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HomeMy WebLinkAboutCCP 04-12-2004 Mayor: Beverly Aplikowski ~ /],\~HILLS Arden Hills City Council REGULAR MEETING Monday April 12, 2004 1245 W. Highway 96 Arden Hills, Minnesota 55112 651.634.5120 www.ci.arden-hills.mn.us Councilmembets: David Grafit Brenda Holden Gregg Larson Lois Rem City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. APROV AL OF MINUTES A. March 29, 2004 City Council Meeting 3. CONSENT CALENDAR A. Claims and Payroll B. Authorize Purchase of a Projector for Council Chambers C. ReSOlution 04-36 Amending the Flexible Spending Account Plan to Make it HIPP A Compliant Those items listed under the Consent Calendar are considered to be routine by the City Council rod will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the item will be removed from the general order of business and cons"idered separately in its normal sequence on the agenda. 4. PUBLIC INQillRIES/INFORMATIONAL Public Inquiries/Informational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 5. PUBLIC HEARINGS A. 6. NEW BUSINESS Arden Hills City Council Agenda April 12, 2004 Page 2 A. Planning Case 04-08: Clutch and U-Joint, dlb/a Proven Force; Special Peter Hellegers Use Permit for 3785 Lexington A venue North B. Recycling Joint Powers Agreement. Peter Hellegers 7. Unfinished Business A. Resolution 04-35, Approving a Sign Location on North Snelling Tom Moore CITY COUNCIL REPORTS A. Councilmember Holden B. Councilmember Grant C. Councilmember Rem D. Councilmember Larson E. Mayor Aplikowski ADJOURN e e . ~ ~~HILLS DRAFT CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MARCH 29, 2004, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE CALL TO ORDERJROLL CALL Pursuant to due caIl and notice thereof, Mayor Beverly Aplikowski called to order the Regular City Council Meeting at 7:04 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Lois Rem, and Brenda Holden. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Assistant City Administrator, Aaron Parrish; Director of Operations & Maintenance, Thomas Moore; Finance Director/Treasurcr, Murtuza Siddiqui; City Planner, Peter Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Councilmember Holden requested item 6F be pulled from the agenda and discussed at a future Work Session. Councilmember Larson requested the update TCAAP Work Session scheduled for the end of the Regular Council Meeting be moved up to item 6I. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to pull item 6F from the agenda to be discussed at a future Work Session. The motion carried unanimously (5-0). MOTION: Councilmember Larson moved and Mayor Aplikowski seconded a motion to approve taking up consideration of Resolution No. 04-34 along with the TCAAP update to item 61. The motion carried (4-1) (Councilmember Grant). MOTION: Councilmember Grant moved and Councilmcmber Larson seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 1 lEarthlAdminlCOlllicillMinuteslRegular\2004 103- 29-04 .doc ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 . , ; 2 e 2. APPROVAL OF MINUTES A March 8, 2004 City Council Meeting B. March 15, 2004 City Council Work Session Councilmember Holden requested the following changes: None. Councilmember Grant requested the following changes: Page 7, March 8, 2004 Council Meeting Minutes, last paragraph second sentence should read: "He expressed concern that this Resolution made it seem as if everything occurred at Mounds View High School, and he noted the events also occulTed at Irondale High School and not just Mounds View High School." Councilmember Rem requested the following changes: None. Councilmember Larson requested the following changcs: Page 8, March 8, 2004 Council Meeting Minutes second paragraph, last sentence, delete "the City was" and insert "that Councilmembers were". Page 9, March 8, 2004 Council Meeting Minutes under his Council Report, change "Chiefs" to "Chief'. Page 3, March 15,2004 Council Work Session, his Council Report should read: It was reported that the Legislative Commission on Public Emplovee Pension recommends... Page 2, March 15, 2004 Council Work Session under 2E add a sentence ,. to read: The Council agreed to retain the broader Human Rights Day. ., Mayor ApIikowski requested the following changes: Page 6, March 8, 2004 Council Meeting Minutes last sentence, change Mr. Wolfe to Ms. Wolfe. Ms. Wolfe requested the following changes: None. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the March 8, 2004 City Council Meeting and the March 15, 2004 City Council Work Session Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR e. Claims and Payroll Resolution No. 04-28, Supporting the Enactment of a Street Utility Fee Resolution No. 04-32, A Resolution Rescinding Special Use Permit 93-24 Resolution No. 04-33, Approving a Charitable Gambling Premises Permit for the Light Brigade at McGuire's Approve Payment No.2 for Booster Station Rehabilitation Project in the amount of $11,447.50 Approve Payment No. 2 for Lift Station #7 RehabiJitationlKarth Lake Pumping Project in the amount of$102,850.80. . a. b. c. d. f. e e . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 3 MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 4. PUBLIC INQUlRIES/INFORMATIONAL None. 5. PUBLIC HEARINGS None. 6. NEW BUSINESS A. PLANNING CASE 04-03: PAUL SPENCER, 1863 LAKE LANE, VARIANCE Mr. Hellegers stated the applicant was requesting a variance of 19.80 feet from the principal structure rear yard setback and a variance of 13.30 feet from the principal front yard setback. The variance would allow the applicant to approve the front porch entry, and also to construct an attached two-car garage to replace the existing attached single-car garage. Mr. Hellegers indicated the Planning Commission reviewed this and made the following recommendations: I. The circumstances for which the variances are requested are unique to the property. 2. Granting of the variances would be in keeping with the spirit and intent of the City's Zoning Ordinance. 3. The property in question could not be put to a reasonable use without the granting of a vanance. 4. The hardship was not created by the owner. 5. Granting the variance would not alter the essential character of the neighborhood. Paul Spencer, applicant, thanked the Council for considering his plans. Councilmember Grant asked if they planned to put in a basement under the garage. Mr. Spencer replied the basement would not be under the garage, just under the addition. Councilmember Grant asked if they would have any egress windows in the new addition. Mr. Spencer replied there would be one egress window in the basement of the addition. MOTION: Councilmember Larson moved and Councihnember Grant seconded a motion to approve Planning Case 04-03: Paul Spencer, 1863 Lake Lane, Variance with the conditions as noted in staffs March 29, 2004 report. The motion carried unanimously (5-0). ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 B. PLANNING CASE 04-06: MSP COMMERCIAL, 3130 CLEVELAND AVENUE, MASER AND FINAL PLANNED UNIT DEVELOPMENT (PUn) Mr. Rellegers stated the applicant was requesting approval of a Master and Final Plan Plauned Unit Development (PUD) to construct a new officelmedical building. Discrepancies from the Neighborhood Business District Standards include: a clinic use in excess of 3,000 square feet (7,368 gross square feet proposed), parking setbacks which are less than the 20 foot standard (12 feet to the west, 16 feet to the south), and the use ofEFIS as an exterior material (currently not allowed in the NB District). Authorization for the Mayor and City Administrator to execute the attached easement forms and Planned Unit Development PermitlDevelopment Agreement has also been requested. MI'. Rellegers noted the Planning Commission had requested the City Engineer to take another look at the plans to verify that the drainage area at the northwest comer of the property would not adversely affect neighboring property owners. The City Engineer had reviewed the plans a second time and confirmed that the drainage area should not adversely affect neighboring property owners. Mr. Rellegers stated the Planning Commission reviewed this case and recommended approval subject to the following conditions: 1. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 2. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 3. The building and attic shall be sprinkled. 4. The applicant shall submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one year from the date of installation prior to the issuance of a building permit. 5. The applicant shall obtain all necessary permits from the Rice Creek Watershed District and Ramsey County. 6. The concrete curb and walk at the front entry to the building shall include an ADA compliant curb cut and ramp. 7. Decorative lighting as approved by City staff shall be required for parking lot lighting. 8. Two freestanding monument style signs, not to exceed 60.5 total square feet total, shall be allowed on the property. The signs shall be located so that a clear vision triangle is maintained. 9. A revised grading and drainage plan responsive to the issues outlined in the February 17, 2004 Memo from the City Engineer be submitted to the City Engineer for his approval. 10. The applicant shall provide and install a 6-foot wide bituminous trail along the public right-of-way on Cleveland A venue and County Road D. II. The applicant shall provide a 15' x 15' sign easement for gateway signage near the intersection of County Road D and Cleveland Avenue. 4 e e . e e . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 5 12. A bicycle rack shall be provided as indicated on the Site Plan from Genesis Architecture and received by the City on February 4,2004. 13. A PUD Permit and Development Agreement shall be approved by the City Council prior to the issuance of a building permit. 14. Parking lot lighting be revised and submitted to the City Planner for approval prior to issuance of a building permit. Councilmember Holden asked ifthere would be any PET scans used at this facility and ifthere would be radioactive isotopes used. Dick Zehring, President MSP Commercial, stated there would be a CT scan, but he did not know the specifications. He also believed they would have an MRl scan. He did not know if there would be a PET scan used, but there would be shielding in the walls. Councilmember Larson asked why they chose to use materials that were different from the Ordinance. Mr. Zehring replied they were different, but it was essentially all masonry. He stated he believed the stucco material and the color variations "dressed up" the building more. Councilmember Larson expressed concern about the building materials and the deviation from the Ordinance. He stated he would like to see brick on the building. He indicated it was not consistent with the building materials in the Zoning Code. He requested they come back and use the materials asked for. Mr. Zehring replied they took the previously approved project, which included these building materials, and made massive improvements. He noted their current construction schedule would not permit them to come back. He stated they had made a commitment to the radiology group that they could occupy the building by a certain date, and if they did not move in on that date, they would not be able to build on that site. CounciImember Holden stated this was a nice win-win situation for the neighborhood and stated she was in favor with the building as it was. Mark McGuire, 2030 Glen Paul, stated the neighbors would like to recommend approval for this PUD. He believed this was a good development and was a much better development than what was previously approved. He noted this was a onc-story building that was better screened, which were the two main points the neighbors wanted. He noted there was a residential home to the north that was stucco and he believed the materials would fit in well with the neighborhood. He thanked the developer for working well with the residents. He asked the Council to consider the neighbor's wishes and approve this PUD. Mayor ApIikowski stated at this point, she bclieved they would be remiss if they changcd the building materials when they had been previously approved. She believed this building would fit into the neighborhood and it had the support of the neighborhood. She stated she was going to vote in favor of this. Councilmember Larson asked why they could not use brick instead of stucco. Mr. Zehring replied it was a matter of time as well as economical restraints. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 6 e MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve Planning Case 04-06: MSP Commercial, 3130 Cleveland Avenue; Master and Final Planned Unit Development (PUD) with the conditions as noted in staffs March 29, 2004 report. The motion carried unanimously (4-1) (Councilmember Larson). c. PLANNING CASE 04-02: SPECIAL USE PERMIT SOPHOMORE DORM BETHEL COLLEGE; 3900 BETHEL DRIVE; (SUP) MASTER PLAN AMENDMENT; NEW Mr. HelIegers stated the applicant was requesting approval of an amendment to their Special Use Permit (SUP) Master Plan, a Site Plan review, and height variances to allow for the construction of a new 4-story dormitory on the northeast portion of the campus. Mr. HelIegers indicated subsequent to the Plauning Commission meeting, the applicant submitted a revised planting schedule which included additional caliper inches of trees. The total caliper inches on the revised planting schedule include some of the plant materials currently on site. This is consistent with the requirements for landscape plans. He noted while the total caliper inches had been increased to meet the City's overall caliper inch standards, the minimum percentages oftrees in various size ranges do not meet the City's standards. e Mr. HelIegers stated the Plauning Commission reviewed this case and recommended approval subject to the following conditions: 1. The applicant shall continue to abide by the conditions of approval as stated in the approved Special Use Permit (SUP) and Master Plan and subsequent SUP Amendments. 2. The applicant shall permanently maintain a 60-foot clearance around the entire building. 3. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. 4. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 5. Revised utility, grading, drainage, and erosion control plans shall be submitted to the City Engineer for approval prior to the issuance of a building permit. 6. Standpipes shall be required in the proposed dormitory. 7. The applicant shall verify the location of the F.D.C. 8. The F.D.C. shall be located within 150 feet ofa fire hydrant. 9. Thc applicant shall submit a landscapc performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. . 10. The applicant shall submit a revised landscape plan and planting schedule to comply with city landscape standards which shall require approval of the City Planner prior to the issuance of building permits. e e e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 7 11. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities. Copies of such permits should be provided to the City. Bruce Kunkel, Bethel Vice President Student Services, stated this was an important project for Bethel and was consistent with the Master Plan. He noted they had received approval from the Rice Creek Watershed District, even though they impacted a small area of the wetland area. He indicated the building was placed where it was to save a forest of trees. He noted, while there would be some trees removed, the majority of the trees would remain. With respect to parking, they would manage the number of spaces given to sophomores to around 150 vehicles. They would manage that number to the existing parking they had on campus and not pave the entire campus. He indicated they did not see an impact to traffic or parking with this development. Councilmember Larson ask6d how many additional students did they anticipate with this development. Mr. Kunkel replied he assumed it would bring the enrollment somewhere to 2,850 students, which would be approximately 200 additional students. He indicated in the foreseeable future, their goal was to keep the enrollment under 3,000 students. Councilmember Graot thanked them for minimizing the amount of traffic coming into campus with this proposed development. He asked if there would be signage on the building. Mr. Kunkel replied they would not have signage on the building, but the building would be seen from Hamline Avenue. However, it was still a heavily wooded area. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Plauning Casc 04-02: Bethel College, 3900 Bethel Drive, Special Use Permit (SUP) Master Plan Amendment and site plan subject to the eleven conditions of approval as listed on staffs report to the City Council dated March 29, 2001. Also, approve the height variances of 8 feet for the overall mass of the building height, 1.5 feet for the elevator penthouse, and 17 feet for the architectural feature. The motion carried unanimously (5-0). D. RESOLUTION NO. 04-29. APPROVING SIGN LOCATION ON NORTH SNELLING Mr. Moore stated in the fall of 2003, the Operations and Maintenance staff installed a "Local Traffic Only" sign on the west side of North Snelling Avenue, 25 feet south ofthe North Heights Lutheran Church entrance. The purpose of this sign was to help reduce the flow of traffic on North Snelling Avenue after events/services held at North Heights Lutheran Church. Mr. Moore indicated that the Ramsey County Sheriffs Department had notified the City that they will not enforce this signage lmtil the City Council approves its placementlinstallation. Mayor Aplikowski asked what "Local Traffic Only" means. Mr. Parrish replied only residents or visitors to a resident were allowed to drive through the neighborhood. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 8 e Councilmember Larson asked instead of a "Local Traffic Only" sign, maybe they only needed the sign that stated "No Right Turn". He pointed out that two signs in that area was confusing. David McClung, 4370 North Snelling Avenue, stated he supported this "Local Traffic Only" sign. He noted the problem was the people turning right out of the North Heights property. He stated he did not believe there was currently a problem with people exiting off of Highway 96 onto Snelling A venue to get to Hamline Avenue. He stated the problem was the traffic leaving North Heights Church. He noted the question was the enforceability of the sign. He encouraged thc Council to look at the issue of the "No Right Turn" sign and make it enforceable. Councilmember Aplikowski asked how many other signs in the City did the Council need to pass Resolutions on that were currently not enforceable. Mr. Filla stated it was required by State law that all signs be approved by the City and most cities approved all of their signs with one motion. Councilmember Holden stated she wanted a "Local Traffic Only" sign in this location. Mr. Parrish suggested the following be added to the Resolution: Third Whereas, a "No Right Turn" sign is a condition of North Heights 1984 Planning and Development approval and NOW THEREFORE, be it resolved that the City Council approved the placement of the "No Right e Turn" sign as generally outlined on Exhibit A. Mayor Aplikowski stated she would not agree to this. MOTION: Councilmember Holden moved and CounciJmember Rem seconded a motion to approve Resolution No. 04-29, Approving a Sign Location on North Snelling, the placement of the "Local Traffic Only" sign on the west side of North Snelling Avenue, in the City's right of way, 25 feet south of the North Heights Lutheran Church entrance. The motion failed (0-5). Mr. Filla stated they could take action on this at their next Council meeting with a new notice and revised Resolution. Mayor ApIikowski stated the motion would stand and requested staff to research the location of the "No Right Turn" sign and bring this back to the Council at their next regular meeting. Councilmember Larson stated he would prefer the "Local Traffic Only" sign be removed. Councilmember Grant asked staff to review this road to see if it is an MSA street and if MSA allow "Local Traffic Only" signs on MSA streets. Mr. Moore replied it was not an MSA street and therefore, would not be an issue. Mr. Filla stated the current "No Right Turn" sign was not up to MnDOT's specifications and therefore, it would need to be brought up to those specifications. e e e e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 9 E. APPROVE POSITION DESCRIPTION, SALARY, AND AUTHORIZE RECRUITMENT FOR THE CIVIL ENGINEER POSITION Mr. Parrish stated as part of the 2004 budget process, the Council evaluated civil engineering services and the advantagcs of hiring an in-house civil engineer. From an organizational perspective, staff is recommending that the position be a direct report to the City Administrator. While the position would report to the City Administrator, it would not be a department head. Mr. Parrish noted based on the most recent Work Session and past City Council discussion, approval of the position description, revised compensation plan, and authorization to recruit to fill the vacancy was being requested. CounciImember Holden asked if this position would be "over" the consultant. Mr. Parrish replied that was one of the job duties. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the position description of Civil Engineer; to approve a revised compensation plan; and to authorize recruitment to fill the vacancy. The motion carried unanimously (5-0). F. EMPLOYEE RECOGNITION POLICY APPROVAL PULLED FROM TilE AGENDA FOR DISCUSSION AT A FUTURE WORK SESSION. G. RESOLUTION NO. 04-30. SUPPORTING THE CONTINUATION OF THE METROPOLITAN RADIO BOARD Ms. Wolfe stated the goal of this Resolution is to support continuation of the board, which provides a method for local control over the regional public safety communication system. MOTION: Councilmember Larson moved and Councihnember Holden seconded a motion to approve Resolution No. 04-30, Supporting the Continuation of the Metropolitan Radio Board. The motion carried unanimously (5-0). H. RESOLUTION NO. 04-34. SUPPORTING THE MINNESOTA ARMY NATIONAL GUARD Councilmember Rem stated the presence of the Guard had been problematic for a long time and she had been thinking about this Resolution for some time. She stated it was important that the City show their support for the National Guard. She noted the Guard had a large presence in the City and believed it was important to acknowledge them as being a large part ofthe City. Councilmember Larson stated he did not have a problem with the Resolution, except for the first Resolved paragraph. He noted that language could become problematic for the City in the ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 10 . future. He suggested the language be changed to: Now Therefore Be It Resolved, that the City of Arden Hills publicly declares its whole-hearted support of our courageous and loyal troops. Mayor ApIikowski suggested striking all of the Resolved paragraphs and state the City supports the mission of the National Guard. Councilmember Holden stated she would like to retain strong Resolutions in this document. Mayor ApIikowski suggested deleting the words "whole-hearted support" and insert "the . . " mISSIOn . Conntilmcmber Larson stated his only concern was that he did not want to "paint the City into a corner" when the City did not have all of the information. He noted everything needed to be balanced against the City's interest also. He wanted the City to be careful that they did not support something when they did not have all of the information. He stated he would support deleting "whole-hearted support" and insert the words "the mission". Councilmember Graut stated they needed to acknowledge that times had changed for both the National Guard and the military as well. He noted they needed to remember that the National Guard was there before the excess property and the National Guard needed to fulfill their mission and build their training center, and the City needed to be a good neighbor and be tolerant of their e plans. He stated he would work with the National Guard in terms of finding a win-win situation. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Resolution No. 04-34, Supporting the Minnesota Army National Guard as amended with the change in the first Resolve paragraph to read: NOW THEREFORE BE IT RESOLVED, that the City of Arden Hills publicly declares it supports the mission of the Army National Guard. The motion carried unanimously (5-0). I. TCAAP UPDATE Mr. Parrish updated the Council on recent TCAAP developments. Mayor ApIikowski asked if the content of the letter was something the Council could support. Councilmember Larson replied he did not have any issues with the letter, but took issue to the first paragraph regarding the City not being supportive of the Guard's current or proposed training activity at AHATS. He requested that sentence be removed until it was more fully understood what the Guard was going to do. He stated he wanted to find out more of what they were proposing to do before they made a statement that they were approving this. He expressed concern that the Guard's uses with respect to their training were not compatible with the land. e Mayor Aplikowski stated she did not want that sentence removed because she wanted to keep discussions open with the Guard. e e . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29,2004 11 Councilmember Larson stated he was neither in support nor against this because he did not have all of the information. He noted the development team should have stopped when they drafted the letter and he believed they got ahead of the City by having further conversations and making comments. He stated he did not know what he was being asked to support because he had not seen it yet. He suggested waiting until they see what they were proposing. Councilmember Grant suggested the following language: "Given the presentation we have been given and our understanding of what the Guard is doing, we are in support of this". Councilmember Holden stated the development team should not have done what they did and right now the City was looking bad nationally. She noled the City did not own this land and the National Guard was going to do what it wanted with the land. She indicated the City had to work with the National Guard. Councilmember Rem expressed concern about the development team's activities. She noted the National Guard had conducted training exercises on this property for years and the City knew what occurred during their training exercises. She agreed that the National Guard was the owner of the property and the City did not own it. She asked how they could ask the National Guard about their future training when the City could not tell the Guard what the City's future plans werc for that area. Mayor ApIikowski stated it was within the realm of acceptability to say they were in support of the National Guard, but the City was concerned about the activity and these were some of the questions they wanted answered. She noted the development team got ahead of the City and the City needed to apologize for that, but the City did still have some questions that they wanted answered. She asked the Council to look at this letter as a business letter. She acknowledged the development team had made a mistake and did this without the City's knowledge. She noted she had spoken with the National Guard about the questions in the letter and they were expecting the questions. However, she indicated she did not have any objections to taking out the questions and keeping the discussions open with the Guard. Ms. Wolfe stated this letter was drafted as a starting point and was not intended as a final draft. As far as the wording to what the development team did, the information staff had was not first hand information and therefore, the letter was guarded regarding this. Mayor ApIikowski asked ifthe Council wanted to send the letter. Thc Council made changes and revisions to the letter for staff to redraft. J. APPROVE THE REVISED SCOPE OF SERVICES FOR TCAAP PHASE III PLANNING Mr. Parrish stated at the March Work Session, the Council was presented with a proposed rcvision to the scope of services with DSU. He indicted in July 2002, the City Council approved a Scope of Services Agreement with DSU and a team of sub consultants in order to create a ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 12 e master plan for the TCAAP property. The planning was divided into five phases. The first two phases, which included an analysis of the site and the development of vision and goals, has been completed. The budget in the currently approved scope of services agreement is $483,770. He noted that an additional $26,535 would need to be approved in the interim agrccment budget to account for the revised scope. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Revised Scope of Services for TCAAP Phase III Plauning conditioned on approval of the necessary budget amendment to the exiting interim development agreement with CRR, Incorporated. The motion carried unanimously (5-0). Councilmember Holden asked how they could work better with the development team to improve communications and be guaranteed something like this did not happen again. Ms. Wolfe stated she and Mr. Parrish had discussed with the development team regarding their recent activities and had informed them that this would not he allowed. She noted she had told them that they did not represent the City and could not be acting on behalf of the City. Councilmember Rem stated this was not the first time they had these types of problems with the development team and she believed it was in their best interest to simply drop them at this time e even though they were already into this process. She stated she did not believe it would be difficult or time consuming to find another developer to work with them. Councilmember Larson acknowledged the development team had made a mistake, but believed it would be a rash decision to drop them at this point. He noted everyone had invested a lot of time and money in this. He stated he wanted to hear what the development team had to say about what happened. Councilmember Grant stated the development team had made a mistake and it was important that the development team was informed that another mistake like this would not be allowed. However, he did not believe they should look for another developer at this time. He requested the development team be informed that they had to work with the City on everything and they could not act on behalf of the City without the Council's permission. Councilmember Holden agreed with Councilmember Grant. She noted the City had to be kept informed of everything the Development team was doing. She expressed concern that the City was losing control over this. Councilmember Grant stated he believed the development team had some "bridges to mend" with the Congressional delegation. Mayor ApIikowski stated she believed they needed an open meeting with the development team to discuss all of these issues. She expressed concern that there was a lot of distrust with the development team right now and asked how that trust could be built up again. e e e e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 13 Councilmember Larson acknowledged the fact that there might be times that the development team needed to make fast decisions, but he did not believe the letter they sent to the National Guard was one of those times. Mayor Aplikowski stated the development team needed to be informed that they could not write letters on behalf of the City. The development team could make suggestions, but staff had to draft any letters. She suggested the Tuesday meetings be rescheduled to when more Councilmembers could be in attendance. She stated they needed to establish what kind of a working relationship they had with the development team and make that relationship clear to the development team. Conncilmember Holden asked what kind of consequences the development team would have if this happened again. Mayor Aplikowski stated she believed this was two strikes against them, and if there was a third strike, they were out. She requested this be made clear to the development team. Conncilmember Larson believed the Council should have a meeting with the development team to find out what happened and figure out what was going to be done differently in the future. Mayor Aplikowski asked if the Council was comfortable having staff relay these messages to the development team. Mr. Parrish replied he believed it was beneficial to have Council be involved in this process and it would be helpful to have everyone in the same room to discuss these issues. Councilmember Rem stated she believed Council should be at a development team meetihg and not rely on staffto convey their messages. Mayor ApIikowski directed staff to schedule a development team meeting for Monday, April 12'h at 5:00 p.m. Mr. Filla stated the agreement will expire October 14, 2004 and there had been a request to extend the time period, but the City had not agreed to this yet. He noted this might explain why the pressure was mounting. 7. UNFINISHED BUSINESS A. RESOLUTION NO. 04-31. SUPPORTING HUMAN RIGHTS Ms. Wolfe stated at the March 8, 2004 meeting, the City Council reviewed ajoint Resolution supporting human rights, which was prepared for consideration by all communities within the Mounds View School District. During that discussion, Council determined that they were interested in also adopting a specific Arden Hills policy, which would expand on the City's commitment to supporting human rights and specifically outline a list of efforts they will ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 14 e undertake to promote that support. She indicated the City Council had discussed the initial draft of the Resolution at the March 15 Work Session. Changes suggested at that meeting had been incorporated into the proposed Resolution. Once adopted, the initiatives outlined in the Resolution will be finalized in the work plan and implementation will begin. Mayor Aplikowski stated she had a concern with signing a Proclamation every year. Otherwise she did not have a problem with the Resolution. She stated she was not in favor of the Council issuing Proclamations. However, she would agree to change the word Proclamation to Resolution. The Council agreed with Mayor Aplikowski's suggestion. MOTION: Councilmember Larson moved and Councilmember Rem seconded a motion to approve Resolution No: 04-31, Supporting Human Rights as amended. The motion carried tmanimously (5-0). B. JOINT CITY HUMAN RIGHTS RESOLUTION Ms. Wolfe stated the City Council has seen and discussed earlier versions of the Resolution. The most recent changes requested by the City of Arden Hills has been incorporated into the draft Resolution. She indicated the City of Vadnais Heights had adopted the joint Resolution. She e requested the Council authorize the Mayor sign a joint Resolution with the cities of Mounds View, New Brighton, North Oaks, Roseville, Shoreview, and Vadnais Heights. The Resolution clearly states that the City is committed to individual, joint, constructive, and peaceful responses to acts of terrorism and racism in the community. It further recognizes that, while were are no easy formulas to eliminate both terrorism or racism, we will continue to work together with the appropriate law enforcement agencies to protect the well-being of every person subject to such threats; and affirm that we hereby commit ourselves and our honor to the effort to eliminate terrorism and racism and to protect the freedom and safety of each person at the Mounds View Schools and in our communities. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the Joint City Human Rights Resolution and authorize the Mayor to sign the Resolution. The motion carried unanimously (5-0). CITY COUNCIL REPORTS Ms. Wolfe - Stated there was a request from MNDOT to have a City representative for the 1-35 study. She asked if any Councilmembers would be interested in this, or else someone from staff could attend. Councilmember Larson stated he would volunteer to be the City representative. Councilmembcr Holden - Requested a six-month evaluation of the City Administrator per her e contract. She thanked Mr. Moore for arranging with Xcel Energy to address resident's concerns regarding tree cutting and removal. ~ e e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MARCH 29, 2004 15 Councilmember Grant - Stated the Assessment Policy Task Force met recently and they were looking at a unit assessment. He stated their next meeting was Thursday, April I. CounciImember Rem - Stated Mounds View High School was having a first meeting of their task force on Tuesday, April 6. Councilmember Larson - Stated the Relief Association was having a training session this Wednesday, March 31 at 6:30 p.m. He reiterated that he did not believe it was good practice to keep giving building variances on materials, but if he was the only one that felt this way, they might want to consider changing the Ordinance. Mayor Aplikowski - Stated Councihnember Larson's concerns regarding building variances for materials should be discussed at a joint Plauning Commission Work Session with the Council. She requested staff set up this meeting. She stated Guidant had received the loan of $250,000 from the Department of Economic Development. She thanked staff for their assistance with this loan. She stated the Irondale Band had requested a letter signed by the Mayor for their project, which she would sign unless there were any objections. There were no objections to this request. Mayor Aplikowski adjourned the Regular City Council Meeting at 10:31 p.m. Beverly Aplikowski Mayor Michelle Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, April 12, 2004 at 7:00 p.m. in the Arden Hills Council Chambers. The Council Meeting will be preceded by a Special Work Session at 5:00 p.m.. e ~ ~HrLLS City Council Action Request Form Agenda Item #: 3.A. Council Meeting Date: ADri112. 2004 Prepared By: Murtuza Siddioui '",..1 Originating Department: Finauce Budgeted Amount: Actual Amount: Final Action Needed By: ADril12. 2004 Item Description: Uaims & Payroll Council Action Request: Review and approve consent agenda item 3.A. - Claims and Payroll. Staff Recommendation: Approve consent agenda item 3.A. - Claims and Payroll. Advisory Commission Action: o Planning o PTRC Date Date Action: DReviewed Action: DReviewed DApproved DApproved DDemed DDemed e Supporting Documents: o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: [8] Other: Financial Implications: Payroll #7 - Total payroll cost $48,376.95 Claims - Total $180,338.41 e AdministratorlStaff Comments: PAGE10F2 CITY OF ARDEN HILLS ACCOUNTS PA Y ABLE CLAIMS REPORT TO BE APPROVED AT 04/12104 COUNCIL MEETING e CLAIMS PAID SINCE LAST COUNCIL MEETING (03129/04) <'i:lt#"'I'ti"'Mit'l<vmooljc;' ,.,.,....,.,..,....""',,,"'<<<<T""'ilWll>i1"" ,','cOJiWiimi""'.. 24860 OJ126/04 Dept of Administration 1794.43 Phone Service 24861 OJ/31/04 Acclaim Benefits 243.36 Medical/Davcare Reimbursement 3/26/04 Admm ProfeSSIOnal's Workshop-Gritz, Silsetb, 24862 03/31/04 Century ColJe2e 105.00 Sweeney 24863 03/31/04 EuCom Midwest, lnc 11,447.50 Pav #2-Booster Station Rehab 24864 04/02/04 Berbee Information Networks 2,571.84 Network Support 24865 04/02/04 Brenda Davitt 1.155.00 Finance Advisor-O I /ll-03/18/04 24866 04/02/04 HaDov Faces Entertainment 3000 Final Pvmnt-F..aster Bunny 24867 04/02/04 Xcel Energy 1.063.66 Electric/Gas Purchases 24868 04/05/04 leMA Retirement Trust-457 1,315.86 First April Payroll 24869 04/05/04 Coverall of the Twin Cities 1,238.60 City Hall Cleanin2 24870 04/05/04 Affinity Plus Federal Credit Union 2,988.87 First April Payroll 24871 04/05/04 Northern Escrow 40 968.02 PaV#2.Lift#7/Karth Lake (Jess Ievv 10 IRS) 24872 04/05/04 US Treasurv 61 882.78 IRS Levv.lav Bros. I Subtotal. Paid Claims 126,804.92 I e Paid Claims From Above- 126,804.92 Add Unpaid Claims, Page 2- 53533.49 Total Accounts Payable Claims for Council Approval, 04/12/04- 180,338.41 Note: Checks for Wlpaid claims totaling $237,13 t .79 were mailed March 30, 2004 after approval at the March 29,2004 Council Meeting. They were check numbers 24775-24859. '"Exp. Related to TCAAP Project. ....!yI-I"'~1 . e e e PAGE20F2 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/12/04 COUNCIL MEETING UNPAID CLAIMS REGISTER: ::<t~i#.>f:::ci{i:6~'iE} ::)l~I~)'R/.:: ..:'.".:';".:-:':';-:"::::::::::<:>>):::)):~~(h~~:::k (:~~jEJtfS:::. 24873 04/13/04 JO,OOO Lakes Chanter ofrCC 60.00 Class"Nordeen-04/l5/04 24874 04/13/04 Acclaim Benefits 141.20 FSA Admin-March 24875 04113104 American Water Works Association 124.00 One Year Membershin..Moore 24876 04/13/04 Anderbum-Lund Printing Co. 3,299.37 SnrimuSummer Rec Guide 24877 04/13J04 Andrews, Aaron 89.99 2004 Unifonn Purchase 24878 04113104 Animal Control Services, Inc 441.13 Dog/Cat Enforcement-Mar 24879 04113104 Aramark Uniform Service 40.21 RUI! Cleaninll-Citv Hall 24880 04/13/04 Beisswenner's How-To Store 4.35 ShOD SUPDlies 24881 04113/04 Bell Fred 14.70 2004 Unifonn Purchase 24882 04113/04 BFI ofMinnesot" Inc. 401.03 Waste Removal-CH/O&M-Anril 24883 04113/04 DRKW Annraisals lnc 2,500.00 Annraisal Svcs-Hwv 96 & West RLR 24884 04113/04 Construction Bulletin Manazine 263.58 Ad for Bids-Street Sign Replacement 24885 04113/04 Cornorate Exnress ],145.53 Office StinnlieslConv Paner 24886 04113/04 DS Productions 1,095.68 Cable Enuinment RenairlInstall 24887 041l3/04 EIectro Watchman, lne 2.130.00 Alann Service-O&M 4/01.5131/04 24888 04113/04 Fortis Benefits 592.66 Lon"/Short Tenn Disabilitv Insurance 24889 04113/04 Frattallone's Hardware Ine 122.44 Shan SunnlieslHardwarelSmall Tools 24890 04113/04 Grainper, Inc 46.08 Safety EvewearlLamns for Water Tower 24891 04/13/04 Ideal Advertisino Promo Items 3,192.00 Recreation Staff Shirts 24892 04/13/04 Johnson Controls 601.95 Renair Leakinl:! Actuator Valve-CI I 24893 04/13/04 Kath Auto Parts 281.55 Filters/Cleaner/Shon Sunnlies 24894 04/13/04 Moore, Thomas 271.31 Mileal:!elExnense Reimbursement 112&.3/18/04 24895 04113/04 Nexte] Communications 626.72 Cellular Phone Service 24896 04113/04 Pace Anal"tical 644_12 Water Tcstin:l2:-Citv and Guidant Proiect 24897 04/13/04 PG Paintinp- & Decoratino- 286.00 PaintinlI-CH Water DamalIe 24898 04/13/04 Purchase Power 1,000.00 Postaoe~Meter Ramsev Countv Mar ~~w Enforcement (less 2003 Reconciliation 24899 04/13/04 18,027_82 Credit and Annual Bridge Insnection Fees 24900 04/13/04 Re"ional Mutual Aid Association 1800 Annual Membcrshio-RMAA 24901 04/13/04 Safetv-Kleen 125.50 Hazardous Waste DisnosaJ 24902 04/13/04 Sensible Land Use Coalition 40.00 Conferenee-4/28/04- Wolfe 24903 04/13/04 ServPro 9,880.00 Insurance Deductible-Water DamalIe-CH 24904 04113/04 SRF Consultin'" Graun, Ine 5,341.14 TCAAP ProfSves throuo-h 2J29/04 24905 04/13/04 Sun Shower 537.78 Yard Renair-1253 Inl:!erson-2003 PMI' 24906 04/13/04 TimeSaver Off Site Secretarial ]47.65 Ree See~P&R.3123/04 I Subtotal - llnpaid Claims - Page 2 53.533.49 I N iii ~ 0 .. 