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Home My WebLink AboutCCP 03-13-2006 ~.~.~..,...~ . ..:<....;.<:..' .....'..:. ,', ,.. ...:. -',> : "', .. " " .....m". ...., :0',' _,' ~'l:IIL ,,' .... ".,,' " .: ",,' -"" ,',.>: .:;: '''; :>- ,: :,' <> -;5 :'. ___'0 ".. ",:'"::""",.,, ,..~N~.~. L$ ,.,.:.:_;...:':::...:....;'.0 .... ._:.:....:.....:,..,..:. Arden Hills City Council Mayor: Beverly Aplikowski Councilmembers: David Grant Brenda Holden Gregg Larson Vincent Pellegrin 1245 W. Highway 96 Arden Hills, Minnesota 55112 651.634.5120 www.ci.arden-hills.mn.us REGULAR MEETING Monday March 13, 2006 City Vision A strong community that values our unique environment, our fiscal sOWldness, and our tradition as a desirable ci in which to live, work, and la . Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPROVAL OF MINUTES A. February 27, 2006 City Council Meeting B. February 27, 2006 City Council Work Session Minutes C. February 21, 2006 City Council Work Session Minutes Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar fonnat. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 3. CONSENT CALENDAR A, Claims and Payroll B. Resolution #06-25: Amending the City of Arden Hills 2006 Employee Compensation Plan C. Resolution 06-26: Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation D. Motion to Approve a Sign Moratorium for the City of Arden Hills 4. PUBLIC INQUIRlESIINFORMA TIONAL Pnblic 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 coounenls 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 6, NEW BUSINESS A, Planning Case #06-005: Minor Subdivision & Variance; Richard Kotoski-2105 ThomDrive B. Planning Case #06-006: Variance; Westlund-3552 Lake Johanna Blvd C. Planning Case #06-007: Site Plan Review; Bethel University-3900 Bethel Drive D. Planning Case #06-008: Special Use Permit; Karin Muska-3260 SneIling Avenue North E. Planning Case #04-0 I: Extension for Addition "J"; Daniel J. Riehle, Guidant Corporation, 4100 Hamline Ave N F. Motion to Approve City Staff Submitting a Grant Application for Funding Assistance Associated with Updating the City's Comprehensive Plan. 7. Unfinished Business A. Resolution #06-27: Approving Plans and Specifications for the Highway 96 Landscaping Improvement Project B. Resolution #06-27: Authorizing Advertisement of Bids for the Highway 96 Landscaping Improvement Project CITY COUNCIL REPORTS A. Councilmember PeIlegrin B. Councilmember Grant C. Councilmember Holden D. Councilmember Larson E. Mayor Aplikowski ADJOURN Arden Hills City Council Agenda March 13, 2006 Page 2 James Lehnhoff James Lehnhoff James Lehnhoff James Lehnhoff James Lehnhoff Karen Barton Kris Giga Kris Giga . . . Message Page 1 of I Jackie Freppert From: Jackie Freppert Sent: Thursday, March 09, 2006 10:54 AM To: timesaver02@aol.com; bob.fletcher@co.ramsey.mn.us; bulletin@lillienews.com; cwilson@ctv15.org; dprobst@mspmac.org; eg urnon@pioneerpress.com; focus@mnsun.com; kgprophet@aol.com; kmaltman@msn.com; mlsmith@startribune.com; smccann@startribune.com; ssch roeder@smithmicrotech.com Subject: CC Agenda for 3/13/06 Meeting Jackie freppert, Office Support Specialist City of Arden Hills Phone 651.634.5120 Fax 651.634.5137 www.ci.arden-hills.mn.lIs 3/9/2006 . . . ~ ~~JIILLS Approved: CITY OF ARDEN HILLS, MINNESOT A REGULAR CITY COUNCIL MEETING FEBRUARY 27, 2006 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7 :04 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Granl, Gregg Larson, and Brenda Holden. Absent: Councilmember Vincent Pellegrin (excused). Also present were City Administrator, Michelle Wolfe; Finance Director/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; Cily Engineer, Kris Giga; Assistant to the City Administrator, Schawn Johnson; City Platmer, James Lehnhoff; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Counci1member Grant moved and Councilmember Holden seconded a motion to approve the mccting agenda as presented. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. February 13,2006 City Council Meeting B. January 23, 2006 Work Session Meeting MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the February 13, 2006 City Council Meeting Minutes and the January 23, 2006 Council Work Session Minutes as presented. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - February 27, 2006 2 3, CONSENT CALENDAR . a. Claims and Payroll b. Resolution No. 06-23: Designating Polling Locations for the 2006 Primary and General Elections c. Resolution No. 06-24: Approving an Absentee Ballot Board for the 2006 State Primary and General Elections MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL None. 5. PUBLIC HEARINGS None. 6, NEW BUSINESS A. Motion to Approve Ordinance #37] - Revising the Peddlers. Solicitors. and Transient Merehants Ordinanee . Mr. Johnson stated at the May 31, 2005 City Council meeting, the City Council adopted a new Peddler, Solicitor, and Transient Merchant Ordinance. Overall, the new ordinance has been successfiIl. However, in December, staff received a peddler, solicitor, and transient merchant pennit request from a local Girl Scout Troop. The City's existing ordinance requires the Girl Scout Troop to submit a roster with the names and addresses of all the troop members to the City. Staff did not believe this information was necessary and therefore, consulted with the City Attomey to review potential language that could be inserted into the ordinance to minimize the infomlation requirements for exempt organizations. In February, City staff noticed a peddler was selling frozen shrimp along the Highway 10 and Highway 96 right-of-way. City staff requested the peddler leave the site and obtain the proper permit from the City. After reviewing the City's existing ordinance, the City Attomey recommended the definition of a peddler be redefined in the ordinance in order to ensure that peddlers selling goods and services in this manner are covered under the City's peddler, solicitor, and transient merchant ordinance. The recommended changes have been reviewed by the City Attomey and he is comfortable with the changes that staff is proposing. Councilmember Larson stated it was not clear to him how Schwan's and/or Simon Delivers would be exempt from the Ordinance. He stated it appeared the sentence being struck was what . . . . ARDEN HILLS CITY COUNCIL - February 27,2006 ~ ~ that sentencc was trying to do. Mr. Johnson responded he would need to receive a legal clarification from the City Attorney, but he understood even with this change, a business such as Schwan's and/or Simon Delivers would be exempt. Couneilmember Grant stated he was in favor of the Ordinance with the changes. MOTION: Councilmembcr Grant moved and Councilmember Larson secondcd a motion to approve Ordinance #371 - Revising the Peddlers, Solicitors, and Transient Merchants Ordinance. The motion carricd unanimously (4-0). B. Planninl! Case #06-002: Garv Findell, 1401 Skiles Lane - Minor Subdivision and Varianee Mr. Lehnhoff stated on February I, 2006, the Planning Commission voted to recommend denial of Mr. Findell's minor subdivision and variance request. Mr. Findell has suhmitted additional information to encourage thc Council to vote to approve this request. However, if the City Council prefers, the new material can be remanded back to the Planning Commission for further reVlew. He indicated Mr. FindeU is correct that if the existing dwelling wcre moved to a conforming location, a variance would not be needed and the proposed subdivision would meet all technical requirements ofthe R-1 Zone and the subdivision ordinance. If the variancc is denied, Mr. Findcll has indicated that he would move forward to have the existing dwelling relocated into a confoillling position. Furthermore, he would request the City Council to table the current minor subdivision application and remand it back to the Planning Commission for review without the variance request. Unfortunately, variances are rarely clear-cut issues. When reviewing a variance rclated to a subdivision, a City typically looks for a hardship related to the land and not the structures on the land. In Mr. Findell's case, the variance and perceived hardship is related to the structure. Ideally, a subdivision would only create a conforming lot with conforming structures. While the minor subdivision would result in a conforming lot, the variance request would increase the non- conformity of the dwelling. It is open to interprctation if a hardship to allow thc existing structure to remain within the sidc sctback exists since the dwelling can be moved into a confonning location. However, moving the dwelling would certainly result in the loss of several mature trees. The Planning Commission found that a hardship did not exist. The City can deny a subdivision application if it is determined that the subdivision would harm the public welfare; however, it would be difficult to make findings that this subdivision proposal would harm the public welfare since it meets or exceeds all provisions of the R-1 Zone and the subdivision ordinance. Although more review may be needed of Mr. Findell's assertions, a cursory review of the information he submitted related to lot dimensions in the neighborhood does indicate that the size of his proposed lots would not be unique or obtrusive in the neighborhood. ARDEN HILLS CITY COUNCIL - February 27, 2006 4 Mr. Lehnhoff stated he spoke with the City Attorney regarding Mr. Findcll's application. The . City Attorney conculTed with Staff and the Planning Commission that the variance did not mcct the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwelling were in a confonning location, especially since the subdivision does meet or exceed all ofthe requirements of the R-I Zone. He indicated a letter was received from Mark Bohnenstingel and Patricia Murphy, 1394 Skilcs Lane, of which each Councilmember received a copy. Mr. Lchnhoff stated he spoke with the City Attorney regarding Mr. Findell's application. The City Attorney concurred with Staff and the Planning Commission that the variance did not mect the legal criteria for a hardship. However, the City Attorney did indicate that it would be difficult to make findings that the minor subdivision was not consistent with the character of the neighborhood if the dwclling were in a conforming location, especially since the subdivision does meet or exceed all of the requirements of the R-I Zone Gary Findell, 1742 Hartford Avenue, St. Paul, summarized his proposal for Council. He indicated since the Planning Commission meeting, they have spoken with the neighbors regarding their plans. He noted the neighbors wanted to save as many trecs as possible. Hc stated if the trees were removed, it would decrease the property value, which he believed would be a hardship. He stated they were willing to agree to replace trees that would need to be taken out and to replace trees that might die as a result of construction. He indicated they would work . with the neighbors as much as they could, but this was private property. Coullcilmember Holden inquired on Lot 14 were there any mature oak trees. Mr. Findell responded the trees shown were pine trees. He stated their intent was to live in the newly constructcd home. Councilmembcr Larson asked what information was being brought forward now that the Planning Commission did not have at their meeting. Mr. Findcll replied they now had a graphic illustration that showed the lots would be consistent in size with the remainder of the area; as well as a number of acrials. Mr, Lehnhoff noted the Commission was aware of the possible moving of the existing house, but the Commission did not have the level of detail the Council has. Councilmcmbcr Larson stated in reading through the materials, he agreed with the City Attorney that it would be difficult to find a hardship to allow a variance based on saving trees alone. He did think they should allow the minor subdivision, and deny the variance. He did not believe trees were a reason to allow a variance and did not believe this had ever been done in the past. . . . . ARDEN HILLS CITY COUNCIL - February 27, 2006 5 Riehard Navratil, 1415 Skiles Lane, stated at the Planning Commission meeting he had expressed concern about trees. He noted since that time he had spoken with Mr. Findell and he was the person who told Mr. Findell about porches now being allowed and he believed porches added to a neighborhood feeling. He stated he has moved houses and he knew what disturbing the ground would do to the trees. He believed this was a hardship because of the effect the subsequent plans would have on the property. He noted what Mr. Findell was proposing to do would be spaced wider apart and would be more attractive to what was on the other side of the street. He stated the alternatives of moving the house was much more destructivc to the lot. He noted bringing in the equipment necessary to move the house would do major damage to the root structures of the trees and in order to make this financially feasiblc, the new home would have to be a very large home, which would not fit in with the neighborhood. He stated Mr. Findell's request was reasonable and he asked Council to allow this. Councilmember Larson stated he appreciated the comments made, but they had a standard for what was considered to be a hardship and trees did not constitute a hardship. MOTION: Councilmembcr Larson moved and Mayor Aplikowski seconded a motion to approve Planning Case No. 06-002, Gary Findell, 1401 Skiles Lane, Minor Subdivision with the following conditions: 1. The applicant shall file the minor subdivision with Ramscy County Revenue and Records and shall provide the City with a recorded copy within six months of the final approval date. The applicant shall provide a 12-foot drainage and utility easemcnt on the street right-of-way and a 12-foot drainage and utility easement centered on common lot lines. The applicant shall pay a park dedication fee as determined by the City Council. The structure on tbe western lot shall be moved to a location that meets all required setbacks on the R-l Zone, including the lot setback of 40-feet from the right-of-way. The structure on the western lot shall be moved into a location that meets all required setbacks before any building permits are issued for any new structures on either lot except for any permits needed to move the structure into a confornling location. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. The applicant shall comply with applicable provisions of the City Code and related ordinances. 2. 3. 4. 5. 6. 7. Councilmember Holden asked if there was any reason this should go back to the Planning Commission. Mr. Lehnhoff responded he did not see any reason this needed to go back to the Planning Commission. ARDEN HILLS CITY COUNCIL - February 27,2006 6 Couneilmember Holden stated she did believe trees were a hardship and the trees were an . important aspect of the community. She stated Arden Hills is noted for its trees and it is important to the neighborhood to retain the trees. Council member Grant asked if any other variance would be required if the lot line were moved six feet. Mr, Lehnhoff responded that an additional variance would be required to create a non- conforming lot width. Councilmember Grant stated it appeared there were other options here. Councilmember Larson stated the problem remained that the justification for the hardship would be trees and that was not a standard that they have used as a justification for a variance. Mayor Aplikowski stated she knew there were instances in the past where they had denied a building of a garage due to trees being destroyed in the process. Councilmember Larson stated the owncr had said he was willing to move the house and if they did not approve the Minor Subdivision, it appeared to him that they should send this back to the Planning Commission. Mr. Fiudell stated he would still want an easement between the houses so they remained 25 feet apart. He stated they would be comfortable with the 89-foot lot. Councilmember Larsou stated he did not believe an 89-foot lot would address the hardship issue. . Mr. Findell stated moving the house was possible, but he was concerned about the loss of trees. He indicated they would preserve as many trees as possible, but there was no guarantee the trees would survive. Mayor Aplikowski asked if they could approve this with a different variance. Mr. Lehnhoff rcsponded they could not approve a different variance tonight and that it would have to go back to the Plawling Commission. Councilmember Holden called the question. Mr. Lehnhoff inquired about the park dedication fee. Council member Larson amended his motion to establish the park dedication fee of $4,808.00, which was base don the value of the new lot only. The motion carried (3-1). (Councilmember Holden opposed). MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to deny Planning Case No. 06-002, Gary Findell, 1401 Skiles Lane, variance based on the absence of a demonstrated hardship consistent with the findings of the Planning Commission. The motion carried (3-1) .A (Councilmember Holden opposed). . . . . ARDEN HILLS CITY COUNCIL - February 27, 2006 7 7, UNFINISHED BUSINESS A. 2006 Lift Station Project - Reiectinl! of Bids Ms. Giga stated that staff recommends to reject the current bids for the lift station reconstruction project. She stated that other issues have arisen, such as inflow and infiltration, which staff feels are a higher priority and need to be addressed prior to the completion of this project. She noted that Operations and Maintenance staff have indicated that they are comfortable with this recommendation and feel that the current lift stations can be properly maintained as thcy have been to date. She noted $34,817.85 havc already been paid to the consultant for the design of the project. Future costs will be incurred when the City chooses to re-bid the project and complete the reconstmction of the lift stations. MOTION: Councilmembcr Grant moved and Councilmember Holden seconded a motion to reject the bids for the 2006 Lift Station Projcct. The motion carried unanimously (4-0). CITY COUNCIL REPORTS Councilmember Holden - Stated the Newsletter Committee mceting is tomorrow at 5:30 p.m. Couneilmember Grant - Stated thc Planning Commission will meet on March I, 2006. Councilmember Larson - Stated PTRC will meet tomorrow night at 7:00 p.m. Mayor Aplikowski - Staled Ramsey County League of Local Governments met last Thursday with the Legislatures. She noted she had received a request from the Chair of the 35W Coalition to give thoughts on their trip to Washington DC requesting funds for 35W. She also noted that the EDC would be hearing presentations from two proposers for the Economic Development Plan at their next meeting, March 15. She further indicated that the EDC was busy compiling business lists to schedule outreach and retenlion meetings with. Mayor Aplikowski adjourned the Regular City Council Meeting meeting at 8: 15 p.m. Bevcrly Aplikowski Mayor Michelle A.Wolfe City Administrator ARDEN HILLS CITY COUNCIL - Febmary 27,2006 NOTICE OF MEETINGS The ncxt Council Meeting will be held Monday, March 13,2006 at 7:00 p.m. at the Arden Hills Council Chambers. 8 . . . . . . ~ .--A~HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MONDAY, FEBRUARY 27, 2006, 8:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 Call To Order Mayor Aplikowski called the meeting to ordcr at 8:20 PM. Present: Mayor Aplikowski, Councilmembers: Gregg Larson, David Grant, and Brenda Holden Absent: Vince Pellegrin (excused) Staff present: City Administrator, Michelle Wolfe; Community Development Director, Karen Barton; and City Planner, James Lehnhoff. Development Standards Presentation/Diseussion Ms. Barton stated that she and Mr. Lehnhoff wished to present some information regarding current and potential development standards for the City, and to get direction from the Council of whether to proceed with the fonnulation of development standards, or keep things status-quo. Mr. Lehnhoff noted that several items had been handed out to the Council, including an updated Zoning Map, aesthetic zoning guidelines and information fTOm the League of Minnesota Cities and information from the City of Hopkins regarding their development standards and process. Mr. Lehnhoff gave a brief overview of the City's existing development and design regulations, noting that historically, development and design standards had been implemented utilizing Special Use Permits/Conditional Use Permits and Planned Unit Development agreements. Ms. Barton presented options to the existing standards and process through a number of examples of developments throughout the metro area and State. Ms. Holden inquired as to the occupancy rate of the Falcon Heights development. Mr. Lehnhoff stated that we didn't know off-hand, but could obtain the information and get back to her. Ms. Holden also noted that the City has typically given away more than they would've like to in negotiating SUP's and PUD's. Mr. Grant stated that especially with the upcoming redevelopment of the TCAAP site, this type of planning is important. . . City Council Work Session Meeting February 27,2006 2 Mr. Lehnhoff noted that this would provide a good stepping-stone for the development of the TCAAP property. Ms. Barton reiterated that these would need to be two wholly separate processes, but the TCAAP development standards should and would build upon the development standards for the rest of the City. Ms. Wolfe stated that one large piece we still need for TCAAP is the formulation of development standards. But that we also need development standards for other redevelopment and development projects in the City. Mayor Aplikowski noted that on Lexington Avenue, Red Fox, and Grey Fox Roads, we continue to see development and redevelopment and would definitely benefit from having standards. Mr. Larson stated that he felt this was a great idea and exactly what the City needs. He noted that too often things happen at a Planning Commission or Council meeting and it's too late to do anything at that point. He also felt that this would be a great tool for staff and an important one. He further stated that he believes we've gotten a lot less than what he feels we should have in the past eight years because we didn't have something like this in place. Mr. Lehnhoff stated that Arden Hills is a very desirable City for business to locate in and that he has received numerous inquiries. Mr. Larson also noted that the City has had other problems in the past with SUP's and PUD's when the Council felt they had to depart from standards defined in the agreements in negotiations with prospective businesses. Mr. Grant stated that without development standards, the City will continue to get the basic store that everyone gets. Ms. Holden remarked that she agreed that this would be a great thing for the City, and let's move forward. Mayor Aplikowski asked staff where things would go from here. Ms. Barton stated that staff would formulate a plan to develop and implement development standards for the City. She also noted that the plan would involve the Planning Commission, residents, staff, and the Council. Mr. Larson stated that TCAAP should be separate, but incorporated in the overall plan. Ms. Barton confirmed that this is the intent. . The meeting adjourned at 9:00 PM . . . City Council Work Session Meeting February 27, 2006 3 Respectfully submitted by Karen Barton. Beverly Aplikowski, MAYOR Michelle A. Wolfe, CITY ADMINISTRATOR . . . ~, ~~HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION TUESDAY, FEBRUARY 21, 2006, 5:00 P,M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 Call To Order Mayor Aplikowski called the meeting to order at 5:00 PM. Present: Mayor Aplikowski, Councilmembers: Gregg Larson, David Grant, Brenda Holden, and Vince Pellegrin Absent: None Staff present: City Administrator, Michelle Wolfe; Finance Director, Murtuza Siddiqui; Assistant to the City Administrator, Schawn Johnson; Operations and Maintenance Director, Tom Moore; Community Development Director, Karen Barton; Civil Engineer, Kris Giga; City Planner, James Lehnhoff; City Engineer, Deb Bloom; and URS Engineer, Greg Brown 2005 Performance Review of URS City Administrator Michelle Wolfe provided the City Council with an overview of the information that was compiled by City Council and City staff members pertaining to URS performance review for 2005. City Administrator Wolfe noted that each year, City Council and City staff completes an mmual review of the services received by the City from URS for engineering. In order to evaluate URS performance, City Council and City staff members were asked to answer the following questions. I. What are some of the things that you felt went well during the calendar year 20057 2. What are some of the concerns that you had with the perfonnance of the City engineer (URS) during the calendar year 20057 3. Are there certain strengths and weaknesses that you observed about the performance of URS in 20057 4. What suggestions do you have