets. Determination of the Common Expenses required for the affairs of the Property, including, without limitation, the operation and maintenance of the Property and reserves for repair, replacement and improvements; (c) Levy and collection of assessments for common expenses from the Owners and of other amounts due from Owners; (d) Employment, management and dismissal of the personnel necessary for the maintenance and operation of the Common Elements; (e) Adoption, promulgation and amendment of rules and regulations as permitted by the Act covering the details of the operation and permitted uses of the Property and after notice and opportunity to be heard, levy reasonable fines for violations of the Governing Documents; (f) Opening of bank accounts on behalf of the Association and designating the signatories required therefor; . 2 e (g) Purchasing Or leasing or otherwise acquiring in the name of the Association, Units offered for sale or lease or surrendered by their Owners to the Board of Directors; (h) Purchasing of Units at foreclosure or judicial sales in the name of the Association; (i) Selling, leasing, mortgaging or otherwise dealing with real estate or personal property, including Common Elements as allowed by Section 515B.3-112 of the Act, including, but not limited to, Units acquired by, and subleasing Units leased by, the Association. Granting public utility easements through, over or under the Common Elements, and, subject to approval of Members as required in the Act, granting other public or private easements, leases and licenses through, over or under the Common Elements; 0) Obtaining of insurance for the Property pursuant to the provisions of the Declaration and of these Bylaws; (k) Managing, maintaining and repairing the Property and repairing and reconstructing the Property in accordance with the Governing Documents and the Act after damage Or destruction by fire or other casualty or as a result of eminent domain proceedings; e (I) Commencement of appropriate legal action for collection of assessments for common expenses or for termination of non-complying occupancy in accordance with the Governing Documents and the Act; (m) Institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself, or two or more Unit Owners on matters affecting the Common Elements or other matters affecting the Common Interest Community or (Ii) with the consent of the Owners of the affected Units on matters affecting only those Units; (n) Dedicating or transferring permits, licenses and easements for public utilities, roads and other public purposes consistent with the intended use of the Common Elements and reasonably necessary or useful for the proper maintenance or operation of the project; (0) The Board of Directors may employ and discharge for the Association a management agent at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize; and e 3 (p) Exercise any other powers conferred by Section 515B.3-1 03 of the Act or a otherwise conferred by Law, or the Governing Documents. . 4.3 Vacancies. Vacancies on the Board. caused by any reason, shall be filled by the Member who initially appointed the Director. Each person so appointed shall be a Director for the remainder of the term of the Director replaced. 4.4 OrGanization MeetinG. The first meeting of the Board of Directors each year following the annual meeting of Owners shall be held within ten (10) days of each annual meeting and no notice shall be necessary to the Directors in order to legally constitute such meeting, providing a majority of the whole Board shall be present. 4.5 ReGular MeetinGS. Regular meetings of the Board may be held at such time and place as shall be determined from time to time by a majority of the Directors but at least one (1) such meeting shall be held each year immediately following the annual meeting of the Association. Notice of regular meetings of the Board shall be given to each Director by mail at least twenty-five (25) business days prior to the day named for such meeting. 4.6 Special MeetinGS. Special meetings of the Board of Directors may be called by the President on seven (7) days' notice to each Director, given personally or by mail or telephone, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or a Secretary in like manner and on like notice on the written request of at least one (1) . Director. 4.7 Waiver of Notice. Any Director may, at any time, waive notice of any meeting of the Board in writing, and such waiver shall be deemed equivalent to the giving of necessary notice. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice by that Director of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice to Directors shall be required and any business may be transacted at such meeting. 4.8 Board of Directors' Quorum. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of a majority ofthe Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum present, the meeting shall be adjourned from time to time until a quorum is present. At any such adjoumed meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. If a quorum is present when a duly called or held meeting is convened, the Directors present may continue to transact business until adjoumment, even though the withdrawal of Directors originally present leaves less than a quorum. 4.9 MeetinGS to be Public. Meetings of the BOard of Directors shall be subject .. to the provisions of the Minnesota Opening Meeting Law (MS 13D). To the extent . 4 . . . practicable, the Board shall give reasonable notice to the Owners of the date, time and place of the Board meeting, unless the date, time and place of meeting are provided for in the Governing Documents, announced at a meeting of the Board, posted in a location accessible to the Owners and designated by the Board from time to time, or if an emergency requires immediate consideration of the matter by the Board. 