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'" 0- W S ~ c " " ~ ~ ",;.;{ 0::: .0- . g Q <( ...~ ~ ij .~ u.. u :~ 0 >- M V ~ ~ N .~ !::: ..;i. :':6 0 ;; ;; ;; ;; :::~ 00 ::p: :};'~ :2 0 0 0 :2 ::S U e e ~ ~HiLLS City Council Action Request Form Agenda Item #: 3B Council Meeting Date: ~ril12'1;JJ Prepared By: Originating Department: Admin Budgeted Amount: N/A Actual Amount: $3701.94 Final Action Needed By: N/A Item Description: Authorize Purchase of a Projector for Council Chambers Council Action Request: Consider authorizing the purchase of a projector for the Council Chambers Staff Recommendation: Authorize purchase of a projector for the Council Chambers Advisory Commission Action: D Plauning D PTRC Date Date Action: DReviewed Action: DReviewed DApproved DApproved DDenied DDenied Snpporting Documents: e D Memo/Letter: D Resolution (No. D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: ~ Other: Estimate Financial Implications: This purchase represents an un budgeted purchase of equipment within the cable fund. The cable fund has a sufficient fund balance to accommodate the purchase. . AdministratorlStaff Comments: The light bulb burnt out on our current projector. In the process of looking for a replacement bulb, it was determined that the necessary bulb is no longer available. Sending the current bulb infor reconditioning was evaluated as an option, however, it would be approximately $1000 per reconditioning and require that the projector not be available for extended periods of time. As such, the cable technician is recommending replacement of the projector. The current projector will be sold for parts DS Productions P.O. Box 581335' Minneapolis. MN' 55458-1335. (612)308-4997 Invoice #10161 3/9/2004 e SHIP TO: Ken Gammel City of Arden Hills 1245 W. Highway 96 Arden Hills, MN. 55112 City of Arden Hills Alln: Arron Parrish 1245 West Highway 96 Arden Hills, MN 55112 PAYMENT BY Check I I AmI. enclosed I I IArriva/ for Setupl Teardown INA I Credit card 1 I Card type I 1 IShow Times INA I Card number 1 I Location Of Event NA On account 1 I Account no. 15010 I Ship via DelivelY COD 1 1 I Date Of Event Tax exempt I I Exemption no. II I I Date ordered I I P t P r NET 10 avmen o ICY: mMNO. DESCRIPTION UNIT QTV. UNIT COST TOTAl AMOUNT Materials NEC L T260 Projector 1 3,476.00 3,476.00 SUBTOTAl 3,476.00 Tax rate ~ % Tax 225.94 Ken Gammel Delivery Ordered by Labo Paid TITAl DUE 3,701.94 e SPECIAlINSTRUCTIINS All material is guranleed 10 be as specified. All work is to be corrpleled in a workmanlike manner according \0 standard practices. Ally alterations or deviations from the above specifications involving extra costs will be executed only upon wrilten orders, and will become a extra charge over and above the estimate. All agreements contigenl upon strikes. accidents or delays are beyond our control. Owner to carry fire, wind damage. and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Equipment Received By Date e e ~ ~HiLLS City Council Action Request Form Agenda Item #: 3C Council Meeting Date: A ril12 2 Prepared By: AP Originating Department: Admin Budgeted Amount: $0.00 Actual Amount: $0.00 Final Action Needed By: Anril12. 2004 Item Description: Resolution 04-36 Approving an Amendment to the Flexible Spending ACCOUllt Plan to Make it IIIPPA Compliant Council Action Request: Consider approval of Resolution 04-36 approving an amendment to the flexible spending account plan to make it HIP P A compliant Staff Recommendation: Approve Resolution 04-36 approving an amendment to the flexible spending account plan to make it HIPPA compliant Advisory Commission Action: e o Plauning o PTRC Date Date Action: DReviewed Action: DReviewed DApproved DApproved DDenied DDenied Supporting Documents: o Memo/Letter: [Z:;J Resolution (No. 04-36) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: N/A _ AdministratorlStaff Comments: ,., HIPP A requires that certain health and benefit information remain private. To modify our flexible spending account plan to be in compliance with HIPPA regulations, our plan administrator, Acclaim Benefits. has requested that the attached resolution be adopted. ~ ~HILLS . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION No. 04-36 A RESOLUTION AMENDING THE FLEXIBLE SPENDING ACCOUNT PLAN TO MAKE IT HIPP A COMPLIANT WHEREAS, the City of Arden Hills currently maintains the Flexible Spending Account Plan (the "Plan"), in order to allow employees to pay for, and to be reimbursed for, certain medical and dependent care expenses on a pre-tax basis; and WHEREAS, the Plan is required to comply with regulations promulgated by the Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) relating to certain privacy requiremcnts, codified at 45 C.F.R. Part 164 (the "Privacy Rule"); and WHEREAS, Section 164.504(1)(2) of the Privacy Rule requires the Plan to be amended by April 14, 2004 in certain respects to be in compliance with HIP AA; and WHEREAS, the Corporation wishes to amend the Plan to comply with HIP AA and the Privacy Rule, e effective April 14, 2004. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arden Hills hereby directs that the Amendment to the Plan be developed and implemented to be effective as of April 14, 2004; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to execute and deliver all documents necessary for the proper implementation of the Amendment to the Plan to ensure that the Amendment hereby approved is in effect as of April 14,2004. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th DAY OF APRIL, 2004. Beverly Aplikowski, MAYOR ATTEST: Michelle Wolfe, ADMINISTRATOR \\Earth\Admin\Council\Resolutlons\2004\04-36, A Resolution Amending the Flexible Spending Account Plan to Make it IDPPA Compliant.doc e .... e ~ ~HILLS City Council Action Request Form Agenda Item #: Council Meeting Date: Prepared By: Originating Department: Budgeted Amount: Actual Amount: Final Action Needed By: 6A ADril 12. 2004 ~~ @) $0.00 $0.00 Mav 4. 2004 Item Description: Proven Force SUP Council Action Request: Consider applicant's request for a Special Use Permit to allow a retail use with a "motorized vehicle service" use at 3785 Lexington Avenue, in the B-3 Business Service District. Staff Recommendation: Staff recommends approval of the proposed special use subject to the finding and conditions of approval as outlined in staffs report to the City Council dated April]2, 2004. Advisory COlDmission Action: e l2J Plauning o PTRC Date Date April 7, 2004 Action: DReviewed Action: DReviewed [gJApproved DApproved DDenied DDenied Supporting Documents: l2J Memo/Lettcr: Staff Report to the City Council - April]2, 2004 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: l2J Other: Special Use Permit 04-08 2003 aerial photograph of the property Financial Implications: e AdministratorlStaff Comments: ~ ~ ~HILLS MEMORANDUM e DATE: April 12, 2004 Agenda Item 6.A TO: Mayor and City Council Peter Hellegers, City Plauner@ FROM: SUBJECT: Case #04-08 Jon Fortney, Clutch and U-Joint B.P. Inc. dba Proven Force Special Use Permit 3785 Lexington Avenue North Requested Action Part 1: The applicant is requesting approval of a Special Use Permit to allow a retail use with a "motorized vehicle service" use at 3785 Lexington Avenue, in the B-3 Service Business District. Part 2: Authorize the Mayor and City Administrator to execute the attached Special Use Permit. e Update April 7. 2004 Plauning Commission Meeting While mceting minutes from the April 7, 2004 Planning Commission were not yet available at the time of this report, the following were items of discussion at the Planning Commission meeting: Planning Commissioners: Reason for relocation from Little Canada to Arden Hills? Applicant: Property owner of Little Canada location needs the building where Proven Force is currently located for the property owner's own business and has asked Proven Force to find a new location. Plauning Commissioners: Would most of the parts that are sold be stored at this facility or would they be stored at a warehouse in another location? Applicant: The most common parts would be stocked at the proposed location so that they could easily be provided to customers. The main warehouse/storage facility for N:\Planning Cases\2004\04-08 Proven Force SUP (PENDING)\04-12-04 CC Report.doc Page 1 of3 . e parts is the Brooklyn Park facility and that location would have the parts that are not as commonly needed. Planning Commissioners: Is the parking sufficient to handle the use? Staff: Proven Force would occupy one of three spaces currently occupied by Sanus Systems. While the applicant's lease does not specifY a cerIa in numher of parking spaces for the use, the current parking spaces appear 10 he sufficient. Subsequent to the meeting staff has reviewed the site plans and confirmed that 81 striped parking spaces are shown on the site plan which was submitted to the City. An aerial photograph of the propcrty from 2003 (attached) indicates approximately 52 cars parked in the lot at that time and 3 trucks at loading docks. The aerial also shows that of those cars parkcd at the time ofthe photograph, only 26 of the 58 spaces in front ofthc building (therefore 26 parked behind or on the side ofthe building; 23 in spaces shown on the plan and 3 illegally parked). Staff has also confirmed that the construction of the service bay doors will not remove any parking spaces from the plan. Furthermore, if the entire property was analyzed using the 'Other Business and Industry' parking standard (which would require II spaces for the applicants proposed use) and taking lI8 of the parking spaces that are shown on the plan; then the number you would come up with would be approximately II parking spaces. Staff believes that this confirms the parking for the site should be adequate to support the applicant's proposed use. . Special Use Permit Document Staff has attached a copy of Special Use Permit 04-08. Copies of the document have been forwarded to the applicant, and the applicant has been asked to have the property owner also review the document. The applicant has indicated that he is comfortable with the Special Use Permit. Planninl! Commission Findinl!s and Recommendation Findings At their April 7, 2004 meeting the Planning Commission reviewed this case and made the following findings: "The Council has considered the effect of the proposed special use upon the health, safety, convenience and general welfare ofthe owners and occupants of the surrounding land, in particular, and the community as a whole and have found that the proposed special use would not adversely affect the surrounding neighborhood and larger community as per the factors as listed in Section 8, D, 3, b of the Zoning Ordinance" (also listed above in section 1). e N:IPlanning Cases\2004\04-0S Proven Force SUP (PENDING)\04-12-04 CC Report.doc Page 2 of3 Recommendation and Conditions of Approval After making the finding listed above, the Plauning Commission recommended approval of the . Special Use Pennit subject to the conditions listed below. The proposed motion is also listed for the Council's convenience. "In Planning Case #04-08, a Special Use Permit to allow a proposed 'motorized vehicle service' use for Clutch and U-Joint Brooklyn Park, Inc. dba Proven Force at 3785 Lexington Avenue, the Council approves the proposed special use subject to the following conditions: I. No construction shall begin before building permits have been issued by the City Building Official. 2. The applicant shall receive approval from the Fire Marshal prior to the issuance of Building Pennits. 3. A Special Use Pennit shall be drafted by the City Attorney and shall be approved by the City Council and executed by both the City Council and the applicant prior to the issuance of a building pennit. (End of motion)." Options 1. 2. 3. Recommend approval as submitted. Rccommend 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 hdditional infonnation. e 4. Deadline for Al!ency Actions The City of Arden Hills rcceived the completed application for this request on March 5, 2004. Pursuant to Minnesota State Statue, the City must act on this request by May 4, 2004 (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 revicw period beyond thc 120 days. Attachments 6A-l Planning Commission report - April 7, 2004 6A-2 Special Use Pennit 04-08 6A-3 2003 Aerial Photograph of Property \\Earth\Planning\Planning'Cases\1004\04-08 Proven Force SUP (PENDING)\04-12-04 CC Report.doc Page 3 of3 . e e e Council Attachment - Avril 12. 