for any changes during calendar year 20057 5. Are there any other comments you would like to make about the performance of URS during calendar year 20057 City Administrator Wolfe compiled the survey responses and presented a list of the comments to URS at a January 31 sl meeting. In the work session packet, URS Engineer Greg Brown provided City Council and City staff with a memo responding to the comments received in the annual review. Mr. Brown stated that he has enjoyed working with the City of Arden Hills for the past eight years. He stated that a number of the comments in the performance review were fair and areas City Council Work Session Meeting February 21,2006 2 that URS will strive to improve upon in the future. He noted that the timeliness of receiving written information will probably improve now that the City has an engineer on staff. Mr. Brown also noted that his team will strive to improve its projected cost estimates in the future. . Mr. Greg Brown mentioned that his team is very comfortable working with the City's new engineer and the City of Roseville. URS typically works with communities that have an engineer on staff. He believes that this arrangement will be very good for the City in the future. Councilmember Holden thanked URS for being responsive to the City's engineering needs over the years. She was wondering if the final project costs included in the written report submitted by URS included the cost for right-of-way acquisition. Mr. Brown stated that the project totals do not include the cost for Right-of-Way acquisition and only included the actual construction costs. Councilmember Pellegrin noted in the annual report that there were concerns regarding timeliness of work on the part ofURS. Mr. Greg Brown noted that timeliness of work was a staff concern and that URS will work on addressing this issue in the future. Mr. Brown also stated that URS needs to do a better job of estimating project costs in the future. The construction market has changed and it is important that URS uses a more conservative approach when estimating project costs in the future. . CounciImember Pellegrin asked if URS is holding the contractor responsible for meeting project deadlines. Mr. Brown stated that URS has been working as the City's contract administrator in the past and tries to keep the contractor on schedule by withholding money for liquidated damages if the project is not completed on time. Councilmembcr Grant said that he was concerned about street reconstruction projects not being completed in the same calendar year. He would prefer that the project be completed during the same calendar year in which the project began. Councilmember Larson thanked URS for their quality engineering work for the City over the years. PTRC Vision Plan Members of the PTRC Committee presented to the City Council a vision plan for the City's park and trail system. The purpose of this meeting was to articulate a vision based on the 2002 Parks, Trails, and Open Space Plan to improve the City's existing park and trail system. The presentation discussed different ways of potentially improving the parks and trails system and the community's involvement in these programs. . . . . City Council Work Session Meeting February 21, 2006 3 The following is a list of the goals and objectives for the PTRC vision plan: . Engender meaningful discussion with the City Council; . Identify a vision for parks and trails that enhance the health and wellbeing of people in Arden Hills; . Develop strategies for bringing that vision into reality. Members of the PTRC noted that there is a strong interest in the City's parks and trails. The City offers its residents access to a broad array of natural resources, but these areas are difficult to access for our residents. The proposed vision plan will potentially enhance the well-being of citizens, improve property values, and increase the desirability of the City as a place to live and work. The following concerns were made by members of the PTRC concerning the City's existing trail system: . Existing trail system is disjointed; . Existing trail system is not conducive to walking or biking; . Existing trail system is beset with a number of safety issues, pertaining to busy streets that connect to the parks and trail system. The following recommendations were made by members of the PTRC concerning the City's park system: . Disk golf course at Ingerson Park-Estimated Cost=$7500; . Dog Park at Parkshore-Estimated Cost=$15,000; . Portable Warming Houses at Freeway and Valentine Parks-Estimated Cost~$9,000 installation and $1800 Per Year for Utilities. In order to improve the City's park and trail system, members of the PTRC recommended to the City Council that general fund dollars, park and trail dedication funds, federal grant dollars, and Minnesota DNR Outdoor Recreation grant foods be utilized for improving the City's overall park system. Members of the PTRC are requesting the City Councils assistance by adopting a vision for the City's parks and trails, identify and pursue strategies for improving the parks and trail system, and implement long range financing plans for achieving these goals. Councilmember Holden recommended that the City explore the possibility of starting a charitable funding organization for these types of projects. Councilmember Grant asked if the PTRC will be pursuing grant dollars for the proposed projects. City Council Work Session Meeting February 21,2006 4 PTRC Committee Member Bill Henry suggested that pursuing funding for parks- and trail- related projects would a joint effort between City staff and PTRC members. . PTRC Committee Member Cindy Wheeler presented members of the City Council with grant information through the State of Minnesota for park- and trail-related improvements. Councilmember Grant suggested that the City Council should discuss the role of the PTRC Committee in regards to pursuing funding sources for the parks system. Mayor Aplikowski said that it is important for the City Council to adopt a vision for the PTRC to pursue in the future. Councilmember Larson commended the PTRC for their presentation. He concurs with Counci1member Grant that the project list is well thought out, but the City's park dedication fees are drying up. The City may have to explore the possibility of using general fund dollars or possibly bond for future park improvement projects. Councilmember Holden said that the community needs to buy-in to the proposed improvement projects and community events. It is difficult to have community buy-in when city staff is asked to organize these events on an annual basis. She asked why the PTRC is recommending the leasing of portable warming houses. PTRC Committee Member Bill Henry noted that portable warming houses are less expensive and would not have to be constructed on-site. . Councilmember Holden stated the City needs to manage the buildings more effectively and utilize them for summer programs. Mayor Aplikowski said that the public may be more receptive to the vision plan if the City Council accepts it. Councilmember Grant recommended that City staff and PTRC members work together on applying for park improvement grants. Mayor Aplikowski suggested that City Councilmember's review the PTRC vision plan at the upcoming retreat. City Councilmember's accepted the PTRC vision plan and agreed to discuss the proposal the retreat and at future meetings. Old City Ha1IJPublic Works Site Appraisal Community Development Director Karen Barton provided the City Council with an overview of the appraisal process for the old City Hall/Public Works site. The appraisal was prepared by BRKW Appraisal, Inc. on the following scenarios: _ . 6.82 acres (297,079) as vacant; ... . . . City Council Work Session Meeting February 21, 2006 5 . "Limited Business" re-use of the property (allowing for offices, clinic, day care with over 10 children, financial institutions, research, clubs, and lodges); . Soils are stable and free of contamination; . All public utilities are available; . Highest and best use (deemed to be commercial, primarily office and/or medieal); . Access to Hamline Avenue. The appraisal was prepared utilizing a direct sales comparison approach, using five comparable properties that sold within the past three years. The comparable sale price ranges form $6.89 per square foot to $8.45 per square foot. Based upon the information received by BRKW, the estimated land value for the old City hall/publie works site is $2,375,000 (or $8.00 per square foot). City staff recently met with Royal Oaks to discuss the proposed development of this location. Royal Oaks expressed to City staff that they are still interested in developing the old City hall site in the future. City Administrator Wolfe stated that Royal Oaks just received a copy of the appraisal today. CouncilmembeT Grant stated that the first appraisal left out information pertaining to the access at Hamline Avenue. Community Development Director Karen Barton said that if there IS not an access off of Hamline Avenue, the value of this property may decrease. Councilmember Larson asked what is the projected cost for removing the old public works buildings and the existing compost site. Community Development Director Barton estimated that the clean-up cost for this site would be approximately $90,000. Councilmember Larson said that the increased property value may result in a more dense construction project. Councilmember Pellegrin noted that the appraisal is a good start, but it does not mean that the City will sell the land for that price. Mayor Aplikowski asked City staff members if they were seeking direction from the City Council to continue negotiations with Royal Oaks. City Administrator Wolfe said that Royal Oaks has asked if the City Council is still interested in pursuing the office condo development. Councilmember Holden said that she does not buy into the argument that the developer should be allowed to maximize the projects density due to the increased appraisal cost of the property. City Council Work Session Meeting February 21, 2006 6 Mayor Aplikowski said that the developer deserves a second chance to purchase and develop the property. . City Administrator Wolfe asked the City Council if they were still comfortable with the office condominium concept. City Council agreed to consider proposals for an office condo project at 1450 West Highway 96. Mayor Ap1ikowski requested that future comments and concerns be addressed by the Royal Oaks Company at a future meeting. CIP Discussion City Administrator Michelle Wolfe provided the City Council with an overview of the 2006- 2010 CIP discussion. She noted that this is a very complex issue for City staff to address. The memo included in the work session packet outlined a number of different scenarios for the City Council to consider. Members of the City Council were asked to address the status of the sanitary sewer fund, possibility of purchasing a SCADA system, and concerns about the Inflow and Infiltration (III) problems in the City. The CIP items for 2006 were approved as part of the budgeting process. City staff is seeking guidance from the City Council regarding fund balances and prioritizing future improvement projects. City Administrator Wolfe also noted that state aid funding is available, but the City did utilize MSA dollars for the Lexington Avenue and Red FoxlGrey Fox PMP project. If the City utilizes MSA dollars for the proposed Snelling Avenue PMP project the City may have to borrow ahead from the State of Minnesota to pay for future construction costs, depending on other project decisions. Or, the Snelling Avenue project may need to be delayed. . Sanitary Sewer Fund- If the proposed lift station project was eliminated from the 2006 CIP budget, the fund balance would be about $900,000 at the end of 2009. If the City Council decides to construct the lift stations, the fund balance would drop to $500,000. While it is difficult to acquire parts for the older lift stations, the Operations and Maintenance Department feels that the current lift stations can be maintained and operational for the next few years. With the newly identified inflow and infiltration issues for the sanitary sewer system, staff recommends that Council reject the bids for the 2006 lift station project. SCADA Svstem- The City of Roseville is currently in the process of meeting with vendors to explore the options of upgrading their sanitary sewer system with a SCADA system. As has been discussed in the past, Roseville and Arden Hills may be able to jointly purchase the SCADA system. The joint purchasc could result in some cost savings and benefits for both communities. City staff is currently reviewing the liability concerns to the City in regards to lift station failure. . City Council Work Session Meeting February 21, 2006 7 . Inflow and Infiltration (1&1)- City staff recently met with the Met Council to discuss the City's current 1&1 problems. Based upon the current data and conditions, the City eould face a $500,000 surcharge from the Met Council if 1&1 within the City is not reduced. This charge could be paid over five years, starting in 2007, but would be retrievable if the City spent money to reduce I&I. However, the City could "opt out" of the surcharge by committing an equal or greater level of local funding, to implement 1&1 reduction mechanisms. Staff is currently researching the situation and exploring different ways to minimize the III problems in Arden Hills and the $500,000 surcharge. Storm Sewer Fund- The 2006 PMP project includes a proposal estimate of $410,000 to be used from the Storm Sewer Fund. This amount will cause the fund balance to dip significantly below the informal balance of$500,000. However, the project fund balance by 2009 is estimated to be $600,000. Watermain Fund- . The projected fund balance for the watermain fund in 2009 is estimated to be $650,000. PCI Ratings/Software- City Engineer Kris Giga stated that the City could purchase a PCI rating software program from Good Point Technologies to estimate road maintenance and construction costs in the future. The City of Roseville currently utilizes the software to create cost estimates for future construction projects. The ICON software would costs roughly $500.00 per year. Councilmember Grant asked if the software could be utilized to estimate construction costs using a neighborhood approach. Roseville City Engineer, Deb Bloom stated that Good Point Technologies has the capability to run the PCI ratings in the City's current neighborhood PMP format. City Administrator reminded the City Council that they must take action on the lift station bids that the City received earlier this year. It is recommended by City staff that the lift station bids be rejected. Members of the City Council agreed that the lift station bids should be rejected at the next City Council meeting. . Councilmember Larson said the City's primary concern should be to reduce the amount of inflow/infiltration (I/I) in Arden Hills. City Council Work Session Meeting February 21, 2006 8 . City Administrator Wolfe concurred that it would be in the City's best interest to reduce the amount of VI in Arden Hills. Councilmember Larson asked how the Met Council computed the III totals for Arden Hills. City Engineer Deb Bloom said that the City of Arden Hills has a metered system that is operated by the Met Council for III flow. The City is allowed a certain amount of III during a given year. If the City cxceeds this amount, the Met Council passes on these extra expenses to the different cities. Inflow and Infiltration can also be caused by low storm drains, sump pumps, or root intrusion. City Administrator Wolfe said that the City must make a presentation to the Met Council in October describing the City's recent and proposed corrective actions to minimize the 111 problem in Arden Hills. City staff is very hesitant about recommending the construction of new lift stations when the City has VI issues that need to be addressed immediately. Councilmember Larson agreed with City staffs recommendations that improvements are necessary to the City's sanitary sewer system. City Administrator Wolfe recommcnds that the lift stations bids be rejected by the City Council at the next regular meeting. . Members of the City Council were in agreement with staffs recommendation to reject the bids for reconstructing lift stations. Councilmember Holden asked City staff if there were different options for the City to consider regarding seal coat and mill-overlay schedules. City Administrator Wolfe recently requested that the City of Roseville Engineering Department review the City's existing seal coating and mill-overlay schedule to determine what would be the best maintenance schedule for Arden Hills. It may be in the best interest of the City to postpone the proposed 2006 PMP project and review our existing road maintenance schedule. Councilmember Larson said that he is hesitant to postpone the 2006 PMP project. Councilmember Holden asked about Shoreview's plan for landscaping Lexington Avenue. Civil Engineer Kris Giga said that Shoreview is plmming to install pavers along the Lexington Avenue median. City Administrator Wolfe noted that the Ramsey County Sheriffs Department installation of emergency vehicle protection (EVP) systems in several locations. County policy is that individual eities pay for such equipment. For 2006, staff is recommending that we install the EVP systems at the following locations: · Lexington Avenue and 694-South Ramp . . . . City Council Work Session Meeting February 21, 2006 9 . Lexington Avenue and 694-North Ramp . Lexington Avenue and Red Fox Road . Lexington Avenue and Grey Fox Road Costs for this work will be shared with the City of Shoreview, since the above intersections border the two communities. Staff will propose that remaining intersections be installed in 2007. City Administrator Wolfe reported that staff was informed by Ramsey County that the Minnesota Department of Transportation will be making improvements to the traffic signals at Highway 10 and Highway 96, which will include an EVP system. The City may want to install the system at Highway 96 and Round Lake at the same time. Council asked about he proposed generator shown in the 2006 budget. Operations and Maintenance Director Tom Moore stated that the City currently has three generators. The City has a 250 KW generator at Lift Station #8 and a 500 KW generator for City Hall. The City also has a smaller portable generator that is on the back of a truck. Councilmember Pellegrin stated that hc thought the 500 KW generator for City Hall was oversized and that City may want to consider selling or trading this generator in the future. City Administrator Wolfe requested that the City Council review the list of projects that are currently not assigned an estimated construction date. Councilmember Larson noted that most of the unassigned projects are sidewalk and trail improvements. These items were part of the proposed PTRC vision plan. Mayor Aplikowski requested that members of the City Council review the unassigned project list and identify the projects by their perceived value. City Administrator Michelle Wolfe requested that the following issues be addressed by the City Council: . What is the appropriate fWld balances; . Which projects should utilize MSA funding; and . Place a priory value on unassigned projects. Mayor Aplikowski recommends that the 2006 Ridgewood Neighborhood PMP project should proceed as planned. It is not a good idea to push back the projeet at this time. Councilmember Larson also agreed that the project should proceed as planned. City Administrator Wolfe noted that the City will have to carefully watch its spending in the future. It is possible that the City may not have enough MSA funding available for future PMP projects if current projects proceed as planned. City Council Work Session Meeting February 21, 2006 10 Members of the City Council agreed to continue the CIP discussion at a future work session meeting. . Survey Requirements for Varianee Requests Community Development Director Karen Barton provided the City Council with an overview of the City's current survey requirements. At this time, the City currently requires all Land Use applications to submit a professionally prepared survey as part of the application process. The survey is used by City staff and the Planning Commission for analysis and to formulate a recommendation. This is particularly important when the legal description of the property is being affected or changed. While surveys are important and even vital in many land use and variance requests, staff does recognize that there are instances when a survey may not be necessary. The existing Arden Hills application does not grant staff the authority to waive the survey requirement for residents. In some cases this may be an unnecessary expense for the applieant. Therefore, in order to better serve the residents of Arden Hills, staff is requesting that the City Council consider authorizing City staff the ability to determine administratively if a survey is necessary on a case-by-case basis. Councilmember Larson asked for an example where the survey requirement could be waived. Community Development Director Barton noted that when a property's foot print is not expanding, it would not require a survey. . Councilmcmber Grant stated that he believed in the past, the Planning Commission did not always require projects to have a survey completed. Councilmember Grant agreed with the recommendation that the City staff should have the authority to waive the requirement for a survey as part of the application proeess. Members of the City Council concurred. This item will be placed on a future regular meeting agenda for formal action by the Council. Sign Moratorium Community Development Director Karen Barton provided the City Council with an overview of the proposed sign moratorium. Several months ago, the Cities of Eden Prairie and Hopkins were charged in a lawsuit that alleged their sign ordinance violated an individual's freedom of speech rights. These cases are still being litigated, but if the Cities of Eden Prairie and Hopkins would lose their cases, sign owners would be allowed to install signs without size, lighting, or height restrictions. Due to the on-going litigation, City staff is proposing that the current sign ordinance be amended to refleet recent changes to the Minnesota State Stahltes. The new ordinance may take six to . twelve months to complete. Given that the City is potentially open legal litigation pertaining to City Council Work Session Meeting February 21, 2006 11 . our existing sign ordinance, staff is requesting the City Council to consider implementing a sign moratorium for a period not to exceed twelve months. Members of the City Council were in agreement that a twelve month sign moratorium should be discussed at the next regular City Council meeting. Auditor RFP Proeess Finance Director Murtuza Siddiqui provided the City Council with an overview of the pros and cons for requesting a request for proposal (RFP) for auditing services this year. If the City Council chooses to place an RFP for auditing services, City staff advises that the process should start in June and conclude by August. An auditor selection is tentatively scheduled for this fall. The following is a list of the pros and cons for retaining the same audit firm for an extended period oftime: Pros- . . . . . Cons- . . . Auditor is familiar with the organization and accounting practices; Staff does not have to spend time explaining the organizations policies and procedures; Auditor is able to answer detailed questions about the City's current system; Auditor can be very helpful when a City has a small staff or staff turn-over. Unless an organization bids, it never knows if they are receiving competitive pricing; A long-term finance employee ean learn the auditor's techniques and use them to his/her benefit; An organization may not receive a fresh perspective if the receive services form the same auditing firm on a year-to-year basis. Members of the City Council were in agreement that City staff should complete an RFP process for auditing services. TCAAP Update City Administrator Michelle Wolfe announced that the GSA would like to schedule TCAAP negotiation meetings for sometime in March. The meetings would take place in Boston, MA. The GSA would like to schedule a meeting to discuss the FOST, FOSET, and term sheet (i.e. base value). Mike Comodeca, City's Legal Advisor, and a member of City staflhave been asked to attend the negotiation meetings in Boston. Couneilmember Holden suggested that the GSA meetings should be held in Minnesota. . Mayor Aplikowski said that other GSA officials may be able to attend the meeting if it is held in Boston. It may be advantageous for the City to attend these meetings. City Council Work Session Meeting February 21,2006 12 Councilmember Larson said it is important that the City continues to have open dialogue with the GSA. . Councilmember Pellegrin agreed that it is important to send representation to Boston. It is a good faith effort on the part of the City. Mayor Aplikowski stated that it may also be an opportunity for the City to schedule a meeting with our congressional representative in Boston. Councilmember Larson requested that City staff consult with our attorney to see if the Mayor should also attend these meetings. Membcrs of the City Council were in agreement that a City staff member should attend the GSA meetings in Boston. The travel expenses will be covered by the City. Council Reports Councilmember Pellegrin . No report. Councilmember Grant . Councilmember Grant reported that the new 800 MHZ radio tower has been installed . next to Mounds View High School. . The tree debris from last fall's storm has been removed from the Dahlke site in New Brighton. Councilmember Holden . Councilmember Holden noted concerns that the Ramsey County Sheriffs Department has not had a visible patrol presence in neighborhoods. City Administrator Wolfe said that she will contact the Sheriffs Department to express these concerns. . Northwest Youth and Family Services is hosting its annual leadership luncheon on May "d J . Couneilmember Larson . Councilmember Larson reported that the City of Forest Lake is considering the construction of round-abouts on its local streets. . Councilmember Larson requested that City staff research the assessment practices that were used with the Island Lake Beach Club for non-developable property. The City Council needs to review its past practices before making any decisions regarding property assessments for the 2006 Ridgewood PMP project. Mayor Aplikowski . Mayor Aplikowski reported that Odd Fellows is requesting a waiver on the proposed park . dedication fees being charged by the City. . . . City Council Work Session Meeting February 21, 2006 13 · Mayor Aplikowski is schedulcd to testify at the State Capitol regarding eminent domain on behalf of the AMM. The meeting adjourned at 9:30 PM Respectfully submitted by Schawn P. Johnson Beverly Aplikowski, MAYOR Michelle A. Wolfe, CITY ADMINISTRATOR . Prepared by: Murtuza Siddiqui Dept.: Finance Council Mtg. Date: March 13, 2006 Final Action Needed By: March 13, 2006 ~ ~HILLS City ot Arden Hills Request for Council Action 'W\S i"u",,'.."