4.10 Comoensation. The Directors will receive no compensation for their services. However, when authorized by the Board of Directors, Directors and Officers may be reimbursed for expenses incurred in connection with the business of the Association. 4.11 Liability of Board. The Directors shall not be liable to the Owners for any act or failure to act in their capacity as Directors, including any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. 4.12 Indemnification. The Association shall have the power to indemnify Directors, Officers, employees or agents against certain expenses and liabilities as provided by Minnesota Statutes Section 317A.521, subd. 2 & 3. 4.13 Voting. Each Director shall cast a weighted vote based upon the percentage allocation of interest computation contained in the Declarations for Common Interest Community No. , Planned Community, Ramsey County Public Works Facility Condominium. ARTICLE V MEMBERS' MEETINGS AND VOTING 5.1 Annual Meetinos. The first annual meeting of the Association shall be held within one year of the filing of the Declaration, upon notice as provided herein, at which meeting the order of business shall be as set forth in Section 5.4 supra and thereafter shall meet at least once per year. The annual meetings of the Association shall be held at the offices of the Association at 10:00 a.m. on the closest Wednesday to the anniversary date of the first annual meeting, or at such other place within Ramsey County, Minnesota, and on such other date as the Board shall adopt from time to time. At such meetings, the Members shall appoint Directors and there shall be a report on the activities and financial condition of the Association. The Association may transact such other business at such meetings as may properly come before it. 5.2 Special Meetinos. It shall be the duty of the President to call a special meeting of the Association if so directed by resolution of the Board or upon a petition signed and presented to the Secretary by Members in the aggregate owning not less than ten percent (10%) of the Membership voting rights. The notice of any special meeting shall state the time and place of such meeting, the purpose thereof and if proxies are permitted, the procedures for appointing proxies. No business shall be transacted at a special meeting except as stated in the notice. 5 5.3 Notice of Meetinas. It shall be the duty of the Secretary to send a notice . of each annual or special meeting of the Association at least twenty-one (21) days, but not more than thirty (30) days (in case of an annual meeting) or seven (7) days, but not more than thirty (30) days (in case of a special meeting), prior to such meeting, including the time and place where it is to be held and, if proxies are permitted, the procedures for appointing proxies, to each Member. Such notice shall be hand delivered or sent by United States Mail to each Member of record at the address of the Owner's Unit and at such other address as such Member shall have designated by notice, in writing, to the Secretary. 5.4 Order of Business. The order of business at all meetings of the Members shall be as follows: (a) Rollcall; .., (b) Proof of notice of meeting; (c) Reading of minutes of preceding meeting; (d) Reports of officers; (e) Report of Board; . (f) Reports of committees; (g) Election of inspectors of election (when so required); (h) Election of Directors (when so required); (i) Unfinished business; and G) New Business. 5.5 Votino Riohts. The Associatiollshall have one class of voting membership. " 5.6 Votino. The votes to be exercised by the Members shall correspond with the percentage of vote(s) assigned by the Declaration to the Units for voting purposes. The Member or Members, or some person designated by such Member or Members to act as proxy on his or their behalf and who need not be an Owner, shall be entitled to cast the votes appurtenant to each Unit at all meetings of Members. Such votes shall be cast as a Unit, in the manner decided upon by the Member or Members with an interest in the Units. In the event of any dispute among Owners of any Unit regarding the casting of votes, the vote shall not be cast. The designation of any proxy shall be made in writing to the Secretary and shall be revocable at any time by written notice to . the Secretary by the Member or Members. A proxy appointment is valid for 11 months 6 . . . unless a different period is expressly provided in the appointment provided that a proxy is revocable by the Member at any time either by attendance and voting at a meeting or in writing delivered to the Secretary or other officer or agent authorized to tabulate votes. Any or all such Members may be present at any meeting of the Association and may vote or take any other action as a Member either in person or by proxy. A fiduciary shall be the voting Member with respect to any Units owned in a fiduciary capacity. 5.7 Maiority of Unit Owners. As used in these Bylaws, the terms "majority of Members" or "majority of Owners" shall mean those a majority of the voting interests of those voting, except where a greater vote is required by the Act or the Governing Documents. Votes allocated to a Unit owned by the Association may not be cast. 5.8 Quorum. Except as otherwise provided in the Governing Documents and except that votes allocated to a Unit owned by the Association may not be counted toward a quorum, the presence in person or by proxy of Members having, in the aggregate, twenty-five percent (25%) of the total authorized votes of the Owners shall constitute a quorum at all meetings of the Association. 