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Home My WebLink AboutCCP 03-28-1994 J!f-~ -"". . -.. . AGENDA ARDEN HILLS CITY COUNCIL MEETING NEW BRIGHTON CITY HALL MONDAY, MARCH 28, 1994,7:30 P.M. , 7:30 PM 1. Call to order/roll call 7:30 PM 2. Agenda adoption 7:30 PM 3. Approval of minutes for a. meeting of March 14 Regular City Council meeting; and b. March 17, 1994 City Council Worksession. 7 :35 PM 4. Consent calendar a. Approve List of Rubbish Haulers. b. Approve List of'ClaimslPayroll. 7:40 PM 5. Public comments 7:45 PM 6. UnfInished and New Business a. Discussion of changes to Animal Control ,ordinance. . b. Discussion of changes to Transient Merchant ordinance. c. Discussion of possible polling location for Precinct 4. 8:00 PM 7. Administrator Comments i 8:10 PM 8. Council comments 8: 15 PM 9. Adjourn The above times may vary depending! upon length of issue discussion. . --~-~ I JIll DRAFT . MlNUTBS CITY OF ARDEN HILLS, KINNBSOTA RBGULAR CITY COUNCIL KEETING Karch 14, 1994 7:30 P.K. - New Briqhton City Hall CALL TO ORDER/ROLL C~L Pursuant to due call and notice thereof, Mayor Sather called to order the City council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Dennis Probst and Paul Malone. Also present were: City Engineer, Terry Maurer; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA MOTION: Hicks moved, seconded by Aplikowski, to adopt the March 14, 1994 agenda as presented. Motion carried unanimously (5-0) . PUBLIC HEARING - 1994 PAVEMENT MAINTENANCE IMPROVEMENT PROJBCT . Mayor Sather opened the public hearing at 7:31 pm for the purpose of conducting a public hearing on the 1994 Pavement Maintenance Improvement project. He stated the purpose of this hearing was to receive input with regard to the 1994 Pavement Maintenance Program. He explained the procedure for the hearing would be that the Public Works Superintendent would make a presentation with regard to the 1994 Pavement Maintenance Program, then Council and the public would be invited to comment or ask questions. He instructed anyone wishing to speak to sign the guest register, after which their names would be called in the order listed. Public Works Superintendent Dan Winkel explained the Street Rating Schedule which is based on scores from 0- 100. Winkel further explained that rating of City streets involves periodic examinations to determine the condition of the streets and then a recommendation to Council is made by the City Engineer, with input from the Public Works Department, as to the best available means of protecting each street and extending its useful life. Winkel noted the streets being proposed for improvement: . -- - ~, , Arden Hills Council 2 March 14, 1994 . Streets to be reconstructed Amble Orive from Lexington Avenue to Karth Lake Orive Bussard Court from Old Snelling Avenue to West End Dunlap Street from Ingerson Road to Cannon Avenue. Street to be recvcled Keithson Drive from State Highway 96 to South End Winkel noted the composite ratings of these streets taken last fall. Winkel provided a brief overview of where the borings were taken from each street. He explained the description by definition of reconstruction and recycling. The estimated street reconstruction costs are proposed to be $368,300, and the recycling cost for Keithson Drive is estimated to cost $26,500. Winkel announced that this evening, estimated assessment amounts can be provided, however the actual assessment hearing on this matter is scheduled to take place in May 1994; at that hearing, the pUblic will have an opportunity to specifically discuss matters relative to assessments. Winkel explained that the City's Assessment POlicy calls . for reconstruction and recycling work to be paid 50% by the City and 50% by the benefitting property owners, on a front footage basis. He explained the method of calculating assessments for corner lots or lots abutting other streets which have been improved and assessed. Winkel noted that in the past, the approximate costs for reconstruction is $30.00 per linear foot of frontage and $11.04 per linear foot of frontage for recycling. Winkel reviewed the schedule for the 1994 Pavement Maintenance