HomeMy WebLinkAbout4B, Approve Planning Case 08-032
.
_lEES
Request for Council Action
~
Prepared By: Meagan Beekman, City Planner
Council Meeting Date: November 24, 2008
Request for a Five Year Extension for the Temporary Walkway on the Boston
Scientific Campus
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
Approve Planning Case 08-032 for a five year extension of the use of the temporary
walkway between Building 10 and Building 3 on the Boston Scientific Campus.
..............~.....~~.........~~~..~..~..........................................~~...._......""'"~..........---.........~~...............................~...............................................................................................................................................................................~.................................................~........................~..........................................................................................................................................................~.......................................................................................-........~.................~..............~~
Supporting Documents:
1. November 24, 2008, memo to the City Council
2. Application and Supporting Documents
3. Original Terminate Use Agreement
4. Boston Scientific Campus Map
5. Site Plans of the Existing Walkway
~
~HlLLS
MEMORANDUM
DATE: November 24, 2008
TO: Mayor & City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #08-032
Temporary Walkway Extension Request
Boston Scientific
4100 Hamline Avenue
ReQuest
Approve Planning Case 08-032 for a five year extension ofthe use ofthe temporary walkway
between Building 10 and Building 3 on the Boston Scientific Campus.
Backl!round
On February 23, 2004, the City Council approved a Site Plan for Guidant Corporation to
construct a temporary walkway between Building K and Building J (these buildings are now
referred to as Building 10 and Building 3). The purpose ofthe walkway was to provide a
sheltered and safe crossing for employees traversing Innovation Way between the two buildings.
At the time of approval it was planned that within five years an addition would be added to
building J and a skyway constructed that would eliminate the need for the temporary walkway.
An agreement was drafted and signed between Guidant Corporation and the City of Arden Hills
that outlined the time table for the removal ofthe walkway (Attachment A). The temporary
walkway is set to expire on February 1, 2009.
Due to the acquisition of Guidant Corporation by Boston Scientific, the planned construction of
the Building J addition has been postponed. The building additions and skyway remain part of
the approved Master Plan for the property and are part ofthe future plans of Boston Scientific;
however, the temporary walkway is needed until the skyway can be constructed. Because of
this, Boston Scientific is requesting a five year extension on the use ofthe temporary walkway.
City of Arden Hills
City Council Meetingfor November 24,2008
I IMetro-inet.uslardenhillsIPlanningIPlanning Cases 12008 \08-032 Boston Scientific Walkway Extension \112408 - CC Report - Boston Scientific
Temporary Walkway Extension.doc
Page 1 of3
If the skyway is constructed prior to the five year deadline the walkway would be required to be
removed at that time.
There is a water main that runs along the west side of Innovation Way. The original agreement
states that if the water main needed any maintenance or repair, Guidant would be required to
remove that portion of the walkway as necessary to access the water main. This would remain
part of the agreement. The only amendment to the agreement at this time is the date on which
the walkway would need to be removed by.
Recommendation
Ifthe agreement expires Boston Scientific would be required to remove the walkway. While it is
a temporary feature, and a skyway would clearly be a better option in that area, the walkway
does offer sheltered crossing for Boston Scientific employees. Additionally, the presence of the
walkway, and the painted pedestrian crossing connecting it, funnels the pedestrian access to a
single area and provides pedestrian safety from vehicles.
Staff is recommending approval of Planning Case 08-032 for a five year extension of the
temporary walkway located on the Boston Scientific property subject to the following
conditions:
1. The Agreement to Terminate Use between the City of Arden Hills and Cardiac
Pacemakers Inc. (now known as Boston Scientific) would continue to apply and only
the date for the removal of the walkway shall be amended.
2. All previous conditions of approval shall continue to apply.
Options
1. 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
The Terminate Use Agreement will expire unless an extension is approved.