5.9 Maiority Vote. The vote of a majority the voting interest of Members at a meeting at which a quorum shall be present shall be binding upon the Association for all purposes, except where in the Declaration or these Bylaws, or by law, a higher percentage vote is required. ARTICLE VI OFFICERS 6.1 Desianation. The principal officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer shall be elected by the Board of Directors. The Directors may appoint an Assistant Secretary and such other officers as in their judgment may be desirable. 6.2 Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board. 6.3 Removal of Officers. Upon the affirmative vote of a majority of the Directors, any officer may be removed, either with or without cause, and a successor may be elected at any regular meeting of the Board, or at a special meeting of the Board called for such purpose. 6.4 President. The President shall be the chief executive officer of the Association. The President shall preside at all meetings of the Association and of the Board of Directors. The President shall see that all orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments; and shall co-sign all checks and promissory notes (except to the extent that the Board 7 of Directors authorizes the delegation of such authority by the President). The . President shall have the power to appoint committees from among the Owners, from time to time, as the President may, in the President's discretion, deem appropriate to assist in conducting the affairs of the Association. 6.5 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board to act on an interim basis. The Vice President also shall perform such other duties as shall from time to time be imposed by the Board of Directors. 6.6 Secretarv. The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association. If the Association adopts a seal, the Secretary shall keep the corporate seal of the Association and affix it on all papers requiring said seal. The secretary shall serve notice of meetings of the Board and of the Members; shall keep appropriate current records showing the Members of the Association, together with their addresses; and Shall perform such other duties as may be required by the Board. 6.7 Treasurer. The Treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The Treasurer shall . be responsible for the deposit of all moneys and valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board of Directors. 6.8 Aareements, Contracts. Deeds. Checks. etc. All agreements, contracts, deeds, leases, checks, mortgages and other instruments of the Board or of the Association shall be executed by any two (2) officers of the Association or by such other person or persons as may be designated by the Board. 6.9 Compensation of Officers. No officer shall receive any compensation from the Association for acting as an officer. ARTICLE VII ANNUAL REPORT 7.1 The Association shall prepare and provide to each Unit Owner annually, at or prior to the annual meeting of the Members, a report of the affairs of the Association including at least the following information: (a) A statement of any capital expenditures in excess of two percent of the current budget or five thousand and no/100 dollars ($5,000.00) (whichever . 8 . . . (b) is greater) anticipated by the Association during the current year or succeeding two (2) fiscal years; A statement of the status and amount of any reserve or replacement fund and any portion of the fund designated for any specified project by the Board of Directors; (c) A copy of the statement of financial condition for the Association for the last fiscal year and most recent balance sheet; (d) A statement of the status of any pending litigation or judgments in which the Association is a party; (e) A detailed description of the insurance coverage provided by the Association, including a statement as to which, if any, of the following items are insured by the Association; ceiling or wall finishing materials; floor coverings; cabinetry; finished millwork; electrical or plumbing fixtures serving a single Unit; built-in appliances; or other improvements or betterments, regardless of when installed; and (f) A statement by the Association of the total past due assessments on all units, current as of not more than sixty (60) days prior to the meeting. ARTICLE VIII BOOKS AND RECORDS 8.1 Annual Review. A review of the Association's financial statements of the Association shall be made annually at the end of the Association's fiscal year by a licensed certified public accountant independent of Declarant or any affiliate of Declarant as defined in the Act, unless prior to sixty (60) days after the end of the fiscal year, at a meeting or by mailed ballot, Owners to which at least percent L%) of the votes of the Association are allocated vote to waive the requirement. A waiver vote shall not apply to more than one fiscal year and shall not affect the Board's authority to cause a review or audit to be made. A copy of the report shall be furnished to each Member not later than one hundred eighty (180) days after the end of the fiscal year of the Association The expense of such review shall be a common expense. If no audited statement is available, a Unit lender, or the holder, insurer or guarantor of a mortgage on any Unit may have one prepared at its expense. Where the Association's financial statements are prepared by an independent certified public accountant, they shall be prepared in accordance with generally accepted accounting principles as established from time to time by the American Institute of Certified Public Accountants, and shall be reviewed in accordance with standards for accounting and review services. In such case, the financial statements 9 shall be presented on the full accrual basis using an accounting format that separates . operating activity from replacement reserve activity. 