HomeMy WebLinkAboutCCP 04-27-1987
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. AGENDA
Regular Council Meeting
Village of Arden Hills
Monday, April 27, 1987, 7:30 p.m.
Village Hall
1. Call to Order and Roll Call.
~2. Approval of Minutes of Regular Council Meeting, April 13, 1987.
~ ~~ Bu;iness from the Floor.
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~__lj~I~\J~' 4,. "etback Variances, 3290 Lake Johanna Boulevard (McCloskey).
~1>1 ( '5. '/Rezoning Application, Highway 96/Hamline (Jackson/Scott). , UAJ:::.~
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~'" 6. VGlenview Avenue Storm Sewer Reports - Barry Peters, Aill~ -
; , _Short-Elliott-Hendrickson; Robert Raddatz. _________
c7.~lenhill Road Reconstruction.
~ A. Final Draft, Joint Powers Agreement.
B. Resolution No. 87-20, RESOLUTION APPROVING PLANS AND SPECIFICATIONS,
,CLf10 - ORDERING ADVERTISEMENT FOR BIDS, AND ACCEPTING THE BID.
,.. ~\!.~rfei ted Property
~, ~~. A. Resolution No. 87-21, RESOLUTION RELATING TO FORFEITED LAND AND LAND
CLASSIFICATION.
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~ 9. L/Presentation/Progress Report: North Suburban Youth Services Bureau (David ~
-----Wilmes, Executive Director; George Marks, Board Chairman). ,
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~lo.l;R~port of Cable Committee Chairman Bill Bauer.
__ ,- A. Proportionate Representation, North Suburban Cable Commission.
~1. Public Safety/Works Committee Report
l.' \~ ' ~:~ Request for N~ Parking, South Side County Road E (Geriecki)
~ ' \/8. _ Request for Llght, Prior and Jerrold.
~ 0". House Numbering.-
~ 0. Recommendation re Fire Station 114. &;.J.Ur~"~I'_)
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12. Report of Public Works Supervisor Robert Raddatz.
v ~. A.~equest for Extension of Watermain (Old Highway 10). ~UJ ~ _
. ~. B. Request for Approval of Final Payment for Public Works Truck. 'i?"3,lr?7:>
~ . 13. Proposed Ordinance re Charitable Gambling (continued from March 30 Council
U ~__~ Meeting) .-t;;'J';"I..
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~ 14. Proposed Ordinance re ~nowmobiles/All Terrain Vehicles.
~ -~i.5.~ection of ArChit;C~~~ire Station 114 (continued from April 13 Council 4:
- _ Meeting).
--~~16. North Oaks Request for Joint Council Meeting (continued from April 13
,;j.:jir,' , Council Meeting).
- ~7. Co~il Appointments
(~ - A. Resolution No. 87-22, DESIGNATION OF DEPOSITORIES AND CORPORATION
, /AUTHORIZATION RESOLUTION
L f B. / Liaison to Planning Commission, Board of Appeals, Northwest Suburban
~ Youth Services
--~ 18\/Appointments to Planning Commission (Replacements for Councilmember
Winiecki, Tim Tuggle).
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19. Other Business
20. Report of Clerk Administrator Patricia J. Morrison.
Lfll . A. Confirmation of May Meeting Dates. -'5"/1)..1"
CLf"f B . Resolution No. 87-23, REAPPORTIONMENT OF ASSESSMENTS (MN. DIVERSIFIED ~
- ~PRODUCTS, INC. CONSOLIDATION WITH NAEGELE PROPERTY).
~\bC. Resolution No. 87-24, RESOLUTION PROCLAIMING MAY 10-16 MUNICIPAL
- CLERK'S WEEK.
~}D. Request for Closed Meeting, May 11, 7:00 to 7:30 p.m, Rob Plunkett.
=- $. Claims and Payroll. )
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21. Adjournment. {~'~\ / ~~""-
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. . MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING
Monday, April 13, 1987, 7:00 p.m. - Village Hall -"..,
CALL TO ORDER Pursuant to due call and notice thereof, Mayor Pro-Tern
Peck called the meeting to order at 7:00 p.m.
ROLL CALL The roll being called the fOllowinR members were
present: Mayor Pro-Tem Gary Peck, Councilmembers Thomas
Sather and Jeanne Winiecki. Also present were Planner Orlyn Miller, Parks
Director John BUCkley, Public Works Director Robert Raddatz, Clerk
Administrator Patricia Morrison and Deputy Clerk Catherine Iago.
CLOS ED MTG. Council discussed labor negotiations from 7:00 p.m. to
LABOR NEG'S 7:30 p.m.
APPT. MAYOR Moved by Sather, seconded by Winiecki, that
PRO-TEM Councilmember Peck be appointed to serve as Mayor
Pro-Tem. Motion carried unanimously. (3-0 )
OATH OF OFFICE Mayor Pro-Tem Peck administered the oath of office to
Councilmember Winiecki. Councilmernbers Peck and Sather
. welcomed Jeanne and offered their congratulations on
her appointment.
CASE #87-07; SUP. Mayor Pro-Tern advised Mrs. Schmidt had submitted a
. 1830 W. CO. RD. E letter, dated 4-13-87. withdrawing her application
H. SCHMIDT for the Special Use Permit and notifying the Village
that the property will comply with ZoninR Code
regulations effective May 1st.
CASE 1187 -09; Council was referred to the letter from the Board of
SETBACK VAR. Appeals Chair Barbara Piotrowski. dated 4-13-87,
3290 SANDEEN stating the Board had not heard this case.
After discussion, Council consensus was to continue this matter, to give the
Board an opportunity to hold a meeting and make a recommendation to Council.
Moved by Sather, seconded by Winiecki, that Case No.
87-09, Setback Variances for 3290 Sandeen Road, be held until the next regular
Council meeting of April 27th, so that the Board of Appeals has an Opportunity
to hear the application and make recommendation to Council. Motion carried
unanimously. (3-0)
REZONING; HWY 96 Council was referred to the letter, dated 4-7-87, re:
AND RAMLINE AVE. continuance of the rezoning due to the fact only three
JACKSON-SCOTT Councilmembers would be present at the April 13th
meeting and approval of a Rezoning requires four votes. It was Council
consensus that this matter be continued to the reRular Council meetinR of April
27th.
APPROVE MINUTES Sather moved, seconded by Peck, that Council approve
. the minutes of the ReRular Council meeting of March 30,
1987, as submitted. Motion carried. (Sather and Peck
voting in favor; Winiecki abstained) (2-0-1)
BUSINESS FROM FLOOR
NO PKING SIGNS Stephen Gericki, 1840 West County Road E, appeared to
LK. JOHANNA BLVD. di.scuss his request for no parking along the south side
of County Road E, from Lake Johanna Blvd. west to the
high voltage power lines.
Councilman Sather questioned if Arden Hills had jurisdiction OVer a County
road; he suggested Gericke contact Ramsey County.
. Gericke stated he had contac~ed the County and was advised to submit the
request to Arden Hills; the County would consider a recommendation from Arden
Hills relative to the signs.
Clark Adair, 3491 Lake Johanna Blvd., supported the no parking signs. He
explained that pedestrians walk in the traffic lane; emergency vehicle access
is also limited.
After discussion, Councii.concurred to refer this matter to the Public
Safety/Works Committee for study and recommendation. Council also reminded
residents that the no parking signs would apply to them also.
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I Minutes of the Regular Council Meeting, April 13, 1987
Page 2
REPORT OF PARKS DIRECTOR
SPRING/SUMMER Council was referred to memorandum from John Buckley
, PROGRAM LDRS. dated 4/9/87, recommending 1987 Spring/Summer Program
Leaders and Maintenance Personnel.
Sather moved, seconded by Winiecki, that Council
approve the Spring/Summer Program Leaders and Maintenance Personnel as outlined
in John Buckley's memorandum (4-9-87). Motion carried unanimously. (3-0)
ARBOR DAY Parks Director reminded Council of the Arbor Day
activities scheduled for April 25th.
REPORT OF PLANNER
CASE NO. 87-06; Council was referred to Planner's memorandum (3-24-87)
FENCE HGT. VAR. re: fence height variance application, 1233 Karth Lake
1233 KARTH LK. DR. Drive.
Planner Miller reviewed the request and recommended approval based on the fact .
the slope of the land renders a six-foot fence of limited value for screening
views of Hwy. 96 and an eight-foot fence would have little or no negative
impact on the adjacent property.
Miller referred Council to Board of Appeals minutes (3-26-87) and Planning
Commission minutes (4-1-87); both recommending approval of the requested
variance.
Peck questioned if the variance request was for only the existing fence; if the
fence were extended would it meet the Zoning Code requirements.
Miller noted that the applicant had stated he may extend the fence, however,
because the extension would abutt residential property six feet would be
sufficient height.
Moved by Sather, seconded by Winiecki, that Council
approve Case No. 87-06, granting a 2 ft. variance in height of the fence at
1233 Karth Lake Drive. Motion carried unanimously. (3-0)
CASE NO. 87-08; Council was referred to Planner's memorandum (3-24-87)
SITE PLAN REVIEW and Planning Commission minutes (4-1-87). The Planner
AND VARIANCES; reviewed the application and recommendations of the
SCHERER LUMBER Planning Commission.
Miller further explained that the property is current zoned B-2, General .
Business, and lumberyards are permitted in the I-1 and I-2 Industrial Districts
(defined as a "Manufacturing and Processing" use). The applicant is also
requesting rezoning of the parcel, however, the application was received too
late to allow adequate time for advertising the public hearing. Miller advised
that the rezoning request would be heard at the Planning Commission meeting in
May, therefore, recommendations regarding the site plan and variances should be
contingent upon rezoning approval.
Moved by Sather, seconded by Winiecki, that Council
approve the Site Plan, Case 87-08, Scherer Brothers Lumber Company, 4947
Highway 10, contingent upon approval of the Rezoning application at a future
hearing and subject to future amendments based on information arising from the
Public Hearing. Furthermore, that Council approve the requested Variances for a
50 ft. setback at the west, north and east property line, a site coverage .
variance of approximately 20%, and that the Lighting Plan be approved by the
City Planner; the Landscape Plan, with additional screening provided on the
south and north sides of the site, be approved by the City Planner; and the
Drainage Plan be approved by the City Engineer. Motion carried unanimously.
(3-0)
AUTH. FOR ARCHITECT Council was referred to letter from Shoreview, re:
FOR FIRE STATION #4 selection of an architect for Station #4.
Councilman Sather suggested this matter be held until the April 27th regular
Council meeting when a full Council will be present.
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. . Minutes of the Regular Council Meeting, April 13,
1987
Page 3
FIRE STA. (CONT'D) Sather moved, seconded by Winiecki, that the
authorization for selection of an architect for Fire
Station #4 be continued to the regular Council meeting of April 27, 1987 at
which time all Councilmembers will be present. Motion carried unanimously.
(3-0 )
REPORT OF PUBLIC WORKS SUPERVISOR
STREET SWEEPING Public Works Supervisor Raddatz reported that he had
received one price quote of $5,640.00 for street
sweeping from Allied Blacktop Company (120 hours at $47.00 per hour). He
advised that $6,000.00 had been budgeted in 1987 for street sweeping and stated
that the quote from Allied was comparable with the amount New Brighton had
charged in the past for street sweeping.
Sather asked why we were not using the City of New Brighton's equipment this
year.
Raddatz stated that the Public Safety/Works Committee had discussed
accomplishing the street sweeping earlier than usual and had suggested asking
for price quotes from other companies.
. Moved by Sather, seconded by Winiecki, that Council
approve the street sweeping contract with Allied Blacktop Company, and
authorize the expenditure of $5,640.00 ($47.00 per hour for 120 hours).
Motion carried unanimously. (3-0)
PURCHASE OF TRACTORS Council was referred to Public Works Supervisor's
PARKS & PUBLIC WORKS memorandum of 4/13/87 re: bids for tractors for Parks
and Public Works Department.
Raddatz recommended bidding the tractors separately and together to determine
what type of price break we would receive if we purchased both at the same
time.
Sather asked if the Case tractor was budgeted for 1987 and the other tractor in
1988; also if purchased this year, when would we receive delivery.
Raddatz stated that the Case tractor was budgeted for 1987 and, if Council
determines only one tractor be purchased the Case tractor should be first. He
further advised that the tractor may not be delivered until the end of this
year, even if purchased early this summer.
Sather moved, seconded by Winiecki, that Council
authorize the advertisement for bids to replace the two tractors currently used
by the Parks and Public Works Department, as outlined by the Public Works
Supervisor in his memorandum of 4-13-87. Motion carried unanimously. (3-0)
. STORM SEWER; NORTH Council was referred to Raddatz's memorandum of 4/13/87
SECTION TOWNHOUSES re: repair of the storm sewer in the north section of
the Townhouses adjacent to the Village Hall.
Raddatz reviewed the problems in this area and advised there are barricades
placed there due to holes on both sides of the street. He explained that the
pipe would be removed, the clay underneath the pipe would be replaced with
sandt the pipe would be replaced and the street repaired. The total cost of
the project would be $1,125.00 and Raddatz's recommended proceeding before the
matter gets worse.
Raddatz, in response to Council inquiry, advised storm sewer problems are
difficult to project and therefore normally not specifically budgeted.
. Moved by Sather, seconded by Winiecki, that Council
approve the expenditure of $1,125.00 to reset the storm sewer pipe at the north
section of the Townhouses, as outlined in the Public Works Supervisor's
memorandum of 4-13-87. Motion carried unanimously. (3-0)
OTHER BUSINESS
PLAN. COMM. APPTMT. Council discussed the vacancies on the Planning
Commission, due to the resignation of Tim Tuggle and
Council appointment of Jeanne Winiecki.
Mayor Pro-Tem Peck suggested continuing this matter to the regular Council
meeting of April 27th; Council concurred.
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Minutes of the Regular Council Meeting, April 13, 1987
Page 4
REQ. FOR JOINT Council was referred to a letter from North Oaks
COUNCIL MTG. City Council, dated 4-9-87. requesting a Joint Council
NORTH OAKS Meeting to discuss fire protection services.
Council consensus was to continue this matter to the regular Council meeting of
April 27th.
NO PRKING. SIGNS Mayor Pro-Tem Peck questioned if all streets in the
MOUNDS VIEW H.S. area of Mounds View High School would have no parkinR
signs posted.
Clerk Administrator advised that signs were ordered for all streets; Janet
Court will be posted immediately and the other streets would be posted if the
parking situation warrants the signs or residents request them.
DANCES AT FLAHERTY'S Clerk Administrator advised Council of the request ~o
ARDEN BOWL; SUMMER hold teen dances during the summer months at Flaherty's
Arden Bowl. Morrison stated she had discussed the
matter with Commander Bergeron who advised the dances have been held in the
past and liquor laws do not prohibit this activity. The Attorney was alsO .
contacted for his opinion relative to the liquor laws.
Council asked if there was a separate entrance for the teen dances; it was
determined that teens use the bowling facilities without entering the bar area.
After discussion, Council concurred if problems arise the dances should be
discontinued.
REQ. FOR STREET Council was referred to the letter from Ken and Kathy
LIGHT; PRIOR AVE. McIntosh. 1929 Jerrold Ave., requesting a street light
be installed at the end of Prior Avenue to alleviate
problems with vandalism. theft and juvenile drinking.
Council concurred to refer this request to the Public Safety/Works Committee
for their review and recommendation.
REPORT OF CLERK ADMINISTRATOR
CLAIMS AND PAYROLL Sather moved. seconded by Winiecki. that Council
approve Claims and Payroll as submitted.. Motion carried
unanimously. (3-0)
GLENHILL RD. Clerk Administrator advised Council that a resident of
Glenhill Road questioned if his driveway approach would
be replaced with the Same materials or upgraded. Morrison noted that the
current materials in the drive were a concrete apron. gravel and blacktop.
After discussion. Council concurred that past policy had been to restore the .
driveway approach with the same materials. unless the resident requests and
assumes the cost for upgrading.
EDGEWATER ESTATES Clerk Administrator explained that EdRewater Estates
apartment complex was close to completion and that the
developer would probably contact staff to obtain a certificate of occupancy.
Morrison asked Council if there would be any objections to issuinR the
certificate of occupancy prior to the permanent roadway completion; she noted
the temporary road was placed in the area as a result of the sewer interceptor
project delays.
Council consensus was that the certificate of occupancy could be issued prior
to the construction of the permanent roadway; due to the delays in construction .
of the sewer interceptor project.
Councilmember Winiecki asked if Mr. McGuire had been adVised of the Zoning
Ordinance requirement relative to rooftop screening.
Morrison advised she would contact Mr. McGuire and advise him of the Ordinance
requirement.
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Minutes of the Regular Council Meeting, April 13, 1987
Page 5
ADJOURN Sather moved, seconded by Winiecki, that the meeting be
adjourned at 8:25 p.m. Motion carried unanimously.
(3-0)
Patricia J. Morrison Robert L. Woodburn
Clerk Administrator Mayor
NOTICE OF MEETINGS
The next regular Council Meeting will be on Monday, April 27, 1987, at 7:30
p.m., at the Village Hall.
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Excerpt of Board of Appeals MeetIng, Aprf I 23, 1987: ~
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3290 ~
Case No. 87-09 _",--f':r=Land SIde Yard Setback Variances,
Sandeen ROad(_McC '~S_k_~Y_)
The Board voted unanimously In favor of the 5 ft. front ya rd
setback variance, Justifiable by the slope of the lot away
from the street.
The BOllrd voted unanimously agaInst the variance request for
the 5 ft. sou th sIde yard setback. The proposed structure
wI II meet, at present, (accordIng to the drawl ng on the
certificate of survey) the existing 10 ft. setback requirement.
It appears the variance was requested In the fIrst place to
a II ow some latitude for the archItect to desIgn a deck or
pat I o. SIn ce the last Counc I I meetIng, Ms. McCloskey has
acquired an approximate 10 ft. easement along the so u t h
P rope rty II ne.
The Board real I zes the lakeshore lots are narrow and the
neighborhood already has many substandard conditions, when
redevelopment occurs we try to bring properties Into conformance.
We want to work with the homeowners and we realIze the McCloskey
home w I I I be a g re a t Improvement to the a rea. Arden H I II s
welcomes new home bull ders that make our CIty a more beautiful
. place to live.
Submitted by Barbara PIotrowskI I,
Ch a J r ..',\."\
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MEMORANDUM
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Date: April 24, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Council Agenda Items
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4. Setback Variance; 3290 Sandeen Road (formerly Lake Johanna Blvd.).
The application is for a front yard setback of 35' (40' required), and 5'
sideyard (aggregate of 15' required) . This application was heard by the
Planning Commission at their meeting of April 1, at which time the
Planning Commission recommended Council approval (excerpt of minutes in
packet) . The application was reviewed by the Board of Appeals on April
24. They voted to approve the front yard variance, but deny the side yard
variance (minutes in packet).
5. Rezoning, Highway 96/Hamline. The application for rezoning was heard
by the Planning Commission at their meeting of March 4, with a resultant
recommendation to deny the rezoning (Planning Commission minutes
attached) . This has been continued several times by the Council, at the
applicant's request. Mr. Lynden's memo relative to conditional zoning is
. enclosed for your information. Orlyn Miller will be present.
6. Glenview Avenue Storm Sewer. The Council, at their meeting of March
30, reviewed Barry Peter's recommendation for correction of the storm
sewer/drainage plan. At that time, the Council requested Barry to contact
C. W. Houle (Edgewater Estates contractor) to obtain a cost for inclusion
of the Glenview project with Edgewater, and asked Bob Raddatz to determine
if monies were available in the 1987 budget for this project. Mr. Peters
will be present at the meeting.
7. Glenhill Road. Enclosed are (1) an informational memo indicating some
of the points which Council will want to consider, (2) a Resolution which
will, after perusal by Jim Lynden, bring us up to date with 429
proceedingsJ and (3) a final draft of the Joint Powers Agreement with
Roseville.
8. Tax Forfeited Land. Ramsey County has advised that 2.7 acres, in
Briarknoll Second Addition, has been declared non-conservation by the
County Board, and is being forfeited for non-payment of taxes. The
property had been owned by Registered Properties Associates, 600 County
Road 18, St. Louis Park. There is an NSP easement, as well as a drainage
and utility easement, on the property. Therefore, we need to affirm
classification and state whether we wish to retain the land for public
purpose. If we acquire for public purpose, we could do so by use deed, or
by negotiated purchase. As Orlyn will be present, the Council may want to
ask him to address the impact of this type of situation on Arden Hills.
. 9. Northwest Suburban Youth Services Bureau. Mr. George Wood, Board
Chairman, and David Wilmes, Executive Director, will be present to present
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a progress report to the Council. Mr. Wilmes will be leaving the Service
. Bureau and wanted to update the Council before he leaves.
10. Report of Bill Bauer. Mr. Bauer will be present to discuss various
Commission voting proceduresJ in an effort to reach an equitable voting
process.
11. Public Safety/Works Committee. The minutes of the Committee meeting
of April 16, delineating recommendations to the Council, are enclosed.
12. Public Works Supervisor's Report. Bob Raddatz will be constructing
his home on a lot fronting on Round Lake, and will need to extend the
watermain in order to have City service to his lot; he will be assuming
all costs of the extension. The new Public Works truck is now in
satisfactory form; therefore, final payment is being requested.
13. Charitable Gambling Ordinance. The Council received Jim Lynden's
memo of March 30, relative to possible enactment of a gambling ordinance.
The matter was continued to allow Council members time to review
parameters they wish included in an Ordinance.
14. Proposed Snowmobile Ordinance Amendment. This Ordinance was
considered by the Council at the March 30 meeting; the Council had first
reading, but requested that Mr. Lynden redraft, eliminating use of all
terrain vehicles in the winter months, and further requested definition of
a roadway.
. 15/16. South Fire Station (#4). In order to allow for full Council
consideration, the motion authorizing the architect to proceed with
Station #4 on the Island Lake site, as well as the letter from North Oaks
requesting a meeting with Arden Hills, were continued to the meeting of
April 27.
17. Council Appointments. With Dale's leave from the Council, the
following appointments are up: Acting Mayor, Liaison to the Planning
Commission, Board of Appeals and Northwest Suburban Youth Services
Bureau. Mayor Woodburn would also like to consider an associate delegate
to the Station #4 Committee.
18. Planning Commission Replacements. Jeanne's position, and Tim
Tuggle's position, on the Planning Commission are now open. We have
enclosed a listing of those who have expressed an interest in serving on
the Commission. Also, a point of information, Wayne Johnson has not been
replaced on the Public Safety/Works Committee. (There are now 11 on the
committee.)
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. MEMORANDUM
Date: April 24, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
RE: INFORMATIONAL ITEMS
1. Encroachment on Park Trail: As you may know, a couple of years ago
Dennis Hicken, 4242 Norma Ave., constructed a dog house and kennel
which is encroaching on our park trail in this area. John has, in
the past, drafted correspondence to Mr. Hicken asking him to remove
the dog house, but has received no cooperation from Mr. Hicken.
After checking with Mayor Woodburn, and Jim Lynden, I asked Larry
Squires to pursue this matter. Mr. Hicken had until the 23rd to
comply (which included a 10 day grace period), and has not reacted.
Therefore, Larry and John will take pictures and a citation will be
issued.
2. Street Sweepin~: Bob advises we will start sweeping City streets the
first part of next week.
. 3. Limited Parkin~ - Mounds View Hi~h School: The limited parking signs were
posted on Janet Court today. The result was as we had anitipated -
the students are parking on Fairview, with a resultant flurry of
phone calls from residents on Fairview. Therefore, we will be posting
the balance of the streets next week. The Principal will again be
advised of the extension of limited parking.
4. Investment: On April 15th, $125,000 was invested in a C.D., for 90 days,
at 6.55%, with Midwest Federal.
5. Lea~ue of Minnesota Cities Annual Conference: This conference, of elected
officials and City administrative staff, is being held June 9th through
June 12th in Rochester, Mn. Although I had not planned on attending this
year, I have been asked to speak, and serve on a panel discussion, for a
Thursday (June 11th) session. The League will pay the registration
fee ($155.00) if I am able to do this. Please advise if you have any
objections to this.
