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Home My WebLink AboutCCP 08-28-2006 ~ ~HILLS 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 Au ust 28, 2006 City Vision A strong community that values our unique enviromnent, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play. Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. APPROVAl, OF MINUTES A. July 31, 2006 City Council Meeting B. July 17,2006 Work Session Meeting 3. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve Payment #1 to Amt Construction in the Amount of $487,812.59 for the 2006 Ridgewood Neighborhood PMP Project C. Motion to Amend Ordinance No. 365 Relating to the Protection of Shade Trees D. Planning Case 06-02 I; Minor Subdivision & Variance; Bruce & Kathy Haglund; 3300 & 3294 Lake Johanna Blvd E. Planning Case 06-022; Site Plan Review; Greg Peterson; 1 105 Amble Drive F. Motion to Amend the Budget for the 3153 Shoreline Lane Driveway Replacement G. Motion to Amend the Budget for Inflow and Infiltration Mitigation 4. PULLED CONSENT ITEMS Those items listed under the Consent Calendar arc considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the item will be removed from the general order of business .and considered separately in its normal sequence on the agenda. Those items that are pulled from the Consent Calendar will be removed from the general order ofbusincss and considered separately in its nonnal sequence on the agenda. Arden Hills City Council Agenda August 28, 2006 Page 2 5. PUBLIC INQUIRIES/INFORMA TIONAL Public Inquiriesllnformational 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 tbat individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 6. PUBUC HEARINGS A. 2006 Ridgewood Neighborhood PMP Assessment Hearing 7. NEW BUSINESS A. Planning Case 06-024; Planned Unit Development Amendment & Site Plan Review; Boston Scientific; 4100 Hamline Avenue N Kris Giga James Lehnhoff B. Planning Case 06-023; Master Planned Unit Development & Preliminary Plat; Royal Oaks Realty, Ine: 1440 - 1450 West Highway 96 C. Celebrating Arden Hills Recap 8. UNFINISHED BUSINESS James Lehnhoff Michelle Olsoll A. Motion to Approve the Chesapeake Property-Brownfield Remediation Grant Contracts K arell BartOlI B. TCAAP Update 9. COUNCIL COMMENTS AND REQUESTS ADJOURN Karen Barton . . - Message Page 1 of 1 Jackie Freppert From: Jackie Freppert Thursday, August 24, 2006 12:25 PM timesaver02@aol.com; bob. fletcher@co.ramsey.mn.us; bulletin@lillienews.com; cwilson@ctv15.org; dorrick@pioneerpress.com; dprobst@mspmac.org; focus@mnsun.com; kmaltman@msn.com; mlsmith@startribune.com; smoran@startribune.com; sschroediOr@smithmicrotech.com ;",,,', Subject: Agendafor 8/28 CC Meeting Sent: To: Jackie Freppert, Office Support Specialist City of Arden Hills Phone 651.634.5120 Fax 651.634.5137 www.ardenhills.govQffk:e2.com 8/24/2006 . . . ~ /],\~HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 31, 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 7:05 p.m. Present: Mayor Beverly Aplikowski, Gregg Larson, Brenda Holden, and Vincent Pellegrin. Absent: Councilmember David Grant (cxcused). Also present were City Administrator, Michelle Wolfe; City Attomey, Jerry Filla; Chief Financial Officer/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; City Engineer, Kris Giga; Assistant City Administrator, Schawn Johnson; City Planner, James Lehnhoff; Parks and Recreation Manager MicheIle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Aplikowski stated jtem 7.E. would be removed from the agenda and moved to a closed scssion after the adjournment ofthe regular Council meeting. MOTION: Councilmember Larson moved and Councilmcmber Pellegrin seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. July 10, 2006 City Council Meeting B. July 10, 2006 Work Session Meeting Minutes MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve the July 10, 2006 City Council Meeting Minutes as presented and the July 10, 2006 Council Work Session Minutes as presented. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL-JULY 31, 2006 2 3. CONSENT CALENDAR . a. Claims and Payroll b. Resolution No. 06-39: A Resolution Appointing the 2006 Primary Election Judges c. Motion to Approve an Agreement with the City of New Brighton for Cable Technician Support d. Motion to Approve the Cancellation of the August 14th City Council meeting e. Motion to Approve Payment #2 to Margolis Company in the amount of$12,575.53 for the Highway 61 Landscape Project MOTION: Councilmember Larson moved and Councilmember Holden 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. PULLED CONSENT ITEMS None. 5. PUBLIC INOUlRIES/INFORMATlONAL None. . 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. Planninl! Case 06-019: Special Use Permit Amendment and Site Plan Review, Celestica, 4300 Round Lake Road Mr. Lehnhoff stated the applicant proposes to install a second 12,000 gallon nitrogen tank immediately south of the existing 12,000 gallon nitrogen tame The second nitrogen storage tank would be placed on a concrete slab, and the fence around the existing tank would be extended approximately twelve feet to the south to completely enclose the proposed second tank. He noted at the Planning Commission meeting, a fourth condition was added that made the proposed 12,000 gallon nitrogen tank contingent upon review and approval by the Fire Marshal. Thc Fire Marshal has reviewed the proposal and does not have any objections. He stated the Planning Commission unanimously recommended approval of the Special Use Permit Amendment and Site Plan Review to add an additional 12,000 gallon nitrogen tank to the south side of the building based on the submitted plans and thc seven findings of fact. . . . . ARDEN HILLS CITY COUNCIL -JULY 31, 2006 3 He recommended Council approvc the Special Usc Permit Amendment and Site Plan Review subject to the four conditions as noted in staffs July 24, 2006 report. Councilmember Pellegrin asked if the nitrogen would be cryogenic. Charles Patterson, Celestica, responded it would be in a cryogenic form. MOTION: Councilmember Pellegrin moved and Councilmember Holden seconded a motion to approve Planning Case 06-019, Special Use Permit Amendment and Site Plan Review; Celestica, 4300 Round Lake Boulevard based on the submitted plans, the seven findings of fact, and subject to the four conditions as noted in staff s July 24, 2006 report. The motion carried unanimously (4-0). B. Planning Case 06-020: Site Plan Review, City Insulation of Madison, 3755 Dnnlap Avenue Mr. Lehnhoff stated the applicant proposes to add four new loading docks to the south side of the existing 11,720 square foot building at 3755 Dunlap Avenue. Modifications to buildings in the B- 4 Zonc require an approved site plan review. Three of the docks would be 16' wide and 14' high and the western most dock would be 12' wide and 14' high. There is one existing loading dock on the south side of the building near the front of the building and one loading dock on the west (rear) sidc of the building. Both of the existing dock doors would remain. The applicant is not proposing any other changes to the building or thc lot. He indicated the building contains 10,320 square feet of warehouse space and 1,400 square feet of office space on a .93 acre lot. The business occupying the space, an insulation installer and contractor, is a conforn1ing office/warehouse use in the B-4 Zone. According to the applicant, the doors are needed to provide better access to the warehouse portion of the building for easier and more efficient loading and unloading of insulation materials. The docks are not meant to significantly increase the nwnber of trucks or traffic on the site. The proposed dock doors would match the existing dock doors. Hc statcd the Plmming Commission unanimously recommended approval ofthe Site Plan Review to add four new docks to the south side of the building based on the submitted plans and the fourteen findings of fact and subject to the six conditions as noted in staffs July 24, 2006 report. He indicated staff had not rcceived any public comments regarding this application. Councilmember Pellegrin asked ifthis would reduce the truck traffic. Mr. Lehnhoffresponded it would not reduce the truck traffic, but it would reducc the idle time of the trucks. Councilmember Larson asked ifthere would be an increase in truck traffic. Mr. Keith Glenn, representative of applicant, responded at this point there was no plan to incrcasc thc amount of employees and trucks, but he could not speak to the future regarding truck traffic. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve Planning Case 06-020, Site Plan Review, City Insulation ARDEN HILLS CITY COUNCIL-JULY 31, 2006 4 of Madison, 3755 Dunlap Avenue based on the suhmitted plans, the ]4 findings of fact, and subject to the six conditions as noted in staffs July 24, 2006 report. The motion carried unanimously (4-0). . C. Planning Case 06-013: Variance and Preliminary Plat, Amities LLC, 3685 and 3695 New Brighton Road Mr. Lehnhoff stated the applicant submitted the original preliminary plat and variance application on April 10, 2006. That applicant sought to re-plat 3685 and 3695 New Brighton Road into four lots. A variance was also requested to allow all four lots to share one private driveway and for two lots to not be adjacent to the public right-of-way. Due to the design of the preliminary plat, the plat was contingent upon approval of that variance. The Planning Commission reviewed that application on May 3, 2006. The Planning Commission voted 3-2 (with one abstention) to recommend denial to the City Council. The applicant submitted a letter to the City Council requesting the application be tabled with the intent of submitting a revised plat application. The City Council reviewed the application on May 22, 2006 and voted to table the application and remand it back to thc Planning Commission for further review. Due to the limited time between the May City Council meeting and the June Planning Commission, the applicant was not able to submit a revised application in time for the June 2006 Planning Commission meeting. Therefore, at the June 7th meeting, the Planning Commission voted to table the application until the July 12th meeting. He reviewed his analysis and noted the Planning Commission recommended approval (with one . abstention) of the preliminary plat based on the submitted plans and on five findings of fact and seventeen conditions as noted in staffs July 24, 2006, report. Phil Littlefield, applicant, stated he believed this proposal was a much cleaner design. He noted the greatest concern was the retaining wall, which had been resolved. Councilmember Larson asked what had been the practice most recently regarding park dedication. Mr. Lehnhoff responded the percentage dependcd upon how many lots were being created. He stated what they have typically done in the past was to not count the lot already developed. He indicated he had based this on three new lots. He stated he did not count Lot 4. Couneilmember Pellegrin stated he was fine with this proposal, but he lived in this neighborhood and asked if he needed to abstain. Mayor Aplikowski stated he was not required to abstain, but he could ifhc wantcd to. MOTION: Councilmember Pellegrin moved and Counci]member Holden seconded a motion to approve Planning Casc 06-013, Variance and Preliminary Plat, Amities LLC, 3685 and 3695 New Brighton Road based on the submitted plans, the five findings of fact, and subjcct to the seventeen conditions as noted in staffs July 24, 2006 report. The motion carried unanimously (4- 0). . . . . ARDEN HILLS CITY COUNCIL-JULY 31, 2006 5 D. Motion to Approve the Proposed Vanl!hn Propertv Access Road Ms. Barton stated the City established the Gateway Business District (GBD) in 1988 to redevelop thc area generally located at the northeast comer of I-35W and 1-694. In early 1997, Welsh Companies requested the City vacatc a portion of 14'11 Avenue NE to facilitate a proposed development in the GBD. However, vacating 14'h Avenue would result in the Vaughn property, located to the south and cast of the Welsh property, having no direct access from thc west. Although thc Vaughn property has an easement access /Tom the east, due to wetlands and terrain, access /Tom this casement was virtually impossible. She indicated given this situation, the City passed Resolution 97-55 granting the requested vaeation of 14'11 Avenue NE with the condition that Welsh Companies transfer a replacement right-of-way to the City which includes Gateway Boulevard and an access to the Vaughn property. Easements were recorded in Mareh 1998 allowing for the construction of Gatcway Boulevard and the aceess to the Vaughn property from the west (/Tom Gateway Boulevard). She stated staff rccommends Council approve the Vaughn property access road and amend the budget in the amount of$17,603.28. Councilmemher Holden asked when 14th Avenue NE was originally given up, did the City receive anything in kind. Mr, Filla responded he did not remember the details as to why this was set up the way it was. Councilmember Holden asked ifMr. Vaughn had been using the road. Mr. Filla responded he has been using the access at this location. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve Vaughn property aceess road and to amend the budget in the amount of $17,603.28 to pay for the construction of said road and approve the Vaughn property access road. The motion carried unanimously (4-0). E. Motion to Approve TCA~'\.p Offer to PHrebaGe Moved to Closed Session. F. Motion to Approve the Contract Between the Citv of Roseville and the City of Arden Hills for Water Service Ms. Wolfe stated the City of Arden Hills contracts with the City of Roseville for water services. This agreement allows the City to purchase water from the City of SI. Paul via RosevilIe. Roseville has been providing water to Arden Hills continuously since 1963. The most recent contract between the City of RosevilIe and City of St. Paul expired on May 24, 2004. Effectively the contract with Roseville expired that same date. RosevilIe began reviewing t11eir water needs in 2001 and decided to stay with the City of St. Paul. They approved a new contract with St. Paul in April 2005 and the contract went into effect after the 51. Paul Board of ARDEN HILLS CITY COUNCIL-JULY 31, 2006 6 Water Commissioners approved it. The previous contract was a twenty-year contract. The new contract is also for twenty years. . She recommended Council approve the contract for water services between the City of Roseville and the City of Arden I-lills. MOTION: Councilmember Pellegrin moved and Councilmember Larson seconded a motion to approve the contract for water services between the City of Roseville and the City of Arden Hills. The motion carried unanimously (4- 0). G. Motion to Approve Chan!!e Order #2 Amt Construction in the amount of$15,000 for the 2006 PMP Proiect Ms. Giga stated construction for the 2006 PMP improvement project has begun. Residents have continued to express concerns regarding the preservation of trees and the overall integrity of the neighborhood. Staff has responded to these concerns by making some adjustments to the proposed utility work on the plans, and shifting alignments where possible to avoid additional tree removal. With the revisions, most trees of concern can be protected. However, the contractor has expressed a concern about the revisions, particularly at the Siems Court and Arden Place intersection. The proposed storm sewer is extremely deep in this intersection. When installed, the depth of the storm scwer will expose many of the existing utilities in the intersection, including the watermain. Given the age and material of the pipe, the contractor is concerned about having . "live" watermain exposed while their crews are working underneath it. The contractor is proposing to provide temporary water service to 15 homes in the Siems Court cul-de-sac while the intersection work is completed, this would enable them to shut off the watermain providing a safer work environment for the crew installing the storn1 sewcr. The contractor has quoted the price for this work to be $313,420. She indicated the amount of the change order would be charged to the Water Fund. She recommended Council approve Change Order #2 for the 2006 PMP project, not to exceed $13,420.00. Councilmember Holden asked what the definition of temporary was. Ms. Giga responded it would be for the duration it took them to get through the intersection, possibly a week. Councilmember Holden asked when they were bidding on this did they not have any information to show the watermains wcre at this depth. Ms. Giga responded this came up when they were reviewing the plans with the contractor and after they had made revisions to the plans per the residents' requests. Councilmember Larson asked if there was a way to minimize the cost by making a connection back to the service line. He believed it was expensive to reconnect each individual home. Ms. Giga respondcd they were looking at ways to reduce the cost and this was the quote given by the contractor, but noted it could be just as expensivc if not more expensive to reconnect the service line. . ARDEN HILLS CITY COUNCIL -JULY 31, 2006 7 . Councilmember Pellegrin asked where the disagreement was between staff and the contractor. Ms. Giga responded there was no disagrcement. They were still looking at alternatives to get the temporary line in at a lower cost, is possible. MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve Change Order #2 for the 2006 PMP project in an amount not to exceed $13,420.00. The motion carried unanimously (4-0). H. 2006 PMP Assessments Ms. Giga stated a portion of thc costs for the 2006 PMP project are assessed to the benefiting propcrties. In order to assess these costs, the City must follow the public hearing steps outlined in State Statute 429. The first step in the assessment process is consideration of a resolution declaring costs to be assessed and ordering preparation of assessment rolls. Next, in order to comply with the statutory assessment process, it is necessary for the Council to adopt a resolution setting a hearing date for the assessments. Public hearings are required in order to assess the cost of public improvements. The proposed assessments have been prepared in accordance with Arden Hills' assessment policy previously adopted by the City Council. She recommended Council hold the assessment hearing on August 28, 2006 for the 2006 PMP Ridgewood Neighborhood improvements. She reviewed thc financial implications. . She recommended Council approve Option I, based on the contractor's bid price. Councilmember Holden asked what the avcragc increase was of the PMP projects as they went forward. Ms. Giga responded she was not sure what the average increase has been in the past. Ms. Wolfe stated on previous projects the street portion, which was the part the City assessed for, was actually close to what was estimated. The increases happened due to changes in utilities and stormwater. Councilmember Larson asked the assessment per tmit rate compared to Edgewater. Ms. Giga responded it was a wide range. She indicated the average was right around $5,000.00 but that does not consider inflation or significant increases in construction costs over the last few years. Council member Larson stated the most important thing for the City to adhere to was the idea that they base their assessments for thc street improvements that are assessed as closely to the actual costs as possible, and therefore he was in favor of Option 1. He believed it was a good idea to come up with some estimates early on, but hc believed they should always try and base the assessment on the bid costs if they could do it. He suggested adding a sentence to the assessment policy stating if they had the costs, those costs would be used. Council member Holden stated she was in favor of Option 1 also. . MOTION: Councilmember Holden moved and Councilmember Larson secondcd a motion to approve Resolution 06-41: Resolution Declaring Costs to be ARDEN HILLS CITY COUNCIL-JULY 31, 2006 8 Assessed and Ordering the Preparation of the Assessment Roll based on Option 1. The motion carricd unanimously (4-0). . MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve Resolution 06-42: Resolution Receiving the Proposed Special Assessment and Providing for Public Hearings on August 28, 2006 and an additional date of September 11, 2006, if needed. The motion carried unanimously (4-0). Councilmember Larson asked if this should be the procedure they follow in the future. Ms. Wolfe stated they could address this when they discuss next year's projects and the CIP. 8. UNFINISHED BUSINESS Mayor Aplikowski moved item 8C to before item 8A. C. Shoreline Lane Drivewav Repair Ms. Giga updated the Council regarding the Shoreline Lane Driveway Repair. She requested Council authorize staffto continue discussions with the homeowner and provide staff with a budget. She indicated to reconstruct the northern 36 fect of the driveway with bituminous was $6,500.00. The estimated cost to replacc the driveway with concrete was $9,000.00, which did not include the replacement of the concrete apron. She asked Council to approve a budget not to exceed $10,000. . Mr. Jeff Lanasa, 5133 Shoreline Lane, stated he had received a letter from the City this afternoon when he called and asked what was going on. He stated that when the City tore up the street and the driveway two possibilities were presented for the driveway - asphalt or concrete. He stated their preference as asphalt. He stated they were told the City could do it in asphalt and the City found the subcontractor to do the driveway, which they have had problems with. He stated they had not been informed that asphalt should not be done. He stated when he talked to the City Engineer last week that was when he was informed that he should split the cost. He stated the base under the apron was not deteriorating. He stated the base under the asphalt driveway was eroding. He stated the driveway did not drain away from the house like it used to. He stated he was confused when the City said it should bc concrete, but was willing to do asphalt for the third time. He noted this had bcen going on for two years. He stated he wanted a functioning driveway like he had before the City came in and dug up the street. He stated ifthere was some way to drain the driveway and not have standing water that was what he wanted. He stated with respect to the sewer, all three breaks were where the work was done, which he found IrOnIc. Councilmember Holden askcd if there was a lettcr sent with respect to residents given the choice between bituminous and concrete. Ms. Giga responded she believed past practice was to replace the driveway with what they previously had. Ms. 'Volfe stated the best information staff had was provided by the contract engineers who did . most of the work on the project and she was not aware of any letter that had gone out with respect . . . ARDEN HILLS CITY COUNCIL -JULY 31, 2006 9 to this driveway topic. She stated in discussions with the contract engineers, in this particular case there was concern because thc existing driveway already had a small amount of grade and there was concern about constructing this driveway in bituminous. They indicated that concrete might be a better solution because of the grade issucs and that was what was proposed. She stated the resident preferred bituminous and the City then put in bituminous. She indicated last spring there was concern from the resident with standing water and now this spring the holes appeared and at that time this was brought to Council. Mr. Lanasa stated they were told the driveway could be concrete or asphalt and they chose asphalt. He stated it was never discussed with them that they should do concrete instead of asphalt. Councilmember Larson stated normally staff would not have given him the option and would have just replaced it with what was already there. Ms. Giga responded that was correct. Councilmember Larson asked ifhe was now willing to accept concrete. Mr. Lanasa responded if that was what it took to have the driveway function properly, he would accept concrete. Councilmember Larson statcd he was comfortable having the driveway replaced with concrete and doing it in a way that would solve the drainage problem. Councilmember Pellegrin asked how concrete would address the assessment that there were still problems with the apron base. Ms. Giga responded they would ensure the base was properly compacted before putting in the new surface. Mayor Aplikowski requested Mr. Lanasa sign an agreement that the driveway would be regular white concrete. Ms. Giga noted if they were replacing the entire driveway with concrete, it would increase the costs significantly. Councilmember Holden responded the entire driveway would need to be replaced because a haWhalf driveway was not acceptable. She asked staff to look into the sewer line again so ifthis was the cause of the problem, the problem would be addresscd now. MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to replace the driveway and garage apron at 3153 Shoreline Lane with concrete, and corrcct thc drainage of the driveway. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL-JULY 31, 2006 10 A. Motion to Approve the Warminl! House Replacement Plan Ms. Olson stated at the May 8, 2006 Council mecting, a wanning housc comprehensive report was presented. The Council tabled the item to the June 19, 2006 Work Session for further discussion. At that time, staff was directed to bring the report back with additional information. At the Work Session, the City Council reviewed the report and showed support for a combination oftwo options. Based on those discussions, staff has drafted a proposed replacement plan. She reviewed the replacement plan and budget considerations. . She recommended Council direct staff to implement the wanning house replacement plan as recommended including: removal of existing Freeway Park warming house and installation of cement pad; move cxisting building at Valentine Park to Freeway Park; relocate and disconnect/hook-up for Valentine Park and Freeway Park; and rent mobile unit for Valentine Park for the 2006/2007 season. Councilmember Holden asked ifthc warming house at Valentine Park was in excellent condition. She indicated she did not want to move a warming house ifit was not in excellent condition. Ms. Olson respondcd staff had looked at this and thc wanning house was in good shape. Councilmember Holden stated she would likc to see staff start putting together a study of Valentine Park and come back to Council next year with their assessment regarding the wanning house. Ms. Olson stated it would not work having a permanent building there and staff would look at alternatives to bring to the PTRC and Council. . Mayor Aplikowski stated staff should probably talk to the neighbors to see how the park was bcing used. She noted if it was basically used for the ice skating rink, it did not mcan they necessarily needed a warming house. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve the warming house replaccment plan to includc: Removal of cxisting Frceway Park warming house and installation of cement pad; move existing building at Valentine Park to Freeway Park; Relocate and disconnect/hook-up for Valentine Park and Freeway Park; rental of mobilc unit for Valentine Park for the 2006/2007 season. The motion carried unanimously (4-0). Ms. Wolfe asked if the Council had reached a consensus to do a study of Valentine Park. Council agreed. B. Motion to Approve the Proposed O&M Department Structure and Public Works Director Recruitment Process Ms. Wolfe stated at the July 10 Council meeting, the Council held a post-meeting work session to discuss the options for reorganization of the Operations and Maintenance Department. Sevcral . options were presented to Council, and staffrecommcnded Option C. After discussion, Council directed staff to proceed with preparing for the reorganization and to bring the item to a future . . . ARDEN HILLS CITY COUNCIL-JULY 31, 2006 11 Council meeting. She reviewed the proposal and recommended Council approve the new organization chart for the Arden Hills Public Works Department; approve the upgrade ofthe existing "Recreation Program Supervisor" position to "Parks and Recreation Manager"; and approve a recruitment plan for the Public Works Director position. MOTION: Councilmember Pellegrin moved and Councilmember Larson seconded a motion to approve the organization chart for the Arden Hills Public Works Department; approve the upgrade of the existing "Recreation Program Supervisor" position to "Parks and Recreation Manager"; and approve a recruitmcnt plan for the Public Works Director position. The motion carried unanimously (4-0). D. TCAAP Ms. Wolfe updated the Council on recent TCAAP developments. 9. COUNCIL COMMENTS AND REOUESTS Mayor Aplikowski stated this was Mr. Siddiqui's last meeting. She thanked him for his hard work while employed with the City. Mr. Siddiqui stated it was a pleasure working with the City and he believed they had accomplished a lot over the past 2 Y, years. Councilmember Holden requested an update on the diseased and marked trees. She requested for an update on the Stenberg property. She requested they have a work session discussion clarifYing when residents can speak on an agenda item when it is not a public hearing. Councilmember Larson stated the new website was up and it was much improved. He recommended everyone look at it to see the improvements. Mayor Aplikowski noted the Communications Committee was a hardworking group and thanked them for all of their hard work and efforts. She thanked the two new members of the staff, Ms. Barton and Ms. Giga for all of their hard work. She also thanked all of the staff for their hard work. Mayor Aplikowski adjourned the Regular City Council Meeting at 9:05 p.m. to recess into a Closed Session. The meeting was reconvened at 10:30 a.m. Item 7E: Motion to Approve TCAAP Offer to Purchase. Attorney Jerry Fills indicated that after continuing negotiation discussions in closed session, it was time to consider motions in regards to approval of an Offer to Purchase. ARDEN HILLS CITY COUNCIL-JULY 31, 2006 12 Motion authorizing Mayor and City Administrator to sign offer to purchase subject to the following: . 1. Legal review and approval by the City's attorney's); and 2. Execution of an earnest money reimbursement agreement with CRR, which shall include gnarantees by the Rehbein Corporation and by the Ryan Corporation. Motion was made by Vince and seconded by Gregg, approved 4-0. Motion authorizing Mayor and City Administrator to sign the carnest money reimbursement agreemeut with CRR subject to thc following: Legal review and approval by the City attorney's). Motion was made by Gregg and seconded by Vince, approved 4-0. Motion to adjourn by Councilmember Holden, second by Councilmember Larson at 10:52 p.m. Beverly Aplikowski Mayor Michelle A.Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, August 28, 2006 at 7:00 p.m. at tbe Arden Hills Council Chambers. . . . . . ~ ~~ILLS Approved: CITY OF ARDEN HILLS, MINNESOTA WORK SESSION MEETING JULY 17, 2006; 5:07 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thcreof, Mayor Beverly Aplikowski called to order the work session meeting at 5:07 p.m. Present: Mayor Beverly ApJikowski, Councilmembers David Grant, Gregg Larson, Brenda Holden, and Vincent Pellegrin Absent: None Also present were City Administrator, Michelle Wolfe; Chief Financial Officer/Treasurcr, Murtuza Siddiqui; Civil Engineer, Kris Giga; City Engincer, Deb Bloom; Assistant City Administrator, Schawn Johnson; and Recreation Supervisor, Michelle Olson Closed Meeting: TCAAP Land Sale Negotiations-Pursuant to MS 13D.05 SUBD 3.c3 Mayor Aplikowski adjourned the Work Session meeting at 5:10 p.m. and announccd that the City Council will be in closed session to discuss the TCAAP land sale negotiations. The meeting was reconvened at 6:04 p.m. CIP Discllssion- Civil Engineer Kris Giga provided the City Council with an overview of the proposed five-year CIP. Ms. Giga noted that the 2006 CIP has been revised and that the CSAH 96 landscaping and Tony Schmidt Park Underpass remains in the budget. InflowlInfiltration mitigation work and the emergency vehicle preemption systems have been added to the 2006 CIP budget. The lift station project was removed due to higher than expected costs. Also, the proposed replacement of the Toro Groundsmaster and back-up generator wcre rcmoved from the proposed 2006 CIP. Civil Engineer Giga reviewed the Goodpointe PCI numbers \vith the City Council. The City's goal is to have an average PCI street rating of 75 for the whole City. The revised PMP reconstruction and/or seal coating schedule is based upon the following criteria used by Goodpointc Technologies: ARDEN HILLS CITY COUNCIL - JULY 17, 2006 2 . Does the street have concrete curb and gutter; . Does the street need watermain, sanitary sewer, or storm sewcr improvements; . Does the street have an adequate base or bituminous thickness; . Councilmember Holden asked what maintenance activities will be done for the streets that do not have curb and gutter. Civil Engineer Giga said that City staff will rcsearch the possibility of seal coating streets that do not have curb and gutter and are in good shape. In order to capture mill and overlay streets, staff has developed a rcgional approach. The 2007 PMP includes mill and overlay streets in the southern portion and sealcoats in the northern part of the City. In 2009, the regions will be reverscd. Councilmember Larson asked if City staff has done any testing on the roads that are scheduled for mill and overlay to ensure that they have adequate sub-base. Civil Engineer Kris Giga said that City staff will review as-builts and chcck the current status of the streets to ensure that mill and overlay or seal coating is an appropriate maintenance procedure. Councilmember Grant askcd what IS the cost difference between a mill & overlay and a reconstruction project. Ms. Giga said that a mill and overlay project costs less that a full reconstruction project. . City Engineer Deb Bloom said that a mill & overlay will t)1JicalIy last ten to fifteen years. Councilmembcr Larson asked City staff how many streets will need to be reconstructed after 2011. Civil Engineer Giga said that City staff plans to provide members of the City Council with a futurc PMP project plan after 2011. City staff will continue to balance PMP projects. City staffs intention is to concentrate on mill and overlays for the first five years of the C1P. Based on the discussion from the April work session, City staff has incorporated MSA eligible projects into the five year Cll'. Funds are currently available for a cooperative agreement with MnDOT for the County Road E bridge project. The following is a list of the MSA eligible projects in the five year Cll': . 2007 Old Highway 10 Sidewalk . 2008 County Road E-North Option . 2010 Snelling Avenue Regional Trail Unassigned Projects: . County Road D Trail; . . . . ARDEN HILLS CITY COUNCIL- JULY 17,2006 3 . West Round Lake Road and Trail. Councilmember Larson recommended that the County Road E north sidewalk option be removed from the five-year CIP and that the City Council consider all available options at this time. Councilmember Holden suggestcd that the north option remain on the five year ClP. Recreation Supervisor Michelle Olson noted that the PTRC recommended that the sidewalk be constructed on the south side. City Administrator Michelle Wolfe said that City staff inserted the more expensive option in the five-year ClP to ensure that necessary funding is available if the City Council decided to pursue the north sidewalk option. Councilmember Holden inquired about future road improvements for County Road D. City Engineer Deb Bloom said that the planned reconstruction of County Road D has heen placed on hold by Ramsey County. County Road D was recently milled and overlayed. City Administrator Wolfe said that the County D sidewalk project is considered an unassigned project at this time. It is pending Ramsey County's reconstruction of County Road D. Councilmembcr Grant requested that City staff complete the cooperative agreement application for funding the County Road E sidewalk project. Councilmember Larson asked if there are other projects that are eligible for MnDOT cooperative agrecment funding. City Engineer Deb Bloom said tlut City must utilize cooperativc agreement funding for a road that is part of the trunk highway system. Federal and state grant dollars are also available for projects associated with Old Highway 10 and Snelling Avenue. The City is allocated approximately $200,000 in MSA funds on a yearly basis. Councilmember Larson said that the Snelling Avenue may be a difficult project to fund due to the lack of frontage on Snelling Avenue. City Engineer Deb Bloom said that it will be difficult for the City to assess home owners due to the lack of frontage and park property. City Administrator Wolfe said that the City may have to modify its existing assessment policy to prove that thc project will increase the property value of the homes along Snelling Avenue. ARDEN HILLS CITY COUNCIL - JULY 17,2006 4 Civil Engineer Giga reviewed the Parks and Recreation portion of the CIP for the City CounciL At this time, the five year CIP includes surface improvements for the City's tennis and basketball . courts and trail signage. City Administrator Michelle Wolfe said that City staff will research the City's original intent in purchasing new park and trail signs. Councilmember Larson suggested that trail signage be removed from the five year CIP. He recommended that the PTRC research the issue further and report back to the City Council at a future date. Councilmember Pellegrin said that it would be very difficult for him to support investing $25,000 in new park trail signage, when pavement improvement projects are being pushed back in the proposed CIP. Mayor Aplikowski recommended that trail signage be left in the proposed CIP at this time. Councilmember Holden asked how many gateway signs are being proposed. City Administrator Wolfe said that it was her understanding that four gateway sign locations were being proposed. Councilmember Grant said that he recalled eight gateway signs were originally proposed. . Mayor Aplikowski requested a list of the eight proposed gateway sign locations be created and a cost estimate for each site. Councilmember Holden said that she has a problem spending that much money on a gateway SIgn. Mayor Aplikowski requested that City staff research less expensive options for the City Council to consider regarding gateway signs. Members of the City Council agreed that the proposed gateway signs should be postponed and revisited at a future date, Councilmember Vince Pellegrin left the meeting at 7:15 p.m. Civil Engineer Kris Giga provided the City Council with an overview of the proposed public works related CIP projects. Due to the City's inflow/infiltration problem with its sanitary sewer system, City staff has placed an added emphasis on repairing or replacing manholes and sealing sewer lines throughout the City. Hopefully this will reduce the amount of III water that is entering the City's sanitary sewer system. . . . . ARDEN HILLS CITY COUNCIL - JOL Y 17,2006 5 City staff will also placed an added emphasis on cleaning and maintaining outlets and culverts connected to the City's storm sewer system. Due to the Storm Water Pollution Prevention Program, City staff will be more involved with pond maintenance and water quality control measures. A nwnber of the storm water improvements will be associated with future PMP projects. At this time, proposed improvement projects such as lift station replacements and the installation of a new SCADA system have been placed on the future CIP list. According to the O&M Department, lift stations #1 I and #13 should be replaced before #1 and #12. City staff is recommending that the lift station project be divided into two separate projects, whcrc two lift stations are replaced at one time. The O&M Department has reviewed the equipment inventory and has prepared a rcplaccment schedule. Staff is currently evaluating options for the water tanker. The Toro Groundsmaster that was scheduled to be purchascd in 2006 has been postponed until 2009. Staff will continue to evaluate the condition of all pieces of equipment to prevent the purchase of equipment that does not yet need replacement. Councilmember Larson asked where will the proceeds from the proposed the old City Hall site land sale be placed. Chief Financial Officer Murtuza Siddiqui said that he will have a future discussion with the City Council regarding where the revenues should be placed within the City budget. City staff will review and revised the proposcd five ycar CIP and will continue this discussion at a future meeting. 2007 Preliminary Budget Discussion- Chief Financial Officer Murtuza Siddiqui provided the City Council with an overview of the 2007 hudgeting process. Mr. Siddiqui noted that once again in 2007 there are no levy limits for local governments. In 2006, the City Council agreed to levy 4%. Chief Financial Officer Siddiqui is requesting guidance from the City Council in the following areas: 1. Tax Levy; 2. Salaries and Benefits; 3. City Contributions Toward Employee Bcncfits; 4. Updating the Five Year CIP. Councilmembcr Holden asked how many budget amendments have been made to the general fund budget this year. Chief Financial Officer Siddiqui said that approximately six amendments have been made to the 2006 budget for under $100,000. ARDEN HILLS CITY COUNCIL - JULY 17, 2006 6 Mr. Siddiqui stated that City staff has been working on the 2007 preliminary budget. In order to . complete the preliminary budget, City staff is seeking City Council input regarding levy limits for 2007. Members of the City Council recommended a 4% levy for 2007. Chief Financial Officer Murtuza Siddiqui requested guidance from the City Council regarding the COLA salary increases for non-union staff members in 2007. At this time, the Local 4gers are scheduled to receive a 2.75% increase in 2007. City staff is recommending a COLA increase of2.75% for non-union employees. Members of the City Council were agreeable to the proposed 2.75% COLA increase for 2007. Mr. Siddiqui statcd that City staff has received preliminary numbers from our health insurance providers for 2007. City staff is scheduled to meet with our health insurance broker next week to discuss the proposed health and dental rates for 2007. At this time, the preliminary numbers are for a 10% to 20% increase in health premiums and a 6% to 8% increase in dental rates. In 2006, the City contributed $586.00 a month towards employee benefits. Recently, the City and employees have evenly split the cost increase for employee benefits. Members of the City Council requested that City staff meet with our insurance brokers and report back to the City Council when we have more concrete numbers regarding the proposed health and dental rates for next year. . Mr. Siddiqui asked if City Councilmembers would be interested in including a future pay increase for the Mayor and City Council positions in the 2007 budget. Councilmember Grant said that he would be an advocate for a pay increase. Councilmember Larson said that he was comfortable with the existing salary. Mayor Aplikowski said that it may be a good idea for the City Council to explore the possibility of adjusting the pay rates for elected officials. City staff will begin compiling information for the City Council to review regarding the pay rates of City Council members in other communities. Councilmember Holden requested that the City budget $10,000 annually for Northwest Youth and Family Services (NWYFS). Assistant City Administrator Schawn Johnson said that charitable gambling revenues currently cover the City's annual contribution to NWYFS. Councilmember Grant said that a problem could arise for the City if charitable gambling revenues would decline and they would not be able to cover the City's contribution. . . . . ~ ARDEN HILLS CITY COUNCIL - JULY 17, 2006 7 City staff will review the current gambling agreement with St. Mary's regarding the annual contribution to NWYFS. Changes to the City Council Agenda- City Administrator Michelle Wolfc provided the City Council with the following options to consider regarding information requests in the City Council agenda: . Direct staff to revise the City Council agendas to include an item "Council Comments and Requests". . Direct staff to make no changes to the City Council agenda format. . Direct staff to revise the City Council Agendas to include an item "Council Reports". Members of the City Council agreed that the format of the City Council agendas should be changed to include a "Council Comments and Requests" item. Mayor Aplikowski adjourned the Work Session meeting at 8:35 p.m. Beverly Aplikowski Mayor Michelle A. Wolfe City Administrator . ~ ~HILLS City ot Arden Hills Request for Council Action Prepared by: Michelle Bruley ~i> Dept.: Finance Council Mtg. Date: August 28, 2006 Finai Action Needed By: August 28, 2006 Agenda ltem;3',A,. Claims & Payroll Budgeted Amount: Across City Bud!let - All Funds Actual Amount: See Financial Implications Funding Source: Across City Budqet - 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 Planning PTRC Date Action Not Applicable Not Applicable Notaflphcable Supporting Documents (whictlare atiactled to lhisAciion-Form): o Memo/Letter: . o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Payroll and Claims Reports Financial Implications: Payroll #15- $61,498.29 Payroll #16- $77,722.83 Accounts Payable Claims Since 7/31/06 Council Meeting: 1. Paid Claims - Batch 007-07-2006: 2. Paid Claims - Batch 001-08-2006: 3. Paid Claims - Batch 002-08-2006: 4. Paid Claims - Batch 004-08-2006: 5, Paid Claims - Batch 005-08-2006: 6. Paid Claims - Batch 007-08-2006: 7. Paid Claims - Batch 008-08-2006: 8. Paid Claims - Batch 009-08-2006: 9. Unpaid Claims - Batch 003-08-2006: 10, Unpaid Claims - Batch 006-08-2006: 11. Unpaid Claims - Batch 010-08-2006: . Claims Total Administrator/Staff Comments: $ 3,062.43 $ 100.00 $ 69,174.36 $ 2,261.90 $ 28,684.86 $ 4,321.96 $ 2,243.41 $ 29,978.83 $ 457,552.68 $ 35,715.89 $ 100,345.66 $ 733,441.98 Page 1 of 1 CITY OF ARDEN HIl.18 I(El>>~L<>>"llE NM'jtll ire rt,Jackie ohnson Schawll ilseth, Pang weeney, Pamela Volfe, Michelle arton,Karen Rvl Sandra Bruley, Michelle Lehnhoff, James Mennenga, John cherbel, David jd~i, Mur1uza I\.ndrews,Aaron Freyberger, Scon Mooney, Joseph Perron James liJowlan, Anthon' axe, Pete ehifsh-, Mike Winkel, David Frid,Jeff~ lson,MicheIJe ~""'B'i,n ruhn-Dinp,Jake anis, Robert I&u~r, Elizabeth ] .vneh, Rvan Wei;;(;It,Matthew Belian, Colleen Bonemeyer, Alex Carlson,Kristic Ceronsky, Katherine Dahlber<>, Amanda Diemer, Chrish;,her ~Iano, Daniel elano, Jennifer In.-Lisle. Emil" Grant, Sara Kin~cJ Me"han Peterson, Jennifer Renner, Julia Rheault,Kathleen tSwerud,Hadle' Tokarcv, Julian Wrobel, Alexander CHECKS DATED 7/28/2006 (PfR# 15) . SECOND JULY PAYROLL (Biweekl ,7/8/06 to 7/21106) ':F~jVI,O~l:E:I!Wl!CnONS:,:: '<:':AMT:"""" ClTYlll'i'!W FIT 4,337.62 SIT 1,942.53 FlCA Oasdi 3,244.36 3,244.36 FICA Medicare 758.79 758.79 TOTAL TAXES 10,283.30 4,003.15 FSA Health Premium 1,260.00 FSA Dental Premium 22999 FSA Health Care Reimb 459.37 FSA D~dent Care Reimb. 416.66 TOTAL FLEXIBLE SPENDING 2,366.02 0.00 PERA 2,37153 2,58n6 leMA 1,565.76 432.93 Central Pension Fund-Union 614.40 ITOTAL RETIREMENT I 4,551.691 3,020.09 I Affinit Plus Federal Credit Union 3906.06 lUOE 49 Dues {Union 120.00 L TD/STD Insurance 213]4 PEM Life Insurance 30.00 Lifel Addl/De;:;-Life 147.30 United Wa lvtnChild SU} ort 391.50 ITOTAL VOLUNTARY I 4,594.861 213.141 TOIl'll Em;:;~e Deductions 21,795_87 NetPa roll 14,TI9.58 Direct De sit 21,642.52 Gros~ Payroll Tie-Out 54,26L91 Plus City Paid Benefit 7.236.38 lCMA Benefit Held 0.00 TOTAL P A VROLL COST 61,498.29 . HC^llS;,QtJT:'''. GrossPa'Toll 54,261.91 Less Total FSA 2,366_02 Plus Employer Match ICMA 432.93 Net PIR Subject to FICA 52,328.82 FICA Oasdi-;:a) 6.20% 3,244.36 FICA Medicare (@ 1.45% 758.79 Note: Federal and Slale Payroll Tax obli~,'3tions arc satisfied by means ofuLili:ling the "Taxte!" Electronic Tax Deposil S~rvice. Trans- fers are typically made I.VO business days after the payroll date. . CITY OF ARDEN HILLS . Ilf'MPLOVEE.N"MC . ij . F" en, Jackie Jonnson,Schavm Silseth, Pang Sweeney, Pamela Wolfe. Michelk Bazlon,Karen B I,Sazllrra Bml ',Miehelle Lehnhotl;James Mennenp'a,1ohn Scherbel, Dayid Siddi"'ui,Murtuza Andrews, Aaron Frcyberger,St:otl Mooney, Joseph Perron. James Nowlan.A.lllhu~ Saxe. Pete Schifsk ,Mike Winkel,David Frid,Jemev Olson.r...licbelle ~ikuwski,BeverlY Granl. David Holden, Brenda Larson,Gr~ PclJe'nn, Vincem Beroer,Brian Bruhn.Din ,Jake Harris, Robert Kmeger,Erizabeth Lynch, Ryan Weigelt, Matthew Cadorette, Sarah Behan, Colleen Bl}nemeyer,/\lex Carlson, Kristie Ceronsky,Katherine Dah]b;;::- Amanda Diemer. Christo her Delano, Daniel DelanO,1ennifer DeLisle, Emih' GrazJL,Sara Kinsel, Me IlalJ Pelerson,Jennifer Rt:nner,Jnlia Rlleault, Kathieen Wrobel,Alexander CHECKS DATED 811 If2Go-6 (PIR# 16) FIRST AUGUST PAYROLL (Hiweekl ,7/21fO(j to 8/4f06) .> :EMPLO:YU;;Dli:UUCl1o:r.\S: :.. '.'.'.'AM~I~;:: Crr:v.JJE.:Nl:i::f<'l:1 FIT 4,790_09 SIT 1,995.32 ICAOasdi 3,'178.31 3,47lUl 'ICAMedicare &13.50 &]3.'\0 OTAL TAXES 11,077.22 4,291.8J FSA Health Premium 1,260.00 11,542.00 FSA Denial Premium 229.99 337.64 FSA Health Care Reimb. 45937 FSA De endellt Cal'e Reimb 416.66 (TOTAL FU>:XIBL.IC $PICNDING 2,366.021 11,879.641 lfl-'ERA 1378.37 2,'\94.62 IIICMA 1,437.47 432.93 IICemral Pension Frmd.UniOll 614.40 RETIREMENT 4,430.24 3,627.55 ffinitv Plus Federal Crt:dit Union 4,353.54 lJOE 49 Dues Union} 120.00 LTD/STD Insurance 392,15 PERA Life InSUJ'allCe 30.00 Lite/Addl/DenLife 147.30 96.40 UnitedWav Mn Child Su "" 391.50 ITOTAL VOLlJNTARY 5,1t42.34 488.55 Total Em 10 'ee DedlJCiions NelPa .011 Direct De osit GlOSS Pa Toll Tie-Out PlusCi Paid BeJlcfit lCMA Benefit Held TOTAL I'A YROU. 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S 0 ~ e V> "' E '";' = u 0 "' > 2 "E ~ 0 0 00 .~ E <S 0 ,.<:; "- ~ 0 0 0 >-. .C ;L) ~ ~ .D ~ ~ 0 ~ ~ Q) (>j . 0 ~ -< CO :E 2: '" 6: j .D P. 0 .0 " r--- i':' ~ ro <ll " ;t: .8 >=Q "0 >. 6 ~ '" .~ ii <( ~ :c E ro (>j '- 0 - "0 "- '" 0 "" " <( Z G- o " 0 > 0 0 1:: U " " ;<; 'r, ~ <::1 E :0 " 0 0 0 ~, " " ~ . 7 ~ "- s:: p., c '" :g cO '" 0 "" 'i u 7 _ 7 " Z f-; z E 6 c' <>: ;j <ll .s ~ -,: 0 o 0 00 f-; C 0 " 0 _ 0 o ~ ;; 0 E E ';; ~ ~ V> N 05 ~ W N -0 C cO = 0 . ~ V N >=Q U rI1 ." 0 "0 0 0 '" 'i . 'i '" 'i 0' " i'1 </] " </] u ~ '" u 0 " 0 U CO '" " 0 u "" 0 0 ~ ~ OIl '" E c- .~ C;I ~ .C: .C: " " a p. 0 '" '" </] z 0 .t '" <( . ~/ Prepared by: KG ! Depl.: Engineering Council Mtg. Date: 8/28/06 Final Action Needed By: ~ ~HILLS City of Arden Hills Request for Council Action 1,liij[,",~ Agenda Item I,Q Motion to approve Payment #1 to Amt Construction Company. Inc. for the 2006 PMP Proiect Budgeted Amount: $1,764,000.00 Actual Amount: $2.101.114.16 Funding Source: Various Council Action Request: Motion to approve Payment #1 to Amt Construction Company, Inc. in the amount of $487,812.59 for the 2006 PMP Project. Staff Recommendation: Approval of Payment #1 to Amt Construction Company, Inc. in the amount of $487,812.59 for the 2006 PMP Project. AdYisory Commission Action: Commission Date Action Not Applicable Not Applicable _ Not applicable Planning PTRC . Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) i:><J Engineering Recommendation: See attached memo o Attorney Recommendation: i:><J Other: Pay request No.1 Financial Implications: The following breakdown shows the funding sources and amounts for Payment #1: General Fund: $222,138.50 Storm Sewer Fund: $125,003.79 Sanitary Sewer Fund: $57,691.60 Watermain Fund: $82,978.70 Administrator/Staff Comments: . Page 1 of 1 . . . URS AGENDA ITEM 3.B Thresher Square 700 Third Street South rVfinncapolis, MN 55415 Phone (612) 370-0700 cax: (612) 370-1378 To: Cc: Kristine Giga/ Arden Hills Michelle Wolfe I Arden Hills Greg Brown! URS Corp Mark Lynch/ URS Corp File: 31809837 I,'rom: Frank Ticknor Project Engineer Date: August 22, 2006 Sllb.iect: 2006 Pavement Management Program Ridgcwood Neighborhood Construction Contract Rcquest f()r Payment 111 Background The City of Arden Hills awarded Amt Construction Company, Inc. of Hugo, MN the 2006 Pavement Management Program on June 12,2006 f()r a total contract amount of$1 ,808,584.32. Change Order #J and Change Order #2 have been approved by Council resultjng in a current contract amount ofSI,703,314.16, Project Status The Contractor has mainly been working on the underground components of the project throughout the first month of construction, Work completed includes watermain replacement, as well as service connections, hydrant and gate valve replacements on Arden Place between Ridgewood Road and Snclling. Sanitary sewer forcemain work from Liti Station #3 and Liti Station 114 is largely complete as well. Stoml sewer has been completed along Ridgewood Road and Skiles Lane, and the contractor is currently working on storm sewer along Arden Place. The grading of the two ponds in the wetland adjacent to Ridgewood Road is also complete. Roadway base along Skiles Lane has bccn completed; the next location for roadway base work will be Ridgcwood Road. Recommendation URS rccommends the Council approve Pay Estimate #1 lor Am! Construction Company, Inc. of Hugo, MN in the amount of$487,81L59. . . . APPLICATION FOR PAYMENT PAYMENT NO.1 OOS CfJP1 X Clly Copy Cooeraclor Cq:y Inspector Copy Project: Owner: Owner No.: Contractor: URS Job No.: Application Date: For Period Ending: 2006 Pavement Management Program / Ridgewood Neighborhood City of Arden Hills Amt Construction 31809837 8/22/2006 8/17/2006 Original Contract Amount: Contract Amendments: Contract Amount To Date: Total Amount of Work Complete To Date: Material Suitably Stored On-Site but not Incorporated Into Work: Gross Amount Due To Date: Less 5.00% Retainage: Amount Due To Date: Less Previous Payments: Total Due This Application: $1,808,584.32 -$105,270.16 $1,703,314.16 $513,486.94 $0.00 $513,486.94 $25,674.35 $487,812.59 $0.00 $487,812.59 I hereby certify that all items an amounts shown are correcl for the work completed to date. Date: 9 - ;),). - {Xc.:> I \( The work shown on this project and the application for payment have been reviewed and the amount shown is recommended for payment. /J ! URS CorpQJ.<ttion /2Jz // ,/ L) /c'///.. ~--t/~ 8,/;:'>'0/ By: /r-;::;,(CA1/./'Vc Date: /. ~ I / / , ,/ J/ APPROVED FOR PAYMENT Owner: City of Arden Hills By: Date: 1 of 10 Payment History Payment Number Payment Application Date 8/22/2006 Payment End Date 8/17/2006 Amount Total Payments: $0.00 2 of 10 . . . Contracl Contract To Date No. MnDOT No, Item Description Unit Unit Price Quantity Amount Quantity To Date Amount . ORIGINAL CONTRACT SCH EDULE A - ROADWAY 2021,501 MOEllLlZATION LS $12B,000.00 062 $79,360.00 0.50 $64.000.00 2 2101,502 CLEARING TREE $320.00 42,00 $13,440,00 40.00 $12,800,00 3 2101.507 GRUSBING TREE $120.00 4200 $5,OtjO.00 2900 $3,480.00 4 2104.501 RfMOVE BITUMINOUS CURE! &. GUTIFR LF $1,00 80.00 $!lO.OG COO $0.00 5 2104.501 REMOVE TIMBER! WOOD RETAINING WALL LF $6,00 1,19000 $7,14000 0.00 $0,00 6 2104.505 REMOVE BITUMINOUS PAVEMENT SY $1,75 15,82300 $27,690,25 10,000.00 $17,500.00 7 2104505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY $3.00 2,040,00 $6,120,00 0.00 $0.00 8 2104,505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY $400 90000 $3,600.00 0.00 $0.00 9 2104511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF $2.00 51700 $1,034.00 COO $0.00 10 2104513 9,WING BITUr"INOUS PAVEMENT IFULl DEPTH) LF $2.00 895,00 $1,79000 0.00 $000 11 21Qtj,523 SALVAGE SIGN TYPE C EA $30.00 8.00 $240.00 0.00 $0.00 12 2104.523 SALVAGE SIGN. STREET SlGN EA $40.00 7.00 $280.00 0.00 $0.00 13 2104523 SALVAGE MAIL BOX AND POST EA $20.00 54.00 $1,080,00 aoo $0.00 .2104.523 SALVAGE AND INSTALLPAVEfl BRICKS SY $20,00 30,00 $500.00 0.00 $0.00 15 2104.523 SALVAGE AND INSTALL PRIVATE LANDSCAPING LS $90CLoo 100 $900.00 0.00 $0.00 16 2104.601 HAUL SALVAGED MATERIAL LS $400.00 1.00 $400.00 0.00 $0.00 17 2104.603 BULKHEAD PIPE EA $52000 ROO $4,160.00 aoo $0.00 18 2105.501 COMMON EXCAVATION (P) cy $12.34 12,779,00 $157,692,86 6,000.00 $74,040.00 19 2105.507 SUBGRJI,D1': EXCAVATION (EV) CY $12,34 100.00 $1,234.00 0.00 $0.00 20 2105.522 SELECT GRANULAR BORROW {ev} (P) CY $14.22 5-,70500 $81,125.10 2,000.00 $28,440.00 21 2105.525 TOPSOIL BORROW {LV) CY $12.00 50.00 $600.00 0.00 $0.00 22 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $0,01 64.00 $0.64 0.00 $0.00 23 221UiOl AGGREGATE BASE,CLASS 5 TON $11.52 1,000,00 $11,520.00 000 $0.00 24 2211.503 AGGREGATE BASE {CV),CLASS5 1'1 CY $31.14 2.730.00 $!l5.012.20 1,000.00 $31,140.00 25 2350.501 TYPE LV 3 WEARING COURSE MIXTURE {S} TON $51.00 1,1370.0 $57,987.00 0.00 $000 . 30110 No. MnDOT No. Item Description Unit 26 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (B) SY 27 TON 2350.504 TYPE LV3 WEARING COURSE MIXTURE (DRIVEWAYS) 2357502 BlTUMINOUS MATERIAL fOR TACK COAT SF 28 29 GAL 241"..607 WOOD STAIRS SF 241 j. 618 MODULAR BLOCK RETAINING WALL EA 30 32 2504.603 REPAlRlRRIGATION SYSTEM (RESIDEN,IAL) FA 31 2506522 ADJUST RING FRAME AND CASTING (SANITARY SEWER) 2521618 SPECIAL WALK 33 SF 34 2531.501 CONCRETE CURil & GUTTERDESIGN8&18 U' LF 2~i31.fl01 CONCRETE CURB & GUTTER DESIGN 8518 35 2531.507 5'CONCRETE DRIVEWAY PAVEMENT Sy 36 37 Sy 38 2531.507 7" CONCRETE DRIVEWAY PAVEMENT APRON LF 2531.603 7' CONCRETE VAlliY GUTTEP. 2535.501 BITUMINOUSCUR8 39 40 LF 2540.602 F & 1 TEMPOF1.ARY MAILBOX AND SUPPORT EA 'A 42 2540602 2540. 602 FURNISH AND INSTALL MAILBOX AND SUPPORT FA " 44 2563.601 4" 2564531 46 2564.602 47 2571.502 48 2573.501 49 2573.502 50 2573.602 51 2575.505 52 2575532 53 2575.603 lNSTMl..MAILBOX C"Cc>,N::'COOfTD.'''' , ~" L"~L\u'~' "~'L' TRAFFIC CONTROL LS F & I SIGN PANEL TYPE C SF INSTALL SIGN TYPE C (STREET SIGNS) EA OECIDUOUSTREE2.S"CALB&B TREE INLET PROTECTION ICATCH BASIN) EA EROSION CONTROL FENCE, TYPE HEAVY DUlY EA ROCK CONSTRUCTION ENTRANCE EA SODDING, TYPE LAWN WITH 4' TOPSOIL 5Y COMMERCIAL FERT ANALYSIS 22-5-10 (200 LBSJAC) LB CONSTRUCTION FENCE (ORANGE) LF Sc.hedule A - Roadway Subtotal 100.00 $233,830.00 UnitPric:e $48.00 $22.00 $2.40 $32.00 $2060 $800.00 $450.00 $12.40 $9.14 $8.93 $44.00 $4800 $29,00 $9.00 $10.00 $150.00 $100.00 $12.00 $4,000.00 $40.00 $140.00 $494_00 $20,00 $0.01 $50000 $3_40 $0.70 $300 40f 10 Contract Quantity 1,405.00 1,492.00 900,00 99,00 5.871.00 20.00 21.00 138.00 2,274.00 8,720.00 438.00 598,00 3600 113.00 300.00 9,250.00 6,30900 260,00 Contract Amount To Date Quantity To Date Amount $67,440.00 $32,824.00 $2,160.00 $3,168.00 $120,942.60 $16.00000 $9',450.00 $1,711.20 $20.784.36 $78,305.60 $19,272.00 $28.70400 $1.044.00 $1,017.00 &4.00 $540.00 19.00 $2,850.00 35.00 $3,500.00 100 $4,000.00 36.00 $1,44000 7.00 $980.00 1300 $6,422.00 40.00 $800.00 $92.50 4.00 S2,000.00 $21,450.60 $182.00 $300.00 $999,105.91 0.00 000 000 000 0.00 0.00 000 0.((1 000 000 0.00 000 000 0.00 40.00 0.00 000 0,50 000 000 0.00 0.00 3.000,00 000 000 000 0.00 $000 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0,00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $400.00 $0,00 $0.00 $0.00 $2,000.00 $0.00 1000 $0.00 $0.00 $30,00 $0.00 $0.00 $0.00 $0.00 . . . . 50f10 No. MnDOT No. Item Description 27 2501 602 TRASH GUARD FOR 29' ~ 18: ARCH PIPE APRON 28 2502.541 4INC" PERF. pve PIPE DRAIN 29 2503.541 t21NCH RC PIPE SEWER DESIGN 3006 Cl V 30 2503.541 15 INCH Re PIPE 5EWER DESIGN 3006 CL V 31 2503.541 16 INCH RC PIPE SEWER DESIGN 3006 CL V " 2503541 21 INCH RC PIPE SEVIER DESIGN 3006 CL IV 33 2503541 21 INCH He PIPE SEWER DESIGN 3006 CL V 34 2503.541 24 INCH He PIPE SEWER DESIGN 3006 Cllll 35 2503.541 29Xlil INCH RC ARCH PIPERSEWER DESIGN 300BCLlII (24'EQUIVALENT) 36 2503.541 tBINCH HDPE PIPE SEWER (IlIREGlIONAL BORED) 37 2503.541 30 INCH Re PIPE SEWER DEStGN 3006 Cllil 38 2503.602 CONNECT TO EXISTING STOfIM SEWER 39 2506.501 CaNST DRAINAGE STRUCTURE DES 46--4020 40 2506.501 CONST 0RAINAGE STRUCTURE DES 54-4020 41 ?506.50 I CONST DRAINAGE STRUCTURE DES 66--4020 42 2S06.501 CONST DRAINAGE STRUCTURE DES 84--4020 43 2506.501 CaNST DRAINAGE STRUCTURE DES 2X3 4A ?506516 caNST DRAINAGE STRUGlURE SPECIAL WOODEN SKiMMER 45 2506.516 CA$T1NGASSEMBlY <6 2511.501 RIVER RUN BOULDERS (AIPFlAPj 47 2571.501 CONIFEROUS TREE ff HT 81\8 '" 2~71.[j02 DECIDUOUS TREE 2.5" CAl8&B 49 2571.503 DECIDUOUS TREE -MULTISTEM 10' HT BS8 50 2571.505 DECIDUOUSSHRU8 #5 CaNT 51 2571.507 PERENNIAL. 4" PLUG 52 2571_508- DECIDUOUS TREE. MULTISTEM 10 GAl (RAINWATER GARDEN) 53 2571.509 OECIDUOUS SHRU8 #5 CONT (RAINWATER GARDEN) 54 2571510 DECIDUOUS SHRUB Kt CONT (RAINWATEAGARDEN) Unit FA LF LF LF LF LF LF LF LF LF LF EA LF L L FA EA TON TREE TREE TREE SHRUB PLANT TREE SHRUB SHRUB Unit Price $506.00 $350 $:'>4.00 $36.00 $40,50 543.40 $48.00 $49.00 $78.00 $154.00 563.00 $1,020.00 $250.00 $2!)4.C1O $442.00 $860.00 $20400 $3,600.00 $542.00 $156.00 $414.00 $494.00 $4&1.00 $58.00 $8.00 $135,00 55800 $14.80 60t 10 Contract Quantity 2,75000 2.009.00 269.00 67.00 333.00 560.00 25800 111.00 230,00 151.00 155.43 2284 61.49 46.00 110.00 20.00 21.00 2"1400 1,534.00 24.00 4A00 Contract Amount 300 $1,518,00 $9,625.00 $68,306.00 $9,684.00 $2,713-50 $14.452.20 $26,880.00 $12.642.00 $8,658.00 $::l5.420.00 $9,513.00 300 $3,06Q.00 $38,857.50 $6,714.96 15.69 $6,934.98 5.71 $4.91Q.60 $12,[;43.96 ?CiQ $720Q.OO $24.932.00 $17,160.00 $B,28000 $10,374.00 200 $92800 $15,882_00 $12,27200 400 $540.00 $1,392.00 S651.20 To Date Quantity To DOllie Amount 000 0.00 62400 215.00 3400 240.00 0.00 263.00 000 000 000 000 56.60 5.24 0.00 570 30.08 100 000 18.00 000 0.00 000 000 000 0.00 0.00 000 $000 $0.00 $21,216.00 $7,74000 $1,377.00 $10,41600 $000 $12,88700 $0.00 $0.00 $0.00 $000 $14,150.00 $1,54056 $000 $4,902.00 $6,136.32 $3,600.00 $0.00 $2,808.00 $0.00 $0.00 $0.00 so.oo $0.00 so.oo $0.00 $0.00 . . . Contract Contract To Date No. MnDOT No. Item Description Unit Unit Price Quantity Amount Quantity To Date Amount .2571.5.1 PERENNIAL #1 CONT. (RAINWATER GARDEN} PLANT $15,00 205.00 $3,075,00 0.00 $0.00 56 2571.512 PERENNIAL 4" PLUG (RAINWATER GARDEN) PLANT S7.00 776.00 $5,432.00 0.00 $0.00 57 2575.511 MULCH TYPE 6 (RAINWATER GARDEN) CY $43.00 44.00 $2,11200 0.00 $0.00 '" 2575.604 PlANTER EDGING LF $2.50 U25.00 $2,812.50 000 $0.00 !Jg 2573.501 MLECHE'GK EA $6.00 50,00 $300.00 10.00 $60.00 60 2573.505 FLOATING SilT CURTAIN LF $12.00 225_00 $2,700.00 000 $0.00 61 2575501 SEEOING(HYDROSEEDl ACRE $808.14 156 $1,260_70 0.00 $0.00 62 2575,505 SODDING, TYPE LAWN WITH 4'TOPSOIl SY $3,20 1,300.00 $4,160.00 000 $0,00 63 2575.532 COMMERCIAL rERT ANALYSIS 22-5-10 (200 LB$IAC) LB $0,70 332,00 $232..40 000 SODa 64 2575,608 SEED MIXTURE #325 (84lBSiAC) lB $7.[\0 9!100 $77220 0,00 $0.00 65 2575.608 SEW MIXTURE 1i33Cl IlULBSlAq lB 55.00 31.00 5155.00 0.00 $0.00 Schedule B - Storm Drainage Subtotal $499,786.41 $131,582.94 SCH EDULE C - W A TERMAIN 1 2021.501 MOBILIZATiON LS $128,000.00 0,11 $14,08000 0,06 $7,630.00 .2104.501 AEMOVEWATERMAlN IF $16.00 120.00 $1,920_00 96_00 $1,536.00 3 2104.509 REMOVE GATE VALVE &. BOX W-8') FA $520.00 1000 $5,200,00 5.00 $2,600.00 4 2104.509 REMOVfHYDRANT &. VALVE EA $'180.00 12.00 $9,36000 0.00 $0,00 5 2104.509 REMOVE CURB STOP .AND BOX EA $520.00 14.00 $7,28000 2m $1,040.00 6 2504603 S' ROPE WATERMAIN (DIRECTKlNAL BORED) IF $38,00 1,446.00 $54,948.00 850.00 $32,300.00 7 2504.602 CONNECT TO EXISTING WATERMAIN EA $1,560.00 5.00 57.800.00 3.00 $4,680.00 8 2504.602 ABANDON WATER SERVICE EA $520.00 14.00 S7,280.OO 500 $2,600.00 9 2504.602 F&IHYOfiANT AND GATE VALVE EA $3,520.00 12.00 $42,240.00 2.00 $7,04000 10 2504.602 6' GATE VALVE AND BOX EA $1,100.00 4,00 $4,400,00 200 $2,200.00 11 2504.602 6" GATE VALVE AND BOX EA $1,66000 8,00 $13,28000 3.00 $4,980.00 12 2504.602 5" WATER"'~IN DUCTILE 1Il0N CL 52 LF $37,40 200.00 $7,480.00 4300 $1,608.20 13 25C4602 8' WATERMAIN DUCTILE IRON Cl52 IF $41.20 300.00 $12,360.00 204.00 $8,40480 . '(01 to Contract Contract To Date No. MnDOT No. Item Description Unit Unit Price Quantity Amount Quantity To Date Amount 14 2504,602 flECONNECT WATER SERV,CE EA $575.00 14.00 $8,050.00 5.00 $2,67500 . '" 2504602 l' CURB STOP AND SOX EA $350.00 14.00 $4,900.00 2.00 $70000 16 2504.602 l' COFiPORATION STOP t:A $248.00 14.00 $3,472.00 5.00 $1.240,00 17 2504.603 l' TYPE K COPPER PIPE (DIREC110NAL aORED) LF $23,00 no,oo $17,710.00 58.00 $1,334.00 18 2504.603 HYDRANT EXTENSIONS LF $564.00 1200 S6,768.GO 000 $0,00 19 2504.603 GATE VALVE BOX EXTENSIONS IF $190.00 16,00 $3,040.00 000 $0,00 20 2504.604 2' POLYSTYRENE INSUl.ATlON SY $24.00 3600 $864.00 0.00 $O.DO 21 2504.608 WATERMAIN FiTTINGS LB $8.00 94800 $7,584.00 566.00 $4,528.00 Schedule C ~ Waermain Subtotal $240,016.00 $87,346.00 SCHEDULE 0 - SANITARY SEWER 2021.501 MOBILIZATION lS $30,000,00 006 $1,800.00 0.06 $1,800.00 IF $39.40 40,00 $1,576.00 000 $000 LF $26.80 2,02500 $54,270.00 1.750.00 $46.900.00 EA $6,014.00 2,00 $12,028.00 2.00 $12,028.00 Schedule D. Sanitary Sewer Subtotal $69,674.00 $60,728.00 . 