8.2 Inspection. Current copies of the Governing Documents and other rules concerning the project and the books. records and financial statements of the Association shall at all times, during reasonable and normal business hours, be available for inspection by any Owner or Unit lender and by the holder, insurer or guarantor of a mortgage on any Unit, and copies of the same may be purchased at reasonable cost. Any financial statement shall be furnished within a reasonable time following such request. 8.3 Notice to Association. An Owner who mortgages the Owner's Unit shall notify the Association through the management agent, if any, or the President of the Board of Directors, in the event there is no management agent, of the name and address of such mortgagee and the Association shall maintain such information in a book entitled "Mortgages of Units." 8.4 Prospective Purchasers. The Association also shall make available for inspection, upon request during reasonable and normal business hours, to prospective purchasers of a Unit, correct copies of the Governing Documents and other rules governing the Common Interest Community and the most recent audited financial statement of the Association, if such is prepared. The Association shall also furnish the resale disclosure certificate required by the Act. The Association may impose a . reasonable charge for the resale disclosure certificate required by the Act. ARTICLE IX SALES AND LEASES Before, or at the time of sale or lease of any Unit, the Owner of such Unit shall pay the Association all assessments then outstanding against such Unit as of the date of closing of such transaction. Any unpaid assessment is a continuing lien against such Unit. ARTICLE X AMENDMENT These Bylaws may only be amended in the same manner and to the same extent as the Declaration. ARTICLE XI CONFLICTS In case any of these Bylaws conflict with the provisions of the Act, the provisions of the Act will apply. In case any of these Bylaws conflicts with the provisions of the . 10 . . . Declaration or of the Articles of Incorporation, the provisions of the Declaration or of the Articles of Incorporation will apply. ARTICLE XII MISCELLANEOUS 12.1 Notices. All notices required hereunder shall be hand delivered or sent by United States Mail to the Board at the office of the Association or to such other address as the Association may hereafter designate from time to time, by written notice, given in the manner hereinafter prescribed. All notices to any Owner shall be hand delivered or sent by United States Mail to the Owner's Unit or to such other address as may be designated by Owner, in writing, from time to time to the Association. All notices to mortgagees of Units shall be sent by United States mail to their respective addresses as designated by them from time to time, in writing, to the Association. All notices shall be deemed to have been given when mailed, except notice of change of address, which shall be deemed to have been given when received. 12.2 Arbitration. Except as otherwise provided in these Bylaws, any dispute arising under these Bylaws between or among Owners or between or among the Association and Owners shall be submitted to arbitration. Each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators, intending to invoke and apply the provisions of Minnesota Statutes Section 572.08 to 572.30. The arbitration hearing shall be held within Ramsey County, Minnesota, and the initial application under the statute shall be to the District Court for the Second Judicial District in and for Ramsey County, Minnesota The costs of the arbitration proceedings shall be shared equally among the parties to the arbitration. 12.3 Invaliditv. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or affect the balance of these Bylaws. 12.4 Caotions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of these Bylaws of the intent of any provision hereof. 12.5 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. 12.6 No Coroorate Seal. The Association shall have no corporate seal. The undersigned, , Director of Ramsey County Public Works Facility Condominium Association, hereby certifies that the foregoing Bylaws were adopted as the Bylaws of Ramsey County Public Works Facility 11 Condominium Association, a Minnesota non-profit corporation, by action ofthe Board of . Directors at the first meeting thereof, effective Its Director STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On ,20_, personally appeared before me , Director of Ramsey County Public Works Facility Condominium Association, a Minnesota non-profit corporation, and he acknowledged that he executed the within document on behalf of said corporation as the free act and deed of said corporation. Notary Public INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, PA Attn: Jerome P. Filla 50 East Fifth Street, Suite 300 St. Paul MN 55101 (651 )291-8955 F:lusers\Janice\JerrylArden HUlsIBylaws - Ramsey County Public Works l13.wpd . . 