6. Closed Meetin~: As you will note on the Agenda, Rob Plunkett has asked if
the Council would like to have a closed meeting, on May 11th, from
7:00-7:30 p.m., to update the Council on pending litigation issues.
If you wish to do this, the meeting should be set on April 27th.
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MEMORANDUM
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Date: April 24, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
RE: INFORMATIONAL ITEMS
1. Encroachment on Park Trail: As you may know, a couple of years ago
Dennis Hicken, 4242 Norma Ave., constructed a dog house and kennel
which is encroaching on our park trail in this area. John has, in
the past, drafted correspondence to Mr. Hicken asking him to remove
the dog house, but has received no cooperation from Mr. Hicken.
After checking with Mayor Woodburn, and Jim Lynden, I asked Larry
Squires to pursue this matter. Mr. Hicken had until the 23rd to
comply (which included a 10 day grace period), and has not reacted.
Therefore, Larry and John will take pictures and a citation will be
issued.
2. Street SweepinR: Bob advises we will start sweeping City streets the
first part of next week.
. 3. Limited ParkinR - Mounds View High School: The limited parking signs were
posted on Janet Court today. The result was as we had anitipated -
the students are parking on Fairview, with a resultant flurry of
phone calls from residents on Fairview. Therefore, we will be posting
the balance of the streets next week. The Principal will again be
advised of the extension of limited parking.
4. Investment: On April 15th, $125,000 was invested in a C.D., for 90 days,
at 6.55%, with Midwest Federal.
5. League of Minnesota Cities Annual Conference: This conference, of elected
officials and City administrative staff, is being held June 9th through
June 12th in Rochester, Mn. Although I had not planned on attending this
year, I have been asked to speak, and serve on a panel discussion, for a
Thursday (June 11th) session. The League will pay the registration
fee ($155.00) if I am able to do this. Please advise if you have any
objections to this.
6. Closed Meeting: As you will note on the Agenda, Rob Plunkett has asked if
the Council would like to have a closed meeting, on May 11th, from
7:00-7:30 p.m., to update the Council on pending litigation issues.
If you wish to do this, the meeting should be set on April 27th.
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MEMORANDUM
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Date: April 24, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Council Agenda Items
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4. Setback Variance; 3290 Sandeen Road (formerly Lake Johanna Blvd.).
The application is for a front yard setback of 35' (40' required), and 5'
sideyard (aggregate of 15' required) . This application was heard by the
Planning Commission at their meeting of April 1, at which time the
Planning Commission recommended Council approval (excerpt of minutes in
packet) . The application was reviewed by the Board of Appeals on April
24. They voted to approve the front yard variance, but deny the side yard
variance (minutes in packet).
5. Rezoning, Highway 96/Hamline. The application for rezoning was heard
by the Planning Commission at their meeting of March 4, with a resultant
recommendation to deny the rezoning (Planning Commission minutes
attached) . This has been continued several times by the Council, at the
applicant's request. Mr. Lynden's memo relative to conditional zoning is
. enclosed for your information. Orlyn Miller will be present.
6. Glenview Avenue Storm Sewer. The Council, at their meeting of March
30, reviewed Barry Peter's recommendation for correction of the storm
sewer/drainage plan. At that time, the Council requested Barry to contact
C. W. Houle (Edgewater Estates contractor) to obtain a cost for inclusion
of the Glenview project with Edgewater, and asked Bob Raddatz to determine
if monies were available in the 1987 budget for this project. Mr. Peters
will be present at the meeting.
7. Glenhill Road. Enclosed are (1) an informational memo indicating some
of the points which Council will want to consider, (2) a Resolution which
will, after perusal by Jim Lynden, bring us up to date with 429
proceedings, and (3) a final draft of the Joint Powers Agreement with
Roseville.
8. Tax Forfeited Land. Ramsey County has advised that 2.7 acres, in
Briarknoll Second Addition, has been declared non-conservation by the
County Board, and is being forfeited for non-payment of taxes. The
property had been owned by Registered Properties Associates, 600 County
Road 18, St. Louis Park. There is an NSP easement, as well as a drainage
and utility easement, on the property. Therefore, we need to affirm
classification and state whether we wish to retain the land for public
purpose. If we acquire for public purpose, we could do so by use deed, or
by negotiated purchase. As Orlyn will be present, the Council may want to
ask him to address the impact of this type of situation on Arden Hills.
. 9. Northwest Suburban Youth Services Bureau. Mr. George Wood, Board
Chairman, and David Wilmes, Executive Director, will be present to present
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a progress report to the Council. Mr. Wilmes will be leaving the Service
. Bureau and wanted to update the Council before he leaves.
10. Report of Bill Bauer. Mr. Bauer will be present to discuss various
Commission voting procedures. in an effort to reach an equitable voting
process.
11. Public Safety/Works Committee. The minutes of the Committee meeting
of April 16, delineating recommendations to the Council, are enclosed.
12. Public Works Supervisor's Report. Bob Raddatz will be constructing
his home on a lot fronting on Round Lake, and will need to extend the
watermain in order to have City service to his lot; he will be assuming
all costs of the extension. The new Pu~lic Works truck is now in
satisfactory form; therefore, final payment is being requested.
13. Charitable GamblinR Ordinance. The Council received Jim Lynden's
memo of March 30, relative to possible enactment of a gambling ordinance.
The matter was continued to allow Council members time to review
parameters they wish included in an Ordinance.
14. Proposed Snowmobile Ordinance Amendment. This Ordinance was
considered by the Council at the March 30 meeting; the Council had first
reading, but requested that Mr. Lynden redraft, eliminating use of all
terrain vehicles in the winter months, and further requested definition of
a roadway.
. 15/16. South Fire Station (#4). In order to allow for full Council
consideration, the motion authorizing the architect to proceed with
Station #4 on the Island Lake site, as well as the letter from North Oaks
requesting a meeting with Arden Hills, were continued to the meeting of
April 27.
17. Council Appointments. With Dale's leave from the Council, the
following appointments are up: Acting Mayor, Liaison to the Planning
Commission, Board of Appeals and Northwest Suburban Youth Services
Bureau. Mayor Woodburn would also like to consider an associate delegate
to the Station #4 Committee.
18. PlanninR Commission Replacements. Jeanne's position, and Tim
Tuggle's position, on the Planning Commission are now open. We have
enclosed a listing of those who have expressed an interest in serving on
the Commission. Also, a point of information, Wayne Johnson has not been
replaced on the Public Safety/Works Committee. (There are now 11 on the
commi ttee . )
.
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t-/'. J
~;~>/",} ,
, ~ &,rvJi\9-. A~
.~
JAMES S. LYNDEN
ATTORNEY AT LAw
.
March 30, 1987
Arden Hills City Council
Ci ty Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
At ten tion: Ms. Patricia Morrison
Clerk-Administrator
Re: Case No. 87-4, Jackson-Scott & Associates, Inc.--Rezoning of
Parcel at Corner of S.T.H. 96 and Hamline Avenue North
Dear Members of the Council:
. This matter was on the Council's agenda for the meeting on March
30, 1987 but was postponed by the Applicant until the first
meeting of the Council in Apr il . At the Council's last meeting,
the Applicant's attorney, Jim Stolpestad, suggested the Council
consider some type of contract or conditional rezoning as a means
by which to alleviate its, and the neighbors, concerns about
rezoning the subject parcel outright. He was apparently advised
to contact me and did. I told him, in our initial conversation,
that contract or conditional rezoning was something the City had
never engaged in (because I had informed previous Councils that
it was not a favored zoning technique) but invited him to send me
a letter setting forth cases in which contract or conditional
rezoning had been upheld.
Mr. Stolpestad did send me such a letter. A copy thereof is
enclosed herewith. After reviewing the letter, I called him to
advise that I was not particularly persuaded by the case
authorities set forth therein. I referred him to an annotation
of cases on the subject of "Rezoning--Special Restrictions" which
I had found in Volume 70 of ALR 3d. That Annotation generally
points out that most Courts throughout the country have held
attempts at contract or conditional rezoning to be invalid as
constituting an illegal contract in a way of the zoning
authority's governmental powers. At least one exception to this
general rules exists: that is, an agreement or declaration of
covenants and restrictions for the bene f it of surrounding
. neighborhoods, neighborhood associations, but enforceable by the
municipality (by injunction) , or a similar form of agreement
between the developer and a public agency not having final zoning
612223-5436 612297-6400
800 A"'HOIST TOWER ST. PAUL, MINNESOTA 55102
.
Arden Hills City Council
Attention: Ms. patricia Morrison
. Page 2
March 30, 1987
authority (e.g. a planning or zoning board) have been held not to
constitute illegal condi tion or contract rezoning. I have so
advised Mr. Stolpestad.
Mr. Stolpestad is not so sure that an agreement with the
surrounding neighbors can be achieved. The neighborhood
associations apparently do not represent the interest of all
citizens. There is a nucleus of women, he has told me who are
quite adamant about having the land developed at all. He says
that his client would be willing to reach some type of
contractual arrangement with the planni ng commission of the City
which, of course, does not have final zoning authority. I told
him in a phone conversation on March 30, 1987 that I would broach
this possibility with you.
Before you even consider contract or conditional rezoning,
you should take a step back and look at the whole issue from a
different perspecti ve. The subject parcel is presently zoned B-
l. That is an extremely restrictive zoning district. The only
. uses permitted as a matter of right in that district are farming,
clubs and lodges, daycare facili ties for over ten individuals,
offices, research and utility distribution lines. The rest of
the uses which are permissible in that zoning district are only
to be permitted after careful scrutiny by the planning commission
and the Council and issuance of a special use permit therefor.
The Applicant wi she s to rezone the subject parcel to B-2.
In that district, the following uses are permitted as a matter of
right: farming, clubs and lodges, commercial recreation, daycare
facilities for over ten individuals, hotels and motels, medical
clinics, offices, personal services, restaurants, retail sales,
and util i ty distributions lines. The rest of the uses
permissible in that zoning district are only permitted after a
thorough review by the planning commission and the Council and
the granting of a special use permi t therefor. The more
offensive uses allowed in B-2 districts--e.g. , drive-in
businesses, fast food restaurants, electronic towers, land
reclamation and mining, motorized vehicle sales, etc. and service
stations--cannot be instituted unle ss the council grants a
special use permi t. Accordingly, as to those uses which would be
deleterious to the surrounding neighborhood, the Council has
absolute, discretionary control. Thus, I do not even see the
need for a contract or conditional rezoning.
. However, as to those uses which are permitted as a matter of
right, the Council has authority under Section VIII. E. of
Appendix A of the Arden Hills Code (the Zoning Ordinance) to
conduct a thorough site plan review of the landowner's plans for
'.
Arden Hills City Council
. Attention: Ms. patricia Morrison
Page 3
March 30, 1987
constructing a principal building on the site. The Council's
action, at the conclusion of such proceeding, may include
approval, approval with conditions, denial in whole or in part,
tabling for a specified period in time, or referral back to the
planning commission for further consideration of the application
and report to the Counc il within a specif ied period of time.
This process thus gives the Council con trol over the ways in
which a permitted principal use in a business district shall be
implemented.
What I am suggesting in the latter part of this letter is
that contract or conditional rezoning of the subject parcel may
be unnecessary. The uses which are permitted as a matter of
right in a B-2 district are limited in number and do not seem to
me to have the same capability for producing harm to the
surrounding neighborhoods as do those which cannot be instituted
until after the Council has granted the developers thereof
. special use permi ts. Your Judgment, rather than mine, does and
should control on this point.
I think that Mr. Stolpestad would appreciate some guidance
from you as to how you wish the Applicant to proceed on the
matter. I would appreciate the benefit of your thoughts.
Very truly yours,
James S. Lynden
City Attorney for the
City of Arden Hills
JSL/ras
.
1/
. .
t ,
. - ~
! .' DOHERTY 1500 E. First "Iational Bank Building 3750 IDS To_ Magruder Building
332 Minnesota Stnoet 80 South Eighth Stnoet 1625 M Stnoet. N.w.
RUMBLE Saint raul. Minnesota 55101-1391 Minneapolis. Minnesota 554lJ2-2252 Washington D.C. 20036
. Telephone (612) 291-9333 Telephone (612) 340-5555 Telephone (202) 293-ll555
& BUTLER Teleropier (612) 291-9313 Telex 290-635 Teleropier (202) 223-8790
PROFESSIONAL ASSOCIATION
Attorneys al Law Writer's direct dial number: 291-9409 Reply to Saint raul office
rnnkC1i1y!'>oumt'
John L Hann/lrord
P~M.WilSOf1.Jr
}t-toomf' Halloran
Hl"l'"l",D Flasch
EugNIE'M WaTHen
! JilrM'5K.Wiltf'TlN-rg
John J. McGirt. Jr
1boma5 E. Ro~nchl March 23, 1987
~dH_Ratchyt'
~anR Edstrom
R41ph K. Morris
BruCl"E Han50n
J. LaI<tTPrlc{' McIntyr" DELIVERY BY MESSENGER
RichardA,....ilhoit
Willi.lm) Cosgriff
Jamt'!'A.Slolpe5tad Mr. James S. Lynden
RL!-~"l'lIC Bro,,'n
Stt'phf'n E. S~lJlh Attorney at Law
f"m~).R\-an
Ronolld A. Zam.anskv Amhoist Tower
Kimball I Ot>...o~,
C RoN>rt E\oioa:til' Saint Paul, Minnesota 55102
DaVldG'vIartin
Jonath.mP5coll
Timoth\' R. Quinn Re: Arden Hills Property
Alan LSiJvt'T
Jame'5R_Cra~w",U!'r
JahnA. YiJel< Dear Jim:
'effl"t'YBO~n
Gn-gom. A K\"am
rent'lo~A Hunl
William L SIppel Gary Gandrud informs me there are two ways to deal with
Garv Hansm
. EdW,ltdF. Fox the concerns of some neighbors near the Highway 96 and
MarvE PrOOst Hamline Avenue site rezoning to B-2 (the specific
~R.EckJund over a
D~vid M CremOl'\5 issue being, if the Village permits a rezoning how does it
Eliubo.>thHO('Tle
!...is.lM.Hu.......;t2 know the developer will do what he says he will do once
SUE-Ann Nelson
8"""ID Bo5trom the property is re zoned?) . I would hope one of these
Ann E. Tobin approaches discussed below would be acceptable when
Lon Wiest'-Pam we
D,vjdPSwanson appear before the Village Council next Monday night, March
Ron.1ld D ~cFall
Roben p ~al'lt'k-I 30, 1987, to request a rezoning of this property from B-1
5usanCWeingartn('!'
ErinK.Jord.1,hl to B- 2.
Marc J Manderscheid
O,Wll L Gagne-
Donald W "..Ut'5 First, the Village can rezone the proper ty now but retain
GeT\iI M. 5etur
""'h.>Clarl< control over the ultimate development of the property by
Mid'lft"l R. Dc..:-Ilomv
Sara ERosombloom exercising its normal site plan approval rights. This
Diln~ICMO!1 apparently is the way Minnetonka and other suburban
\1arp~J \1adden
communities Gary has worked with deal with this question.
OfCO\U\sel
/,CFOOte
hingCiarl< Second, the Vi llage can agree now to rezone the property
DanIel y.,. O'enen
WiJJiamB,Randall later if the developer does what he says he will do with
FrankS Fam'1l respect to type of building to be constructed, uses,
RichardH "'Iagnuo;on
Geof!ijf'C King hours, etc. when he comes in for site plan approval. For
Carl A S.....enson
RicnardSf'ell"f'!;On authority for this kind of rezoning, Gary cited me to the
attached HOUSing & Redevelopment Authority v. Jorqensen
case (328 N.W.2d 740) in which the Minnesota Supreme
Court, upholding an agreement entered into between the
City of Tyler and a developer (in this case a housing and
. redevelopment authority) prior to the rezoninq process,
required the city to follow through on the rezoning
measures agreed to (granting of conditional use
permits). In our case, the Village could agree now to
"'1'
~J..I DOHERTY
RUMBLE
. & BUTLER
PROFESSIONAL A5S<XlA nON
Mr. James S. Lynden
March 23, 1987
Page 2.
rezone the property and actually rezone when the Village
grants site plan approval. The attached Northwestern
College case also gives the Village some gUidance in this
situation. As you probably recall, the Court said:
A/it>
"Although neighborhood sentiment may be
~p1flr-f(v'l taken into consideration in any zoning
decision, it may not constitute the sole
~ basis for granting or denying a given
permit."
Jim, I hope this information will assist you in advising
the Village of Arden Hills in this matter. Gary said he
would be happy to talk to you about the Jorqensen case.
Very truly yours,
. ~
James A. Stolpestad
JAS/j 11: 55
Enclosure
cc: Jackson-Scott & Associates, Inc.
Gary L. Gandrud, Esq.
.
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Minutes of Regular Planning Commission Meeting, March 4, 1987
. Page 4
John Osland, District #621 representative, and Paul Erickson, Architect,
appeared before the Commission. Osland advised that this proposed
addition is part of a major project to upgrade schools in the District.
Paul Erickson reviewed the building plans for the four additional
classrooms.
In discussiont Commission members expressed concern re the rooftop
cooling/heating system; also questioned when construction would begin..
Osland explained that the current b~ilding plans would enclose the cooling
system in the ceiling of the addition, however, if that plan is deemed too
costly, the alternate plan is for individual cooling units for each of the
four classrooms. He further advised that bids for the project would be let
in March and, hopefully, the addition will be ready for occupancy by
September 1st.
Chairman Curtis asked if there were any comments from the floor. No
response was received.
The Public Hearing was closed at 8:30 p.m.
Moved by Martin, seconded by Savage, that Commission
recommend approval of the Special Use Permit application, Case No. 87-03,
. for use of the Valentine Hills School site/building as a general education
school and playfield, as submitted Independent School District #621.
Motion carried unanimously. (6-0)
CASE NO. 87-04, REZONING PROPERTY AT SOUTHWEST CORNER OF HAMLINE AVENUE
AND HIGHWAY 96 FROM B-1 TO B-2, JACKSON-SCOTT ASSOCIATES, INC.
The public hearing was opened at 8:40 p.m. Deputy Clerk Iago verified
publication of Notice of Hearing in the New Bri~hton Bulletin on February
18th and mailing of Notice of Hearing on February 26th.
Planner advised the request is for rezoning of the 5.6 acre parcel from
B-1 Limited Business District to B-2 General Business District. If
rezoned, the applicant intends to construct a neighborhood retail/service
center and day-care center on the site. He noted that the applicant is not
requesting site plan/building permit approval at this time. Miller advised
the zoning code requires the applicant submit a general development plan
for the property and, although not required, the applicant has also
submitted a Comprehensive Plan statement.
Miller explained the City's Comprehensive Plan designates the subject
parcel for commercial office development "designed to minimize negative
impacts upon adjacent residences". He reviewed the background of other
proposals that were submitted for this parcel and discussions he has had
with potential developers of the site.
Planner summarized comments from his report (2-25-87) as follows:
. 1- Present zoning and the Comprehensive Plan indicate the City's desire
for office development on this parcel; office use is considered a
more compatible neighbor for residences due to limited nighttime and
weekend impact of offices.
.
Minutes of Regular Planning Commission Meeting, March 4, 1987
. Page 5
The applicant's comprehensive plan statement indicates that
convenience retail demand has increased in the past 10 years;
however, the primary factors that cause the site to be designated
for office use, related to land use compatibility, have not changed.
2. Locating convenience retail/service centers at the fringe of
residential neighborhoods and adjacent to major thoroughfares is a
common land use pattern, however, Arden Hill's has by policy and
practice concentrated commercial development in the City to avoid
compatibility problems with residential neighborhoods.
3. In terms of visual compatibility, the proposed development would be
similar to an office developmeht; however the nighttime and weekend
impact of the retail/service center is considered the primary
unresolved issue.
4. Comparison of the traffic generation shows that a small-scale
retail/service center will generate 5 to 6 times as much traffic as
general offices. A percentage of traffic to and from the
retail/service center is siphoned from traffic already on adjacent
streetst and that traffic tends to be distributed over more hours of
the day, rather than concentrated during peak hours as would be the
case of general office traffic.
Planner concluded by stating the rezoning request is supported by
potential neighborhood convenience and the apparent market demand for
. retail commercial uses. However, the negatives: a) substantially increased
traffic volumes, 2) nighttime/weekend impact on adjacent residences, and
3) the site's limited potential to resolve these problems through spatial
separation, outweigh the positives. He advised, for these reasons, the
City's objective for development under the B-1 zoning classification
remains justifiable.
Chairman Curtis asked Miller to review the uses, permitted and special
uses, in the B-2 District versus the B-1 District.
Miller read the explanation for each district and reviewed the uses, as
requested.
James Stopelstad, co-owner of the site. Mike Scott of Jackson-Scott
Associates, Inc., Duncan Mallard, architect, David Stopelstad, real-estate
agent and Gary Petersen, representing the daycare center, were introduced
to the members.
James Stopelstad explained how he and his partners had obtained the site
and, reported on a feasibility study he had completed relative to the
proposed development of the site.
Mike Scott displayed drawings of the proposed building plan for the site
and explained the retail/service layout. Scott noted the daycare center
would be located on the west end of the site, the middle building would be
service related offices; such as dental, legal, and chiropratic, and the
. building on the east end of the site would be convenience related
services, with space closest to Hamline reserved for a superette. He
pointed out that the parking would be located on the northerly portion of
the site, adjacent to Highway 96 and employee parking would be located in
the rear of the building.
-
,
Minutes of Regular Planning Commission Meeting, Karch 4, 1987
. Page 6
Scott briefly reviewed the vehicle access to the site from Hwy. 96, which
would not allow vehicles to cross the highway and the access to and from
the site at Hamline Avenue.
Duncan Mallard explained the architectural design of the buildings, noting
the following features: cedar exterior to blend with the townhomes
exterior materials, cedar fencing to enclose the dumpsters in the rear of
the building, heating/cooling systems enclosed under the staggered peaked
roofs, signage for the buildings which is routed and back lighted to
soften the appearance.
Planner advised the Commission that the applicant, at this time, is
requesting a rezoning only; a site plan review would be a requirement
under the SUP application.
Savage asked if the convenience store would include gasoline pumps;
questioned hours of operation and also expressed concern regarding the
owners ability to lease the space.
James Stopelstad and Mike Scott noted they have had inquiries from several
convenience stores, however, the question of gasoline pumps is an open
issue at this time. They also advised that most lenders will not approve
the financing of this type of project without a minimum of 50% of the
. space leased.
Johnson questioned the applicant's comprehensive plan statement, relative
to the statement that currently 30% of the 45,000 sq. ft. of construction
proposed for the site could be used for accessory retail purposes.
Miller advised members it is his opinion that the applicant has
interpreted the zoning ordinance incorrectly; that percentage would only
apply to a single user and that the City has historically interpreted the
Code for singular use. He was unable to contact the Village Attorney for
his interpretation of the zoning code.
Winiecki questioned if there would be a need for the rezoning if the
applicant's interpretation were correct.
Planner advised the applicant would not have to pursue the rezoning,
however, the plan would be limited to one building.
Martin stated that if the rezoning were approved for this parcel he is
concerned that the applicant could proceed with a different development
plan or decide not to develop the site, leaving the land open for
development by someone less sensitive to neighborhood compatibility. He
suggested the applicant could use the PUD approach; the Commission could
then make a decision based on an exact plan with conditions imposed,
rather than arbitrarily rezoning the parcel.
. Stopelstad was agreeable to pursuing the PUD application, however, he
suggested the Commission could accomplish the same by rezoning the
property with contingencies they deem appropriate.
.
Minutes of Regular Planning Commission Meeting, March 4, 1987
. Page 7
Miller stated that Arden Hills has consistently avoided conditional
rezoningt and Commission would be justified in continuing that policy,
even though other communities have followed that practice.
There was discussion regarding the PUD application process. The Planner
noted that the public was notified this hearing was for consideration of a
rezoning, not a PUD, he suggested the Attorney would have to make a
determination as to the legality considering a PUD.