City of Arden Hills
City Council Meetingfor November 24,2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-032 Boston Scientific Walkway Extension \112408 - CC Report - Boston Scientific
Temporary Walkway Extension.doc
Page 2 of3
Attachments
A - Application and Supporting Documents
B - Original Terminate Use Agreement
C - Boston Scientific Campus Map
D - Site Plans of the existing walkway
City of Arden Hills
City Council Meetingfor November 24,2008
I IMetro-inet.uslardenhillsIPlanningIPlanning Cases\2008108-032 Boston Scientific Walkway Extension\112408 - CC Report - Boston Scientific
Temporary Walkway Extension.doc
Page 3 of3
Attachment A
Application and Supporting Materials
from the Applicant
~
~HILLS
November 24, 2008, City Council Meeting
.
_HItU
1245 West Highway 96
Arden Hills, Minnesota 55112
Telephone (651) 792-7800
Fax (651) 634-5137
www.ci.arden-hills.mn.us
Planning Case No. \ l 08- O~z..
Submittal Date \\ 5 oe
Application Completed Date \ \ ~ b
Accepted by
Receipt Number
Council Decision
Council Decision Date
2008 LAND USE APPLICATION
Applicant Information
:::~:::;: ~~=A~€ ~,
Telephone No.: 6 '51.. ~'Z "'Z'I63 Other:
Fax No.: ~51- ~1" ~21~
Email Address: ~t:. ~~~'i? h.s~i .O:t^
Address of Propert
Legal Description:
Property ID No.:
Type of Use:
Zone:
l\6 ~ Mft.. ! ~~
Property Acreage:
Type of ReQuest*
o Rezoning ($450)
o Site Plan Review (Sign or Fence) ($250)
o Vacation of Easement or Right-of-Way ($300)
o Apportionment of Assessments ($30)
o Comprehensive Plan Amendment ($450)
o Conditional Use Permit or Amendment ($350)
o Final Plat ($200+ $25 per lot)
o Master Planned Unit Development ($600+escrow)
o Final Planned Unit Development ($200)
o Planned Unit Development Amendment ($350)
o Zoning Code Amendment ($450)
~Land Use Requests - Not Already Specified ($150)
o Appeal of Administrative Decision ($75)
o Minor Subdivision (lot split/consolidation) ($325+escrow)
o Preliminary Plat ($400 + $25 per lot + escrow)
o Variance (Zoning Code) ($325)
o Site Plan Review ($400)
Revised: 12-12-07
Page 1 of3
*Certain applications are subject to review
and approval by the Rice Creek Watershed
District. Contact RCWD directly at 763-
398-3070 for additional information.
*The land use application fees do not cover
building, sign, or other permit fees that may
be required upon approval of a land use
application.
* All applications may be subject to
additional fees for reimbursement of
consultant costs associated with filing,
reviewing, and processing of application in
the'form of an escrow to the City.
Brief Description of Request (olease also include a tvoed. detailed letter exolainina the oroiect):
~Ff: ~A~~.
FilinQ & Information ReQuirements
The City requests that you make a pre-application meeting with the City Planner to discuss the
application process, requirements, and deadlines. Unless waived by the City Planner or Planning
Commission, a certified survey of the property is required for all applications. The Planning Commission
and/or City Council may still require a certified survey. A checklist for other required information is also
available.
Complete/Incomplete Applications
An incomplete application will delay the processing of land use requests. The application approval time
commences and an application is considered officially filed when the City Planner has received and
examined the application and determined that the application is complete. A decision on whether the
application is complete or incomplete shall be made within fifteen (15) working days following the
submittal of the application. When the application is deemed to be "complete" it shall be placed on the
agenda of the first possible Planning Commission meeting provided that al required public notices have
been sent and published.
Payment of Fees
The undersigned acknowledges that she/he understands that before a land use application can be
deemed complete, all required information and fees (including all deposits) must be paid to the City. If
additional fees are required to cover costs incurred by the City, the City Planner has the right to require
additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such
expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to
consultants and other professionals, and the cost of printing, mailing, and supplies. The City may
withhold final action on a land use application, withhold building permits, and/or rescind prior action until
all miscellaneous fees have been paid. Applicants are advised that an escrow deposit is required at the
time of the submittal of the land use application to offset costs associated with the proposed project.