12 I Exhibit 7: Disclosure Statement . COMMON INTEREST COMMUNITY NO. PLANNED COMMUNITY RAMSEY COUNTY PUBLIC WORKS FACILITY CONDOMINIUM ASSOCIATION DISCLOSURE STATEMENT Seller and Developer ("Declarant"): The information in this Disclosure Statement is accurate as of . (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) . ATTACHMENTS Declaration and any amendments thereto Bylaws of the Association Common Interest Community Plat Articles of Incorporation of the Association Balance Sheet and Projected Annual Budget during the year a Unit was first conveyed to a Purchaser Any Rules or Regulations of the Association Current Annual Budget Copy of M.S. 515BA-112 through 515BA-115 Copy of M.S. Ch. 327 A Description of Blanket Insurance Management Agreement Copy of Formaldehyde Warning required by M.SA 325F.18 Current Tax Statement for the Unit (if separately assessed) Copy of Documents in Item 8 if not otherwise attached hereto RECEIPT . I (yVe) hereby acknowledge receipt of a copy of the booklet containing the foregoing disclosure documents and information for Common Interest Community No. ,Ramsey County Public Works Facility Condominium Association ("Condominium). The Number of Units in the Common Interest Community presently is Date: Date: STATUTORY NOTICE 1. Within 10 days after receipt of a Disclosure Statement, a purchaser may cancel any Purchase Agreement of a Unit from Declarant (Ramsey County Public Works Facility Condominium Association); provided, that the right to cancel terminates upon the purchaser's voluntary acceptance of a conveyance of the Unit from the . Declarant; 2. If a purchaser receives a Disclosure Statement more than 10 days before signing a Purchase Agreement, the purchaser cannot cancel the Purchase Agreement; and 3. If a Declarant obligated to deliver a Disclosure Statement, fails to deliver a Certificate which substantially complies with this Chapter to a purchaser to whom a Unit is conveyed, the Declarant shall be liable to the purchaser in the amount of $1 ,000.00, in addition to any damages or other amounts recoverable under the Act or otherwise. This Disclosure Statement is furnished pursuant to the requirements of the Minnesota Common Interest Ownership Act, Minnesota Statutes Section 515B.4-102. Prospective purchasers are not to construe the contents of this Disclosure Statement or any pages appended hereto or any communication in connection herewith as legal or tax advice. Each purchaser should consult his own counsel and tax adviser as to legal and tax matters and related matters concerning this purchase. The following paragraph numbers correspond to the required disclosure items listed in the Minnesota Common Interest Ownership Act, Minnesota Statutes Section 515BA-102. (a) The name and number of the Common Interest Ownership Community: . 2 . Common Interest Community No. _ Condominium Ramsey County Public Works Facility Condominium Association Ramsey County, Minnesota (b) Name and principal address of Declarant (Seller): Ramsey County Public Works Facility Condominium Association 3. Ramsey County Public Works Facility Condominium Association is a condominium within the meaning of the Minnesota Common Interest Ownership Act (Minn. Stat. 515B.1-101 to 515B.4-118). The number of Units contained in Ramsey County Public Works Facility Condominium is shown above. . 4. The development, as contemplated, will eventually consist of one (1) building with L) Commercial Units. Parking for the Commercial Units will be in an underground parking garage in the lower level of the Building. The Declarant intends to retain ownership of one or both of the Commercial Units for an indefinite period. The Declarant's present intent is to use the Commercial Units for uses such as the following: (a) Public Works Facility; and (b) Government Offices The Declarant is not limited to these particular uses of the Commercial Units, nor is Declarant obligated to continue to own them, and may sell or lease them to others for such permissible uses of such units as are covered by the Declaration. The primary construction of the building, as contemplated, is reinforced concrete frame construction. The Common Interest Community involves new construction. Sewer and water lines located on the Common Elements from the street to the foundation of the Unit must be maintained by the Association. 5. Initially, the Common Interest Community is expected to include Commercial Units with associated improvements. As additional Units are sold, the Common Interest Community may be expanded to include each new Unit completed. All of the garages, surfaced driveways, walkways or other improvements which are shown on the Common Interest Community Plats as in existence or as "must be built" (as part of each phase) will be completed substantially contemporaneously with the last completed unit (in that phase), subject to weather or seasonal restrictions. No units may be added to the Common Interest Community beyond the total number . contemplated in this development, except as provided in the Declaration. 3 STATUTORY NOTICE . The following notice is required by Minnesota Statutes. The Declarant has reserved in the Declaration certain rights to add additional real estate. These rights. allow a Declarant to add units or common elements to a common interest community, and to make other changes to the community over a specified period of time. These changes may have a substantial effect upon the units or rights of unit owners, by changing relative voting power and share of common expenses, by increasing the number of persons using the common elements, by altering the size and appearance of the common interest community and by making other changes which may affect the value or utility of the units. A purchaser of units in this common interest community should consider the possible effects of the Declarant's rights rellerved for this project. Declarant's rights to add additional real estate are reserved in Section [21] of the Declaration. IT IS IMPORTANT TO NOTE that the Declarant is not legally obligated to build any of the additional Units or to add any of the Additional Real Estate to the Common Interest Community. Declarant may add some, but not all, of the Additional Real Estate, and portions not added may be developed by the Declarant or others differently than anticipated by this plan, subject to any required municipal approvals. As previously stated, it is contemplated that the Common Interest Community will . initially include the L) Commercial Units. As a Unit Owner entitled to Legal Notice, please note that as Additional Units are sold, the Common Interest Community may be expanded to include each new building or buildings as completed. Copies of the currently proposed Amendments are attached hereto. A copy of any Amendment or proposed Amendment will be provided to any Unit Owner within fIVe (5) business days of request at no cost to the Unit Owner. 