Paul Malone, 1485 Dawn Circle, spoke' in opposition to the rezoning; he
stated there is no compelling reason to violate the Comprehensive Plan
currently in place.
Kathy Brown, 1391 Arden View Drive, submitted a petition with 165
signatures, opposing the rezoning application for the following reasons:
- Uses permitted in B-2 are incompatible with the adjacent residential
areas.
- Increased traffic will add to the congestion on the two roads and at
their intersection.
- Specific plans are not part of this proposal. A conceptual change by
the current developer or a change of developers could result in
usage much different from that which is implied in this application.
. Kathy Arndt, resident of the townhomes, stated the adjacent property
owners in the townhouses were not notified of the applicant's meeting with
the Homeowner's Association.
Stopelstad advised that it was suggested he contact the Association.
Kathy Brown expressed concern regarding traffic hazards at the Hamline
Avenue exit of the site; noting that is directly adjacent to Karth Lake
Lane, which is an MTC bus stop.
After determining that there were no further questions or comments from
the floor, the public hearing was closed at 9:45 p.m.
Martin advised he was uncomfortable with rezoning the property, and would
prefer to consider a PUD application approach to this matter. He stated he
would rather see retail traffic flow spread over more hours than office
traffic flow at peak hours. Martin also stated he would like to see the
size of the buildings decreased.
Stopelstad suggested he could meet with neighbors in the townhomes to
discuss the PUD concept and receive input regarding their concerns; he
asked the people from the townhouses who were present if they would
consider such a meeting.
Kathy Brown advised she would not be comfortable speaking on behalf of the
. residents of the townhomes.
.
Minutes of Regular Planning Commission Meeting, March 4, 1987
. Page 8
Planner noted that although the site plan presented this evening meets
most of the zoning requirements, there are still issues he would like
clarified; such as the drainage pond shown on the MN/DOT right-of-way.
He suggested Commission could provide the applicant with some direction;
such as, recommending approval or denial of the request, or recommending
approval with conditions or denial with rationale.
Miller further stated that under the PUD concept the rezoning would not be
accomplished until all contingencies were met by the applicant and a
building permit was issued; if devel~per does not pursue the proposal, the
zoning would revert back to B-1.
Moved by Winiecki, seconded by Martin, that Commission
recommends denial of the Rezoning from B-1 to B-2, Case No. 87-04, at this
time, the reason for denial being that Commission members determined they
would prefer to consider a development proposal for this site under the
Planned Unit Development application requirements as defined in the Zoning
Code. Motion carried unanimously. (6-0)
The members offered the following suggestions to the applicant, relative
to the proposed development plan as submitted:
- Concept plan design is architecturally good.
- Opposed to gasoline pumps in conjunction with a convenience store.
. - Opposed to late hours for operation of a convenience store.
- Applicant should meet with the neighbors to receive their
input/concerns.
- Buildings could be reduced in square footage.
- A lighting plan should be submitted.
Mike Scott thanked the Commission members for their suggestions.
COUNCIL REPORT Councilman Hicks reviewed recent Council actions on
items of Planning Commission interest.
Members of the Planning Commission thanked Hicks for his support and
direction as Council liaison to the Commission; they offered their
congratulations on his appointment to Morocco.
Councilman Hicks thanked each member of the Commission for the fine job
they have done over the years and expressed his thanks on behalf of the
entire Council for their efforts in helping to maintain a high standard of
living in Arden Hills.
ADJOURNMENT Moved by Savage, seconded by Meury, that the
meeting adjourn at 10:55 p.m. Motion carried
unanimously. (6-0)
. Robert Curtis
Cha i rman
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PLANNING MEMO wehrman
To: Arden Hills Planning Commission bergly
. UQQE)-
From: Wehrman Bergly Associates, Inc.
Orlyn W. Miller, Planner
Subject: Case #87-04
Rezonlng ot property at southwest corner
of Hamline Avenue and Highway 96 n. plaza bldg., S1e. 220
Applicant: Jackson-Scott and Associates, Inc. 5217 wayzata blvd.
Date: February 25, 1987 mimeapoIis, mn 55416
612 544 7576
The applicant is requesting rezoning of the 5.6-acre parcel from B-1
Limited Business District to B-2 General Business District. If rezoned,
it is the applicant's intention to construct a neighborhood retail/
service center and a day-care center on the site.
The applicant is not requesting site plan/building pennit approval at
this time. In accordance with Section VIII.B(2)(e), however, a general
development plan for the property has been submitted and is attached.
The applicant's Comprehensive Plan Statement, which further describes
'the proposal, is also attached.
COMPREHENSIVE PLAN DESIGNATION
The Comprehensive Plan designates the .subject parcel for commercial I
office development "designed .to minimize negative impacts upon adjacent
. residences", (page 22). i
,
BACKGROUND
Nearly 10 years ago the City considered a request to rezone this property
from R-1 Residential to B-2 General Business.to accommodate a neighborhood
convenience store and an adjacent retail center. After extensive
discussion regarding the impacts of commercial development on adjacent
residential uses, the Council rezoned the site to B-1 limited Business.
In doing so, the Council recognized that the site was not suitable for
low- or medium-density residential development, but considered retail
commercial development incompatible with surrounding uses. Office use,
permitted in the B-1 District, was considered an acceptable alternative.
A short time later, a proposal for a commercial day-care center was
approved by the City at the east end of the parcel. Of course, the day-
care center was not constructed. In 1981, a plan and subdivision for
four one-story office buildings was approved. Again, the project was
not constructed. Although several potential developers have expressed
interest in office and/or retail projects since that time, no formal
proposals have been made until now.
. !
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j
I
planning' landscape architecture j
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COMt~ ENT S
. l. The present zoning and the Comprehensive Plan designation indicate
the City's desire for office development. This is because office
use is considered a more compatible neighbor for residences due to
the limited nighttime and weedend impact of offices. At the present
time, there is no interest for office development on the site since
the office market in the area is generally soft. Whether the site
will ever attract high-quality office development despite its
relative isolation and its relationship to the arsenal's vehicle
storage area is a debatable question.
While interest for office development has been absent, strong
interest has been shown for retail 'commercial development of the
site during the past year. The applicant's Comprehansive Plan
Statement indicates that convenience retail demand has increased
significantly in the past 10 years as single-family development has
expanded in the northern portion of the City. This is undoubtedly
true. However, the primary factors that caused the site to be
designated for office use related to land use compatibility, and
those factors have not changed.
2. Convenience retail/service centers located .at the fringe of residential
neighborhoods and adjacent to major thoroughfares is a relatively
common land use pattern. Arden Hills, however, has, by policy and
practice, concentrated commercial development in the City to avoid
compatibility problems with residential neighborhoods.
. 3. The City has expressed a desire to achieve development on the site
which is visually compatible with adjacent residential uses and
addresses problems of physical relationships. The proposed development
plan, although preliminary, concentrates parking at the north side
of the site, offers single-story buildings of sloped-roof design,'
and provides vegetative screening along the south property line.
In terms of visual compatibility, the proposed retail/service
development would be similar to an office development. In fact,
many of the tenants of the center might be of an office nature.
The nighttime and weekend impact of the retail/service center is
considered the primary unresolved issue.
4. Since traffic is consistently of concern, a brief comparison of the
traffic generation characteristics of office and a retail center is
warranted. Based on the Trip Generation Manual of the Institute of
Traffic Engineers, a small-scale retail/service center will generate
5 to 6 times as much traffic per 1000 square feet of floor space as
general offices will. However, a significant percentage of traffic
to and from the retail/service center is syphoned from traffic
already on adjacent streets. Furthermore, the retail/service
traffic tends to be distributed over more hours of the day, rather
than concentrated during peak hours like office traffic. The net
result is that a retail/service center will generate many more
trips than an office development, but an office development will
. have a greater impact on peak hour traffic (morning, noon, and
evening) .
llnno CASE #87-04
PAGE 2
.'____._'__r__ ---.~A'.,-.__
.
,
i
.:~ CONCLUSIONS
. The request for rezoning is supported by potential neighborhood convenience;
the site's relationship to Highway 96, Hamline Avenue, and the arsenal
vehicle storage area; and the apparent market demand for retail commercial
uses. However, the negatives of substantially increased traffic volumes,
the nighttime and weekend impacts on adjacent residences, and the site's
limited potential to resolve these problems through spatial separation
outweigh the positives. For these reasons, the City's objective for
development under the B-1 zonin9 classification remains justifiable.
.
.
lTrb CASE #87-04
PAGE 3
~
.
,
I
"
'1'
COMPREHENSIVE PLAN STATEMENT
!. (96 AND HAM LINE PROPERTY)
Applicant proposes that the property located at the southwest corner of
State Highway 96 and Hamline Avenue in Arden Hills be rezoned from B-1 to B-2. This
request is based on (a) a change in the character of the area in which the property is
located and (b) the lack of feasibility of the current zoning classification.
(Applicant's plans for developing the property can be briefly summarized.
It is proposed that the westerly acre and one-quarter of the property be used for a day
care center which is permitted under the curren.t zoning code. The remainder of the site
would be developed with two one-story buildings which would line up along Highway 96.
The west building would be primarily devoted to service uses such as a real estate office,
a title agency, an insurance business, and the like. The east building would be devoted
primarily to retail uses such as a convenience grocery store, a dry cleaner, a restaurant,
and the like. It is estimated that the proposed development would create at least 15 to
20 full time jobs. The users of. the center would be primarily the immediately
surrounding residents of the area. Currently 3096 of the 45,000 square feet of
construction proposed for the site could be used for accessory retail purposes under the
zoning code. This would total 13,500 square feet. The proposed development would
Increase that retail usage to 17,475 square feet (approximately 3996 as opposed to the
currently permitted 3096), If. only the east building is used for retail,. to as much as
approximately 26,000 square.feet (approximately 5896 as opposed to the currently.
. permitted 3096), If all of the east building and half of the west building were used for
. retail purposes.)
In the last several years, the area surrounding the property has changed.
Much of the vacant land to the west and to the east of the property has been developed
with single family and two-family residences. The overall residential population of the
area adjacent to the property has increased dramatically. Yet, no convenience retail and
service center is available to respond to the needs of the surrounding residential
population. The nearest retail and service facility, approximately one mile to the east of
the property, is an enclosed mall which neither offers the range of uses proposed for the
property nor the convenient in and out access available at the site.
The experience of the current owner of the property since it acquired the
site in a workout situation from another party several years ago has been that the site is
not suitable for its current B-1 zoning classification. Arden Hills has been fortunate in
recent years to experience something of a boom in office development in an area from
just south of County Road E to south of Interstate 694. Woodbridge Properties and Opus
Corporation are two major Twin Cities area developers that have built thousands of
square feet of office space in this vicinity. Because of the attractiveness of the County
Road E/I694 area, fringe areas such as the 96 and Hamline property are no longer
feasible sites for office development. This conclusion can be supported by a feasibility
study which the present owner of the property had conducted a year ago and by the
testimony of a number of office developers who have looked at the site over the past two
years.
In summary, the proposed rezoning of the property would create the most
logical use for the site at the present time, the proposed retail and service development
. would fill a need that exists in the immediate area, and the design of the facility itself
would harmonize with the immediate neighborhood.
JASstmtOl
.
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JAMES S. LYNDEN
ATTOIlNFI AT u.w
.
March 30, 1987
Arden Hills City Council
Ci ty Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
Attention: Ms. Patricia Morrison
Clerk-Administrator
Re: Case No. 87-4, Jackson-Scott & Associates, Inc.--Rezoning of
Parcel at Corner of S.T.H. 96 and Hamline Avenue North
Dear Members of the Council:
This matter was on the Council's agenda for the meeting on March
. 30, 1987 but was postponed by the Applicant until the first
meeting of the Council in April. At the Council's last meeting,
the Applicant's attorney, Jim Stolpestad, suggested the Council
consider some type of contract or conditional rezoning as a means
by which to alleviate its, and the neighbors, concerns about
rezoning the subject parcel outright. He was apparently advised
to contact me and did. I told him, in our initial conversation,
that contract or conditional rezoning was something the City had
never engaged in (because I had informed previous Councils that
it was not a favored zoning technique) but invited him to send me
a letter setting forth cases in which contract or conditional
rezoning had been upheld.
Mr. Stolpestad did send me such a letter. A copy thereof is
enclosed herewith. After reviewing the letter, I called him to
advise that I was not particularly persuaded by the case
authorities set forth therein. I referred him to an annotation
of cases on the subject of 'Rezoning--Special Restrictions' which
I had fOund in Volume 70 of ALR 3d. That Annotation generally
points out that most Courts throughout the country have held
attempts at contract or conditional rezoning to be invalid as
constituting an illegal contract in a way of the zoning
authority's governmental powers. At least one exception to this
general rules exists; that is, an agreement or declaration of
covenants and restrictions for the benefit of surrounding
. neighborhoods, neighborhood associations, but enforceable by the
municipality (by injunction) , or a similar form of agreement
between the developer and a public agency not having final zoning
612223.5436 612297.6400
800 AM HOIST TOWER ST. PAUL, MINNESOTA 55102
Arden Hills City Council
Attention: Ms. patricia Morrison
Page 2
. March 30, 1987
authority (e.g. a planning or zoning board) have been held not to
consti tute illegal condition or contract rezoning. I have so
advised Mr. Stolpestad.
Mr. Stolpestad is not so sure that an agreement with the
surrounding neighbors can be achieved. The neighborhood
associations apparently do not represent the interest of all
citizens. There is a nucleus of women, he has told me who are
quite adamant about having the land developed at all. He says
that his client would be willing to reach some type of
contractual arrangement with the planning commission of the City
which, of course, does not have final zoning authority. I told
him in a phone conversation on March 30, 1987 that I would broach
this possibility with you.
Before you even consider contract or conditional rezoning,
you should take a step back and look at the whole issue from a
different perspective. The subject parcel is presently zoned B-
l. That is an extremely restrictive zoning district. The only
. uses permitted as a matter of right in that district are farming,
clubs and lodges, daycare facilities for over ten individuals,
offices, research and utility distribution lines. The rest of
the uses which are permissible in that zoning district are only
to be permitted after careful scrutiny by the planning commission
and the Council and issuance of a special use permit therefor.
The Appli cant wishes to rezone the subject parcel to B-2.
. In that district, the following uses are permitted as a matter of
right: farming, clubs and lodges, commercial recreation, daycare
facilities for over ten individuals, hotels and motels, medical
clinics, offices, personal services, restaurants, retail sales,
and utility distributions lines. The rest of the uses
permissible in that zoning district are only permitted after a
thorough review by the planning commission and the Council and
the granting of a special use permit therefor. The more
offensive uses allowed in B-2 districts--e.g. , dri ve-in
businesses, fast food restaurants, electronic towers, land
reclamation and mining, motorized vehicle sales, etc. and service
stations--cannot be instituted unless the council grants a
special use permit. Accordingly, as to those uses which would be
deleterious to the surrounding neighborhood, the Council has
absolute, discretionary control. Thus, I do not even see the
need for a contract or conditional rezoning.
However, as to those uses which are permitted as a matter of
. right, the Council has authority under Section VIII. E. of
Appendix A of the Arden Hills Code (the Zoning Ordinance) to
conduct a thorough site plan review of the landowner's plans for
- -----
Arden Hills City Council
. Attention: Ms. Patricia Morrison
Page 3
March 30, 1987
constructing a principal building on the site. The Council's
action, at the conclusion of such proceeding, may include
approval, approval with conditions, denial in whole or in part,
tabling for a specified period in time, or referral back to the
planning commission for further consideration of the application
and report to the Council within a specified period of time.
This process thus gives the Council control over the ways in
which a permitted principal use in a business district shall be
implemented.
What I am suggesting in the latter part of this letter is
that contract or conditional rezoning of the subject parcel may
be unnecessary. The uses which are permitted as a matter of
right in a B-2 district are limited in number and do not seem to
me to have the same capability for producing harm to the
surrounding neighborhoods as do those which cannot be instituted
until after the Council has granted the developers thereof
special use permits. Your Judgment, rather than mine, does and
... should control on this point.
I think that Mr. Stolpestad would appreciate some guidance
from you as to how you wish the Applicant to proceed on the
matter. I would appreciate the benefit of your thoughts.
Very truly yours,
James s. Lynden
City Attorney for the
City of Arden Hills
JSLjras
.
/~'
a DOHER1Y 1500 E. FiI5l Nabona\ Bank Building 37S0 IDS T "- Magruder IluiIding
332 Minnesota Stn!et 80 South Eghth Stn!et 1625 M Stn!et. N.W.
RUMBLE Soint Paul, Minnesota 55101-1391 Minneapolis. Minnesota 55402-2252 WlShington D.C. 20036
T~(612)291-9333 T~hone(612)34Qc5555 ToIephone(202) 29:Hl555
. & BUTLER TeI<'CtlJ'ie'(612) 29].9313 T okox 290-635 T eIerop;.. (202) 223-8790
PROfESSIONA.l ASSOCl,t, TION
! Attorneys.1 Law 291-9409 Reply to Saint Paul oflke
Writt-r's dift'ct dial number:
i frank a,.vb;Jump
)ohn LH.ln....ford
i Pl'rniM Wi\:Ion.Jr
~Hi.IlOl".ln
limn: 0 FIuch
i EI.Ip'!1t' M. WArlKh
~);: WI"",ms
JoM J. McGirt Jr
I lhonw. E. Rohn<'ht March 23, 1987
BoYd H R.ltchyt
, De.nR Edstrom
! itaim It Morro.
: Iruc't'E H.r15Of"I
J-t......~rt'Mclnr,'"' DELIVERY BY MESSENGER
, Richard A Wllhan
""'i.lh.lm J Cosgnf/
~A,~oIpestad Mr. James S. Lynden
R~)CBroWTl
~I'1ESrrurh Attorney at Law
J.~IR\-arl
Ron..Jk! A Zam.al"lskv Amhoist Tower
KJmhllll Do:-V{Yl.'
C Rot>r!"l8uttw Saint Paul, Minnesota 55102
D.lV1dG~.l".tJl'1
, )on.uh.m r Sroll
, jlmOlh~ R Quinn Re: Arden Hills Property
~nI.SiJ,,"
Je- Ii: CraM~
,oonA, Yile<< Dear Jim:
Jftmo",B~n
tngO!'\ A K"lm
P~opl' A Hunt
WUlWmL S<pPeI Gary Gandrud informs me there are two ways to deal with
G.n-H,nw!l
. Ed....ilrdf 1'01< the concerns of some neighbors near the Highway 96 and
MuvE.1'\"Obsj Hamline Avenue site rezoning to B-2 (the spec if ic
karft.nR. Edlund over a
D.VId M c~~ issue being, if the Village permits a rezoning how does it
El:i.u~ HorN'
!...iI.aM.HU1'Witz know the developer will do what he says he will do once
SueA11n~l<m
~ID_ btrom the property is rezoned?) . I would hope one of these
NInE Tobm approaches discussed below would be acceptable when we
u., ~.~. P.m.s
O'vidrs.....~ appear before the Village Council next Monday night, March
ItONld D. McfaIJ
Roben p, ~l 30, 1987, to request a rezoning of this property from B-1
s....a...c.w""'~
ErirI~. /ordAhl to B- 2.
MMr J MAn~
Da...." LCap>t'
Dorwd n'. Nile First, the Village can re zone the property now but retain
Gc-n.lM.5fotur
""""'am. control over the ultimate development of the property by
~IRDo.:~' exercising its normal site plan approval rights. This
s.r-. E. R"",""b100m
O.nJorlC MOI1 apparently is the way Minnetonka and other suburban
M.ttga~)_'U~
communities Gary has worked with deal with this question.
Of C--.l
ICFOOf..
lr'VlngClul.. Second, the Village can agree now to rezone the property
O.nwl.... 0'81'1",
Willi,oUr,fl R.and.1.11 later if the developer does what he says he will do with
Fnnlo.S Foil'?'l'll respect to type of building to be constructed, uses,
RJm.rd H looia!9'1U5Or'1
~CKmg hours, etc. when he Comes in for site plan approval. For
C.lrlAS~loOn
RKhu..:l 8 re-rrnon authority for this kind of rezoning, Gary cited me to the
attached Housinq & Redevelopment Authority v. Jorgensen
case (328 N.W.2d 740) in which the Minnesota Supreme
Court, upholding an agreement entered into between the
City of Tyler and a developer (in this case a housing and
redevelopment authority) prior to the rezoninq process,
. required the city to follow through on the rezoning
measures agreed to (granting of condi tional use
permi ts) . In our case, the Village could agree now to
--
,F
.J./' DOHERTY
RUMBLE
& BUllER
MtOfISSIONAL ASSOClA nON
Mr. James S. Lynden
March 23, 1987
Page 2.
rezone the property and actually rezone when the Village
grants site plan approval. The attached Northwestern
Colleqe case also gives the Village some guidance in this
si tua tion. As you probably recall, the Court said:
~~
"Although neighborhood sentiment may be
taken into consideration in any zoning
decision, it may not constitute the sole
basis for granting or denying a given
permit."
Jim, I hope this information will assist you in advising
, the Village of Arden Hills in this matter. Gary said he
, would be happy to talk to you about the Jorgensen case.
Very truly yours,
;. ~
James A. Stolpestad
JAS/j 11: 55
Enclosure
cc: Jackson-Scott & Associates, Inc.
Gary L. Gandrud, Esq.
.
. .'/ 00
/7// ,/ /o~ " :/
~--i G.
, ,
. MEMORANDUM
--------------------------------------------------------------------------
Date: April 24, 1987
To: Arden Hills Council
From: Robert W. Raddatz, Public Works Supervisor
Re: Storm Sewer, G1enview Avenue/G1enview Court
------------------------------------~-------------------------------------
The estimated cost of the recommended system to alleviate drainage
problems in this area is $23,000.00. (Estimate prepared by
Short-E11iott-Hendrickson).
I was asked to see if the money could come out of the 1987 budget. I feel
that a project of this scope should be part of the 1988 budget. There are
not sufficient funds in any area of the Public Works budget to cover an
expenditure of this magnitude.
.
.
. GLENVIEW AVE; Council was referred to letter from Barry Peters of SEH
STORM SEWER (3-26-87) re: the flooding problem on G1enview Avenue
and G1enview Court.
Barry Peters reviewed the history of the drainage problems and previous
attempts to alleviate the problem. Peters summarized his recommendations for
. correcting the drainage problem:
l. Replacing the 18" CMP outlet with a larger capacity concrete pipe and
installing high capacity catch basins at the low point on Glenview Ave.
and the two catch basins southwest of G1enview Court.
""U1lS 2. Constructing a bermed drainage swa1e, behind the curb, and extend from
CO"'.'" 1<<7 the swale from the low point to the property line then east along the
"". 2/00 - north property line to Valentine Park.
3. Construct a small berm in front of 3946 G1enview to reduce the potential
for water jumping curb and draining across the Caniff's property.
The estimated cost of the recommended system, including engineering, legal and
administrative costs is $23,000.00.
Council discussed various methods of funding for the project or if the project
could be included as part of the Edgewater Estates development.
The Engineer stated he would contact the developer for the Edgewater project to
determine if Glenview Avenue could be done in conjunction with Edgewater and to
receive a cost estimate.
The Public Works Supervisor advised he would review the 1987 budget to
determine if funds are available for the project.
There was discussion regarding catch basin and pipe design, and potential water
. damage to park property. Barry Peters gave rationale for size of pipe and
catch basin design; also explained that the catch basin apron at Valentine Park
would include rock for water distribution.
Minutes of the Regular Council Meeting, March 30,1987
Page 3
STORM SEWER Hicks moved, seconded by Hansen, that Council direct the
(CONT'D) Engineer to contact C.W.Houle, contractor for the
Edgewater Estates project, and obtain a firm cost
estimate for installation of the proposed storm sewer system on Glenview Avenue
in conjunction with the Edgewater Estates project; and further, that the Public
Works Supervisor determine if funding is available in the 1987 budget. Motion
carried unanimously. (5-0)
I ~ ~ 'l
- - -
I SHORT-ElllOTT-HENDRICKSON, INC.