2 2503G03 4"PVC SANITARYSERVICE 2 2503603 5" HOPE SANITARY FORCEMAIN (DIRECT!ONALBORED) 2,,04602 CONNECT TO EXISTING SMUT ARY SEWER MANHOLE AND FORCEMAIN ORIGINAL CONTRACT AMOl)NT StJBTQT..II..L$ Sl,BrnI,5B4.n t.5~~,~3(',_34 SCHEDULE E ~ CHANGE ORDER NO.1 CHANGE ORDER NO.1 - ROADWAY COMMON EXCAVATION Cy $12.34 (9;0.00) ($11,229.40) 000 $0.00 2 BULKHEA[) PIPE '^ $520.00 (2.00i {$1,040.00) 0,00 $0,00 Schedule E . Change Order No.1 Roadway Subtotal ($12,269.40) $0.00 . 80110 Contract Contract To Date No. MnDOT No. Item Description Unit Unit Price Quantity Amount Quantity To Date Amount . ORDER NO.1 - STORM ORAJNAGE COMMON CHANNEL EXCAVATION CY $14.58 578.00 $8,427.24 000 SO,OO 2 29'X13" RC PIPE APRON EA $1,460.00 {3.DO) ($4,380.00) 000 $000 , 29'X1S" TRASH GUAAD EA $506.00 (2.00) ($1,01200) 0.00 $000 4 12' RC PIPE LF $34.00 (200.00) ($6,eC<>-QO) 000 $000 29'X1S"RCARCHPIPE LF $78.00 (11 HXI) ($8,658.00) 0.00 $0.00 2 16" HOPE PIPE SEYlER LF $154.00 (230.00) ($35,420.00) 000 $000 3O'RGPIPE LF $63.00 128.00 $8,064.00 0.00 $0.00 4 48' DRAINAGE STRUCTURE LF $250.00 (lD.OQ} ($2,500.00) 0,00 $0.00 FLOATING SILT CURTAIN LF $12,00 {100.00} ($1,200.00) 0.00 $0.00 2 LIMESTONE ROCK WAll SF $2400 (81.00) ($1,944.00) 000 $0.00 Schedule E - Change Order No.1 Storm Dr.:Iinage Subtotal ($45,422.76) $0.00 CHANGE ORDER NO. t - WATERMAIN REMOVE GATE VALVE AND BOX EA $520.00 (3.00) ($1,560.00) 0.00 . REMOVE HYDRANT AND VALVE EA $780.00 (7.00) ($5,460.00) 0,00 3 F&I HYDRANT AND GATE VALVE EA $3,520.00 (7.00) ($24,540.00) 000 , o"GA,;: VALVE AND 60X EA $i,iOO.OO (3.00) ($l300,OO) 0.00 a" GATE VALVE ANO BOX EA $1,660.00 (2.00) lS3,320.(0) 0.00 2 6" WATEFlMAIN DIP CL 52 LF $3740 (150.00) {$5,6l0,OO) 000 3 a" WATERMAIN DIP CL 52 LF $41,20 (200.00) ($8,240.00) 000 4 HYDRANT EXTENSIONS LF $564.00 (6.00) ($3,38400} 0.00 GATE VALVE EXTENSIONS LF $190.00 (10,00) ($1,900.00) 0.00 2 WA'fERMAINFITTlNGS LB $8.00 (448.00) ($3,584.00) 0.00 $000 $0.00 $0,00 $0.00 sooo so.co SO.OO $0.00 $0.00 $0.00 Schedule E - Change Order No" 1 Walermaln Sub10tal ($60,998.00) $0.00 SCHEDULE F - CHANGE ORDER NO.2 - WATERMAIN TEMPORARY WATER SYSTEM LS $13.420.00 100 $13,420.00 0.00 so.oo Schedule F . Change Order No.2 - Watermaln Subtotal $13,420.00- . CHANGE ORDER SUBTOTALS ($105,27Q.t6) GRAND TOTAL $1,703,314.16 90110 $0,00 SO.DO $513,486.94 Application for Payment: Itemization Summary . Contract To Date Amount of Schedule Amount Work Completed A-ROADWAY $999,105.91 $233,830.00 B - STORM DRAINAGE $499,788.41 $131,582.94 C - WATERMAIN $240,016.00 $87,346.00 D - SANiTARY SEWER $69,674.00 $60,728,00 E - CHANGE ORDER NO.1 -$118,690.16 $0.00 F - CHANE ORDER NO.2 $13,420.00 $0.00 Grand Total: $1,703,314.16 $513,486,94 . . 10 of 10 . Prepared by: SPJ Dept.: Admin Council Mtg. Date: 812812006 Final Action Needed By: 812812006 ~ ~HlLLS City at Arden Hills Request for Council Action , Agenda Item g;oe. Motion to Amend Ordinance No. 365 Relatinq to the Protection of Shade Trees Budgeted Amount: Q Actual Amount: Q Funding Source: NA Council Action Request: Motion to Amend Ordinance No. 365 Relating to the Protection of Shade Trees Staff Recommendation: City Council Motion to Amend Ordinance No. 365 Relating to the Protection of Shade Trees Advisory Commission Action: Commission Date Action Planning PTRC Not Applicable Supporting Documents (which are attached to this Action Form): . [8J MemolLetter: Memo from Schawn Johnson, Assistant City Administrator dated August 23, 2006 o Resolution (No. ) [8J Ordinance (No.365) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Not applicable AdministratorlStaff Comments: . Page 1 of 1 . . . ~ ~ILLS MEMORANDUM DATE: Agenda Item 3.C. August 23, 2006 TO: Honorable Mayor and City Council Members Michelle Wolfe, City Administrator FROM: Schawn Jolmson, Assistant to the City Administrator SUBJECT: Proposed Revisions to Protection of Shade Trces Ordinance #365 -Rcvising Section 710 of the City Code Backexound At the August 29, 2005 City Council meeting, City Council adopted a new Shade Tree Ordinance for the City. Recently, City staff was reviewing the existing shade tree ordinance and noticed that Minnesota Statute 429.101 was not appropriately identified in the City ordinance. Therefore, City staff is proposing the following change to Ordinance 365 Subd 12. City staff is recommending that the following language changc bc made to Subd. 12 of the City's Shade Tree Ordinance: "If the owncr or occupant fails to pay the bill, as provided in Subd. 9, within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property as a special assessment under M.S. Ch. 429.1 01, as amended from time to time, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same havc been levied." Recommendation City staff is requesting City Council approval of the recommended change to the City'S Shade Tree Ordinance amending City Ordinance #365. Attachments: . Revised Shade Tree Ordinance 11-365 I\Mett.o-inet.usIArdenHills\AdminlAssistanl City AdminislratorlMemo's and Letters\2006\Shade Tree Ordinance Ammendement-Aug 2006.DOC t . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 365 AN ORDINANCE RELATING TO PROTECTION OF SHADE TREES The Arden Hills City Council ordains that Section 710.12 and its sub-divisions is hereby added to the Arden Hills Municipal Code, to read as follows; and Section 710.11 and its subdivisions arc hereby repealed. Section 710.12 Protection of Shade Trees Subd. 1 Declaration of Policy. The City Council has detemlined that the health of oak and elm trees, hereinafter sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases commonly known as "Oak Wilt Disease" and "Dutch Elm Disease" respectively, hereinaller sometimes collectively referred to as "shade tree diseases." It has furthcr determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the Council to control and prevent the spread of shadc tree diseases and other epidemic discases, by enacting this subsection for that purpose. Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereoe shall be punished by a fine, imprisonment or both, not to exceed thc maximums provided by state law for a misdemeanor. Each day following the - . - date on which the person was to have removed any diseased shade tree or wood as specified in written notice given pursuant to the provisions of this subsection, the person has allowed the trcc to rcmain on his or her property, or has allowed the parts or brush there from to remain on his or her property, shall constitute a separate violation. Subd. 3 Forester. The position of city forester is hereby continued and the powers and duties of the officer are hercby conferred upon the person as designatcd from time to time by the mayor with the concurrence of the Council. It shall be the duty of the forester to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree diseases. He or shc shall recommend to the Council the details of a program for the control and prevention of the diseases and pcrform thc duties incident to such a program as adopted by the Council. Inspections may be performed by a designated tree inspector(s). Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or intcrfcre with the forestcr or his or her tree inspector(s) or designee while they are engaged in the perfonnance of duties imposed by this subsection. . Subd.5. Epidemic Disease Program. It is the intention of the City Council to conduct a program . of pest control pursuant to the authority granted by Minnesota statues section 18G.16, as amended, directed at the control and elimination of Dutch elm disease, oak wilt disease, and elimination of other tree diseases and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Subd. 6 Nuisances Declared. A. The following are hereby declared to be puhlic nuisances whenever and wherever they may be found within the City: 1. Any elm tree or part thereof infected to any degree with the Dutch elm discase fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoff); Any dead elm trce or part thereof, including stems, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetIe insccticide; and Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any degree with the oakwiJt disease, Ceratocystis fagacearum. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poscs a thrcat of transmission of the oak wilt disease to other trees. Red oak species deemed by the City forester or designated tree inspector to be a potentially diseased spore producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removed red oak trce should be disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood length scctions, split if appropriate, stacked and covered in clear plastic with the edges scaled at the ground line to prevent vector entry or escape. Other shade trees with epidcmic diseases or epidemic insect infestations. Any tree considered in the opinion of the City Forester to pose eminent danger to life or propcrty or to adjoining properties. Trees of such condition will be determined hazardous as defined in Chapter 600.03 Subd. 9 ofthe City Code. 2. 3. 4. 5. 6. 7. Subd. 7 Nuisances Prohibited. It is unlawful for any person to pernlit the spread of a public nuisance as defined in this chapter across his or her property lines in any specified control areas as establishcd by the city. Such nuisances shall bc abatcd in a manner prescribed in this chapter. Subd. 8 Inspection by Certified Tree Inspector. A. The forcster shall engage one or more persons, each of whom shall have been issued a certificate from the Mimlcsota Department of Agriculturc pursuant to M.S. S I 8G.l26 Subdivision 10, as amended from time to time, certifying that he . . . . . or she is a qualified or ccrtified tree inspector, for the purposes of inspecting any public or private properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the State Departmcnt of Agriculture as a qualified tree inspector and acting as such on behalf of the City. B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable to detect and mark the location of all shade trees infected with shade tree diseases and report the results of the inspections to the forester immediately after each inspection has been conducted. The forester, or the trce inspcctor(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In addition to the foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all rcported incidcnts of infestation by Dutch elm fungus or elm bark beetles or any other manifestations of shade tree discases. c. A property owner or contractor who becomes aware of any trce infestation within the City shall notify the City Forester within seven (7) days. D. The City forester and tree inspector(s) shall have the right to enter upon all private premises within the City at any reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspcction, treatment, cutting, burning or removing of diseased shade trees. Subd. 9 Notices to Property Owners. A. After each inspection and investigation, whenever the forester or the tree inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors shade tree disease to such an extent that the same constitutes a tlu.eat of infestation of shade trees in proximity thereto, the tree inspector(s) shall mark the diseased shade trees or wood or both as the case may be in a visible manner and notify each owner of real estate within the City whereon the diseased shade trees or wood, or both as the case may be, arc located, which notice shall contain the inspection information ",,-jth respect to diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this subsection, the owner is required to remove the trees or wood, or both as the case may be, within (10) days for elm trees and (30) days for oak trees and other trees spccics from the date of the letter being sent to the property owner" The notices shall be sent hy certified mail with return receipt requested to the last known address of the owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient noticc. B. The notices to be sent under the provisions of this subdivision shall he sent to the occupant of premises upon \vhich the diseased shade trees or wood, or both as the case may be, are located, if those premiscs are occupied, and also to thc owner of the premises, if the owner has an address different from the subject premises and . the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the forester or the tree inspcctor(s) shall be sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subjeet premises are unoccupied, then mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed sufficient. C. The notice shall inform the property owner of his or her right to request the City's tree removal contractor or to remove the tree(s) on his/her own accord. The notice shall provide the estimated cost of this service, which shall be billed back to thc owncr. D. No person shall allow, pennit the spread of, or fail to abate a public nuisance as defined in this code. Such nuisances shall be abatcd in the manner prescribed in this code. Subd. 10 Removal of Diseased Shade Trees. A. An owner of real estate in the City who is notified of the existence on his or her property of shade trecs or wood therefrom, or both as thc case may be, harboring shade tree diseasc shall within the timc specified in the written notice cut down or have cut down each of the diseased trees, remove or have removed all parts, branches and brush there from, and transport or have transported all the parts, branches and brush from the diseased trees and any diseased wood from the premises to an authorized disposal or chipping site. With respect to thc transportation of wood from discased elms, it shall be unlawful for any person to transport within the City any bark-bearing elm wood. . B. The City Forester shall enforce the treatment of nuisance by requmng the performance of one or more of the following disease control methods listed in subsection C in order to destroy and prevent the spread of epidemic diseased of shade trees, including, but not limited to, Dutch clm disease or oak wilt disease. Such abatement may be designatcd by the Minnesota Commissioner of Agriculture or the University of Minnesota. C. The following abatement procedures are recommended by the City of Arden Hills: 1. Root graft barrier installation at least 60 inches in the soil to isolate the diseased trees; 2. Removal of trees; 3. Stump grinding; . . . . 4. Burning, chipping, debarking or properly covenng and scaling the potcntially hazardous wood and/or stumps. D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy trees, either by cUlling the root system with a 54-inch blade or longcr by using a vibratory cable plow, or by digging a trench to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such abatement procedures will be carried out in accordance with current technical and expert opinions and plans as designated by the State Commissioner of Agriculture. E. In addition the owner may poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees diseased with Dutch elm disease in such manner as may be approved by the forester. Subd. I I Abatement by City. In the event the owner fails or refuses to abate the nuisances as so requircd, then the forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thcreof, together with allY diseased wood of any diseased shade trees located on the premises, from thc premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall bc billed to the owner or occupant of the premises upon which the nuisances existed. Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as provided for in Subd. 9, within thirty (30) days of the date thercof, the Council may then assess the amount due, plus interest, against the property as a special assessmcnt under M.S. eh. 429.101 ('12~'.10). as amended from time to time, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been Icvied. On or before October I of each year, the city administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special asscssment against the property benefited by the abatement, and the assessment certified to the county as provided by law. Subd. 13 Request for Laboratory Testing. Any owner of real cstate in the City who receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease and must be removed within the time specified in the notice, may request the forester to obtain a laboratory test of one or more of the trces. The request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specified in the written notice from the City to the owner as provided herein, by written notice from the owncr to the forester sent by certified mail with return rcccipt requested. Upon receipt of the request, thc forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. Tfthe analyses confirm the original diagnosis that the shade trees arc infected or the wood thereof diseased, or both whichever the case may be, the requesting owncr shall pay all expenses and charges incUlTed for the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City . shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that thc trees or wood or both as the case may be, are diseased, notice thercof shall be sent the owner by the forester, and the owner shall remove the diseascd trees or wood or both as the case may be, within one weck after receipt of the notice. Subd. 14 Spraying or Treatment of Shade Trees. A. Whenever the forester determines that any shade tree or shade tree wood within the City is infectcd with shade tree disease, hc or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possible the spread of shade tree disease thereto. The forester may also causc thc diseased shade trces or wood to be sprayed or treated by chemical or mechanical means so as likewise to control thc possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall bc carried out in accordance with current technical and expert opinions and plans of the State Department of Agriculture and under the supervision of the Department whenever possible. B. As determined necessary by the City Forester, the City may utilize chemical means of treatment. If chemical treatments are deemed necessary, the cost for this service shall be borne by the City, The costs of the mechanical means of treatment shall be bornc by the owner or occupant of the premises, the shade trees upon which havc becn mechanically treated by the City. The owner or occupant of thc prcmises shall be billed the costs of the mechanical treatment, and in the cvent of nonpayment oflhe bill within thirty (30) days ofthc datc thereof, the Council may then assess the amount due, plus interest, in the manncr provided in Subd. 10. . C. The forestcr shall notify, in the mllimer provided in Subd. 9, each o\\mer or occupant of real estate within the City of the date after which shade trees on his or her property shall be mechanically treated, which date shall not be Icss than five (5) days from the date of mailing the notice. Subd 15. Transportation of Epidemic Diseased Wood. It is unlawful for llilY person to transport within the City any diseased wood that is detern1ined to be hazardous, as described in Subd. 6. Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or perform any other arboricultural practices as necessary on all public property including the street right-of- way to ensure public safety and to preserve or enhance the symmetry and beauty of such public grounds. Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the City Forcstcr, no person shall intentionally damage, cut, carve, transplant, remove any tree, attach any rope, wire, nails, advertising poster, or otber contrivllilce to any tree, allow any gaseous liquid or . . . . solid substance which is harmful to come in contact with any tree, or set fire or permit any fire to bum when the heat could injure any portion of any tree, or top a tree by severcly cutting back the tree canopy to a stub. Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be subject to a misdemeanor penalty as then by defined by Minnesota law. Additionally, the City may exercise any civil remedy available under Milmesota law for the enforce of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. Adoption Date. Passed by the City Council of the City of Arden Hills on the 29th day of August, 2005. Effective Datc. This ordinance shall become effective the day following its publication in the City's official newspaper. Publication Datc. Published on the 7th Day of September, 2005. . ~ ~HILLS City at Arden Hills Request for Council Action Prepared by: Jl Dept.: C. ev Council Mtg, Date: 8/28/2006 Final Action Needed By: 9/10/2006 Agenda ltem~0!1l PC #06-021: Minor Subdivision & Variance: Bruce & Kathv Halllund: 3300 & 3294 lake Johanna Blvd Budgeted Amount: $0.00 Actuai Amount: $0.00 Funding Source: n/a Council Action Request: Consider a motion to approve Planning Case 06-021 for a Minor Subdivision & Variance at 3300 & 3294 Lake Johanna Blvd based on the submitted plans, the findings of fact, and the five conditions in the planning case report. Staff Recommendation: Approve the variance & minor subdivision. Advisory Commission Action: Commission Planning PTRC Date Action Approved Not Applicable Not applicabie . Supporting Documents (which are attached to this Action Form): IZJ Memo/letter: Report to the City Council Draft Planning Commission Minutes Report to the Planning Commission with attachments o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~Rl2~~~J-IILLS MEMORANDUM DATE: August 15, 2006 CC Agenda Item 3.D TO: Mayor & City Council I ;J.JI James Lehnhoff, City Planner r PC #06-021 Bruce & Kathy Hagluud 1450 Skiles Lane Ardeu Hills, MN 55112 Minor Subdivision & Variance - 3300 & 3294 Lake Johanna Blvd. FROM: SUBJECT: Consent Agenda Since Planning Case 06-021 had a unanimous recommendation for approval from the Planning Commission, had no objections or concems from neighboring properties, and had a full public hcaring before the Planning Commission, this planning case has been placed on thc consent agenda. While having a planning case on the consent agenda has not been common practice in Arden Hills, non-controversial planning cases can be placed on the conscnt agenda. I fthere are any open issues or questions from the City Council, the planning casc can be removed from the consent agenda and considered scparately_ Background The applicant is requesting a minor subdivision and variance to adjust thc lot line between two existing lots at 3300 Lake Johanna Blvd (Parcel A) and 3294 Lakc Johanna Blvd (Parcel B). The lot line adjustment will decrease the shoreline width on Parcel A by twenty feet and subsequently increase the shorelinc width on Parcel B by twenty feet. Parcel B will also increase by 1071 square feet. No ncw buildable lots will be created with this proposed minor subdivision. The applicant has submitted a full explanation for the request (Attachmcnt 3A-l of the Planning Case Report). In sum, for a number of years, the owner of Parcel B has been maintaining a portion of Parcel A based on the belief that the land was actually part of Parcel B. However, when Parcel A was sold and a survey was conducted, it was found that Parcel B was smaller and had less shoreline than was previously believed. To resolvc the misunderstanding and since the dwelling on Parcel B overlooks the landscaped area on Parcel A, the applicants have come to an amicahle agreement to split a portion of the 1,':lvfefro-inet,lIs1,ardcllhil/sIP/anninglPfmming Cn5f's'.2006W6-021 IJa!;;iund Variance & Lot Splil (PENDING) 1,080806 - CC Report - Haglund Vairance & Lot Spfit.doc Page I of 4 land from Parcel A and consolidate it with Parcel B. In effect, the adjusted lot lines would reflect the orientation of the dwelling on Parcel B, the existing landscaping, and thc previously believed location of the lot line. . However, the proposed lot split reduces the shoreline width on Parcel A from 95 feet to 75 feet. The minimum shoreline width is 85 feet. The shoreline width on Parcel B would increase from 44.5 to 64.5 feet. Since the shoreline width does not eon form to the Shoreland Ordinance, a varianee is required to approve this suhdivision request. Ifthe minor subdivision and variance is approvcd, Parcel A would become a legal, non-conforming lot. Parcel B is already a legal, non- conforming lot due to inadequate shoreline width; howevcr, the non-conformity would be reduced with this application. The lots meet all other requirements of the Ordinance. Parcel A does not have a completed dwelling on it at this time. The previous dwelling was demolished prior to submitting this application and a new dwelling is under construction. The accessory structure on Parcel A is a legal, non-conforming structure. The structure on Parcel B would remain on the propcrty. Recommendation The Planning Commission reviewed Planning Case 06-021 and unanimously recommends approval of the Minor Subdivision & Variance based on the submitted plans and the following eight findings offact: Zoning Ordinance Findings: . 1. The proposal mccts or exceeds all of the requirements of the underlying R-2 Zone, including minimum lot size, lot width, and lot depth. 2. The proposal does not meet the required 85 foot shoreline width requirement for lots on Lake Johanna. Parcel A would have 75 feet of shoreline and Parcel B would have 64.5 feet of shoreline. A variance is required to approve this proposal. Subdivision Ordinance Findings: 3. With a variance for nonconforming shoreline width, the proposal meets all requirements of the City's Subdivision Ordinance. Variance Findings 4. It is not practical to apply the full 85 foot lot width requirement for Parcel A and Parcel B in this particular situation. Sincc both lots are pre-existing, it is not physically possible to provide both lots with at least 85 feet of shoreline. 5. The circumstances arc fairly unique. There was a misunderstanding on the location of the lot line for a number of years, which may have led to the unusual orientation of the home on Parcel B that overlooks the land on Parcel A that has been maintained by the owners of Parcel B. 6. The variance is within the spirit of the Ordinance. The two lots are limited in the amount of shoreline and it is not possible for both lots to have at least 85 feet of 'iIMetru-inCI.USlardenhillslJ>11IIlning1P!aIlJling Cases',2006106-02/ Haglund Variance & Lo! Split (Ptjy'IJING)W80806. CC Report -Haglund Vaimncc &. Lot Sp/iufo<: Page 2 of 4 . . . . shoreline. The variance would reduce the non-conformity of Parcel B. The reduction of shoreline on Parcel A would have no noticeable impact. 7. While there is reasonable use on the property, the request is reasonable and will have no impact on thc neighboring propelties, the lake, or the City. 8. The variancc proposal will not alter the essential character of the ncighborhood or have a detrimental impact on the public health, safety, or welfare and is in the spirit of the Zoning Ordinance and Shoreland Ordinancc. Since no new lots are being created, this proposal will not impact neighboring properties or the City. Recommended Conditions: The Planning Commission and Staffrecommend that the approval be subject to the following five conditions: 1. The applicant shall file thc minor subdivision with Ramsey County within sixty days of the approval date or the approval shall expire. 2. The project shall bc completed in accordance with the plans submitted as part of the preliminary plat and variance application. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 3. Any new construction on Parcel A or Parcel B shall conform to all requirements of the R-2 Zone and the Shoreland Ordinance. 4. The applicant shall obtain any required permits from the Rice Creek Watershed and supply the City with a copy beforc filing the lot split with Ramsey County. 5. The applicant shall comply with applicable provisions of the City Code and related ordinances. Resident Comment: Staffreceived one email from Kim Klawiter at 3262 Sandeen Road in support of the application. Options I. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, ",..it must state in writing the reasons for the denial at the time it dcnies the request" 4. Table for additional information. IIMerro.inel,llSlardenhitfsIPla/Jlling'Planning Cases'12006106-02J Haghmd Variance & Lot Split (Pl:NIJ/NG)',080806 CC Rr::porl - Haglund Vainmce & Lot Splif,doc Page 301'4 Deadline for A\2encv Actions The City of Arden Hills received the completed application for this request on July 10, 2006. . Pursuant to Minnesota State Statute, the City must act on this request by September 10,2006 (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. Attachments 3D-I 3D-2 Draft Planning Commission Minutcs Report to the Planning Commission - www.ci.arden-hills.mn.us. . II,Metro-illet.lIslnrrlcnhillsIPlanning',PfflltllilTg C(Jses'120fMI()6-021 Haglund Variance & I.ot Split (PENDDVGji080806 _ CC Report - Haglund Vnirance & Loi S'plit.doc Page 4 of 4 . . Attachment 3D-l Draft Planning Commission Minutes . . August 28th, 2006, City Council Meeting . . . DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2, 2006 2 A. PLANNING CASE #06-021: MINOR SUBDIVISION AND VARIANCE; BRUCE AND KATHY HAGLUND, 3300 AND 3294 LAKE JOHANNA BOULEVARD Mr. Lehnhoff stated the applicants were requesting a minor subdivision and variance to shift a portion of the Jot line between 3300 and 3294 Lake Johanna Boulevard to the north to increase the lot size and shoreline width of the 3294 Lake Johanna property. The varianec is requested because the shoreline width for the 3300 Lake Johanna Blvd. property would decrease from 95 feet to 75 feet, which is less than the minimum 85-foot shoreline width requirement. He reviewed his analysis and reS?mmended approval based on the following conditions: I. The applicant shall file the minor subdivisiollcwithR~!"llsey County within sixty days of the approval date or the approval ~han~xpire. The project shall be completed in accordance.with the plarI~ submitted as part of the preliminary plat and variance application. Any significariLchanges to these plans, as determined by the CityPlhnner, shall require review arId approval by the Planning Commission.>;i...i< Any ncw construction on Parcel A or Parc~IB shall conform to all requirements of the R -2 Zone and the ShorcIand Ordinarie-~... The applicant shall obtain any required perrriiisfrom the Rice Creek Watersbed and supply the City with a copy before filing thfW~;.split with Ramsey County. The applicant shall comply with applicable provisions of the City Code and related ordinances. 2. 3. 4. 5. He indicated staff that an>email dated July 21, 2006 was received from Kim Klawiter, 3262 Sandeen Road, who indicated he supported the granting ofthis variance. Commissioner Larson asked if the house on Lot B was encroaching. Mr. Lehnhoff rcsponded that home had received a variance a few years ago to encroach into the setback. Chair Sand opened the public hearing at 7: II p.m. Chair Sand invited anyone for or against the request to come forward and make comment. TI1ere were no public comments. Chair Sand closed the public hearing at 7:12 p.m. Commissioner Bezdieek moved, seconded by Commissioner Thompson, to recommend approval of Planning Case No. 06-02 I, Minor Subdivision and Variance, Bruce and Kathy Haglund, 3300 and 3294 Lake Johanna Boulevard subject to the five conditions as outlined in stair s July 10, 2006 report. The motion carried unanimously (7-0). DRAFT . Attachment 3D-2 Report to the Planning Commission Available online at: hUn:! !www_ci.ard.