Program, which called for 1) Opening Bids on April 5, 2) Receive Bids/Order Assessment Hearing, April 11, 3) Hold Assessment Hearing and Award Contract on May 31, 4) Begin Construction in June 1994, and 5) Completion of the project in September 1994. Mayor Sather advised the public that if an individual property is assessed more than a $500 assessment, the assessment will be payable over a five year period with interest; if an individual property is assessed less than a $500 assessment, the assessment will be payable over a three year period with interest. He added that there would be no interest applied if the assessment was paid in full within thirty days of the assessment hearing. . ., ... Arden Hills Council 3 March 14, 1994 . Names were called in the order listed on the guest register. Comments made by citizens are as follows (not verbatim) : Betty Farr. 3327 North Dunlap - She stated she cannot afford another assessment like what happened to her with Tiller Lane two years ago. An overlay or patch would be reasonable. Albert Nienaber. 1160 Amble Drive - He asked who was responsible for the inspection of the poor compaction of the original road, the City, the contractor or the developer. Secondly, he noted that because the drainage in the area goes directly into Karth Lake, the soft wet clay present on this road causes contamination of the lake. He suggested that this is a poor arrangement and perhaps this would be an ideal time to change the sewer direction. Tim Brvne. 3390 North Dunlap - He asked how far past Cannon will the reconstruction take place, and where does Dunlap actually end. There are two homes at the end. Mr. Winkel stated the project will stop at the double . wide area (32 feet wide) unless the residents would want the road to continue, however, further discussion would be needed. Judy Tekautz. 3319 North Dunlap - She stated the street serves a purpose without curb and gutter. Engineer Maurer explained that the City'S long range goal is to have curb and gutter along all City streets. He further explained that curb and gutter provide a better drainage flow, and it protects the end of the blacktopping from cracking and allowing water to seep in. The straight line cut helps keep vehicles off the edge of lawns. Gilbert Smith. 1176 Amble Drive - He stated that the base materials used during the original construction of this road were inferior, and someone should be liable. If it was constructed properly in 1978/79, this road would have held up longer. . Engineer Maurer noted that One possible cause for the road deteriorating was the weather conditions present at the time of the construction. Engineer Maurer further noted that the contractor met all the proper specifications that were noted at that time. . - ----------- .. , ' Arden Hills Council 4 March 14, 1994 . Pat Brown. 1301 Cannon - He stated his question was already addressed. Tom, Heideman. 1142 Amble Drive - He addressed the quality issue once again and noted that their should be someone liable for the poor conditions of the road. Jon Handlos. 3380 North Dunlao - He asked what can be done to ensure that quality workmanship and proper specifications are met. Julianne & Steohen Praqer. 3320 North Dunlao - They both agreed that the street is badly broken up and are in favor of the project. Greq Schmitz. 1471 Bussard Court - He noted that the street dips at the end of the cul-de-sac. He asked whether the project would end there, or two or three feet behind the blacktop area. He was concerned as he replaced his driveway last year. Engineer Maurer noted that the level of finish of the reconstructed materials will come very close to matching with the old blacktop materials. . Arthur Larsen. 1180 Karth Lake Drive - He noted he has seen stakes in the area and if these stakes mark the area where the reconstruction will take place. If this would be correct, it appears that this street will be widened. Engineer Maurer noted that the surveyors are working in the area locating driveways, and taking some pictures of elevations. Maurer further noted that the road would remain at the same width. Howard Hanson. 