NIRH CONSULTING ENGINEERS
Sf. PAUL MINNf50T A . OiIP1'EWA FAUS, WISCONSIN
,
I.
;
,
March 26, 1987 RE: ARDEN HILLS, MINNESOTA
, GLENVIEW AVENUE
I. STORM SEWER
,
SEH FILE: S7042
,
i
! .
! City of Arden Hills
1450 W. Highway 96
Arden Hills, MN 55112
As requested, we have investigated the storm sewers near the
~ntersection of Glenview Avenue and Glenview Court as shown on
the attached drawing. This action was initiated by the Council
at the request of the Caniffs, whose property is located in the
northeast portion of this intersection. According to the
Caniffs, water ponds ~n the street during heavy rains.
Apparently water ponds in the intersection to an elevation that
results in overflows and drainage across their property.
. The Glenview Avenue storm sewer was constructed around 1961.
Except the 18" corrugated _etal pipe (CMP) outlet in Valentine
Park, the storm sewers draining Glenview Avenue are reinforced
concrete pipe (RCP). The 24 " RCP pipe along the east side of
Glenview Avenue from the loweat point on Glenview (about the
.tddle of the Caniff's property) was connected to an IS" CMP that
drains east along Caniff's north property line. Pipe bends were
apparently installed at thia connection instead of a manhole
. structure. Therefore direct access to this connection point for
inspection cannot be made.
The Glenview Avenue storm sewer system was designed for runoff
flows from a 5 year storm event.
In a June 6, 1979 report it was recognized that some relief of
the drainage problem could be achieved by replacing the lS"CMP
outlet with a larger capacity concrete pipe and by installing
high capacity catch basins at the low point on Glenview Avenue
and the two catch basins southwest of Glenview Court. Additional
protection from flooding could be provided by constructing a
bermed drainage swale behind the curb. The bermed drainage swale
would extend from the low point to the property line then east
along the north property line to Valentine Park. The bermed
swale could be constructed during the storm sewer construction.
A small berm should alao be constructed as shown on the attached
drawing. This berm would reduce the potential for water from
. jumping curb and draining across the Caniff's property.
.. GOPHER IUILOING.222 EAST UTTLE o.NAOtt IIOAl)oSf. PAUL MINNESOTA SS1l7.P'HONE (il2) _72 I
I
- ----..-
'- ,
.~ , "".~
.
. "-
'.........
City of Arden Hills
. March 26, 1987
Page 2
'!'he estimated cost of the recODunended st01'1ll Sewer system
including engineering, legal and administrative costs is $23,000.
In order to further reduce drainage problems, city crews should
continue to keep catch basin grates clean 80 that the lIaximum
amount of flow 1.n the street g-vtters can be COllected into the
storm sewers.
Sincerely,
..f1~ c. .f> J-
Barry C. Peters
jms
Attachment
.
.
-
- -
.
r j
REPLACE EX. 18. CMP
WITH 2... RCP . ~
. CONSTRUCT DRAWAOE
SWAlE OVER PROP. STORM ~
CONSTRUCT MH SEWER. ~
~
< I
CONSTRUCT BERM
~ --0 EX. STORM SEWER
---..- PROP. STORM SEWER
. NEW CA TCHSASJ.I
APPIIOYf 0 GLENVEW AVE. "L[ Il1O.
PREPARED BY 87'042
AT[ SHORT ELLIOTT HENDRICKSON, INC STORM SEWER DRAwING NO.
3I25IfrT st ~"'Ul ""NNEsor,t, . CIo1IPPEW,A. FALLS wtSC ARDEN .. I S 1
J
n
7
, ~/~
MEMORANDUM ==:.
e --------------------------------------------------------------------------
Date: April 23, 1987
To: Mayor and Council
From: Patricia J. Morrison, Clerk Administrator
Re: Agreement with Rosevi11e for Glenhill Road Reconstruction
--------------------------------------------------------------------------
The Council, at the meeting of March 9, ,ordered in the G1enhi1l Road
improvement, and entered into a Joint Powers Agreement with Rosevi11e,
pending review and approval of the Agreement by Jim Lynden. Mr. Lynden
has reviewed the proposed Agreement, made minor changes, and given his
approval of the Joint Powers Agreement, as attached.
In accordance with Item #7 of the Agreement, the Council will need to
determine the payment schedule for the project, i.e. , payment upon
billing, or delayed payment not to exceed July 1, 1988, (in which case
7.57. annual interest would be due).
Another consideration the Council may need to determine at some point is
the method of assessment. Don Christoffersen may be able to assist with
this determination. One method of assessment would be by front footage,
e and another by area or lot. There is a pie-shaped lot at the end of the
street which, although equal to other lots in area, does have a great deal
more frontage than some of the other lots.
Although through the Joint Powers Agreement with Roseville, their city has
taken all the necessary steps to commence the improvement, because a
portion of the costs will be assessed back to affected property owners, we
should also adopt all the necessary 429 proceedings. Therefore, I have
drafted, and enclose, a proposed Resolution for adoption by the Council,
after which it will be sent to Jim Lynden for his review and approval.
As you may recall, the estimated cost was $83,000; however, the low bid of
Total Asphalt Company was $49,129.15, with an estimated total cost of
$67,120.24 (including contingencies, engineering and capitalization).
Construction is scheduled to begin next week.
.
STATE OF MINNESOTA
e COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION 87-20
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
ORDERING ADVERTISEMENT FOR BIDS, AND ACCEPTING THE BID
WHEREAS, the City of Arden Hills and the City of Rosevi11e have
entered into a Joint Powers Agreement for the purpose of construction of the
following improvement:
Construction of G1enhi11 Road, between the west line of Ham1ine
Avenue and the east line of Snelling Avenue, known as Arden Hills
Improvement P-ST-87-1, and consisting of storm sewer, street
reconstruction and concrete curb and gutter, and
WHEREAS, in accordance with this Joint Powers Agreement, the City of
Rosevi11e shall conduct and perform certain functions and actions on behalf of
the City of Arden Hills;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Arden Hills,
Minnesota;
e The Arden Hills City Council hereby affirms and ratifies the following
actions taken by the City of Rosevil1e on its behalf:
1. Plans and specifications, as prepared by the Arden Hills/Roseville
engineers, Short-Elliott-Hendrickson, are hereby approved; and
2. The Advertisement for Bids has been prepared in accordance with
approved plans and specifications; and said Advertisement has been
published in the New BriRhton Bulletin on February 25 and March 4, and
mailed to affected property owners on February 26, 1987; and
3. Pursuant to this Advertisement for Bids for the improvement, bids were
received, opened and tabulated on April 7, 1987, at 9:00 a.m.; and
4. Whereas, the low bidder was Total Asphalt Company, in the amount of
$49,129.15. and, in accordance with the Joint Powers Agreement, the
proper Roseville officials were authorized to sign the low bid and
return the deposits of all bids except that of the successful bidder,
and the next lowest bidder, which shall be returned upon signing of
the contract.
Adopted by the Arden Hills Council this 27th day of April, 1987.
Patricia J. Morrison Robert L. Woodburn
. Clerk Administrator Mayor
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AGREEMENT FOR RECONSTRUCTION OF GLENHILL ROAD
e FROM SNELLING FRONTAGE ROAD TO HAMLINE AVENUE
Rosevi11e City Project No. P-ST-86-28
Arden Hills City Project No. P-ST-87-01
This agreement by and between the City of Roseville, Minnesota, a municipal
corporation, hereinafter referred to as "Rosevi1le", and the City of Arden
Hills, Minnesota, a municipal corporation, hereinafter referred to as "Arden
Hills" witness:
WHEREAS, it is considered mutually desirable to reconstruct Glenhill Road from
Snelling Frontage Road to Hamline Avenue; and
WHEREAS, a portion of this roadway lies within each of the two municipal
jurisdictions of Rosevi1le and Arden Hills; and
WHEREAS, the cities of Rosevi1le and Arden Hills will participate in the cost
of said improvement as herein set forth; and
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
1- Rosevi1le shall perform the necessary surveys, prepare the necessary
plans, specifications, and proposals, and shall perform the
engineering inspection and administration of the project required to
e complete the items of work.
2. The advertising for the project and receipt and award of the bids
shall be done by the City of Rosevil1e in behalf of both cities. Said
receipt of bid is currently programmed to OCcur on April 7, 1987. The
City of Roseville shall review said bids for conformance to
specifications and act to award the contract to the lowest, qualified
bidder in behalf of both communities.
3. The contract cost resulting from the above bidding process shall be
based on the units of work performed in accordance with said contract,
shall constitute the actual "Construction Cost" and shall be so
referred to here and after.
4. Roseville, with its own forces and equipment, shall administer the
project and review and make payments on a reasonable and timely basis
to the contractor as portions of the "Construction Cost" are
accomplished. After the work is completed, Rosevi1le will prepare a
mylar as-built of the project and supply a copy to the City of Arden
Hills.
5. Based on the feasibility study, the total cost of both the engineering
items listed above and the "Construction Cost" are approximately
$82,000. If the bids when received indicate that the total cost of
the project would exceed this amount by more than 20%, the project
. would not be approved by the City of Rosevi1le in behalf of both
communities until the matter is returned to the City of Arden Hills
whereby they would be given the opportunity to indicate whether they
wish to terminate the project. Such a decision must be given in
writing to Rosevil1e within a 30 day period of notification of the
I bids.
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6. Arden Hills and Roseville agree to share the costs of both the
e "Construction Cost" and all of the above mentioned engineering
expenses. Arden Hills agrees to pay 46% of the total cost of the
project, and Rosevil1e agrees to pay the remaining 54% of the total
cost of the project.
7. Arden Hills agrees to pay its share of the costs based on the above
referenced feasibility study estimate within 60 calendar days of the
receipt of the request for said payment. Said request would follow
the award of the contract by the City of Rosevi1le. In the event
Arden Hills chooses to delay payment beyond the 60 day period.
interest would be charged at the rate of 7.5% per annum from the date
of the invoice to Arden Hills uqtil the payment is received by
Roseville. Arden Hills agrees that in no event shall the payment of
the full amount be delayed beyond July 1. 1988.
8. When all costs of the project including the "Construction Costs",
engineering costs, and other costs are final and known, Roseville will
notify Arden Hills of this amount. Based on the participation
percentages by each community agreed upon in Item 6 above, Arden Hills
would either be reimbursed within 60 days for the amount of over
payment if said should be the case, or notified of the amount of under
payment if said should be the case. Said underpayment likewise being
payable to Rosevil1e within 60 days. Such a settlement based on the
differential between the estimated costs and actual costs being
applicable only if Arden Hills had previously submitted its share of
the costs to Rosevi1le. If said prior payments had not been done by
e that time, then the Arden Hills share of actual costs would be the
figure used for the calculation of 7.5% annual interest payments.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF ROSEVILLE CITY OF ARDEN HILLS
Bf By
!ts Its
Date Date
By By
Its Its
Date Date
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Northwest Suburban Youth Services
Apri 1 7, 1987
.
Pat Horrison
City Manager
1450 West Highway 96
Arden Hills, Minnesota 55112
Dear Pat:
Thank you for the opportunity to provide the Arden Hills City Council
with a progress report. Myself and our Board Chairman, George Marks
will plan to report at the April 27th Council meeting. Please let me know
the time slot.
. Sincerely,
qJJ Wlt
.
DAVID WILMES
Executive Director
:DW:je
cc: George Marks
.- ~... . Fak:on ~ht. . lauderdele . um. Carwd8 . Mounds View . New Brighton . North Oak. . RoteYIIIe . St. Anthony . $1.0..........
FAIRVIEW COMMUNFTY CENTER EDGEWOOD COMMUNITY CENTER
1910 Wut County RoIId B 6'00 N_ E_ Drivo
RoaevIIe. IIN 55113 Mound. View. MN 55112
eoun..... 6onricoo: 636-6448 SpKiel SeMces: 784-8132
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. Actual Gross %
Number of 1-24-87 Revenue Based on Gross
City Votes ...!... ,'of Subs. % 1986 Revenue--1986
Arden Hills 2 . 6.45 979 6.34 242,077.41 6.39
Falcon Heights 2 6.45 660 4.27 88,655.76 2.34
Lauderdale 1 3.22 327 2.17 68,749.88 1.82
Little Canada 2 6.45 1226 J.94 307,340.36 8.12
Mounds View 3 9.68 1510 9.78 429,978.71 11.35
New Brighton 5 16.13 2708 17.53 674,159.61 17.80
North Oaks 1 3.22 320 2.07 102,464.03 2.71
Roseville 8 25.81 4100 26.54 1,029,437.27 27.19
St. Anthony 2 6.45 840 5.44 215,529.62 5.69
Shoreview 5 16.13 2777 17.98 628,117.16 16.59
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Minutes of Cable Communications Citizens' Advisory Committee Meeting
. Village of Arden Hills
April 9, 1987
Village Hall
Call to Order
The meeting was called to order at 7:30 p.m. by Chairman Bauer.
Roll Call
Present: William Bauer, Peter Martin
Absent: Rolf Bag1ien, Tim Byrne, Ken Fros1id, Clark Hagemeyer, Joe1len
Johnson, Anita Madsen, Elaine McGillivray, William Oberreit
Also Present: Mayor Robert Woodburn, Clerk Administrator Patricia J. Morrison
Approval of Minutes
Motion was made by Martin, seconded by Bauer; that the minutes of January 29 be
approved as submitted. Motion carried unanimously.
Government Channel 16
Chairman Bauer discussed the changeover from Channel 38 to Channel 16, the
problems encountered by Arden Hills with the conversion, the possibility of
citing North Central, and the delay in the ordering of crystals for the
conversion. Martin suggested the Agreement should have enforcement powers
which would penalize North Central financially for non-compliance.
Franchise Fees
Mr. Bauer reported that, in March, Arden Hills received franchise fees in the
. amount of $9,678.62, $4,311.76 of which was sent to the North Suburban Cable
Commission as the budget contribution due from the City, leaving a balance of
$5,366.86. He further noted that, as part of the agreement for approving the
transfer from Group W to North Central the City was to receive a credit of
one-half of the previous $2,425.25 balance; therefore, a check of $1,212.63 was
being remitted to Arden Hills.
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, / Proportionate Representation on NSCC' ')
''-~Mr I\A"@T..Jldyisac! the-North Suburban'Cable Commission, at their April 2
meeting, had discussed voting procedures, and the concern that some of the
Smaller cities pay a larger percentage of the Commission budget, yet receive a
smaller amount of franchise fees. He stated currently representation is based
'on population (one vote per 5,000 population), and that the Commission had
. directed their attorney to review a procedure whereby the procedure for
proportionate representation would be based on the number of subscribers, or
franchise fees. He stated any change would affect Arden Hills very little,
since we now have 6.45% of the vote, and with proportionate revenue, we would
receive 6.39%.
Mr. Martin stated he would like to lock in the representation formula we now
have, Bauer adVised this could not be done, and that he would like to discuss
this matter with the Council.
Character Generator
Hr. Bauer advised the Access Corporation had ordered ten new Texcan character
. generators, together with a CSS-90 unit to enable programmed replay. He also
stated that training was available.
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Minutes of Cable Commission Meeting, April 9
Page 2
. Public Access StaffinR
Possible future staffing problems were discussed. Mr. Bauer advised the new
Government Access Coordinator was Roy Lalime. Mr. Bauer suggested the
Committee secretary call and get specific functions performed by Mr. La1ime.
Scholarships
Scholarship recipients are selected by the Cable Commission. Criteria included
student shall be (1) second year, or later, student at an accredited post
secondary educational institution, (2) shall be a north central resident, (3)
preferably majoring in communication.
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Last year's scholarship was for $1,200. Bootsie Anderson is to send out a
notice to Arden Hills to be posted and/or otherwise distributed.
I-Nets
Mr. Bauer advised there was some problem with the system because of switching
and lack of cable technical staff, as well as problems due to limited band
width available. Bootsie A. is to serve as consultant to study the concerns.
Miscellaneous Discussion
Telephones: Bauer discussed problems in getting through to the cable company
due to busy signals; that pay-for-view was consuming a lot of time; and, that
the cable company was addressing the problems.
. Columbia Heights/Hilltop .Commission: Bauer discussed current usage by Columbia
Heights/Hilltop of North Central equipment, and questioned whether the two
commissions should be combined.
Community Takeover: Bauer advised data was being collected for future
possibility of municipal takeover of public access.
Council Report
Mayor Woodburn updated Committee members on recent Council actions.
Adjournment
The meeting was adjourned at 10:25 p.m.
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Date: Thursday April 9,1987
To: Arden Hills City Council
Location: Arden Hills, Minnesota
From: Stephen Gericke
Location: 1840 W. County Road E
Arden Hills, Minnesota 55112
phone: 633-8792
Subject: No parking request along the south side of County
Road E from Lake Johanna Blvd West to the high
voltage power lines.
I am requesting that the Cit y Council consider my request
for no parking along County Road E.
I have talked with the County about putting up no parking
signs, but was told that although they would love to, the City of
Arden Hills must first request the no parking. No parking
. already exists on the North side of County Road E.
Over the years I have tried to maintain my property along
the road side, but with ever increasing summer parking, erosion
has become the norm. Since the biking and jogging lanes were
marked vehicles now want to park within the white line, thus they
must park partly on the grass. Myself and the county has tried
every year to seed, sod, or put tar strips down to combat this
erosion, but to no avail, we cannot keep up.
Another major concern is pedestrian traffic along the road.
It is heavily used during the summer months for walking, biking,
jogging and pulling wagons full of kids to the lake. With
parking permitted along the road it forces people to move into
vehicle traffic area. I feel that this is very dangerous and
can be prevented by the placement of no parking along both sides
of County Road E.
please issue a request to the County for no parking in the
requested area.
Very truly yours,
!!t'::~L/4c4:
. Steph n Gericke
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i Date: Thursday April 9,1987
To: Arden Hills City Council
Location: Arden Hills, Minnesota
From: Stephen Gericke
Location: 1840 W. County Road E
Arden Hills, Minnesota 55112
Phone: 633-8792 .
Subject: No parking request along the south side of County
Road E from Lake Johanna Blvd West to the high
voltage power lines.
I am requesting that the City Council consider my request
for no parking along County Road E.
I have talked with the County about putting up no parking
signs, but was told that although they would love to, the City of
Arden Hills must first request the no parking. No parking
already exists on the North side of County Road E.
. Over the years I have tried to maintain my property along
the road side, but with ever increasing summer parking, erosion
has become the norm. Since the biking and jogging lanes were
marked vehicles now want to park within the white line, thus they
must park partly on the grass. Myself and the county has tried
every year to seed, sod, or put tar strips down to combat this
erosion, but to no avail, we cannot keep up.
Another major concern is pedestrian traffic along the road.
It is heavily used during the summer months for walking, biking,
jogging and pulling wagons full of kids to the lake. With
parking permitted along the road it forces people to move into
.vehicle traffic area. I feel that this is very dangerous and
can be prevented by the placement of no parking along both sides
of County Road E.
Please issue a request to the County for no parking in the
requested area.
Very truly yours,
~Ach
. step n GeriCke~
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MEMORANDUM
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Date: April 24, 1987
To: Arden Hills Council
From: Robert W. Raddatz, Public Works Supervisor
Re: Truck Purchase
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Our new truck has been delivered from Boyer Ford. There were some initial
problems; all but one has been corrected. Boyer has promised to correct
this problem when the truck has had the box and hoist installed.
Council approval of a payment of $33,199.75 for this truck is requested.
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MEMORANDUM
Date: April 24, 1987
To: Arden Hills Council
From: Robert W. Raddatz, Public Works Supervisor
Re: Water Main Extension
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I purchased a lot on Old Highway 10 that does not have City water to it.
I am 150 feet from the water main. I am requesting that the City extend
the water main past my lot. I have talked to Don Christoffersen about it,
and he would, under the City's guidelines, draw up plans and do the
inspecting.
The line would have to cross over one other lot before it got to mine
(4325 Old Highway 10). I have talked to these people, and they have no
objections to the line going across their property.
The cost of the project will be paid by myself.
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Minutes of Regular Public Safety/Works Committee Meeting
Village of Arden Hills
. April 16, 1987
Village Hall
Call to Order
The meeting was called to order at 7:32 p.m. by Chairman Schultek.
Roll Call
Present: Dick Schu1tek, Roy Ambli, Bob Carley, Duane Long, Paul Malone,
David McClung, Bud Steg1ich, Ed Tro1ander
Absent: Bill Gillies, Jerry Timm, Don Zehm
Also Present: Public Works Supervisor Robert Raddatz, Clerk Administrator
Patricia J. Morrison, Fire Chief Dan Winkel, Deputy Frank Herbst
Approval of Minutes
The minutes of March 19, 1987 were approved as submitted.
o~/ReQuest for Parkinlt Restrictions, South Side of County Road E, From Lake
v Johanna Blvd. to the Hilth Vo1talte Power Lines
Committee was referred to minutes of Council meeting of April 13, referring
this request to this committee, and to letters from Stephen Gericke and the
Poe1zer family, residents along this road.
Clark Adair, 3491 Lake Johanna Blvd. presented the neighborhood's rationale for
this request, intended to eliminate parking by Tony Schmidt Park visitors in
this area. He stated that (1) parking there constitutes a safety hazard; the
. cars tend to park on the jogging trail which borders County Road E, and a~so
close to the intersection, so visibility at the intersection becomes a problem;
(2) parking there has caused problems with maintenance of the curbing and
erosion of the banks, and (3) persons using the park illegally, after it closes
at 10:00 p.m., tend to use this area for parking so their presence in the park
is less easy for deputies to detect.
Deputy Herbst added his support to the neighborhood request; however, he
recommended the no parking rule extend to New Brighton Road. He stated that
four years ago, at the request of the Sheriff's Department, both sides of
Johanna Boulevard bordering the beach area were posted, and three years ago,
County Road E was posted on the north side because of the number of accidents
occurring at the intersection of County Road E and Johanna Blvd.
Fire Chief Winkel concurred with the recommendations as well; County Road E is
used by the fire vehicles and the narrowness of the road, plus lack of
visibility at the corner if cars are parked along the road, creates a safety
hazard.
Schu1tek expressed concern that imposing a parking ban such as this would
merely be "putting a bandaid on a much bigger problem", that of overuse of the
park. The park itself contains 128 parking spaces, the recommended number for
a lake and park of this size; he feels the park is overused, and steps should
be taken by Arden Hills to protect this natural resource. Deputy Herbst added
that Lake Johanna incurred more calls for lake rules violations than any other
lake in Ramsey County. More than half of the users of the lake are from
. outside Ramsey County, apparently because Hennepin County charges fees for lake
usage and Ramsey County does not.
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Minutes of Regular Public Safety/Works Committee Meeting, April 16
. Page 2
Committee concurred with Schu1tek's concerns, and recommended that a study be
made of Lake Johanna and the surrounding area, with subsequent recommendations
made to Council and the County regarding possible improvements and
restrictions.
It was moved by Amb1i, seconded by Malone, that C~mmittee recommend to Council
that the County be requested to post County Road E, from Lake Johanna Boulevard
to New Brighton Road, on the south side as well as north side, as no parking at
any time. Motion carried unanimously.
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".ReQuest for Street Li~ht, Prior and Jerrold
v" Committee was referred to Council minutes of April 13, referring this request
to the Public Safety/Works Committee, and to letter from Ken and Kathy
McIntosh, 1929 Jerrold Avenue. They are requesting a light in this small,
wooded area, which abuts Hazelnut Park, because of vandalism and loitering
problems they have encountered since moving into their home six months ago.
After discussion, motion was made by Malone, seconded by Steglich, that
Committee recommend to Council that this request for street lighting be denied,
and the residents adVised that they may wish to pursue the option of a private
security light. Motion carried unanimously. Rationale for this denial is (1)
a light at this junction is not on the master street lighting plan, and (2) the
effect of lighting in reducing the vandalism and loitering is questionable.
. The Committee further recommends that Parks Director Buckley and Public Works
Supervisor Raddatz arrange for removal of debris and cut down some trees in the
area, thus hopefully discouraging some of this loitering.