~I)=hills.mn.us . . August 28th, 2006, City Council Mccting . Prepared by: ~,J-- Dept.: . Dev Council Mtg. Date: 8/28/2006 Final Action Needed By: 9/17/2006 ~ ."^~HILLS . CIty otArden HIlls Request for Council Action Agenda ltem~i@E; PC #06-022: Site Plan Review; Greq Peterson: 1105 Amble Drive Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: n/a , Council Action Request: Consider a motion to approve Planning Case 06-022 for a Site Plan Review at 1105 Amble Drive based on the submitted plans, the findings of fact, and the seven conditions in the planning case report. Staff Recommendation: Approve the site plan review. Advisory Commission Action: Commission. Planning PTRC Date Action Approved Not Applicable _ Not applicable 8/2/2006 Supporting Documents (which are attached to this Action Form): . [gJ Memo/Letter: Report to the City Council Draft Planning Commission Minutes Report to the Planning Commission with attachments D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 , . . . ~ ~~HILLS MEMORANDUM DATE: August 15, 2006 CC Agenda Item 3.E TO: Mayor & City Council .' FROM: James Lehnhoff, City Planney 1 SUBJECT: PC #: 06-022 Greg Peterson 1105 Amble Drive Site Plan Review Consent Al!enda Because Planning Case 06-022 had a unanimous recommendation for approval from the Planning Commission and had no objections from neighboring properties this planning case has been placed on the consent agenda. Although a public hearing is not required for a site plan review, the Commission did open the floor to public discussion. As noted above, there were no objections. While having a planning case on the consent agenda has not been common practice in Arden Hills, non-controversial plamling cases can be placed on the consent agenda. If there are any open issues or questions from the City Council, the planning case can be removed from the consent agenda and considered separately. Backl!round The applicant's property, 1105 Amble Drive, is locatcd at thc northwestern corner of Amble Drive and Lexington Avenue. The front of the house faces south toward Amble Drive and the eastern side of the house is adjaccnt to Lexington Avenue. To increase privacy and decrease noise from Lexington Avenue, the applicant is proposing to construct a six foot high, 100 percent opaque fence along the eastern side of the property facing Lexington Avenue. According to the proposal, the fence would angle into the property at a 45 degree angle (toward the southwest) !wenty from the Amble Drive curb and would extend for approximately twenty feet facing Amble Drivc. When Lexing!on Avenue was reconstructed in 2005, a number of large trees that helpcd pro!cct the privacy of I] 05 Amble Drive were removed. The widening of Lexington Avenue and the addition of a turning lane brought the road closer to the subject property. The setback from the Lexington Avenue right-of-way was reduced from 42 feet to 30.5 feet due to !he road project. The applicant has drawn the approximate new ]otlines on the air photograph (Attachment 3B-I of the Planning Case Report). 'ilMetro-inet.us'lardenhillsIP[anning'If'!allning Cases',2006\06-022 PeWrsnn Fence Silt> Plan Review (PENDING)IOSOS06 CC Report - Pelen;oll Site Plan REviewdoc Page J of4 , Although the eastern side of the house lhat faces Lexington A venuc is the de facto side lot, the Zoning Ordinance requires corner lots to maintain front yard requircmcnts on both frontages . (Section 2.D.79). While six fool high fenccs are permitted along side and rear lot lines, Scction 6.E.4 of the Zoning Ordinance limits fences in the front yard to no more than threc fect in height and requires fences to be 30 percent open for light and air. Under unusual circumstances, the Zoning Ordinance has a provision to allow deviations from thc fence regulation lhrough the site plan review process. Section 6.E.4.n of the Zoning Ordinance states: Deviations from [the] requirements for fences, walls, and landscape screening may be pelmitted after Planning Commission review and Council approval of a site plan with documentation showing the unusual circumstances justifying the proposed deviation and plans for thc proposed fence, wall, or landscape screening. This provision is intended to allow flexibility in meeting the purpose and intent of this paragraph 4 without the nccessity of providing a hardship as is required in the variance procedure. The objective of this provision is to improve the livability, appearance and security of properties and thcir relationships to one another. In Junc 2006, the Planning Commission and City Council approved a similar request for a fence immediately across the strcet aliI 04 Amble Drive (PC 06-017). The proposed fence in this planning case will be similar in style to the fence approved in planning case 06-0 I 7. Discussion . Although the proposed fence may be meeting the hasic requirements for maintaining sightJines, the fence in this application would be closer to the intersection than the recently approved fence at 1104 Amble Drivc (PC# 06-017). In PC 06-017, the fence begins to angle into the property from Lexington Avenue approximately twenty feet from the front corner lot line or right-of-way. In this new planning case, the applicant is proposing to have the fence angle into the property from Lexington Avenue approximately twenty feet from the edge of the intersection. To maintain consistency with Planning Case 06-0 17 and to more adequately protect sightlines, Staff recommended to the Planning Commission that be plan be amended so that the fence is constructed no closer than twenty feet to the lot line corner that is near the intersection of Lexington Avenue and Amble Drive. The Plmming Commission included Staffs recommendation as a condition. Recommcndation The Planning Commission reviewed Planning Case 06-022 and unanimously rccommends approval of the Site Plan Rcvicw based on the submitted plans and thc eight J]ndings of fact. ','iA1etro-il1cl.lls'lardenhillsIPlanningIPlanning CasesU006i06-022 J>Nerson Fence SUe Firm Rcvie"v (PE.I>,'DING/.080806 CC Reporl- Peler.mn Site Plan REvinv.doc Page 2 of4 . . . e I. The proposed use will not affect parking conditions and is unlikely to affect traffic flow in the surrounding area. Ifthe fence is at least twenty feet from the right-of- way, there would be sufficient protection of sight lines. 2. The proposed use will nol produce any additional noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, or any otber nuisance characteristics. However, the fence is likely to reduce noise, glare, dust, and other nuisances for the subject property. 3. The proposed use will not affec! drainage. 4. The proposed use will not affect the population density of the neighborhood. 5. The proposed use is compatible with adjacent properties and other properties along Lexington Avenue. Many properties along Lexington A venue between Highway 96 and Amble Drive already have a privacy fence, including the properties north and south of the subject property. The fence on the subject property would be similar in style and height to the other fences along Lexington A venue. The other fences along Lexington Avenue are also 100 percent opaque. It is unlikely the fence would have any negative impact on neighboring properties or the City. 6. The park dedication fee does not apply. 7. If the City finds that there are unusual circumstances in this particular application, then the proposed use is in conformance with lhe requirements of the Zoning Ordinance. The Comprehensive Development Plan does not comment on fences. 8. The fence will likely increase the livability and security of the applicant's property without disrupting the adjacent propel1ies or travelers on Lexington A venue. Based on the facts ofthis case, it is determined that unusual circumstances do exist that may warrant the proposed deviations from thc fence regulations based on the following: a. High traffic levels on Lexington A venue create unusually high noise and reduce privacy compared to most other residential properties in the neighborhood and City. The proposed fence would increase privacy and help to reduce some noise; b. The front yard requirements apply to t\VO sides 0 f the lot, which significantly reduces the ability to reduce noise and increase privacy with a fence; and, c. The fences on the other residential properties along Lexington A venue are located in the rear yard where a six foot high fencc is permitted. Only one other property, which is located across the street at 1104 Amble Drive, is in comparable situalion to the applicant's property. A sile plan review for a fence in the front yard setback at 1104 Amble Drive was approved in June 2006. Recommended Conditions: The Planning Commission and Staff recommend that the approval be subject to the following seven conditions: 1. The fence plans shall be modified so that the fence is no closer than twenty feet to the lot line comer that is near the intersection of Lexington Avenue and Amble Dlive. Any I\Merro-inef.lIs\ardenhiiis\PlanningIPlallning Cases12006106-022 Peterson Fence Site Plan Review (Pf.NDjN6)'L080806 - CC Reporl - Pelerson ,Yiw Plan REview. doc Page 3 of4 significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall locate the ulilities near the proposed fence before the fence permit is . issued. The applicant shall comply with any setbacks set by the utility company, though the fence shall not be moved any closer to Lexington Avenue or Amble Drivc than the modified plans. 3. The fence shall not encroach on the public right-of-way. The applicant shall be responsible for locating the lot lines prior to the issuance of the fence permit. 4. Before the face of the fence is installed, the location of the posts shall be measured by the Cily Planner to confirm that the posts are in conformance with the fence plans as modified by condition I. The applicant shall be responsible for contacting tbe City Planner prior to the installation of the face of the fence. 5. The applicant shall keep the fence maintained and promptly repaired if any damage occurs to the fence, including graffiti. 6. The applicant shall maintain the vegetation on both sides of the fence. 7. The fence shall not infringe on the lines of sight for Lexington Avenue and Amble Drive. The fence pernlit shall be subject to approval by Ramsey County to ensure that the lines of sight are protected. If upon inspection the fence is found to impede sightlines, the fence shall be moved farther from the inlersection. Resident Comment: No comments have been received. Options . I. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "... il must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al!ency Actions The City of Arden llills received the completed application for this request on July 17,2006. Pursuant to Minnesota State Statue, the City mUSI act on this request by September 17, 2006 (60 days), unless the city provides the petitioner with written 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. Attachments 3E- I Draft Planning Commission Minutes 3E-2 Report to the Planning Commission - www.ci.arden-hills.ml1..)l~. \\Mpll0-inel.lIs'i(/Y(lenhillsIPinnning'.['lallning CasesI20061.06-022 Peterson Fence Site Plan Rr>viPH' (PENDJNG)',080806 CC Report - Pelerson Sire Plall RF.vicwdoc Page 4 of 4 . . Attachment 3E-l Draft Planning Commission Minutes . . August 28th, 2006, City Council Meeting f DRAFT - ARDEN HILLS PLANNING COMMISSION- AUGUST 2, 2006 3 . B. 3. 4. . 5. 6. 7. . PLANNING CASE 06-022: PLANNING CASE 06-022, SITE PLAN REVIEW, GREG PETERSON, 1105 AMBLE DRIVE Mr. Lehnhoff stated the applicant was requesting a site plan review to construct a six-foot high fence in the front yard setback area along Lexington A venue and near the northwestern corner of Lexington Avenue and Amble Drive. He reviewcd his analysis and recommended approval of the Site Plan Review for the six foot high fence in the front yard subject to the following conditions: I. The fence plans shall be modified so that the fence is noeloscr than twenly feet to the lot line corner that is near the intersection of Lexington Avenue and Amble Drive. Any significant changes to these plans, as determined by. the City Planner, shall require review and approval by the PlanningC()mmission. 2. The applicant shall locate the utilities near:thc proposed fence before the fence pernlit is issued. The applicant shall comply with any setlJacks set by the utility company, though the fence shall not be moved any closer to Lexington Avenue or Amble Drive than the modified plans. The fence shall not encroach on the public right-of-way. The applicant shall be responsible fi)f locating the lot-Jines prior to the issuance of the fence pennit. Before the face of the fence isinstalIed, the location of the posts shall be measured by the City Planner to confirm that the posts are in confonnance with the fence plans as modified by condition I. The applicant shall be responsible for contacting the City Planner prior to theinstallation of the face of the fence. The applicant shall k~ the fence maintained and promptly repaired if any damage occurs to the fence, indlJding graffiti. "Ibe applicant shall maigtain the vegetation on both sides of the fence. The fence shall not infiingcgn the lines of sight for Lexington A venue and Amble DIive.The fence pefl11ifsharr.be subjecl to approval by Ramsey County to ensure that the lineSiOf sight.<u'9prolected. If upon inspection the fence is found to impede sightlines, the fence shall be moved farther from the intersection. Commissioner McChmg moved, seconded by Commissioner Zimmennan, to approve Planning Case No. 06-022, Greg Peterson, I 105 Amble Drive, subject to the seven conditions as noted in staffs July 17,2006 report. The motion carried unanimously (7-0). OR~f1 . Attachment 3E-2 Report to the Planning Commission Available online at: hllp,:! / \\n,,,,,,~ci.ardcn- hilIs.mn .us . . August 28'h, 2006, City Council Meeting . Prepared by: KG ~ / Dept.: Engineering Council Mtg. Date: 8/28/06 Final Action Needed Bye ~ ~HILLS City oL\.J..len Hills Ueqnest for COlUleil Action Agenda ltem3f Motion to amend the budqet for the 3153 Shoreline Lane driveway replacement Budgeted Amount: $0.00 Actual Amount: $16,000 FundingSource: General Fund Council Action Request: Motion to amend the budget in the amount of $16,000 to pay for the replacement of the driveway al 3153 Shoreline Lane. Staff Recommendation: Approval of the budget amendment in the amount of $16,000 to pay for the replacement of the driveway at 3153 Shoreline Lane. Advisory Commission Action: Commission Date Action Planning PTRC Not Applicable Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): D Memo/Leiter: D Resolution (No. D Ordinance (No. [gJ Engineering Recommendation: At the July 31. 2006 Council meeting, Council approved a motion to replace the driveway and garage apron with a new concrete driveway. Staff has received a cost estimate from the contractor and is recommending the budget be formally amended to include this cost. D Attorney Recommendation: D Other: Financial Implications: The estimated cost to repiace the driveway at 3153 Shoreline Lane is $16,000. This amount was not factored into the original 2006 budget. Administrator/Staff Comments: . Page 1 of 1 . . ~ ~HILLS City of AMI en Hills Rct)uest for Council Action Prepared by: KG DepL Engine ring Council Mtg. Date: 8/28/06 Final Action Needed By: Agenda Item ~.~. Motion to amend the budqet for 1&1 mitiqation Budgeled Amount: $0.00 Actual Amount: $25.000 Funding Source: Sanitary Sewer Fund Council Action Request: Motion to amend the budgel in the amount of $25,000 for materials needed for Inflow and Infiltration mitigation. Staff Recommendation: Approval of the budget amendment in the amount of $25,000 from the Sanitary Sewer Fund for materials needed for Inflow and Infiltration mitigation. Advisory Commission Action: Commission Date Action Planning PTRC Not Applicable Not Applicable Nol applicable Supporting Documents (which are attached to this Action Form): D Memo/Letter: D Resolution (No. ) D Ordinance (No. ) [gJ Engineering Recommendation: Staff has been informing Councii of the 1&1 problem and the Met Council's surcharge program. O&M crews have begun a manhole inventory to determine necessary repairs in an effort to reduce 1&1 in the City. Staff has estimated that the cost for materials needed for repairs to approximately the northern third of the Cily is approximately $15,000. Stafl is requesting a budget amendment in the amount of $25,000 to allow for materials in other areas of the City as well. While these expenses have been discussed and added to the working CIP document, Council has not formally approved a budget amendment. Staff is requesting such action at this time. D Attorney Recommendation: D Other: Financial Implications: Expenditures for i&i mitigation were not factored into the original 2006 budget. The funding source for the proposed budgel amendmenl is the Sanitary Sewer Fund. . Administrator/Staff Comments: Page 1 of 1 . Prepared by: KG /'fJ/J- Dept.: Engineering Council Mtg. Date: 8/28/06 Final Action Needed By: ~ ~JiILLS City of Arden Hills Request for COlUlCil Action I Agenda Item Ijl 2006 PMP-Ridqewood Neiqhborhood- Assessment Hearinq Budgeted Amount: Actual Amount: Funding Source: Council Action Request: Motion to hoid public hearing for the 2006 PMP- Ridgewood Neighborhood Special Assessments. Staff Recommendation: Hold public hearing for the 2006 PMP- Ridgewood Neighborhood Special Assessments. Advisory Commission Action: Commission Date Action Not Applicable Not Applicable Nol applicable Planning PTRC Supporting Documents (which are attached to this Action Form): . [gJ Memo/Letter: See attached memorandum D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: D Olher: Financial Implications: Administrator/Staff Comments: If questions or concerns are received at the hearing, staff recornmends that final adoption of the assessment rolls be continued to the September 11, 2006 City Council meeting to allow staff time to research questions and objections raised at the initial hearing. If Council receives no comments regarding the assessments, staff recommends approvai of a resoiution adopting and confirming assessments for the 2006 PMP improvements. . Page 1 of 1 . . . ~ ~ DEN HILLS MEMORANDUM DATE: August 24, 2006 AGENDA ITEM 6.A TO: Mayor and City Council Michelle Wolfe, City Administrator Kristine Giga, Civil Engineer ~ FROM: SUBJECT: 2006 PMP Improvements- Ridgewood Nelghborbood- Assessment Hearing BACKGROUND On July 31,2006, the City Council set August 28, 2006 as the date to hold public hearings for the purpose of establishing special assessments for the 2006 PMP Improvements in the Ridgewood Neighborhood. At this assessment hearing, staff will have specific information available regarding the assessments for the project. Information wjll include a description of the project, project financing, and a discussion of typical assessments for properties benefiting from the improvements. Staff will summarize the City assessment policy and how it has been applied to the project. If questions come up regarding specific assessmenlS or if amendments to the assessment rolls are necessary, hearings can be continued before final adoption. Council may want to continue the consideration of the assessment roll to the September 11, 2006 meeting. This continuance would allow staff time to investigate and make recommendations regarding any objections and questions raised at the August 28, 2006 hearing. FINANCIAL IMPLICATIONS The project is proposed to be assessed consistent with the City's assessment policy, which states that 50% ofthe costs for roadway improvements will be assessed, with the remaining portion financed by various City funds. Financing for the project is consistent with past City policy and \\.\1etro-inet,lIs\ardenhills\PR&PW\Engirleering\2006\Council Actions\K-24-06 Memo 2006 PMP Assessment Hearing.doc 2006 PMP 8/24/2006 Page 2 . practice. Attached for Council review is a summary of construction costs and proposed assessment roll. The preliminary assessment roll presented in lhe feasibility report for this project listed 62 properties with frontage abutting the streets to be reconstructed. Several other properties were listed for discussion as to whether lhey should be included in lhe assessment roll. Based on staff review and council discussion at past work sessions, these properties were not included in the proposed assessment roll. The proposed assessment roll under consideration contains the 62 properties originally listcd in the feasibility report. The assessment policy states thai the assessment shall be based on the total estimated construction cost, plus associated overhead costs. The policy also states that the City Council shall retain lhe right to review each project on its own merit and to deviate from any portion of the Assessment Policy Manual as it deems proper. Since we are already into the construction process, we have contractor's bid prices. At the July 31,2006 Council meeting, Council approved a motion to use contractor's bid prices for calculating the proposed assessments. Each parcel is proposed to be assessed $9,831.87. A total of$609,575.76 would be received in assessments, while $1,491,538.41 would be funded by the City. Schedule: The following is a proposed schedule for 2006 assessments: . August 28 Council conducts the assessment hearing with the option to continue final adoption until September 11, 2006, if necessary September 11 Council adopts assessment roll Sept. 12 to Oct. II Assessment pre-payment period at Arden Hills City Hall (30 days) Oct. 12 to Oct. 30 Tally of final assessment roll October 3 I Certification of final assessment roll to Ramsey Counly RECOMMENDED COUNCIL ACTION If questions or concerns are received at the hearing, staff recommends that final adoption of the assessment rolls be continued to the September 11,2006 City Council mccting 10 allow staff time to research questions and objections raised at the initial hearing. 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Dev Council Mtg. Date: 8/28/2006 Final Action Needed By: 9/14/2006 Agenda Ilem ~Tl~ PC #06-024: PUD Amendment & Site Plan Review; Boston Scientific: 4100 Hamline Ave N Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: nla Council Action Request: Consider a motion to approve Planning Case 06-024 for a PUD Amendment & Site Plan Review at 4100 Hamline Ave N based on the submitted pians and the thirteen conditions in the planning case report. Staff Recommendation: Approve the PUD Amendment and Site Plan Review. Advisory Commission Action: Commission Planning PTRC Date Action Approved Not Applicabl" Not applicable Supporting Documents (which are attached to this Action Form): . [gJ Memo/Letter: Report to the City Council Draft Planning Commission Minutes Report to the Planning Commission with attachments D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 p . . . ~ ~~HILLS MEMORANDUM DATE: August 16,2006 CC Agenda Item 7.A TO: Mayor & City Council FROM: James Lehnhoff, City Planner SUBJECT: PC # 06-024 Boston Scientific (formerly Guidant) 4100 N Hamline Avenue Master Planned Unit Development (PUD) 7''' Amendment and Site Plan Review Addition to Building N Back21"Ound The applicant is requesting a Master Plan PUD (7'") Amendment and Site Plan Review (0 construct a 10,225 square foot addition to Building N, which is located in the northwestern portion ofthc Boston Scientific campus. The building was purchased just before the Master Plan was approved in 2002, and the Master Plan does not reflect the proposed addition in this application, which is the reason for the PUD Amendment. According to the applicant, the addition will be used to integrate a new product component into an existing manufacturing process and approximately ten employees would be added to Building N with this addition. The applicant has submitted a landscaping plan. No parking stalls would be removed or added with this proposal; however, the applicant has indicated that there is sufficient parking space on the campus and a proof of parking has been submitted. The proposal in this application would be the second addition to Building N. A 38,000 square foot addition was approved in 2003. The Plalming Case report reviews all of the additions and amendments to the Master Plan and to the campus since 2002. Recommendation The Planning Commission reviewed Planning Case 06-024 and unanimously recommends approval of the Planned Unit Development Amendmcnt and Site Plan Review based on the submitted plans and a finding that the proposal will not have negative impact on the neighborhood or City if the following thirteen conditions are includcd: \IMetro-inef_lIslardenhills'Planning'Pjonning Cascs\2006106-024 Bostoll S.ciemific PUD Amendment & Sire Plnn ReviCl\! (PENDING)\080806- CC Heporl - 8osIon Sciemific p(jiJ Amendment & Site Plan RevielF.doc Page 1 of3 I. The applicant shall continue to abide by the conditions of approval as stated in the approved Master Plan POO except as amended by the six subsequent amendments. 2. A PUD Amendment form, drafted by the City Attorney, shall amend the POO and encompass all seven amcndments to the Master Plan PUD. A building permit may only be issued after the POO Amendment document receives the approval ofthe Cily Council and is executed by both the City Council and the applicant. 3. The project shall be completed in accordance with the plans submitted as part of the master plan amendment and site plan review application. Any significant changes to these plans, as determined by the City Planner, shall require revicw and approval by the Planning Commission. 4. The master plan amendment and site plan review 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. 5. The applicant shall obtain allY necessary permits from Rice Creek Watershed, the Pollution Control Agency, and any other necessary permits before a building permit is issued. The City shall be copied with all required permits. 6. Any changes to the grading, erosion, or drainage plans shall be submilted to the City Engineer for approval. 7. The applicant shall comply with the conditions recommended by the City Engineer in the July 24, 2006, memo to the City Planner. Updated site plans shall be submilted for approval by the City Engineer and Fire Marshal before any building permits are issued. 8. If noise from the building cxceeds MPCA noise regulations for residential areas at the property line, the applicant shall reduce noise by any means necessary to be in compliance with MPCA regulations. If any complaints regarding noise are made to the City, the applicant shall be responsible for providing decibel measurements from the property line. 9. A traffic study shall be conducted and submitted to the Cily for review to determine if road improvements are needed prior to the submission of any application(s) that would cause the total new square footage to exceed 419,500 square feet since the Master Plan was approved in 2002. 10. The landscaping plan shall be modified so that at least 30 percent of the trees are in the 3.5" to 4" caliper range and 20 percent of the trees are in the 4.5" 10 5" caliper range. The number of trees in the 2" to 3" caliper range shall not be more than 50 percent of the trees in the landscaping plan. The modified plan shall be submitted prior to the issuance of any building permits and is subjecl to approval by the City Planner. 11. The mechanical equipment shall be fully screened from all adjacent properties and the public right-of-way. 12. The applicant shall provide four handicap access parking spaces per the Americans with Disabilities Act requirements. 13. The applicant shall provide an "as built" survey upon completion of the project that includes all required changes. '1IMetro-inCf.us\wdcnhillsiPlanningIPfannil1g ("oses',2006106-024 Basran ScieJltific PUD Amendment & Site Plan Review (PENDING)1080806- CC Report - BOSIOIl Sciem(lic P{J[) Amendment & Site Plnn Review.doc Page 2 on . . . . Resident Comment: . No comments have been received. . . Options I. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, ".. .it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for A!!encv Actions Thc City of Arden Hills received the completed application for this request on July 14, 2006 Pursuant to Minnesota State Statue, the City must act on this request by September 14, 2006 (60 days), unless the city provides the petitioner with written reasons Jor and additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 7A-l 7A-2 Draft Plamling Commission Minutes Report to the Planning Commission - hnWwviw.ci.arden-hills.mn.us \'IMerro-inct.lls\ardenhillsIPlaIlJlingIPlanning Cases',]()06W6-024 BOSlon Sciel1lific PCi'D Amendment & ,Yite Plall Review (PE1VD1NG)W80806- CC Report. Bos/oll Scientific PUD Amendment & Site Pian Review.doc Page 3 on . Attachment 7 A-I Draft Planning Commission Minutes . . August 28th, 2006, City Council Meeting DRAFT - ARDEN HILLS PLANNING COMMISSION ~ AUGUST 2, 2006 4 . C. PLANNING CASE 06-024: PLANNED UNIT DEVELOPMENT AMENDMENT AND SITE PLAN REVIEW, BOSTON SCIENTIFIC. 4100 HAMUN:EAVENUE NORTH Mr. Lehnhoff stated the applicant is proposing to construct a 10,225 square foot addition to the west side of Building N. He reviewed his analysis and recommended approval of the Planned Unit Development Master Plan (7th) Amendment and Site Plan Review based on the submitted plans and findings offact and subject to the following conditions: 2Di' . I. The applicant shall continue to abide by the conditiol1~?6f approval as stated in the approved Master Plan PUD except as amended by the$ix.~bsequent amendments. 2. A PUD Amendment form, drafted by the City 1.tt~fn~Y:;~~~1 amend the PUD and encompass all seven amendments to the Master Phm PU[):',;A..building permit may only be issued after the PUD Amendment dqcument receives t. provaI of the City Council and is exeeutcd by both the CityCollncil and the applicml 3. The project shall be completed in accqrdapcc with the plans submit . part of the master plan amendment and site plan revie""llpplication. Any signifig t changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 4. Thc mastcr plan amendmenland sitc plan review shall automatically expire and become void one (I) year fromaiJd:~f~~[ the date on which the Council granted such approval if work on the project has not.b()g-Iln.within that time period. 5. The applicant shall obtain any flecess<lfY'ljeIJ.i)itsr~()m Rice Creek Watershed, the Minnesota Pollution Control Ageflfycx(MPCA);.and any other necessary permits before a building permit is issued. Tf!~ City shall:be copied with all required permits. 6. Any changes to the grading, erosion,'or drainage plans shall be submitted to the City Engineer for approval. 7. The applicant shall comply with conditi6ris recommended by the City Engineer in the July 24, 2005, memo 10 the CifyJ>]anner. Updated site plans shall be submitted for approval by the City EI)gineer and Fire Marshal before any building permits are issued. 8". If noise from thi"huilding exceeds MPCA noise regulations for residential areas at the property line, the applicant shall reduce noise by any means necessary to be in compliance with MPCA regulations. If any complaints regarding noise are madc to the City, the applicant shall be responsible for providing decibel measurements from the property line. 9. A traffic stlIdyshall be conducted and submitted to the City for review to determine if road improvements are needed prior to the submission of any application(s) that would cause the total new square footage to exceed 419,500 square feet since the Master Plan was approved in 2002. 