6. There are no supplies and services not reflected in the budget or projected budget referred to above which the Declarant provides, or expenses which it pays, and which it expects may become at any subsequent time a common expense of the Association. Declarant's liability for assessments may be limited pursuant to the provisions of the Declaration and the Act. Section [11] of the Declaration provides: As provided in Section 515B.3-115(b)ofthe Act, and subject to any restrictions contained therein, Declarant's liability, and the assessment lien, for assessments on any Units owned by Declarant shall be limited to twenty-five percent (25) of any assessment levied until the Unit is substantially completed. Substantial completion shall be evidenced by a Certificate of Occupancy issued by the municipality in which the Unit is located. 7. The Declaration provides that an amount equal to two months' Association annual assessments will be due from the purchaser to the Association at closing. This . 4 . . . amount is not in prepayment of or substitution for monthly assessments but is intended as a contribution to the Association's initial working capital and reserves. 8. The liens, defects or encumbrances on or affecting the title to the Common Interest Community after the contemplated conveyance shall be as follows: (a) Existing roads and utilities; (b) The provisions of Minnesota Common Interest Ownership Act, Minnesota Statutes Section 515B.1-101 to 515B.4-118; (c) The provisions of the Declaration, Amendments to Declaration, Bylaws, and Common Interest Community Plat of record as of the date of the closing; (d) The lien of real estate taxes against the Unit (including installments of special assessments and interest thereon payable therewith, if any) due and payable in the year of closing and thereafter and special assessments hereafter levied; (e) Applicable building and zoning laws and other regulations and ordinances, including but not limited to restrictions on the use or improvement of portions of the property within designated wetlands, shoreland or flood plains; (f) The rights of purchaser therein, if any, and any liens, encumbrances or other interests created or suffered to be created due to act or omission of purchaser; (g) Any Developer's Agreement with the City of Arden Hills; and (h) Easements, covenants and conditions of record as of the date of filing the Declaration, if any. 9. Financing, if any, offered by Declarant at the date of this Statement is described in an attachment. If no such description is attached, no such financing is then offered. 10. The Declarant has not applied for, nor received, project approvals from the Department of Housing and Urban Development (HUD), Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), or the Department of Veterans Affairs (VA). 11. Declarant acknowledges that it is bound by the terms of Minnesota Common Interest Ownership Act, Section 515B4.-112 (express warranties) and 515B.4- 113 (implied warranties), and Minn. Stat. Ch. 327A, copies of which are reproduced 5 and attached hereto. Declarant hereby disclaims any express representation or . warranty except with respect to description of the quantity or extent of the real estate comprising the Common Interest Community, subject to customary tolerances. Declarant intends to disclaim all warranties, express or implied, with respect to the Commercial Units as defined in the Declaration. Commercial Units are to be taken "as is", "with all faults". 12. The statutory statement referred to in this subparagraph is reproduced beginning on the face of this Disclosure Statement. 13. The Declarant, after reasonable inquiry, has no actual knowledge of any unsatisfied judgments against the Association, pending suits to which the Association is a party, or pending suits material to the Common Interest Community or the Unit being purchased. 14. Any earnest money paid in connection with the purchase of a unit will be held in an escrow account at unless the Declarant and Purchaser have agreed in a written agreement that the earnest money is to be delivered to the Declarant for payment of construction costs. Money held in escrow will be held until delivered to Declarant at closing or because of the purchaser's default under the parties' reservation agreement or a Purchase Agreement for the Unit. Earnest money held in escrow will be retumed to the purchaser . if the purchaser cancels the parties' Agreement pursuant to Section 515B.4-1 06 of the Minnesota Common Interest Ownership Act or any other provision of the parties' reservation agreement or Purchase Agreement for the Unit. Earnest money may also be delivered to Declarant for payment of construction costs as permitted by Section 515B.4-109 of the Minnesota Common Interest Ownership Act pursuant to a written agreement between Declarant and purchaser. 