Unused portions of an escrow are returned to the applicant upon successful implementation of an
approved plan.
Notice of MeetinQ Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a
designated representati\e must be present at the scheduled meeting. If not, the matter may be tabled
until the next available agenda.
Revised: 12-12-07
Page 2of3
Agenda Deadline and Meeting Schedule
The deadline for submittal of land use applications is required according to the schedule outlined below.
There are no exceptions. Planning Commission meetings are typically held on the first Wednesday of
each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council
meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the
Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112,
unless otherwise stated. Applicants are advised that additional meetings and/or workshops are
scheduled when necessary upon approval of the Planning Commission.
2008 SCHEDULE (*subject to change)
TENTATIVE
PLANNING
COMMISSION
MEETING*
{Generally held on the
first Wednesda at 6:30 p.m.
TENTATIVE
CITY COUNCIL
MEETING
DATE*
{Generally held on the
last Monda at 7:00 p.m.
Acknowledaement and Sianature
I acknowledge that I have read all of the information listed in the City of Arden Hills Land Use Application
and fully unders nd that I am responsible for all costs incurred by the City related to the processing of
thi a plication.
2.'1- ocr fOB
Date
Applicant Signature (If different than the property owner)
Date
Please contact the City Planners Office at (651) 792-7800
if you have any questions regarding this application.
Additional copies of this application form are available on the City's website:
htto://www.ci.arden-hills.mn.us
Revised: 12-12-07
Page 3 of3
MEMORANDUM
COMM. NO.:
CLIENT:
PROJECT:
6131.022.01
Boston Scientific Company
Arden Hills Planning Case #04-04
SUBJECT:
MEMO BY:
DATE:
Boston Scientific Temporary Walkway
Judd Brasch
31 October 20087
ATTENTION:
COPY:
James Lehnhoff
Lome Rothbauer
File (4)
Arden Hills
BSC CRM
Boston Scientific is requesting an extension for use of the T emporary Walkway
connecting Building 10 and Building 3 to the edge of Innovation Way (formerly
Femwood Avenue).
The walkway was approved as a temporary link to provide a safe and comfortable
pedestrian connection between Building 10 and Building 3 (formerly E and Training
Center, respectively). This connection provides an enclosed, heated path across a portion
of the Boston Scientific Campus. It also reduces the need for a larger shuttle bus service
between buildings during winter weather.
The structure was intended to be used by Guidant employees until a permanent skyway
structure was constructed with the next phase of building. The acquisition by Boston
Scientific has delayed the next anticipated construction phase.
We are requesting a five year extension of use of the temporary walkway. The master
plan would remain as approved with no new building or parking modifications requested
at this time. Boston Scientific would adhere to the conditions listed in the 2/23/04 staff
report under planning case 04-04 that was approved On 3/8/04.
JAB:
P:Corporate\Boston Scientific \Arden Hills\Building 1 O\tempwalkway\Documentation \04 Code
Regulatory\MEMOjab 1 00308.doc
Attachment B
Original Terminate Use Agreement
~
~HlLLS
November 24, 2008, City Council Meeting
,.
I
\,,'
AGREEMENT TO TERMINATE USE
CITY OF ARDEN HILLS
CARDIAC PACEMAKERS, INC.
1.0 PARTIES. This Agreement is dated the2&d day of _Fehua.oL-, 2004 and is
entered into by and between the CITY OF ARDEN HILLS, a Minnesota mUnicipal
corporation (herein "City") and CARDIAC PACEMAKERS. INC.. a Minnesota
corporation~ its successors and assigns (herein 4IGuidanf')
2.0 RECITALS
A. On th~ay of UlJJlItO. ,2003, the City authorized the issuance of a
Planned Unit Development Permit for Guidant.