10. The landscaping plan shall be modified so that at least 30 percent of the trees are in the 3.5" to 4" caliper range and 20 percent of the trees are in lhe 4.5" to 5" caliper range. The number of trees in the 2" to 3" caliper range shall not be more than 50 percent of thc trees in the landscaping plan. The modified plan shall be submitted prior to the issuance of any building permits and is subject to approval by the City Planner. . ORAfl DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2,2006 5 II. The mechanical equipment shall be fully screened from all adjacent properties and the . public right-of-way. 12. The applicant shall provide four handicap access parking spaces per the Americans with Disabilities Act requirements. 13. The applicant shall provide an "as built" survey upon completion of the project that includes all required changes. Chair Sand asked how many mature trees would be lost. repetilive from Boston Scientific should be able to fully Mr. Lehnhoff indicated the question. Chair Sand opened the public healing at 7:27 p.m. forward and make Chair Sand invited anyone for or against the comment. Todd Vandeberg, 1266 Wynridgc Drive, stated. he was not opposed to but he had a concern with the existing noise. He notedl1is. house to the air conditioning and exhaust vents and they could hear the constant hum with their windows closed. He asked if they could ask the applicant to move the air conditioning units somewhere else, or to build some type of a soundban-ierlsound wall. Mark Anton, 1263 Wynridge Drive,statedI1ehad the same. concerns as Mr. Vandeberg. He believed the applicant has always beenTesp~gt,fi!I.Or community concerns, but he . believed this equipment was put in the worst area.<'!cIe' stated even with their windows closed, they could hear the noise. He stated he was not opposed to the addition, but was opposed to the existing noise. Judd Brasch, representative of Boston Scientific, stated there was a cooling unit and when it was originally installed it did produce more noise than expected and they had attempted to sUPJlTess the noise. He noted the proposed addition on the west side had two heights and it was.thcir intent 10 put the new mechanical equipment on the new roof of lhe lower building so it would be screened from the residential area by the higher building. He indicated they were also considering moving the nnit on the north and put it on the same lower roof of the addition. He believed this would aid in increasing the distance between the neighborhood and the mechanical equipment. He noted, however, this had not been resolved yet and it would depend on the capacity needed. He stated the northwesl side of the addition would require lhe removal of a couple of trees, but he was not sure how many trees would need to come down. Chair Sand asked if they would be willing to look at the noise issues of the existing air conditioning units. Mr. Brasch responded they would look at this and attempt to resolve the concerns. He stated they could look at additional steps to take. Councilmembcr Larson noted condition 8 indicated if they exceeded the MPCA noise level, appliCallt would be required to reduce the noise. He asked if they agreed to do that. Mr. Brasch responded they would. . DRAFT . . . . DRAFT - ARDEN HILLS PLANNING COMMISSION ~ AUGUST 2, ;W06 Chair Sand closed the public hearing at 7:35 p.m. Commissioner Thompson stated even with condition S, it would be that if it met the requirements of MPCA that they would not need to make any adjustment so she recommended a revised condition S. She believed as applicant continued to grow it was important for the residents to be acceptable of the noise. Commissioner McClung asked when the last time a reading \l~tbsnoise levels had been done and what were they. Dan Riehle facilities manager fo. 'bstorl'Scientific, responded he could not tell them what the last readings were, b~. Iieved the readings were taken in April, 2006 and he could get the informationtg!.The -- Commissioner McClung stated he was supportiye'of,the additiol"l.;f!l-filJ he had a concern regarding the noise issues and how it was affecting the neighborhood~",%> -'>,. ~-<;';'''- Commissioner Bezdicek asked what their sched,ule \-\;'as'[or noise levelf,;testing. Dan Riehle responded they did not have a regular testing schedule, but they had attempted to reduce the noise as much as possible, Judd Brasch noted the noise wasineonsislent throughdill;.the year depending on the season. Commissioner LarsonlXlpved, seconded byCommissio1i& Bezdicek, to approve Planning Case No. 06-024, Plartnedjynit Development Amendment and Site Plan Review, Boston Scientific, 4100Hamlinci\venue N, subject to the thirteen conditions as noted in staffs July I I, 2006, report. Commissioner McClung encduragedBdston Scientific to continue to work with the residents. The motion carried urtanimou'sl:V(7-0). OR~f"\ . Attachment 7 A - 2 Report to the Planning Commission Available online at: htlp:!! www.ci.ardcn-hills.mn .l\~ . . August 28'\ 2006, City Council Meeling . Prepared by: J Dept.: m. Dev Council Mtg. Date: 8/28/2006 Final Action Needed By: 9/25/2006 ~ "^~HILLS City 01 Arden Hills Re uest for Council Action Agenda Item?,tEil PC #06-023: PUD & Preliminary Plat: Roval Oaks Realty Inc: 1440-1450 West Hiqhwav 96 Budgeted Amount: $0.00 Aclual Amount: $0.00 Funding Source: n/a Council Action Request: Consider a motion to approve Planning Case 06-023 for a Master & Final Planned Unil Development and Preliminary Plat for Royal Oaks Realty at 1440-1450 West Highway 96 subject to the submitted plans and the recommended conditions. Staff Recommendation: Approve the Master & Final PUD and Preliminary Plat. Advisory Commission Action: Commission _ _n.m_ __.__ Pianning PTRC Date 8/2/2006 Action Approved Not Applicable Not applicable Supporting Documents (which are attached to this Action Form): . [gJ Memo/Letter: Report to the City Councii Draft Planning Commission Minutes Report to the Planning Commission with attachments D Resolution (No. ) . D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: AdministratorlStaff Comments: . Page 1 of 1 . . . ~ ~~J-IILLS MEMORANDUM DATE: August 16,2006 CC Agenda Item 7.B TO: Mayor & City Council FROM: James Lehnhoff, City PlannerY SUBJECT; PC #06-023; Royal Oaks Realty, Inc. 1440-1450 W. Highway 96 Master and Final Plan PUD and Preliminary Plat for the Old City Hall IPublie Works site "Arden Hills Office Park" Baekl!round The applicant, Royal Oaks Realty, proposes to construct 62,432 square feet of office space on the former 6.83 acre City Hall and Public Works garage property. The total footprint of the of1ice would be 41,024 square feet. The ol1ice space is proposed to be divided into 23 for-sale condos in seven separate buildings, though individual condos may be combined to form a single unit. The property is proposed to utilize the existing driveway approach from Ramsey County Highway 96 and to construct a new driveway across an existing access casement to Hamline Avenue. The applicant proposes to share the access road offofHamline with the daycare that is located at the intersection of Highway 96 and Hamlinc Avenue. The revised application for less office space, fewer parking spaces, and more landscaped area was submitted in July 2006. The attached Planning Case report reviews the proposal in detail (Attachment 7B-3). Additional information from the Plamling Commission is provided in the "Discussion" area below this section. Documents submitted at or after the Planning Commission meeting are included in Attachment 7B-l. Tn June and July of 2005, the City reviewed a proposal from Royal Oaks Realty for a 76,000 square foot office condominium development that would be divided into 30 office condos in seven separate buildings. In that proposal, the property was proposed to utilize the existing driveway approach from Highway 96 and construct an access across an existing access easement to I-lamline Avenue. At the July 2005 Planning Commission meeting, the Commission voted 6-1 10 recommend approval of the proposal subject to a number of conditions related to landscaping, drainage, access, and layout.. The City Council reviewed the application in July 2005. A motion was made to approve thc PUD, which resulted in a vote of 3-2. Since a PUD approval requires a 4/5'5 majority, the PUD was not approved. \\Mclro-inet.w;iardcnhillsIPlanning1Planning Cases'.2006W6-023 Royal Oaks PUD & Preliminary Pft1/ (PENDll\/G)I08()906 - CC Report Royal Oaks PUD & Preliminary Plat.doc Page 1 of6 Discussion While there was a significant amount of discussion at the Planning Commission meeting, the two . ongoing themes were the type of inlersection for the Hamline A venue access and sigJlage. Hamline Avenue access The existing Hamline Avenue access for lhe daycare is a full access intersection. Two options were offered at the Planning Commission meeting to regulate the Hamline Avenue access for the proposed development, which will also affect the daycare access. The two options were: 1. The Hamline Avenue access shall pcrnlit right-in and right-out access as well as left turns into the access road from northbound traffic on HamIinc Avenue, OR 2. The Hamline Avenue access shall be a right-in and right-out access only. No IeJ! lllrns shall be permitted. Ramsey County Public Works has reviewed lhe proposal and their memo is attached in 7B-l to this report. The portion of the letter referring to the Hamlinc Avenue access is as follows: 3. The proposed access on I-Iamline Avenue will be located at the existing access to the daycare with the daycare driveway connected into this new entrance road. Left turns exiting onto Hamline Avenue in the p.rn. peak hour will be problematic. Northbound Hamline Avenue traffic frequently backs up past this entrance. This will result in delay for vehicles exiting the site onto Hamline A venue. The City may wish to resl1ict turns out of the development at the Hamline Avenue entrance. This will require drivers wishing to travel west on Highway 96 to turn right out of the Highway 96 access and make a V-turn at Hamline Avenue. This should not be a problem on a protected left turn . phase. The right turn in, right turn out and left turn in at the I-Iamlinc Avenue access point are not anticipated to be a problem. The Planning Commission voted 4-3 to amend Condition 22 to state that the Hamline Avenue access should be a right-in and righi-out only access. The County prefers that the Hamline Avenue access remain and is prepared to support a right-in and right-out turns and is open to pennitting, limiting, or prohibiting left turns. It should be noted that the there is currently left turn access into and out of the existing daycare. Changing the access on Hamline will impact the daycarc. Sign age The conditions in the Planning Case report reflect the proposal from the applicant, which was meant to be a starting point for the signage discussion. The Commission did nol pass an amendment to change the applicant's sign plan. The sign plan is discussed in detail in the Planning Case report. iIMetro-inet.uslardenhiffs',PlallllingIPlollning CmD.~200(j\()6-023 Roya! Oaks pun & Preliminary Piat (Pl-:ND1NG)W80906 _ CC Reporr Royal Oaks PUD & Preliminm)' Plat. doc Page 20[6 . . . . Recommendation The Planning Commission reviewed Planning Case 06-023 and recommends approval (6-1) of the Planned Unit Development Amendment and Site Plan Review based on the submitted plans and the following thirty-two conditions: I. Final Plat. The applicant shall submit an application for a Final Plat within six (6) months following City Council approval of the PUD and Preliminary Plat. 2. pun Permit. A Planned Unit Development Permit shall be drafted by lhe City Attorney and be subject to approval by the City Council prior to the issuance of a Building Permit. 3. Revised Plans. The applicant shall submit revised plans (hat are in conformance with the plan review comments from the City Engineer Fire Marshal, the Building Official prior to approving the Final Plat, and any other applicable conditions. 4. Timeline. The applicant's timeline for development shall be as follows: a. Phase 1: Fall 2006 - The developer may begin grading, installing utilities, and constmction of stornl water improvements. b. Phase 2: Fall/Winter 2006 - The developer may begin constmction on units 1 - 9. c. Phase 2: 2008: Project completed. EXlensions beyond December 31, 2008, shall require an application and be subject to City Council review and approval. At the time of application f()r extensions, the City Council may include such conditions of approval as they detennine necessary for compliance wilh City Code. S. Bvlaws. The bylaws, covenants, deed restrictions, or any similar documents shall include all of the restrictions included in the approved Planned Unit Development. These documents shall be subject to review by the City Attorney and shall be submitted prior to filing the Final Plat. G. Occupancv. No more than one business shall be pennitted to occupy anyone office condominium within the development. 7. Uses. Retail, restaurant, fast-food, and residential uses shall not be permitted to occupy any of the units in the proposed development. Retail uses may be permitted if they are incidental or accessory to the primary use. 8. Outside Storal!e. Outside storage shall not be permitted under any circumstances. 9. Landscapinl! Plan Revisions. The applicant shall submit a revised landscape plan for review and approval by the City Planner prior to the issuance of building permits that conforms to the following: a. Additional coniferous trees shall be provided along the west buffer yard of the development to increase screening for the lrail and residential properties. b. At least 30 percent of the trees shall be in the 3.5" to 4" caliper range and 20 percent of the trees are in the 4.5" to 5" caliper range. The number of trees in the 2" to 3" caliper range shall not be more than 50 perccnl of the trees in the landscaping plan. c. The Northwood Red Maple and the Honey Locusl to the southeast of unit #16 shall be supplemented with coniferous trees and/or other vegetation to reduce headlight glare from southbound traffic. d. The office condominium associalion shall be responsible for maintaining the landscaping indefinitely. Diseased or dead landscaping shall be replaced within 'iIMctro-inet.us\ardenhillsIPlannillf;\Pfnnning Casesi2006W6.023 Royal Oaks PUD & Preliminary Plnr (PEND1/v'G) \080906 _ CC Repon _ Ro)'o[ Oaks P(jD & Preliminary P/nt.noc Page 3 of6 six months. Significant changes to the landscaping plan, as determined by the City Planner, shall require Phl.lming Commission approval. e, The landscaping shall be irrigated. f. The applicant shall be responsible for replacing any damage to the landscaping on neighboring properties, 10, Landscapinl! in the Rie:ht-of-wav. The applicant shall be responsible for maintaining the landscaping in the Highway 96 right-of-way. The City shall be provided with a copy ofthe letter of permission for the landscaping in the Highway 96 right-of-way. lfthe applicant is unable to obtain permission from Ramsey County to landscape a portion of the Highway 96 right-of-way, the applicant shall submit a revised landscaping plan that meets the Cily's landscape plan requirement within the boundaries of the property. 11, Landscapinl! Bond. The applicant shall submit a performance bond or other surety acceptable to the City Attorney for all landscaping or screening in the amount of 125 percent of the cost of the materials and installation, The bond shall be provided prior to the issuance of any building permits. 12, Screeninl!. If the landscaping does not provide at least 60 percent coverage as viewed from neighboring residential properties, as determined by the City Planner, the City may require additional landscaping. 13, Dust and Noise. The applicant shall make reasonable efforts to reduce dust and noise during construction. 14. Construction Activities, The applicant shall comply with Section 630.01 of the City Code limiting construction limes to between 7:00 am and 9:00 pm on weekdays and 8:00 am and 9:00 pm on weekends and holidays. However, the City shall reserve the right to further limit times in which construction may occur if a compliant is received and the complaint is verified 10 be a nuisance by the City. 15. Dumpster Enclosures. The dumpster enclosures shall use Hardie Plank siding that matches the siding of the office buildings in place of the proposed stucco. 16. Tree Prescrvation. The applicant and their contractors shall work with the City Planner and City Forester to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. 17. Mechanical Screeninl!. All mechanical operating equipment shall be screened to meet Cily regulations. Mechanical equipment shall not be visible from the neighboring residential areas or the daycarc. 18. Fenclul!. Decorative fencing shall be erected around the pond at the northeast corner of the property to increase pedestrian safety. The fence shall require a permit and shall not exceed six feet in height. 19. Park Dedication. The applicant shall pay a park dedication fee of $40,000.00 prior to filing the Final Plat with Ramsey County. 20. Ricc Creek Watershed. The applicant shall obtain all necessary permits from the Rice Creek Watershed District and Ramsey County prior to filing the Final Plat. 21. Hie:hwav 96 Access. The Highway 96 access shall be right-in and right-out only. The applicant shall be responsible for the signing and striping to provide a right turn lane on eastbound Highway 96 to the development's driveway. 22. Hamlinc Avenue Access. a. The lIamline Avenue access shall be a right-in and right-out access only. No left turns shall be permitted. iIMetro-i!lCI.usiardenhills'Planning'Planning Cases 12006106-023 Roya! Oaks PUD & Preliminm)' Pf(j( (PENDING)W8090n CC Repor' _ RoyaL Oaks PUD & Preliminmy PIal. doc Page 4 0[6 . . . . . . b. To facilitate movement in and out of the development, a minimum 30-foot radius shall be built on the northwest and southwest corner of the Hamline A venue intersection. Revised entrance plans shall be submitted to the City Engineer and Ramsey County Engineer for approval prior to approving the Final Plat. The applicant shall be responsible for placing all necessary traffic signage. 23. Davcare Access. The applicant shall provide lhe daycare with a no-cost access easement to allow vehicles to access the day care fTom the office park's access on Highway 96. 24. Stop Sil!ns. A stop sign shall be placed at the southbound exit to the access casement from the daycare per the recommendation of the 2005 traffic study. A stop sign shall also be placed at the eastbound exit to the access easement before the daycare exit/entrance to the access easement per the recommendation of the 2005 traffic sludy. 25. Signs. The following shall apply to all signage in the development: a. Each unit shall be permitted one 2'xI0' sign on the Ifont of the building centered above the entrance to lhe unit provided that these signs are uniform in color and are not illuminatcd. b. If any units are combined for use by one occupant, the combined units shall be considered one unit in terms of sign age and shall be pernlitted one 2'xI0'sign centered between the combined units provided that the sign is in confornlance with the other primary signs in the development as permitted in condition 20.a. c. Units I, 9, 10, and 18 may be pennitted one sign facing Highway 96 provided each sign does not exceed twenty square feet, the signs are in a uniform location on the end units, arc uniform in color with other signs in the development, used by only one occupant, and is not illuminated. d. lfunits 19-23 are combined into one unit, the combined units may have one shared sign on the rear of the building provided that the sign is no greater than 60 square feet, is centered on the building, is only used by the single occupant of the combined units, and is not illuminated. e. Each individual unit or combined units shall be pennitted up to one square foot of signage for address and business name adjacent to the door. The address and business name shall be uniform throughout the development in size, placement, and color. These signs may be illuminated. f. Each sign shall require a separate pennit. g. Off-premise advertising shall not be pennitted under any circumstances. 26. Drainal!e & Utility Easement. The applicant shall provide a 12 foot drainage and utility easement along the exterior lot lines and the right-of-way. 27. Lil!htinl! Plan. The applicant shall amend the lighting to be in full compliance with lhe City's lighting regulations prior to approving the Final Plat. 28. Sidewalks. The applicant shall submit revised site plans that include sidewalk connections to each building, where feasible, within the development and to the City and County trail systems. The plan shall be submitted to the City Planner and City Engineer for review and approval prior to the issuance of building pernlits. 29. Trail. The trail along the western edge of the property shall be conveyed to the City in a manner that is acceptable to the City Attorney. 30. Easement Vacation. The twenty foot wide pedestrian easement near the center of the properly shall be vacated prior to filing the Final Plat. 31. SprinkIinl!. All of the units shall be sprinkled for fire suppression. l\Melro-inef.!/slmdenhills'IPlanningIPlannifTg Case.~\20()6W6-023 Royal Oaks PUD & PrclimilTw)' Plat (PFNDING;1080906 _ CC Report ROJal Oaks !'(/f) & PreUminmy Pial. doc Page 5 0[6 32. Sand cushion. A one-foot sand cushion shall be added under any sidewalk provided in the development. . The following changes were made at the Planning Commission meeting: . Condition 5 was modified to be more specific about including the restrictions in the conditions in the bylaws for the office condo association. . Condition 22.a was modified to pennit right-in and right-out turns only. . Condition 32 was added. Resident Comment: Supplemental letters not included in the report to the Planning Commission meeting are included in Attachment 7B-I, which include: I. Mcmorandum from Dan Soler from Ramsey County Department of Public Works 2. Letter from Eric Nordcen, Fire Marshal for Lake Johanna Fire Departmenl 3. LeUer submitted from Arden Hills North Homes Association 4. Letter submitted at the August 2nd, 2006, Planning Commission meeting with recommended amendments to the conditions. The letter does not state who is making the recommendations. Options I. Approve the proposal as submitted. 2. Approvc the proposal with conditions. . 3. Deny the application with reasons for denial. If the City denies the petitioners request, ".. .it must stale in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on July 25, 2006 Pursuant to Minnesota State Statue, the City must act on this request by September 25,2006 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 7B-l Additional Documents 7B-2 Draft Planning Commission Minutes ZIl-3 Report to the Planning Commission - http://www.ci.arden-hills.mn.us PAlelro-inet.lIslardenhills'iPlrmningiPlal1!Jing CmesI2006106-()23 Royal Oaks PUD & Preliminary Plm (PENiJ/NG) \080906 - CC Reporl- Royal Oaks PUD & PreliminflFJ: Plat. doc Page 6 of6 . . Attachment 7 B-1 Additional Documents Submitted at the Planning Commission Meeting . . August 28th, 2006, City Council Meeting - TO: FROM: Department of Public Works Kennet.h G Haider, P.E., Director and County Engineer ?fH16 ~! ;;. 1425 Paul Kirkwold Ome Arden fllils, MN ,,5112<l93:J - (651) 266.'ilOIl- Fax (651) 26671111 E-mail: PlIhlic.Works@co.ramscy.rnn.u.s MEMORANDUM .lames Lehnhoff City of Arden Hills Dan Sorc;:l:2f',,- Ramsey Ctunty Public Works SUBJECT: Arden Hills OffIce Park DATE: July 27, 2006 The Ramsey County Public Works Department has reviewed the revIsed site plan for the Arden Hills OffIce Park. The County previously provided comments to the Cay regarding the development of this property on May 2 and May 20, 2005. Ramsey County has the followiug comments rcgardmg this development. . I. The p,'eviously proposed development for this site included 76,000 square feet of office condonuniums. The new proposal IS for 62,000 square feet of off,ce condommiull1s. The County expects the anticipated trIp generation for this site to be proportionately less than the 868 trips per day eS!lmated in the previous proposal. 2. Aeccss to the site from the rIght in/right out driveway on Highway 96 Will operate adequately. The County will require the developer to sign and mark the right turn lane from westbound HIghway 96 into the site. 3. The proposed access on Hamhne Avenue will be located at the existi'lg access to the daycare with the daycare driveway connected into this new entrance road. Lcflturns exiting onto Hamline Avenue iu the p.m. peak hour will be problematic. Northbound Hamline Avenue traffic frequently hacks up past thiS entrance. This will result in delay for vehicles exiting the site onto Hamline Avenue. The City may wish to restrict left tUIllS out of the development at the Hamline A venue entrance. This will require drivers WIshing to travel west on Highway 96 to tUIll right out of the Highway 96 access and make a {J,tum atl-IamJine A venue. This should not be a problem on a protected !ell tum phase. The light turn In, right turn out and left turn in at the Hamlme A venue access point are not anticipatcd to be a problem. . Minnesota's First Home Rule Count.}' pr;nle..i {In r~qded p~per "'itl> a ffiJfl;m"m (i 10\ post ,;Qosome, (unteM . 4. The County will require adequate radius poinL~ on the Hamline Avenue access to allow right turns into and out of the driveway. The radii should be 25 to 30 feel. 5. The developer will be required to obtain a permit from Ramsey County for work within the right of way. This includes both access points and utility connections. Thanks for the opportunity to make conunents regarding this Issue. If you have any questions Or need any additional information please give me a call at 266~ 7114. Cc: Joe Murphy . . . . . LAKE JOHANNA FIRE DEPARTMENT 5545 LEXINGTON AVENUE NORTH. SHOREVIEW, MN 55126 OFFICE (651) 481-7024. FAX (651) 486-8826 July 2 1,2006 James Lehnhoff. City Planner 1245 H,,'Y. 96 Arden lIills. Ivm 55] 12 Site Plan Revie" Arden Hills Office Park III"y. 96 & Hamline Ave. Arden IIi lIs. MN 551 12 ,. Hydrants need to be wilhin 150 feet off-D.C. );.> F.D.C."s need to be located in a visible~ conspicuous location. Location \vilI be consistent on each building preferably the center unit, front side of cach building. r No Parking Fire Lanes will be needed 10 feet both sides from center of hydrants. Will be field assigned. ,.. No parking signs needed on one side of entrance road from Hamlinc, curve north of building 18, and access road north of building 9 & 10. r Only one lire depal1ment key box needed per building. To be placed near F.D.C. Sincerely. ~c.-v~ Eric Nordeen fire Marshal Lake Johanna Fire Department cc: Tim Boehlke. Fire Chief Dave ScherbcI, Building Official SERVING. ARDEN HILLS' NORTH OAKS. SHOREVIEW . SINCE 1943 CITY OF ARDEN HILLS PLi\NNfNG CASE OQ.,2LPEQPQSAL BY ROY A~ OAKS_ REALTY TO DEVELOP THE FORMER CITY HALL AND PUBLIC WORKS PROP~RTY INTO AN OFFICE P ARKCONT ATNING 62,432 QUAR-I.O fEET OF OFFICE SPACE. . STATEMENT BY THE BOARD Of DIRECTORS OF ARDEN HILLS NORTH HOMES ASSOCIATION Members of Arden Hills N0I1h Homes Association are the owners and with one or two exceptions residents of the 140 townhomes located immediately adjacent to and south of the property proposed for development, with addresses of 134] - ]481 Arden View Drive. Its governing body is a nine-member elected Board of Directors. The following statements represent the views of that Board. As pointed out in the past, we are not now and never have been opposed to development of the subject property as a townhouse-type office park per se. Our opposition to lhe predecessor proposal finally dcnied by the City Council on July 18,2005 concerned primarily matters of density, usage, setbacks, parking, access, and landscapc space. Some but not all of those concerns were alleviated during the July 18,2005 Councilmeeling and others have been alleviated in the proposal now presented as planning case 06-23. However, a maior concern now is that all of the conditions added to the previous proposal by the staff orthe Planning Commission via RGo;.(jljjtion 05-45 as presented (or as amended bv the CounciJ) be retained wherever applicable to the rc_vised development proposal, n(jtwithstandingdcJeat of Resolution 05-45 bv a 3-2 maioritv in favor, Accordingly, our analysis at this time will deal with Conditions 3- 6, 9, and 17 that were included in Resolution 05-45, now replaced If! the Slaff reconllnendatlons on Planning Case 06-23 by Conditions 6, 7,22,24 and 25__ . Occupancy and (Jsc. Conditions 6 and 7 deal with occupancy and use of each of the 23 units now proposed. Not more than one business shall be permitted 10 occupy anyone office condominium unit within the development, nor shall retail, rcstaurant, fast-lilod or residential uses be permilled, except retail use if incidental or accessory to the primary ol1ice use. We previously advocated such restrictions and continue to do so, including their jl.~lriev<cment through deed restrictions, covenants, or bvlaw rcquircll1<:l1ts. IIamIine Avenue Access. Resolution 05-45 defeated last year (by a Council vote or 3-2 in favor) included no Hamlinc A venue access, this having been deleted by an amendment adopted 4-1 earlier in the meeting. This is still what we would prefer. However, ifHamline Avenue access is to be provided, we support the Staff recommended Conditions 24 and 26 in their entirety, including right-in andright-out acces$onlv with no left turns, with minimum 30-tilOt radii on the northwest and southwest corners, and with appropriate signs placed prior to the road to the office development being opened up. . . . . Sil!na2e. The wording on this subject presented to the Council last year allowed for one freestanding monument sign at the Highway 96 entrance, with each unit 10 have fifteen (15) square feet of signage including a I square foot address and name plaque adjacent to the main entry for lhe unit. End units corresponding to units I, 9, 10 and 18 in the curren I proposed development could have a total of thirty (30) square feet of signage but no more lhan fifteen (15) square fcet to lhe north (facing Highway (6) and no more than fifteen (15) square feet at the front of the units. However, after several council members expressed dissatisfaction with this, the wording about individual units was amended unanimously to state "that the signage docs not exceed 2 x 2 and this [to] corne back to thc Council ft,r final approval." There was no mention in the resolution as amended of any variance fi)r the units now numbered], 9, ] 0 and 18, nor any discussion whatsoever by the Council of a large sign facing llighway 96 on the north wall of units 19-23.1\1r. Ebensteiner is quoted in the Council minutes as stating he decided to go along wilh 2 x 2 signs outside the doors. In view of all this, we strongly urge that apparent Council intent to allow each unit only 4 square feet of signage be retained in place of the 20 square feet stated in the first two bullet-point paragraphs of the Staff recommended Condition 25, and that the third and fourth bullet-point paragraphs regarding additional signage for units I, 9, 10, and] 8 and for units 19-23 be struck out. We support the intent of the final three bullet-point paragraphs in recommended Condition 25. In summary, we respectfillly request that if you approve lhe requested Master and final PUD and Preliminary Plat proposal including Hamline Avenue access, you do so only after adopting the Staff recommended Conditions 6 and 7 on occupancy and use, Conditions 24 and 26 on acccss with Right-in and Right-out only, and Condition 25 on signagc amended as we have advocated above. Respectfully submitted, Board of Directors Ardcn Hills North Homes Association President July 27, 2006 Proposed Changes to Planning Case 06-023 Royal Oaks Realty August 2, 2006 . 