15. The insurance coverage in the form of a blanket policy to be provided by the Association for the benefit of Unit Owners is described on an attachment hereto. Be advised, the Association is not obligated to provide coverage for any ceiling or wall finishing materials, floor coverings, cabinetry, electrical or plumbing fixtures serving a single unit, built-in appliances or other improvements and betterments, regardless of when installed, within the unit. The Association shall not be obligated to provide coverage for personal liability of the Owner. 16. There are no current or expected fees or charges to be paid by Unit Owners for the use of the Common Elements and other facilities related to the Common Interest Community, other than assessments. 17. The improvements which are shown on the Common Interest Community Plat as in existence or "Must Be Builf' will be completed substantially contemporaneously with the last completed Unit, subject to weather or seasonal restrictions. No financial arrangements have been made for the completion of the . items shown on the plat, as completed or "must be builf'. 6 . . 18. The disclosures required by Minn. Stat. Section 515B.4-102(18) are not applicable to this Common Interest Community. 19. That real estate taxes for the Unit or any real property owned by the Association are not delinquent unless identified on an attachment hereto. If real estates taxes, including the amount of any special assessments certified for payment therewith have been separately assessed against the Unit and a statement of the amount of real estate taxes and any special assessments certified for payment therewith is available, it is attached. The Declarant will pay at closing any delinquent taxes which it is obligated to pay. 20. Neither the Association nor the purchaser of the Unit will be a member of a master association and, as such, the disclosures required by Minn. Stat. Section 5158.4-102(20) are not required. 21. The Unit will be substantially completed at the time of conveyance to the purchaser, subject to weather or seasonal restrictions. 22. Copies of the Declaration, Bylaws and Articles of Incorporation are attached hereto. There are no other recorded covenants, conditions, restrictions or reservations affecting the Common Interest Community, except as described in Item 8. Unless copies are attached hereto, there are no additional rules and regulations of the Association although the directors of the Association have the right to promulgate the same. The property is to be managed by , pursuant to a Management Agreement with the Association. A copy of the Management Agreement is attached. 23. The current balance sheet for the Association and the projected annual budget for the Association for the year in which the first Unit is conveyed to a purchaser, or the current annual budget, whichever is appropriate, is attached. ATTACHMENTS ARE A PART OF THIS DISCLOSURE STATEMENT INSTRUMENT DRAFTED BY: Peterson, Fram & Bergman, P.A. Attn: Jerome P. Filla 50 East Fifth Street, Suite 300 St. Paul, MN 55101 (651) 291-8955 . F:\users\Janice\Jerry\Arden Hills\Disclosure Statement - Ramsey County Public Works #2.wpd 7 Exhibit 8: CIC Plat A copy of the CIC Plat will be attached once individual units are constructed and surveyed. . . . Exhibit 9: Project Budget Ramsey County Public Works Facility o al Estimated Project Budget. Cost Allocation . RC Public Arden Mounds National Works Hills View Guard Total 1. Collstructlon & Site Development: Office 4,730,587 510,436 232,377 0 5,473,400 Shops I Stock I Labs 2,157,314 111,556 27,330 0 2,296,200 Heated Vehicle Storage 4,356,458 476,960 348,182 0 5,181,600 Vehicle Maintenance 3,269,358 100,778 111,364 0 3,481,500 Cold Storage 2,026,209 426,761 147,330 0 2,600,300 Canopy 327,023 24,617 86,160 0 437,800 Out Buildings 657,869 0 0 0 657,869 Site Work 3,397,537 298,821 181,621 0 3,877,979 Equipment . 408,669 26,155 5,026 0 439,850 Total Construct/on & Site Development 21,331,024 1,976,084 1,139,390 0 24,446,498 1a. Architects and Engineers. PIJ,Iase " 796,278 70,040 42,570 0 908,888 Printing 65,710 5,780 3,510 0 75,000 Total GMP 22,193,012 2,051,904 1,185,470 0 25;430,386 2. Furniture, Fixtures, Equipment 691,125 116,140 47,915 0 855,180 Contingency 57,800 11,400 6,100 0 75,300 Total Fllmlture, Fixtures, Equipment 748,925 127,540 54,015 0 930,480 3. Telecommunications/Data 159,100 0 0 0 159,100 Contingency (15.0%) 23,900 0 0 0 23,900 Total Telecommunit:ations/Data 183,000 0 0 0 183,000 4. Professional Services: . Architects and Engineers (7%): Phase 1 683,240 78,340 33,320 0 794,900 Pralilnlnary Design Services - TKDA 91,540 0 0 0 91,540 FF&E (8%) 59,910 10,200 4,320 0 74,430 Design Services for Army National Guard 0 0 0 424,260 424,260 Total Professional Setvlces 834,690 88,540 37,640 424,260 1,385, 130 5. Site Acquisition and Preparation: Building Demo. 226,359 19,910 12,100 0 258,369 Army Core of Engineers 13,140 1,160 700 0 15,000 Cement Removal (To verify) 339,930 29,900 18,170 0 388,000 Hazardous Material Removal 278,055 24,450 14,860 0 317,365 Contingency (10.6%) 90,890 7,990 4,860 0 103,740 Total Site Acquisition and Preparation 948,374 83,410 50,690 0 1,082,474 6. Miscellaneous 100,000 0 0 0 100,000 Contingency (5.46%) 5,460 0 0 0 5,460 Total Miscellaneous 105,460 0 0 0 105,460 7. Project Management: Property Management 115,372 0 0 0 115,372 Inclusiveness In Contracting 50,000 0 0 0 50,000 Traffic Engineering 10,000 0 0 0 10,000 Special Inspections 205,970 18,120 11,010 0 235,100 son Borings 14,890 1,310 800 0 17,000 Construction Drawing Printing 21,900 1,930 1,170 0 25,000 Conditional Use Permit 8,760 770 470 0 10,000 Permits and Fees 8,780 770 470 0 10,000 SAC Charge 113,020 9,940 8,040 0 129,000 . Project Contingency 719,779 3,280 2,000 0 725,059 Total Project Management: 1,268,451 36,120 21,960 0 1,326,531 Total Estimated Project Budget 26,281,912 2,387,514 1,349,775 424,260 30,443,461 ~ ti3, ~ t . \\ Q" - - \- C> \'\\ : ~ ~II -\ ~ Iii ~ '" 2 tf\ !il ~ ~ ':\:. ~ {\\ 3'.