Fire Department Report - Fourth Station Discussion
Chief Winkel reported there was quite an increase in fires in the last two
months, largely due to grass fires. He is allowing no recreational burning
~ecause of the dry conditions. The Department has made 40 more calls this year
than last year at the same time.
Malone reviewed the status of the fourth station with the committee. Council
has entered into a joint powers agreement with Shoreview for construction of
this station. Some of Malone's concerns with this agreement include:
The original plan was that it be located along Lexington; the site now
chosen is in Island Lake Park, 3/4 mile from the Arden Hills border. While
he agrees that Arden Hills needs more fire protection in the north end,
locating the station 3/4 mile from the border causes questions in his mind
as to the value of this station to Arden Hills. The fire consultant
recommends a pumper be located within 1-1/2 mile of any point in the city;
having the station in this area means it has to go 3/4 mile before it
reaches any point of Arden Hills.
The Joint Powers Agreement signed calls for a steering committee for the
fourth station composed of, in year 1 of the agreement, 2 Shoreview
. representatives and 1 Arden Hills, in year 2, 2 Arden Hills and 1 Shoreview
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Minutes of Regular Public Safety/Works Committee Meeting, April 16
Page 3
. representative. Obviously in year 1, (2 Shoreview, 1 Arden Hills
representative), all major decisions regarding equipment purchase and
building design will be made; subsequent years will probably involve only
operating decisions.
The Joint Powers Agreement calls for Arden Hills to pay one-half of all
start up costs, although this is open to some negotiation with Shoreview.
Arden Hills' fire protection needs could be met with a fairly small
building, with two bays, and purchase of an aerial; Shoreview would like a
larger building and inclusion of another pumper.
The capitol costs for constructing and equipping the fourth station as
Shoreview would like it equipped are estimated to total $865,000. Arden
Hill's share with a 50-SO split would be $432,000. Ongoing costs would
cause the Fire Protection annual budget to increase 100% when the station
is operational. Malone expressed concern that Arden Hills was in a
position of spending so much money for a fire station that was not even in
our city, and questioned the benefit to Arden Hills with the location of
Station 114.
Shoreview's future plans are unknown...the possibility of their creating
their own fire department exists.
A list of Fire Department equipment at each of the four stations, plus costs
. for future replacements, was included in Malone's report. Also included for
comparison purposes, was a listing of equipment owned by fire departments in
numerous other cities.
Malone asked Winkel for his recommendation re Arden Hills' fire protection
needs. Winkel stated that the Fire Department had prepared a long range plan
in 1981. The Department currently is updating that plan.
Winkel was asked if he could suggest abetter plan for fire protection to what
,Shoreview is planning. He stated the value of Station 4 to Arden Hills will
depend on the success in recruitment of fire fighters...if enough fire fighters
close to the station are recruited, it could increase response times to most of
Arden Hills.
Asked if there was a danger of Shoreview "pulling out" down the line, Winkel
replied that the Fire Department has a 11 year contract with them for Station
#3, (renewable annually).
Committee discussed whether it was still possible for Arden Hills to dissolve
the Joint Powers Agreement. Consensus was that it was possible.
It was asked if we wanted to risk this large an investment (almost half a
million dollars) in order to reduce response times...how important are response
times?..are there other criteria that should be used in measuring fire
protection as well? Winkel stated he did not believe response times should be
the only criteria used; ISO ratings come into it as well.
. Schultek felt that while City may not have struck the best deal it could in
fire protection, since an alternative plan was not available, it would be best
to go ahead with Station 4, negotiating to get the best deal financially
possible.
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Minutes of Regular Public Safety/Works Committee Keeting, April 16
. Page 4
Motion was made by Malone, seconded by McClung, that Arden Hills withdraw from
its contract with Shoreview for Station #4. Kotion failed (all opposed).
Motion was made by Malone, seconded by Steg1ich, that Arden Hills participate
with Shoreview in Station #4 to the extent of purchase of an aerial truck. and
purchase a parcel of land in the north end of Arden Hills (preferably next to
the Public Works Building) for use as a future fire station. (ColIDDittee felt
this essential should Shoreview elect to have its own fire department.) Motion
carried (Schu1tek, Ambli, Carley, Malone, McClung, Steg1ich, Tro1ander in
favor, Long abstained).
Sheriff's Department Report
Deputy Herbst reported that alarm calls were down in March; burglaries were
down significantly; DWI's were the highest ever, with Ramsey County listing 5
and the Highway Patrol 21.
Recyc1in~ Report
Dale Henderson, representing Waste Management, presented his company's response
to the letter regarding recycling written by this committee. He stated that
his company was opposed to organized hauling in general, but would be willing
to cooperate and interested in submitting a bid should Arden Hills decide to
institute this. They are in the process of preparing a recycling
program...wou1d probably use a three bin system (paper, metal, glass); would
. use a ~eparate truck, which would pick up recyclables on the same day as
regular refuse is collected. Measurement would be in weight. Waste Management
will be using the new Newport facility. He was not prepared to speak to the
cost of such a program as yet; will submit cost estimates later. The price
received for recyclab1es will certainly not cover the cost of the program.
He was asked why Waste Management is opposed to organized hauling. He stated
they prefer being able to provide their customers with more options; feels it
, provides the City with better working relationships; his company is also
oconcerned with anti-trust laws.
Tour of Newport Refuse Facility
Those committee members interested in touring the Newport facility are listed.
Raddatz will take as many as possible in his van. Meet at the Village Hall at
6:30 p.m., April 23.
Nancy Hansen
Bob and Cheryl Raddatz
Don and Dorothy Zehm
Bud and Mrs. Steg1ich
Paul Malone
Dick Schultek
David McClung
Update on ParkinR Problem, Mounds View HiRh School
Raddatz expects the signs for 2 hour parking to be delivered by the middle of
. next week (April 22). Janet Court will be posted; Fairview, Gramsie and
Rolling Hills road will be posted if the students begin to cause a parking
problem on those streets.
House NumberinR
Minutes of Regular Public Safety/Works Committee Meeting, April 16
. Page 5
It was moved by McClung, seconded by Steglich, that Committee recommend to
Council that "door hangers" (sample attached) be prepared explaining the
importance of visible house numbers, and distributed via Public Works
employees, CSO officer, Boy Scout troops, to all Arden Hills residents whose
homes are inadequately identified. Motion carried unanimously. (McClung to
contact Ramsey County Explorer Scout troop to see if they would like the
project of hanging the messages on door.)
Adiournment
The meeting was adjourned at 10:35 p.m.
Submitted by Shirley Marshall
THE NEXT REGULAR MEETING OF THE PUBLIC SAFETY/WORKS COHHI'lTEE
WILL BE HELD HAY 21, 1987, 7:30 P.M.
AT THE VILLAGE HALL
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I ~ - ~ Arl"il \Q"7
;. Current plans for Station 4 will result in the following costs:
Station 4: Capital Costs
Building $300,000 -
Aeri a 1 425,000
Pumper 140,000
$865,000 plus costs of equipment
(turn-out gear, air packs, etc.)
Arden Hills share $432,000
Station 4: Ongoing Costs
Assume: $150,000 per station per year
Station Arden Hill s Shorey i ew North Oaks
1 $150,000 - -
2 - $ 75,000 $ 75,000
3 - 150,000 -
4 75,000 75,000 -
Totals $225,000 $300,000 $ 75,000 $600,000
37.5% 50.0% 12.5%
.
Current plan for deployment
G.P.M.
Station 1 Pumper 762 1,250
Pumper 765 1,250
Grass 766
Grass 769*
Station 2 Pumper 761 1,250 .
Pumper 763 1,000
Hi ni -pumper 760 350
Tanker 764
Grass 767'*
Grass 768
Station 3 Pumper 840 1,250
Pumper 841 1,250
Station 4 Aerial pumper 84X 1,500
Pumper 84Y 1,250
SUlllllary:
. 1 mini-pumper 1 tanker
7 Pumpers 4 grass
1 aerial
*Now at Station 3
~. . ___._u___..______ --_.,-"'-~
. .
. Equipment of Others
Maple Plain, MN 1,600 Mound, MN 9,700
2 pumpers 4 pumpers .
1 rescue 1 rescue
1 grass 1 grass
2 tankers 1 tanker
1 1 adder
Mi nnetonka, MN 42,000 Minneapolis, MN 360,000
5 pumpers 3 stations 19 pumpers
1 rescue 11 1 adders
1 tanker
3 grass
1 aerial
Brooklyn Park, MN 51,000 St. Paul, MN 267,000
3 pumpers 3 stat ions 18 pumpers
3 pumpers/rescue 7 ladders
1 pumper/aerial 2 rescue/pumpers
1 salvage
2 grass
2 tankers
. St. Anthony, MN 7,600 Detroit, MI 1,200,000
3 pumpers 41 pumpers
1 utility 28 1 adders
Plymouth, MN 36,800 McDonald, OH 3,700
4 pumpers 2 pumpers
2 grass 1 hose
I tanker 2 rescue
1 aerial platform 1 grass
New Brighton, MN 23,000 Bedminister, NJ 40,000
4 pumpers 3 pumpers
1 grass 1 snorkel
1 rescue
Cranford, NJ 26,000 Mounds View, Spring Lake,
3 pumpers Blaine, MN
1 ladder 5 stations
1 mini-pumper
5 pumpers
2 1 adders
1 Haz-Mat
Fruitland, MD 3,000 Ontario, OR
4 pumpers 4 pumpers
1 tanker 1 snorkel
. Derby, CT
5 pumpe rs
1 1 adder
1 grass
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,. Costs for future replacements through 20000
1987 1 aerial 9 $425,000 (new 84X)
1 pumper 9 $140,000 (new 763)
1988 1 tanker @ $ 90,000 (new 764) -
1989 1 pumper @ $140,000 (new 762)
1992 1 grass 9 $ 40,000 (new 766)
1998 1 pumper 9 $160,000 (new 765)
Possible Alternate Deployment
. G.P.M.
Station 1 Pumper 762 1,250
Pumper 765 1,250
Grass 766
Station 2 Aerial 84X 1,500
Tanker 764
Pumper 761 1,250
Grass 768
Station 3 Pumper 840 1,250
Mini-pumper 760 350
Util ity 838 (new)
. Stati on 4 Pumper 841 1,250
Pumper 763 (new) 1,250
Grass 769
Delete 767
SUl1ll1a ry:
6 pumpers 1 tanker
1 mini-pumper 1 aerial
3 grass 1 utility
, , Arden Hills - Possible plan for buy-out of Station 1
~ 1 pumper 762 $ 20,000
-
~ .,..... 1 pumper 765 45,000
~ t".
;;," , 1 9rass 766 5,000
, 1 pumper (84X) 140,000
-- \
)( -. '- $210,000
.0 ~~
~~ o ,
7 ~
, )- , Building:
'"
v J,
\ /\..: Existing $120,000
'7, New 100,000 - To be built near City Hall and house 84X
$220,000
Tota 1 $430,000
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SA(Ylple I=' I yev-
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SAFETY IN NUMBERS I
We ask your support in our attempt to make Arden Hills an even
safer place to reside. We hope to accomplish this by urging
your compliance with Building/Fire Code requirements for legible
numbering of your home.
The Building/Fire Code states.....Approved numbers and addresses
shall be provided for all new buildings in such a position as to
be plainly visible and legible from the street or road fronting
the property. Said numbers shall contrast with their background."
Legible and easily recognizable numbering will guarantee a
faster response to your home by our Police and Fire Department
in an emergency situation.
.
Th. a. n..k ycn..1 !
City of Arden.. Hills
633-5676
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SAFETY IN NUMBERS!
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"C:l.ty Code requ.:l.res a.l..
bu.:l.J..d:l.ngs be proV'::Lde.~
~ _:l.th pJ..a.:l.nl..y V'::Ls:l.bl..e
17 I nUDlber:l.ng
~ c.ontrasted _:l.th
bu.::LJ..d:l.ng ba.c.kgrou.nd
<(') ---Q ----
::C"
c For you.r safety
. 0 We 'U.rge you.r
--p
J)/ co:rnpl..:l.ance -:l.th th:l.s
Code
<9
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J9 Thank you.
I "\ CITY OF ARDEN HILLS
.' / 633-5676
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:.
Date: Thursday April 9,1987
To: Arden Hills City Council
Location: Arden Hills, Minnesota
From: Stephen Gericke
Location: 1840 W. County Road E
Arden Hills, Minnesota 55112
Phone: 633-8792 .
Subject: No parking request along the south side of County
Road E from Lake Johanna Blvd West to the high
voltage power lines.
lam requesting that the City Council consider my request
for no parking along County Road E.
I have talked with the County about putting up no parking
signs, but was told that although they would love to, the City of
Arden Hills must first request the no parking. No parking
already exists on the North side of County Road E.
. Over the years I have tried to maintain my property along
the road side, but with ever increasing summer parking, erosion
has become the norm. Since the biking and jogging lanes were
marked vehicles now want to park within the white line, thus they
must park partly on the grass. Myself and the county has tried
every year to seed, sod, or put tar strips down to combat this
erosion, but to no avail, we cannot keep up.
Another major concern is pedestrian traffic along the road.
It is heavily used during the summer months for walking, biking,
jogging and pulling wagons full of kids to the lake. With
parking permitted along the road it forces people to move into
-vehicle traffic area. I feel that this is very dangerous and
can be prevented by the placement of no parking along both sides
of County Road E.
Please issue a request to the County for no parking in the
requested area.
Very truly yours,
~A~
. Step n GeriCke~
< .
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JAMES S. LYNDEN
ATTOR/'.iEY AT LAw
.
April 24, 1987
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
City Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
Re: Ordinance Amending Snowmobile Provisions in Arden Hills Code
Dear Pat:
. I enclose herewith a revised draft of the Ordinance which
accomplishes, I hope, what the Council desires. I have changed
Sections 26-35 and 26-36 in their entireties and have added a new
Section 26-50. I substituted provisions about which the Mayor
and I talked on Wednesday, April 22, 1987.
I am sending copies of the Ordinance to each of the
Councilpersons at their respective homes.
Very truly yours,
JAMES S. LYNDEN
James-S~ Lynden--' .----
JSL/ras
. 8nclosures
I~@~~[
612223-5436 612297-6400
Soo AMHorsT TOWeR ST. PAUL, MINNESOTA 55102
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.
---
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26
OF THE ARDEN HILLS CODE BY INCREASING PURVIEW
THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES,
REORGANIZING SAID ARTICLE, AND ADDING A SECTION
REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES
The City Council of Arden Hills ordains:
Section l. Change of Ti tle of Article II of Chapter 26 of
Arden Hills Code. Article II of Chapter 26 of the Arden Hi lIs
Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES".
Section 2. Amendment to Section 26-22 of Arden Hills Code.
Section 26- 2 2 of the Arden Hi lIs Code is hereby amended to read
as follows:
. IISee. 26-22. Adoption and Incorporation by Reference
of Statutes and Regulations.
Sections 84.1 through 84.90 of Minnesota Statutes, as
now constituted and as hereafter amended, together
with the reg ula t ions of the Minnesota Department of
Natural Resources, including spec if i call y but not
limited to, Sections NR51 through 59 as now
constituted and as hereafter amended, are hereby
adopted by reference, made a part of this Chapter as
though completely set forth herein, and shall regulate
the operation of recreat ional motor vehicles on lands
not owned by the operator within the City. At least
three (3 ) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and
filed 1n the off i ce of the Clerk-Administrator in the
City Hall.
Sect10n 3 . Repeal of Section 26-22(b) of Arden Hills Code;
Add1 t ion of New Section 26-23 Thereto. Article II of Chapter 26
of the Arden Hi 11 s Code 1S hereby amended by strik,ng, deleting
and repealing subsection (b) of Sect10n 26-22 thereof, and
substituting therefot' a new Section 26-23 which reads as follows:
"Sec. 26-23. Effect of Violation of Statutes and
Regulations. Any violation of the statutes and
. regulations adopted by reference 1n the prev10us
Section hereof shall be considered a violatlOn of this
- I -
. Article of the Arden Hills Code when it occurs within
the limits of the City. Any person violating any
provision thereof shall be guilty of a misdemeanor and
shall be punished as provided in Section 1-10 of this
Code."
Section 4. Deletion of Title "DIVISION 2. SNOWMOBILES" and
Repeal of Sections 26-29 and 26-30 of Arden Hills Code. The title
"DIVISION 2. SNOWMOBILES", which appears between Sections 26-22
and 26- 29 of the Arden H111s Code, is hereby deleted, and
Sections 26- 29 and Sections 26-30 thereof are hereby repealed.
Section 5. Addition of New Section 26-24 to Arden H11ls
Code. Art1cle II of Chapter 26 of the Arden Hills Code is
hereby amended by adding thereto a new Section 26-24 Wh1Ch reads
as follows:
Sec. 26-24. In ten t.
It is the intent of this Article to supplement the laws
of this State wi th respect to the operation of
recreational motor vehicles, in particular, and
Chapters 168 through 171 of Minnesota Statutes, as
amended, in general. This Article 1S not intended to
allow what the State statutes prohibi t nor to prohibit
what the State statutes expre ssly allow. "
. Section 6. Addi tion of New Section 26-25 of Arden Hills
Code. Article II of Chapter 26 of the Arden Hills Code is hereby
amended by add1ng thereto a new Section 26-25:
USee. 26-25. Definitions. For the purposes of this
Article, the follow1ng words and phrases shall have the
meanings respectively ascribed to them:
(a) All Terrain Vehicle: A three-wheel, off-road
vehicle or motorized flota tion-t ired vehicle of not
less than three (3 ) low pressure tire s, but not more
than SlX (6 ) tiresl that is limi ted 1n eng1ne
displacement of less than 800 cubic centimeters and
total dry weight of less than 600 pounds.
(b) Operate: To ride in or on and control the
operation of a recreational motor vehicle.
(c) Operator: A pe r son who operates or is in actual
physical control of a recreational motor vehicle.
(d) Owner: A person, other than a lien holder, having
ownership of or title to a recreational motor vehicle
and ent1tled to the use or possession thereof.
.
- 2 -
_._----_.~ ----------
. (e) Recreational Motor Vehicle: A self-propelled
vehicle and any vehicle propelled or drawn by a self-
propelled vehicle used for recreational purposes
including, but not limited to, any snowmobile, trail
bike, all-terrain vehicle, hovercraft and other motor
vehicle licensed for highway operation which 1S be1ng
used for off-road recreat10nal purpose s. "
(f) Roadway: That portion of a highway improved,
designed or ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for
travel on snow or ice on a natural terrain, steered by
wheels, Sk1S or runners.
Section 7. Change in Notation as to Sections Reserved at
End of Division 1 of Article II of Chapter. The notation at the
end of Division 1 of Article II of Chapter 26 of the Arden Hills
Code as to Sections re served for future use is hereby amended to
read as follows:
"Sees. 26-26 through 26-30. Reserved.
. Section 8. Addition of New Title for Division 2 of Article
II of Arden Hills Code and Placement Thereof. Immediately prior
to Section 26-31 of the Arden Hills Code, the following new title
for Division 2 of Article II of Chapter 26 thereof shall be
inserted:
"DIVISION 2. REGULATIONS"
Section 9. Substitution of Term "Recreational Motor
Veh1cle" for "Snowmobile" Wherever the Latter Appears in Sections
26-31 through 26- 48 of Arden Hills Code. Wherever the term
IIsnowmobilell appears in Sections 26-31 through 26-48 of the Arden
Hills Code, the term "recreat1onal motor vehicle" shall be
substituted therefor.
Section 10. Alteration of Section 26-35 of Arden Hills
Code. Section 26-35 of the Arden Hills Code is hereby amended to
read as follows:
"Sec. 26-35. Operation Within Right-Of-Way.
It shall be unlawful for any person:
( a ) To operate a recreational motor vehicle upon the
roadway, shoulder or inside bank or s lope of any
trunk, county state aid, city or county highway,
. and, 1n the case of a divided trunk or county
- 3 -
. highway, on that portion of the right-of-way
which lies between the opposing lanes of traffic
except as provided herein;
(b) To operate a recreational motor vehicle within
the unpaved portion of the right-of-way of any
trunk, county state aid, city or county highway
between the hours of 1/2 hour after sunset to 1/2
hour before sunrise exce pt on the right-hand side
of the unpaved portion of the right-of-way and in
the same direction as the highway traffic on the
nearest lane of the roadway adjacent thereto; and
(c) To operate a recreational motor vehicle at
anytime within the right-of-way of any interstate
highway or freeway. "
Section ll. Modification of Section 26-36 of the Arden
Hills Code. Section 26-36 of the Arden Hills Code is hereby
amended in its entirety to read as follows:
"Sec. 26-36. Operation on Roadway.
It shall be unlawful for any person to operate a
. recreational motor vehicle upon the roadway of any city
street except as permitted in Section 26.38 hereof. "
Section 12. Addition of New Section 26- 49 to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26-49
which reads as follows:
ITSec. 26-49. Mandatory Pennant for Snowmobile.
No person shall operate a snowmobile unless such
vehicle is equipped with a red or orange blaze
pennant flag of at least forty (40 ) square inches in
area and displayed at a height of not less than five
(5 ) fee t above the treadway. "
Section 13. Addi tlon of New Section 26-50 to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26-50
which reads as follows:
USee. 26-50. Operation of All Terrain Vehicle.
It shall be unlawful for any person to operate an all
terrain vehicle anywhere withw the limits of the
City from and including Apr i 1 1 to and including
. Octobe r 31 of each year. n
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. Sect ion 14. Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this day of , 1987.
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Robert Woodburn, Mayor
Attest:
Patricia ~orrison,
Clerk-Administrator
.
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JAMES S. LYNDEN
ATTORNEY AT LAw
.
April 24, 1987
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
Ci ty Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
Re: Ordinance Arnending Sno'ofrnobile provisions in'Arden' Hi II's 'Code
Dear Pat:
. I enclose herewith a revised draft of the Ordinance which
accomplishes, I hope, what the Council desires. I have changed
Sections 26-35 and 26-36 in their entireties and have added a new
Section 26-50. I substituted provisions about which the Mayor
and I talked on Wednesday, April 22, 1987.
I am sending copies of the Ordinance to each of the
Councilpersons at their respective homes.
Very truly yours,
<
JSL/ras
. Enclosures
612223-5436 612297-6400
800 AM HOIST TOWER ST. PAUl, MINNESOTA 55102
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(Source: Ord. 89 as amended by Ord. ~ 70, 197 &nd 275.)
. -~78. Snowmobiles and Recreational Vehicles :..
. -
"- 78."10. State Law Adopted. -alinn. $tat.~'74, -584.811;0
:::.84..0.J.nclusiv~, .and the ~e!Jul.tioDs.ofltbe Minnesota
' Commissioner of liatural -'esources, reg. ..R. 51 to'S9inclusive,
. including subsequent amendments, .rehereby ~dopted and
',~ncorporated berein by reference. , ::o~ c, "o~:'-: r,~' ":"-'7C':',,"~,,-,
.cl:-";'S.t120. Definitions. :P~~-tbe'p~rp08e ~f J.:hi;"':cbapte;; ~'b~
terms defined shall have the following aeaning ascribed to them:
(1 ) Person. -%ncludes ..an i04ividual. partnerabip,
corporation, and any body of per.onw, whether ~ncorporated or
Got. ~~'- - :-'. ~
(2) Snowmobile. Means a self-propelled vehicle designed
for travel on snow or ice steered by skis or;runners. - ..
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(3 ) Becreational Motor Vebicle or R.V. .Means any
- aelf-propelled vehicle .and any vehicle propelled or drawn by .a
. aelf -propelled vehicle used for recreational purposes. including
but Got limited to snowmObiles, trail bikes or other all-terrain
vehicles, bovercrafts, or motor vehicle licensed for bighway
operation which is being used for off-road recreational purposes.
(4) Owner. Means a ~erson, other than .a lien bolder,
~aving the property in or title to snowmobile or recreational
~tor vehicle entitled to the use or possession of.
I ( 5 ) Operate. ~eans to ride in or on and control the
i operation of a snowmobile or recreational vehicle.
i Means every person who operates or is in
I ( 6 ) Operator.
actual physical control of a snowmobile or recreational vehicle.