B. The Planned Unit Development Permit described in detail the construction
which was authorized on property occupied by Guidant (the "Guidant
Property") in the City.
c. After approval and execution of the Planned Unit Development Permit,
Guidant constructed a grade level covered walkway (the 'Walkway") on a
portion of the Guidant Property without a building permit and in violation of
the terms of the Planned Unit Development Permit.
D. A portion of the Walkway was constructed over a City watermain (the
'Walkway Watermain Encroachment").
E. The City has agreed to allow the Walkway and the Walkway Watermain
Encroachment to remain. temporarily on the Guidant Property pursuant to
the terms and conditions of this Agreement.
3.0 TERMS AND CONDITIONS. Now, therefore, the parties agree as follows:
A. Removal of Walkway. The entire Walkway shall be removed at Guidant's
sole cost on or before the 1st day of February, 2009.
B. Removal of Walkway Watermain Encroachment. If the City, in its sole
discretion, determines that the City Walkway Watermain Encroachment
needs to be removed in order for the City to repair, replace o~ otherwise
maintain the City's watermain, it shall notify Guidant in the following
manner:
1. Emergency Repairs. In the case of emergency re()airs, the City
shall give telephone and/or e-mail notice tolhvld Re...imf>A:: . The
notice shall require removal of the Walkway Watermain
Encroachment within three (3) hours. Failure of Guidant to remove
.e j .
."
Encroachment within three (3) hours. Failure of Guidant to remove
the Walkway Watermain Encroachment within three (3) hours shalt
authorize the City and its contractors to remove the Walkway
Watermain Encroachment at Guidanfs sole cost and expense. The
City shall not be obligated to reconstruct the W~lkway Watermain
Encroachment. Guidant shall remit payment to the City within thirty
(30) days of the City's invoice.
2. Non-Emeraencv Repairs. The City shall give written notice to
~ID ~e.IM€.~ . The notice shall specify when the Walkway
Watermain Encroachment shall be removed. Failure of Guidant to
remove the Walkway Watermain Encroachment within the allotted
time shall authorize the City and its contractors to remove the
Walkway Watermain Encroachment at Guidant's sole cost and
expense. The City shall not be obligated to reconstruct the
Walkway Watermain Encroachment. Guidant shall remit payment
to the City within thirty (30) days of the City's invoice.
IN WITNESS WHEREOF, the City and Guidant have caused this Agreement to
be executed as of the date and year first above written.
CITY OF ARDEN HillS,
a Minnesota statutory city
ATTEST:
In the Presence of;
By:
By:
Printed Name:
Title:
~
..J
.~., .
, i
,t'
STATE OF MINNESOTA )
...E ) ss.
COUNTY OF 01Yt5eC~_)
. On this .aar~ay Of&bV',~ 2004, before me, a notary public within and
for said county, personally appeare Beverly Apllowski and Michelle Wolf, to me
known to be respectively the Mayor and City Administrator of the City of Arden Hills,
and they executed the foregoing instrument and acknowledge that they executed the
same by authority of and on behalf of City of Arden Hills.
STATE OF MINNESOTA
-:~le:1
)
) 58.
COUNTY OF Kl1.AS.Q-'!'1 )
. On this .J1l!day Of~, 2004, before me, a notary public witJlin and
for Said county, personally ~1"'ll.,.J aRCt-:~J the ~ t:.
and C t::D of Cardiac Pacemakers, Inc., a Minnesota corporation, and owner
of the above described property and heft executne foregoing instrument and
acknowledged that he/she/they execute t e~ same ~ehalf of said corporation. .
Notary Public
THIS INSTRUMENT W"AS DRAFTED BY:
PETERSON, FRAM & BERGMAN, P.A. (JPF)
50 East Fifth 81., #300
St. Paul, MN 55101
(651) 291-8955
F:\users\Janice\Jerry\Arden HUls\Guidant - Agreement to Tenninate Use - 2.wpd
Attachment C
Boston Scientific Campus Map
~
~HlLLS
November 24, 2008, City Council Meeting
Attachment D
Site Plans of Existing Walkway
~
~HILLS
November 24, 2008, City Council Meeting