2004 6A -1 ~ ~HILLS e MEMORANDUM DATE: April 7, 2004 PC Agenda Item 4.A TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: Case #04-08 Jon Fortney, Clutch and U-Joint B.P. Inc. dba Proven Force Special Use Permit 3785 Lexington AveIlue North Requested Action The applicant is requesting approval of a Special Use Permit to allow a retail use with a .. "motorized vehicle service" use at 3785 Lexington Avenue, in the B-3 Service Business District. .. Backl!round Surrounding Area North Industrial B-3: Service Business District Community Commercial Blue Fox Restaurant Neighborhood Commercial South Industrial B-3: Service Business District (Kennedy Transmission I Good ear) East Commercial Planned Unit Development- Community Commercial (Shoreview) PUD (Su er Tar et) West Industrial B-4: Retail Center District Light Industrial \\Earth\Planning\Planning Cases\2004\04-0S Proven Force SUP (pENDING)\04-07-04 PC Report Proven Force SUP.doc e Page 1 of6 e e e Site Data Industrial Light Industrial B-3: Service Business District 4.24 acres ( 185,000 square feet) N/A Relatively flat. Special Use Permit Overview The applicant is requesting a Special Use Permit to allow a retail use with a "motorized vehicle service" use in the B-3 Service Business District. Rctail is a permitted use in the B-3 Zoning District. Currently, the "motorized vehicle service" use is permitted only after the issuance of a Special Use Permit in the B-3 Zoning district. Applicable Zoning definitions, including "motorized vehicle service", have been included for your review. According to the applicant's March 1st letter, the majority of the applicant's business is selling new clutches, front wheel drive shafts, 4x4 driveshafts, rebuilt differential and transfer cases, u- joints and stubs, and ring & pinion gear sets. The applicant states that the business is primarily wholesale and uscs two delivery trucks to deliver items in the metro, and UPS or trucking lines to deliver products outside of the metro area (outside of metro business is approximately 15%). The remainder of the business, approximately one third, is the repair and installation of drive shafts, ring & pinion set-ups and differential and transfer casc repair. While the majority of the applicant's business would fall under retail or other permitted uses, the repair portion of the business requires the issuance of a Special Use Permit. The applicant states that since the business is fairly specialized, there is not a high volume of vehicles which would be repaired at the facility. The applicant's letter states that the volume usually ranges from zero to four cars a day. Furthermore, the proposed use would only require exterior modification at the west end of the north side of the building to allow four service bay doors for the repair portion of the business. Zoning definitions which may be referenced in this case: Motorized vehicle service. A business that provides rcpair or maintenance services for motorized vehicles including engine repair, replacement of parts and engine service, but does not include body work, painting, factory assembly of vehicles or vehicle wrecking yards. (2,D,99). \\Earth\Planning\Planning Cases\2004\04~08 Proven Force SUP (PENDING)\04-07-04 PC Report Proven Force SUP.doc Page 2 of6 Repair garage. A building or space for the repair or maintenance of motor vehicles, including .- body work, painting, and vehicle wash, and incidental display and sales of automotive products .. but not including factory assembly of such vehicles, auto wrecking, or junkyards. (2,D,58). Retail sales and services. Stores and shops selling, renting, or leasing goods for uses away from the point of sale or offers services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking, department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel, and similar type uses. Motor vehicles sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, and open sales lots are not included in this definition of retail sales. (2,D,I27). Service station. A place where gasoline, kerosene, diesel, or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling, one-bay motor vehicle wash and sale of automobile accessories on the premises. Also including minor repairs, incidental body and fender work, minor painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not excecding one and one-half (1.5) tons capacity. It shall not include major general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; e collision service, including body, frame, or fender straightening or repair; overall painting or paint job. (2,D,133-134). Special Use Permit (SUP) / Site Plan Review The following provides an evaluation of site plan and related requirements based on the attached _ plan set: 1. Special Use Permit Analysis - Finding Required General Requirements Section 8, D, 3, b of the Arden Hills Zoning Ordinance states the City Council and Planning Commission: "...shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of surrounding land, in particular. and the community as a whole, in general, including but not limited to thefollowingfactors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, \\Earth\Planning\Planning Cases\2004\04-08 Proven Force SUP (PENDING)\04-07-04 PC Report Proven Force SUP.doc Page 3 of6 e e e e smoke, dust, air pollution, heat. liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses and structures on surrounding land; adjoining land values; park dedications where applicable, and the orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City." The Plauning Commission must again make a finding as to whether or not the proposed Special Use Permit would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. 2. Sign age - Requirement Met. The applicant has indicated that he intends to install a backlit sign which will be moved from the applicant's Little Canada location. This property is location in Sign District 5 and allows for backlit wall signs with a maximum area of eighty (80) square feet. The applicant has indicated that the signage would comply with the Sign Ordinance regulations. Installation of any sigJlage will be subject to approval of a Sign Permit by the City Planner. 3. Aesthetics - Requirement Met. The only exterior alteration to the building would be the addition of the sign on the east side of the building, and the addition of four (4) service bay doors at the west end of the north side of the building. The service bay doors should be somewhat obscured from view as they are set back more that 200 feet from Lexington Avenue and they would likely not be visible because of the Blue Fox restaurant and the building directly to the west of it. 4. Parking - Requirement met. Potentially applicable parking standards are: Retail: 1 for each 150 sq. ft. of gross retail sales floor spacc. Other Business or Industry: I for each employee on major shift plus 1 for each vehiele used in conducting the business or 1 for each 1000 sq. ft. of floor area whichever is greater. Service Station: 3 for each enclosed bay plus 1 for each employee on peak work shift. Using the standards as listed above; the retail standard would warrant 2-3 parking spaces, the othcr business or industry standard would warrant no more than 11 spaces, and the service station standard would warrant no more than 21 spaces. Staff believes that the other business and industry standard is the most applicable for this particular use. Furthcrmore, the existing parking areas should be sufficient to accommodate the proposed use. 5. Access and Circulation. - Requirement met. \\Earth\Planning\Plannlng Cases\2004\04-08 Proven Force SUP (PENDING)\04-07-04 PC Report Proven Force SUP.doc Page 4 of6 The proposed service bays should not impede access and circulation around the site. There is a fifty (50) foot wide parking and driveway easement along the north line of the property. According to the as-built survey, that would leave just over seventeen (17) feet between the north side of the building and the easement area. e 6. Grading and Utilities. - Requirement met. The property would be serviced by existing utilities (sewer, water, gas, electric, and telephone). Staff Findinl!s and Recommendation Finding Staff recommends making the following finding: "The planning commission has considered the effect of the proposed special use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, in particular, and the community as a whole and have found that the proposed special use would not adversely affect the surrounding neighborhood and larger community as per the factors as listed in Section 8, D, 3, b of the Zoning Ordinance" _ (also listed above in section 1). ,., Recommendation and Conditions of Approval After making the finding listed above, staff recommends approval of the Special Use Permit subject to the conditions listed below. The proposed motion is also listed for the Commission's convemence. "In Planning Case #04-08, a Special Use Permit to allow a proposed 'motorized vehicle service' use for Clutch and U-Joint Brooklyn Park, Inc. dba Proven Force at 3785 Lexington Avenue, the Plauning Commission recommends approval subject to the following conditions: I. No construction shall begin before building permits have been issued by the City Building Official. 2. The applicant shall receive approval from the Fire Marshal prior to the issuance of Building Permits. 3. A Special Use Permit shall he drafted by the City Attorney and shall be approved by the City Council and executed by both the City Council and the applicant prior to the issuance of a building permit. (End of motion)" \\Earth\Planning\Planning Cases\2004\04-08 Proven Poree SUP (PENDING)\04-07-04 PC Report Proven Force SUP.doc Page 50f6 . e 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 rcqucst on March 5, 2004. Pursuant to Minnesota State Statue, the City must act on this request by May 4, 2004 (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 e 4a-1 4a-2 4a-3 Location Maps Statement and materials supplied by the applicant Zoning Ordinance Section 5E: Land Use Chart . \\Earth\Planning\Planning Cases\2004\04-08 Proven Force SUP (PENDING)\04-07-04 PC Report Proven Force SUP. doc Page 60f6 e . e Planning Commission - Avril 7, 2004 Attachment 4a - 1 Lexington Avenue t1 Cf) d ~ z ~ . c o " ~ ~ ~ "'.....:;;'g ~ ~.~ ~ E I~""Rioj) .:::'<:zl.l.._"" ~:E~ ~ <(o;.0g~ ?~I:;; ::n ~. c: "" <> o~~g} ~<(i2~ c: o a.. .......... ~ COCO o::E o -I ~ ..<jz / 1 ~ Q) Q) u. o o ro 0 0 ~ 0 0 "" II = ..- Q) 0 m 0 (f) o o ~ '" C> C> N i- '" :J n '" u. .'39~" 8~~ ~~ig~~~~ ~~~~~;::;~~ 6~1J~~:g:~ t~~ ~~~~~ u'" '-' 0<0 <II '" ... ~0"g.~':, ~ g ;-~:g=2~o "'-~ F '" -,;-"< ~:\l E 'l:'~.l::> ~<I) >", ~ ~&~~15~~ l-~ o41"'~o. OJ ~s~i~ ~~ ~~E'~g~~.",. .. 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Cf) t9 >- C J o U >- <1J '" E OJ tr Qj o ... " o VI e Planning Commission - April 7, 2004 Attachment 4a - 2 e e 10=i~\'U1~"'li"'""Xi(k~''''''_'X~JtM',,,,,;,,,,mt!f;,1rp;4mmifff<;'lt~'''''''!0Jri1%l\=''''=<''='"j~hX?i_%fff(!f".'VP""w"m:;If1W!Yr= ~ ~"__"""""""',"'_i=~_",,,"i;Pl~';W}!$fN::J,:!mfim1J\~'~' ~~. ,$' ~~~""""""'-=<"'<!" [fJ[fJ@wmm = gg=-=g~:) = ::;;:-== ::;;:-=@ ') To City Council & Planning Commission Arden Hills, MN 3/01/04 CLUTCH 8< U-JOINT BROOKLYN PARK. INC. 747.4COUNTYROADBl NORTHe BROOKLYN PARK. MN 55428 763-425-7474 800-444-0755 Fox 763-424-4722 www.provenforce.com I would like the City to consider a request for a zoning ordinance amendment to Section 5E, the Land Use Chart, of the Arden Hills Zoning Ordinance to allow a motorized vehicle service use through the issuance of a special use permit in the B-4 Retail Center District. If my request were approved, I then would request a Special Use Permit for a motorized vehicle service in the B-4 Retail Center District so that my business can operate at 3785 Lexington Avenue. Proven Force is the present marketing name of Clutch & U-Joint started in 1974 servicing heavy-duty driveline in the trucking industry. Over the years, the company changed its marketing toward the automobile and light duty truck market. Initially the company serviced the market with rebuilt clutches and now sells new LuK clutches to the trade. The Company has three locations in the metro area- Bloomington, Brooklyn Park, & Little Canada. The Little Canada operation is the one we are intending to move to Lexington Avenue. The company has a total of 32 people at the three locations and is an ESOP company that the employees have stock in given to them by the company. The proposed Arden Hills location will have nine e employees. Two thirds of our business is done selling new clutches, front wheel drive shafts, 4x4 driveshafts, rebuilt differential and transfer cases. In addition, we sell the individual parts (u- joints & stubs) plus ring & pinion gear sets for the customers to do the service work themselves. The majority of business is wholesale delivered in two delivery trucks in the Metro area. We also market our products to customers out of town by UPS and trucking lines. Our out of town business is about 15%. We do sell also to the public. About one third of our business involves the actual repair or installation of drive shafts, ring & pinion set ups and differential and transfer case repair. Some units are taken off cars and light trucks driven in to us and other times we pick up units to repair from shops and fix them on benches. Due to our specialization and the fact that most of our customers do this work themselves, the volume of cars serviced by us tends to be small. We do not wish to compete with our larger customers. Smaller repair shops that do not have the knowledge for this work mainly use our services. Some days we have 3 to 4 cars go through and some days we have none. We believe that our small company would be an excellent asset to the Arden Hills Business Community. After all small companies are the key to economic revival in the future. We hope you look favorably on our request. You would be getting a company with thirty years of growth. BROOKLYN PARK. MN . BLOOMINGTON. MN . LITTLE CANADA. MN e ..~.. ~ ~ I:ESOPl \.......~" [fJ[%]@)r!l[l!ll , = ji==g~=j g ==g~=== @ ) - """""'""" =rJ<'''''/'f&w;w.~~'M~'''''00X,1&,B'''ii %"""'X5i'_}''''''''':ZX0<;:;;''=;-'-_'''''''''~''''A'_-'''''''/''-jX''X'''',~,,~,illPlTh!=Wi&~*~~~~~!!fkJliiI "'fW/iWiflIUfJ!J:\,t;'PR'W4JW ~ ^_.~ ~ llil___ .ordiaIlY, C)~ ;-~- CLUTCH & U-JOINT BROOKLYN PARK. INC. 7474 COUNTY ROAD 81 NORTH BROOKLYN PARK MN 5&.428 763-425-7474 800-444-0755 Fax 763-424~4722 www.provenforce.com Jon Fortney President e e BROOKLYN PARK. MN . BLOOMINGTON. MN . LITTLE CANADA MN ..".. ~ " I:ESOPJ ~4."...".,J-J' "\ Page I ofl Hellegers, Peter From: Jfprovenforcemn@aoLcom Sent: Wednesday, March 10,20042:49 PM To: peter.hellegers@ci.arden-hills.mn.us Subject: Re: Request Peter This note is to clarify my letter dated March 1 to the planning Commission and the City Council that that I am applying for a Special Use Permit to move the Proven Force business to 3785 Lexington Ave in Arden Hills. Cordially. Jon Fortney 3/10/04 3/1 0/2004 e e e . . . ROBERTS DEVELOPMENT CO. RECEIVED MAR 1 2 2004 March 5, 2004 CITY OF ARDEN HILLS Mr. Peter Hellegers City Planner City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Dear Mr. Hellegers, Roberts Development Company has obtained an executed lease agreement from Clutch & U-Joint of Brooklyn Park d/b/a Proven Force for the north 8,000 s.f of space at 3785 Lexington Avenue, Arden Hills. We have been working with Jon Fortney and other employees of Proven Force for some time and we believe that the Lexington Avenue building will be a good location for Proven Force and an asset tothe City of Arden Hills and the surrounding community. Roberts Development Company is in total support of the Special Use Permit and Zoning Ordinance Amendment which have been submitted by Proven Force to the City of Arden Hills. The City of Arden Hills and Roberts Development Company have had a good working relationship over the past twenty years and we are confident this will continue with regards to this transaction and in the future. Please feel free to call with any questions or concerns. Peter, thanks again for the time and effort you have put forward working with Proven Force your efforts are greatly appreciated. Very Truly Yours, Scott Roberts 1873 BUERKLE ROAD' ST. PAUL. MN 55110 651-773-3485' 651-773-3490 3 'C.. ~ ~ ~ '-...... <:i ~ <y ~ } : tI . .... . c: .W o~o u .... .... .. . ~ ~ ...