78.030. ~peration. Except as otherwise specifically
permitted, it is unlawful for any person to operate a snowmobile
or recreational vehicle:
. ,.-,(1) ,'Within the right-of-way of any City .treet.
(2) On a public sidewalk .provided forpedestrian:traffic.~_ ._-~,'
_.~--'-..-
. (3) On boulevards within any City public right-of-way.
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1-1-86 U3
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/ ee) On private property of anotber without written/dated/
/ signed permission of the OWner or person in control of said
i property, wbicb permission sball be on tbe Operator's person.
. (5) Upon any school grounds without written/dated/signed
permission of responsible scbool authority, which permission
ahall be 'on the operator'. person.
" (6) Dn any other public place or 9round except as aay be
'-apecificallypermitted by other 'provisions of theCitj' Code.
78.~CO. Crossinq...a sOOWlllObile or recreational ;"'ebicle lllay
aake a .direct cressing of . street or highway (except ~n
interstate bighway or freeway) as follow:.
'. (I) .1.'be crossingi. aade .t~n ang1e'of'..pprod~atelY
tlinety (90) degrees to tbe direction of the street or highway and
'.t a place where DO obstraction 'prevents .. quick. and ,cafe
:cross ing.
(2) '2'he snoW'lllobile or .recreational vebicle Is brought to a
! complete stop before crossing the street or highway and is then
I walked across the street or higbway.
I
, (3) 'The driver yields the rigbt-of-way to all oncoming
vehicles or pedestrians which constitute an immed1ate hazard.
78.050. Bours. 50 person shall operate a snoW'lllobile or
. recreational vehicle not ~icensed for highway use or a
. re~reational vehicle licensed for bighway use when operating on
pr1vate property:
(1) During the hours from 10:00 p.a. to 8:00 a... of any
~ay of the week.
(2) Within one hundred (lOO) feet of any skating rink or
.liding area where the operation would conflict with its use or
,endanger other persons or operations.
7S.060. Equipment. It is unlawful for any person to
~perate a snowmobile or recreational vebicle unless it is
equipped with the following:
(1) Brakes adequate to control the -.ovement of and to stop
and hold the snowmobile and recreational vehicle under any
condition of operation.
(2) A safety or SO-called -dead aan'.- throttle in
operating condition.
(3) %f driven du~in!J 4artnessa headlamp anc!t.aillight ,
~isible from at least One hundred (lOO) feet and reflected
aaterial 80 as to reflect ligbts at a ninety (to) degree angle.
,
. I-1-B6 184 f
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. 78.070. Exceptions. 1'he provisions of this chapter shall
uot apply to snowmobiles and recreational vehicles used by
90vernmental agencies in the pursuit of their duties or during
. emergency use due to adverse weather.
78.080. Licensinq of Recreational Vehicles.
H) All owners of recreational vehicles cust register such
vehicles with the City and be issued registration letters or
.~umber8 to affix to .aid vehicles. ~e registration ~ee viII be
according to 590.030 of the City Code. ;Letters or., Clumbers, .ball
tle as .upplied by ~~e City. ""- - -,:~. j .. .... '.. 'l-: ~ ":; ..-1 .": _~
. . .
' .;; -(2) "Upon reee i v i ngthe registratio~ ~umber'.- ;'"r: .1et~~s the
~wner8 of .acb recreational vehicle ahall ,affix tbem iDeuch .
. .....nner as to be easily visIble and be kept rree of snow or .ud. .
(3) 1tecreatlonal vehIcles licensed by t.he .tate are e.zempt
I:rom the licensing requirements of this section. '
(Source: Ord. 109 a. amended by Ord. 188 and 317.)
(The next page is 200.)
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~-1-86 185 ,
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JAMES S. LYNDEN
ATTORNEY AT LAW
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April 24, 1987
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
Ci ty Hall
1450 West Highway 96
Arden Hills, Minnesota 55112
Re: Ordinance Artlending Snowrtlobileprovisions in . Arden Hi~ls Code
Dear Pat:
. I enclose herewith a revised draft of the Ordinance which
accomplishes, I hope, what the Council desires. I have changed
Sections 26-35 and 26-36 in their entireties and have added a new
Section 26-50. I substituted provisions about which the Mayor
and I talked on Wednesday, Apri 1 22, 1987.
I am sending copies of the Ordinance to each of the
Councilpersons at their respective homes.
Very truly yours,
<
JSL/ras
. Enclosures
612223-5436 612297-6400
800 AM HOIST TOWER ST, PAUL, MINNESOTA 55102
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.
---
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26
OF THE ARDEN HILLS CODE BY INCREASING PURVIEW
THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES,
REORGANIZING SAID ARTICLE, AND ADDING A SECTION
REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES
The City Council of Arden Hills ordains:
Section l. Change of Ti tle of Article II of Chapter 26 of
Arden Hi lls Code. Article II of Chapter 26 of the Arden Hills
Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES".
Section 2. Amendment to Section 26-22 of Arden Hills Code.
Section 2 6- 2 2 of the Arden Hills Code is hereby amended to read
as follows:
. IISee. 26-22. Adoption and. Incorporation by Reference
of Statutes and Regulations.
Sections 84.1 through 84.90 of Minnesota Statutes, as
now constituted and as hereafter amended, together
with the regulations of the Minnesota Department of
Natural Resources, including specifically but not
limited to, Sections NR5l through 59 as now
constituted and as hereafter amended, are hereby
adopted by reference, made a part of this Chapter as
though completely set forth herein, and shall regulate
the operation of recreational motor vehicles on lands
not owned by the operator within the City. At Ie ast
three (3 ) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and
filed in the office of the Clerk-Administrator in the
City Hall.
Section 3. Repeal of Section 26-22(b) of Arden Hi 11 s Code;
Addition of New Section 26-23 Thereto. Article II of Chapter 26
of the Arden Hills Code is hereby amended by striking, deleting
and repealing subsection (b) of Section 26-22 thereof, and
sUbstituting therefor a new Section 26-23 which reads as follows:
"Sec. 26-23. Effect of Violation of Statutes and
Regulations. Any vio1at~on of the statutes and
. regulations adopted by reference in the previous
Section hereof shall be considered a violation of this
- 1 -
--- --- -----
. Article of the Arden Hills Code when it occurs within
the limits of the City. Any person violating any
provision thereof shall be guilty of a misdemeanor and
shall be punished as provided in Section 1-10 of this
Code. "
Section 4. Delet ion of Ti tle "DIVI SION2. SNOWMOBILES" and
Repeal of Sections 26-29 and 26-30 of Arden Hills Code. The title
"DIVISION 2. SNOWMOBILES", which appears between Sections 26-22
and 26- 29 of the Arden Hills Code, is hereby deleted, and
Sections 26-29 and Sections 26-30 thereof are hereby repealed.
Section 5. Addi tion of New Section 26-24 to Arden Hills
Code. Artlcle II of Chapter 26 of the Arden Hills Code is
hereby amended by adding thereto a new Section 26-24 which reads
as follows:
Sec. 26-24. In ten t.
It is the intent of this Article to supplement the laws
of this State with respect to the operation of
recreational motor vehicles, in particular, and
Chapters 168 through 171 of Minnesota Statutes, as
amended, in general. This Article is not intended to
allow what the State statutes prohibit nor to prohibit
what the State statutes expressly allow. "
. Section 6. Addi tion of New Section 26-25 of Arden Hills
Code. Article II of Chapter 26 of the Arden Hllls Code is hereby
amended by addlng thereto a new Section 26-25:
IISec. 26-25. Definitions. For the purposes of this
Article, the following words and phrases shall have the
meanings respectively ascribed to them:
'h
(a) All Terrain Vehicle: A ',t,JI~4',.-Q"""ao'a 1", off-road
vehicle or motorized flotation-tired vehic Ie of not
less than three (3 ) low pressure tires, but not more
than six (6 ) tires, that is limited in englne
displacement of less than 800 cubic centimeters and
total dry weight of less than 600 pounds.
(b) Operate: To ride in or on and control the
operation of a recreational motor vehicle.
( c ) Operator: A person who operates or is in actual
physical control of a recreational motor vehicle.
(d) Owner: A person, other than a lien holder, having
ownership of or ti tle to a recreational motor vehicle
and entitled to the use or possession thereof.
.
- 2 -
. (e) Recreational Motor Vehicle: A self-propelled
vehicle and any vehicle propelled or drawn by a self-
propelled vehicle used for recreational purposes
including, but not limi ted to, any snowmobile, trail
bike, all-terrain vehicle, hovercraft and other motor
vehicle licensed for highway operation which is being
used for off-road recreational purposes. "
(f) Roadway: That portion of a highway improved,
designed or ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for
travel on snow or ice on a natural terrain, steered by
wheels, skis or runners.
Section 7. Change in Notation as to Sections Re served at
End of Division 1 of Article II of Chapter. The notation at the
end of Division 1 of Article II of Chapter 26 of the Arden Hills
Code as to Sections re served for future use is hereby amended to
read as follows:
II Sees. 26-26 through 26-30. Reserved.
. Section 8. Addition of New Ti tIe for Division 2 of Article
II of Arden Hills Code and Placement Thereof. Immediately prior
to Section 26-31 of the Arden Hills Code, the following new title
for Division 2 of Article II of Chapter 26 thereof shall be
inserted:
"DIVISION 2. REGULATIONS"
Section 9. Substitution of Term "Recreational Motor
Vehicle" for "Snowmobile" Wherever the Latter Appears in Sections
26-31 through 26-48 of Arden Hills Code. Wherever the term
usnowmobilell appears in Sections 26-31 through 26-48 of the Arden
Hills Code, the term "recreatlonal motor vehicle" shall be
substituted therefor.
Section 10. Alteration of Section 26-35 of Arden Hills
Code. Section 26-35 of the Arden Hills Code is hereby amended to
read as follows:
IISec. 26-35. Operation Within Right-Of-Way.
It shall be unlawful for any person:
(a) To operate a recreational motor vehicle upon the
roadway, shoulder or inside bank or slope of any
trunk, county state aid, city or county highway,
. and, in the case of a divided trunk or county
- 3 -
. highway, on that portion of the right-of-way
which lies between the opposing lanes of traffic
except as provided herein;
(b) To operate a recreational motor vehicle within
the unpaved portion of the right-of-way of any
trunk, county state aid, city or county highway
between the hours of 1/2 hour after sunset to 1/2
hour before sunrise except on the right-hand side
of the unpaved portion of the right-of-way and in
the same direction as the highway traff ic on the
nearest lane of the roadway adjacent thereto; and
(c) To operate a recreational motor vehicle at
anytime within the right-of-way of any interstate
highway or freeway. "
Section 11. Modification of Section 26- 36 of the Arden
Hills Code. Section 26-36 of the Arden Hills Code is hereby
amended in its entirety to read as follows:
"Sec.. 26-36. Operation on Roadway.
It shall be unlawful for any person to operate a
. recreational motor vehicle upon the roadway of any city
street except as per,mitted in Section 26.38 hereof."
/"'> .":"~_V ",i,';Y(
Section 12. Addi don of New Section 26-49 to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26-49
which reads as follows:
II See'. 26-49. Mandatory Pennant for Snowmobile.
No person shall operate a snowmobile unle ss such
vehicle is equipped with a red or orange blaze
pennant flag of at least forty (40) square inches in
area and displayed at a height of not less than five
(5 ) feet above the treadway. "
Section 13. Addi don of New Section 26-50 to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26-50
which reads as follows:
"Sec. 26-50. Operation of All Terrain Vehicle.
It shall be unlawful for any person to operate an all
terrain vehicle anywhere within the limits of the
City from and including April 1 to and including
. October 31 of each year. "
- 4 -
---------
. Section 14. Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this _____ day of , 1987.
------------
Robert Woodburn, Mayor
Attest:
PatrIcia J. Morrison,
Clerk-Administrator
.
.
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/lj-
ORD. NO. 246; . , Mayor Woodburn noted the draft of Ordinance No.246,
SNOWMOBILES as submitted by the Attorney, would allow all-terrain
vehicles to operate in the City during the winter and
. summer months; he asked if Council intent was for these vehicles to be used
year-round. Council concurred that was not their intent; suggested restrictions
be incorporated in the Ordinance to eliminate the use of all terrain vehicles
~ ~ in the winter months. Also, Councilmembers questioned the definition of the
~ term "ro,adway"; asked for Attorney clarification on the term "roadway".
~ . ~cl1 consensus __ to direct Attorney Lynclen to ..-.draft the ordinance ....
~ 'discu.saed.
';': ._------~._--
Hansen moved, seconded by Hicks, that Council introduce
by title Ordinance No. 26, AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26 OF
THE ARDEN HILLS CODE BY INCREASING PURVUW THEREOF TO ENCOMPASS RECREATIONAL
MOTOR VEHICLES, REORGANIZING SAID ARTICLE, AND ADDING A SECTION REQUIRING
MANDATORY PENNANTS FOR SNOWMOBILES. Motion carried unanimously. (5-0)
~
.
.
-------
IS
JAMES S. LvNDEN
ATTORNEY AT LAw
.
""i'0'" ,')
~ \_').. ;./'-I I "/1-'
, " y
March 18, 1987 '\;. ~.r- l\
f rj~' ~-' ~1I
J I}
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
Ci ty Hall
1450 West Highway
Arden Hills, Minnesota 55112
Re: Ordinance Amending Snowmobile Provisions in Arden Hills Code
Dear Pat:
I enclose herewith an Ordinance which accomplishes, I hope, what
the Public Safety Commi ttee and the City Council desired. I
think that the format I have used clears up the possible
. ambiguities that the Mayor was concerned about.
After you have had a chance to review the enclosure, please give
.e a call to adv i se as to 0 whether or not you feel further
corrections should be made. As you will note, I have totally
re-vamped the organization of Article II of Chapter 26 of the
Arden Hills Code. Please also note the definition of "all
terrain vehicle" . The Committee had a definition of "3-wheel
off-road vehicle", but I do not see how that fit into the scheme
of things. It simply did not unless what was meant by that term
was "all terrain vehicle". That is what I assumed was meant, and
I proceeded accordingly.
Yours very truly,
JSL/ras
.
612223-5436 612297,6400
800 AM HOIST TOWER ST, PAUL, MINNESOTA 55102
0,,/
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26
OF THE ARDEN HILLS CO~E BY INCREASING PURVIEW
THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES,
REORGANIZING SAID ARTICLE, AND ADDING A SECTION
REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES
The City Council of Arden Hills ordains:
Section 1. Chan e of Title of Article II
Arden Hi s Code. Artlc e II of Chapter 26 0 the Arden Hi
Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES".
Section 2. Amendment to Section 26-22 of Arden Hills Code.
Section 26-22 of the Arden Hills Code is hereby amended to read
as follows:
. .Sec. 26-22. Adoption and Incorporation by Reference
of Statutes and Regulations.
Sections 84.1 through 84.90 of Minnesota Statutes, as
now const i tuted and as hereafter amended, together
with the regulations of the Minnesota Department of
Natural Resources, including specifically but not
limited to, Sections NR5l through 59 as now
constituted and as hereafter amended, are hereby
adopted by reference, made a part of this Chapter as
though completely set forth herein, and shall regulate
the operation of recreational motor vehicles on lands
not owned by the operator within the City. At least
three (3) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and
filed in the office of the Clerk-Administrator in the
Ci ty Hall.
Section 3. Re eal of Section 26-22(b) of Arden Hills Code;
Additlon of New Sectlon 6- 3 Thereto. Artlc e II 0 Chapter
of the Arden Hills Code is hereby amended by striking, deleting
and repealing subsection (b) of Section 26-22 thereof, and
substituting therefor a new Section 26-23 which reads as follows:
"Sec. 26-23. Effect of Violation of Sta tutes and
Regulations. Any violation of the statutes and
. regulations adopted by reference in the previous
Section hereof shall be considered a violation of this
- I -
___________m__
,-
Article of the Arden Hills Code when it occurs within
the limits of the City. Any person violating any
provision thereof shall be guilty of a misdemeanor and
shall be punished as provided in Section 1-10 of this
Code.-
Section 4. Deletion of Title -DIVISION 2. SNOWMOBILES" and
Re eal of Sections 26-29 and 26-30 of Arden Bllls Code. The tltle
DIVISION 2. SNOWMOBILES, WhlC appears etween Sections 26-22
and 26-29 of the Arden Bills COde, is hereby deleted, and
Sections 26-29 and Sections 26-30 thereof are hereby repealed.
Section 5. Addition of New Section 26-24 to Arden Bills
Code. Article II of Chapter 26 of the Arden Hllls Code is
hereby amended by adding thereto a new Section 26-24 whiCh reads
as follows:
Sec. 26-24. Intent.
It is the intent of this Article to supplement the laws
of this State with respect to the operation of
recrea tional motor vehicles, in part icular, and
Chapters 168 through 171 of Minnesota Statutes, as
amended, in general. This Article is not intended to
allow what the State statutes prohibit nor to prohibit
what the State statutes expressly allow.-
. Section 6. Addition of New Section 26-25 of Arden Bills
Code. ArtIcle II of Chapter 26 of the Arden Bllls Code lS hereby
amended by adding thereto a new Section 26-25:
oSee. 26-25. Definitions. For the purposes of this
Artlcle, the followlng words and phrases shall have the
meanings respectively ascribed to them:
(a) All Terrain Vehicle: A three-wheel, off-road
vehicle or motorized flotation-tired vehicle of not
less than three (3) low pressure tires, but not more
than six (6) tires, that is limited in engine
displacement of less than 800 cubic centimeters and
total dry weight of less than 600 pounds.
(b) O~erate:To ride in or on and control the
operatlon of a recreational motor vehicle.
(c) Operator: A person who operates or is in actual
physical control of a recreational motor vehicle.
(d) Owner: A person, other than a lien holder, having
ownership of or title to a recreational motor vehicle
and entitled to the use or possession thereof.
.
- 2 -
,
{el Recreational Motor Vehicle: A self-propelled
vehicle and any vehIcle propelled' or drawn by a sel f-
propelled vehicle used for recreational purposes
including, but not limited to, any snowmobile, trail
bike, all-terrain vehicle, hovercraft and other Dlotor
vehicle licensed for highway operation which is being
used for off-road recreational purposes."
(f) Roadway: That portion of a highway improved,
designed or ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for
travel on snow or ice on a'natural terrain, steered by
wheels, skis or runners,
Section 7. Change in Notation as to Sections Reserved at
End of DivIsIon 1 of Article II of Chapter. The notation at the
end of Division 1 of Article II of Chapter 26 of the Arden Hills
Code as to Sections reserved for future use is hereby amended to
read as follows:
"Secs. 26-26 through 26-30. Reserved.
Section 8. Addition of New Title for Division 2 of Article
. II of Arden HIlls Code and Placement Thereof. Immedately prior
to Section 26-31 of the Arden Hills Code, the following new title
for Division 2 of Art icle II of Chapter 26 thereof shall be
inserted:
"DIVISION 2. REGULATIONS"
Section 9, Substitution of Term "Recreational Motor
Vehicle" for "SnowmobIle" Wherever the Latter Appears in SectIons
26-31 throu h 26-48 of Arden Hills Code. Wherever the term
"snowmobi e appears in Sections 6- 1 trough 26-48 of the Arden
Hills Code, the term "recreational motor vehicle" shall be
substituted therefor.
Section 10. Substitution of More Comprehensive Adjective in
Section 26-36 of Arden Hills Code. At the beginning of the
fourth line of Section 26-36 of the Arden Hills Code the
adjective "snowmobiling" appears. That adjective is hereby
stricken and deleted and replaced with the adjective
"recreational motor vehicle".
Section 11. Addition of New Section 26-49 to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26-49
which reads as follows:
.
- 3 -
/
J
/ s.c. 26-49 . Mandator Pennant for Snowmob il e . No
. person s a operate a snowmoblle un ess such vehicle
is equipped with a red or orange blaze pennant flag of
at least forty (40) square inches in area and displayed
at a height of not less than five (5) feet above the
treadway."
Section 11. Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this day of , 1987.
Robert Woodburn, Mayor
Attest:
.
Patricia J. Morrison,
Clerk-Administrator
.
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;/ J .., A'ITACIIHENT A
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f-./ ..! ____ r [_,_,.r /
// L/
~ Proposed Additions to Arden Hills' Snowmobile Ordinance
State Law Adopted. Minnesota Statute 1974, 84.81. to 84.90., inclusive,
and the regulations of the Minnesota Commissioner of Natural Resources,
regarding N.R. 51 to 59, inclusive, including subsequent amendments, are
hereby adopted and incorporated herein by reference.
Mandatory Pennant. No person shall operate a snowmobile unless such
vehicle is equipped with a red or orange blaze pennant flag of at least
forty (40) square inches in area and displayed at a height of not less
than five (5) feet above the treadway.
Definitions:
Recreational Motor Vehicle or R.V.: Keans any self-propelled vehicle and
any vehicle propelled or"drawn by a self-propelled vehicle used for
recreational purposes, including but not limited to snowmobiles, trail
bikes or other all terrain vehicles, hovercrafts, or motor vehicle
licensed for highway operation which is being used for off-road
,
recreational purposes.
"Three-wheel off-road vehicle" or "vehicle" lIleans a motorized
flotation-tired vehicle of not less than three low pressure tires, but not
more than six tires, that is limited in engine displacement of less than
800 cubic centillleters and total dry weight less than 600 pounds.
.
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I (Source: Ord. 89 as amended by Ord. ~70, 197 and 275.)
. .---78. Snowmobiles and Recreational Vehicles . _ _ -
" 7S.~10.6tate Law Adopted. .Ilinn. Stat.--1974, .5U.tl ~o
'-584."0, inclusivft, .nd the ~egulatiozi.,ofttbe Minnesota
Commissioner of 5aturalltesources, reg. _.R. 51 'to 59 inclusive,
including subsequent amendments, .r~ ~ereby adopted and
. ,incorporated berein by reference. ",;; c. ,_ ,;c'- n, ~,..__~,: '" ._~, ..
, - ,
~ :'D';'J8 .il20 . Definitions .-.o"rt.he" ~~r~e ~f ,thi'rchapte~; ih~
terms defined shall have the following~aning ascribed to them:
{l) Person. ~nclude. -an in~ividual, partnership,
corporation, and any body of person~, .hether ~ncorporated or
Clot. ._, .
(2) Snowmobile. Means a self-propelled vehicle designed
-for travel on snow or ice steered by skis or~, runners. .._
. . '
'"
(3) Recreational Motor Vehicle or R.V. ,Means any
.elf-propelled vehicle .nd any vehicle propelled or drawn by ..
.elf-propelled vehicle used for recreational purposes, including
but not limited to snowmobiles, trail bikes or' other all-terrain
vehicles, hovercrafts, or motor vehicle licensed for highway
operation which is being used for off-road recreational purposes.
(C) Owner. Mealis a person, other than a lien holder,
baving the property in or title to snowmobile or recreational
,~tor vehicle entitled to the use or possession of.
I (5) Operate. Means to ride in or on and control the
i operation of a snowmobile or recreational vehicle.
i
; (6) Operator. Means every person who operates or is in
I actual physical control of a snowmobile or recreational vehicle.
78.030. ~peration. Except as otherwise epecifical1y
permitted, it is unlawful for any person to operate a snowmobile
or recreational vehicle:
,,-;(1 )-Wi thin tile right-of-way of any City street.
(2) On.. public sidewalk provided for,pedestrlanuaffic. ~- ......;.:"'.~
. (3) On boulevards within any City public right-of-way.
~
I 1-1-86 ~S3
,
I .
, ~
I ~ ._
,
. I
,
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, ; ( 4 ) On private property of Anotber witbout written/dated/
! ...
i signed permission of tbe owner or person in control of said
./ property, wbich permission shall be on tbe operator'. person.
, , (5) Upon any achool grounds without written/dated/signed
permission of responsible school authority, Which permission
Shall be on the operator's person.
(6) Dn Any other pUblic place or :9round except as may be
'-.peeificallypermitted by other 'provisions of the Citj' Code.