~ , , Agenda Item ~~. Claims & Pavroll Budgeted Amount: Across City BudClet - All Funds Actual Amount: See Financial Implications Funding Source: Across City Budget - All Funds 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: Commission Date Action Planning PTRC Not Appiicable Notl\pplic;"bIEl. uN_"t,,,fJpiiC<lble Supporting Documents (which are attached to this Action Form): . D Memo/Letter: D Resolution (No. ) o Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Payroll and Claims Reports Financial Implications: Payroll #4- $56,835.67 Accounts Payable Claims Since 2/27/06 Council Meeting: 1. Paid Claims - Batch 013-02-2006: 2. Paid Claims - Batch 014-02-2006: 3. Paid Claims - Batch 016-02-2006: 4. Paid Claims - Batch 017-02-2006: 5. Paid Claims - Batch 001-03-2006: 6. Paid Claims - Batch 003-03-2006: 7. Unpaid Claims - Batch 015-02-2006: 8. Unpaid Claims - Batch 002-03-2006: Claims Total Administrator/Staff Comments: $ 2,258.02 $ 16,969.14 $ 6,865.97 $ 282.09 $ 22,256.48 $ 2,235.51 $ 95,885.80 $ 16.229.82 $ 162,982.83 . Page 1 of 1 . t: N ~ 0 !: ~ "' ,- ~ .'" ~ N 0 ~ N "' '" ~ 0; ~ :;i " N '" Z ~ ;'; N N ~ '" ~ ~ ~ ~ N N '" of ~ N ,.; " :;.;.: ~ t; e, 0 ~ N ~ ~ '0 00 ~ ~ 0 ~ ~ 0 ~ 0 0 :<; 0 ~ ~ ~ '0 v, ~ 00 0 ~ ~ 0 ~. N ~ N ~ N ~ N 0 ~ 00 0 ~ ~ ~ 0 0 0 ~ ~ ~. ~ ~ ~ N 0 ~ ~ 00 ~ ~ ~ N 0; ,-C '" ,-C ,.; ..; ,.; -; 00 " ,-C '" ~ " 0; g :c ~ ~ '" 00 ~ ~ ~ 0 '" .... ~ N ,-C ~ ~ ~ :0; ~. 00 ~ ~ 00 ~ ~ 00 ~ ~ ~ ~ 00 ~ ~ 00 ~- N ~ ~ 00 ~ '" ~ ~ ~. 00 ;!, ~ ~ ~ ~ ~ :0; :~. ~' ~ of ;; of of - ..; 0 N ~ ~ 00 00 00 ~ ~ ~ '" ,-: i '" '" " ... '" of '" of ~ ~ ~ ~ " 0 ~ z 0 ~ i5 " 0 ~ z 8 :0 .... ~ 0 .. '" U. E '" .... ;g c ~ ~ " "' ." 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'" '" (") >, ~ ~ ~ 0 " 0 0 0 0 0 '2 0 0 0 C} = N N N 0 S .2 .c .c .c c<', ..0 .~ 2 2 2 "? '-' >, " . . co :>: :>: ;; 0 ~ ~ .0 ~ 0 (],) ro 0 " " " .., i:O S3 :ss Q .<: u 0 '" ~ C ;;; ro 0) " or, S c:l ~ 6 '0 .,. ~ ~ '" i u ~ -< ~ ro 0 ... " "-< ~ "' ~ 0 '0 l' 0 '" '" '" < " E Z C 0 v " 0 > Oi 0 N '" . 0 t U '" " " '" .,. .,. '" 00 0 6 :g ':: ':: ... 00 " '" " " Co ~ 0. " '2 :D '" ~ 0 0 N N P- N " ;:j 0) .2 Z Z E 0 0 P- o '" co '" >, .~ 0 0 " 0 o c.::: ;;; c ~ 1:: ~ " 0 0 00 0 W N -0 C '" t: '" 0 0 " 0 c:l U J:.I.l 2 0 '0 0 Q '" '7 '7 " '7 0' " " U'l '" 0 u i:O " " S 0 U'l ~ 0 <: 0 C 0 C ~ OIl u E <: :>: CI ~ 'C ~ " . z "-< 0 ~ ~ U'l Z Sd ;,: -< . . . ~ .--A~HILLS City 01 Arden Hills Request for Council Action Prepared by: MW Dept.: Admin Council Mtg. Date: 3/13/2006 Final Action Needed By: Agenda Item .~.~ Approve Resolution No. 06-25, AmendinQ the Citv of Arden Hills 2006 Compensation Plan Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: N/A Council Action Request: Motion to approve Resolution No. 06-25, Amending the City of Arden Hills 2006 Employee Compensation Plan. Staff Recommendation: Staff recommends approval of the proposed resolution and amended pay plan, which incorporates title changes for two City positions as described in the attached staff report. Advisory Commission Action: Commission Date Action .-.---- ----- Not Applicable Not Applicable Supporting Documents (which are attached to this Action Form): 1ZI Memo/Letter: From City Administrator Wolfe, dated March 7,2006 1ZI Resolution (No. 06-25) D Ordinance (No. D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: Administrator/Staff Comments: See attached memorandum dated 3/7106. Page 1 of 1 " . . . ~ ~~HILLS MEMORANDUM DATE: AGENDA ITEM 3B March 7, 2006 TO: Mayor and City Council FROM: Michelle Wolfe, City Administrator /1(w(41 SUBJECT: Resolution No. 06-25, Amending the city of Arden Hills 2006 Employee Compensation Plan I have had discussions with Council regarding a recommendation to change the titles of two City positions. The following changes are proposed: Current Title New Title Assistant to the City Administrator Finance Director/Treasurer Assistant City Administrator Chief Financial Officer/Treasurer There are no job duty or responsibility changes, nor are there any salary adjustments, that accompany these recommended changes. They are changes in title only. However, the City Attorney indicated that the appropriate document in which to formally approve the changes is the approved compensation plan. If approved, staff will reflect the changes in other city documents (for example job descriptions) as necessary. Therefore, the only changes made in the attached amendment are the two title changes. RECOMMENDED ACTION Motion to approve Resolution No. 06-25, Amending the City of Arden Hills 2006 Employee Compensation Plan. Attachments: Proposed Resolution No. 06-25 Proposed Amended Compensation Plan \\Mctro-inct.us\ardcnhills.\Admin\City Administrator\Mcmo\2006\3-07-06 Memo RE Title Changes. doc . . . ~ ~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY ST ATE OF MINNESOT A RESOLUTION NO. 06-25 Amending the City of Arden HiIIs- 2006 Employee Compensation Plan BE IT RESOLVED by thc City Council ofthe City of Arden Hills, Mimlesota amends the 2006 Employee Compensation Plan as found in "ATTACHMENT A" to includc the following position title changes: . Finance Director/Treasurer changes to Chicf Financial Officer/Treasurer . Assistant to the City Administrator changes to Assistant City Administrator ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF MARCH, 2006. ATTEST: BEVERLY APLIKOWSKJ, MAYOR ._.~_. MICHELLE A.WOLFE, CITY ADMINISTRATOR \\Mc:tro-inet.us\Ardenflills\A.dmin\Council\Resolutions\1006\06-25, A Resolution Amending the 2006 Employee Compensation Plan.doc . . . '" i '........'. j '" <'- <'- '" <'- '" N '" - N N - - '" '" '" ..., '" co - co N - '" "" "" "" "" '" '" 00 "" "" '" c;. CO '" 00 Of' - - '" '" '" "!. .-: '" '" '" '" .n ..; ..; ..; ..; ..; M M '" '" ,:: :'::,: , '" '" '" 00 '" 00 '" '" '" '" '" N N N '" ..., "" "" '" - CO N N "" '" '" N N '" - '" '" '" - "'< 00 <'- "" '"l. "'. "'. '"l. '"l. 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'- .- '0 U .- " ~ u " u u ~ ~ 0 u Cl Clo:l 0 i>: "" 0 0 ~ :u '0 '- "" ~ o j:' U . ~ ~HILLS City ot Arden Hills Request for Council Action > Prepared by: MW Dept.: Admin Council Mtg. Date: 3/13/2006 Finai Action Needed By: 3/13/2006 Agenda Item al '\0,Ee,.;;, Approve Resolution No. 06-26, SupportinCl the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: N/A Council Action Request: Approve Resolution No. 06-26 Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. Staff Recommendation: Approve the proposed resolution, which was drafted by the AMM for member cities to consider, and direct staff to forward to the legislative delegation and to AMM. Advisory Commission Action: Commission Date Action . Supporting Documents (which are attached to this Action Form): 1ZI Memo/Letter: Memorandum from City Administrator Michelle Wolfe dated 3/7/06, and letter from AMM Executive Director Louis Jambois, dated February 10, 2006. 1ZI Resolution (No. 06-26) D Ordinance (No. D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: None. Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~~ILLS MEMORANDUM HATE: March 7, 2006 AGENDA ITEM 3C TO: Mayor and City Council Michelle Wolfe, City Administrator ~~ Resolution No. 06-26, Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation FROM: SUBJECT: At a meeting with Ramsey County last week, City Managers and Administrators discussed the proposed resolution drafted by the Association of Metropolitan Municipalities (AMM) regarding the MVST Constitutional Dedication. This is a very important issue in the metropolitan area that will have long-term impacts on how transportation and transit are funded. Because of the organized opposition to this amendmcnt in greater Minnesota, some believe the passage of this amendment may be threatencd. In addition, some legislators are discussing revising the amendment, which could also threaten passage of the amendment. The AMM has taken a leadership position on this matter due to its importance to metropolitan communities. If you vote to approve this resolution, we will forward it to our legislative delegation as well as toAMM. RECOMMENDED ACTION Motion to approve Resolution No. 06-26, Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportalion. Attachments: Proposed Resolution No. 06-26 Letter from AMM Executive Director Louis Jambois \\Metro-inet,us\ardenhiIJs\A.dmin\City Administrator\Memo\2006\3-07-06 Memo RE Canst Amendment.doc . . . ~ ~~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 06-26 A RESOLUTION SUPPORTING THE CONSTITUTIONAL AMENDMENT FOR MOTOR VEHICLE SALES TAX DEDICATION TO TRANSPORTATION WHEREAS, the City Council of Arden Hills is the official governing body of the City of Arden Hills; and WHEREAS, Minnesota's transportation and infrastructure forms the backbones of the State's economy and has a direct impact on future economic development; and WHEREAS, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with its growing population demands; and WHEREAS, local governments throughout the State struggle to maintain local transportation systems while the State's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; and WHEREAS, the Minnesota Legislature has repeatedly turned to rcvcnue from the motor vehiclc sales tax, which has been viewed as user fee revenue, in order to fund highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; and WHEREAS, the Legislature passed a proposed constitutional amendment during the 2005 Legislativc Session that would appear on the November 7, 2006 ballot asking voters ifthc remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; and WHEREAS, passage of this amendment would mean an increase in more stable revenue for highway and transit systems throughout the State and would raise approximately $300 million per year oncc thc transfer of revenue is fully phased in by 2011. NOW, THEREFORE, BE IT RESOLVED, that the City of Arden Hills strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of thc motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS . THIS 13th DAY OF MARCH, 2006, ATTEST: BEVERLY APLIKOWSKl, MAYOR MICHELLE A.WOLFE, CITY ADMINISTRATOR . . . .. AHociation of Metropolitan Municipalities February 10,2006 Mayor Beverly Aplikowski City of Arden Hills 1443 Bussard Ct Arden Hills, MN 55112-3628 Re: Constitutional Dedication of the tviotor Vehicle Sales Tax Dear Mayor Aplikowski: . In 2005, the legislature passed a proposed constitutional amendment that would dedicate 100% of the existing motor vehicle sales tax (MVST) to the highway user tax distrihution fund. Previous legislation has already dedicated this money to highway and transit funding under state statute, but as a result of budget shortfalls preceding administrations have used the money to balance the budget. Placing the motor vehicle sales tax in the highway user fund through a constitutional amendment would ensure dedication of the funds. The current proposed amendment, which is enclosed, would take at least 40 percent of the revenue generated by the existing motor vehicle sales tax and dedieate it to transit statewide, and would dedicate no more than 60 percent of the funds towards highways statewide. The conversion of money from the general fund, where it had previously been rerouted, will take place over five years being fully phased in by 2011. There are three issues that have made the Constitutional dedication controversial. First, the amendment language does not guarantee a fixed amount for roads. Second, there is concern that the public will consider the problem to be "fixed" if they vote for the amendment, when we know that the MVST amendment will only provide about 25% of the funding necessary to maintain our current level of congestion. And finally, the dedication of MVST to transportation financing will create a hole in the general fund. Critics consider these issues to be fatal flaws and are campaigning against the amendment as it is written. None of these issues, either singularly or in combination is sufficient reason to oppose the amendment. While critics argue that roads will be left out, each biennium . 145 University Avenue West Saint Paul, Minneso/a 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-mail: amm@amm145.org . proceeds from MVST must be legislatively appropriated for roads and transit. Highway funding has a very strong constituency in the legislature and road construction will get its fair share. While it's also true that MVST will only provide a portion of the necessary transportation funding, ($300 million in additional funds compared to a $1 billion need), it represents an important first step toward additional funding. And finally, while dedicating MVST to transportation may leave a shortfall in the general fund, MVST is a transportation related tax that should be dedicated to transportation uses. The AMM has taken a position, through its transportation policy committee and board of directors, of supporting the proposed constitutional amendment as it is currently drafted. It is acknowledged by transportation advocates and municipalities alike that the current draft of the proposed amendment could have been done differently, however drastic changes to the language at this late stage undermine the ultimate passage of the amendment. The AMM is aware of attempts to change the current language of the amendment and/or defeat the current an1endment as it is proposed. Ibe AMM is encouraging individual cities to pass resolutions supporting the passage of the constitutional amendment. Funding for highways and transit is increasingly more diffIcult to secure and a dedicated more stable source of funding must be sought. . Enelosed is a sample resolution that can be used as a starting point for individual city resolutions. We are encouraging cities to pass the resolutions, return an adopted copy and the resolutions will be used in AMM's legislative campaign to show legislators that cities support the passage of the MVST amendment. If there are any questions or concerns please feel to contact either Sarah Erickson at 651-215-4003 sarahia:lammI45.org or Louis Jambois at 651-215-400110uis@ammI45.orgformore information. \..,Siz:;Q y;---\ " .' I " \. .~-- ouis J a~15ois Executive Director c.c. City AdministratorlManagers . ~ ~H1LLS City ot Arden Hills Request for Council Action .prepared by: KB & JL Dept.: Com. Dev Council Mtg. Date: 3/13/2006 Final Action Needed By: n/a Agenda Item Ikl Proposed SiQn Moratorium Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: Consider adopting a sign moratorium while staff prepares an updated sign ordinance that is in conformance with State statutes. Staff Recommendation: Approve the moratorium as written. Advisory Commission Action: Commission Date Action Not Applicabie NotAppli""bie Not applicable .. Supporting Documents (which are attached to this Action Form): 1ZI Memo/Letter: Report to the City Council Proposed Sign Moratorium D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: ., Page 1 of 1 . - e ~ ~~HILLS MEMORANDUM DATE; March 8, 2006 Agenda Item 3,D TO: Mayor and City Council FROM: Karen Barton, Community D;~ent Director James Lehnhoff, City Planne/ I Sign Moratorium SUBJECT: Backl!round At the February 20, 2006, City Council work session, there was a discussion regarding the need to update the City's sign ordinance. Recent court cases in Minnesota and around the country regarding billboards and other forms of advertising have prompted us to review the Arden Hills sign ordinance to ensure that it is conformance with State statutes and is meeting City needs. Sil!n Moratorium While we are already working on an updated sign ordinance, staff is proposing a one year moratorium on all new permanent signs. In order to help make the moratorium a smooth transition for residents and business, the following exceptions are proposed in the moratorium: 1. Signs in commercial and industrial areas may still be refaced provided that the new facing is not any larger than the previous face. Re-facing refers to changing the message on the sign and not the sign structure itself. This process would still require a permit. 2. Residential areas can post a sign that is six square feet or less in size without a permit. A primary reason for this provision is to allow residential properties to post a for sale sign without the need for a permit. 3. New temporary signs may be posted with a permit for up to 90 days or upon termination of the moratorium, whichever is earlier, subject to certain provisions listed in the moratorium. For either re-facings or temporary sign requests, we would continue to use the same sign application form and $50 fee that is already in place. The proposed moratorium with the exceptions above is attached to this memo. Although changes can be made, the proposed moratorium can be adopted as proposed. The City Attorney \\Metro-inel.us'lardenhills\PlanningIPlanning Casesl.2006\06-XXX Sign Ordinance (PENDING) \030806 CC Reporl-sign moratorium. doc Page 1 of2 did review the first draft ofthe sign moratorium and recommended keeping the moratorium as simple as possible. A moratorium can be enacted for up to one year without a public hearing or Planning Commission review with at least three affirmative votes from the City Council. If the moratorium is needed for more than one year, it can be extended after a public hearing is held; however, we anticipate adopting a new sign ordinance within next few months. Upon adoption of a new sign ordinance, the moratorium will be lifted. Options 1. Approve the Sign Moratorium as submitted with at least three affirmative votes. 2. Approve the Sign Moratorium with changes with at least three affirmative votes. 3. Table for additional information or review. Attachments 3D-I Proposed Sign Moratorium \lMetro-itJerus\ardenhilJsiPlanningIPlrmning Cases\2006\06-XXX Sign Ordinance (PENDING)\030806 - CC Repm" - sign morarorium.doc Page 2 of2 . e e . - - STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO A MORATORIUM RELATED TO THE PLACEMENT OF SIGNS The Arden Hills City Council Ordains: 1.0 2.0 Recitals I. The City of Arden Hills ("City") is in the process of reviewing its regulations regarding new permanent signs and temporary signs in the City. 2. As used herein, "Sign" means any name, identification, description, display, logo, illustration or device which is affixed to, painted or represented directly or indirectly upon a building or other surface or piece of land, and which directs attention to an object, product, placc, activity, person, institution, organization or business. 3. The existing Sign Ordinance is incompatible with City goals and may allow undesirable sign types and sizes. 4. The City anticipates that there will be additional submittals for the construction of new permanent signs in the City. 5. In order to permit the City Council to review and evaluate changes to the City's current regulations and to preserve the integrity of the planning process, the Arden Hills City Council hereby detennines that a sign moratorium for new permanent signs temporary is appropriate. The City hereby adopts a sign moratorium applicable to thc construction or installation of new signs in the City except for the following: 1. Construction of signs in residential sign district 1 and district 2 (Figure 1) shall be allowed without a permit, provided that they are six square feet or less in size, are less than eight feet in height, maintain the structure setbacks of the underlying zone, and are not illuminated in any form. 2. The sign face on an existing wall, freestanding, monument, or pole sign may be replaced with a sign permit provided that the new sign face does not exceed the dimensions ofthe sign face before the adoption ofthis Moratorium. 3. Temporary signs may be permitted with a sign pennit for a total of90 days per calendar year or upon tennination of the Moratorium, whichever is carlier, provided that the temporary sign does not require any new construction or structural modifications and is in accordance with the sign area, height, and lighting restrictions listed in Table 1. 4. Off-site signs and billboards shall be prohibited in all sign districts in Table 1. 5. Official public notices or waming signs required by local, state or fcdera1law, including but not limited to traffic control and other regulatory purpose signs may be posted without a sign permit. 3,0 Duration of Moratorium, The sign moratorium will commence on the effective date of this ordinance and will continue for one year thereafter unless otherwise terminated or extended by action of the City Council. . 4,0 Enforcement. The City may enforce any provision ofthis ordinance by mandamus, injunction, or any other appropriate civil remcdy in any court of competent jurisdiction. 5,0 Separabilitv. Every section, provision, or part of this ordinance is declarcd separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Effective Date, This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Arden Hills City Council. Adoption Date, Passed by the Arden Hills City Council on this _ th day of March, 2006. Beverly Aplikowski, Mayor e ATTEST: Michelle Wolfe City Administrator e 2 - - ~ " ~ is ~ " 05 . is " ~ is c " (;3 " .c c " Vi t' . . o Co e " ... . ..!! . ." . . ." C . ;; , ~ :0 . ... I : ~ ~ EQ I i ~ ~ ~ ~~~..J Q\ I I I '" I I I I I I~.. ~OJ ~ __ 0 0 P I I"l.~ 'I ... c"" 0;: 4.l ~ I f ~ 2 r-Q '" ~ o on "" g.." ~ ....0'1 ~, gf\O ;s .~ " ..l , N N '" .~ ~.." ~, ::.l" Q ~ " 0: : ~~ "5 "0 ~ :5 'fi~ 0: ." o E ~ ~ ~ ,t:J"O;:; .c Q .~= . z >. . ~ . " OJ x OJ "" "' - .. ." . . e e o u ~ .. e ";' Q o Z Ol ." Q . ~ '" . ~ . ;0 . ~ '" Q o 7. " Co i:' c '" Vi ..l ..l .,; ::< ':;; o M ':;; '" .. 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" ~ o " ~ ] J .s~ F ~ x .:s i ~ 53:e~ ~ ~H1LLS City at Arden Hills Request for Council Action .prepared by: JL Dept.: Com. Dev Council Mtg. Date: 3/13/2006 Final Action Needed By: 4/6/2006 Agenda Itemfii;A PC #06-005: Minor Subdivision & Variance: Richard Kotoski : 2015 Thom Drive Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: Consider the requested minor subdivision and variance to divide one existing parcel into two properties to create one conforming and one non-conforming lot. Staff Recommendation: Deny the minor subdivision and variance request. Advisory Commission Action: Commission Date Action _._.......