<1 ....... u >. .utJf' J: bQ ... Of ,....... .. jc".....GI .B:'u . "0 0 1,1 ... ..... ....-1 1:.. ~ 0 .. ~.il4VIUNP.<P'\ . .'~~~'d ~~ tt ~. \D ot:a. _ ): 0 J.i. . ...... . /,) fl ...", ... ~"O.... F< ~~: ~ ~ I i Z .. ... ..... 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REVISION DATE PROVEN FORCE , ...~ ~' ~ 1', NOT FOR ~ ,l~ ;1' 3785 lEXINGTON AVE" ARDEN HillS, MN I 1~~ CONSTRUCTION , I" ~ ,~ ~ , . . . Planning Commission - Avril 7, 2004 Attachment 4a - 3 E. LAND USE CHART P D Permitted Planned Unit Not Permitted Trv HQ1eJlMotcI House ofWorshin Institutional lIallSin!! L.and Reclamation Manufactunn2: & Processim!: . Class I - C',""n Minim)' Manufactured Home Park Mortuary. Funeral Hql)1t; Multiole Use Oneration Nurser\' Office Pawn Shop Personal Service Public Use Res~_!.lr~h Research Animals Restauralit Restaurant-t'a"st fQ.Qd Retail Sales & Service _.$_f;l}'J.l::c~~ation School General Education School Hip-her Education ~91, Snecial Educatio~-" StoralTe Exterior _St~(jj9 Theater Indoor Utilitv Distribution Line Utilitv Sub~-iaiion 1 Hilitv Transmis~iCln Vehicle Motorized Leasin!:!: arid RentalS I Warehousing -- R-I <A S ..:> A 'A 1-""- s s , p , p p A S p D S s s -' - S S S D S A SA R-2 SA S p p A S p D ID ;p D S S A SA s s s I IS I I~- i- s I -- I-~ I. ~~-+~-::c __ ;. -- I~- -- 1- p , 1- I~ 1- -- I~- R-3 i 'A S p p A D P D P D __1'-__. A SA s S , S S S s p , R,4 'A S I A I A -- I pip p p D P A SA s S S s s s L__ -- p < 1-- I, I ~-I~- 5-6 Special Use Permit Accessory Special Accessory Use Permit ZONING DISTRICTS INB SA p S S s s - ; PIP I s S S P S S S S P S p s B-1 B-2 SA I" A P P A IA Ip s S s -- n P S S P P P P P P B-3 8-4 SA 'A P P P P P s p"_. ~- p S S S p P CC GB iI-I 'A i A fA IA IA p 1 I. __ Ip s S S A S ~~ p P < A s s s A S P p P S P -p-=-;- ;- s S S S S S P P S S - -p- --- p S S A S p s s S -~ ;- p S A S 10 A USES I Antf'nna Ilish "r TllwPT Boardinq House Business Service Clinic l-C;lub or Lodi2e (noll:[l:TOfh) ____ ________ _ -~_ _ no .-==_,_ Club Sports & Fitness I romrhprf'i::.l R Da Care/Residential Facilitv: Dav Care Faci1itv: 100rIess "vPT 10 i nil o or less "vt>rf1 .l)M Kennct Do'" Run Drive-in Business Ilrvrlp::.ni ~J!p_~tation Self Service Laundrv DWf>l1irio: Sino]", F::.mj]v Att::'l'ht>~ DWf'l1in'u: -~in"'If'-F"mil D,.t""hP-li Dwellinu: Single Family under Dwel1inl!:densitv zcininl! DWf'llinu: TWIl-Famil\! Dwellin"': Multinle Famil\! F.aTth-sheltered Home Financial Institution & Service n"rno" T"'"k Home Decunation: Class 1 t"on: Class II P S S -- I -- - I IS l- IS S p s o A s S p p S P S - A s s A SA S S S S o - p - S S S p P P P P D IA Ip . 1,2 SA I-FLEX SA A D P s S P P S P P A P P p P p p P A P A P s --" - p < P S . p o p :::: S----- "-=~-=--=----- S S P P P - S S s ~ .L.... _~ ____ P p p s P S S .:--=___.-i.__ __ S S ___L"""L---2.._ S -- S -- A S A S -=---~ A s - -- -~...JL _~~"' -- -=___-- IS == -- -- P < S p P P < , IS 10 IA P P -- I I A S S P -- < -- S SA P S , P S S I, I, P . P P S I. I IS . . . Council Attachment - Avril 12, 2004 6A- 2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS . SPECIAL USE PERMIT CASE NO. 04-08 1,0 RECITALS A. Roberts Development Company, a Minnesota corporation ("Roberts") is the record fee owner of the following described property situated in the City of Arden Hills: All that part of the East 'h of the Southeast y., of Section 27, Township 30, Range 23 West, described as follows: Commencing at the East Quarter of said Section 27, thence southerly along the East line of said Section 27, a distance of 373,0 feet to the point of beginning; thence West at right angles 525,6 feet; thence South at right angles 424.1 feet; thence East at right angles 525,6 feet; thence North at right angles 424,1 feet along the East line of said Section 27 to the point of beginning, Subject to easement for parking and driveway purposes over the Northerly 50 feet thereof, and subject to Lexington Avenue and subject to a drainage easement over the West 67 of the East 100 feet thereof (the "Property"), . B, The Property is located in a B-3 Zoning District (Retail Center). A motorized vehicle service use is allowed by special use permit in a B-3 Zoning District. C, Roberts has leased a portion of the Property ("Leased Premises") to Clutch & U-Joint of Brooklyn Park, d/b/a Proven Force (the "Permittee"). D, The Leased Premises is illustrated on a site plan which has been signed by the Arden Hills City Planner, and is included as part of Arden Hills case number 04-08, E. On the 5th day of March, 2004, Permittee submitted a completed application requesting a special use permit for a motorized vehicle service use on the Leased Premises (the "SUP"), F, On the ih day of April, 2004 at the conclusion of a public hearing, the Arden Hills Planning Commission recommended approval of the SUP, . . . . 2,0 Approval of SUP, On the 1ih day of April, 2004, the Arden Hills City Council considered the recommendations of the City's Staff, the recommendations of the Planning Commission, the effects of the proposed special use on the health, safety, convenience and general welfare of the owners and occupants of surrounding land and the community as a whole; and determined that the facts and circumstances of this particular case warranted the granting of a special use permit subject to the following conditions: A. The proposed motorized vehicle service use shall be limited to the sale, installation and repair of drivetrain parts to include: clutches, flywheels, manual transmissions, front and rear wheel axles, drive shafts, differential and transfer cases, B, Because Permittee is a lessee and not a property owner, the special use permit shall expire upon termination of the lease; or, pursuant to applicable city regulations, upon an earlier date. Expansions in the area of the Leased Premises will require an amendment to this Permit. Dated this 1 ih day of April, 2004 CITY OF ARDEN HILLS By: Beverly Aplikowski, Mayor ROBERTS DEVELOPMENT COMPANY By: Name: Its: CLUTCH & U-JOINT OF BROOKLYN PARK, d/b/a Proven Force By: Name: Its: 2 STATE OF MINNESOTA ) ) ss, COUNTY OF RAMSEY ) . On this _ day of , 2004, before me, a notary public within and for said county, personally appeared Beverly Aplikowski, to me known to be the Mayor of the City of Arden Hills, and she executed the foregoing instrument and acknowledged that she executed the same by authority of and on behalf of City of Arden Hills. Notary Public STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this _ day of , 2004, before me, a notary public within and for said county, personally appeared , to me known to be the of the Roberts Development Company, a Minnesota corporation, and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority of and on behalf of the company. . Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of , 2004, before me, a notary public within and for said county, personally appeared , to me known to be the of the Clutch & U-Joint of Brooklyn Park, d/b/a Proven Force, a Minnesota corporation, and s/he executed the foregoing instrument and acknowledged that s/he executed the same by authority of and on behalf of the company, Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. (JPF) 50 East Fifth SI., #300 SI. Paul, MN 55101 (651) 291-8955 F:\users\Janice\Jerry\Arden Hills\Roberts Development Use Permit doc . 3 . . . Council Attachment - Avril 12. 2004 6A - 3 <1~ !il Q)' l.l.. 0 t'--- 0 II t'--- = ~ Q) CIl 0 0 (f) o t'--- 8 o N ~ ~~ 2.! ft _~:!. .. ~ ~ ~3"')'! i~~~::::~'i;;:: ~...j~" ~ b "Ii ~Hl~~- ~rt:_H~~ i)"P~~ ..jh';' u ~ cfll'~. f ':1!ic~:i1i~ ll-Ft.l!" ~ .~ '"11''' "'~,jj ~-a~ ~ i : ~ H;;~ c ~~ Hell'" :~z~..h~ lH'H1J H;gUH ;:U~-n~ .::HUi;'ilO g;jil'";l o~~.. ~ u ~~€~B H HUll1.. i!;<c<i-;: .co" 53"!-- c;:."'''.::; ~1l !~~:!~ u ~ c 9 "':$ !.~.... ~ ln~H;:5 ~-o B ~:>'"" ~ c ~ "".,'h !t fH;;--:~ t.ih;;HZ .1'~!P8-ll~ ~~;~i::ifi~~ ~H~UNi1j ~uH~hi e:- '" => .D '" LL D. '" ::;; '" '" '" CO (f) (ij ~ C ~ o o iii" '" E '" (( iIi l:! ~ o III if) ~ ~::c-~ fill rT'" Jlto.!i;:!; ~ """""" ,P'X~~ .~~ ",12-~ U.. !. "" d ~ . % ~HlLLS City Council Action Request Form Agenda Item #: 6.B Council Meeting Date: ADril12. 2004 Prepared By: Peter Hell<l!ers Originating Department: CD Budgeted Amount: Actual Amount: Final Action Needed By: ADril 12. 2004 Item Description: Recycling Joint Powers Agreement Council Action Request: Consider approval of the Ramsey County Joint Powers Agreement for City Recycling Fee for the years 2004-2009, Staff Recommendation: Staff recommends approval of the Joint Powers Agreement with Ramsey County for collection of the recycling service fee and authorizing the Mayor and City Administrator to execute the agreement, Advisory Commission Action: . D Planning D PTRC Date Date Action: DReviewed Action: DReviewed DApproved DApproved DDenied DDenied Supporting Documents: [g] Memo/Letter: D Resolution (No, ) D Ordinance (No, ) D Engineering Recommendation: D Attorney Recommendation: [g] Other: Financial Implications: . Potential financial impact would be $243,20 per year or $1,216,00 over the term of the Joint Powers Agreement, Administrator/Staff Comments: ~ ~HILLS MEMORANDUM e DATE: April 12, 2004 Agenda Item 6.B TO: SUBJECT: Mayor and City Council Peter Hellegers, City Planne@ Authorization of the 2004-2009 Ramsey County Joint Powers Agreement FROM: Requested Actiou Approve the Ramsey County Joint Powers Agreement for City Recycling Fee for the years 2004- 2009, Backerouud In 1999 the City executed a Joint Powers Agreement (JP A) with Ramsey County for the collection of Recycling Service fees, The 1999 Joint Powers Agreement is set to expire on June . 30th of this year, In November of2003 the City Council adopted Resolution 03-77 which expressed the Council's interest in continuing in a Joint Powers Agreement with Ramsey County beyond 2004 for collection of Recycling Service fees, Ramsey County has now submitted the Joint Powers Agreement forms to the City for execution, The term of the new Joint Powers Agreement run from July I, 2004 through June 30, 2009, There have also been a few changes between the 1999 JPA and the proposed JPA. Following is a breakdown of the changes: Section I, B -wording has been added to state that the City ensures that multi-family units "(including manufactured housing parks)" provide residents with an opportunity to recycle "on site", Section I, N - The JP A now calls for the City to pay the County "up to $,50 per parcel per vear" whereas $.40 is stated in the 1999 JPA, Based on the County's estimate of2,432 single-family properties in the City, that change could amount to a difference of $243,20 per year or a difference of$I,216.00 over the term of the JPA. The fee for this year was set at $24,50 per parcel and was based on the $.40 per parcel fee which Ramsey County had indicated was the correct figure, \\Earth\Planning\Misc Files\Recyc1ing\04-12-04 CC Report to authorize 2004-2009 lPA.doc . . . . Resolution 03-76 (attached) which was approved on November 10,2003 established a Recycling Service fee of$24,50 per parcel, which included the $.40 per parcel figure for Ramsey County to provide the JP A service. Staff Recommendation Staff recommends approval of the Joint Powers Agreement with Ramsey County for collection of the Recycling service fee and authorizing the Mayor and City Administrator to execute the Joint Powers Agreement. Attachments 6B"1 2004"2009 Joint Powers Agreement for collection of the Recycling Service Fee 6B-2 1999-2004 Joint Powers Agreement for collection of the Recycling Service Fee 6B-3 Staff Report to Council- November 10, 2003 with Resolution 03-77 6Bc4 Resolution 03-76 (established service fee for recycling program) 6B-5 Recycling Service Contract with E-Z Recycling March 1,2003 - February 28, 2008 \\Darth\Planning\Jv1isc FiJes\Recyc1ing\04-12-04 CC Report to authorize 2004-2009 lPA.doc . Council Meeting - April 12, 2004 6B -1 . . JOINT POWERS AGREEMENT . This Agreement is between the County of Ramsey, ("County"), and the City of , ("City"), WHEREAS, the City's residential curbside recycling program is established and, WHEREAS, the City seeks to establish a long-term funding mechanism for maintaining the City's residential curbside recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473.811 and 400,08, to collect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its curbside recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge authority under contract with the County; NOW, THEREFORE, IT IS AGREED: I. CITY OBLIGATIONS A. The City shall provide curbside collection services to single family homes at least once per month. B. The City shall ensure that multi-family units (including manufactured housing parks) provide residents an opportunity to recycle on site by requiring property managers to provide a minimum level of recycling service, C, Municipalities with 5,000 or more in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least twice a month for collection of at least four broad types of materials, Municipalities under 5,000 in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least one a month for collection of at least three broad types of materials, Municipalities under 5,000 in population are encouraged to provide service twice a month and to collect at least four broad types of materials, D. The City shall provide semi-annual reports to the County in a manner prescribed by the County, E. The City shall require haulers to have volume-based fees or require haulers to provide financial incentives to clients to recycle, and the City shall provide notice of the availability of volume-based fees or financial incentives to residents at least once per year. F, The City shall be in compliance with Minnesota Statutes Section 115A.151 requiring an in- house recycling program, G. The City shall have a procurement policy in place for the purchase of recycled and recyclable products. H, The City shall