1131 Amble Drive - He noted that his comments have already been stated. He further noted he was considering putting in a new driveway and should he have the driveway installed before or after the street reconstruction project? Maurer suggested to wait until after the City's project is completed as the driveway contractor would be able to obtain a smoother alignment. Bruce and Lvnn Mears. 4503 Keithson Drive - Ms. Mears noted that there is undeveloped property behind this development and asked whether the recycling project being proposed could withstand large construction equipment . traffic? .. ~ Arden Hills Council 5 March 14, 1994 . Engineer Maurer stated the road would be able to withstand normal traffic which would include garbage trucks and school buses. If any future development would take place in this area, another access would have to be gained to this area. The project as proposed would not be designed for heavy equipment. steve Zilmer. Carol Perkins. 3363 North Dunla~ - He asked what assessment amount was anticipated for his property? Winkel stated he would review his parcel and get back to him at a later date. Kurt Lawrence. 4516 Keithson Drive - He referred to the liability issue of a poorly developed road and who is responsible. He asked what was the anticipated life expectancy of a new street? Maurer noted that it was a drought year when this road was originally constructed. As moisture began to build up as experienced in the past couple of years, the soil began to consolidate causing recompaction of soil. He further noted that due to the number of settlements on this road, it cannot be leveled properly without the . recycling, and it would be physically impossible to patch. Jim Cox. 1287 Inqerson Road - Mr. Cox asked what quality control measures would be taken to ensure the safety of children. He noted that since construction would be taking place during the summer months, children would be playing around the heavy construction equipment. He suggested that the project specifications include stringent safety measures. Maurer explained that his engineering firm would oversee the project and that all parties abide by the acceptable standards set by MNDOT to ensure safety. He further explained that a contractor is allowed to phase in the project in an economical manner, therefore there are stages to the construction process. Ron Nelson. 4504 Keithson Drive - He echoed the concerns brought up by Mr. Lawrence. He too expressed the issue of defective workmanship demonstrated by the former contractor, and did not feel the total problem was due to the drought year. Engineer Maurer stated he did not mean to infer that the drought was the reason for the defects in the road. He . only suggested this as one possible reason for the deterioration. - ____________n__ - " Arden Hills Council 6 March 14, 1994 . John Pattersen. 1434 Bussard Court - Mr. Pattersen asked whether the engineer had considered leaving the existing curb and gutter in place, and stated a recycle and overlay would be appropriate and less costly. Engineer Maurer stated that the cost savings to taxpayers would be minimal as it would take many man hours to remove the existing asphalt and base. Councilmember Malone noted that the City, as well as, the affected residents would pay the premium to work around the current curb and agreed there would not be a significant savings. He further noted that if the contractor would try and save the existing curb and it was determined it was not working, the contractor would need to start over from the beginning. Engineer Maurer noted that there could be a quick determination made as to whether there is clay soil under this area, if it is granular and whether there is any sign of vertical separation. Cliff Bovum. 