__n_._ Planning. PTRC Supporting Documents (which are attached to this Action Form): ., 1ZI Memo/Letter: Report to the City Council Letter, survey, and drawings from the applicant D Resolution (No. ) D Ordinance (No. ) o Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: Administrator/Staff Comments: " Page 1 of 1 . e - ~ ~ILLS MEMORANDUM DATE: March 6, 2006 Agenda Item 6,A TO: Mayor and City Council FROM: James Lehnhoff, City Planner) t SUBJECT: PC #06-005 Riehard Kotoski 2015 Thorn Drive Minor Subdivision & Varianee Backl!round The applicant is requesting a minor subdivision of a .70 acre property at 2015 Thom Drive in the R-2 Zone. Parcel A, a comer lot, is proposed to be 95 feet by 174 feet for a total area of 16,530 square feet. The minimum lot width for a lot in the R-2 Zone is typically 85 feet; however, Section 1130.07 Subd. 8 of the City Code of Ordinances requires comer lots to be ten feet wider than the minimum lot width for a particular zone. In this case, the minimum lot width is 95 feet for the comer lot. Parcel B, the interior lot, is proposed to be 81 feet by 173 for a total area of 14,013 square feet. The minimum lot width for interior lots is 85 feet; therefore, a variance is required to create a non-confomling lot due to substandard lot width. The applicant proposes to demolish the existing dwelling and accessory structure. A letter has been submitted detailing the basis for the variance request. For additional background information, please refer to the March 1,2006, Planning Case report. This report is available online at })tto://www.ci.ar.4en-hiHs.rnn.us/CopncilandCommittc~51P]a1UlingCommission/Mar06PC."Q.!m_ P1anninl! Commission Recommendation At their March 1,2006, meeting, the Planning Commission reviewed Planning Case #06-005 and voted unanimously to recommend denial of the variance based on the three following findings of fact: I. Thc hardship is based on an inconvenience. The property currently has reasonable use and can accommodate a single-family dwelling that is comparable to others in the \\Metro-inel.lls\ardenhills'Planning\Planning Cases12006106-005 Kotoski minor subdivision and variance (PENDING) 1030206 CC Reporl- Kotoski Minor Subdivision & Variance. floc Page 1 of3 neighborhood and meets all requirements of the R-2 Zone without the need for a Variance. 2. The conditions on the property are generally not unique. Most residential properties in the ncighborhood and throughout the City are already subdivided to their smallest possible size under the current Ordinance. While a comer lot does require ten more feet in width than interior lots, that regulation is applied to other comer properties as well. 3. While this subdivision may not be directly detrimental to the public welfare or adjacent lots, allowing the creation of new, non-conforming lot is contradictory to the Zoning Ordinance and the Subdivision Ordinance when there is currently reasonable use of the property. The Planning Commission also voted unanimously to recommend denial of the minor snbdivision based on the following five findings of fact: I. The submitted survey was prepared by a registered land surveyor and meets pertinent City requirements. 2. Parcel B, the interior lot, does not meet the minimum 85 foot lot width requirement. The proposed lots meet all other area requirements ofthe R-2 Zone. 3. While there are two lots immediately north of the subject with substandard lot widths, approximately 50 feet each, all other properties on Thom Drive in this neighborhood meet or exceed the minimum lot width. Although the subdivision may not be injurious to adjacent properties, Parcel B does fail to meet the full minimum requirements of the R-2 Zone. 4. The applicant has met all other applicable requirements of the Subdivision Ordinance. The proposed lots have access to a public road, have adequate buildable areas, and mect the requirements ofthe R-2 Zone. 5. All required application fees have been paid. This subdivision does result in the creation of one new residential lot. Under Section 1130.08 of the Subdivision Ordinance, the park dedication fee would apply to this case. The Recreation and Conservation portion (Subd. 2) requires that all subdivisions dedicate a portion oftheir land for recreation and conservation purposes or, as deemed comparable value by the City Council, pay a park dedication fee in place of a land dedication. Resident Comment Staff has not received any letters or telephone calls from property owners or occupants in regard to this planning case. Deadline for Ageney Actions The City of Arden Hills received the completed application for this request on February 6, 2006. Pursuant to Minnesota State Statute, the City must act on this request by April 6,2006 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. \\Metro-inet,u~'\(1rdenhiflsIPlann;/TgIPlnnnillg Cnses\2006106-005 Koloski minor subdivision l1mi variance (PENDING)\030206 ~ CC Report- KOloski Minor Subdivision & Variance. doc Page 2 00 - e 4t . - 4' Options 1. Approve the minor subdivision and variance as submitted. 2. Approve the minor subdivision and variance with conditions. 3. Deny the application. The findings of fact currently support denial. 4. Table for additional information. If additional infonnation is required, please state a specific request for additional information and the reasons it is needed. The variance and minor subdivision are contingent upon each other for approval. rfthe Council should move toward approval, findings to support the approval for both applications must be stated. Attaehments 6A-I Letter, survey, and drawings from the applicant IL'\.!etro-inet.llslardenhillsIPlanningIPlanning Cases\2006106-005 Koloski minor subdivision and variance (PENDING) 1030206 - CC Report- KOloski Minor Subdivision & VMlance.doc Page 3 of3 . - ., City Council Meeting March 13, 2006 Attachment 6A - 1 Letter, Survey, and Drawings from the Applicant . e -- James Lehnhoff Planner, City of Arden Hills February 6, 2006 Dear Mr_ Lehnhoff: I am requesting a variance for a lot split that would produce a conforming comer lot of 95'xI74', 16,530 square feet and an 81'x174', 14,094 square foot lot. The only variance needed is for the width of the 81 foot lot. The square footage is tar above code requirements. The minimum building pad for this lot with a 9 foot side set on each side would be 63 feet wide which is more than satisfactory. The maximum building pad size for the conforming 95 foot comer lot is 49 feet wide_ Functionally the 81 foot wide lot is fine. I am aware that to the north and adjoining this property are two 50 foot wide lots, each with single family homes on them. This entire lot is conforming under R2 for a twinhome use and would require a special use permit. Though confident that we could provide a twinhome site that would fit all the city's requirements, I would prefer both tor myself and the neighborhood, two single family structures. The site currently has a 1 1, story home, breezeway, attached garage, and a two car detached garage, all of which are pushed to the north edge of the property. All structures are in need of repair, some of which is significant. I believe that removing these structures and placing two aesthetically pleasing single family homes on this lot would be a benefit to this neighborhood. The front of the homes would face the railroad tracks to the south and deep backyards would provide aesthetic and open spacing to the surrounding neighborhood. I make this request with the knowledge that a twinhome ou this site is within the conforming use in the R2 zoning. 1 would state that the building of a twinhome and not being able to build two single family homes is a hardship and is unique to this property because of it's size and R2 zoning. ~lH ~ ~ BURNET I believe that building two new well designed and attractive single family homes instead of what is currently on the property would enhance the neighborhood and the property values in the surrounding area. I respectfully offer this request for a variance. Sincerely, C-~''''' ~ Richard Kotoski Elm ~ ~ BURNEr . - - e - ~ / Shorcvicw Officc BURNET 100 Village Center Drive North Oaks, MN 55127-3015 651-483-1200 Fax 651-483-3681 w",vw.cbburnel.com January 28, 2006 Dear Sirs: I am requesting a lot split for the property located at 2015 Thorn Drive, Arden Hills. I will be removing all structures currently on the property and will be splitting the existing lot into two lots. One lot will be 95x174 and the other will be 8Ix 173. I am requesting a variance for the 81 foot lot. We have many aesthetic plans that would fit that lot. The 95 foot corner lot will not require a variance. The current owners are Wayne and Dawn Ives. I have a valid purchase agreement on the property. Sincerely, ~ ~ --:, Richard Kotoski Owned And Operalcd By NRT Incorporated. @IB e- .- -. e IU II uH~im In ~! I!~ I I ~s ,~. fI'~ ~ 2l J~!i;. ..il ~ ll~ .l'rf~ i~; i fi I ~ ~n fil. 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(J) " -15.0- ,% ___30- ,.. -'" ....01 PJ'fQ ~~ { I PI If" ..S> ~3D '" !O"' I , !!l ~ I i ~~ I~ - '.. - Ie. <r-- I , --171.98-- "'", S 00'31'08R E '-lHE EAST UHE OF 1M[ WEST 178 FEET or LDT 21 -- ~~ - .::.. . . . . . . o- j i I , i I I ,,' ,,' ~. )<~f ~.(< '~\ . ;- . . 6' . ~ I . . .~i;s '. . ll, '" . . ~,: .'. , ,! ! , I 'c;~ . :1 ~il ." ~ I!+!: :: J~ ~I; ir " . i! '\ :.~ . . :" l '. .. '1 ~ " ~. ~illl ~"I , . , -- " ~~. . ~I~~' lJ , *. ' I _ .... Ii ~,' :I ~ ~r ft.'! .!- : i !;, i ~, ~" }-~~" ". '3"::7 .'~ ' ~ " r - ji , . ~ (11 . i <;) ~~ ,. I r . . STEPHENSON I PRICE CODE 1!11 1546 sq. ft. Overall Dimensions 37"-0" x 64'-5" 3t...O. Bedroom .3 1110x 12(1 Bedroom 2 112)( 100 '~ .. ~ ~ ~-------------... I', T1'LoI.YCELNQ, /, ,.._____......__,. I I: ] [ I: I: i Moster Suite i l ! 130)( 151)! 1 .' 'I I' I, ,! " ~ " ~:..~~~~~~~~~~'..,j . . Dining Room 130x 128 Patio ~ - 8 ii--------- Garage 19~x 23~ Voulted :::: Family Room:: :~m..:: 16~x 16 (I - -F~Y;;---- ~@20031r_06l..""",,",,-.... :: COIlefoH> I' ENTII'f " " It.:-:.::::::..w flOOR PLAN . . RIVERMEADE I PRICE CODE III 1 st Floot 2nd Floor Total Opt. Bonus Room 1359 sq. ft. 520 sq. ft. 1879 sq. ft. 320 sq. ft. Ovetall Dimensions 45'-0" x 52'-4" BOULDERCREST I PRICE CODE III 1st Floor 2nd Floor Total Opt. Bonus Room 1407 sq. ft. 472 sq. ft. 1879 sq. ft. 321 sq. ft. Overall Dimensions 48'-0" x 53'-10" . .... 'j 1 """"'" 13'.11' ". 00 :1 I stCOOllFLOORPL.lN I II -15:"0. OpLBonu, 12',21' .... ,----;0;;0;;:;.;;-- Voulted FOOIlyR._ lti',16' i loIootorSIJll1 i 16\ .1"~:__.." :~ eowrtlll'orcl1 It::: ::.;;:::::a::: ::::::1(:::::: (lo)(oge 20',19' flRSTn~Pi.AN ro:OOOFlOORPLAN 4./l:"D' B<.okla.( ~ I 1:..~1 '__~T~ i ~ Slory : i ~ rol')f . \Ioullod : ~ lIinlngRoom :1\',12': f1RST FLOOR PlA/.l i I , , , I ' I I -..-.....-....LJ G<lrO'l' ,0',21' \1 "'_2 13'xl0J ....." BOxlCJ '~::'::=r r;~' ~" 10"xlO' Vaulted ".Datll BOo, ---------~,1 u ..- / oPl.Boous ---Room l1J.19' S(CONOFLlKRPLAN 42:"'4' "'""""!~"""" 10 12 sq. ft. 577 sq. ft. 1589 sq. ft. 253 sq. ft. CULVERHOUSE I PRICE CODE IiJI 1st Floor 2nd Floor Total Opt. Bonus Room Overall Dimensions 42'-4" x 44'-0" ~,~"", i~ 01n1l19 Room 10~. 10' Co~Porch G<>r"9" 19lK19' J i.t.~::::::::.II[":::: FIRST flOOR PlAN -'..."....................... SEcotIIflOffiP\.AN Opl.8onu. 12',2" 48:"'0. Hi> ,....._ 9r..klo>l 1407 sq, ft. 472 sq. ft. 1879 sq. ft. 321 sq. ft. Voultod llromiYRoom _ --, "',,,' KIlcl."" '- i __ ...., Two , 'Story" i : ro~ PWdr'louo ~ VGU ItOol : Olnln9RO<Jm ill.' 12' ". BOULDERCREST I PRICE CODE .. Ist'Floor 2nd Floor Total Opt. Bonus Room . Overall Dimensions 48'-0" x 53'-10" . iMu,[.r~jt'i : 13',17' o .~ flRST/tOORPLAM Goro9' JJ 20'<2" _.__."_"" i . Prepared by: JL Dept.: Com. Dev Council Mtg. Date: 3/13/2006 Final Action Needed By: 4/6/2006 ~ ~HILLS City ot Arden Hills Request for Council Action .. , Agenda Item6.e PC #06.006: Variance: Dan Westlund: 3352 Lake Johanna Blvd Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: This application includes two parts: 1. Consider a variance to construct an addition to the dwelling that encroaches on the southern side yard setback; and, 2. Consider a variance to construct an addition to the accessory structure that encroaches on the southern side yard setback and is entirely within the front yard setback. The variances are not contingent upon each other and can be reviewed separately or together. Staff Recommendation: Approve both variance requests with conditions. Advisory Commission Action: Commission Date Action Planning PTRC Approved Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): 1ZI Memo/Letter: Report to the City Council Report to the Planning Commission Survey and letter from the applicant D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: . Administrator/Staff Comments: The Planning Commission has recommended approval of the addition to the dwelling with conditions; however, the Planning Commission does not have a recommendation for the variance to construct an addition to the accessory structure. Page 1 of 1 . . . . ~ /f\~HILLS MEMORANDUM DATE: March 6, 2006 Agenda Item 6.B TO: Mayor and City Couneil FROM: James Lchnhoff, City Plarme! f SUBJECT: PC #06-006 Dan Westlund 3352 Lake Johanna Blvd, Variance Back!!round The applicant is seeking two variances for a .28 acre property at 3352 Lake Joharma Blvd, which is on the southwestern side of Lake Johanna. The property is approximately 223 feet long at the northern lot line, 213 feet long at the southern lot line, and is 50 feet wide. The Shoreland Management Ordinance, which supersedes the underlying R-2 Zone, requires a minimum lot width at the Ordinary High Water (OHW) mark of75 feet. Although reviewed as one application, this application involves two variancc requests. The first review relates to the proposed addition to the principal structure. The second review evaluates the proposed addition to the accessory structure. The variances are not contingent upon each and can be acted upon separately or as one. The existing principal structure has a footprint of approximately 1815 square feet. The applicant is proposing a 95 square foot addition to the southwestern comer of the dwelling and a 378 square foot addition to the fear of the structure. The minimum side yard setback is five feet with a total of fifteen feet required between the two side yard setbacks. Since the northern side yard setback is as.little as 4.5 feet and the southern side yard setback is between 9.5 and 10 feet, the addition would slightly encroach upon the southern side yard setback by approximately one half foot. Although the encroachment is slight, a variance is required to proceed. The proposed addition to thc dwelling would be in line with the existing structure. The second addition at the rear of the dwelling meets all required setbacks and does not need a variance. Upon completion, the total footprint of the dwelling would increase to approximately 2,288 square feet. \'IMetro-inet.lIs'ardenhiils\PlanningIPlanning Ci1ScsI2006\06-006 Westlund variance (PENDING)W30206 - CC Repon - Westlund Variance.doc Page I of6 . The applicant is also proposing to expand the existing 449 square foot accessory structure by 282 square feet to a total of 731 square feet. The accessory structure is currently non-conforming due to the encroachments on the front and side yard setbacks and because it is in the front yard, . which is not allowed. All but the last 3.2 feet of the proposed addition would be in the front yard setback. While the addition will not be any closer to the lot lines than the existing structure, the addition will be as close to the lot line as the existing structure at just 2.3 feet from the side yard lot line. The minimum side yard accessory structure setback is 10 feet. Finally, with the addition, the height of the accessory structure would increase from roughly twelve feet to approximately 21 feet 9 inches at the peak. A variance is not needed for the height because the acccssory structure would be shortcr than the dwelling. For additional background information, please refer to the March 1,2006, Planning Case report. This report is available online at http://www.ci.arden-hills.mn.us/CouncilandCommittees/PlaMingCommissionlMar06PC.htm. Planning Commission Recommendation The Planning Commission did review the variances separately since one is not contingent upon the other. The Planning Commission is recommending approval of the variance to construct an addition to the principal structure (PC# 06-006a); however, the Planning Commission does not have a recommendation for the variance to construct an addition to the accessory structure (PC# 06-006b). The varianccs and their recommendations are outlined separately. PC# 06-006a: Principal Structure Variance- Recommended for approval Based on the following seven findings of fact, the Planning Commission unanimously voted to recommend approval of the variance to construct an addition to the principal struetnre: I. Except for the southern side yard lot line encroachment, the dwelling addition meets all other requirements of the R-2 Zone. The total structural coverage with all proposed additions is estimated at 24.5 percent, total landscaped lot area is 66.2 percent, and total impervious coverage is estimated at 33.8 percent. 2. The circumstances related to this variance are unique to the property. The width of the lot, which was created before the currcnt Zoning Ordinance was in place, severely limits any expansion of the principal structure. Furthennore, the twenty foot utility easement in front of the dwelling would make it difficult to construct a porch or entry way at the front of the structure despite being outside of the 40 foot front yard setback. 3. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The proposed addition to the dwelling is an open air porch; therefore, the slight encroachment of the addition would likely be unnoticeable and not affect neighboring properties. The proposed addition is in line with the existing structure and creates a more coherent look than if the addition were stepped back from the dwelling to meet the required side setback. 4. The applicant does currently have reasonable use of the property with thc existing dwelling and accessory structure without the additions. However, the unique II,Merro-inet.U$\l7rdcnhillsIPlanningW/a/Uling Case.~\2006\06-006 Westlzmd variance (PENDfNG)IOJ0206 CC Reporl- Westlund Variance. doc Page 2 of6 . . . . . circumstances of the property limit its use compared to other properties within the R-2 Zone. 5. The hardship was not created by the owner. The lot lines follow the original plat, which was created before the eUITent zoning ordinance was in place. Furthcrmore, the 20 foot utility easement in front of the structure limits the use of the property. 6. Granting the variance would not alter thc essential character of the neighborhood. The existing dwelling to the south encroaches closer to the lot line that this proposcd addition. A number of the structures along the west side of Lake Johanna are on narrow lots and encroach on the side yard setback. Adding the small porch would have little to no noticeable or negative affect on the subject property or adjacent properties. 7. The variance is not based on economic considerations. The narrowness of the lot and the utility easement limits the usability of the lot. The addition to the principal structure would be subject to the following four conditions: 1. The project shall be completed in accordance with the plans submitted as part of the Variance application. Any significant changes to these plans, as detcrmined by the City Planner, shall require review and approval by the Planning Commission. 2. The variance shall automatically expire and become void one (1) year from and after the date on which the Council granted such approval if work on the project has not begun within that time period. 3. Gutters or other water control measures shall be installed so that stoffilwater is not directed toward adjacent properties or toward Lake Johanna. 4. Thc applicant shall obtain all necessary permits from the Rice Creek Watershed District. The applicant shall provide the City with a copy of these permits before any building permits are issued. PC# 06-006b: Accessory Structure Variance - No recommendation Although two different motions were made, the Plmilling Commission does not have a recommendation for the variance to construct an addition to the accessory structure. A motion was made to recommend denial of the variance; however, the motion failed to pass on a vote of 3-3 with Commissioner Bezdicek abstaining. A second motion was made for approval with the recommended conditions. That motion also failed to pass with a vote of3-3 with Commissioner Bczdicek abstaining. Since the Planning Commission determined that no additional information was needed, there was a consensus to not table the application. A third motion was made to send the application to the City Council with no recommendation, which passed unanimously. Staffhad recommended approval of the variance to construct an addition to the accessory structure with conditions. Due to that recommendation, the original planning case report did include findings that supported approval, which are provided below. However, Commissioner Larson did provide findings for denying the variance, which are also provided. I\Melro-rne1_uslardenhillsIPlanning\Planning Cm"esI2006\06-006 Westlund variance (PENDING)',030206 - CC Report - H'estlund Variance.doc Page 3 of6 Findings for Approving the Variance The three Commissioners recommending approval of the variance to construct an addition to the accessory structure based their recommendation on the following ten findings of fact offered in the case report: I. The accessory structure, with the addition, at 21 feet 9 inches in height would not exceed the height of the dwelling at 30 feet 4 inches to the peak (Although height is normally measured at the halfway point between the peak and the eaves for this type of structure, the dwelling is well below the 35 foot height limit even at the peak and the accessory structure is less than the height of the dweIJing). 2. The accessory structure is in the front yard, which is not allowed. However, because the lot abuts a lake and because the lot width limits access to the rear portion of the lot, it would be impractical to move the accessory structure to the rear yard. 3. The proposed accessory structure exceeds the maximum 728 square feet of dctached accessory structure square footage by approximately three square feet. 4. The circumstances related to this variance are unique to the property. The twenty foot wide utility easement that crosses the property immediately in front of the dwelling from north to south means that it would not be possible to construct an attached garage to the dwelling. 5. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The Zoning Ordinance allows accessory structures in the R-2 Zone and would allow a larger structure attached to the dwelling if that were possible. 6. The applicant does currently have reasonable use of the property with the existing dwelling and accessory structure without the additions. However, the unique circumstances of the property limit the use of the property compared to other properties within the R-2 Zone. 7. The hardship was not created by the owner. Many of thc lots along the western side of Lake Johamla are non-conforming, including the three lots immediately south ofthe subject property. 8. Granting the variance would not alter the essential character of the neighborhood. Of the 22 properties along the southwestern edge of Lake Johanna, twelve properties have an accessory structure or part of the principal structure encroaching on the front yard setback. 9. The variance is not based on economic considerations alone. The area on most of the lots along the southwestern side of Lake Johanna limits the potential locations of accessory structures. 10. Detached accessory structures up to 728 square feet arc aIJowed in the R-2 Zone; however, the unusual configuration of this lot and the character of the neighborhood make this a unique situation in the R-2 Zone. The motion to approve included the following seven conditions: \\Mell'O-inet.us',ardenhifls\PlanningIPlanning Casesl,200610(j~006 Westlund variance (PEND1NG)\030206 CC Report - Westlund Variance_doc Page 4 of6 . . . . . . I. The projcct shall be completed in accordance with the plans submitted as part of the Variance application. Any significant changes to these plans, as determined by thc City Plailller, shall require review and approval by the Plaillling Commission. 2. The variance shalJ automatically expire and become void one (I) year from and after the date on which thc Council granted such approval if work on the project has not begun within that time period. 3. The accessory structurc shall not exceed a 728 square foot ground floor footprint. 4. The accessory structure shalJ not encroach any further on the side yard setback than the existing accessory structure, ineluding overhangs and eaves. 5. The accessory structure shalJ match the architecture and color scheme of the principal structure. 