implement the elements of the Regional/Ramsey County Solid Waste Master Plan reiated to recycling and waste reduction in the City, I. Contracts for mixed municipal solid waste collected from City properties shall comply with the Public Entities Section of Minnesota Statutes,!j!j115A.46, sUbd,5, 115A.471, If the City has implemented organized collection, or organizes collection during the term of this agreement, . . . . . any resulting contract(s) with hauler(s) shall require that waste be delivered to the RamseylWashington County Resource Recovery Facility located in Newport, MN. J. The City shall apply funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling service charge funds, to residential curbside recycling collection costs. Recycling service charge funds may also be used for spring residential clean-ups focused on recycling material collection, multifamily recycling collection, recycled product procurement, recycling collection bins, costs of providing a recyclable material drop-off center, management of tree and shrub waste, or other costs approved by the Saint Paul - Ramsey County Department of Public Health ("the Department"), The City may apply funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this service, K On or before October 15 of each year the City shall provide the Department with a recycling budget which details eUgj\:JI~c:oJ'1s for the subsequent year, Eligible costs shall limit administration expenses which will be financed by the recycling service charge to not exceed fifteen percent (15%) of the City's recycling budget L. In determining the rate to be applied to each single family parcel and condominium parcel, apartment unit, manufactured housing park, and non-residential property, the City shall first reduce the total amount it needs for its recycling services by all SCORE funds to be distributed to the City by the County for recycling service, M, On or before December 1 of each year during the term of this Agreement, the City shall provide the recycling service charge rate to be applied to each single family parcel and condominium parcel, apartment unit and, if charged, non-residential parcel to the County, N, The City shall pay the County up to $0.50 per parcel per year for the County's actual costs of administering the City's recycling service charge, The County's actual costs will include but are not limited to the costs of computer programming and the Ramsey County Property Records and Revenue Department's direct overhead costs, The City shall pay the County within thirty (30) days of receipt of the County's invoice. II. COUNTY OBLIGATIONS A. The County shall determine the parcel count in the City for single family residential properties, condominiums, manufactured housing pads, and apartments, The parcel count shall be provided to the City on or before August 30 of each year during the term of this Agreement B. After receipt of the recycling service charge rates from the City, the County shall list the City's recycling charge on the property owners' tax statements, and shall label the charge as "CITY RECY." C. As property taxes are paid, the County shall separate the City's recycling service charge from other property taxes and shall distribute the recycling service charge funds to the City, recycling service charge funds shall be distributed to the City on the settlement dates provided by Minnesota Statutes Sections 276.11 and 276.111, III, TERM The Term of this Agreement is July 1, 2004, through June 30, 2009, IV. TERMINATION . A. FOR CAUSE, In the event that the City fails to comply with the tenns of this Agreement, or any statutory requirements, ordinances and/or plans related to this Agreement, the County may terminate this Agreement. In the event that the County exercises its right to terminate this Agreement for cause, the County shall submit written notice to the City specifying the reasons for termination and the date upon which the termination becomes effective, B, WITHOUT CAUSE. This Agreement may be tenninated by either party without cause, on one hundred-eighty (180) days written notice to the other party, C. OTHER EVENTS, In the event that the County's authority to provide the services contemplated in this Agreement is modified or repealed this Agreement immediately terminate, V, ACCESS TO DOCUMENTS Until the expiration of six years after this Agreement terminates, the City shall make available to the County, the State Auditor or the County's ultimate funding source, a copy of this Agreement and books, documents, records and accounting procedures and practices of the City relating to this Agreement. VI, HOLD HARMLESS Each party agrees to defend, indemnify and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or employees in the perfonnance of or with relation to any of the work or services provided by the party under the terms of this Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapter 466, . VII, EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age, When required by law and requested by the other party, each party shall furnish a written affirmative action plan to the other party, . . VIII. DATA PRACTICES . . All data collected, created, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. The parties agree to abide strictly by these statutes, rules and regulations, RAMSEY COUNTY Approved: CITY OF Approved: BY: BY: Chair, Board of R.amsey County Commissioners Approved; BY: Chief Clerk Dated: BY: Dated: Approved as to Form and Insurance: BY: Assistant County Attorney Approved: BY: Budget and Accounting Recommended: BY: Director of Public Health . . . Council Meeting - April 12, 2004 6B - 2 ') . c:- v_ l." ~,< JOINT POWERS AGREEMENT This Agreement is enteed into pursuant to the provisions of Minnesota Statutes Section 471,59 on this '7?'t-c day of ie. or, 1999 between the County of Ramsey, a political subdivision of the State of Minnesota the County), and the City of A ttl..m \ -\11) S ,a political subdivision'bf the State of Minnesota (the City), WHEREAS, the County has established policies and plans supporting residential curbside recycling as part of an overall waste management program; and, WHEREAS, the City supports residential curbside recycling and desires to continue to make it available to residents of the City; and, WHEREAS, the RegionaVRamsey County Solid Waste Master Plan, approved by the Ramsey County Board of Commissioners on February 2, 1999, states a policy that "Ramsey County will continue to allow municipalities use of County service charge authority through joint powers agreements;" and, WHEREAS, the City's residential curbside recycling program is established. and, WHEREAS, the City seeks to establish a long-term funding mechanism for maintaining the City's residential curbside recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473,811 and 400,08, to collect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, . ,d,!" WHEREAS, the City desires to finance ll!iturbside recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge authority under contract with the County; NOW, THEREFORE, IT IS AGREED: I. CITY OBLIGATIONS A. The City shall provide curbside collection services to single family homes at least once per month< B< The City shall ensure that multi-family units have an opportunity to recycle by requiring property managers to provide a minimum level of recycling service, C, Municipalities with 5,000 or more in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least twice a month for collection of at least four broad types of materials, Municipalities under 5,000 in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least one a month for collection of at least three broad types of materia,ls, Jvlunicipalities under 5,000 in population are encouraged to provide service twice a month and to collect at least four broad types of materials. D. The City shall provide semi-annual reports to the County in a manner prescribed by the Cou nty, E, The City shall require haulers to have volume-based fees or require haulers to provide financial incentives to clients to recycle, and the City shall provide noti.ce of the availability'of volume-based fees or financial incentives to residents at least once per year. . -'.~'~,'i:,/;: ;-:,},%:a, .:::\,:{}%"t".';;:'- - "';-~:~:1K,-,t;,,:' It . . ~)"" " F, The City shall be in compliance with Minnesota Statutes Section 115A,151 requiring an in- house recycling program, G, The City shall have a procurement policy in place for the purchase of recycled and recyclable products, ."",' ^ H, The City shall implement the elements ofthe Regional/Ramsey County Solid Waste MastEl'f, Plan related to recycling and waste reductionlhtJie City, . ". . '. .c, ~.~~ I. Contracts for. mixed municipal solid waste collected from City properties shall comply with the .Public Entities Section of Minnesota Statutes (Minn, Stat. !l!l115A46, subd.5, 115A471,) If the City has implemented organized collection, or organizes collection during the term of this agreement, any resulting contract(s) with hauler(s) shall require that waste be <:lelivered to the RamseylWashington County Resource Recovery Facility located in Newport. MN, J. . The City shall apply funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling selVice charge funds, to residential curbside recycling collection costs, Recycling selVice charge funds may also be used for spring resi<:lentiat clean-ups focused on recycling material collection, multifamily recyclingJ:ollection, recycled product procurement, recycling collection bins, costs of providing a recyclable material drop-off center, management of tree and shrub waste, or other costs approved by the Saint Paul - Ramsey County Department of Public Health ("the Department"), The City may apply funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this selVice, K. On or before October 15 of each year the City shall provide the Department with a recycling budget which details eligible costs for the subsequent year. Eligible costs shall limit administration expenses which will be financed by the recyclingselVlcecharge to not exceed fifteen percent (15%) of the City's recycling budget. . L. In determining the rate to be applied to each single family parcel and condominium parcel, . apartment unit and non-residential property, the City shall first reduce the total amount it needs for its recycling selVices by all SCORE funds to be distributed to the City by the County for recycling selVice, M, On or before November 1 of each year during the term of this Agreement, the City shall provide the recycling service charge rate to be applied to each single family parcel and condominium parcel, apartment unit and, if charged, non-residential parcel to the County, N. The City shall pay the County up to $0.40 per parcel per year for the County's actual costs of administering the City's recycling service charge, The County's actual costs will include but are not limited to the costs of computer programming aJ:)d the Ramsey County Property Records and Revenue Department's direct overhead costs, The City shall pay the County within thirty (30) days of receipt of the County's invoice. II. COUNTY OBLIGATIONS A The County shall determine the parcel count in the City for single family residential properties, condominiums and apartments, The parcel count shall be provided to the City on or before August 30 of each year during the term of this Agreement. B. After receipt of the recycling service charge rates from the City, the County shall. list the City's recycling charge on the property owners' tax statements, and shall label the charge as "CITY RECY." C, As property taxes are paid, the County shall separate the City's recycling service charge from. other property taxes and shall distribute the recycling selVice charge funds to the City. .. recycling service charge funds shall be distributed to the City on the settlement dates by Minnesota Statutes Sections 276.11 and 276,111 (1998) and as subsequently amended, . ;r ~10 7 III. TERM 1:1.,1" This Agreement shall be in force and effect as of th,e date of final eiecution through June 30, 2004 or until otherwise terminated as provided in Paragraph IV below:' .., IV, TERMINATION A. FOR CAUSE. In the event that the City faiis to comply with the terms of this Agreement, or any statutory requirements, ordinances and/or plans related to.this Agreement, the County may terminate this Agreement. In the event that the County exercises its right to terminate this Agreement for cause, the County shall submit written notice to the City " specifying the reasons for termination and the date upon y.thich the termination becomes effective, . . B. WITHOUT CAUSE, This Agreement may be terminated by either party without cause, on one hundred-eighty (180) days written notice to the other party, . C, 'OTHER EVENTS, In the event that the County's authority to provide the services , contemplated in this Agreement is affected by amendments to Minnesota Statutes or by any other means, this Agreement shall be immediately terminated, V. ACCESS TO DOCUMENTS Until the expiration of three years after this Agreement termi~ates, the City shall make available to the County, the State Auditor or the County's ultimate fundingsource;.aci)pY'QfthisAgreement and books, documents, records and accounting procedures and practices ofthe City relating to - this Agreement. - . VI, HOLD HARMLESS Each party agrees to defend, indemnify and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or employees in the pertormanceof or with relation to any of the work or services provided by the party under the terms of this ' Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapter 466, VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age, When required by law and requested by the other party, each party shall furnish a written affirmative action plan to the other party, . . . . c",'"" .,.. ~'... ~.~ Ji\,:. .~~';'''':';',} VIII. DATA PRACTICES .~- - ~ All data collected, created, received, maintained or disseminated for any purpose in the course of either party's perforrnanceQf.this Agreement is governed by the Minnesota Gov.ernment Data .. - Practices Act, Minnesota Statutes. Chapter 13, and rules adopted to implement the Act The parties agree to abide strictly by these statutes, rules and regulations, IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed on this ?rA day of~/J1btr ,.1999,: CITY OF IIrL 117//~ :7~ BY: /~ff Chief Clerk q~-;)7( Approved as to Form: BY~' ,fri ~ Assistant County Attorney Approved: BY~~;(r ' Risk Manager Reviewe and Approved BY: Budget and Accounting Recommended: BY: ..IhA.A(;.