78.040. Crossinq. "" snowmobile or recreational vehicle may
aake a 4irect crossing of a street or highway (except .an
interstate bighway cr freeway) as follows:.
", (1) "~he crossing is aade .t .an angle "cf '.approxilllately
l1inety (90) degrees to the airecHon of the street or highway And
-.t a place where 110 obstruction -prevents.. quick and oeafe
.crossing.
(2) The snowmobile or ~ecreational vehicle is brought to "'-
I complete stop before crossing the street or highway and is then
I
I .alked Across the street or highway.
,
j
I 0) "1'he driver yields the right-of-way to all oncoming
I vehicles or pedestrians which constitute an immed1ate hazard.
78.050. Hours. fio person shall operate a snowmobile or
recreational vehicle not licensed for bighway use or a
recreational vehicle licensed for highway use when operating on
private property:
ell During the bours from 10:00 p... to 8:00 a.m. of any
~ay of the week.
I (2 ) Within one hundred (100) feet of any skating rink or
.1iding area where the operation would conflict witb its use or
oendanger other persons or operations.
78.060. Equipment. It is unlawful for any person to
'Operate a snowmobile or recreational vehicle unless it is
equipped with the following:
(1) Brakes adequate to control the movement of and to stop
and bold the snowmobile And recreational vehicle under any
condition of operation.
( 2 ) A safety or 80-called -dead man's- throttle in
operating condition.
. (3l Xf driven during 4arltnesB .. headlamp and ~aillight
~isib1e from at least one bundred (lOD) feet and reflected
.aterial 80 as to reflect lights at a ninety (gO) degree Angle.
. 1-1-86 1.84
,
I
I
I
I -
.
. /
I ,
78.070. Exceptions. The provisions of this chapter .hall
. / not apply to snowmobiles and recreational vehicles used by
I qovernmental agencies in the pursuit of their duties or during
/ emergency use due to adverse weather.
78.080. Licensinq of Recreational Vehicles.
(1) All owners of recreational vehicles cust register such
vehicles with the City and be issued registration letters or
.Wl.umbers to affix to .aid vehicles. ~e reqistration fee will be
according to 590.030 of the City Code. ~tter. or Gumber..ball
tie as supplied -by ~he City. - .-';, J. ~::! .
-
";:"(2) l1pon receiving the registratio~ ~umben- or ~~t;era the
~wners of each recreational vehicle ahall affix them ineuch a
. &anner as to be easily visible and be kept ~ree of snow or .ud. .
(3) 1l.ecreationa1 vehicles licerised by the state are exempt
rrom the licensing requirements of this section.
'(Source: Ord. 109 as amended by Ord. 188 and 317.)
(The next page is 200.)
. .
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1-1-86 185
:.
i ,-
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to
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SHOREVIEW
c. On privAtely owned property If the snowmobile
operator has ln his possession written per-
mission from the property owner, occupant or
lessee, or on privately owned property If the
property owner has posted a clearly visible
notice indicating that sno\~obilfng is allowed.
d. On Improved City streets In the ~st right-hand
lane then available for traffic or as close as
practicable to the right-hand curb or edge of
the i~lproved roadHay, except when overtaking
and passing another vehicle stopped in that
lane or proceeding in the same direction.
e, On trunk highways, County State Aid or County
roads as regulated by the State of Mlnnesota or
the Coullty of r..l"'sPY. .
-.
i , ' Section S04.030 Hours of Operation. no person shall operate a
, I, - - sno\'~nobf1e in the City of Shoreview, between the hours of 11:00 P.M.
and 7:00 A.M., prevailing time ln Ramsey COunty, Sunday through Thursday
and from 1:00 A.M. to 7:00 A.M. on other days. including the day pre-
ceding a national holfday. '
Sectlon 804.040 Speed. no person shall operate a snowmobile fn
the City of Shorevlew, at a rate of speed greater than reasonable or
proper under all the surroundlng circumstances. tw person shall
operate a snowmobile In the City of Shoreview at a rate of speed in
excess of 15 mlles per hour within 150 feet of any fishennan, fish
house, pedestrian, skier, skater. skating rink, sliding area, ski tow
area, residential dwelling, or other area where such operation would
conflict with or endanger other persons or property.
Section 804.050 lakeshore s~eed Distance Requirements. No person
shall operate a snowmobile within 50 feet of any res1dential shoreline
I on lakes which are subject to the jurisdiction of the City of Shorevlew
except at a speed of 15 miles per hour or less for the purposes of acces
to or egress from such lake or for the purpose of parklng the snowmobile
near the shoreline. .-
Section 804.060 Tow Bars. No person shall operate a snowmobile
so as to tow any person, sled or other conveyance except by the use of a
'. . rigid tow bar attached to the rear of such snowmobile. Disabled snow-
mob11es shall be exempt,
Sectlon 804.070 Mandatory llqhts. Ho person shall operate a
snowmobile unless such vehicle is equipped with I head light and tail
'11ght that are illuminated at all times during such operations. Snow-
~biles equipped with An engine of five (5) horsepower or less shall be
exempt.
80
~
~ ~~
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 87-22
DESIGNATION OF DEPOSITORIES AND CORPORATION
AUTHORIZATION RESOLUTION
THIS IS TO CERTIFY: That at a meeting of the City
Council of Arden Hills duly called and held January 2, 1987, the
following resolution was adopted:
RESOLVED, that the Norwest Bank St. Paul, N.A. and the
Rosevil1e Bank shall be the official depositories for all funds
of the City of Arden Hills for the calendar year 1987; and
BE IT FURTHER RESOLVED, that the City Treasurer shall,
from time to time, ascertain that adequate security as required
by the laws of the State of Minnesota, is furnished by such
depositories to protect the City's deposited funds against
financial loss, and
. BE IT FURTHER RESOLVED, that checks of this corporation
drawn on Norwest Bank, St. Paul, N.A. and the Roseville Bank,
hereinafter called the Bank, shall be signed by three of the
following officers:
Robert L. Woodburn or
Mayor Acting Mayor
Patricia J. Morrison or Catherine J. Iago
Clerk Administrator Deputy Clerk
Donald R. Lamb or Gary Peck
Treasurer Deputy Treasurer
BE IT FURTHER RESOLVED, that the Clerk Administrator,
Patricia J. Morrison, is authorized to use a signature stamp at
such time as it becomes legal and/or necessary for Robert L.
Woodburn, Mayor, or Donald Lamb, Treasurer.
BE IT FURTHER RESOLVED, that the said Banks are hereby
authorized and directed to honor and pay any checks so drawn as
above set forth, whether or not such checks be payable to the
order of one of the foregoing persons either in his individual
or official capacity or deposited to his individual credit, and
whether or not such signatures are followed by the title or
office of the person signing.
. Passed by the City Council of Arden Hills, Minnesota,
this 27nd day of April, 1987.
Robert L. Woodburn, Mayor
ATTEST:
. Patricia J. Morrison
Clerk Administrator
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 87-22
DESIGNATION OF DEPOSITORIES AND CORPORATION
AUTHORIZATION RESOLUTION
THIS IS TO CERTIFY: That at a meeting of the City
Council of Arden Hills duly called and held January 2, 1987, the
following resolution was adopted:
RESOLVED, that the Norwest Bank St. Paul, N.A. and the
Roseville Bank shall be the official depositories for all funds
of the City of Arden Hills for the calendar year 1987; and
BE IT FURTHER RESOLVED, that the City Treasurer shall,
from time to time, ascertain that adequate security as required
by the laws of the State of Minnesota, is furnished by such
depositories to protect the City's deposited funds against
financial loss, and
. BE IT FURTHER RESOLVED, that checks of this corporation
drawn on Norwest Bank, St. Paul, N.A. and the Roseville Bank,
hereinafter called the Bank, shall be signed by three of the
following officers:
Robert L. Woodburn or
Mayor Acting Mayor
Patricia J. Morrison or Catherine J. Iago
Clerk Administrator Deputy Clerk
Donald R. Lamb or Gary Peck
Treasurer Deputy Treasurer
BE IT FURTHER RESOLVED, that the Clerk Administrator,
Patricia J. Morrison, is authorized to use a signature stamp at
such time as it becomes legal and/or necessary for Robert L.
Woodburn, Mayor, or Donald Lamb, Treasurer.
BE IT FURTHER RESOLVED, that the said Banks are hereby
authorized and directed to honor and pay any checks so drawn as
above set forth, whether or not such checks be payable to the
order of one of the foregoing persons either in his individual
or official capacity or deposited to his individual credit, and
whether or not such signatures are followed by the title or
office of the person signing.
. Passed by the City Council of Arden Hills, Minnesota,
this 27nd day of April, 1987.
Robert L. Woodburn, Mayor
ATTEST:
. Patricia J. Morrison
Clerk Administrator
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 87-22
DESIGNATION OF DEPOSITORIES AND CORPORATION
AUTHORIZATION RESOLUTION
THIS IS TO CERTIFY: That at a meeting of the City
Council of Arden Hills duly called and held January 2, 1987, the
following resolution was adopted:
RESOLVED, that the Norwest Bank St. Paul, N.A. and the
Roseville Bank shall be the official depositories for all funds
of the City of Arden Hills for the calendar year 1987; and
BE IT FURTHER RESOLVED, that the City Treasurer shall,
from time to time, ascertain that adequate security as required
by the laws of the State of Minnesota, is furnished by such
depositories to protect the City's deposited funds against
financial loss, and
. BE IT FURTHER RESOLVED, that checks of this corporation
drawn on Norwest Bank, St. Paul, N.A. and the Roseville Bank,
hereinafter called the Bank, shall be signed by three of the
following officers:
Robert L. Woodburn or
Mayor Acting Mayor
Patricia J. Morrison or Catherine J. Iago
Clerk Administrator Deputy Clerk
Donald R. Lamb or Gary Peck
Treasurer Deputy Treasurer
BE IT FURTHER RESOLVED, that the Clerk Administrator,
Patricia J. Morrison, is authorized to use a signature stamp at
such time as it becomes legal and/or necessary for Robert L.
Woodburn, Mayor, or Donald Lamb, Treasurer.
BE IT FURTHER RESOLVED, that the said Banks are hereby
authorized and directed to honor and pay any checks so drawn as
above set forth, whether or not such checks be payable to the
order of one of the foregoing persons either in his individual
or official capacity or deposited to his individual credit, and
whether or not such signatures are followed by the title or
office of the person signing.
. Passed by the City Council of Arden Hills, Minnesota,
this 27nd day of April, 1987.
Robert L. Woodburn, Mayor
ATTEST:
Patricia J. Morrison
. Clerk Administrator
----- ---_._._--~
y.,p
.
PLANNING COMMISSION
. The persons whose names follow have indicated an interest in serving on
the Planning Commission:
Gerri J. Hi1Rers, 1431 Arden Place, wrote us in October of 1986,
indicating an interest in serving on the Planning Commission. Her resume
is attached.
Ron HaRkul1, 1289 Karth Lake Circle, requested consideration as a Planning
Commission member in April of 1986. He is a professional mechanical
engineer, working as a division manager at 3M. He has lived in Arden
Hills since 1980, prior to that in Shoreview. He has been involved in
planning and management with 3M since 1912.
Roy McGraw, 1427 Bussard Court, is retired, was general manager for Midway
Ford. He served on the Planning Board in St. Anthony for a number of
years; is presently serving on the Board of Appeals.
Tom Mu1cahv, 3530 Siems Court, has requested appointment to the Planning
Commission (letter of April 6, 1987 attached).
Paul Malone, 1485 Dawn Circle, currently serving on the Public
Safety/Works Committee, has indicated his willingness to serve on the
Planning Commission as well.
Bob O'Keefe, 3975 Fairview Ave., sales manager/engineer for Johnson
. Controls, has requested Planning Commission appointment (in late 1986).
sm
4/29/87
.
~_._. ,.. _.___.__....__ ___ _~.__..__. ,__..~.. ._..,_.w _,._.,~,._.._,~,~_"~,,,,,,---,-,_,,._",_.___..>+__._..,__._._.__..._ .'''___''__',_._'___r ____ _ _,u .-.-..- _.~
--
. v/~~~ iZ.-<L &-a-~
,0
.
October 13, 1986
.
Charlotte McNiesh,
Clerk Administrator
Village of Arden Hills
1450 West Highway 96
Arden Hills, MN 55HZ
Dear Ms. McNiesh:
Pursuant to our telephone conversation of last week, I am
forwarding this informational letter to you as an application for
a position on the Arden Hills Planning Commission.
I have lived in Arden Hills for more than eleven years. While my
children were attending schools in the Moundsview School
District, I was a volunteer at Valentine Hills School and a Camp
Registrar with the Girl Scouts. I have also been active in
Trinity Lutheran Church.
. The enclosed resume reflects my recent work experience. Prior to
1972, I was a paralegal in a law firm in Anoka and worked
primarily in the area of real estate. I will finish my
coursework at william Mitchell College of Law in the middle of
December and will graduate, magna cum laude, in January 1987.
My special interest lies in the area of real estate law and local
g.overnment. My studies in law school have included courses in
Property, Local Government, Natural Resources and a Real Estate
Seminar in which we examined the zoning and platting process and
the environmental use permits required for real estate
,development.
My experience and education, together with my familiarity with
the Arden Hills area, give me the qualifications to become a
contributing member of the Arden Hills Planning Commission.
In the event an appointment to the Planning Commission is not
possible at this time, I would, as an alternative, Ii ke to be
considered for an appointment to the Board of Appeals.
.
.
,
I
I
,
I -,-~..-.,-_.~_.,,- "~--~"~--'-'--_.-'-- _ .,___.. ~,"_~_.'mM_'_"_____"_~'~.__~__""""--",___'_"",,_,,,,-____,_,u_~~ "_ _. _" ..._____._,._.~___._._~___ .__<_ _'_.~'_~~_'_'_'__
GERRI J. HILGERS
. 1431 Arden Place
Arden Hills, MN 55112
(612)636-4820
EDUCATION: William Mitchell College of Law
Juris Doctorate Candidate, 1987
Class Rank: 3/60
Grade Point Average: 3.26/4.00
Burton Scholarship for high achievement in writing
Phi Alpha Delta
.
University of Minnesota Law School
Summer Session, 1985
University of Minnesota
B.A. Political Science, 1983
Grade Point Average: 3.85/4.00
Merit Scholarship, American Association of
University Women
Phi Beta Kappa
WORK EXPERIENCE: LeVander, Zotaley, Vander Linden & Rydland,
April 1986 - Present.
. Law clerk. Draw pleadings, interview clients, research
and write memorandums of law.
Minnesota Judicial Advisory Service, August 1985-April 1986
Law clerk. Wrote legal memorandums for state judges on
various topic areas.
Minnesota Public Interest Research Group, Summer 1985
Developed manual for use of landlord-tenant hotline.
Minnesota House of Representatives
Aide to Minority Leader Henry Savelkoul, 1974-76
Aide to Assistant Minority Leader Charles Weaver,
1972-74.
PUBLICATION: .Transportation of Hazardous Materials: Can States
Regulate? William Mitchell Environmental Law Journal,
Spring 1986.
ORGANI ZATIONS: Lakewood Community College: Founder, Continuing Education
Association.
Trinity Lutheran Church: Youth Group Counselor and Advisor;
Chairperson, Special Committee on Nursery School;
Evangelism Committee; President, Women's Guild
. St. Croix Valley Girl Scouts: Service Unit Camp Registrar
i
1
l. - --_._-.-~'--_.. - .'--'-'.--'~ .--,.,- .-,?.---- ~._.~~_.~_...-.,"....,.,~.~.,.,-~~..,.,......,...-~----.
,
,
.
Should you require more information, I would be happy to provide
references upon request or to meet with members of the Planning
Commission or the Village Council at their convenience.
Thank you for the consideration given this application.
..~
Gerri J. Hi gers
1431 Arden Place
Arden Hills, MN 55112
636-4820
.
.
w_._."_....__.. .~..., M'___.._~.". 'M'~-_'_~___~ _ ._'_~~__________'_'.' --------- _ _..._.....__,.___"'.__'_.H___.__"_,~_".~.,'__.. ..__.__..._~~_'
. ~(f7
.
April 6, 1987
Mayor and City Council
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
RE: Request for Planning Commission Appointment
Dear Mayor and Council Members:
I request appointment to one of the two vacancies
on the Planning Commission, either as a member or alternate.
I would like to continue as a member of the Parks Committee.
. I believe that my past experience on Planning,
Finance and Parks will be valuable to the village in this
assignment. Thanks for your consideration of this request.
Very truly yours,
Thomas R. Mulcahy
TRM:pmg
.
....._--,--. ---'---"---~~-_. , .,._,......,....__.,._.-..,.-;._-~_.~.~..__.~" -..............- ~~._-_._..,~~.-~~---_._,._-- --_..~_...."-,,,._-_.-.....~...._,,- ,._,_._-,._---..,.-..--~,._-....--
r-- ~--- . --,-----,..-. .._--".__.._-----'--~
~~~ Permit No.
. ~ MJ' Receipt No.
I ViRfDge (tf A1rdB1t J-lrHA New/RenrwalfTr~nsfer
I
I (Str ke wo
!
. Permit
Fees License
Total
"'0 w. HIGHWAY..
ARDEN HILLS, MINNESOTA .., 12 i-(. ;).'11- g 7
"'-.176 Date
APPLICATION FOR (SIGN/BILLBOARD) PERMIT AND LICENSE (Ordinance No. 76)
1
Name of Applicant !3/~ "fEfI.} 50 ffe.,... CLuh
Address '-/7() 3 ft)r?, t-I,JJ..../ -# 10
/ #-10
Sign Location /.../7 () 3 No.. ~!.JJ'-/
(Address orl legal description of site)
1Ch^ 1 I J I G:..su I
J(- ,J f - J> 7 - s- 9 1'1
(Name of owner of property)
Sketch of Site
Sketch to Include:
fOI- l- v tv <:..,,/.,, 1. D I stance sign w II I be
. o P/5 N located from property
Sr-;+ UVc!"7 ...., 501-4("( I, Ii nes. If mounted on
building, show. Its
location.
2. Existing structures and
their locations on the
site.
Sketch of SIan
Sign DescriptIon:
1. Size: Height <( '"
Width ,fll
2. Wording: OPEN ,cr>/- L ,wch
:5'47 ....I?O/'.dlhl
3. Construction material and
method of affixing or
constructing sign:
r)../m ~' ~ D--ejJJ.> J.--
. (cYignatu e of ApplIcant)
Approved/Denied i- ~p.. f7
(Strike one) By:
Bui ldlng Inspector Date
Reasons for denial:
---
CITY OF ARDEN HILLS
CHECK REGISTER AS OF 04/12/87 2nd APRIL PAYROLL
. REG. D.T.
CK. # CK. DATE EMPLOYEE NAME GROSS NET ~ HRS.
1 04/28/87 DONALD LAMB 115.00 .00 1 MO.
13276 VOID
13277 VOID
13278 VOID
13279 04/28/87 ROBERT WOODBURN 241.67 191.67 1 MO.
13280 04/28/87 NANCY HANSEN 191.67 151.67 1 MO.
13281 04/28/87 GARY PECK 191.67 191.67 1 MO.
13282 04/28/87 THOMAS SATHER 191.67 191.67 1 MO.
13283 04/28/87 JEANNE WINIECKI 191.67 191.67 1 MO.
13284 04/28/87 JANE LUND 757.66 534.84 80 4.00
13285 04/28/87 SHIRLEY MARSHALL 556 .80 287.52 80
13286 04/28/87 DARLENE SCOTT 552.80 357.71 80
13287 04/28/87 CATHERINE IAGO 1009.60 684.57 80
13288 04/28/87 PATRICIA MORRISON 1346.40 594.44 80
13289 04/28/87 MICHAEL MCKINNEY 1090.40 754.99 80
13290 04/28/87 R. WAYN( BRUNETTE 1042.40 594.96 80
13291 04/28/87 FRED REED 1042.40 751.29 80
13292 04/28/87 MICHAEL SCHIFSKY 1042.40 755.04 80
13293 04/28/87 DANIEL WINKEL 1042.40 658.46 80
13294 04/28/87 STEPHEN ZEHM 55.60 51.42 8
13295 04/28/87 ROBERT RADDATZ 1335.20 912.67 80
13296 04/28/87 JOSEPH MOONEY 1094.86 804.48 80 6.75
. (Standby - 5 Hrs.)
13297 04/28/87 JOHN BUCKLEY 1221.60 895.93 80
13298 04/28/87 FREDERICK BELL 927.20 630.57 80
13299 04/28/87 DAVID WINKEL 927.20 521.39 80
13300 04/28/87 KEVIN FULLER 800.00 539.45 80
13301 04/28/87 RICHARD CIEMINSKI 240.75 191.50 44.50
17209.02 11439.58
WITHHELD FROM APRIL PAYROLL
13302 INTERNAL REVENUE SERVICE (FIT) --------- 2042.01
13303 INTERNAL REVENUE SERVICE (FICA) -------- 1071.59
13304 COMMISSIONER OF REVENUE ---------------- 1794.81
13305 VILLAGE OF ARDEN HILLS ----------------- 167.72
13306 PUBLIC EMPLOYEES' RETIREME~T ASSOC. ---- 682.91
13307 INTERNATIONAL UNION OF OPERATING
ENGINEERS. LOCAL #49 ----------------- 105.00
13308 UNITED WAY OF THE ST. PAUL AREA -------- 14.00
13309 STATE CAPITOL CREDIT UNION ------------- 200.00
13310 PUBLIC EMPLOYEES' RET. ASSOC. (INS.) --- 27.00
13311 ICMA RETIREMENT ASSOCIATION ------------ 685.00
6790.04
~---- 0
. TOTAL AMOUNT OF CH EC KS 13276 THROUGH 13311 r $18.229.62.
C I T T OF A 11 0 E N H J L L S
PIE 4121/87 A C C 0 U N T S PAYABLE PAGE 1
YENOOR NAME CHECK CHECK CHECK
NO. TYPE DATE NO. A"OUNT
. 01120 NORTHERN STATES POWER 07235 5.45
" 4/13/81
01130 NORTHWESTERN BEll ,. 4/13/87 07236 134.90
01132 NORTHWESTERN 8Ell " 4/13/81 07231 114.40
01133 NORTHWESTERN 8ElL If 4/13/87 07238 113.40 !
01454 MICHAEL SCHIFSKY " 4/13/57 07239 :312.50 '
00163 " I " SEWER I WATER INC " 4120/81 07240 10.136.82 i
MANUAL CHECKS --- TYPE TOTAL ,
1I.417.41 ;
!