6. Guttcrs or other water control measures shall be installed so that stormwater is not directed toward adjacent properties or to the public right-of-way. 7. The applicant shall obtain all necessary pcrmits from the Rice Creek Watershed District. The applicant shall provide the City with a copy of these permits before any building permits are issued. Findings for Denying thc Variance The three Commissioners recommending denial ofthe variance to construct an addition to the accessory structure based their recommcndation on the following finding of facts offered by Commissioncr Larson: 1. Section Y.D of the Zoning Ordinance prohibits the expansion of non- conforming uses. 2. The non-conformity of the structure would increase due to the expanded footprint. The expansion takes place within the front-yard and side-yard setbacks. Residcnt Commcnt Staff has rcceived two emails, one letter, and one phone call regarding Mr. Wcstlund's proposal. The writtcn endorsements from 3368 Lake Johanna, 1837 Stowe, and 3342 Lake Johanna are attached. AIJ threc written correspondences were in support of Mr. Wcstlund's proposal. A phone call from Brice Scott at 3375 Lake Johaillla Blvd was received on February 22, 2006. Mr. Scott voiced his support ofMr. Westlund's project. Dcadline for A!!encv Actions Thc City of Arden Hills received the completcd application for this rcquest on February 6, 2006. Pursuant to Minnesota Statc Statute, the City must act on this request by April 6, 2006 (60 days), unless the City provides thc petitioner with written reasons for an additional 60 day rcview \\Metro-inet.lI.<;lardenhi!ls\PfaIlJlingIPfannil1g Cases12006106-006 Westlund variance (PENDING) \030206 CC Report ~ Westlund }'ariance.doc Page 5 of6 period. The City may with the petitioners' consent extend the review period beyond the 120 days. Options I. Approve both variances as submittcd. 2. Approve both variances with conditions. 3. Approve one of the two variances as submitted. 4. Approvc one of the two variances with conditions. 5. Deny one or both ofthc variances. a. If the City denies the petitioners request for the variance to construct an addition to the principal structure, the reasons for denial must be stated. b. If the City denied the petitioners request for thc variance to construct an addition to the accessory structure, Commissioner Larson's findings can be used and, if needed, expanded by the City Council. 6. Table for additional information. If tabled, please statc what specific information is necded. Attachments 6B-I 6B-2 Report to thc Planning Commission Letter and survey from the applicant 1,IMetro-inet.us1ardenhills',PlanninglP/(mning Cases\2006106-006 West{undvariance (PENDING) 1030206 CC Reporl - Westlund Variance.doc Page 60f6 . . . . . . City CO\lncil Mceting March 13, 2006 Attachment 6B - 1 Report to the Planning Commission . ~ ~HILLS MEMORANDUM DATE: February 21,2006 PC Agenda Item 3.B TO: Planning Commission FROM: Jan1es Lehnhoff, City Planner SUBJECT: PC #06-006 Dan Wcstlund 3352 Lake Johanna Blvd. Variance Requested Action The applicant is requcsting a variance to construct an addition to the dwelling that encroaches on thc southern sidc yard setback. The applicant is also requesting a variance to construct an addition to thc accessory structure that encroachcs on the southern side yard setback and is cntirely within the front yard setback. The variances are not contingent upon each other and . can be reviewed separately or together. Back!!round 1. Overview of Request The applicant is seeking two variances for a .28 acre property at 3352 Lake Johaillla Blvd, which is on the southwestcrn side of Lake Johanna. The property is approximately 223 feet long at the northern lot line, 213 feet long at the southern lot line, and is 50 feet wide. The Shoreland Managemcnt Ordinance, which supersedes the underlying R-2 Zone, requires a minimum lot width at the Ordinary High Water (OHW) mark of75 feet. Although revicwed as one application, this application involves two variance requests. The first review relates to the proposed addition to the principal structure. The second review cvaluates the proposed addition to the accessory structure. The variances are not contingent upon each and can be acted upon separately or as one. The existing principal structure has a footprint of approximately 1815 square feet. The applicant is proposing a 95 square foot addition to the southwestern comer ofthc dwelling City ojArdenlfills Planning Commission Meetingjor March J, 2006 . I I},;felro-iflet. us lardenhills',PiillJning\Planning Cases',1006W6-006 Westlund variance (PEND1NG)\021506 - PC RefJ(Jrl- Wesllund Variance.doc Page I of 8 and a 378 square foot addition to the rear ofthe structure. The minimum side yard sethack is five fcct with a total of fifteen feet between the two side yard setbacks. Since the northern side yard setback is as little as 4.5 feet and the southern side yard setback is bctween 9.5 and . 10 fect, the addition would slightly encroach upon the southern side yard setback by approximately one half foot. Although the encroachment is slight, a variance is required to proceed. The proposed addition would be in line with thc existing structure; however, it would slightly increase the non-conformity of the structure by increasing the amount of structure within the sidc yard setback. The second addition at thc rear of the structure meets all rcquired setbacks and does not need a variance. Upon completion, the total footprint of thc dwelling would increase to approximately 2,288 square feet. The applicant is also proposing to expand the existing 449 square foot accessory structure by 282 square feet to a total of 731 square feet. The accessory structure is currently non- conforming due to the encroachments on the front and side yard setbacks and because it is in the Iront yard, which is not allowed. All but the last 3.2 feet of the proposed addition would be in the front yard setback. While thc addition will not be any closer to the lot Jines than tile existing structure, the addition will be as close to thc lot line as the existing structure at just 2.3 fcct from the side yard lot line. The minimum side yard accessory structure setback is 10 feet. Finally, with the addition, the height of the accessory structure would increase from roughly twelve fcet to approximately 21 fcet 9 inches at the peak. 2. Site Data Future Laud lise Plan: Low Density Residential Existing Land Use: Single Family Residential Zoning: R-2: Single and Two Family Residential Size: .28 (12,197 square feet) The driveway and garage sit a few feet above the dwelling; however, the property Topography: is flat up to approximately 40 feet before the water where it slopes steeply toward the lake. . Surrounding Area Direction Fntnre Land Use Plan Single Family Detached Residential Single Family Detached Residential Lake Johanna Single Famity Detached Residential North Low Density Residential R-l: Single Family Residential South Low Density Residential R-l: Single Family Residentiat East V./ater West Low Density Residential R-I: Single Family Residentiat Plan Evaluation (Statutes & Findin!!s of Fact) 1. Zoning Ordinance - District Requirements Chart - Section 5.F City of Arden Hills Planning Commission Meetingfor March 1, 2006 . l,iMetro-inet_us',ardenhills\PlanningIPlanning Ca.~esl,2006i06-006 Westlund variance (PENDfNG)\021506 PC Report - Westlund Variance.doc Page 2 of 8 . L .l\-linimum Lot Area s (SF er Dwcllin" Unit) Single Family 11,000 Two Famil 8,000 3. Minimum Lot Size (ft, width/de th Sin Ie Family 85/120 85/120 35 0.3 25% 65% 8.. Max.. 1m ervious covera e 35% 9.. Minimum Building Setbacks ft Front ard 40 Rear Yard (Principle) 30 Rear Yard (Accessor ) 10 Side Yard Interior - Principal (Minltatal both yards on lot) 5115 . Side Yard Interior - Accessory 10 Side Yard Comer 40 Minimum Water Fronta e 75 2. Zoning Ordinance - Accessory Structures - Section 6.A (2,3, and 5) 2. Hcight. No accessory structure shall exceed the height of the principal structure to which it is nccessary. 3. Location. No accessory structures in the R-l and R-2 Districts shall be located nearer the front lot line than the front yard setback line for the principal structure to which it is accessory. Accessory structures as pcrmitted and regulated in this ordinance may be located within the rear yard ofthc principal structure. 5. Size. In R-I and R-2 Districts, no accessory structurc shall exceed seven hlmdred twenty eight (728) square feet in floor area and for accessory structures located in the rear of a principal structure, the total floor area of alJ such accessory structures shall not exceed twenty-five (25) percent of the minimum required rear yard area for the principal structure, but thcre shall be no more than two (2) accessory structures on a lot. City of Arden Ifills Planning Commission Meetingfor March 1, 2006 . \''},felro~illct.lIslardenhilfs\PlannilJg\Planning Cases\]006',06-006 Ii'esllund variance (PEND/NG)\021506 PC Report - Westlund Variance. doc Page 3 of 8 3. Variance Evaluation Criteria A. State Criteria: . Minnesota State Statuc in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: "...means the property in question cannot be put to a reasonable use ifused under conditions allowed hy the official controls, the plight of the landowner is due to circumstance unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance... " Miilllesota State Stature 462.357, Subd. 6, requires that Cities consider the following five matters when hearing requests for zoning ordinance variances: 1. Are the circumstanccs for which the variance is requested unique to the property? 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? 3. Could the property in question be put to a reasonable use without the granting of the variance? 4. Was the hardship created by the owner? 5. Would granting the variance alter the essential character of the neighborhood? . B. Local Criteria: Section 8.D.4.c of the Arden Hills Zoning Ordinance states: Adherence to this provisions of this [zoning] ordinance is required except for special cases, which arise because the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances may be granted from specific provisions of this ordinance because such land factors as length of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. 4. Variance Findings of Fact: City of Arden Hilts Planning Commission Meeting/or March J, 2U06 \\Metro-inet-USlardcnhil!s',p/anning',plonning Cases'12006106-006 Westlund variance (PENDING)\02/506 - PC Report - Westlund Varirmce_doc . Page 4 of 8 . A. Principal Structurc Variance Findings (PC# 06-006a): I. Except for the southern side yard lot line encroachment, thc dwelling addition meets all other requirements of thc R-2 Zone. The total structural coverage with all proposed additions is estimated at 24.5 percent, totallandscapcd lot area is 66.2 percent, and total impervious coverage is estimated at 33.8 percent. 2. The circumstanccs related to this variance are unique to the property. The width of the lot, which was created before the current Zoning Ordinance was in place, severely limits any expansion of the principal structure. Furthcrmore, the twenty foot utility easement in front of the dwelling would make it di fficult to construct a porch or entry way at the front of the structure despite being outside of the 40 foot front yard setback. 3. Granting this variance would be in keeping with the spirit of the Zoning Ordinance. The proposed addition to the dwelling is an open air porch; there/ore, the slight encroachment of the addition would likely be unnoticeable and not affcct neighboring properties. The proposed addition is in line with the existing structure and creates a more cohcrent look than if the addition were stcpped back from the dwelling to meet the required side setback. 4. The applicant does currently have reasonablc use of the property with the existing dwclling and accessory structure without the additions. However, the unique circumstances of the property limit its use compared to other propcrties within the R-2 Zone. 5. The hardship was not created by the owner. The lot lines follow the original plat, which was created before thc current zoning ordinance was in place. Furthcrmore, the 20 foot utility easement in front of the structure limits the use 0 fth e property. 6. Granting the variance would not alter the essential character of the neighborhood. The existing dwelling to the south encroaches closer to the lot line that this proposed addition. A number of the structures along the west sidc of Lake Johaillla are on narrow lots and encroach on the side yard sethack. Adding thc small porch would have little to no noticeable or negative affect on the subject property or adj acent properties. 7. The variance is not based on cconomic considerations. The narrowness of the lot and the utility easemcnt limits the usability of the lot. . B. Accessory Structure Variancc Findings (PC# 06-006b): I. The accessory structure, with the addition, at 21 feet 9 inches in height would not exceed the height of the dwelling at 30 feet 4 inches to the peak (Although height is normally measured at the halfway point between the peak and the eaves for this type of structure, the dwelling is well below the 35 foot hcight limit even at the peak and the accessory structure is less than the height of the dwelling). City oj Arden Hills Planning Commission Jv/eetingfor March J, 2006 . \IMetru-inet,lIs'lardenhiils'IP/wJningIPlanfJing Cases'12006106-006 Westlund variance (PEND1NG)W21506 _ PC Report - Westlund Variance.doc Page 5 of 8 2. The accessory structure is in thc front yard, which is not allowed. However, becausc the lot abuts a lakc and because the lot width limits access to the rear portion of the lot, it would be impractical to move the accessory structure to the rear yard. 3. The proposed accessory structure exceeds the maximum 728 square feet of detached accessory structure square footage by approximately three square feet. 4. The circumstances related to this variance are unique to the property. The twenty foot wide utility easement that crosses the property immediately in front of the dwelling /Tom nOlth to south means that it would not be possible to construct an attached garage to the dwelling. 5. Granting this variancc would be in keeping with the spirit of the Zoning Ordinance. The Zoning Ordinance allows acccssory structures in the R-2 Zone and would allow a larger structure attachcd to the dwelling if that were possib Ie. 6. The applicant does currently have reasonable use of the property with the existing dwelling and acccssory structure without the additions. However, the unique circumstances of the property limit the use of the property compared to other properties within the R-2 Zone. 7. The hardship was not creatcd by the owner. Many of the lots along the western sidc of Lake Johanna are non-conforming, including the three lots immediately south ofthc subject property. 8. Granting the variance would not alter the essential character of the neighborhood. Of the 22 properties along the southwestern edge of Lake Johaillla, twelve properties have an accessory structure or part of the principal structure encroaching on the front yard setback. 9. The variance is not based on economic considerations alone. The area on most of the lots along the southwestern side of Lake Johaillla limits the potential locations of acccssory structures. ]0. Detached accessory structures up to 728 square feet are allowed in the R-2 Zone; however, the unusual configuration of this lot and the character of the neighborhood makc this a unique situation in the R-2 Zone. Staff Recommendation Should the Plam1ing Commission wish to make separate recommendations for approval or denial, the recommended conditions have been separated into Planning Case #06-006a for the principal structure variance and Plaillling Case #06-006b for the accessory structure variance. In Planning Case #06-006a, staff recommends approval ofthe variance to construct an addition to the principal structure based on the findings of fact and subject to the following three conditions: City of Arden Hills Planning Commission A4eetingfor March], 2006 IIMetro-inel.us'irtrdenhilfsIPlanningl.?lanning Cases\2006i06-006 Westlund variance (PENDING)102/506 - PC Repon- Wesllund Variance.doc Page 6 of8 . . . e I. The project shall be completed in accordance with tile plans submitted as part of thc Variance application. Any significant changes to these plans, as determined by the City Plailller, shall require review and approval by the Planning Commission. 2. The variance shall automatically expire and become void one (I) year from and after the date on which the Council granted such approval if work on the project has not begun within that time period. 3. Gutters or other water control measurcs shall be installcd so that stormwater is not directcd toward adjacent properties or toward Lake Johanna. . In Planning Case #06-006b, Staff also recommends approval of the variance to construct an addition to the accessory structure variancc based on the findings of fact and subject to the following conditions: 1. Tbe project shall be completed in accordance with the plans submitted as part of the Variancc application. Any significant changes to these plans, as determined by the City Planncr, shall require review and approval by the Plaillling Commission. 2. The variance shall automatically expire and become void one (1) year from and after the date on which the Council granted sucb approval if work on the project has not begun within that time period. 3. The accessory structure shall not exceed a 728 square foot ground floor foot print. 4. The accessory structure shall not encroach any further on the side yard setback than the existing accessory structure, including overhangs and eaves. 5. The accessory structurc shall match the architecture and color scheme of the principal structure. 6. Gutters or other water control measures shall be installed so that stormwater is not directed toward adjacent properties or to thc public right-of-way. If both variances are rccommended for approval, only one motion that includes both variances is required. Residcnl Comment Staff has received two emails, one letter, and one phone call of support for Mr. Westlund's proposal. The writtcn endorsements from 3368 Lake Johanna, 1837 Stowe, and 3342 Lake Johanna are attached. A phone call from Brice Scott at 3375 Lake Johaillla Blvd was received on February 22, 2006. Mr. Scott voiced his support ofMr. Westlund's project. Options I. Recommend approval of both varianccs as submitted. 2. Recommend approval of both variances as submitted with conditions. City of Arden Hills Planning Commission Meetingfor March 1, 2006 . IiMe'm-incluslacdenhili.<IPlaaningIPlaaaing Cases12006106.006 Wewlund "anaace (PEND/NG) 102/506 - PC Repo,.t- Westbmd Vaciancedoc Page 7 of 8 3. 4. 5. 6. Recommend approval of one of the two variances as submitted. Recommend approval of one of the two variances with conditions. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it must state in writing thc reasons for the denial at the time it denies the request." Table for additional information. Deadline for A!!encv Actioos Thc City of Ardcn Hills received the completed application for this request on February 6,2006. Pursuant to Minnesota State Statute, the City must act on this request by April 6, 2006 (60 days), unless the city provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the rcview period beyond the 120 days. Attachments 3B-l 3B-2 3B-3 3B-4 Application and statement from the applicant Air Photo Map and photographs of the sitc Letters of support from neighbors Survey and drawings submitted by the applicant City of Arden Hills Planning Commission Meeting/or March 1, 2()()6 \\Metro-inet.us\ardenhillsIPlanningIPfrlnning C05e511006\06-006 Westlund variance (PENDfNGj\021506 PC Report - Wesllund Variance.doc Page 8 of 8 . . e . City Council Meeting March 13, 2006 Attachment 6B - 2 . 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Bethel University: 3900 Bethel Drive Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request; Consider the request for a site plan review to demolish the existing guard shacks and replace the buildings with a 'Welcome Center" at Bethel University's entrance on old US Highway 10. The site plan review also includes a request to construct a new sidewalk and an additional traffic lane with the new Welcome Center. Staff Recommendation: Approve the request with recommended conditions. Advisory Commission Action: Commission Action Planning PTRC Not . Supporting Documents (which are attached to this Action Form): IZI Memo/Letter: Report to the City Council Site plan of proposal o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 . . . ~ /],\~HILLS MEMORANDUM DATE: March 6, 2006 Agenda Item 6.C TO: Mayor and City Council FROM: James Lehnhoff, City Planner) f SUBJECT: PC #: 06-007 Bruce Kunkel Bethel University 3900 Bethel Drive Site Plan Review Back!!round Currently, there are two guard shacks for security personal at the wcstern entrance to Bethel Univcrsity off of old US Highway 10. Both guard shacks are approximately 450 feet from the entrance. The smaller shack, which is approximately 8'x 4', is on a median that is roughly 30 feet long. The other shack is approximately 8'xI0' and is on the north side of the road. The University is proposing to replace the guard shacks with a single, larger Welcome Center. The new Welcome Center will be approximately 12 feet wide and 20 feet long. Thc new primary median with the Welcome Center will be approximately 75 feet long and include one parking space for a security vchicle. A sccondary median will be added to the south of the primary median to separate a new overflow traffic lane from the two regular traffic lanes for special events. The additional lane will be used for special evcnts and, at some point, will be an electronic access point for students and faculty to bypass the Welcome Center. The applicant is also proposing to construct a retaining wall to provide additional room for the sidewalk along the north side of the expanded roadway. Similar to the existing guard shacks, the new Wclcome Center is still largely a security and traffic control point for incoming vehicles; howcver, there will be security enhancements and video monitoring within thc new structure. Bethel Collcge operates undcr a Special Use Permit Master Plan. As the College comes forward with expansion plans (for eithcr new or existing structures), the proposal is reviewed against the \\Metro-inet.uslardenhillsIPlanning\Planning Cases\2001i101i-007 Bethel site plan review (PENDING) 1030206 - CC Report ~ Bethel site plan review.doc Page t of3 Master Plan for consistency. Building proposals that are consistent with the Master Plan require only a Site Plan Review. Although the Master Plan does not call this proposed building a "Welcome Center," the Master Plan does include the existing guard shacks. Since the guard . shacks are essentially being replaced by a structure that is, for the most part, in the same location and for the same use, it was determined by Staff that this proposal is in the spirit of thc Master Plan and only requires a Site Plan Review. Nevertheless, adjacent properties were notified of this proposal. For additional background information, please refer to thc March 1,2006, Plaillling Case report. This report is available online at htto://\'-/W\v.ci.arden-hiIls.mn.us/Council and Committees/Planning CommissionJMar06 PC.htm. Plannin!! Commission Rccommendation At their March 1, 2006, meeting, the Plaillling Commission reviewcd Planning Case #06-007 and unanimously voted to recommend approval ofthe site plan rcview based on the following seven findings of fact: I. The proposed Welcome Ccnter will not affect the need for parking. One parking space will be added for a security vehicle at the Welcome Center. Thc Welcome Center and additional traffic lane may ease congestion during high traffic events. Traffic congestion is unlikely to increase with the project. 2. Upon completion, the project will not incrcase noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. 3. The project may affect drainage toward the wetlands immediately north of the project. Permits may be required from the Rice Creek Watershed District. 4. The project will not have any affect on population density. 5. The project will likely increase the visual compatibility with other uses on the site. The church-like architecture will be compatible with other structures at the University. Due to the distance from the highway and adjacent properties, the Welcome Center is unlikcly to have any significant visual impact on the highway or adjaccnt properties. 6. The park dedication requirement does not apply in this case. 7. Thc proposal meets the requirements ofthe Zoning Ordinance, does not conflict with the Comprehensive Plan, and is within the spirit of the Bcthel University Mastcr Plan. . The Plaillling Commission recommends the following ninc conditions be included with the approval: 1. The Applicant shall continuc to abide by the conditions of approval as stated in the approved Special Use Permit (SUP) Master Plan and the subsequent SUP Amcndments. 2. The project shall be completed in accordance with thc plans submitted as part of the Variance application. Any significant changes to these plans, as determined by the City Plailllcr, shall require review and approval by the Plalming Commission. 3. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. \ \Metro-inet. us lardenhillslPlanninglPlanning CasesI2006\06-007 Bethel site plan review (PENDJNG) \030206 - CC Report - Bethel site plan review. doc Page 2 of3 . . . . 4. Utility, grading, drainage, and erosion control plans shall be submitted to the City as deemed necessary by the City Engineer and Building Official for approval prior to the issuance of a building permit. 5. The applicant shaH obtain all necessary permits from the Rice Creek Watershed District. Copies of any such permits shall be providcd to the City. 6. Best management practiccs shaH be used to control erosion. Erosion control measures shaH be implemented before construction begins, and the City Engineer shaH approve the eroSIOn measures. 7. Groundcover shaH be reestablished as soon as possible after construction begins. 8. The applicant shall submit and implcment a landscaping plan to replace significant trees that are removed. The plan shaH be in accordance with City landscape standards as listed in the Landscape Plan section of the Zoning Ordinance Procedural Manual. The landscaping plan shall be reviewed by the City Planner for approval before implemented. 9. All signage shall requirc an approved sign permit application before installation. Approval of this site plan review shall not imply approval of any signage associated with this project. Rcsident Comment Staff has not received any letters or telephone calls from propcrty owners or occupants in regard to this planning case. Deadline for A!!encv Actions The City of Arden Hills reccived the completed application for this request on February 6, 2006. Pursuant to Miilllesota State Statue, the City must act on this request by April 6, 2006 (60 days), unless thc city provides the petitioner with writtcn reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Options I. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. lfthe 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. Attachments 6C-1 Survey of the proposal \\Metro-inet.uslardenhillsIPlanningIPlanning CasesI2006\06-0117 Bethel site plan review (PENDING) \03112116 - CC Report - Bethel site plan review,doc Page 3 of3 . City Council Mceting March 13, 2006 Attachment 6C - 1 . 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': , I" , , , . ~ ~g , ~ ! . l!1 . ~ , , ~ , ~ ! , ~ ~H ~ , . , !~ ~ ! ," q .. j ~ 0 ~ ~ '" 1,lll ff:t i [ hi! ~ !l i! '" 11' I ~ t.i [1" _ ~_ i <.-> !~ ' , 9 I . . I (I ~;I I ., I lIi i',' ' t 1<." k !. ~ ~s ~ 8- I, !n ,! ,H f ~ ~ 1 i jll " . t ! 1 i f[ H ,. lid I' !! 1 ~ q ! A, ,. ~> i ~ .'1 I. I ,! , ! J ;.c ,'..)'/ I I ,/,~1 I !' 0 /,'1 ~/'i H Uli~ H H !~ ~;:;1' '!/. 11 h ll~'i '! ,; l',"l<'l,/ll ! j. ~ 'I.,jl , ! VIA !; I 11. I 1m ! ! "'1'/ j '! 1 -'I 1 !lil 1 I .. i ~ .3 ! 3th ~ 'll !', ~ 0>:. 9-:>1Il ~ I ' 1- I' · Ii !'! I,J , , ~" ,!.i '! " . ,'I !' . ~I ! I ! I I I I ~ 'I'I! Ii i ! ! i 0, ' ", j I !II'! - ! , !' ~ g. - 1 . ~ , ! I I !! ~ , I ~ ... '" 5' c. i I I '~ II ~ I ! i In: ' p [ i ~ '! '!! II ~ J 1 - !!! ",!a I f p I! I III I,~ I 'I! I., H . 1 i I , 'Ii 'j'"'" ! II' ! ! ~ n I '! ; a a ! I ,q , ::: ~ I , I I , I , I J[ I H np-"1 !' " ji M! J If , 1! ! ;f 'HIl i~ . ! ~ " t II Ji~i 0 l ! . llil , i ~ H I j , ~[h , )>~l/OnFDD. n~ ~ o. :r ~ - -'A Vl ro C1l .. n ::J 0; · . ~ ~HILLS City ot Arden Hills Request for Council Action Prepared by: JL Dept.: Com. Dev Council Mtg. Date: 3/13/2006 Final Action Needed By: 4/6/2006 Agenda Item 6.D PC #06-008: Special Use Permit: Karin Muska; 3260 Snellina Ave N Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: Consider the request for a Special Use Permit for a home-based message therapy establishment, which is a Class II Special Accessory Home Occupation in the R-1 Zone. Staff Recommendation: Approve the request with recommended conditions. Advisory Commission Action: Commission Planning PTRC Date 3/1/2006 Action Approved Not Applicable Not applicable Supporting Documents (which are attached to this Action Form): . IS] Memo/Letter: Report to the City Council o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~~HILLS MEMORANDUM DATE: March 6, 2006 Agenda Item 6.D TO: Mayor and City Council James Lehnhoff, City Plannerjr PC #: 06-008 Karin Muska 3260 Snelling Ave N Special Use Permit for a Class II Special Accessory Home Occupation FROM: SUBJECT: Backl!.round In April 2005, the City Council approved a Zoning Ordinance amendment to allow Massage Therapy and Massage Therapy Establishments with an approved license. The Massage Therapy Ordinance (No. 356) requircs a special use permit in the R-l, R-2, and R-3 Zones for a message therapy establishment bascd out of a home. Massage Therapy is designated as a Class II Special Accessory Home Occupation. The applicant is seeking to open a professional massage therapy establishment at her home at 3260 Snelling Ave N. According to the applicant, the business would be by appointment only and would not involve any signage or changes to the exterior of the structure. Thc applicant has submitted the information for the required licenses, which does include a background check. The licensing applications will be processed after a decision is made on the special use permit application. During the Planning Commission meeting, there was a question regarding the pem1itted hours of operation for a home based messagc therapy establishment. Ordinance No. 356 limits the hours of opcration for such a business to 8:00 a.m. to 10:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends. The applicant is required to abide by these times. For additional background information, please refer to the March 1,2006, Plamling Case report. This report is available online at http://www.ci.arden-hills.mn.us/CouncilanqComn1ittees/PlannineCommissionlMar06PC.htm. \\Metro-inet.uslardenhillsIPlanningIPlanning Cases\2006\06-008 Muska massage SUP (PENDING)\030206 - CC Report - Muska SUP doc Page t on Plannin!! Commission Recommendation At their March 1, 2006, mceting, the Plaillling Commission reviewed Planning Case #06-008 and voted unanimously to recommend approval of the special use pcrmit based on the following thirtecn findings of fact: I. The busincss will be owned and operated by the applicant, Karin Muska. The applicant is a residcnt of the dwelling. 2. The applicant has indicated that thc home occupation will not need any additional employees. 3. The proposed usc would occupy 12.5 percent of the floor area of the structure, which is less than thc 33 percent maximum. 4. The applicant has indicated that thc therapy service would be by appointment only with no more than one client at any given time. 5. Due to the limited numbcr of clients, the existing driveway offcrs sufficient off-street parking. 6. The proposed use is unlikely to require product deliveries at any frequency greater than once pcr day. 7. The proposed use is unlikely to affect traffic or parking conditions in the surrounding area. 8. The proposed use will not produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any othcr nuisance characteristics. 9. The proposed use will not affect drainage. 10. The proposed use will not affect the permancnt population density of the neighborhood. 11. Thc proposed usc will not change the exterior of the existing structure; therefore, the use should be compatible with existing uscs and structures in the surrounding properties. 12. The park dcdication fee does not apply. 13. The proposed use is in confonnancc with the requiremcnts of the Zoning Ordinance, the Massage Therapy Ordinance, and does not conflict with the Comprehensive Development Plan. The Planning Commission recommends the following five conditions be included with the approval: l. Thc special usc permit shall not be transferable to other individuals. 2. Approval of the special use permit shall be contingent upon approval of the Massage Therapy Establishment License and Massage Therapy License. 3. The applicant shall comply with Ordinance No. 356 of the Arden Hills City Code regarding Massage Therapy Establishments and Massage Therapists. 4. The applicant shall comply with Section 6.B.3.c.(l) ofthe Zoning Ordinance that regulates Class II Home Occupations. 5. Any changes to the structure shall requirc review and approval from the Building Official. IIMetro-inet.usl,ardenhll/sIPlanningIPlanning Cases\2006W6-008 Muska massage SUP (PENDING)W30206 _ CC Report - Muska SUP. doc Page 2 on . . . . . . Residcnt Commcnt Staff has not received any letters or telephone calls from property owners or occupants in regard to this plaillling case. Deadline for A!!encv Actions Thc City of Arden Hills received the completed application for this request on February 6,2006. Pursuant to Miilllesota State Statue, the City must act on this request by April 6,2006 (60 days), unless the city providcs the petitioner with written reasons for and additional 60 day review period. The City may, with the consent ofthe applicant, extend the review period beyond the initial 120 days. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. Ifthe 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. Attachments None. I IMetro-inet.uslardenhillslPlanninglPlanning Cases12006\06-008 Muska massage SUP (PENDING) \030206 - CC Report - Muska SUP. doc Page 3 of3 . ~ .~HILLS. CIty otArden Hills Request for Council Action I Prepared by: JL Dept.: Com. Dev Council Mtg. Date: 3/13/2006 Final Action Needed By: Agenda Item ;. PC #04-01: Extension for Addition J Request: Daniel J. Riehle. Guidant Corporation: 4100 Hamline Ave N Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: Consider a request to grant a one year extension for Guidant Corportation to obtain a building permit for Addition J. This request would extend the expiration date to February 23.2007. Staff Recommendation: Approve the request with recommended conditions. Advisory Commission Action: Commission Planning PTRC Date Action Not . Supporting Documents (which are attached to this Action Form): !2J Memo/Letter: Report to the City Council Addition J Map o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 . ~ /]'\~ HILLS MEMORANDUM DATE: March 6, 2006 Agenda Item 6.E TO: Mayor and City Council FROM: James Lehnhoff, City Planner SUBJECT: Planning Case #04-01 Extension for Addition "J" (also referred to as "E" North Addition) Guidant Corporation 4100 North Hamline Avenue Requested Action The applicant has requcsted an additional onc year extension for the start of construction on Addition J, which was originally approved on February 23,2004. If approved, the new expiration date to obtain a building permit would be Febmary 23,2007. . Back!!round In February 2006, the City received a letter from Dan Riehle, Facilities Manager for Guidant Corporation, rcquesting a one year extension for the construction of Addition J. The City Council originally approved the addition on February 23, 2004, as part of a Master Plan PUD Amendment and Final Plan PUD for Addition J on the Guidant Campus. Once constructed, Addition J will house research and development functions and include offices and workstations for research and development employees. This is the sccond permit extension requestcd by Guidant for Plaillling Case #04-01. The first extension was granted in October 2004 and required Guidant to obtain the building permits for Addition J by February 15,2006. Due to the pending merger betwecn Boston Scientific and Guidant Corporation, Guidant is requesting a second extension to allow them more time to finalize t1leir building plans. The new proposed expiration date would be February 23,2007. . \\Metro-inet.us\ardcnhil1s\Planning\Planning Cases\2004\04-01 Guidant Master Plan PUD Amendment and Final PUD for Addition J (APPROVED)\030606 CC Report Extension for Addition J_doe Page 1 on Zonin!! Ordinance Section 8.F.2 states: 2. Expiration. Approval shall automatically expire and becomc void one (1) year from and after the date on which the council granted such approval if the Building Permit or other approved improvements have not been issued a permit by the building inspector. The council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. By a vote of the Council, the permit may bc extended to a new expiration date set by the Council. Guidant is requesting a one year extension. Staff Recommendation After reviewing the original application and discussing the extension with the Building Official, staff recommends approval of the one year extension to allow Guidant to obtain an approved Building Permit for Addition J no later than February 23, 2007. The extended application would continue to be subject to the following fifteen conditions from the original approval in 2004: I. The Applicant shall continue to abidc by the conditions of approval as stated in the approved Master Plan PUD. 2. The Phasing Schedule shall be amended to reflect the 90,000 square foot Addition "J" in Phase One (2003-2006). 3. The applicant shall permanently maintain the 60-foot c1carance around the entire building. 4. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) wccks before the plaillled start of construction. 5. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. 6. Guidant shall locate a fire hydrant on the North and West sides ofthc building. 7. The applicant shall verify if thc addition will have its own sprinkler system or if the system will be added on from Building E. 8. The applicant shall verify the location ofthe F.D.C. 9. The F.D.C. shall be located within 150 feet of a fire hydrant. 10. Guidant should develop a system of identifying individual buildings (This would allow visitors, and more importantly firefighters, to quickly identify the location of the buildings. One suggestion would be to place the text "Building J" over the entry points to the building [especially the Fire Department entrance]. Currently most calls would result in the fire dcpartment dispatched to go to 4100 Hamline and not a particular building) and shall provide a map of this campus system to the Lake Johanna Fire Department, Ramscy County Sheriffs Department, and the City of Arden Hills. 11. The applicant shall submit a landscape perforn1ance bond or other surety for 125% of the cost of materials and installation valid one full year from thc date of installation prior to the issuance of a building permit. \\Metro-inet.us\ardcnhills\Plannillg\Planning Cascs\2004\04-OJ Guidant Master Plan pun Amendment and Final pun for Addition J (APPROVED)\030606 CC Rep011 Extension for Addition J.doc Page 2 of3 . . . . . . 12. The applicant shall submit a revised landscape plan and planting schedule to comply with City Landscape standards which shall require approval of thc City Planner prior to the issuancc of building permits. 13. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, MPCA, and other governmental entities. 14. That an additional traffic study now scheduled for the end of phase one may be done at the City's option as a part of the approval process for Building "K", if requested, before construction. 15. Staff and Guidant will jointly monitor the parking situation and utilize additional spaces that have been indicated as proof of parking if the need arose. Attachments 6E -1 6E -2 February 15, 2006 Letter from Dan Riehle of Guidant Corporation Addition J Map \\Metro-inet.us\ardenhills\P!anning\Planning Cascs\2004\04-01 Guidant Master Plan PUD Amendment and Final PUD for Addition J (APPROVED)\030G06 CC Repol1 Extension for Addition J.doc Page 3 of3 . . . bE -.1 GUILlANT February 15,2006 Mr. Jamcs Lehnhoff City Planner City of Ardcn Hills 1245 West Highway 96 Ardcn Hills, MN 55112 Hand-Delivered Dcar James: This lctter will scrve as Guidant Corporation's request to cxtend the deadlinc for the commcncemcnt of our renovation project known as thc Construction of Addition J to the Master Plan. This projcct was approved by the City Council on February 23, 2004. An cxtcnsion was approvcd at the City Council meeting on October 12, 2004 allowing ns until February 15,2006 to apply for a building permit for thc aforementioncd project. As discussed and agreed to in our mecting last wcek with Dave Reimer and Karen Barton, planning for such a major projcct is not an cxact sciencc and cspecially with thc pending merger between Guidant Corporation and Boston Scicntific, we find it necessary to requcst a further extension of the pennit submittal date. In order to preserve our options we'd like the extension date to be one year after the revised date, or February 23, 2007. Please let me know if you have any questions and/or need additional infonnation. Daniel J. Riehle Facilities Manager Guidant Corporation Cc: Dave Reimer Karen Barton Guidant Corporation 4100 Hamline Ave. North, 51. Paul. MN 55112-5798 Tcl651.582.4000 Fax651_582_4166 :;) => => -.J . 6f-~ "'" ~ ~- -. 3 , I 'J ~ om ~g . " ~~ g . , v :c "_Il> "on I n /[[llJ u__.~-J';'I _' I OJ! , . LEXINGTON AVENUE 0 ~ ~--~I1l~~ ! I ~l~~ ! , ~ ! ! ;;:0 ! , " ~ ~ [, ~ ~.:.... ~ > , , , ij ~ -: ~ -<;to ! ! ' , I> < ! < ;: i!~ ; c v < TIm- ~~ < 0 ~ < -, - .. - , ~ ~ , " , . ~~~,g~i~ , ,~ I c , 0 " . - - ~;; , , , ~ :l ~ ~ -~ , , , -- I;i -I_imm ,',I .~ I IH.' j j liill I uti! '1111 !i!I, ~~ i i j; n 1m",> ~~ ,~~ Z ~~ ~~-1 ! 'I! l'i , m ,r. ii' !,I IH ij I. m' Pi! , ~IWJ] ~ .prepared by: KCB Dept.: CD Council Mtg. Date: 3/13/2006 Final Action Needed By: 3/13/2006 ~ '1'\~HILLS City of Arden Hills Request for ComlciI Action Agenda Item I.~ii "",,=,y, type item description here Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a Council Action Request: Review BlueCrass BlueShield Grant opportunity to provide funding assistance for our Comprehensive Plan Update (due in 2008). Staff Recommendation: Authorize staff to submit an Intent to Apply to BCBS (due 3/17/06). Advisory Commission Action: Commission Date Actio n Not Applicable Not Applicable Not Supporting Documents (which are attached to this Action Form): . I8J Memo/Letter: Memo outlining grant opportunity, dated 3/9/06 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Potential receipt of grant funds of $5,000 to $75,000 Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~~HILLS MEMORANDUM DATE: March 9,2006 Agenda Item 6.F TO: Mayor and City Council FROM: Karen Barton, Community Development Dircctor SUBJECT: BlueCross BlueShieJd Comprehensive Plan Update Grant Opportunity Met Council requires jurisdictions to submit a Comprehensive Plan outlining their policies and objectives related to land use and zoning. This plan is required to be updated every 10 years, with the next update being due in 2008. Last wcck staff became aware of an opportunity to obtain funding assistancc for the update of our Comprehensive Plan through BlueCross BlueShield ("BCBS"). The grant is intended to assist municipalities to integrate active Jiving principles into their communities. Specifically, this funding opportunity is dcsigned to support communities in preparing/revising their comprehensive development plans and identifying relevant ordinance subsections for modification in keeping with the new plans. Thc tcrm "active living" denotes a way of life that intcgrates physical activity into daily routines, not just for rccreational purposes, but also for utilitarian purposes such as elTands, trips to the grocery store, commuting to work, etc. Communities can influence the choices their residents make concerning physical activity through land use policies, transportation systems, and the availability of walking paths/greenways, etc. Research shows that cities can have a positive impact on rates of physical activity through planning and policy. The grant would provide funding up to $75,000, as well as providing technical assistance and training opportunities. BCBS requires that all interestcd communities submit a Notice of Intent to Apply, no later than March 17, 2006. Staff is recommending that Council authorize staff to submit the Notice ofIntent to Apply. Page 1 of1 ~ ~HIlLS City at Arden Hills Request for Council Action ~ c . Prepared by: MW Dept.: Admin Council Mtg. Date: 3/13/2006 Final Action Needed By: 3/13/2006 Agenda Item II Approval with Ramsev County for Dispatch and 800 MHz Radio Services Budgeted Amount: $32,643.00 Actual Amount: $30.678.00 Funding Source: GF Council Action Request: 1. Approve the Joint Powers Agreement with Ramsey County for dispatch services. 2. Approve the countywide Public Safety Radio Subsystem Subscriber Agreement with Ramsey County. Staff Recommendation: In order for the City to participate in the consolidated dispatch center project as well as the 800 MHz project, we need to approve these two agreements. This will allow the City of Arden Hills to continue to receive these services and be a participant in decision-making as well. Advisory Commission Action: Commission Date Action Not _Supporting Documents (which are attached to this Action Form): [8] Memo/Letter: Memorandum from City Administrator Michelle Wolfe dated 3/13/06. D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Letter from Commissioner Tony Bennett dated March 3, 2006; Proposed Joint Powers Agreement; Proposed Subscriber Agreement. Financial Implications: For the first two years our operational costs are projected to remain consistent with preivous years. There will be some initial equipment purchases that will occur later this year. After the first two years. the formula outlined in the JPA will take full effect, and the City's share of costs will likely decrease somewhat as the County's share increases. .. Administrator/Staff Comments: See attached report. Page 1 of 1 . . - . ~ ~~ILLS MEMORANDUM DATE: January 18,2006 AGENDA ITEM 6.G TO: Mayor and City Council FROM: Michelle Wolfe, City Administrator ~ SUBJECT: Approval of Agreements: I. Joint Powers Agreement Between Ramsey County and the City of Arden Hills for Dispatch Services 2. Ramsey County Countywide Public Safety Radio Communications Subsystem Subscriber Agreement INTRODUCTION During the past several months, Ramsey County has becn in the process of constructing a new 800 MHz radio communications system. The County is also in the process of constructing a new dispatch center and will be providing dispatch services for all of the cities in the County with the exception of White Bear Lake. The County has asked that cities approve a Joint Powers Agreement regarding the provision of dispatch services and a subscriber agreement relating to use of the new 800 MHz radio system. BACKGROUND For more than two years, Ramsey County has been in the process of planning and implementing a new 800 MHz radio communications system which will serve as a subsystem to the region- wide 800 MHz system. As part of this process, one of the County's goals was to develop a new dispatch center that would serve all of thc cities in the County as well as the Ramsey County Sheriffs Department. Last year, the County reached agreement with the cities of St. Paul and Maplewood to consolidate dispatch services. As part of these discussions regarding consolidated dispatch, suburban communities were concerned about the allocation of costs for the new dispatch center. Ultimately, it was agreed that dispatch center operating costs would be funded 60% on the countywide tax levy and 40% based on calls for service. Under this proposed formula, the City's costs for dispatch services will be similar to our current payment for dispatch services to the Sheriff s Department. Under the proposed agreement, the City of Arden will pay $30,678 per year for the first two years, at which time the formula takes full affect. In the current 2006 budget for Ramsey County Sheriffs Department, we allocated $32,642 for dispatch services. We will have to contribute our , . - . , share of the cost of radios for Lake Johaillla Fire Department, which is estimated at $19,508. Thereafter replacement radios will be budgeted within annual operating budgets. The County is requiring that cities that receive dispatch services enter into the attached Joint Powers Agreement (JP A). The JP A incorporates the general terms and conditions of the dispatch center operations. Some of the key provisions include: Term - The JPA is in effect until December 31, 2016 and shall be automatically renewed for additional I-year periods after the initial time frame. Committees - The JP A includes the formation of both a policy committee and a Dispatch Users Group. Each of these committees will have representatives from both St. Paul and suburban communities. As discussed during the Council retreat, Council member Pellegrin has indicated his interest and willingness to service on this committee. If Coucnil approves the proposed JP A, I will inform the County Manager of his interest. Costs - Operating costs will be funded 60% on a countywide tax levy and 40% based on calls for service consistent with the compromise that was agreed to earlier by the County and cities. The Countywide Public Safety Radio Communication Subsystem Subscriber Agreement is more technical in nature and deals with the use of the region-wide 800 MHz system; purchase, maintenance and repair of radios; and administrative and operation support of the subscriber radios. RECOMMENDATION Based on the foregoing information, the following is recommended: 1. Approve the Joint Powers Agreement with Ramsey County for dispatch services 2. Approve the Countywide Public Safety Radio Subsystem Subscriber Agreement. Attachments \\Mctro-inetus\ardenhills\Admin\City Administrator\Memo\2006\03-13-06 Memo RE 800 MHz & Di.