{.. ~ Director of Public Health , .'.' . . . Council Meeting - April 12, 2004 6B-3 . ~ ~ILLS MEMORANDUM DATE: November 10,2003 Agenda Item 6. C TO: Mayor and City Council FROM: Peter Hellegers, City Planner SUBJECT: Ramsey County Joint Powers Agreement for City Recycling Fee 2004- 2008 Requested Action Consider renewal of the Ramsey County Joint Powers Agreement for City Recycling Fee for the years 2004-2008. . Backeround Currently, the City of Arden Hills has a joint powers agreement with Ramsey County for the collection of the City Recycling Fee, The County uses their County Waste Management Service Charge autbority to collect the fees and the cities in turn pay the County approximately 40 cents per residential property, The current agreement will expire in June of 2004, The County has requested that those communities wishing to continue or join the program submit a resolution stating the city's interest in participating in the joint powers agreement for the period of 2004-2008, Attached you will find draft resolution 03-77 whieh would express the City Council's interest in renewing the joint powers agreement Attachments Draft Resolution 03-77 . \\Earth\J'lanning\Misc FilesIRecycling\11-10-03 CC Memo on lPA.doc Page 1 ofl . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO, 03-77 A RESOLUTION RENEWING THE JOINT POWERS AGREEMENT WITH RAMSEY COUNTY FOR CITY RECYCLING FEE COLLECTION FOR THE YEARS OF 2004.2008 'WHEREAS, the City of Arden Hills has an established curbside recycling program in place fot Arden Hills residents; and WHEREAS, the City will continue the program into the year 2008, and WHEREAS, the City Council of Arden Hills has entered into a Joint Powers Agreement (JP A) with Ramsey County to assess individual residential property owners fees to support the recycling program; and WHEREAS, the City of Arden Hills wishes to continue this funding mechanism, NOW THEREFORE, BE IT RESOL YED by the City Council of the City of Arden I-rills, Minnesota: That the City shall renew Ihe Ramsey County Joint Powers Agreement for City Recycling Fee collection for the years of2004-2008, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN I1ILLS THIS 10th DAY OF NOVEMBER, 2003. ATTEST: BEVERLY APLIKOWSKI, MAYOR MICHELLE WOLFE, CITY ADMINISTRATOR . . . Council Meeting - April 12, 2004 6B- 4 ~ ~HILLS . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO, 03-76 A RESOLUTION ESTABLISHING SERVICE FEE CHARGE FOR 2004 RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, the City of Arden Hills has an established curbside recycling program in place for Arden Hills residents; and WHEREAS, the City will continue the program into the year 2004, and WHEREAS, the City Council of Arden Hills has entered into a Joint Powers Agreement (JP A) with Ramsey County to assess individual residential property owners fees to Sllpport the recycling program; and WHEREAS, the City of Arden Hills wishes to continue this funding mechanism, . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the funding rate for residential recycling for the year 2004 is hereby established at $24,50 per residential parcel. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 10th DAY OF NOVEMBER, 2003. ATTEST: BEVERLY APLIKOWSKl, MAYOR MICHELLE WOLFE, CITY ADMINISTRATOR . e . . Council Meetiul! - April 12, 2004 6B-5 ., AGREEMENT FOR CURBSIDE RECYCLING SERVICES Agreement made as of H a.y 12>. ZCff3 , between the City of Arden Hills (hereafter the City) and E-Z Recycling. Inc" a Mmnesota Corporation (hereafter the Contractor), . The City and the Contractor agree as follows: I. Definitions 1.1 - "Area" North of Interstate 694 South of Interstate 694 NOTE: All boundaries, unless otherwise noted. fall in the center of City streets such that they include residents in the one-half of the named street 1.2 <'Recyclable Materials" means newsprint and non-glossy paper, cardboard, glass bottles and jars, mixed aluminum and bimetal beverage containers, plastic bottles. magazines, box boards. phone books, non-hazardous completely drained aerosol cans, miscellaneous metals and other materials as mutually agreed upon by the City and Contractor. 2. Services to be Perfonned . 2_1 The contractor shall collect all recyclable materials on the following days: North of Interstate 694 Wednesday South of Interstate 694 Tuesday When a national holiday falls on a Monday, Tuesday, or Wednesday the following will be the collection day: Holiday on Monday pick-up North of694 will be Thursday South of 694 will be Wednesday Holiday on Tuesday pick-up North of694 will be Thursday South of 694 will be Wednesday Holiday on Wednesday pick-up North of 694 will be Thursday South of 694 will be Tuesday The City will provide the Contractor with maps of the City noting areas for recycling pickups and areas where pickup is not desired and/or necessary . 2.2 The terms of this agreement shall be from March 1,2003 to Feb.28d\ 2008 2.3 The City and the Contractor acknowledge that timely performance of collection services is essential to the success of the recycling program, The . . . . ! . work shall be done with forces which are adequate to insure the satisfactory collection and disposal of said materials at all times and the failure to perform may be excused only by adverse conditions of weather and similar hindrances which in other work might be regarded as "act of providence"- In the case of such event, the Contractor will notifY WCCO Radio and KSTP Radio by 6:00 a,m, to announce postponement and provide information for a substitute date, 2,4 The Contactor will conduct a phone survey each year. The results of the survey shall be given to the City Administrator. 3, Collection 3,1 Recyclable materials shall be prepared as follows: Ma"~7ines. Newsprint. Mixed Mail: Place in paper bag or recycling container. Keep separate from cans, glass, and plastic. Cans. Glass. Plastic Bottles with a neck: Rinse out & place in paper bag or recycling container. Keep separate from paper items_ Plastic items remove caps and lids and flatten, Cardboard: Flatten, place in container or bundle with twine, Not to exceed 3ft X 3ft. Aerosol Cans: Must be completely drained. 3.2 All recyclable materials placed for collection sball be owoed by and the Responsibility of the occupants or residential properties until they are handled by the Contractor. Upon handling ofthe containers and recyclable materials by the Contractor, the recyclable materials become the property and responsibility ofthe Contractor. 3.3 Recyclable materials deemed unacceptable by the Contractor according to the Preparation procedures in provision 3.1 the Contractor will leave a notice with the occupant. 3.4 The Contractor's employees shall save for the resident' any containers that are Marked Save, These containers, once emptied, shall be returned to the curbside, Any spills will be cleaned up immediately by the Contractor. 4, Contractor's Equipment 4.1 Contractor's vehicles shall be marked with the name of the Contractor. . 4.2 The Contractor shall maintain all trucks and equipment in good working condition. The Contractor's trucks shall be clean and aesthetically pleasing. 5. Contractor's Operation 5,1 The Contractor shall establish and maintain an office with continuous supervision for accepting complaints .and customer calls. The office shall be in service during the hours of 7:00 a,m, until 5:00 p.m. or until all routes are completed on all days of collection as specified in this Agreement, Address and telephone number of such office and any changes there in shall be given to the City in writing. The address of this office as for the execution of the contract is 875 North Prior Avenue, St. Paul, MN, 55104 5,2 Complaints on service will be taken and collected by E-Z Recycling, Inc. The City will notifY the Contractor of any complaints it receives. 5.3 Whenever the City or a resident notifies the Contractor oflocations, which have not received, scheduled service, the Contractor is required to service such locations by 3:00 p.m. the day following the missed service. . 6. Payment 6.1 The City will compensate the Contractor for the collection of recyclable materials from residential units as described in Sections 2 and 3. During this contract, the City will pay the Contractor $2.05 per household. Household counts to be determined each year on January I". 6.2 The Contractor will submit monthly statements for services rendered as set forth in Section 7. The City shall make monthly payments within twenty (20) days upon receipt of the statement. 7, Filinl! of Reports 7,1 The Contractor shalt submit an accurate monthly summary of the quantity and kinds of all recyclable matcrials collected . . . . 8. 9, , 'j 7.2 The Contractor shall provide scale receipts of the recyclable materials collected. [nsuraoce 8.1 Prior to commencement of this Agreement, the Contractor shall furnish the City with certificates of insurance for comprehensive general liability , automobile liability and property damage insurance, to meet all City insurance requirements. The policy shall require the lnsurance Company to notiJY the City in writing of any cancellation in coverage, at least ten (10) days prior to cancellation. Any losses to persons or property through this project shall be the responsibility of the Contractor. The Contractor agrees to indemnifY thc City from any and all liability or loss arising in any way out ofthe performance of this contract. Relationship of Parties 9.1 The parties intend that an independent Contractor-employee relationship will be created by the contract, The City is interested only in the results to be achieved, and the conduct and control of the City for any purpose, and the emptoyees of the Contractor are not entitled to any of the benefits that the City provides for its employees, 10. Termination/Extension 10.1 u: in the City's opinion, the Contractor fails to carry out the services diligently and on schedule, and in a quality manner, the City shall have the right to terminate the agreement. Prior to termination, the City will give written notice of intent to terminate, This intent to terminate shall be served upon the Contractor thirty (30) days prior to termination. 10.2 If, at any time during the term of this contract significant changes to the program occur (i.e,: use of recycling bins, frequency of pick up, addition of new collectible materials, etc...), the City and the Contractor mutually agrec that the contract will open for negotiation and! or unless negotiated differently, will terminate at the end of that calendar year. 10,) If, at the end of the term of this contract, the City and the Contractor mutually agree on an extension of this contract, this agreement will remain in effect until otherwise renegotiated. , . ~ f#i-h Beverly Aplikowski Mayor, City of Arden Hills ~..;:2.!?,;}..003 Date . ~/7~ ~ /"?7 5J:!.., 2..-c.<"-'"3> Date Aaron Parish City Administrator ~ 1?~kJ+- Chris Rcinhardt, CEO E-Z Recycling, Inc. fYl1-Y (] 1;!J L-o-'" 3 Date . . e ~ ~HILLS City Council Action Request Form Agenda Item #: 7 A Council Meeting Date: April 12. 2004 Prepared By: TJM Originating Department: O&M Budgeted Amouut: $0,00 Actual Amount Final Action Needed By: April 12. 2004 Item Description: Sign Location on North Snelling Avenue Council Action Request: Consider approval of Resolution No, 04-35, the installation of a "Stop"sign and a "No Right Turn" sign in the City's right-of-way, located on the south side of the North Heights Lutheran Church entrance to North Snelling Avenue, Staff Recommendation: Staff recommends approval of Resolution No, 04-35. Advisory Commission Action: . o Planning o PTRC Date Date Action: DReviewed Action: DReviewed DApproved DApproved DDenied DDenied Supporting Documents: o Melllo/Letter: [8J Resolution (No, 04-35) o Ordinance (No, ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: . Administrator/Staff Comments: Staff has reviewed the Minnesota Manual of Uniform Traffic Devices and a stand alone post with two signs in an urban area is acceptable, ~ ~HILLS . CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 04-35 A RESOLUTION APPROVING A SIGN LOCATION ON NORTH SNELLING A VENUE AT THE NORTH lIEIGHTS LUTHERAN CHURCH ENTRANCE WHEREAS, the City Council approves the placement of regulatory traffic signage along City streets; and WHEREAS, the City Council approved a "No Right Turn" sign on May 13, 1985 as a condition of approval for Planning Case 84-21, Stage 1. WHEREAS, a "Stop" sign and a "No Right Turn" sign will be installed in the City's right-of-way, located on the south side of the North Heights Lutheran Church entrance to North Snelling Avenue, NOW, THEREFORE, BE IT RESOLVED that the "Stop" sign and "No Right Turn" sign be installed in the City's right-of-way, located on the south side of the North Heights Lutheran Church entrance to North Snelling Avenue as generally shown in Exhibit A, . ADOPTED by the City Council this 12'h day of April, 2004, Mayor Beverly Aplikowski ATTEST: Michelle Wolfe, City Administrator . I <{z a:; Q) ll. o (0 ...... b <Xl II o <Xl : ~ CD ~ (f) o o <Xl <'> o o N ~ '" => 15 <D U. .!I .,i ~! ~ .1; - !'lo;;lL;,::- i~~~~n ~ iiHiH ~ Hg;~~H '''hllt 2:h:[~H ~_~!hii; an~[:! c; ."j" ~~"i!!i_ ~~~i~!.H "'-O:(l!~j-:: Hi5~r8~ ~iHl;1!~~ UHH~! i~tH ~€fi '!L~H;;!.l! ~iig,i$l~] ~ c= i";q,t ~ ";:;'!'1" :,;;~u ~ ii ~hl~~ll_P "%'~i_ijUJ ~.>- t..,~." I; :j!.ll>'''.''J1:i: ~~B~U~~~ tHi'~~~~i Ii Hi~gl ~.!I ~.~ ~; ._J! 'l;. iHHuh ~'~~a.i&.~ .!l 5.2 .. ~ :;:; ~i nIlSU.,ll'-:; HihUH "- '" :E <D i(j Ol !fl (') >- C => o o >- <D E '" '" Gi tl ~ :s o III if) ~ ~ ~::E~d~".' ! c: '?z"'""" Z ~I:::i'.".<,: ~1O~13-E r...'\ 'l'i~~:Z'd ...... ~.. ; IJ~~ ~ ~ Silseth, Pang .. m: it: To: Subject: Silseth, Pang Thursday, April 15, 20042:26 PM Timesaver; Bulletin; CTV15; Focus News; Gammell, Ken; Pioneer Press (Allen Powell); Pioneer Press (Emily Topinka); Ramsey Co, Sherriff's; Startribune 4/19/2004 City Council Work Session Agenda Ii[] 04'19,04,doc (85 KB) Pang Silseth Office Support Specialist City of Arden Hills Phone: 651.634.5120 Fax: 651.634.5137 Website: www.ci.arden-hills.mn.us . . 1