1426 Bussard Court - Mr. Boyum echoed the same concerns raised by John Pattersen. Mayor Sather closed the public hearing at 8:18 pm. . Mayor Sather noted that since many of the questions raised this evening were regarding assessment costs, he asked Councilmember Malone to address the assessment procedure. Councilmember Malone outlined the mechanical part of the improvement process. He noted that as the City's infrastructure aged, the City needed to formulate a procedure to handle the cost of repairing roads. The City pondered over the idea of raising taxes to pay for these expenses. The City agreed that it would be reasonable to co-fund projects and more suitable for the taxpayers affected by the improvements to share in the cost of the improvements. The assessment procedure incorporates a fair evaluation for persons with corner and odd shape lots. The City has used this assessment policy for approximately four years. Councilmember Malone noted that an average lot would be assessed based on front footage and that generally the cost of a reconstruction would be approximately thirty dollars ($30.00) per front footage; and recycling approximately eleven dollars ($11. 00) per front footage. . He further noted that the assessment amount can be paid over a five year time period, unless the amount is under Arden Hills Council 7 March 14, 1994 . five hundred dollars ($500) which would be paid over a three year period. The affected propertyowner can pay the assessment amount in it's entirety within the first thirty days following the adoption of the final assessment role without penalty. KOTION: Hicks moved, seconded by Aplikowski to approve Resolution #94-24, approving the plans and specifications and ordering the advertisement for bids in the matter of the 1994 Pavement Maintenance Improvement project. Motion carried unanimously (5- 0) . KOTION: Hicks moved, seconded by Probst to approve Resolution #94-25, ordering the improvement in the matter of the 1994 Pavement Maintenance Improvement project. Motion carried unanimously (5-0) . APPROVAL OF COUNCIL KlNUTES Administrator Person noted on Page 4 of the February 28, 1994 Council minutes that the first paragraph, line four should note acreage instead of density. Malone noted on the same page, under heading of TCAAP Sanitary sewer . connection issue, fourth paragraph, to delete the following: "and if the... " in sentence two, all of sentences three, four and "answers to these questions", under sentence five. KOTION: Malone moved, seconded by Hicks, to approve the minutes of the February 17, 1994 Worksession as prepared; and approve the minutes of the February 28, 1994 Regular Council Meeting as corrected. Motion carried unanimously (5-0). CONSENT CALENDAR KOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. Approve Resolution #94-19, revising the mechanical fee schedule. b. Approve Resolution #94-23, designating additional depositories for investment purposes. c. Approve Resolution #94-27, revising water utility quarterly minimum rates by meter size. d. Approve Resolution #94-28, supporting Dare . Bike-a-thon, April 30, 1994. .-J' Arden Hills Council 8 March 14, 1994 . . e. Approve list of additional business licenses. f. Approve List of Claims/payroll. PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS None noted. ADKINISTRATOR COMMENTS: None noted. COUNCIL COMMENTS: Councilmember Aplikowski noted that the Economic Development Committee is in the process of mailing the survey and letter to the businesses in the area. She asked where the funds would be allocated to pay the expense of this mailing. Person noted that she and the Community Planning Coordinator had recognized that monies can be taken from the planning and zoning budget. Malone . noted that Council would need to approve such funds for reallocation. Councilmember Aplikowski referred to the notice in the packet regarding a request for a City official to attend the Girl Scout award's ceremony, and stated she would attend if the Council concurred. Council concurred. Councilmember Probst reminded the Council of the Second Arden Hills' Community meeting at TCAAP on March 17, 1994 at 7:30 pm. He further noted that the publicity to date has been reported fairly and is pleased with the coverage. ADJOURN: KOTION: Malone moved, seconded by Probst, to adjourn the meeting at 8:51 p.m. Motion carried . unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, City Administrator . ------- ----- ------- --- " ---'~ . CITY OF ARDm BILLS JI1IoD>>IDtJK TO: Mayor and CauDei}pu=nNrl-s FRCM: Dorothy A. Person, City.Mminist.rator ImTE: March 25, 1994 SUBJECT: Mmi.nistrator O:."IIiAl\1:s for 3-28-94 CauDell Heetinq I. Approval of Minutes: a. Enclosed are the minutes from March 14, am March 17. II. Consent Calendar a. Additional Rubbish Haulers have paid their renewal fee for 1994. b. Listing of Claims/Payroll provided. III. Unfinished and New Business: a. Enclosed is a revised draft copy of the proposed changes to the Animal Control ordinance. Revisions include comments from the Febl:uary worksession. Brian is awaiting a written response from City Attorney, Jerry Filla. Mr. Filla has reviewed and made . canments to Brian by telephone. staff has received telephone calls from representatives of the American Dog Owners Association and Minnesota Council of Dog Clubs requesting that they be allowed to speak on the Animal Control ordinance. Historically their concerns have related to the maximum number of dogs allowed (3) and limitations on kermels for hobby breeders and dog shows. b. Enclosed is a revised draft copy of the proposed changes to the Transient Merchant ordinance including canvassing. Revisions incorporate comments noted at the Febl:uary worksession. 'Ihe City Attorney has reviewed and responded to Brian verbally. Brian is awaiting a written confinnation. c. R.enee has researched various voting location possibilities for Precinct 4 since the City Hall can no lo~ be used as a polling location. North Heights llltheran Church will allow the City to set up a polling location in their upper hallway area, and it was noted that this area would be more appropriate for handicap accessibility. 'Ihere would be a charge of $100.00 to use this facility. 'Ihe fee would be used to pay for the church staff I s t:i1ne for set up and being available to open the facility in the early morning hours and to secure the building in the late evening hours. . .Admi.nistrator eonments 2 MarCh 25, 1994 . The Arrcri ReserVe Center will allow the City to set up a polling location in one of their classrooms. 'lhese classrooms are quite large am would accammc:rlate our needs. '!be Arrrri ReserVe would only require a letter of request from the City. Bothelection dates of September 13 arrl November 8 are available. 'lhere would be no charge, there is ample parking, han:licap accessibility am an easy location to fW. staff r~ to proceed with securing this location as a polling location for Precinct #4. As a side note, a couple of the city committees have asked if there are other locations to hold their IlPnthly meetings. '!be conference room at City Hall is tcx:l small arrl the Public Works lunch room is also viewed as difficult. '!he Economic Development Committee has met at the Arrrri Reserve in one of their classrooms. The Arrcri Reserve has classrooms available to meet the space needs of Committees. '!hey would need a letter of request forwarded to them. We will work with this option of using the Arrcri ReserVe facility, unless Council lets me know differently. rJ. Updates : Administration a. The PC I S am printer have been ordered am will be installed this Friday (March 25). '!his is a strong base for current am future needs, with sufficient room for planned programming as known at this time. We will be happy to share aIrf infonnation upon your . request. b. The next union mediation session is scheduled for April 7, 1994 at 9:00 am. c. oak Grove Landfill - COUrt documents are proceeding. Copies of a Motion to enter the Consent Decree, u.s. MenD in SUpport of its Motion to the Consent Decree have been received. More details available if you so request. d. The Saturday st. Paul pioneer Press March 26 edition - Homes Section - Reporter Cynthia Boyd has been preparing infonnation for an article on Arden Hills. e. on Tuesday, March 22, early afternoon, the Sheriff's Department was called to a fight with guns and knives llPVing from Flahertys to McDonalds. Seven (7) squads responded and the crowd had disbursed by their arrival (within two (2) minutes). The few that remained denied any fighting or possession of weapons. No arrests were nade. Public Works a. The Mounds view agreement for sanitary sewer chan;Jes - The agreement is in process of review. The specs are in process of final review. All parties meet on Thursday of this week for final review. The plan of the "sleeve" piping was already in the plans by the engineer. " ~ CITY OF ARDEN HILLS PAGE 10F2 ACCOUNTS PAYABLE CLAIMS REPORT ., TO BE APPROVED 03128/94 COUNCIL MEETING . CLAIMS PAID SINCE LAST COUNCIL MEETING (03/14/94): CIC.