9. Land~ing Plan Revisions Current: · Additional coniferous trees shall be provided along the west buffer yard of the development to increase screening for the trail and residential properties. Change above condition to: · Additional coniferous trees (at least 8 trees) shall be provided along the west buffer yard of the development to increase screening for the trail and residential . properties. Additional coniferous trees shall be added to the south border (at least 10 trees) and east border (at least 5 trees) to increase screeningfor the townhouses and day care. Current: · The applicant shall be responsible for replacing any damage to the landscaping on neighboring properties. Change above condition to: · The applicant shall be responsible for replacing any damage to the landscaping on neighboring properties. Replaced trees will be either 6 foot minimum coniferous trees or 3 inch caliper deciduous trees, depending on the . I . type of tree damaged. This guarantee will be for five years after the initiation of the development. Damage to landscaping and trees will be completed within six months after damage. 12. Screening Curren t: · If the landscaping does not provide at least 60 percent coverage as viewed from neighboring residential properties, as determined by the City Planner, the City may require additional landscaping. Change above condition to: . · If the landscaping does not provide at least 60 percent coverage as viewed from neighboring residential nrA....ert;ec ,>c rlph"~I'nf'd hv thp r;h, Dlann"'.. the r;h, 'p..LVp ..L . '8, u.-.~ "..J.'~.....L.....iiil~_u,-,-, ~..1 _11'-' ,---,.u.-J .1. ~ 11.11\..'.1., t.H '_.ilL) will require additional landscaping. The time periods and frequency of these determinations shall be one month after landscaping is completed for each phase of the development. 16. Tree Preservation . Current: . The applicant and their contractors shall work with the City Planner and City Forester to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. 2 Change above condition to: . The applicant and their contractors shall work with . the City Planner and City Forester to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. If any of the 10 existing trees that are proposed to be preserved are unable to be preserved, then the equivalent caliper inches of appropriate trees will be planted-to attain the total caliper inch requirement of 275.5. 22. Hamline Avenue Access Change conditions to: . Hamline Avenue access will not be allowed. 32. Parking Spaces Add condition 32 and the following: . Reduce number of parking spaces from 250 to 200. . . . 3 . Attachment 7 B-2 Draft Planning Commission Minutes . . August 28'\ 2006, City Council Meeting DRAFT c ARDEN HILLS PLANNING COMMISSION ~ AUGUST2, 2006 7 PLANNING CASE 06-023: MASTER PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT . D. Mr. Lehnhoff stated the applicant was requesting that the Planning Commission consider a Master and Final Planned Unit Development (PUD) and Preliminary Plat proposal to redevelop the former City Hall and Public Works property into 62,432 square feet. The office space would separate into 23 units in seven different buildings. He reviewed the previous plan and background information. Staff recommended approval of the Master and Final Planned Unit Development and Preliminary PI~I':s\lpject to resolving the Hamline A venue access question and subject to the followingcondftions: . ]. Final Plat. The applicant shall submit an applicalionfor aJiil1~I Plat within six (6) months following City Council approval ofthePUD a11d PreIiwil1ary Plat. 2. PUD Permit. A Planned Unit Development Permit shall b'e:!q,rafted by the City Attorney and be subject to approval by the City Council prior t6/Ql.~. issuance of a Building Permit.;:. ';.:./ 3. Revised Plans. The applicant shall submitrevised plans. that are in cOl}formance with the plan review comments from the City Engineer Fire Marshal, the Building Official prior to approving the Final Plat, and any other applicable conditions. 4. Timeline. The appEcant's tiJ11\ilinc for developmeritshall be as follows: . Phase I: Fall 2006 - The developer may begiJigrading, installing utiEties, and construction of storm water improvements. . .. . Phase 2: FallIWinter 2006--. The developer may begin construction on units] - 9.;.) . Phasel: 2bQ8:IT~roject completed. Extensions beyond De~~bcr 31, 2008, shall require an application and be subject to City Council review a!1~'.approva!. At the time of application for extensions, the City Council may includ.cs!tl;)jon.f9Tlsljtions of approval as they determine necessary for compliance with Cit)' Code. < 5. Bylaws. The bylaws;.;~9venants, deed restrictions, or any other similar documents shall be subject to reviewpX..!he City Attorney and shall be submitted prior to filing the Final Plat. . . 6. Occupancy. No mpre than one business shall be permitted to occupy anyone office condominium within the development. 7. Uses. Retail, restaurant, fast-food, and residential uses shall not be pennitted to occupy any of the units in the proposed development. Retail uses may be permitted if they are incidental or accessory to the primary use. 8. Outside Storage. Outside storage shall not bc permitled under any circumstances. 9. Landscaping Plan Revisions. The applicant shall submit a revised landscape plan for review and approval by the City Planner prior to the issuance of building permits that conforms 10 the following: . Additional coniferous trees shall be provided along the west buffer yard of the development to increase screening for the trail and residential properties. . At least 30 percent of the trees shall be in the 3.5" to 4" caliper range and 20 percent of lhe trees are in the 4.5" to 5" caliper range. 11le number of trees in . DRAfT DRAFT - ARDEN HILLS PLANNING COMMISSION ~ AUGUST 2, 2006 the 2" to 3" caliper range shall not be more than 50 percent of thc trees in the landscaping plan. . The Northwood Red Maple and the Honey Locust to the southeast of unit #16 shall be supplemented with coniferous trees and/or other vegetation to reduce headlight glare from southbound traffic. . The office condominium association shall be responsible for maintaining the landscaping indefinitely. Diseased or dead landscaping shall be replaced within six monlhs. Significant changes to the landscaping plan, as determined by the City Planner, shall require Planning Commi~si(}n approval. . The landscaping shall be irrigated. · The applicant shall be responsible for replacing aI1ydamage to the landscaping on neighboring properties. 10. Landscaping in the Right-of~way. The applic';!!1-tshall be rcspdnsiiJle for maintaining the landscaping in the Highway 96 right-of7~~Y.The City shalIbe;-provided with a copy of the letter of permission for the laJ1dscaping in the Highway9~.rjght70f-way. If the applicant is unable 10 obtain permiss~op from Rilmsey County t64'ilJ1d'Scape a portion of the Highway 96 right-of-way, tlleapplic(lIltshall submit a r~Vised landscaping plan that meets the City's landscap~pIan requirement within the boundarics of the property. ' I I . Landscaping Bond. The applicant shall submit a performance bond or other surety acceptable to the City Attorney foralLlandscaping or screening in the amount of 125 percent of the cost ofthe materials and installation. The bond shall be provided prior to the issuance of any building permits. 12. Screening. Iftl)ejandscaping does not provide atleast 60 percent coverage as viewed from neighboring residential properties, as delermined by the City Plalmer, the City may requjyeadditional landscaping. 13. Dust and Noise. TIle applicant shall make reasonable efforts to reduce dust and noise during construction.. "<. " I4..c:9I1Stl"i!(;lipn Activities. The app1icarit shall comply with Section 630.01 of the City ..Code limitjngconstruction times to between 7:00 am and 9:00 pm on weekdays and 8:00 am and 9:QO pm on weekends and holidays. However, the City shall reserve the right to further limit timesiri which construction may occur if a compliant is received aridJhe complaintis verified to be a nuisance by the City. 15. Dumpster Enclosures. The dumpster enclosures shall use Hardie Plank siding lhat matCl-l()1;the siding of the office buildings in place of the proposed stucco. 16. Tree Preservatiol1. The applicant and their contractors shall work with the City Planner and City Forcster to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. 17. Mechanical Screening. All mechanical operating equipment shall be screened to meet City regulations. Mechanical equipment shall not be visible from the neighboring residential areas or the daycare. 18. Fencing. Decorative fencing shall be erected around the pond at the northeast corner of the property to increase pedestrian safety. The fence shall require a permit and shall not exceed six feet in height. 19. Park Dedication. The applicant shall pay a park dedication fee of$40,000.00 prior to filing the Final Plat with Ramsey County. DRAFT 8 . . . DRAfT - ARDEN BILLS PLANNING COMMISSION ~ AUGUST 2, 2006 9 . 20. Rice Creek Watershed. The applicant shall obtain all necessary permits from the Rice Creek Watcrshed District and Ramsey County prior to filing the final Plat. 2]. Highway 96 Access. The Highway 96 access shall be right-in and right-out only. The applicant shall be responsible for the signing and striping to provide a right turn lane on eastbound Highway 96 to the development's driveway. 22. Hamline Avenue Access. . The RamUne Avenue access shall pennit right-in and right-out access as well as left turns into the access road from northbound traffic on RamUne Avenue, OR . . The RamUne Avenue access shall be a right-in andright-(JUt access only. No left turns shall be pennitted. , . To facilitate movement in and out of the devdopment, a minimum 30-fool radius shall be built on the northwest and southwest COrner ofthe Hamline Avenue intersection. Revised entranltcplans shall be submitted to the City Engineer and Ramsey County Engineer for approval prior to approving the Final Plat. The applicant shall be responsible for placing all necel1sihy traffic slgnage. 23. Daycare Access. The applicant shall provideth~:Jlaycare with a no-cost access easement to allow vehicles to, access the day careT rom the office park's access on Highway 96. 24. Stop Signs. A stop sign shall be,p1aeeg.N the southbol111d, exit to the access casement from the daycare per the rccommendationR~ti)~, 2005 traffic study. A stop sign shall also be placed at the eastbound exitto ti)e accel1S~,sement before the daycare exit/entrance to the access easement per the recomlUendation of the 2005 traflic study. 25. Signs. . . Thefollowing shall apply to allsignage in the development: Eacl1unitshal1 be permitted onc:2';x:l 0' sign on the front of the building centered above the entrance to the unit provided that these signs are uniform 'ij-),color and are not illuminated. Irall~'l1nits are combined for usc by one occupant, the combined units shall be consider~g one wlitin terms of sign age and shall be permitted one 2'xlO'sign centeredhJ;tween the combined units provided that the sign is in conformance with the other primary signs in the development as permitted in condition 20.a. tJ.nits I, 9,-10, and 18 may be permitted one sign facing Highway 96 provided e~dl sign does not exceed twenty square feet, the signs are in a unifonn 10catiol1 on lhe end units, are uniform in color with other signs in the development, used by only one occupant, and is not iIlwninated. If units 19-23 are combined into one unit, the combined units may have one shared sign on the rear of the building provided that the sign is no greater than 60 square feet, is centered on the building, is only used by the single occupant of the combined units, and is not illuminated. Each individual unit or combined units shall bc permitted up to one square foot of signage for address and business name adjacent to the door. The address and business name shall be uniform throughout the development in size, placement, and color. These signs may be illuminated. . . . . . DRAFT DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2, 2006 10 · Each sign shall require a separate permit. . · Off-premise advertising shall not be permitted under any circumstances. 26. Drainagc & Utility Easement. The applicant shall provide a I2 foot drainage and utility easement along the exterior lot lines and the right-of-way. 27. Lighting Plan. The applicant shall amend the lighting to be in full compliance with the City's lighting regulations prior to approving the Final Plat. 28. Sidewalks. The applicant shall submit revised site plans that include sidewalk connections to each building, where feasible, within the development and to the City and County trail systems. The plan shall be submitted to tl).e'w€ity Planner and City Engineer for review and approval prior to the issuance (}f'"BuiIdirig permits. 29. Trail. The trail along the western edge of the propert,)"sJm.llbe conveyed to the City in a manner that is acceptable to lhe City Attorney,,%,,:'F: 30. Easement Vacation. The twenty foot wide pedestrian easemen~'!).car the center of the property shall be vacated prior to filing the Fin~r Plat. 31. Sprinkling. All of the units shall be sprinkled for fire suppression. Letter received from Eric Nordeen, Fire Marshal, dated July 21, 2006: . Hydrants nced to be withiWT5,o,feet ofF.D.C. . F.D.C's need to be 10cated'iri>aVisible, conspicuQllsIocation. Location will be consistenl on each building preferably the center unit,front side of each building. . No Parking Fire Lanes will bel)eededl6'f~tbo.th sides from center of hydrants. Will be fieldasSigTled. . · No parking sigTlsneedcd on one side of entrance road from Hamline, curve north of building 18, and,~ccess road north of building 9 and lO. · Only one firedepa1t.luent key box needed per building. To be placed near F.D.C. . MCIJ)Qrandum from Dan Soler, RarrrseyCounty Public Works, dated July 27, 2006: :':'~J'he Ramsey C01'JntypubIiciWorks Department has reviewed the revised site plan for the Arden Hills Officc!"ark. The County previously provided comments to the City regarding the development of this property on May 2 and May 20,2005. Ramsey County has the following comments regarding this development. I. The previously proposed development for this site included 76,000 squarc feet of ofIice condominiums. The new proposal is for 62,000 square feet of office condominiums. The County expects the anticipated trip generation for this site to be proportionately less than the 868 trips per day estimated in the previous proposal. 2. Access to the site from the right-inlrighl-out driveway on Highway 96 will operate adequately. The County will rcquire the developer to sign and mark the right turn lane from westbound Highway 96 into the site. 3. The proposed access on Hamline Avenue will be located at the existing access to the daycarc and the daycare driveway connected into this new entrance road. Left turns existing onto Hamline Avenue in the p.m. peak hour will be problematic. . Northbound Hamline Avenue traffic frequently backs up past this entrance. This will c1" 0'. n j),f" ~ '~~IJ""i>t> . . . DRAFT - ARDEN HILLS PLANNING COMMISSION -- AUGUST 2,2006 11 result in dclay for vehicles exiting the site onto HamIine A venue. The City may wish to restrict left turns out of the development at the HamIine A venue entrance. This will require drivers wishing to travel west on Highway 96 to turn right out of the Highway 96 access and make a U-turn at Hamlinc Avenue. This should not be a problem on a protected left turn phase, The right turn in, right turn out and left turn in at the Hamline Avenue access point are not anticipated to be a problem. 4. The County will require adequate radius points on the HamIine Avenue access to allow right turns in and out of the driveway. The radii should be 25 to 30 feet. 5. The devcloper will be required to obtain a permit froll1.~awsey County for work within the right-of-way. This includes both access points.tind utility connections. Thanks for the opportunity to make comments regardii1g tJ1isdssue. If you have any questions or need any additional information pIeasegi-Vt; me a 2iflt~-:'H. 266-7114." c..,.....: ........., Chair Sand asked if a second traffic study h~dbcen done. Mr. LeJuifiq~.~tatcd a second traffic study had been prepared. He statetj.,hespoke with the consultant~~prepared the previous traffic study, and they indicated that the results from the 20o-3Ftraffic study should still be valid. Commissioner Bczdicek asked if they had a traffic cOunt that they had going into the daycare center. Mr. Lehnhoff respo~.~:m4that might have b.een in the original lraffic count, but hc did not have that infoITiJation.'St;:p;U-ilted out. Commissioner Tholl1psoll asked if th~Lg~ytare cel1terhad made any comments. Mr. Lehnhoff responded theYl1~d been inVited to the eommunity meeting, but he had not heard any comments fromtliem. . ..... ...... Chair Sand asked how l1"la.nr.E(}llll11~nity meetings had been held. Mr. Lehnhoff responded there was onecommunity'V!~~til1g held on July 26th, 2006, at City Hall. C'.hair Sand opened the publich~~ring at 8:07 p.m. Chair Sand invited anyone for or against the request to come forward and make comment. Jim Bharma, 4540 Keithson Drive, stated the project backed up into his back yard. He staled he had lived in his home sincc 1990 and when he bought his house this land was owned by the City. He stated he would now have buildings facing his back yard and asked how his property value would be affected. He indicated he was paying property taxes on a value of $460,000 and he believed his property values would go down. He noted there was also an access onto Highway 96 from Keithson. He stated they had to wait a long time to take a left. He stated there was a bad traffic problem in his area. He noted with the addition of 250 parking spots, this would be "a travesty." He expressed concern that the building was too close to his property and with the building being two stories, in the winter his privacy would be gone because they would be looking into his backyard. He asked ifthe oftice complex would be open on the weekends. He stated this DRAFT DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2, 2006 12 project was rejected once before and all they did was tu "recycle the projecL" He . believed the City and the County shuuld protect the rights of the homeowners in the area. He bclieved in democracy, but he felt this was infringing on his rights as a long-term citizen. He asked them tu lhink about all of the aspects on how this would affect the homeowners and townhome owners in the area. Elwoud Caldwell, ]451 Arden View Drive, read the folluwing statement from the Board of Directors of Arden Hills North Homes Association: "Members of Arden Hills North Homes Associatiun are the OWl1ers and with one or two exc~rtio]'1s residents of the] 40 townhomcs Iucated immediately adjacenl to and soulh<rFthe pruperty propused for devclopment, with addresses of 1342 - 1481 Arden View Driye. lts governing body is a nine-member elected Board of Directors. The follow~ng statements represent the view of lhat Board. . . 'co; '.'" As puinted out in the past we are not now an&hever have bcenopp()scibto development of the subject property as a townhousc-typ~'i.~ffice park per se. OurOpr!osition to the predecessor proposal finally dcnicd by theEf-ff~Coun6il .oil July 18, 2005, concerned primarily matters of density, usage, setbacks, paj"ki12g, and landscape space. Some but not all of thuse concerns were alleviated during tfii:d?pIy 18, 2005, CuunciI meeting and others have been alleviated in the proposal now presentcdas planning case 06-023. However, a maior concern now is that alIofthe conditions added to the previous proposal by the staff or the Planning CummissionviaRe~oIutiun 05-45 as presented (or as . amended by lhe Cou~cil) be retained wherever applicable to the revised development propusal, nutwithstanding defeat of Resolution 05-45 by a 3-2 maiurity in favur. AccordinglY,(jtJianalysis'atlhis time wiIldeal with Conditions 3-6, 9, and 17 that were included inR.!~bIu.tjon 05-45, now rep!acedin the Staff recommendation on Planning Case 06-23 by Conditiuns6,7, 22, 24, and 25. OccupallCVllll'd Use. Conditions 6 arid] deal with .occupancy and use of each .of the 23 units now proposed. Nut more than one business sha1l be permitted to occupy anyone office condominium unit within the development, nor shall retail, restaurant, fast-food or residential uses be pennitted, except retail use if incidental or accessory to the primary office use. We previously advocated such restrictions and continue to du so, including their achievement through deedrestrictiuns, covenants, or bylaw requirements. RamUne Avenue Access. Resolution 05-45 defeated last year (by a Council vute of 3-2 in favor) included no Hamline A venue access, this having been deleted by an amendment aduptcd 4- I earlier in the meeting. This is still what we would prefer. However, if Hamlinc Avenue access is to be provided, we support the Staff recommended Conditions 24 and 26 in their entirety, including right-in and right-oUl access only with no left turns, with minimum 30-foot radii on the northwest and southwest comers, and with appropriate signs placed prior 10 the road to the office development being opened up. . DRAfl . . . DRAFT - ARDEN HILLS PLANNING COMMISSION-AUGUST 2, 2006 13 Sil!nal!e. The wording on this subject presented to the Council last year allowed for one freestanding monument sign at the Highway 96 entrance, with each unit to have fifteen (15) square feet of signagc including a 1 square foot address and name plaque adjacent to the main entry for the unit. End units corresponding to units 1, 9, 10 and 18 in the current proposed development could have a total of thirty (30) square feet of signage but no more than fifteen (15) square feet to the north (facing Highway 96) and no more than fifteen (15) square feet at the front of the units. However, after several councilmembers expressed dissatisJ~f1on with this, the wording about individual units was amended unanimously to .~t#t;tf>"1J1at the sign age does not exceed 2 x 2 and this [to] come back to the CounciI;{9r fimihapproval." There was no mention in the resolution as amended of any variaIlfe for the units now numbered 1, 9, 10 and 18, nor any discussion whatsoever by the CQ;U1tihhof a large sign facing Highway 96 on the north wall of units 19-23. Mr. EbeniiteIner is quoted in the Council minutes as stating he decided to go along with 2 x 2 sigii~Qutside ~'Y. doors. J>',' ~~~, -...... In summary, we.resped:fti)lj' request thatif you approve the requested Master and Final PUD and Prelillli~ary Platgroposal including Hamline Avenue access, you do so only after adopting tne.Staff recommended Conditions 6 and 7 on occupancy and use, Conditions 24 andZ~:lo~a2cess\Vith Rightcin and Right-out only, and Condition 25 on signage amended as wellave advocated above." Stanley Harpstead,:J277 Nursery Hill Lane, stated he was concerned about the trdffic conditions on Hamline and the completion of Lexington Avenue had not diminished any traffic on HamJine. He believed the major issue was traffic on Hamline and he did not believe. this project d'-mid support lhe density being proposed. He noted adding more inlets andout1ets was.l"Iot going 10 make this any easier. He stated the best solution was to lower thede~sity,which would reduce the traffic. He requested the Commission reject this development and instead look at a development of 40,000 square feet. He stated a better proposal was to split the development so that the eastern part of the parcel was retained for future development and the developer work with the western parcel only. Diane Phillipi, ] 442 Arden View Drive, stated she was a 30 year resident. She proposed during construction that all construction vehicles have to use Highway 96 and not lIamline Avenue. She noted the noise factor for the daycare center and the townhomes would be a factor. She believed it would be safer and less noisey if they used Highway 96 and not Hamline Avenue as their entrance and exit. UR~f1 DRAFT - ARDEN HILLS PLANNING COMMISSION ~ AUGUST 2, 2006 ]4 Richard Roessler, 1261 Nursery Hill Lane, stated he agreed with Mr. Harpstead's . comments. He asked why they could not convert this development into a residential area. He noted with the expansion of Boston Scientific and the County development across Highway 96, it had substantially increased the lraffic on Hamline Avenue. He stated this was no longer a positive thing. He was not sure the developer had the community in mind when doing this. He stated he was a believer in impact statements and recommcndcd they look at this and not approve it now, but rather make il more community minded and do it in such a way as to "test lhe system." He recommended an impact statement be done. Cindy Owen, 4490 Hamline Avenue, stated she had a.c'-!ilcern about the size of the property and traffic flow. She asked if anyone had Iookedl11.I1~W many residents were impacted on the cast side of HamIine with respech~oaccess. Sliypoted right now their main congestion was rush hour and if they putint!Jjs developmeJlt,slie believed they would have traffic issues all day long. She "believed there would be no down time on HamIine Avenue. She asked if they couldJ<:lOk at the\:levelopment bcingl;cduced down to 40,000 square feel. She believed lhedcvelopment .\\.'astoo large. Shehoted Boston Scientific would be adding onto their buildings and. th~ development of TCAAP, would also put additional traffic onto Hamline A venue. Sh",stated there were a lot of questions the residents had and they did notfeelthey had answers to, ;t:'~2?:\:/:;:, " ,"~,:." Brian Densmore, 4504 Hamline Av",n.rteNQrth,stated ifTh6 Commissioners lived on Hamline Avenue they would feel the:~amewayabouttl1is development as the residents did. He stated he was concerned abou1.tj1eincreaseirttraffic and his neighborhood. He . noted he could nOl allow his grandchildren in his front yard because of all of the traffic and this concerned him. lIe believed this development would add to the traffic problems they already had. He noted the average person going down Hamline was going 50-60 mph. He indicated on average, he had an .accident in the front of his home once a day. He believed Boston Scientific would also add to the traffic. Mike Giel, 4534 Keithsorl1)rive, stated there was no workable way the roads could ".h"a;ndle the type of traffic lhis"development would create. He stated the intersection was n6tni~de to handle this large of a development. He noted if people were coming from the east, they would need to do a U-turn to get into the development while crossing two lanes oftti'lffic. He noted people on Keithson Drive could not see the traffic because it was below the.hilI. He stated this would be a problem for anyone driving down Highway 96 and HamlineAvenuc also. He noted in the wintertime he believed there would be a lot of problems, He expressed concern about the cut out on Highway 96 off of Kcithson was not sufficient either. He did not believe either one of the roads could tolerate this type of a developmcnt. He noted this was a safety issue. Chair Sand recessed the meeting at 8:36 p.m. and reconvened the meeting at 8:43 p.m. Larry Stark, 1460 Arden View Drive, presented and eXplained photographs he had taken regarding the traffic issues. He stated it was frustrating to come here and be given three minutes, and not know what the current plan was. He believed there should have been . O~J~~,fl . . . DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2, 2006 15 more than one community meeting regarding this project. He stated given the TCAAP development and the modifications to the HamJine Avenue. intersection and the expansion of Boston Scientifie and Medtronic facilities, he asked why they have not considered doing an AUAR. He stated they should not look at lhis small square of property and believe everything would work fine, but look at the community as a whole. Brigid Shields, 4365 Arden View Court, stated cars exiting right on Hamline Avenue in the evening will have to drive south to County Road F over to Lexington Avenue, north on Lexington A venue and back on Highway 96 to get back t9{w.l1ere they were already. He indicated this was a waste of time and money and it di<i.Jiot maKe sense. He believed there would bc a danger point with the daycare c.'Wtl-;~t:>~lso. He staled his only opportunity to get on Hamline Avenue was when traf~f'wasS\<)I?ped on Highway 96, but if traffic was not stopped at Highway 96, they would lietrapped.i~.Jheir own homes. Tawana Holtz, 1371 Arden View Drive, state..dShe has been a resideri!:f6.r..o.....ver two years. .,'-" ':C>;:--',?" She noted she was an employee ofBosto11ASei.~nlit1c andin the past COl.ll'>~~9fyears, she has been late to work due to the traffic and sl1eonIy had to go six block~.J'She asked if the development could be moved to the north side of Highway 96, which she believed could handle the traffic better. She stated putlingin.a large commercial development right next to an existing residentiirl<jevelopment wotlldbe like living in downtown St. Paul. ; .,.....".,- ".," "",','><<>< ". ""'",,'n._,',,,-', Gail Van Buskirk, 1390 Arden View,.priv5,iSfrttCl.i'1l"fpetition had 268 signatures and when she walked around and spokelyJtlithe resid\lhts they were angry because the developer had notJistenedto them and Ii@ not addressed the major issues, such as traffic, access on Hamline Avenue, reductiorF,.of property values, elc. She stated the neighborhood wanled something better and: 110 solutions had been presented. She stated the Commissioners were probably c.onfuse<:lbecause what they were hearing from the resid"mif~~\Vhat they saw from thetraJfic study were in contradiction. She stated when th"ylookedatth\ldata from the trafTic study, they found the traffic going eastbound there 1.V~s a 48 seconddclay, which would go up to 51 seconds by 2007 without the d5~\lIopment being.built, butif the development was built the delay would be 132 seeowlif. She stated they had to look at the data and note the delay times significantly increasCl.iwith this de-ve1opment. She proposed to cut off the Ham line A venue exit and take outir!I;{Of lhe asphalt as well as flipping the first building and moving the parking lot up. She piBposedputting in an exit on Highway 96 so they had an exit coming into Highway 96 and..going out on to Highway 96. He recommended they put a signal at Keithson for a protected U-turn. She stated 268 residents could not be wrong. She urged them to deny the PUD and incorporate the solutions she presented in this development. Pam Hanson, 4367 Arden View Court, stated she was opposed to lhe development. She recommended the following changes to the conditions: 9. Landscape Plan Revisions change to: Additional coniferous trees (at least 8 trees) shall be provided along the west buffer yard of the development to im.Tease screening for the trail and residential properties. OR~fl DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2,2006 16 ~~~~~~~ . . Additional coniferous trees (at least 8 trees) shall be provided along the west buffer yard of the development to increase screening for the trail and residential properties. Additional coniferous trees shall be added to the south border (at least 10 trees) and east border (at least 5 trees) to increase screeningfor the townhouses and day care. Curren!:."." . The applicant shall be responsible for repl'ilHng any damage to the landscaping on neighboring properties. ..... Change the above condition to:" · The applicant shall be responsible.. for replacing . any damage to the landscaping on neighboring propejiies. Replaced trees will?~ either 6 foot minimum coniferous trees or 3 inch caliper d."ciduous trees, depending on the type of tree damaged. This guarantee will M-f()y jive years after the initiation of the development. Damage to landscaPing and trees will be completed within six months after damage. 12. Screening Current: . If the Iaryd$c.aping docs not provide allt;~~t 60 percent coverage as viewed from neighboring residential properties, as detennined by the City Planner, the CitYlll?