~patch.doc . . TONY BENNETT CHAIR BOARD OF RAMSEY COUNTY COMMISSIONERS DISTRICT 1 JOE MURPHY ASSISTANT TO COMMISSIONER Joe.Murphy@Co.Ramsey.MN.US March 3, 2006 220 COURT HOUSE SAINT PAUL, MINNESOTA 55102 lEL (651) 26&8362 FAX (651) 266-8370 T ony.Bennett@Co.Ramsey.MN.US - . Mayor Beverly Aplikowski City of Arden Hills 1234 West Highway 96 Arden Hills, MN 55112-5794 Dear Mayor Aplikowski: In November 2005, the Ramsey County Board of Commissioners entered into Joint Powers Agreements with the City of Saint Paul and the City of Maplewood for Consolidated Dispatch Operations ("Agreements") under the new Public Safety Communications System/BOO MHz Radio Communication System. Pursuant to these Agreements, Ramsey County will operate a new Consolidated Dispatch Center that will dispatch for the Cities of Saint Paul and Maplewood. Ramsey County also plans to continue dispatching for the Ramsey County Sheriff and the municipalities it currently serves. The Agreements call for the creation of a Dispatch Policy Committee with eight members, consisting of the following membership: . Ramsey County Sheriff; . Three members of the Saint Paul City Council (had White Bear Lake joined, there would have been four Council members); . The Saint Paul Mayor; . The Maplewood Mayor or one member of the Maplewood City Council; and . Two elected representatives of the other cities in Ramsey County that do not operate independent PSAP/Dispatch Centers and that signed agreements with Ramsey County to receive dispatching services from the Consolidated Dispatch Center, to be selected in a manner to be determined by the involved cities. The general purpose of the Dispatch Policy Committee is to assist the County in reviewing and evaluating the performance of the Dispatch Center. Although the Committee will not begin regular meetings and activities until the Dispatch Center is operational (sometime in the first quarter of 2007), the County needs input from the Committee for two activities - selection of the Dispatch Center Operations Manager and development of operating standards and procedures. The Agreements require Committee participation for these activities. See Article IV of the enclosed Joint Powers Agreement between Ramsey County and the City of Saint Paul that covers the Dispatch Policy Committee. Minnesota's First Home Rule County printed on recyded paper with a minimum of 10% post consumElr content "'=:" . e March 3, 2006 Page 2 At this time, I am asking that your jurisdiction appoint its representatives to the Dispatch Policy Committee so that the Committee can be involved with some of the critical preliminary steps. The immediate concern is the selection of the Dispatch Center Operations Manager, who will be responsible for the Center's day-to-day operations. The Operations Manager will playa critical role in planning, organizing, and developing the operations before the Center opens. The Agreements require the Committee to work with the County Manager and Radio System Manager in the selection of the Operations Manager. The Committee shall recommend at least three qualified candidates to the County Manager or designee, who shall have final hiring authority. As required by the Agreements, a process that complies with Ramsey County's Human Resources hiring guidelines has begun. Six candidates have been identified for the Operations Manager position. The next step will be to interview these six candidates. Once Dispatch Policy Committee members are appointed, some Committee members should either plan to participate in these interviews and any other steps necessary to make recommendations to the County, or appoint representatives to participate. The interviews are scheduled for March 30, 2006, so we will need panel participants to be identified by March 23, 2006. _ If you have questions, please contact Scott Williams, at 266-8028. Thank you for your assistance. Z6e~ Tony Be-::tChair Ramsey County Board of Commissioners cam Enclosure cc: Arden Hills City Councilmembers Ramsey County Board of Commissioners Sheriff Bob Fletcher City Administrator Michelle Wolfe Scott Williams - ~ e - - JOINT POWERS AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF ~ It; (\ 5 FOR DISPATCH SERVICES This Joint Powers Agreement is between Ramsey County, a political subdivision of the State of Minnesota ("County") and the City of ~ t-\.; \ ~<; , a municipality under the laws of the State of Minnesota ("City"), both of which are empowered to enter into joint powers agreements pursuant to Minn. Stat. 9471.59. WHEREAS, The County is in the process of implementing a new 800 MHz radio communication system as a subsystem to the regionwide 800 MHZ system; and WHEREAS, The County currently operates a Public Safety Answering Point ("PSAP")/Dispatch Center, from which dispatch services are provided for the Ramsey County Sheriff; the cities of Arden Hills, Gem Lake, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, and Vadnais Heights; and the township of White Bear (collectively, the "Contract Cities"); and WHEREAS, The County has entered into agreements with the City of Saint Paul and the City of Maplewood for consolidated dispatch operations; and WHEREAS, The County is constructing a new facility on the CanlpUS of the Ramsey County Law Enforcement Center and the Saint Paul Police Department Headquarters to house the new Dispatch Center for the consolidated dispatch operations using the County's new Public Safety Communication System ("PSCS")/800 MHz radio communication subsystem; and WHEREAS, The City, which is one of the Contract Cities, wishes to obtain dispatch services from the County from the new Dispatch Center using the 800 MHz radio communication system; and WHEREAS, The parties have reached agreement on the terms and conditions for the provision of dispatch services for the City by the County; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties do hereby agree as follows: Article I. Purpose The purpose of this agreement is to establish the parameters for the provision of dispatch services by the County for the City from the Consolidated Dispatch Center, and to delineate the terms and conditions under which the County will provide dispatch services. Article II. Definitions 2.01 Additioual Member means any public entity or agency or governmental unit that signs an agreement with the County after the Dispatch Center becoming operational, for dispatch services by the County from the Dispatch Center. Dispatch Agreement with the City of 1 of 11 . e - ~ b. to receive dispatching services from the Dispatch Center, to be selected in a manner to be determined by the involved cities. If the City of White Bear Lake does not sign an agreement to consolidate its PSAPIDispatch Center with the County's PSAP/Dispatch Center, the number of Saint Paul City Council members will be reduced by one. If the City of Saint Paul does not sign an agreement to consolidate its PSAP/Dispatch Center with the County's PSAPIDispatch Center, the Committee will be made up of representatives from the jurisdictions that have entered into a consolidation agreement. If the individual appointed to the Committee leaves the elected office, the public entity's elected officials will be responsible for appointing a replacement representative in a timely fashion. Committee members shall be appointed by the jurisdiction they represent for such period of time as determined by each jurisdiction. c. d. 4.03 Duration Unless earlier dissolved by mutual agreement of all of the then-current Members, the Committee shall continue to operate for the duration of this Agreement. 4.04 Officers a. The Committee members shall select a Chair and a Vice Chair at its first meeting, and thereafter on an annual basis, provided that, during the first two Years of its operation, the Mayor of the City of Saint Paul shall be the Chair of the Committee. Thereafter, the Chair shall be selected annually from the Committee members. The initial term of the Chair shall be two Years and ofthe Vice Chair shall be one Year. Thereafter each shall serve for one Year. The Vice Chair shall be a representative of a Member other than a Member represented by the Chair. If the City of Saint Paul does not sign an agreement to consolidate its PSAPIDispatch Center with the County's PSAPIDispatch Center, the Committee will select a Chair and Vice Chair from Committee members from jurisdictions that have entered into a consolidation agreement. b. The duties of the Chair shall be as follows: I. approve the agenda for Committee meetings, with the input and assistance of the Radio System Manager and other Committee members; 2. preside at Committee meetings; 3. sign all official documents as authorized by the Committee; 4. make reports, directly or through a designee, to the Committee and the Ramsey County Board as deemed appropriate; and 5. perform such other duties as are incident to the office and properly expected by the Committee. c. The duties ofthe Vice Chair sball be as follows: I. in the absence of the Chair, to perform the duties of the Chair; and 2. to perform such duties as may be requested by the Chair. d. The Radio System Manager shall serve as executive secretary to the Committee and shall provide for all correspondence, reporting, and recordkeeping functions for the Committee, consistent with Minnesota Statutes Chapter 13 and statutory retention laws. 4.05 Powers and Authorities of the Committee a. The Committee shall assist the County in reviewing and evaluating the performance of the Dispatch Center to ensure that the service meets the needs and expectations of the communities and public safety user agencies. b. The Committee shall make recommendations to the County Manager and to the Radio System Manager concerning voice and data communications systems relating to public Dispatch Agreement with the City of 3 oft! . e 5.04 - " 6.01 Dispatch Users Group a. A Dispatch Users Group shall be formed, to be comprised of one chief or conunand officer from each of the following agencies: 1. St Paul Police; 2. St Paul Fire; 3. Maplewood Police; 4. Maplewood Fire; 5. One suburban fire department other than Maplewood; 6. One suburban police department other than Maplewood; and 7. One undersheriff or command officer from the Ramsey County Sheriff's Office. b. The Dispatch Users Group may adopt rules regarding the selection by the agencies of their Dispatch Users Group member by job classification and the duration of membership in the Dispatch Users Group. If the City of Saint Paul does not sign an agreementto consolidate its PSAPIDispatch Center with the County's PSAPIDispatch Center, the Dispatch Users Group will be made up of the appropriate representatives from the jurisdictions that have entered into a consolidation agreement. c. The suburban fire department representative will be selected annually by the Ramsey County Fire Chiefs Association. The suburban police department representative will be selected annually by the Ramsey County Chiefs of Police. The Dispatch Users Group will meet quarterly or at some other interval as determined by the group. d. The Dispatch Users Group shall have a Law Enforcement Subcommittee and Fire and EMS Subcommittees. The Law Enforcement Subcommittee shall be comprised of one police officer, deputy, or supervisor from each law enforcement agency served by the Dispatch Center. The Fire and EMS Subcommittees shall be comprised of one firefighter, emergency medical responder, or supervisor from each fire and EMS agency served by the Dispatch Center. e. Each representative to the Dispatch Users Group will have one vote. f. The roles and responsibilities of the Dispatch Users Group will be to: 1. Provide user agency input to the Radio System Manager into the process of developing protocols and dispatching standards for the Dispatch Center. 2. Provide a forum for the exchange of ideas between Dispatch Center staff and users for the purpose of improving service, reviewing critical incidents, and resolving complaints. 3. Provide for coordination of service between the Dispatch Center and local agencies with the intent of providing seamless public safety service that makes the administrative boundary between dispatching and field responders as transparent as possible to the public. 4. Provide inpnt to the Dispatch Policy Committee as to the overall performance of the Dispatch Center in serving the needs of the user' agencies. g. Issues that cannot be resolved by the Dispatch Users Group may he referred to the Committee. Article VI. Cost and Fnnding Capital Expenditure and Equipment a. The County will pay the facility construction and site development costs for a Dispatch Center that will be of such size and configuration as to provide communications and dispatch services to meet the needs of consolidated dispatch. b. The County will pay for the 800 MHz radio system equipment in the Dispatch Center, including consoles and connections to the regional system backbone. Dispatch Agreement with the City of 50flt e e ~ Article vn. General Terms and Conditions 7.01 Termination a. Except as otherwise provided herein, this Agreement may not be terminated during the Initial Term. Thereafter, either party may terminate this Agreement at the end of a calendar year by action of its governing body and upon a minimum of twelve (12) months written notice to the other party. 7.02 Indemnification and Insurance a. Each party agrees that it will be responsible for its own acts and the acts of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and shall not be responsible for the acts of the other party or its employees, elected officials, and agents, or for any liability resulting therefrom. Each party's liability shall be governed and limited by the Municipal Tort Claims Act, Minn. Stat. Chapter 466 and other applicable law. b. Consistent with the provisions of Section 7.02 a., each party agrees to defend, indemnifY and hold harmless the other party, its employees, elected officials, and agents from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys fees, resulting directly or indirectly from any act or omission of the indemnifYing party, its employees, elected officials, or agents, in the performance or failure to perform its obligations under this Agreement. c. Each party warrants that it is able to comply with the aforementioned indemnity requirements through commercial insurance or a self-funding program. d. The County agrees to maintain property insurance coverage throughout the term of this Agreement on the Dispatch Center facility and all of the County equipment within the Dispatch Center. 7.03 Non-Assignability Neither party shall assign any interest in this Agreement nor transfer any interest in the same, whether by subcontract, assignment or novation. 7.04 Compliance With Applicable Law a. Both parties agree 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, marital status, status with regard to public assistance, sexual preference,. disability, or age. b. Both parties agree to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the.parties' performance of the provisions of this Agreement. 7.05 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, Minn. Stat. Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulatioos on data privacy. 7.06 Audit Until the expiration of six (6) Years after the termination of this Agreement, each party shall, upon written request ofthe other party, shall make available to the requesting party, the State Auditor or Dispatch Agreement with the City of 70fll e , - 7.08 Notice Any notice required to be given by this Agreement shall be made by delivery by first class mail, postage applied, to: Ramsey County Office of the County Manager 250 City Hall/Courthouse IS West Kellogg Boulevard Saint Paul, Minnesota 55102 City of 7.09 Arbitration Any dispute between the parties to this Agreement may be subject to arbitration, if mutually agreed to in writing by the parties. The parties shall mutually agree on an arbitrator and the arbitration will take place under the rules and procedures of the American Arbitration Association. The parties shall pay their own internal costs and shall each pay 50% of any out of pocket fees or costs related to the arbitration. 7.10 Interpretation of Agreement; Venue This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this Agreement shall be venued in the appropriate state or federal district court in Ramsey County, Minnesota. 7.11 Conditions Outside Control of a Party No party to this Agreement can be held responsible for conditions outside the control of the party claiming its occurrence, which are the direct result of force majeure which shall mean and include acts of public enemies; strikes or lockouts; enforceable governmental or judicial orders; outbreak of war or insurrection, or acts ofterrorism; insurrections; riots; civil disturbances; earthquakes, floods, fires; and explosions or other similar catastrophes or events not reasonably within the party's control 7.12 Entire Agreement This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Dispatch Agreement with the City of 90fll . Ramsey County Countywide Public Safety Radio Communications Subsystem Subscriber Agreement Between Ramsey County and Authorized Subscribers Regarding: 1) Use of the Ramsey County Subsystem to the Regionwide Public Safety Radio Communications System; 2) Purchase, Maintenance and Repair of Subscriber Radios; and 3) Administrative and Operational Support of the Subscriber Radio Fleet THIS AGREEMENT is between RAMSEY COUNTY, a political subdivision of the State of Minnesota, through its Acounty Manager's Office ("COUNTY"), 250 City HalVCourthouse, 15 West Kellogg Boulevard, St. Paul, .Minnesota 55102, and [insert subscriber entity name and address], acting by and through its duly authorized officers ("SUBSCRIBER"). WHEREAS, COUNTY is in the process of planning and constructing a subsystem ("Subsystem") of the Regionwide Public Safety Radio Communications System ("System"); and WHEREAS, COUNTY has planned the Subsystem in cooperation and collaboration with representatives of Cities, Police Departments, Fire Departments, and other public safety users within Ramsey County; and WHEREAS, SUBSCRIBER has elected to participate as a Subsystem Subscriber; and WHEREAS, COUNTY and SUBSCRIBER wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, COUNTY and SUBSCRIBER agree as follows: 1. DEFINITIONS Cloning means the process whereby a Code Plug is written into the memory of a radio. Code Plug means the program file containing talkgroup information and configuration settings that is e written into the memory of a radio. Fleet means the set of radios with assigned radio system identification numbers that fall within the numeric range assigned to Ramsey County by the State of Minnesota or contain Code Plugs that are maintained by the COUNTY. Metropolitan Emergency Services Board or MESB means the board created by a Joint Powers Agreement among Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties and the City of Minneapolis, to act as the Metropolitan 911 Board; as a regional radio board and as the successor to the MRB; and as a regional emergency medical services board. Metropolitan Radio Board or MRB means the political subdivision created pursuant to the provisions of Minnesota Statutes 9403.22, Subd. I to provide governance over the planning and implementation of the Statewide 800 MHz interoperable radio communication system, whose responsibilities were to be transferred to the Statewide Radio Board pursuant to Laws of 2004, Chapter 201, Section 22. Programming means the process of preparing a custom Code Plug then writing that Code Plug into one or more radios. Subsystem means that part of the regional 800 MHz interoperable radio system constructed and owned by the COUNTY. Subsystem Policy Group is the body appointed by the COUNTY Board to advise the Board on issues regarding Subsystem funding and operational policies. . System means the regional trunked radio network infrastructure and associated base radio subsystems built by the Minnesota Department of Transportation, the Metropolitan Radio Board, and entities that entered into Cooperative Agreements with the MRB to construct subsystems. 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 20f t2 2. PURPOSE AND INTRODUCTION .The purpose of this Agreement is to define the rights and obligations of COUNTY and SUBSCRIBER with respect to the cooperative and coordinated purchase, maintenance, technical and administrative support and use of portable, mobile, desktop and other end user radios by the SUBSCRIBER on COUNTY'S Subsystem. The Subsystem is a multi-site general pwpose wireless communications system designed to provide, among other things, 95% area coverage reliability for portable radio operation above ground level in light to medium buildings throughout most of the County. Other SUBSCRIBER benefits and services include access to the System, a wide area nine-county regionwide public safety radio communications system; multiple System redundancies with backup power; a wide range of talk groups; electronic identification of ail radios on all transmissions; 99.999% microwave system reliability; system security; radio interoperability; 24 hour a day Subsystem monitoring and repair response; access to a pool of special event radios; and SUBSCRIBER radio training. 3. DUTIES AND RESPONSIBILITIES OF SUBSCRIBER 3.1 Conformance to Metropolitan Emergencv Services Board and COUNTY Standards SUBSCRIBER agrees to be aware of and conform to all applicable standards, policies, procedures and protocols established or amended by the Metropolitan Emergency Services Board ("MESB") or its successor; the State Radio Board; and COUNTY related to use of the Subsystem, including, but not limited to, radio user training requirements, radio operating guidelines, audit, monitoring, and compliance. 3.2 Conformance to Federal Laws and Regulations SUBSCRIBER agrees to be aware of and conform to all applicable Federal Rules, Regulations, and Laws pertaining to use of the Subsystem, including, but not limited to, the Communications Act of 1934 as Amended and Part 90 of the Federal Communications Commission Rules and Regulations. e 3.3 Resoonse to lmorooer Use In the event COUNTY informs SUBSCRIBER that statistical analysis of Subsystem usage or other information indicates that SUBSCRIBER personnel may have inappropriately used the Subsystem, or may have violated standards, policies, procedures, rules, regulations, or laws regarding proper operation of the Subsystem, or may have violated the provisions of this Agreement, SUBSCRIBER agrees to take immediate and appropriate investigative and corrective action to stop the violation and eliminate any reoccurrence. 3.4 Subscriber Fleet Suooort Fees Any Subscriber Fleet Support Fees established by the Board of Ramsey County Commissioners must first be reviewed by the Subsystem Users Group and the Subsystem Policy Group. If the Board of Ramsey County Commissioners thereafter establishes a Subscriber Fleet Support Fee schedule, SUBSCRIBER agrees to pay COUNTY the fee assessed to SUBSCRIBER by COUNTY. Fleet support fees shall include costs incurred by COUNTY for, but not limited to, software updates, technical support, administrative support, configuration support, access to the emergency and special event shared pool of radios, and training support attributable to SUBSCRIBER'S participation under this Agreement. Fees shall be assessed on a per-radio basis. Any such fees will be subject to annual adjustment by the Board of Ramsey County Commissioners. COUNTY is responsible for Subsystem infrastructure support costs. 3.5 Pass Through Fees SUBSCRIBER agrees to pay all fees assessed on a per radio basis to COUNTY or SUBSCRIBER by any outside agency. 3.6 Radio Cloning Fees .For a period of two years following initial activation of radios by COUNTY or COUNTY-approved vendors, SUBSCRIBER shall be entitled to receive SUBSCRIBER-requested radio recloning by COUNTY or COUNTY- approved vendors one additional time for each radio without additional cost to SUBSCRIBER, and_COUNTY will pay the costs ofrecloning each radio_one additional time for changes reauired by the COUNTY. Provided, however, that COUNTY shall pay such recloning costs at the regular in-shop flat fee as established in the 800 MHz Subsystem Subscriber Agreement-enter name af entity-enter time period 3 of t2 agreement between COUNTY and the COUNTY -approved vendor. SUBSCRIBER shall obtain any additional ,-radio recloning necessary for SUBSCRIBER to use the Subsystem at SUBSCRIBER'S sole cost. SUBSCRIBER .shall notiJY and obtain approval from the Radio System Manager or the Radio System Manager's designee prior to obtaining the additional recloning. All recloning must be performed by COUNTY or COUNTY -approved vendors. 