~ 1/2' ~ 6' 1. J ( cItlCId KJ.L~I ~_."' I tlf r_______L _-=--=--=-, ''11'</I.B <liIll/3l'l'll 0 :~NCIllC<I \ r------------ 0 .tlf ' ,~,~ "'11'</I.BCW " .......N01IC1llC<1 I llttV ~_______ ____J I ,,1Y1.G<liIl'9'3i'NI i \-____________ 13 ~, I 13~' ~\ ::-.CIllC \-_____________1 0 Sl I is I 0 ~ ;u I ~-.CIllC<I \ ~ 1 ' il' _ I tlf 1 ~ I '11'Mi <liIl"'- I - ~ 1--------------1 ~ _ I "lt ~ ,~..CIllC<I I _ t H'f' I : ''11'</I.B<liIl'9'3l'Ml \ L____________J 0 \ftT;:~-~~:-~\ \ ~ ~1- ~ -------"\ ~ ~ ,ll1I'fl 'KV~OJ ' 'Ii '7'tr ^" I ~~ '" ' 1. . t I 0 --I ,'1ms ., ''11'</I.B <liIl"'- I '" ~atn.+-------------I 0 ,~, ' ,(2101 I ~Jn~l JanJ ' I,g^" ' III' I \"1'Mi \ '11'Mi <liIl'9'3i'NI \.,. ~+-------------I l \~ \~0/lIl ~;Rl33O I (2101 ^" I ^" I \,,1'Mi \"ms aa1~ \ 0 ~+-------------I 0 I ",'"I I ,,,,(tI)l:l!lllloll")Old ,_ \~"i\ ^" \ i I ~ != I ''11'</I.B <liIl'f3lll\ I t; ~_;~------------J 0 S2 ~m .... '" o ~~ "'.... 1>- O~ 0.--- ~~ -~ ~X ~';! r~ r - ~ U> ~ ~ ~ ~ -2' ~\ ~;> y pay ~ ty- ",?~\'&k 'Z.. ~ I> ;-\~ \l\ ~~ . ~;. ~ \t' :to ~~ '" ~; !:. - '"" '" ~ -\ '::f::> In t. o!\ '1ll :to. > " r ~ f~~ ~ "" :J::-t t; r tm _ V"r If' -\ ... " r-.. ~ 6~E.:A.~ ~ ,., " ~ r ~ l' ;p. r ~ 'J\ ~ ~g-". ~'"-\~~ ,. :n~0I ~ 1fT;'!:" ~ i' ~ ; · .", ~ ~~ ~ i 1. "l> "" :ii '> ~ _ V" <:> ,. o ~'): i{' '" V\ " if- o. ,. r '1:1 . . -~ -\'" ~ ~~ " -\ ... \II '" V 2: t . e . e ~ ~~HILLS MEMORANDUM Date: June 24, 2003 AGENDA ITEM No. S.B To: Mayor and Council From: Cynthia Young, Deputy Clerk/Human Resourc cc: Aaron Parrish, Interim City Administrator/Director of Community Services Thomas J. Moore, Director of Operations and Maintenance Subject: Appointment: Pang Silseth, Office Support Specialist BACKGROUND: On December 16, 2002, the Mayor and City Council approved the probationary appointment of Pang Silseth as Office Support Specialist. Pang has completed the six- month probationary period by consistently exceeding expectations. RECOMMENDATION: Per the Personnd Policy of the City of Arden Hills, staff recommends the City Council appoint Pang Silseth to the position of Office Support Specialist on a regular, full-time basis. J I e . . ~ ~~HILLS MEMORANDUM Date: AGENDA ITEM No. 8.C June 26, 2003 To: Mayor and City Council From: Cynthia Young, Deputy Clerk/Huma cc: Aaron Parrish, Interim City Administrator/Director of Community Services Thomas J. Moore, Director of Operations and Maintenance Subject: Arden Hills Assessment Policy Task Force Ene. Advertisement Application BACKGROUND: The City of Arden Hills request for community involvement on an Assessment Policy Task Force was advertised in the Arden Hills/Shoreview Review, the City Website, City Hall, and the Arden Hills Notes. The close date for applications occurred at the end of the business day, June 24, 2003. At this writing, Staff has received one (1) application from a resident who has volunteered to serve on this Task Force which will bring forth its recommendations to the City Council regarding development of an amended City Assessment Policy. Staff is seeking direction from the Mayor and Council as to how they want to proceed with this issue. . ~ . '.. .~ .J (. , ~ EN HILLS Assessment Policy Task Force Now Forming The City of Arden Hills is now accepting applications for an Assessment Policy Task Force. This task force will be responsible for putting forth recommendations to the City Council in regard to development of an Assessment Policy. The task force will hold four (4) weekly evening meetings (dates to be determined) starting the week of June 30, 2003. Interested individuals should complete an application form and submit it to the attention of Cynthia Young, Deputy Clerk, City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. All applications are due by 4:30 p.M., Tuesday, June 24, 2003. For additional information, please contact Aaron Parrish, Interim City AdministratorlDirector of Community Services at (651) 634-5120. J . . e ~ ~HlLLS Assessment Task Force Application Form Dateh -l~ -CJ3 General Information N_ .j/&/ew/p 4:fUtt/ a~) ;; ~:~:ate,ZIP ~~~f'1;t~ %~"$-~//;? Phone Numbers Home 6 ~ 3 -iP s al' Work F~ F~ Email Address../I9..4.7h/.J./~0.AII~e.4.;I.-7Z!:/...;../.!.lI.7 eT How did you hear of the task force? L 0 f#.A*/ ...v"'pu~~<1~4~~ Personal Information . ~ ;9'1/.4-4 ~A'7~~~ List any Civic, Professional, and Community Activity involvement. ~~;~~~~he;-Tdh~r(?,~ AeA A-epr~AIV,7;; ~77 ~ c;~V&e/~e"~ Page 1 on Assessment Task Force Application Form . . What skills, strengths, or abilities do you ~eve you will add to the coD1Dlittee? ~~~~'~4~/~~~ List any additional comments. References. 1. Name 2. Name 3. Name J~ .o~ess .A' e t~ ,::- r- Phone No. Address Phone No. Address Phone No. Please return this form along with your current resume to: Attn: Deputy Clerk City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Phone: (651) 634-5130 Fax: (651) 634-5137 Assessment Task Force Application Form Page 2 of2 .. . . e I. Mayor: ~ 1245 W. Highway 96 Beverly Aplikowski ~HILLS Arden Hills, Minnesota 55112 Council Members: 651.634.5120 David Grant Arden Hills City Council Brenda Holden Gregg Larson Tuesday Lois Rem July 8, 2003 SPECIAL Work Session City Vision A strong conununity that values our unique environment, our fiscal soundness, and our tradition as a desirable olace io which to live, work, and olav. Meeting Convenes 7:00 a.m. AGENDA 1. TCAAP Planning: Phase I Presentation 2. TCAAP Planning: Phase II Discussion 1_