-y require additional landscaping. . Change the above coriditionto: · If the landscaping does not provide at least 60 percent coverage as viewed frbll111cighboringresidential properties, as determined by lhe City Planner, the City wi/~fequire. additional landscaping. The time periods and frequency of these detefminations shall be one month after landscaping is completed for each phase, of the development. 16. Tree Preservation Current: · The applicant and their contractors shall work with the City Planner and City Forester to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. Change the above condition to: · The applicant and their contractors shall work with the City Planner and City Forester to save as many existing, healthy, and well placed trees as possible in the areas designated as landscape space. If any of the 10 existing trees that are proposed to be preserved are unable to be preserved, then the equivalent . O. .R"'.. ^. r;T ',~"'" .~~ a . . . DRAFT - ARDEN HILLS PLANNING COMMISSION __ AUGUST 2,2006 17 caliper inches of appropriate trees will be planted to attain the total caliper inch requirement 0(275.5. 22. Hamline Avc:m.Lc.Access Change conditions to: . Hamline Avenue access will not be allowed. I. Parking Spaces Add condition 32 and the following: . Reduce number of parking spaces from 25. - . " Dave Ehrsman, President of Arden Hills North.]--l$rllesAssociaticiriJ:st.ated the developer had agreed to drop the Hamline Avenueap\Jess, reduce the signage,~'<li1~ increase the landscaping. He stated they were literallytrapp..ed and th....e.....onIy place toget....out was to go ',' '. :>':":":'>' >'>. . '..:.' southbound on Hamline Avenue. He believedthetrafli9Jstu~ywas a sham.' Chair Sand closed the public hearing at 9: 14 p.m. Dan Soler, Ramsey County Public Works Traffic Engin~!:~jy~tated people were correct that this development was on two high volllme CountyJ.f6ads. lIe noted since the reconstruction there was limited access on Highw~y;~6.I1e indicated Hamline Avenue also had high voIu!11~:\Wjlh a lot of driveways and City streets on it. He stated the City needed to dctcl1;l}ine iftIl~y;:felt comfortable how they were going to allow access into and out of the~jte.. He stat~d tIle County was comfortable with the right-in and right-out access as \veIl ~s+l?ft turntin and left tnffi,,:out. He stated the Hamline A venue access could have any nutrl.~er 9f"d~ff~l)nt accesseS and it became a maller of what the City felt comfortable with. . _ Commissioner LarsoV askea'ifth.e;.traflic engineering firm was reliable. Mr. Soler stated as far as he knew, they were a reliable firm and he did not see anything done within tIle study that would trya1'1d hide or fool anyone. lIe noted traffic studies when it pertained 10 developments made a lot of assumptions and level of service was an "out there" concept. He slated they had to look at this from a more holistic way and they would look at the impacts to th.e County roads if they allowed a certain access or configuration. Commissioner Zimmerman asked how many trips were eastbound on Highway 96 on a daily basis. Mr. Soler responded the traffic on Highway 96 was about 50/50. He noted the difference was that during different times of day that could fluctuate greatly. He stated it was over 10,000 a day on eastbound Highway 96. Commissioner Zimmerman asked what the traffic count was on Hamline on a daily basis. Mr. Soler responded he did not have the specific answer, but he believed it was over 10,000. He stated lhey should refer to the traffic study for this information. DRAft DRAFT - ARDEN HILLS PLANNING COMMISSION - AVGUST 2, 2006 18 Commissioner Zimmerman stated the study showed 434 cars in and 434 cars oul of this . development, which would total 868 trips. Mr. Soler stated the County would try to make the roadways operate with whatever development the Cily chose to put in. Chair Sand stated they could not mathematically predict, but they could assume the U- turn at Keithson. !-Ie asked if they could put a no V-turn sign on Highway 96 al Keithson. Mr. Soler stated he was not aware there were any problems with V-turns at Keithson. He noted no V-turns were difficult to enforce and if there would be a problem with V-turns they would enforce no U-turns. He indicated if there were no'access at HamIine, they would anticipate a lot of V-turns at Keithson. He noted a<signalat Keithson would be good and bad. It would allow easier access, but it wouIdals6add to the potential of more accidents on Highway 96. He stated they would needJo determine if it was safer to add another red light on Highway 96 or if it was safeqo allow V-tuffiS'.He stated he had not considered the possibility of adding a signal at Keithson until tonight's mee1ing. He noted they were anticipating a signal at the TCAAP entrance in the fut1.h;c. :(,:,,' "",._~:.', Chair Sand stated many comments were(m~'d~tonight of the bottle effectiat southbound Hamline Avenue. He asked if Hamline Avenrieworild be two lanes southbound from Highway 96 to County Road F at some point in tJlefuture. Mr. Soler responded that was not an easily answered question. " He stated they did ndtknow what the configuration was going to be south at Interstate 694 afld.Hamline Avenue. He stated there was the potential of not having an access on of off Interstate 694il1 the future, so that might change the need for that ever needing to be a two lane road into the future. He noted there would continue to be traffic on Harl11ine Avenue, even if they could not access . Interstate 694. Commissioner Modesette stated she was pleased they were willing to work with the City to accommodate any .concemsre&.ard.i~gsafety. She asked at what point the pressure would be idenlilied on Jlamline AVien~e' She asked if they would be willing to enter a signal at Keithson in orderto allow safer turns on Highway 96, or could they expedite the light at North Heights Church., . J\.:1r. Soler explained the formulas they looked at when they were considering a sigual~tan intersection. He stated it would be up to the City if felt they wanted to initiale a signal at North Heights Church. He stated there was nothing traffic wise at that location to generate the need for a traffic signal. Commissioner Bczdicek noted there have been many comments about the hazard at Keithson. He asked if there was cause to put a median through there and construct lhe stop light down at North Heights Church. Mr. Soler stated no left turn at non-signalized areas would be safer, but he indicated that would also change the traffic flows. He stated he was not aware that the Keithson intersection was a dangerous intersection and they were not proposing to change that intersection. Commissioner Bezdicek asked if the County would entertain another curb-cut on Highway 96. Mr. Soler responded the County would not entertain another curb-cut on Highway 96. He indicated this would be another unsignalizcd point and he did not believe this would be any safer. . ORAFl . . . DRAFT - ARDEN HILLS PLANNING COMMISSION -- AUGUST 2,2006 19 Commissioner McClung recommended the following amendments to staff's conditions: Amendment #1: condition 5: Amend to read: The bylaws, covenants, deed restrictions, or any similar documents shall include all of the restrictions included in the approved Planned Unit Development. These documents shall be subject to review by the City Al!orneyand shall be submitted prior to filing the Final Plat. Amendment #2: Condition 25: Strike all after "the following@allapplyto all signage in the development:" and include: . Bullet Point I: "One monument sign that docs J1ot~~(;eed the sign requirements of the Neighborhood Business Zone shall .be pem),ip~d at the Highway 96 entrance to the property." .....~. Bullet Point 2: "Signage shall be liJl'\\t~lI to four square foot sjgl-t~. adjacent to the entrance of each unit, including a 9n-~~~Rot squar!-:.address namepiat~;and there be no other signs applied to the exterior o~th~ buildings." . Amendment #3: Condition #32 "Gutters and D0WI1SP91.1tS. Gutlers and downspouts shall be added to all buildings in the devclopment to carry-~torm water directly to the stonn water system without drainage overland." Amendment #4: Condition #33 "Sidewalk <:;nshion; A one-foot cushion be added under any sidewalk provided in the development." Amendment #5: Condition#22: Strike bullet point number 1. Amendment #6: Condition #34 "Parking. The equivalenl of 35 parking spaces shall be removc(IE~3mthe parking plan as proposed to be replaced by landscaping with trees subject loappn'I,!~1 during final plat review." (This will provide 9.35 spaces per unit.) Chfiir Sand askeg\on recommended Amendment #2 regarding signage why Commissioner McClung was restricting this signage. Commissioner McClung responded al theJ,Jly, 2005 Council meeting, this was a concern of Council and he wanted to address thi!tconcern. CommissionerHModesette stated she hesitated to add amendment #3 because drainage over land actually reduced flooding and without analysis from the City Engineer, she bclieved they might be setting up a problem they intended to mitigate. Commissioner McClung noted his intent was to duplicate City Council on that condition. Commissioner Modesette stated on the signage issue she believed al some point in a development, signage was key to the success of the business and success of a business was viable to a development and she believed at some point they could be pushing too far by not allowing a business to be successful. o^C D~ &:&,~r~'~,- DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2, 2006 20 Commissioner Larson stated he was opposed to Conditions 2, 3, and 6. He believed the . signage should be as allowed for the under! ying zoning in that district and he saw no reason why it should be different. He agreed that the drainage on the site had been engineered and he did not believe that it was their job to do that. With respect to parking, he did not see how they could eliminate the parking spaces without showing good reason for doing so. Commissioner Zimmerman noted they eliminated the turn. amendment 5 will also impact the daycarc center if <.'d.' Chair Sand noted the Commission was a recOInmendingbrfd~,:pnly and the Council could 0.... ':>".';,,', chose to follow their recommendation or not followlllcir 'f~o!llmendation. He stated Council had the final decision. . <<i\ Mr. Lchnhoff stated with amendment number two, they had a righttO"(l:monument sign and noted they did allow multi-tenant signs as a part ofthe monument s;gp;,He asked if lhis should be restricted. He stated as it was the applic~twas only proposing a building sign with no lisling of each tenant, but it could be a multi-tenant sign in the future. Commissioner Bezdicek recommended they vote on each-amendment separately. Commissioner Thompson moved, seconded by Commissioner Larson, to approve Planning Case No. 06-023, Master PI~ned UnitJ.)<:yelopment & Preliminary Plat; Royal Oaks Realty, Inc., 1440.- 1450 Wesl Highway 96,sU!iject to the thirty-one conditions as . noted in staff s February 27, 2003, report: Commissioner McClung Il1oved, seconded by Commissioner Larson, to approve amendment to conditi~?ntil11ber 5 to read: The bylaws, covenants, deed restrictions, or any similar documents shall include all of the restrictions including in the approved Planned Unit DevelopIllenL These documents shall be subject to review by the City Attorney and sha.ll.bc submitted prior to filing the Final Plan. The motion carried un:.lnimousIy (7 -0). Commissioner McClung moved to approve Amendment #2: Condition 25: Strike all after "the following shall apply to all signage in the dcvclopment:" and include: Bullet Point I: "One monument sign that does not exceed the sign requirements of the Neighborhood Business Zone shall be permitted at the Highway 96 entrance to the property." Bullet Point 2: "Sign age shall be limited to four square foot signs adjacent to the entrance of each unit, including a one-foot square address nameplate, and there be no other signs applied to the exterior of the buildings." Motion failed for lack of a second. Motion failed for lack of a second. DRt\Jl . . . . DRAFT - ARDEN HILLS PLANNING COMMISSION - AUGUST 2,2006 21 Commissioner McClung moved to approve Amendment #2: Condition number 32: "Gutters. Gutters shall be added to all buildings in the development to carty storm water directly 10 the slorm water system without drainage over land". Motion failed for lack of a second. Commissioner McClung moved, seconded by Commissioner amendment #4: Condition #32 "Sidewalk Cushion. A any sidewalk provided in the development." Larson, to approve be added under Motion carried (6- J Modesette opposed). Commissioner McClung moved, seconded amendment #5: Condition #22 Strike bullet to approve number 1. Motion carried 4-3. (Commissioners Zimmerman, Modesetle, Chair Commissioner McClung moved, seconded by Commissioner Modesette, to approve amendment #6: Condition #33, .earl.<:ing. The equivalent of 35 parking spaces shall be removed from the parking plan a~Cpr(}p()sed to be replaced.by landscaping with trees subject to approval during final pIatreviewi . Motion failed 3-4 (Commissioners 'fhoillpson,r.,ar1;bn, Zimmennan, and Bezdicek opposed). Original motion asamendedccarried 6- I (Commissioner McClung opposed). Motion by Larson, seconded hYZinlinerrnan to extend the meeting past 10:00 p.m. Motion carriedunanimously-(7 -0). \~.c ....i:i'.\:>. '~~):'t;;.' '0<' . Attachment 7 B-3 Report to the Planning Commission Available online at: h.mu l\Vww.ci.arden- hiJIs.mn. us . . August 28th, 2006, City Council Meeting . Prepared by: MO ro Dept.: Public Works Council Mtg. Date: 8/28/06 Final Action Needed By: ~ ~JIILLS City of Arden Hills Request for COlmcll Action Agenda Item "{':'f:~ Celebratinq Arden Hills Recap Budgeted Amount: Actual Amount: Funding Source: Council Action Request: Staff is looking for feedback on this year's event and would like approval to proceed with plans for the 2007 event. Staff Recommendation: Staff recommends scheduling a Celebrating Arden Hills discussion for the September 18, 2006 work session to discuss funding and the possibility of reeslablishing a volunteer event committee. Advisory Commission Action: Commission Planning PTRC Date Action Nol Applicable Not Applicable Not applicable . Supporting Documents (which are attached to this Action Form): ~ Memo/Letter: Memo dated August 23, 2006 from Michelle Olson, Parks and Recreation Manager D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: ~Other: 2006 Celebrating Arden Hills Event Budget FinanciallmpJications: Administrator/Staff Comments: . Page 1 of 1 . . . ~ ~~ILLS MEMORANDUM DATE: Agenda Item 7.C August 24, 2006 TO: Mayor and City COlmcil Michelle Wolfe - City Administrator Michelle Olson - Parks and Recreation Manager -1--rl(!/ FROM: SUBJECT: Celebrating Arden Hills Recap ENCLOSURES: 2006 Celebrating Arden Hills Budget BACKGROUND The 2006 "Celebrating Arden Hills" event was a success! The rainy weather did cause attendance to be down from previous years. However, most of the events were abIc to go on without interruption and as always, the day ended with wondcrful fireworks. Staff has highlighted certain aspects of the event below for your review: A. Budget - Attached you will find thc budget report Jor the 2006 Celebrating Arden Hills Event. The City did bring in over $15,000 in sponsorships - which was around $4,000 less than the previous year. The event expense was very similar to last year. Although we saved money on our caterer, equipment prices (generator, bus, show-mobile, golf carts) did go up significantly. 2005 Expenditures = Revenue = TOTAL CITY CONTRIBUTION = $48,731.47 $22,751.00 $25,980.47 Please note: Parl time Parks and Recreation staff and Full Time Office/O & M Staff Salaries are not included in the above expendihlres. 2006 Expenditures = Revenue = TOTAL CITY CONTRIBUTION = $45,988.79 $18,346.00 $27,642.79 Please note: Full Time Office/O & M Staff Salaries arc not included in the above expenditures_ \\Metro-iuct.us\ardenhillsIPR&PW\Recrcation\MEMOS\Celebrating Arden Hills Recap CC06.DOC Memo to City Council Celebrating Arden lhlls Page 2 . B. Highlights of Event ]. Food- This year's barbecue dinner cost $4,185.45 for the food and $7,719.48 for dinner tents/tables/chairs. We brought in $1,858.00 in ticket sales; therefore the City's cost was S I 0,046.93. The catered price per person was $7.95, which included beverages. This was a significant savings from previous years. Unf0l1unatcly, we did not sell out of tickets. Obviously, the weather played a huge factor in that. We had approximately 100 tickets left to sell. The feedback that staff received on the food was fantastic! The calerer was very pleasant to work with and had everything set to go on time. They had wonderful service and the quality of the food remained steady throughout the entire service time. The City had difficulties with the caterer last year and il was a pleasant change working with Chuck Wagon Catering. If the City Council is in favor of keeping lhe catered dinner, staff feels very strongly about remaining with this caterer. 2. Entertainment Schedule . Staff decided to move the headline band - The Whitesidewalls to a prime time of 6:00 p.m. until 10:00 p.m. This seemed to work out well. Staff bclieves that the band will generally have a better crowd during this time frame. The Prior Lake Ski Show was moved to 5 :00 p.m. and that seems to work out just fine. The ski show is popular - no matter what time they have their show. Staff will be exploring bands for next year's event. The feedback on the Whitesidewalls is always good. However, we did hear lrOl11 some residents that they would love to see a different band. The Splatter Sisters were well received again and staff is in favor of bringing them back again next year. 3. TCAAP tours The TeAAP tours were a great addition 10 our event. The tours were very wcll received. We estimate that approximately 20 people went on each tour. Staff was hoping for more attendance. However, weather was a factor. Depending on how things progress on TCAAP, staff feels these tours are worthwhile and could be repeated next year. . , . . . \1cmo to City Council Celebrating Arden I !ills Page 3 C. Areas to Improve On I. Sponsorships In order to keep the expense of the event down, sponsorships are crucial. If the City Council continues to be in favor of offering our event at no cost to the residents, significant time needs to be spent on contacting potential sponsors. 2. Volunteer Involvement This event is almost completely staff operated. Since the conelusion of the 50th Anniversary Celebration, the City has struggled to recruit volunteers for event planning or for the day of. Staff believes that reestablishing a volunteer committee would be beneficial for many reasons: a. Beneficial Input from the Residents/Busincsses b. Added Resources c. Community Buy In d. Reduced Staff Time c. Cooperalive Effort REQUESTED COUNCIL ACTION Staff is looking for feedback on this year's event and would like approval to proceed with plans for the 2007 event. RECOMMENDATION Staff recommends scheduling a Celebrating Arden Hills discussion for the September 18, 2006 work session to discuss funding and the possibility of reestablishing a volunteer event committee. . . . Donations TableslTents Celebrating Arden Hills - 2006 Revenue North Suburban Youth Visit Minneapolis North Anchor Bank Guidant Corporation Lakeside Homes Northwestern College Presbyterian Homes URS Bethel University North Heights Church Arden Pharmacy & Gift Cub Foods Brausen Enterprises, Inc. Flaherty's Arden Bowl Big Ten Supper Club, Inc. CMGRP, Inc. (Anonymous) Arden Shoreview Animal Bremer Bank Frattallone's Ace Hardware Hansen, Dordell, Bradt.. Land 0' Lakes, Inc. McDonald's, QSC inc. Pot 0 Gold Twin Cities North Chamber Kim's Tailor Trinity Lutheran of Lk Joh Derrek Hames J.J. Taylor Rotary Club of AH/SV Presbyterian Homes Flaherty's Arden Bowl Davanni's Neighbor's United Hair Expressions Kate Knuth for State Rep Arden View Kiwanis Anchor Bank Revenue Continued Totals $ 4,000.00 $ 2,000.00 $ 1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,500.00 $ 500.00 $ 500.00 $ 250.00 $ 250.00 $ 200.00 $ 200.00 $ 150.00 $ 150.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 50.00 $ 50.00 Poster Water !1!;,60ll.()() $ 90.00 $ 80.00 $ 15.00 $ 20.00 $ 15.00 $ 10.00 $ 15.00 $ 10.00 $ 80.00 Tables/Tents AH Library Weils Fargo 50B House Distr. Republ. TCF National Bank Finney for Sheriff Change Maker Inc. Bethel University Watkins/Gracies House Food Vendors Big Beillce Cream Charanko's Mini Donuts Foreastos Heartland Kettle Corn Ticket Sales Merchandise Sales City Hail Day of Event $ 85.00 $ 20.00 $ 20.00 $ 10.00 $ 10.00 $ 10.00 $ 90.00 $ 10.00 . $ 590.00 $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 200.00 $ 1,224.00 $ 634.00 $ 1,858.00 . $ 98.00 $ 98.00 $18,346.00 . . Celebrating Arden Hills - 2006 Expense Entertainment White Sidewalls $ 2,500.00 Prior Lake Water Ski Association $ 1,600.00 Prior Lake Ski - Addtl. Insurance Cost $ 100.00 Fireworks $ 7,500.00 Waiton's Hollow Petting Zoo $ 2,300.00 Happy Faces (CaricaturisUFace Painter) $ 2,270.00 Mad Science $ 235.00 Splatter Sisters $ 575,00 $17,080.00 Food/Youth Games Chuckwagon Catering $ 3,180.00 Service/Delivery/Tax $ 1,005.45 Magic Bounce - Adrenaline Rush $ 1,250.00 Magic Bounce - Fun House $ 425.00 Magic Bounce Giant Slide $ 875.00 Spin Art $ 425.00 Rock Climbing Wali $ 1,075.00 Water Wars $ 750.00 . Insurance/Food Permit License Fee $ Tents (Aarcee) $ 8,134.48 Tents (Midway) $ 1,344.00 $18,463..9_3 First Aid Red Cross ($55/hr x 7 hours+ $50) $ 500.00 $ 500.00 Transportation First Student (TCAAP & Shuttles) $ 1,052.02 Golf Carts $ 550.61 L1,602.63 Signs Signarama $ 746.75 Acurate Press (Poster) $ 637.94 Allegra ( Large Poster) $ 255.60 $ 1,640.29 Programs Insert in Bulletin $ 616.85 Accurate Press - Flyer $ 349.32 $ 966.17 Sound/Communication Generator $ 1,015.48 Walkie Talkies $ 68.00 $ 1,015.48 . Celebrating Arden Hills - 2006 Expense Expense Continued . Bathrooms $ 84.55 Park Rental Tony Schmidt Permit Showmobile $ 358.88 $ 1,000.00 $ 1,358.88 Miscellaneous Thank You Ads - Focus/Bulletin $ 1,161.50 Event T-shirts $ Forrest Wicklund - VIP food $ 105.00 Ice $ 57.00 Radio Advertising - WMIN $ 250.00 Miscellaneous Supplies $ 129.35 Miscellaneous Supplies $ 44.50 Miscellaneous Supplies $ 34.91 Insurance for Fireworks music $ 280.00 Staffing - Part Time Playground Staff $ 626.36 . $2,688.62 Equipment Road Closing Signs $171.15 Grainger, Inc. - Extension Cords $417.09 $588.24 ---- Total Expenses $ 45,988.79 . . . . Total Revenue Totai Expenses Page 4 Celebrating Arden Hills - 2006 Revenue/Expenses Summary $18.34600 $45.988.79 ($27,642.79) Short Fall . ~ ~HILLS City ot Arden Hills Request for Council Action Prepared by: KCB Dept.: CD Council Mtg. Date: 8/28/06 Finai Action Needed By: Agenda Item SA. Approval of Brownfield Remediation Grant Contracts for the Chesapeake Property Budgeted Amount: $0.00 Actual Amount: $1,745,000 Funding Source: Grants and Reimbursement Council Action Request: Approval of the Minnesota Department of Employment and Economic Development (DEED) and the Metropolitan Councii Brownfield remediation grant contracts for the clean-up of the Chesapeake property iocated at 1901 Gateway Boulevard. Staff Recommendation: Staff recommends approval of the Minnesota Department of Employment and Economic Development (DEED) and the Metropolitan Council Brownfield remediation grant contracts for the clean-up of the Chesapeake property located at 1901 Gateway Boulevard. Advisory Commission Action: Commission Planning PTRC Date Action . Not Not Supporting Documents (which are attached to this Action Form): X Memo/Letter: Staff memo dated 8/23/06 D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: X Other: DEED and Met Council contracts Financial Implications: $1,745,000 in grant funds and reimbursements from Chesapeake Companies Administrator/Staff Comments: Resolutions 06-31 and 06-32 supporting the application for these funds were adopted at the Aprii 24, 2006 City Council meeting . Page 1 of 1 . . . ~ ~ EN HILLS MEMORANDUM DATE: Agenda Item: 8A August 23, 2006 TO: Mayor and City Council Michelle Wolfe, City Administrator Karen Barton, Community Development Director~---" FROM: SUBJECT: Approval of Brownfield Remediation Grant Contracts on behalf of Chesapeake Companies for the Property located at 1901 Gateway Blvd (former ATS site) Backl!round At the April 24, 2006 City Council meeting, Council approved resolutions 06-31 and 06-32 authorizing the application for contamination elean-up grants from the Minnesota Department of Employment and Economic Development (DEED), Ramsey County, and the Metropolitan Council, on behalf of Chesapeake Companies for Brownfield remediation at the former A TS site, 1901 Galeway Boulevard, subject to the following conditions: 1. Execution of a sccured reimbursement agreement between the City and Chesapeake Companies, in a form approved by the City Attorney; 2. Execution of a perfornlance agreement between the City and Chesapeake Companies, in a form approved by the City Attorney; and 3. Chesapeake Companies must apply for a Final Plan approval prior to any grant- related remediation work being started on the site. Discussion The City has been notified of approval of the full funding requested from each of the three agencies, and to date, has received contracts from DEED and the Met Council. We have also received a secured reimbursement and performance agreement from Chesapeake Companies, as required in the conditions of the grant applications. City Attorney Jerry Filla has reviewed and approved the reimbursement and performance agreement, as well as the grant contracts. Memo to Mayor and Council- Chesapeake Grant Contracts August 23, 2006 Page 2 of2 Staff Recommendation Staff is recommending COlillcil approve both the DEED and the Met Coumcil grant contracts for thc brownfield remediation at the Chesapeake property, located at 1901 Gateway Boulevard, and authorize staff to execute said contracts. . . . . STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DNISION Contamination Cleanup Program Grant Agreement CCGP-06-0019-Z-FY06 This Agreement is made on June 23, 2006, between the State of Minnesota, acting through the Department of Employment and Economic Development (hereinafter the Grantor) and the City of Arden Hills (hereinafter the Grantee). The Grantor has been allocated funds by the Minnesota Legislature to the contaminated site cleanup and development account in the general fund (M.S. 116J.551) and from the Petro fund account to make grants pursuant to M.S. 116J.554. The Grantee has made application to the Grantor for a Contamination Cleanup Grant described in Grantee's "APPLICATION" for the Gateway Business Center Site, which is incorporated into this agreement by reference. In consideration of mutual promises set forth below, the parties agree as follows: The Grantor shall grant to the Grantee the total sum of SIX HUNDRED THOUSAND DOLLARS ($600,000), which are state funds appropriated by the legislature of the State of Minnesota. The breakdown of the total .grant amount is as follows: $279,777: Remediation Fund, Fund 331, Org 1404, App 101. $320,223: General Fund, Fund 100, Org 1404, App I G6. Funds made available pursuant to the Agreement shall be used as "PROJECT COSTS" defined in M.S. I 16J.552, subd. 7, for purposes speeified therein and incorporated into the Agreement as "PROJECT" and specified under "SPECIAL CONDITIONS". Grantee agrees to complete the Project in accordance with the approved budgct and within the time frames specified in the Application and Agreement. Any material change in the seope of the Project, the Budget or the Completion Date must be approved in writing by the Grantor. Funds made available pursuant to this agreement shall be used only for expenses incurred in performing and accomplishing such purposes and activities during the grant period described above. Notwithstanding all other provisions of this agreement, it is undcrstood that any reduction or termination of state funds provided to the Grantor may result in a like reduction to the Grantee. Wherc provisions of the Grantee's application are inconsistent with other provisions of this Agreement, the other provisions of this Agreement shall take precedence over the provisions of the Application. . current version, 06/2006 1 GENERAL CONDITIONS Accounting . For all expenditures of funds made pursuant to this Agrccment, the Grantee shall keep financial records including properly executed contracts, invoices, and othcr documents sufficient to evidence in propcr detail the nature and propriety of the expenditures. Accounting mcthods shall be in accordance with generally accepted accounting principals. PavmentlDisbursement Schedule Grantor shall disburse funds to the Grantee pursuant to this Agreement, based upon a payment request provided by the Grantor, submitted by the Grantee and reviewed and approved by the Grantor. Payment requests must be accompanied by supporting invoices that relatc to activities in the approved Cleanup Budget. The amount of grant funds rcquested by the Grantce cannot excecd 75% of the total approved cleanup costs incurred by the Grantee as supported by invoices. Term The Grantee shall perform and accomplish such purposcs and activities specified herein during the period of June 30, 2006 to June 30, 2009. In order to ensure that all funds are drawn prior to the grant term end date, all paymcnt requests must be received at least 30 days prior to the grant term end date. Reporting . Grantee shall submit to the Grantor a report on the distribution of funds and the progress of the Projcct covered from the date of the grant award through June 30 of cach year. The reports must be received by DEED no later than July 25 of each year. Thc report shall identify specific project goals listed in the application and quantitatively and qualitatively measure the progress of such goals. The report shall include data collectcd on the Projcct for use by the Dcpartment of Employment and Economic Development. Reporting forms will be provided by the Grantor. Provisions for Contracts and Sub grants The Grantee shall includc in any contract and sub grant, in addition to provisions that define a sound and complete agreement, such provisions that requirc contractor and subgrantec compliance with applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors performing work covered by this grant be in compliance with all applicable OSHA regulations, especially the federal Hazardous Waste Operations and Emergency Responsc Standards (29CFR 19 I O. 1 20 and 29CFR 1926.65). Program Income Program income generated from grant-funded activities on hand at the end of the grant period must be returne. to the State unless a reusc of the income has been approved by the Grantor. current version, 06/200fi 2 Termination and Cancellation .Termination by the Statc. The Grantor or commissioner of Administration may cancel this agrcement at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Ifthe Grantor finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not bc fulfilled, the Grantor may take action to protect thc intcrcsts of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds alrcady disbursed. Termination for Insufficicnt Funding. The Grantor may immcdiately terminate this agreement ifit docs not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantec. The Grantor is not obligated to pay for any scrvices that are provided after notice and effective date of termination. However, the Grantee will be entitled to paymcnt, determined on a pro rata basis, for scrvices satisfactorily pcrformed to thc extent that funds are available. The Grantor will not be assessed any penalty if the agrcement is tcrminated because of the dccision of thc Minnesota Legislature, or other funding sourcc, not to appropriate funds. The Grantor must provide the Grantee notice of the lack of funding within a reasonable time of the Grantor receiving that notice. Affirmative Action . Public Entity that receives State money for any reason is encouraged to prepare and implement an affirmative action plan for the employmcnt of minority persons, women, and the disabled and submit the plan to the Commissioner of Human Rights. Audit and Inspcction The Grantec shall furnish the Grantor with an acceptable independent audit covering each grant year in which grant disbursemcnts were made; and prepared in compliance with generally recognizcd audit standards. The audit shall include a schedule of revenue and expenditures of these grant funds. The audit must bc submitted within 30 days after the complction of the audit, but not later than onc ycar after the end of the audit period. Accounts and records related to the funds provided under this agrecment shall be accessiblc to authorized representatives of the Grantor for purposes of examination and audit. In addition, the Grantee will givc the State ofMinncsota, Department of Employment and Economic Development, the Legislative Auditor, and State Auditor's Office, through any authorized rcpresentatives, access to and the right to cxamine all records, books, papers, and documents rclatcd to the grant, for a minimum of six years from the end of the term of this Grant Contract. Liabilitv Grantee agrees to indemnify and save and hold Grantor, its agents and employees harmlcss from any and all .1aims or causes of action arising from the performance of the Grant by Grantec or Grantec's agents or mployec. This clause shall not be construed to bar any legal remedies Grantee may have for thc Grantor's failure to fulfill its obligations pursuant to this Agreement. cur::.