CHECK VOIDED -------------------------------- 07241 ,
;
00018 ATIT COMMUNICATIONS R 4/21187 07242 1.21/"
,
ooon AMERI DATA SYSTEMS INt ~ 4/21187 07243 684.00 I
00120 AMOKA CTY FARM SRV COOP R 41Z1In 01244 13.35
00170 l!'ADGER METER INe R 4/21/87 01245 1.229.52 J
00184 BEISSWENGER'S HARDWARE R 4/21/87 07246 27.94 !
00195 BLUMBERG COMMUNICATIONS R 4fl1l81 07241 414.00 i
00230 BRIGHTON VET HOSPITAL R 4/21/81 07248 124.00 :
00231 81l0-TEX INe R 4/27187 01249 165.00 '
00305 CQNCRETE RAISING INe R 4/21181 01250 1.293.15 i
00316 CO""'UNITY CLEANERS R 4fl7l81 01251 400.00 i
00342 DIRECTOR PROPERTY TAXATIO R 4/21181 01252 291.15 '
00423 FLEXIBLE PIPE TOOl CO R 4/27187 01253 85.00 I
00510 COPHER SIGN COMPANY R 4/27181 07254 113.50
. 00616 INTERNAL REVENUE SERVICE ~ 4/21/81 07255 5.56
00611 INTERNAL REVENUE SERVICE R 4/21/87 07256 1.011.59
00615 LA80R RELATIONS ASSac INC R 4/21/81 01251 361. 50
00191 MICHAEL MCKINNEY R 4/21187 01258 31.20 ;
00820 "'ETRO SALES INe R 4n7l81 07259 144.00
00840 METRO WASTE CONTROl CO"'" R 4n7l81 07260 24.241.11
01041 NATIONAL CHEHSEARCH R 4/27/81 01261 171. t3
01120 NORTHERN STATES POWER It 4127157 07262 6.90
01133 NDRTHWESTERN BELL R 4127/91 07263 11 .60
01316 PROFESSIONAL PROCESS INC R 4/27/81 07264 461.64
01311 PROFESSIONAL PROCESS INC R 4/27181 07265 83.5G
01340 RAY-I(O OFFICE PRODUCTS R 4n7l91 07266 101.96
01400 CITY OF POSEVIllE R 4/27/87 01267 80.006.15
01454 .HCHAEl SCHIFSKY R 4/21187 01268 87.50
01535 SNAP-ON TOOLS CORPORATION R 4/27/87 01269 1.132.34
01600 PERA R 4/21/81 07210 146.45 0
01858 DANIEL WINKEL R 4/27/81 07271 50.GO \
01870 YOW" OIL INC R 4/27/'1 07212 220. 75
01812 X-ERGON It 4 nU81 01273 100.06 I
06000 ELMER CI4IEl R 4/27/87 01214 6.00 J
06001 CENTRAIRE INe R 4/21181 01275 25.00 i
06002 ROGER LUE8ltS R 4/27/87 01216 40.00 :
06003 BERnt ERICKSON R 4/27181 012n 30.00 I
06129 TERRY BROS INe R 4127/87 07278 5.600.00
I
. REGULAR CHECKS -- TYPE TOTAL 119 .608.12 ~
,
APRIL A/P (Batch II) _____ TOTAL ~~~~~ .
~-- --
.,;f..&8&
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
J;"3
. Resolution No. 67-~
RESOLUTION RELATING TO APPORTIONMENT
OF ASSESSMENTS RELATING TO COMBINED
IMPROVEMENT W-77-5 and W-78-2
.' WHEREAS, the assessment roll for CombIned IlIprovement
W-77-5 and W-78-2 as adopted on August 21, 1979, was fIled and
certIfied to the County Auditor of Ramsey County on October 9,
1979, for the purpose of IncludIng Installments thereof to be
collected along wIth real astate taxes commencing In 1980, and
WHEREAS, since August 21, 1979, a number of parcels
of property contained withIn saId assessment roll have been
dIvIded and conveyed by a previous property owner; and
.
i WHEREAS, the County Auditor of Ramsey County requires
I that apportionment of the orIginal assessment against each
I original tract where It has later been divIded, sold or conveyed,
be made by the City Councl I of the City of Arden HI lis, 1 n order
that the propertassessment can be extended by the County AuUltor
against each parcel of property thereafter.
I NOW, THEREFORE, the City Council of the City of Arden
I
HII Is does hereby make the followIng apportionment of original
, assessments as contained In saId assessment roll of August 21,
,
. 1979, against the following described properties:
,
CITY OF ARDEN HILLS Olvlslon No: 60613
ResolutIon No. 87-21 DIP No,: 1943
Name of Assessment: Water 77-5 & 78-2 Auditor's No.: 1943
ORIGINAL TOTAL ASSESSMENT
(from Division Form)
A. 21-30-23-31-0015-' S 4,015.50
(Amount)
.
..-,----_..-- ---- -,~-----"- --.._-~-- -_.-- ..>,_.,,, ----,--
.fi'-."" (!;...- c2.-; e..~
.
.
'. INTERNA TioNAl INSTiTUTE
of MUNicipAl ClERks
160 NORTH AL TAOENA DRIVE . PASADENA, CALIFORNIA 91107 . (818) 795-6153
NEWS RELEASE DATE: Upon Receipt CONTACT: J. Hunnewe II
MUNICIPAL CLERKS TO PROMOTE
THE WORTH ot LOCAL GOVERNMENT
Thousands of county, city, town, township, village and borough clerks throughout
the United States and Canada will observe MUNICIPAL CLERK'S WEEK during May
10-16, 1987. Sponsored by the International Institute of Municipal Clerks (IIMC)
this observance has been taking place for the past 17 years.
IIMC President Helen Kawagoe, City Clerk of Carson, Cal ifornia, announced
. that this year's purpose of MUNICIPAL CLERK'S WEEK has been expanded to inform
the public of the worth of local government.
Mrs. Kawagoe, in her proclamation implementing MUNICIPAL CLERK'S WEEK,
pointed out that local government "has had to cope with maintaining current
services and adding new services often mandated by federal and judicial
directives, on a revenue basis that is gradually diminishing."
Mrs. Kawagoe pointed out that "the office of Municipal Clerk is the agency
to which citizens most often turn to in order to learn of specific services,
functions, and actions of their local government."
Therefore, she has requested the 8,000 members of the IIMC to "inform the
public of the worth of local government and the high productivity and efficiency
levels of services provided." She urged that the municipal clerks stress the
"importance of preserving local programs and maintaining and building the
. organization that delivers these services."
OVER
-----~---
Page 2 - Municipal Clerks Week
- '.
. ... '_,', '".':.,., ',,'.. _ _.r ,,'_,_"
She aSK~tha't th;'~';"essagei<be '''rought to the public duri.ng tbe observ~nce of.
, ' t"
. MUNICIPAL CLERK"SWEiK "throu~oh ()penOhqu:se 'md'i~nsp~cflon tours, displays, " '"
"
reports, ?Innouncements, ~ews articl_es, radio and television presentations, talks,
and special events."
Mrs. Kawagoe noted that President Reagan, in a proclamation issued in 1984
on MUNICIPAL CLERK'S WEEK declared that "The Municipal Clerk is the oldest of
public servants and a critical part of efficient and responsive local
.
government. II
"The President actually challenged us to serve as the clearinghouse of
information on our local government activities when he declared that we provide a
direct link between past, present, and future by preserving records for posterity
and implementing government decisions," declared Mrs. Kawagoe.
"MUN I C I PAL CLERK I S WEEK can be an effect i ve commun i cat ions too Ito link a II
the components of our se:1 f'government process --, the ,citizens, the legislative
. body, the administrative operations -- into an 'efficient structure for meeting
the needs of, the individual members of the community," she concluded.
* ,'r; ~'r; .'. ,', * .. >.
ED I TOR'S NOTE: The International Institute of Municipal Clerks is devoted to
advancing the professional ization of the office of municipal clerks and improving
the administration and efficiency of government. It provid,es its more than 8,000
membe rs in the United St~tes, Canada, and ten other countries with educational,
conference, resea rc h, reference, and informational services designed to keep its
members informed on the changes in the urban scene.
.
i
,
I
.
/,
STATE OF MINNESOTA
I COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.
--
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26
OF THE ARDEN HILLS COD~ BY INCREASING PURVIEW
THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES,
REORGANIZING SAID ARTICLE, AND ADDING A SECTION
REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES
The City Council of Arden Hills ordains:
Section 1. Change of Ti tIe of Article II of Chapter 26 of
Arden Hills Code. Article II of Chapter 26 of the Arden Hills
Code lS hereby amended to read "RECREATIONAL MOTOR VEHICLES".
Section 2 . Amendment to Section 26-22 of Arden Hills Code.
Section 26- 22 of the Arden Hills Code is hereby amended to read
as follows:
;. "Sec. 26-22. Adoption and Incorporation by Reference
of Statutes and Regulations.
. Sections 84.1 through 84.90 of Minnesota Statutes, as
now constituted and as hereafter amended, together
with the regulations of the Minnesota Department of
Natural Resources, including specifically but not
limi ted to, Sections NR51 through 59 as now
constituted and as hereafter amended, are hereby
adopted by reference, made a part of this Chapter as
though completely set forth herein, and shall regulate
the operation of recreational motor vehicles on lands
not owned by the operator within the City. At least
three (3 ) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and
filed in the office of the Clerk-Administrator in the
Ci ty Hall.
Section 3. Repeal of Section 26-22(b) of Arden Hills Code;
Addition of New Sectlon 26-23 Thereto. Article II of Chapter 26
of the Arden Hi 11 s Code is hereby amended by striking, deleting
and repealing subsection (b) of Section 26-22 thereof, and
substituting therefor a new Section 26-23 which reads as follows:
"Sec. 26-23. Effect of Violation of Statutes and
Regulations. Any vlolatlon of the statutes and
regulations adopted by reference in the previous
Section hereof shall be considered a violation of this
.
- 1 -
~.
I (e) Recreational Motor Vehicle: A self-propelled
vehicle and any vehicle propelled or drawn by a self-
propelled vehicle used for recreational purposes
including, but not limited to, any snowmobile, trail
bike, all-terrain vehicle, hovercraft and other motor
vehicle licensed for highway operation which is being
used for off-road recreational purposes."
(f) Roadway: That portion of a highway improved,
designed or ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for
travel on snow or ice on a natural terrain, steered by
wheels, skis or runners.
Section 7. Change in Notation as to Sections Reserved at
End of Division 1 of Article IIof Chapter. The notation at the
end of Division 1 of Article II of Chapter 26 of the Arden Hills
Code as to Sections reserved for future use is hereby amended to
read as follows:
"Sees. 26-26 through 26-30.' Reserved.
- Section 8 . Addition of New Ti tlefor Di vi S10n 2 of Article
~ II of Arden Hills Code and PlaeementThereof. Immediately prior
... to Section 26-31 of the Arden Hills Code, the following new title
for Division 2 of Article II of Chapter 26 thereof shall be
inserted:
"DIVISION 2. REGULATIONS"
Section 9. Substitution of Terrn "Recreational Motor
Vehicle" for "Snowmobile" Wherever the Latter Appears in Sections
26-31 through 26-48 of Arden Hills Code. Wherever the term
"snowmobile" appears in Sections 26-31 through 26-48 of the Arden
Hills Code, the term "recreational motor vehicle" shall be
substituted therefor.
Section 10. Alteration of Section 26-35 of Arden Hills
Code. Section 26-35 of the Arden Hills Code is hereby amended to
read as follows:
"Sec. 26-35. Operation Within Right-Of-Way.
It shall be unlawful for any person:
(a) To operate a recreational motor vehicle upon the
roadway, shoulder or inside bank or slope of any
trunk, county state aid, city or county highway,
and, in the case of a divided trunk or county
.
- 3 -
--.-.-
'.
I highway, on that portion of the right-of-way
which lies between the opposing lanes of traffic
except as provided herein;
(b) To operate a recreational motor vehicle within
the unpaved portion of the right-of-way of any
trunk, county state aid, city or county highway
between the hours of 1/2 hour after sunset to 1/2
hour before sunrise except on the right-hand side
of the unpaved portion of the right-of-way and in
the same direction as the highway traffic on the
nearest lane of the r~adway adjacent thereto; and
(c) To operate a recreational motor vehicle at
anytime within the right-of-way of any interstate
highway or freeway."
Section 11. Modification of Section 26-36 of the Arden
Hills Code. Section 26-36 of the Arden Hills Code is hereby ,....
amended in its entirety to read as follows: (\ \k.:J--"
,'r "Sec. 26-36. Operation on Roadway.
r -or:.""" :1>
0.1 ' \ It shall be unlawful for any person to operate
) , a
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A' ,.', recreational motor vehicle upon the roadway of any city. I ,~!i
,'OJ ;" '\ street except as permi tted in Section 26.38 hereof.. \)Y(' I
-V'
'0' Section 12. Addition of New Section 26-'-49 to Arden Hills
Gi' Code. Di vi sion 2 of Art lcle I I of Chapter 26 of the Arden Hill s
Code is hereby amended by adding thereto a new Section 26-49
0, which reads as follows:
"Sec. 26-49. Mandatory Pennant 'for 'Snowmobile.
No person shall operate a snowmobile unless such
vehicle is equipped with a red or orange blaze
pennant flag of at least forty (40) square inches in
area and displayed at a height of not less than five
( 5) feet above the treadway. n
Section 13. Addition of New Section 26- SO to Arden Hills
Code. Division 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Section 26- 5 0
which reads as follows:
"Sec. 26-50. Operation of All Terrain Vehicle.
It shall be unlawful for any person to operate an all
terrain vehicle anywhere within the limi ts of the
City from and including Apr i 1 1 to and including
October 31 of each year. n
.
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~
I Section 14. Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this day of , 1987.
----
Robert Woodburn, Mayor
Attest:
Patricia J. Morrison,
Clerk-Administrator
..
.
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JAMES S. LVNDEN
ATTORNEY AT LAw
.
March 18, 1987
(
Ms. Patricia J. Morrison
Clerk-Administrator
City of Arden Hills
Ci ty Hall
1450 West Highway
Arden Hills, Minnesota 55112
Re: Ordinance Alllending Snowmobile Provisions in Arden Hills Code
Dear Pat:
I enclose herewith an Ordinance which accomplishes, I hope, what
the Public Safety Committee and the City Council desired. I
think that the format I have used clears up the possible
. ambiguities that the Mayor was concerned about.
After you have had a chance to review the enclosure, please give
me a call to ad vise as to whether or not you feel further
corrections should be made. As you will note, I have totally
re-vamped the organization of Article II of Chapter 26 of the
Arden Hills Code. Please also note the definition of "all
terrain vehicle" . The Committee had a definition of " 3-wheel
off-road vehicle", but I do not see how that fit into the scheme
of things. It simply did not unless what was meant by that term
was "all terrain vehicle". That is what I assumed was meant, and
I proceeded accordingly.
Yours verx truly,
-I .' i
fIt;/1 Lu({/(~
Jame,6 S. Lrden
~/ /
/
JSL/ras
.
612223-5436 612297-6400
800 AM HOIST TOWER ST, PAUL, MINNESOTA 55102
1-'
I -/'
I
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.
-
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26
OF THE ARDEN HILLS CODE BY INCREASING PURVIEW
THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES,
REORGANIZING SAID ARTICLE, AND ADDING A SECTION
REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES
The City Council of Arden Hills ordains:
Section 1. Change of Ti tie of Article II of Chapter 26 of
Arden Hills Code. Article II of Chapter 26 of the Arden Hills
Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES".
Section 2. Amendment to Section 26-22 of Arden Hills Code.
Section 26- 2 2 of the Arden Hills Code 1S hereby amended to read
as follows:
. "Sec. 26-22. Adopt ion and Incorporation by Re ference
of Statutes and Regulations.
Sections 84.1 through 84.90 of Minnesota Statutes, as
now constituted and as hereafter amended, together
with the regulations of the Minnesota Department of
Natural Resources, including specifically but not
limited to, Sections NR5l through 59 as now
constituted and as hereafter amended, are hereby
adopted by reference, made. a part of this Chapter as
though completely set forth herein, and shall regulate
the operation of recreational motor vehicles on lands
not owned by the operator within the City. At least
three (3 ) copies of said statutes and regulations, as
so adopted, shall be marked as official copies and
filed in the office of the Clerk-Administrator in the
Ci ty Hall.
Section 3. Re eal of Section 26-22(b) of Arden Hills Code;
Addit10n of New Sect10n 26- 23 Thereto. Art ice II of Chapter 26
of the Arden Hills Code , hereby amended by striking, deleting
1S
and repealing subsection (b) of Section 26-22 thereof, and
substituting therefor a new Section 26-23 which reads as follows:
"Sec. 26-23. Effect of Violation of Statutes and
Regulations. Any violation of the statutes and
. regulations adopted by reference in the previous
Section hereof shall be considered a violation of this
- 1 -
-------- H_",-
~
/
i Article of the Arden Hills Code when it occurs within
.
the limits of the City. Any person violating any
provision thereof shall be guilty of a misdemeanor and
shall be punished as prov ided in Section 1-10 of this
Code. "
Section 4. Deletion of Title "DIVISION 2. SNOWMOBILES" and
Repeal of Sectlons 26-29 and 26-30 of Arden Hllls Code. The ti tle
"DIVISION 2. SNOWMOBILES" , which appears between Sections 26-22
and 26-29 of the Arden Hi lls Code, is hereby deleted, and
Sections 26-29 and Sections 26-30 thereof are hereby repealed.
Section 5. Add i tion of New Section 26-24 to Arden Hi 11 s
Code. Article II of Chapter 26 of the Arden Hllls Code lS
hereby ame nded by adding thereto a new Section 26-24 which reads
as follows:
Sec. 26-24. Intent.
It is the lntent of this Article to supplement the laws
of this State with respect to the operation of
recreational motor vehicles, in pa rticular, and
Chapters 168 through 171 of Minnesota Statutes, as
amended, in general. This Article is not intended to
allow what the State statutes prohibit nor to prohibit
what the State statutes expressly allow. "
Section 6. Addition of New Section 26- 25 of Arden Hi 11 s .
Code. Artlcle II of Chapter 26 of the Arden Hll1s Code lS hereby
amended by adding thereto a new Section 26-25:
"Sec. 26-25. De f initions. For the purposes of this
Article, the followlng words and phrases shall have the
meanings respectively ascribed to them:
(a) All Terrain Vehicle: A three-wheel, off-road
vehicle or motorized flotation-tired vehicle of not
less than three (3 ) low pressure tires, but not more
than six ( 6 ) tires, that is limited in engine
displacement of less than 800 cubic centimeters and
total dry weight of less than 600 pounds.
(b) O~erate: To ride in or on and control the
operatlon of a recreational motor vehicle.
(c) Operator: A person who operates or is in actual
physical control of a recreational motor vehicle.
(d) Owner: A person, other than a lien holder, having
ownership of or ti tie to a recreational motor vehicle
and entitled to the use or possession thereof.
.
- 2 -
.
~-
, ,
I
I
I (e) Recreational Motor Vehicle: A self-propelled
/. vehicle and any vehlcle propelled' or drawn by a self-
propelled vehicle used for recreational purposes
including, but not limited to, any snowmobile, trail
bike, all-terrain vehicle, hovercraft and other motor
vehicle licensed for highway operation which is being
used for off-road recreational purposes..
(fl Roadway: That portion of a highway improved,
designed or ordinarily designed for vehicular traffic.
(g) Snowmobile: A self-propelled vehicle designed for
travel on snow or ice on a natural terrain, steered by
wheels, skis or runners.
Section 7. Change in Notation as to Sections Reserved at
End of Divlslon 1 of Article II of Chapter. The notation at the
end of Division 1 of Article II of Chapter 26 of the Arden Hills
Code as to Sections reserved for future use is hereby amended to
read as follows:
"Secs. 26-26 through 26-30. Reserved.
Section 8. Addition of New Title for Division 2 of Article
. II of Arden Hills Code and Placement Thereof. Immedlately prior
to Section 26-31 of the Arden Hills Code, the following new title
for Division 2 of Article II of Chapter 26 thereof shall be
inserted:
"DIVISION 2. REGULATIONS.
Section 9. Substitution of Term .Recreational Motor
Vehicle" for "SnOwmOblle" Wherever the Latter Appears in Sections
26-31 through 26-48 of Arden Hills Code. Wherever the term
.snowmobile" appears ln Sections 26-31 through 26-48 of the Arden
Hills Code, the term "recreational motor vehicle" shall be
substituted therefor.
Section 10. Substitution of More Comprehensive Adjective in
Section 26-36 of Arden Hills Code. At the beginning of the
fourth Ilne of Sectlon 26-36 of the Arden Hills Code the
adjective "snowmobiling" appears. That adjective is hereby
stricken and deleted and replaced with the adjective
"recreational motor vehicle".
Section 11. Addition of New Section 26-49 to Arden Hills
Code. Divlslon 2 of Article II of Chapter 26 of the Arden Hills
Code is hereby amended by adding thereto a new Sec tion 26- 49
which reads as follows:
.
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II'
--
,
Sec. 26-49 . Mandatory Pennant for Snowmobile. No .
person shall operate a snowmobile unless such vehicle
is equipped with a red or orange blaze pennant flag of
at least forty (40 ) square inches in area and displayed
at a height of not less than five (5 ) feet above the
treadway."
Section 11- Effective Date. This Ordinance shall be
effective from and after its passage and publication.
Passed by the Council this day of , 1987.
Robert Woodburn, Mayor
Attest:
.
Patricia J. Morrison,
Clerk-Administrator
.
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. (;1 1'7
..... ,
ATTACHMENT A
~ Proposed Additions to Arden Hills' Snowmobile Ordinance
State Law Adopted. Minnesota Statute 1974, 84.81. to 84.90., inclusive,
and the regulations of the Minnesota Commissioner of Natural Resources,
regarding N.R. 51 to 59, inclusive, including subsequent amendments, are
hereby adopted and incorporated herein by reference.
Mandatory Pennant. No person shall operate a snowmobile unless such
vehicle is equipped with a red or orange blaze pennant flag of at least
forty (40) square inches in area and displayed at a height of not less
than five (5) feet above the treadway.
Definitions:
Recreational Motor Vehicle or R.V.: Means any self-propelled vehicle and
any vehicle propelled or'drawn by a self-propelled vehicle used for
recreational purposes, including but not limited to snowmobiles, trail
bikes or other all terrain vehicles, hovercrafts, or motor vehicle
licensed for highway operation which is being used for off-road
recreational purposes. '
"Three-wheel off-road vehicle" or "vehicle" means a motorized
flotation-tired vehicle of not less than three low pressure tires, but not
more than six tires, that is limited in engine displacement of less than
800 cubic centimeters and total dry weight less than 600 pounds.
.
.
Jif-
(N,
-"-- -
JAMES S. LvNDEN
ATTORNEY AT LAw
.
Apr il 27, 1987
The Bon. Robert L. Woodburn
Mayor of Arden Hills
1220 Ingerson Court
'Arden Hills, MN 55112
Re: Apportionment of Assessment
Dear Bob:
As I indicated to you in an earlier letter in regards to the
above-referenced matter, the limitations on a city's power of
special assessments are the following:
. (a) The land must received a special benefit from the
improvement being constructed,
(b) the assessment must be uniform upon the same class of
property, and
(c) the assessment may not exceed the special benefit.
10u asked me to research point "(b)' .
I have been unable to find any cases which provide a satisfactory
explanation of what is meant in "(b) . above. Numerous decisions
of the Minnesota Supreme Court recite the foregoing standards
without amplifying what is meant by them.
The case of Anderson vs; 'City'of"Bemidji, 295 N.W.2d 555 (1980),
however, did involve a situation where one lot being assessed was
given a higher portion of the assessment than other lots in the
same development. In that case, the Court noted that Minnesota
law requires that assessments on various properties be roughly
proportionate to the benefits accruing to 'each as result of the
improvement. It pointed out that the lower court had failed to
consider the comparative benefits accrued to the various lots,
ignori ng the testimony of the city's witnesses who had
distinguished the subject tract of land from the other lots in
that its highest and best use was to be subdivided whereas the
. other lots could not be subdivided. Countering the property
612223-5436 612297-6400
800 AM HOIST TOWER ST, PAUL, MINNESOTA 55102
. .
The Hon. Robert L. Woodburn
April 27, 1987
. Page Two
owner's argument that the city could not speculate about his
future use of his tract of land, the Court made the following
observation:
"It is well establi shed, however, that the relative
benefits from an improvement are calculated on the
market value of the land before and after the
improvement and tha t the market value may be calculated
on the highest and best use of the land. Even present
use, while in consideration is not dispositive."
The Court concluded with the following remarks:
"We have held on numerous occasions that once it has
been found that the assessment does not exceed the
benefits to the property, the apportionment of
assessment among the various properties is a
legislative function on the part of the council and
will not be overturned except on a showing that it was
clearly erroneous.
. It is not the providence of the court to substitute its
judgment for that of the body making such a decision,
but merely to determine whether that body was within
its jurisdiction, was not mistaken as to the appli cable
law, and did not act arbitrarily, oppressively, or
unreasonably, and to determine whether the evidence
could reasonably support or justify the determination. "
,Based upon the foregoing, it seems as though the City could
apportion more of the assessments for the Round Lake Interceptor
project to the Naegele parcel so long as the real estate
appraiser(s) hired by the City can show that the Naegele property
is more specially benefited than the other propert ies to be
assessed.
Please give me a call if you wish to discuss this opinion
further.
Very trulYcyours,
JSL:tah
.
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