3.7 Invoicim! and Pavment Terms COUNTY will invoice SUBSCRIBER monthly, or at other intervals as determined by COUNTY, for all fees payable to COUNTY as specified herein. For radios activated on or before the 15th of the month, SUBSCRIBER will be charged for the entire month. For radios activated after the 15th of the month, the fees will commence on the first day of the following month. Payment of all fees herein shall be made directly to COUNTY within thirty-five (35) days from receipt of the invoice. COUNTY-approved vendors who provide reprogramming for SUBSCRIBER shall invoice SUBSCRIBER directly and SUBSCRIBER shall make the payment; SUBSCRIBER may submit a request for reimbursement for any reprogramming costs for which COUNTY is responsible under the provisions of Subparagraph 2.6 herein. 3.8 Flow Down Metropolitan Emerl!encv Services Board Contract Provisions SUBSCRIBER agrees to comply with all applicable flow down provisions contained in the Cooperative Agreement between COUNTY and the Metropolitan Radio Board, incorporated herein and made a part of this Agreement by this reference 3.9 De-certification and Disposition of Obsolete Radios The Metropolitan Emergency Services Board, or its successor, and COUNTY may de-certiJY radios, radio operating software versions, and radio program files and configuration settings (commonly called code plugs) which become obsolete or unsuitable for use for reasons including but not limited to: unsafe to use, impairs Subsystem performance, no longer supported by the radio manufacturer, no longer supported by COUNTY, exhibit ,Substantial defects, exhibit performance deficiencies, impair implementation of Subsystem upgrades, become unreliable, and become economically unfeasible to maintain. Except in those cases affecting safety or performance impacts to the Subsystem, other subsystems, or the regional system, COUNTY will make reasonable efforts to avoid de-certification of radios owned by SUBSCRIBER which have not been fully depreciated and to provide SUBSCRIBER with at least one (I) year advance notice prior to the effective date of radio or software version de- certification. De-certified radios, or radios operating with de-certified software versions or de-certified code plugs will not be allowed to access or use the Subsystem. SUBSCRIBER agrees to dispose of obsolete radios, batteries and other equipment in accordance with applicable laws and rules regarding disposal of hazardous materials. SUBSCRIBER understands that it will not receive any payment from COUNTY for a decertified radio. 3.10 Limitation of Radio Code Plul! Files and Svstem Kev File All radio code plug files shall be created and modified by COUNTY before the radios will be activated on the Subsystem. All radios on the Subsystem shall be cloned only by COUNTY or by COUNTY-approved vendors. All radio code plug files and system key files are the sole property of COUNTY, and contain information that is classified as security information and non-public government data. Unless specifically authorized by COUNTY in writing, SUBSCRIBER may not directly or indirectly permit any third party to: view, read, print, extract, copy, archive, edit, create, clone, transfer, tamper with or otherwise compromise the security of any radio code plug file or system key file for any radio on the Subsystem. In the event SUBSCRIBER learns that any party has improperly or fraudulently obtained radio code plug file information or system key file information, SUBSCRIBER will immediately notiJY COUNTY of the security breach. 3.11 Risk of Loss and Pavment for Lost. Stolen. Unreoairable. or Destroved Radios SUBSCRIBER assumes full risk of loss for radios owned by the SUBSCRIBER which are lost, stolen, physically un-repairable or destroyed for any reason. .12 Notification to COUNTY of Missin Lost Stolen Unre airable or Destro ed SUBSC BER-Owned Radios SUBSCRIBER agrees to immediately notify COUNTY in writing of any missing, lost, stolen, unrepairable, or destroyed SUBSCRIBER-owned radios, so the radio can be deactivated on the Subsystem. SUBSCRIBER shall be responsible for payment of fees until written notification is received by COUNTY. 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 40f 12 3. \3 Re air of SUBSCRIBER-Owned Radios UBSCRIBER is responsible for maintaining SUBSCRIBER-owned radios in good repair and for replacing any SUBSCRIBER-owned radios that are unrepairable. Repair and maintenance shall be performed only by COUNTY- approved vendors. COUNTY will provide this listing to SUBSCRIBER. SUBSCRIBER shall be responsible for payment of fees during the period of repair. A replacement radio may not be used on the Subsystem until COUNTY or a COUNTY-approved vendor has cloned the radio pursuant to the provisions ofthis Agreement. COUNTY will not provide SUBSCRIBER with the temporary use of a COUNTY-owned radio while a SUBSCRIBER-owned radio is being repaired. 3.14 Deactivation of Radios bv SUBSCRIBER SUBSCRIBER may request COUNTY to deactivate a radio for reasons other than those set forth in Subparagraphs 3.12 and 3.13 if the radio is no longer needed by SUBSCRIBER and will be out of use for an extended period of time. During such period of deactivation, SUBSCRIBER'S obligation to pay fees pursuant to Subparagraphs 3.4, 3.5, and 3.8 may be suspended based on MESB and COUNTY policies. COUNTY reserves the right to charge SUBSCRIBER a reactivation fee if the deactivated radio is brought back into service within one year of deactivation. 4. DUTIES AND RESPONSffiILITIES OF COUNTY 4.1 Furnishing of Radios to SUBSCRIBER SUBSCRIBER is making an initial purchase of radios as described in Appendix A, Subscriber Initial Purchase Order, attached hereto and made a part of this Agreement. COUNTY will obtain the radios and will inventory, inspect, test, and program them before they are turned over to SUBSCRIBER. 14.2 Additional SUBSCRIBER Radios SUBSCRIBER is responsible for the purchase and payment of radios that SUBSCRIBER adds after the initial radio purchase described in Appendix A. Any radios subsequently purchased by SUBSCRIBER must be specifically certified for use on the Subsystem by the Metropolitan Emergency Services Board, or its successor, and COUNTY. Non-certified radios, or radios operating with non-certified software versions will not be allowed to access or use the Subsystem. Prior to use on the Subsystem by SUBSCRIBER, such subsequently- purchased radios must be tested and cloned by COUNTY or a COUNTY-approved vendor in accordance with COUNTY's policies on radio operations and maintenance at SUBSCRIBER'S expense. All subsequently purchased radios are subject to the terms and conditions of this Agreement. SUBSCRIBER shall noti1Y COUNTY in writing of such additional radio purchases and COUNTY will activate the radios upon receipt of the written notice. 4.3 Financing of SUBSCRIBER Radios and Transfer of Title Pursuant to COUNTY Board Resolution 2004-433, COUNTY will finance the initial purchase of radios up to $1,995 per radio based on the average price ofthe radios purchased. The total amount to be paid by COUNTY for SUBSCRIBER'S initial purchase is set forth in Appendix A. SUBSCRIBER will be responsible for any additional cost for the purchase of the number of radios identified in Appendix A over the amount set forth in Appendix A as payable by COUNTY. COUNTY will invoice SUBSCRIBER for the additional cost not financed by COUNTY upon delivery of the radios to SUBSCRIBER by COUNTY. SUBSCRIBER shall make payment to COUNTY within thirty-five (35) days from receipt ofthe invoice. Risk of loss shall transfer to SUBSCRIBER upon delivery; and title will transfer upon receipt by the COUNTY of payment in full from SUBSCRIBER. Failure of SUBSCRIBER to make payment within the specified time period will be grounds for COUNTY to disconnect the radio from the Subsystem. SUBSCRIBER may not transfer ownership of radios financed by COUNTY to a third party during the Initial Term without the prior consent of COUNTY. .4.4 Soecial EventlEmergencv Radios COUNTY will maintain a fleet of radios which will be made available to SUBSCRIBER, generally on a first come first serve basis, for temporary assignment for special events, response to emergencies, or other similar events. The risk ofloss transfers to SUBSCRIBER upon receipt of the COUNTY radios and SUBSCRIBER shall be responsible for the loss of or damage to the COUNTY radios, including the cost of repair, the cost of a replacement 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 50f 12 radio, and programming and other costs required to put the radio in the same operational condition it was in when _assigned to SUBSCRIBER. If there are more requests for these radios than can be accommodated, COUNTY will .prioritize allocations. These assigned radios will have a generic code plug using common county and regional interoperability talk groups. 4.5 Allocation of Subsvstem Resources COUNTY will allocate to SUBSCRIBER, on a fair and non-discriminatory basis, sufficient Subsystem resources including, but not limited to, Talk Groups, Announcement Groups, Radio Unit IDs, and Alias IDs, in order to provide SUBSCRIBER with an equivalent grade of service afforded to other comparable Subsystem Subscribers. 4.6 Monitoring of SUBSCRIBER Talk Groups COUNTY may periodically monitor talk groups allocated to SUBSCRIBER for SUBSCRIBER'S internal use for Subsystem management purposes, including, but not limited to, maintenance, troubleshooting, performance assessments, unusual traffic patterns (suddenjump in usage), and policy and procedure compliance checks. COUNTY monitoring of SUBSCRIBER'S talk groups may occur at any time, for any duration, may be without notice, and is subject to recording. 4.7 Radio Ooerator Training COUNTY will provide SUBSCRIBER with access to end user radio training, instructional materials, and training instructors as made available or provided to COUNTY from the Metropolitan Emergency Services Board, or its successor, or other sources for the deployment of radios included in SUBSCRIBER'S initial purchase, at no cost to SUBSCRIBER. However, COUNTY will not be responsible for reimbursement to SUBSCRIBER of SUBSCRIBER'S internal costs related to attendance of SUBSCRIBER staff at such training. Once the initial training is provided, SUBSCRIBER will be responsible for the cost of training new employees and for providing refresher training. COUNTY and SUBSCRIBER may agree to provide future training cooperatively. 14.8 Database Administration COUNTY will manage and administer the Subsystem database records containing the information related to inventory, configuration, programming history, software version control, radio IDs, service levels, and statistical usage analysis, for SUBSCRIBER-owned radios used On the Subsystem. 4.9 Radio Station Licenses COUNTY shall hold and administer all FCC licenses on behalf of all Subscribers of the Subsystem. SUBSCRIBER shall operate, as authorized, mobile, portable and control station units under COUNTY'S FCC radio station licenses. 4.10 Nothing herein shall constitute a representation or warranty by COUNTY that the Subsystem shall operate without error. 5. SUBSYSTEM OPERATIONS AND MANAGEMENT 5.1 Deoartment Division COUNTY shall operate and manage the Subsystem under the direction of a System Manager as a division within the Office of the Ramsey County Manager. This division will include all aspects of Subsystem planning, operations, maintenance, and management. The division will deal with the Subsystem backbone including network connections, base radio stations, antennas, microwave and fiber optic systems, and will address subscriber unit related issues such as maintaining the Subsystem database and managing access to the Subsystem by subscriber unit users. .5.2 Subsvstem Ooerations and Users Group/Subsvstem Policv Group A Subsystem Operations and Users Group shall be made up of representatives of the Subsystem users and membership shall report to the Subsystem Policy Group. The Subsystem Operations and Users Group shall review and make recommendations to the Subsystem Policy Group On matters such as the proposed budget for the 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 60f 12 Subsystem, measure standards, and procedures and protocol. SUBSCRIBER agrees to comply with the protocols eand procedures established by the Subsystem Policy Group. 6. TERM AND CANCELLATION 6.1 Term of Al!feement This Agreement shall be for an initial term beginning on the date following execution by both parties and continuing through December 31, 20 I 6 ("Initial Term"). After the Initial Term, this Agreement will automatically be extended for an additional one (I) year term, unless either party gives written notice of intent not to extend to the other party, at least one hundred twenty (120) days prior to the expiration of the then current term. 6.2 Cancellation of Al!reement bv COUNTY Except as otherwise provided in Section 6.4, this Agreement may not be canceled by COUNTY during the Initial Term. Thereafter, this Agreement may be canceled by COUNTY for lack of funding to operate the Subsystem, taking the Subsystem out of service, and other material causes not attributable to SUBSCRIBER, upon three hundred and sixty five (365) days' written notice to SUBSCRIBER, provided that any such cancellation by COUNTY shall require action by the Board of Ramsey County Commissioners. 6.3 Cancellation of Agreement bv SUBSCRIBER This Agreement may be canceled by SUBSCRffiER at any time with or without cause upon thirty (30) days' written notice to COUNTY, provided that any such cancellation by SUBSCRffiER shall require action by SUBSCRIBER'S governing body. 6.4 Cancellation of Al!feement for Default IIf either party fails to perform any material term of this Agreement, it shall constitute a default. Unless SUBSCRIBER'S default is excused by COUNTY, COUNTY may, upon written notice, immediately cancel this Agreement in its entirety. Default by SUBSCRffiER shall include, but is not limited to, continued misuse of the Subsystem, breach of Subsystem data security, and failure to pay in accordance with the provisions of this Agreement. Unless COUNTY'S default is excused by SUBSCRIBER, SUBSCRIBER may, upon thirty (30) days' written notice, cancel this Agreement in its entirety. Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be relieved of liability to the other party for damages sustained by the non-defaulting party by virtue of any breach of this Agreement by the defaulting party. The above remedies shall be in addition to any other right or remedy available under law, statute, rule, and/or equity. The failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 6.5 Actions Uoon Termination or Cancellation Upon expiration or cancellation of this Agreement, SUBSCRIBER shall cease all use of the Subsystem including using the Subsystem with radios owned by SUBSCRIBER. SUBSCRIBER'S obligation to protect private data and prevent unauthorized access to the Subsystem information and radio code plugs shall survive termination or cancellation of this Agreement. - 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 70f 12 , 7. MERGER AND MODIFICATION _7.1 Entire Agreement It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 7.2 Amendments to Agreement Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by authorized representatives of both parties. 8. MISCELLANEOUS PROVISIONS 8.1 Indeoendent Parties It is mutually understood that this Agreement does not create an employment relationship between the parties, nor does it create a partnership or joint venture, nor does it constitute a cooperative agreement or joint powers agreement. 8.2 Liabilitv Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. COUNTY'S liability is governed by the provisions of Minnesota Statutes Chapter 466. SUBSCRJBER's liability is subject to the provisions of applicable Minnesota statutes. '18.3 Data Privacy , SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers or subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. The responsible authority for SUBSCRJBER is 8.4 Records - Availabilitv/Access Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), SUBSCRIBER agrees that COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of SUBSCRJBER and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the term of this Agreement and for six (6) years after its termination or cancellation. 8.5 Contract Administration In order to coordinate the services of SUBSCRIBER with the activities of COUNTY so as to accomplish the purposes of this Agreement, , shall manage this Agreement on behalf of SUBSCRIBER and serve as liaison between COUNTY and SUBSCRIBER. 8.6 Notices Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY and to . SUBSCRIBER shall be sent to the addresses stated below: To COUNTY: County Manager Suite 250 City HaIVCourthouse 15 West Kellogg Boulevard St. Paul, Minnesota 55102 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 80f 12 < . e To SUBSCRIBER: 8.7 Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under this Agreement. The appropriate venue and jurisdiction for any litigation hereunder will be the state or federal courts located within the County of Ramsey, State ofMirmesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 8.8 Mediation COUNTY and SUBSCRIBER agree to submit all claims and disputes between the parties arising out of or relating to this Agreement to the Subscriber Policy Group. If the Subsystem Policy Group can not reach a resolution, the COUNTY and SUBSCRIBER agree to submit the claim or dispute to mediation. The mediation shall be conducted through a mutually agreed upon mediator. The parties shall decide whether mediation shall be binding or non- binding. If the parties cannot reach agreement on this issue, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 8.9 Force Maieure Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or ilperfOnning any obligations hereunder to the extent such failure, delay or breach results from any cause or event beyond the control of the party being released hereby (<<Force Majeure"), including, without limitation, fire or other casualty, acts or threatened acts ofterrorism, pestilence or epidemic, strike or labor dispute, war or other violence, acts or inaction of any governmental authority, or any other cause beyond the reasonable control of the party. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non- perfonnance and shall proceed to perfonn with reasonable dispatch whenever such causes are removed or cease. 8.10 Nothing herein shall preclude the Ramsey County Board of Commissioners from exercising its full authorities in relation to this Agreement. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY SUBSCRIBER NAME. David Twa, County Manager By: lts: Date: Date: Approved as to form and insurance: Assistant County Attorney Purchase Order or _Aspen Vendor Contract Number: Funds are available Account Number: 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period 90f 12 ~ , . SUBSCRIBER Initial Purchase Order To be revised Description Quantity Cost Total Cost Average Cost County Reimbursement: # of radios x average cost = $ e e 800 MHz Subsystem Subscriber Agreement-enter name of entity-enter time period Appendix A II of 12 ~ ~HlLLS City ot Arden Hills Request for Council Action ....1'7'. <'=W;W!1.1W '~li:)j Agenda Item [.~."",~"fi!!..... ....~._.<_..^._--_..__.._-_. CSAH 96 Landscape and IrriQation Improvement Proiect Budgeted Amount: $170.000 Actual Amount: $175.092 Funding Source: General Capital Fund . Prepared by: KAG Depl.: Engineering Council Mtg. Date: 3/13/2006 Final Action Needed By: 3/13/2006 Council Action Request: Motion to approve Plans and Specifications and Authorization Advertisement of Bids for the CSAH 96 Landscape and Irrigation Improvement Project. Staff Recommendation: The plans and specifications for the CSAH 96 Landscape and Irrigation Improvement Project have been completed. Council will be presented with the bid results and potential contract award at the April 24, 2006 Council meeting. Staff recommends adoption of Resolution No. 06-27. Advisory Commission Action: Commission Date Action Planning PTRC Not . Supporting Documents (which are attached to this Action Form): o Memo/Letter: [5<J Resolution (No 06-27) o Ordinance (No. ) [5<J Engineering Recommendation: See the attached memorandum. o Attorney Recommendation: o Other: Financial Implications: See the attached memorandum. Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~ DEN HILLS MEMORANDUM DATE: March 8, 2006 AGENDA ITEM 7.A-B TO: Mayor and City Council Michellc Wolfe, City Administrator Kristine Giga, Civil Engineer \f.&i~ CSAH 96 Landscape and Irrigation Improvements FROM: SUBJECT: BACKGROUND URS has completed the plans and spccifications for the landscape and irrigation improvements along CSAH 96 from Lexington Avenue to Trunk Highway 10. Key items in the project include the planting of 3,632 plants, 186 trees and sod along the boulevards and medians. An irrigation system will also be installed in the median planting areas. The landscaped area in the medians will be slightly raised to aid in reducing the amount of salt and sand reaching the planting beds. Ramsey County is also a participant in the landscapc improvement project. Tree removal occurred as a result of the reconstruction of CSAH 96; the trees included in the plan are the County's trcc replaccment plan. FINANCIAL IMPLICATIONS The estimated project cost for the landscape improvements is $268,942. Engineering costs for the project arc cstimated at $39,455, resulting in a total estimated project cost of$308,397. Ramsey County's portion of the costs is estimated at $116,250 for construction costs and a proportional amount of enginccring costs, estimated at $17,055, totaling $133,305. The City will be prcparing a cost-participation agreemcnt to be signed by both parties prior to thc bcgiillling of construction. Since the project contract will be executed by the City, the City will pay all of the project costs to the Contractor, including Ramsey County's portion. Upon payment to the contractor, the City will, in tum, invoice the County for thcir portion of the construction costs. The County has indicated that the turn-around time for reimbursement is not lengthy. \\Me!ro-ineLus\ardenhiJIs\PR&PW\Enginccring\2006\3-08-06 Memo CSAH 96.doc CSAH 96 Landscaping 3/8/2006 Page 2 Thc City's portion of the project costs arc currently budgeted from the General Capital Fund. $170,000 was budgeted; projected City costs are $175,092. The City may apply for reimbursement from Municipal State Aid (MSA) funds. Only 5% of the City's annual allotment may be allocated to landscaping projects each year, which, this year, is $ I 0,000. If desired, the City may elect to apply for MSA reimburscmcnt in hlturC years for this project; however, tile costs would still need to be funded from another source in the meantime. Using the allowable 5% of the allocation would also decrease the amount ofMSA funding available for future projects. Staff feels that mmual requests for reimbursement are not thc best use of the funds. Staff is still evaluating the potential use of the MSA funds for other projects. When the bids arc awarded, staff will provide a final recommendation for the funding of the project to the Council. CONCLUSION At this time, staff recommends adoption of Resolution 06-27: Approval of the final plans and specifications and authorization for bids. Staff will report to Council its final recommendations on the use ofMSA funds for the project when the bids are awarded. \\Mctro-inet.lIs\ardenhills\PR&PW\Enginecring\2006\3-08-06 Memo CSAH 96.doc . . . . . . ~ ~~HILLS City of Arden Hills Ramsey County, Minnesota RESOLUTION NO. 06-27 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE CSAH 96 LANDSCAPE AND IRRIGATION IMPROVEMENT PROJECT WHEREAS, The City of Arden Hills authorized the preparation of dctailed plans and specifications addressing the necessary requiremcnts of the CSAH 96 Landscape and Irrigation Improvement Project. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF ARDEN HILLS, MINNESOTA: I. Such improvemcnt is hereby ordered. 2. Plans and specifications prcpared by URS for such improvcment pursuant to Council resolution are hcrcby approved and shall bc filed with the City Clerk. 3. The City Clerk shall prcpare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertiscment shall be published for 3 wccks, shall specify the work to be donc, shall state the date and time that the bids will be received by the City Clerk and City Engineer at which time they will be publicly opened in the City Hall and subsequently be considered by tbe Council, and that no bids will be considered unless sealed and filed with thc Clerk and accompanied by cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 10 percent (10%) of the amount of each bid. ADOPTED by the Council this 13th day of March, 2006. Beverly Aplikowski, MAYOR ATTEST: Michellc A. Wolfe, CITY ADMINISTRATOR