-ent version G6/Z006 3 Amendments . Any amendments to this agreement shall be in writing, and shall be executed by cither the same parties who executed the original agrecment, their successors in office, or by those parties authorized by the Grantee through a formal resolution of its governing body. Antitrust The Grantee and Subgrantees hcreby assign to the Statc of Minnesota any and all claims for overcharges for goods and/or serviccs provided in connection with this contract resulting from antitrust violations which arise under thc antitrust laws of the United States and the antitrust laws of the State of Minnesota. Required Rcsolution and Certification Thc Grantee shall attach hereto, prior to submission, a resolution by the appropriate governing body, which legally authorizes the execution of this agrcement on behalf of the Grantee. Successors and Assignces This agreement shall be binding upon any successors or assignees of the parties. Other Provisions The Grantce shall comply with the Minnesota Government Data Practices Act, Chapter 13 and the Conflict Of. Interest provisions of Minnesota Statutes Sections 471.87 - 471.88. The Grantee shall comply with the Minnesota Business Subsidy Law, Minnesota Statutes I 16J.993 - 116J.995. SPECIAL CONDITIONS The following activitics and costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for Arden Hills Gateway Business Center: Approved Proiect Costs Soil Investigation Groundwater Investigation RAP Preparation Contaminated Soil RAP Implcmentation Oversight Demolition & Oversight Total Costs Amount $ 80,000 2,000 12,500 1,700,000 45,000 _135,000 $ 1,974,500 Proiect Revenue Sources DEED Grant City (Local Match) Total Revenues $ Amount 600,000 1,374,500 1,974,500 $ . current version, CE/2006 4 . Thc Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by its terms through thcir signatures entcred below. GRANTEE: I have read and I agree to all of the above provisions of this agreement. STATE OF MINNESOTA by and through the Departmcnt of Employment and Economic Development By By Title Title Deputy Commissioner Datc Date By ENCUMBERED: Department of Employment and Economic Development Title By Date . Datc Encumbered (Individual signing certified that funds have been encumbered as required by Minnesota Statutes 16A.) Grantee: City of Arden Hills Grant Agreement #: CCGP-06-0019-Z-FY06 Minnesota Tax ill: 9047998 Federal Tax ill: 41-6008992 U:\lJSERS\BCmCONCLEAN\Contaminatioo Cleanup\CleanupGranLfnn . current version, 06/2006 5 . . . TAX BASE REVITALIZATION ACCOUNT GRANTEE: City of Arden Hills I GRANT NO. SG006-0n ---- -- - ! PROJECT: Gateway Ccntcr ~-- --- -- GRANT AMOUNT: $200,000.00 FUNDING CYCLE: Spring 2006 -~--- ---- COUNCIL ACTION: June 28, 2006 END DATE: June 30, 2008 METROPOLIT AN LIVABLE COMMUNITIES ACT GRANT AGREEMENT THIS GRANT AGREEMENT ("Agrccmcnt") is made and cntcred into by the Metropolitan Council ("Council") and thc Municipality or Development Authority idcntified above as "Grantee." WHEREAS, Minnesota Statutes scction 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promotc the purposes of the Metropolitan Livable Communities Act and the policies of the Council's Metropolitan Developmcnt Guide; and \VlIEREAS, Minnesota Statutes sections 473.251 and 473.252 establish within the Metropolitan Livable Communities Fund a Tax Base Revitalization Account and require thc Council to use the funds in the account to make grants to Municipalitics or Dcvelopmcnt Authorities for the eleanup of polluted land in thc seven-county mctropolilan area; and WHEREAS, the Grantcc is a Municipality or a Dcvclopment Authority as defined in Minnesota Statutes section 473.252, subdivisions I and 1 a; and WHEREAS, the Grantcc seeks funding in connection with an application I(Jr Tax Base Revitalization Account funds submitted in rcsponse to the Council's notice of availability of grant nmds for the "Funding Cycle" identified abovc and will use thc grant funds made available under this Agrccment to help nmd the project identified in the application; and \VHEREAS, thc Council a\varded Tax Base Revitalization Account grant funds to thc Grantcc subject to any terms, conditions or clarifications statcd in its Council Action, and witb the under- standing that the project identified iu the application will proceed to completion in a timely manner and all grant funds will be expended prior to the "End Date" identified above. NO\V THEREFORE, in reliance on the above statemcnts and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and thc Council agree as 1()lIows: 1. DEFINITIONS 1.01 Definition of Terms. The terms defined in this paragraph havc the meanings given them in this paragraph unless othcrwise provided or indicated by the context. Page J of9 Pages Ilt'f TAX BASE REVITALIZA nON ACCOUNT (a) "Cleanup Costs" or "Costs" mcans: (I) For hazardous waste or substancc contamination, the cost of implementing a voluntary . response action plan approvcd by the Minnesota Pollution Control Agency under Minnesota Statutcs section 115B.175, subdivision 3. (2) For asbestos contamination, the cost of implcmenting a projcct-specific asbestos project plan for thc Site and performing asbestos-related work which is carried out by contractors or subcontractors licensed or certificd by the Commissioner of Health under thc Minncsota Asbestos Abatemcnt Act, Minnesota Statutes sections 326.70 to 326.81, in accordance with mles prescribed by the Commissioner of Health rclatcd to asbestos abatement and asbestos management activity, and meeting the federal Asbestos Hazard Emergency Response Act ("AHERA") standards for asbestos. 0) For pctroleum contamination, the cost of implementing a corrcctivc action plan for the Site approved by thc Minnesota Pollution Control Agency under Minnesota Statutes chaptcr 115C. (4) For lead abatement, the cost of lead abatement work performed by ccrtificd contractors consistent with all applicable fedcral and state laws, mles and standards governing lead abatcment or regulated Icad work on residential or commcrcial properties. (b) "Council Action" means thc action or decision of thc govcrning body of the Metropolitan Council, on the mceting date identificd at Page 1 of this Agreement, by which the Grantee was award cd Tax Base Revitalization Account grant funds. . (c) "Developnlent Authorily" means a statutory or homc rule charter city, a housing and redevelop- ment authority, an economic development autb01ity, or a port authority in thc metropolitan area as defIned by Minnesota Statutes section 473.121, subdivision 2. (d) "Municipality" means a statutory or home mle charter city or town participating in the Local Housing lnccntives Program undcr lvlinnesota Statutes section 473.254, or a county in the mctropolitan area as dcfincd by Minnesota Statutcs section 473.121, subdivision 2. (c) "Participating Municipality" means a statutory or home rule chm1er city or town that has elected to participate in thc Local Housing Inccntive Account program and negotiated affordable and life-cyclc housing goals for thc Municipality pursuant to Minncsota Statutes section 473.254. (f) "Project Cosls" means all costs as defined in Minncsota Statutes scction1 I 6J.552, subdivision 7. (g) "Site" means the polluted land proposed by the Grantee to be clcancd up and located both within the metropolitan area and within a Participating Municipality. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantce the "Grant Amount" identified at Page I of this Agrccment which shall be funds from the Tax Base Revitalization Account of the . Metropolitan Livable Communi tics Fund. Notwithstanding any othcr provision of this Agreement, the Grantee undcrstands and agrees that any reduction or tennination of Tax Basc Revitalization Page 2 of9 Pages 011 . . . TAX BASE REVITALIZATION ACCOUNT Account funds made available to the Council may result in a like reduction in the Grant Amount made available to thc Grantee. 2.02 Authorized Use of Grant Funds. The Grant Amount made available to the Grantee undcr this Agreement shall bc used only for Cleanup Costs for the cleanup of the Site described in the application for Tax Basc Revitalization Account funds. A project summary that identifies eligible uscs of the grant funds as approved by the Council is attached to and incorporated into this Agrccmcnt as Attachment A. Grant funds must hc used for clcanup of thc Site which must be located in a Participating Municipality. If consistent with the application and subjcct to thc limitations in Minnesota Statutes section 1 16J.556, the Grantee may use the grant funds to providc a portion of the local match requirement for Project Costs that qualify for a grant under Minnesota Statutes scctions I 16J.551 to 116J.557. Grant funds must be used for costs dircctly associated with the specific pro-posed activities for which the grant funds were awarded and shaH not be used for "soft costs" such as: administrative overhead; travel expenses; legal fees; local pennits, licenses or authorization fees; costs associatcd with prcparing grant proposals or applications; operating expenscs; planning costs, including comprehensivc planning costs; and proratcd lcase and salary costs. Grant nmds may not bc used for costs of activities that occurred prior to the grant award, unlcss thc pre-award costs were for invcsti-gation and clcanup work that occUfrcd within 180 days of the Funding Cyelc application due date and are identified in Attachment A. The Council shall bear no responsibility for cost overruns which may bc incurrcd by the Grantee or others in the implementation or perfonnance of the project activities. The Grantee agrees to comply with any "business subsidy" rcquiremcnts of Mirmesota Statutes sections 1 l6J.993 to 116J.995 that apply to the Grantcc's cxpenditures or uses of the grant funds. 2.03 Eminent Domain Restrictions. On January 25, 2006 the Council adopted a policy that restrictcd the usc of LCA grant funds on projects when eminent domain authority was used to acquire private propcrty for "economic development" purposes in connection with the projects. The Council's policy defined the tenn "economic devclopment" for LeA program purposcs and covcrs the time period from January 25,2006 to June 28, 2006. On June 28, 2006 the Council adopted a revised cminent domain policy that is consistent with the statutory definitions and restrictions contained in Minncsota Statutes chapter 117 as amended (effective May 20, 2006) during the 2006 Icgislativc session. The revised policy applics to LCA grant awards and grant ab'fccmcnts made on or after June n, 2006. The Council's January 25, 2006 and June 28, 2006 eminent domain policies arc availahle online at: http://www.metrocouncil.org/servicesllivcomm/EminentDomainPolicy.htm. (a) If a noticc of petition was served between January 25, 2006 and May 20,2006 in connection with the Grantee's project (or any component of the project) for which grant funds were awarded, thc grant funds may not be used to nmd or support thc project unless thc projcct: (I) would bave bcen eligible under the Council's January 25,2006 policy; or (2) qualifies for an exemption under Minnesota Statutcs scction 117.012, subdivision 3 or 2006 Minncsota Laws chapter 214, scction 22, clauses (b) through ( e). (b) If a notice of pctition was served on or alter May 20, 2006 in connection with the Grantee's project (or any component of the project) for which grant funds were awardcd, the grant funds may not be used to fund or support the projcct unless the projcct qualifics for an exemption under Minncsota Statutes section] 17.012, subdivision 3 or 2006 Minnesota Laws chapter 214, section 22, clauses (b) through (e). Page 3 oJ9 Pages rrr TAX BASE REVITALIZATION ACCOUNT 2.04 Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds, including any grant funds that are not cxpcnded prior to the End Date identified . at Page I of this Agrcemcnt; any grant funds that are not uscd for the authorized purposes; and any interest earnings described in Paragraph 2.06 that are not used for thc purposcs of implemcnting the project activitics described in Attachment A. For the purposes of this Agreement, grant funds arc "expcnded" prior to the End Date if the Grantec pays or is obligated to pay for expenses of eligible project activities that occurred prior to the End Date and thc cligible expenses wcrc incurred prior to the End Date. Unspent or unused grant funds and other funds rcmitted to the Council shall revert to the Council's Tax Base Revitalization Account for distribution through application proccsses in future Funding Cycles. 2.05 Payment Request Forms and Disbursements. The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewcd and approved by the Council's authorized agcnl. Written disbursement requcsts shall be made using paymcnt request forms, the form and content of which will be dctcrmined by the Council. Payment request and othcr reporting ]()]111S are availahle onlinc at: http://www.metrocouncil.org/services/livcomm/LCAresources.htm. Disbursements prior to thc perionnance of a project acti'vity will be subject to ternlS and conditions mutually agreed to by thc Council's authorizcd agent and the Grantee. Subject to verification of cach payment request fonn and approval hlr consistency with this Agreemcnt, thc Council will disburse a requestcd amount to the Grantcc within two (2) weeks after reccipt of a propcrly completcd payment rcquest !<.mn. 2.06 Interest Earnings. If thc Grantee earns any interest or other incomc from the grant funds received from the Council under this Agreement, the Urantcc will use the intercst carnings or . income only for the purposes of implementing thc project activities describcd in Attachment A. 2.07 Effect of Grant. Issuancc of this grant ncither implies any Council rcsponsibility for the contamination at the Sitc nor imposes any ohligation on the Council to participate in the cleanup of thc Site contamination or in the Cleanup Costs bcyond the Grant Amount of this Agreement. III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrccs to establish and maintain accurate and completc accounts and records relating to the reccipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of Paragraphs 5.0] and 5.02, such accounts and records shall be kcpt and maintained by the Grantce for a period of six (6) years following thc completion of the project activitics dcscribed in Attachmcnt A or six (6) years f()lIowing the expenditurc of the grant funds, whichever occurs earlier. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall bc audited in the same maimer as all other accounts and records of the Grantee arc audited and may be auditcd or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to thc Grantee, lor a period of six (6) years f()llowing thc completion of the project activities or six (6) years following the expenditurc of the grant funds, whichever occurs carlier. Pursuant to Minnesota Statutes section 16C.05, subdivision 5, the books, records, documents and accounting procedures and practices of thc Grantee that are relevant to this Agreement are subject to examination by thc Council and either the Legislative Auditor or thc State Auditor, as appropriate, for a minimum of six (6) years. . Page 4 0/9 Pages ~ . . . TAX BASE REVITALIZATION ACCOUNT 3.03 Rcport Requirements. The Grantee will report to the Council on the status of the project activities described in Attachment A and the expenditures of the grant funds. Submission of properly completed paymcnt requcst forms required under Paragraph 2.05 will constitute periodic status reports. The Grantee also must complete and submit to the Council within sixty (60) days after thc terrnination or expiration of this Agrccment a final monitoring and cvaluation report, thc fonn and content of which repOli will be determined by the Council. In addition to the periodic statuo repOlis and the final monitoring and evaluation report, the Grantee must submit to the Council by March 1 of thc ycar following thc expiration of this Agreement and by March I of each of the succeeding three (3) years, an annual written report that includes infornJation about redevelopment activitics, net tax capacity of the Site, and jobs rcsulting from Sitc cleanup. If the projcct activitics described in Attachment A are not completed when this Agreement expires, the Grantee must continue to submit thc arillual written report described in the preceding sentence: (a) until the project activities are completed and for thrcc (3) years after thc projcct activities arc completed; or (b) for five (5) ycars following the expiration of this Agrcemcnt, whichever time period is shorter. The form and content of thc annual writtcn repoli will be detem1ined by the Council. The reporting require- mcnts of Paragraphs 3.03 and 3.04 shall survive the temlination or expiration of this Agreement. 3.04 Certificate of Completion. Upon completion of the Site cleanup, the Grantee will provide to the Council: (a) f()r hazardous waste or substance contamination, a copy of a eeliificate of completion f(,r the Sitc issued by the Minnesota Pollution Control Agcncy pursuant to MirUlcsota Statutcs scction 1158.175, or a letter from the Agency indicating that the approved voluntary response action plan for the Sitc has been implemented to thc satisfaction of the Agency and that the Agcncy is issuing a dctcrn1ination that no further action is required under Minnesota Statutcs sections 115B.01 to I] 5H.08 to address the identificd rclcasc; or (b) for asbestos contamination, a copy of a statement from the Grantee's licenscd asbcstos abatc- ment contractor that the project-specific asbestos project plan and asbcstos-related work for the Sitc have been completcd in accordancc with the rules ofthc Mirmcsota Dcpartmcnt ofHcaIth; or (c) for petroleum contamination, a copy of a site clooure lettcr issued by the Minnesota Pollution Control Agency pursuant to Minnesota Statutcs chapter] 15C; or (d) for lead abatcment or rcgulatcd Icad work, a copy of a statcmcnt or othcr documcntation from thc certitlcd contractor that the lead abatement or regulatcd lead work at the Site has been completed in accordance with applicable federal and state laws, rules and standards governing lead abatcment. IV. RECOVERY AND REPAYMENT 4.01 Recovery of Funds. If the Grantee recovcrs funds pursuant to an action under Minnesota Statutes section 115B.04, or other law, to recover the reasonable and necessary Project Costs incurred to cleanup thc Site, thc Grantee shall repay to the Council that portion of the grant as provided in Paragraph 4.04. 4.02 Assignmcnt of Rights. Upon request of the Council, the Grantee shall assign to the Council the Grantee's right to recover the funds desclibed in Paragraph 4.0 I, shall prepare and submit a ceriitication of the Project Costs incurred, and shall cooperate in any cost recovery action brought by the Council. Page 5 0/9 Pages lXf TAX BASE REVITALIZATION ACCOUNT 4.03 Expenses of Recovery. The reasonable litigation expenses or other costs of legal or technical assistance incurred by the Grantee, the Council, or both, may be deducted from recovery obtained in . accordance with Paragraphs 4.01 or 4.02 and reimbursed to the entity incurring such costs before proceeds of the re<:overy arc distributed in accordance with Paragraph 4.04. 4.04 Reimbursement. Subject to the deduction provided in Paragraph 4.03, amounts recovered either by the Grantee or the Council from rcsponsihle persons and all other amounts otherwise received by the Grantee or the Council for cleanup of thc Site shall bc used to reimburse the Grantce, the Council, or any other nonresponsible party who contributed funds for cleanup of the Site in proportion to thcir respective paymcnts for response costs. 4.05 Survival of Recovery and Repayment Provisions. The provIsIons of Paragraphs 4.01 through 4.04 shall survive the expiration or termination of this Agreement. V. AGREEMENT TERM 5.01 Term. This Agreement is effcctive upon exccution ofthc Agreement by the Council. Unless terminated pursuant to Paragraph 5.02, this Agreement terminates on the End Date identified at Page I ofthis Agreement and ALL GRANT F'UNDS NOT EXPENDED BY THE GRANTEE PRIOR TO TIlE END DATE SHALL REVERT TO THE COUNCIL. 5.02 Termination. This Agrcement may bc tcrminated by the Council for causc at any time upon fourtccn (14) calendar days' written notice to the Grantee. Causc shall mean a material breach of this Agreemcnt and any amendments of this Agrccment. Ifthis Agreement is tCl1ninatcd prior to the End Date, thc Grantee shall reccive paymcnt on a pro rata basis j()r eligible project activities describcd in Attachment A that have been completed prior to the termination. Temlination of this Agrccmcnt does not alter the Council's authority to recover grant funds on the basis of a latcr audit or other rcview, and does not alter the Grantcc's obligation to return any grant funds due to the Council as a result of later audits or corrections. Ifthc Council dctcrnlines the Grantee has failcd to comply with the terms and conditions of this Agreement and the applicable provisions of the Metropolitan Livable Communitics Act, the Council may takc any action to protect thc Council's interests and may refusc to disburse additional grant funds and may require thc Grantee to return all or part of the grant funds already disbursed. 5.03 Amendments and Extensions. The Council and thc Grantce may amend this Agrecmcnt by mutual agreement. Amcndments or extcnsions of this Agreement shall be effective only on thc cxecution of wlitten amendmcnts signed by authOlizcd representatives of the Council and the Grantcc. The End Date may be extendcd beyond the original End Datc identified at Page I of this Agreement if~ AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO TIlE END DATE, the Grantee's authorized reprcsentative submits a written extension request that: (a) states the reason for the extension request: (b) identifics a new completion date, which shall not exceed one year beyond the original End Datc; and (c) describcs in reasonable detail any proposed changes to the projcct activities and budget. THE END DATE MAY BE EXTENDED ONLY ONCE. TIlE PERIOD OF THE ONE-TIME EXTENSION SHALL NOT EXCEED ONE (l) YEAR BEYOND THE ORIGINAL END DATE IDENTIFIED AT PAGE 1 OF THIS AGREEMENT. Any additional extcnsion requests from the Grantee must be approved by the goveming body of the Metropolitan Council. Page 6 of9 Pages . . (1( . . . TAX BASE REVITALIZATION ACCOUNT VI. GENERAL PROVISIONS 6.01 Equal Opportunity. The Grantec agrees it will not discriminate against any employee or applicant for cmployment because ofracc, color, creed, religion, national origin, sex, marital status, status with rcgard to public assistance, membcrship or activity in a local civil rights commission, disability, sexual oricntation or age and will take affirmative action to insure applicants and employecs arc trcated equally with respect to all aspects of employment rates of pay and other fornls of compensation, and selection for training. 6.02 Conflict of Interest. The members, officcrs and employces of the Grantee shall comply with all applicable state statutory and regulatory conflict of intcrest laws and provisions. 6.03 Liability. Subject to thc limitations provided in Minnesota Statutes chapter 466, to the fullest extent pcrmittcd by law, the Grantee shall dcfcnd, indcmnify and hold hannlcss the Council and its mcmbers, employees and agents from and against all claims, damages, losses and cxpenses, including but not limited to attol11eys' fecs, arising out of or resulting from the conduct or implementation of the project activities funded by this grant, exccpt to the extent the claims, damagcs, losses and cxpenscs arise ii'om the Council's own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to thc Minncsota Environ-mental Response and Liahility Act (MERLA). Minnesota Statutes chapter 115B, the federal Comprehensivc Environ- mental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, scctions 9601 el seg., and the federal Resource Conscrvation and Rccovcry Act of 1976 (RCRA) as amendcd. United States Code, title 42, sections 690 I et seg. This obligation shall not be construcd to negate, abridge or otherwise reducc any other right or obligation of indcmnity which otherwise would exist betwcen the Council and the Grantee. The provisions of this paragraph shall survive thc lcl111ination of this Agreement This indemnification shall not bc construed as a waiver on the part of eithcr thc Grantce or the Council of any immunities or limits on liability provided by l'vlinncsota Statutes chapter 466 or other applicable state or fcderallaw. 6.04 Acknowledgmcnts. The Grantee shall acknowlcdgc thc financial assistance provided hy tbe Council in promotional materials, press releases, reports and publications relating to thc projcct activities descrihed in Attachmcnt A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following language: Financing for this project was provided by the Metropolitan COlincil Metropolitan Livable Communities Fund. Until the project activities funded by this Agrccmcnt arc completcd, thc Grantee shall ensure the above acknowledgmcnt languagc, or altel11ative language approved by the Council's authorizcd agcnt, is included on all signs located at project or construction sites that identify project funding partners or entities providing financial support for the projcct. 6.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicablc local, state or federal liccnses, pennits, honds, authorizations or approvals necessary to perf 01111 or complete the project activities describcd in Attachment A. 6.06 Subgrantees, Contractors and Subcontractors. The Grantee shall includc in any subgrant, contract or subcontract for project activitics appropriatc provisions to cnsure sub grantee, contractor and subcontractor compliance Witll all applicablc state and federal laws and this Agreement. Along with such provisions, the Grantee shall require that contractors and subcontractors pcrforming work Page 7 o{9 Pages (if( TAX BASE REVITALIZATION ACCOUNT covcrcd by this grant obtain all required permits, liccnscs and ccrtifications, and comply with all applicable state and federal Occupational Safety and Health Act regulations, especially the federal . Hazardous \Vaste Operations and Emergency Response standards undcr Code of Federal Regulations, title 29, sections 1910.J20 and 1926.65. 6.07 Stormwater Discharge and Water Management Plan Requirements. If any grant funds are used for urban site rcdcvelopmcnt, the Grantec shall at such rcdevelopment site meet or require to be met all applicable requiremcnts of: (a) fedcral and state laws relating to stormwater discharges including, without limitation, any applicable requirements of Code of Federal Regulations, title 40, parts 122 and 123; and (b) the Council's 2030 Water Resources Management Policy Plan and thc local water management plan for thc jurisdiction within which the redevelopment site is located. 6.08 Authorized Agent. Paymcnt request forms, writtcn reports and correspondence submitted to the Council pursuant to this Agreemcnt shall be directed to: Mctropolitan Council Atln: LCA Grants Administration 390 Robert Strect North Saint Paul, Minnesota 55101-1805 6.09 Warranty of Legal Capacity. Thc individuals signing this Agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantec's and the Council's . behalf respectively that thc individuals are duly authorizcd to execute this Agreement on the Grantee's and the Council's behalf respectively and that this Agreemcnt constitutes the Grantee's and thc Council's valid, binding and enforccable agreements. IN WITNESS WHEREOF, the Grantcc and the Council have caused this Agreement to bc executed by thcir duly authorizcd rcpresentatives. This Agrecment is ctfcctive on the date of final cxccution by the Council. GRANTEE METROPOLITAN COUNCIL By By Dircctor, Housing and Livable Communitics Title Date Date By Title Datc . SGOC60t':!TBRA 07/0(; Page 8 uf9 Pages n1 . . . TAX BASE REVITALIZATION ACCOUNT ATTACHMENT A APPLICATION FOR TAX BASE REVITALIZATION ACCOUNT FUNDS This attachment compriscs this page and thc succccding page(s) which contain(s) a summary of the project identified in the application for Tax Basc Revitalization Account grant funds submittcd in response to the Council's notice of availability of Tax Base Revitalization Account grant funds for the Funding Cycle identified at Page I of this Agreement. The summary reflects the proposed project f<.lr which thc Grantcc was award cd grant funds by thc Council Action, and may reflect changes in project funding sources, changcs in funding amounts, or minor changes in thc proposed projcct that OCCUlTed subsequent to application submission. The application is incorporated into this Agreement by referencc and is made a part of this Agreement as follows. If the application or any provision in thc application conflicts with or is inconsistcnt with thc Council Action, other provisions of this Agreement, or the project summary contained in this Attachment A, the terms, descriptions and dollar amounts reflected in the Council Action or contained in this Agreement and thc project summary shall prevail. For the purposes of resolving conflicts or inconsistencies, thc ordcr of precedence is: (l) the Council Action; (2) this Agreement; (3) the project summary; and (4) the grant application. Page 9 of9 Pages Y\'l Gateway Center - Arden Hills - (69 points) 50 I West Lawson Avenne, Arden Hins-Ramsey County (NE corner ofJ-35W and 1-694) Council District # 10 - Kris Sanda Estimated clean up cost: $1,839,500 Recommended TERA funding: $200,000 TER"- fnnding request: $200,000; DEED $600,000; Ramsey County $50,000 Use ofTER"- funds: Soil remediation. End use: Two 8-810ry office buildings - 480,00 sq. ft. 23.5 aerc site $76,5C10,ClOO investment $1.9 lnillion increase in annual property taxes 400 new Jobs (lOCI% living wage) The Gateway Center project is located at 50] West Lawson Avenue (NE corner ofI-35W and 1-694) in Arden Hins. The building on the site first was used as a rendering plant, then to manufacture foam insulation and most recently by A TS Steel as a facility for cutting and grinding operations. Costs eligible for TBRA reimbursement mcIude investigation, RAP preparation/oversight and cleanup costs related to soil and ground water contamination. Funding requests include $200,000 TBR.A, $600,O()() DEED and $50,ClO() from Ramsey County. The end use is to be two 8-story office buildmgs (480,()()CI sq ft.) and campus on the 23.5 acre site. Total investment in the project is $76,5()O,OOO. A.n increase of $1.9 million in annual property' taxes expected) as is the creation of 400 neVil living-wage jobs_ . . . .n(