#ICIC.DA_ >>;;' 2.ItLM(){JN1'F COMMBN'm'.' .'. 6836 03/14194 USWEST COMMUNICAnONS 296.66 CURRENT INVOICES - DUE 03121 6837 03/14194 ANIMAL CONfROL 528..50 FEBRUARY SERVICE 6838 03/14194 DCA, INC. - FSA DEPARTMENT 2,089.00 DEPENDENT & HBALlH CARE - PIR #5 6885 03/15/94 MINNESOTA DEPARTMENT OF REALlH 160.00 WAlER SCHOOL - PERRON & MCKINNEY 6886 03/15/94 ANOKA-HENNEPINtECH. COLlEGE 25.00 WAlER UCENSEtEST - PERRON 6887 03(25/94 PUBUC EMPLOYEES RET. ASSN. 2,143.73 SECOND MARCH PAYROLL 6888 03(}.5/94 ICMA REnREMENTTRuST - 457 1,381.60 SECOND MARCH PAYROLL 6889 03/25/94 STAlE CAPI1OLCREDlTUNION 2,312.56 SECOND MARCH PAYROLL 6890 03(25/94 INT'L UNION OF OPERATING ENG. 163.00 MARCH PAYROllS 6891 03(25/94 PUBUC EMPLOYEES RET. ASSN - INS. 72.00 MARCH PAYROllS 6892 03(25/94 UNIlED WAY OF1HE ST. PAUL AREA 64.00 MARCH PAYROllS I SUB10TAL PAID CLAlMS - -- 9,236.OS I . PAID CLAIMS (FROM ABOVE) $9,236.05 ADD UNPAID (Tl-T46), PAGE 2 OF 2 - $99,076.50 TOTAL ACCOUNTS PAYABLE CLAIMS FOR COUNCIL APPROVAl.., 03/14/94 $108312.55 . NOlE: CHECKS FOR UNPAID ClAlMS 10TAUNG SI8,435.32. WERE ISSUED ON 03/15t94 AFIER . APPROVAL AT1HE 03/14/94 COUNOL MEETING. 1HEY WERE CHECK NUMBERS 6841 10 6884. lHlS SEQUENCE CORRESPONDS 10 UNPAID lEMPORARY NUMBERS Tl-T44. CHECKS 6839 AND 6840 WERE USED FOR AUGNMENT ~WIC1 " CllY OF ARDEN HILLS PAGE 20F2 ACCOUNTS PAYABLE CLAIMS REPORT ,. TO BE APPROVED AT 03128/94 COUNCIL MEEllNG . UNPAID CLAIMS REGISTER: .'I'EMP.#tCK...DA: ...I..,.:AMOUN'l'''... <'..:..,, TOOl 03/29/94 ABLE HOSE &; RUBBER. INC. 86.86 VEHICLE #28 - HYDRAUUC HOSE TOO2 03/29/94 ACCURATE PRESS. INC. 389.36 BUDGET BOOKS &; PROGRAM FLYERS T003 03/29/94 ADVANTAGE PAPER 174.79 BATH TISSUE TOO4 03/29194 ANDERBERG- LUND PRINTING CO. 2.745.57 SPRING NEWSLETrER - "HEADUNES" TOOS 03/29/94 BANCBOSfON MORTGAGE CORPORATION 180.00 REFUND - OVERPAYMENT UTIL. Acer. #14090 TOO6 03/29/94 BANYON DATA SYSTEMS. INC. 262.50 DOS 6.2 UPGRADE. 8MB RAM SCOTI' PC T007 03/29/94 BRADLEY &; DEIKE. PA 187.50 PROFESSIONAL SERVICES - EVEREST T008 03/29/94 BREDAHL PLUMBING 140.00 REFUND - PERMIT #1088A TOO9 03/29/94 BRYANROCKPRODuers 861.52 AG- UME, HAZELNUT. FLORAL &; CUMMINGS TOIO 03/29/94 CARLSON EQUIPMENT CO. 15.71 VEHICLE #28 - WATER VALVE TOll 03/29/94 CARRIE HEFTE 17.00 REFUND - GYMNASTICS CANCELLED T012 03/29/94 CEUUlAR ONE 18.52 MONTHLY CHARGES - THREE PHONES T013 03/29/94 CITY OF SHOREVIEW 201.61 AH. SHARE - 1Q94. SEMAPHORE. 3850 LEX. T014 03/29/94 COMMERCIAL CREDIT (KNOX) 5.54 HANGERS FOR STREET SIGNS T015 03/29/94 CRAGUN'S CONFERENCE CENTER 298.75 MCMAlMACA ANNUAL CONF. - PERSON T016 03/29/94 DANA COMMERCIAl. CREDIT 287.62 COMPUTER LEASE FOR MARCH T017 03/29/94 DIANE WADSTEN 10.00 REFUND - EASTER PROGRAM CANCELLED T018 03/29194 FIRSTUNE TOURS. INC. 150.00 OLD LOG THEATER - 03/17 T019 03/29/94 GOVERNMENT FINANCE OFFICERS ASSN. 280.00 GFOA ANNUAL CONFERENCE - POSf T020 03/29/94 GOVERNMENT TRAINING SERVICE 160.00 MCMAlMACA ANNUAL CONP. - PERSON TOZ1 03/29/94 RENEE' KAULFUSS 158.48 REIMB.. MUNICI -PAL CONP. &; MILEAGE T022 03/29194 DAVID W. KRIESEL, INC. 3.425.00 INSPECTIONS &; CODE ENFORCE.. 02121-03/18 . T023 03/29/94 LEAGUE OF MN CITIES INSURANCE TRUST 28.00 ADDmONAL GENERAL UABILITY INS. T024 03/29/94 LEAGUE OF MN HUMAN RIGlITS COMM. 50.00 MEMBERSHIP DUES - 1994 T025 03/29/94 MAC QUEEN EQUIPMENT. INC. 1.064.38 VEHICLE #50 - REPAIR PARTS T026 03/29194 MAIER STEWART &; ASSOC.. INC. 8.112.52 PROFESSIONAL SERVICES - FEBRUARY T027 03/29/94 MARY WALDERA 5.00 REFUND - CHANGED ClASS T028 03/29/94 METROPOLITAN WASTE CONTROL COMM. 45.628.00 SEWER CHARGES - APRIL T029 03129/94 MIDWEST BUSINESS PRODuers 165.64 VARIOUS OFFICE SUPPUES T030 03/29/94 MINNESOTA MtITUAL UFE 306.42 APRIL INSURANCE T031 03/29/94 MINNESOTA SOCIETY OF CPA'S 95.00 ANNUAL DUES - POSf T032 03/29/94 MINNESOTA DEPARTMENT OF REVENUE 3.119.00 WATER CONNECTION FEE -IQ94 T033 03/29194 NORTH SUBURBAN CABLE COMMISSION 10,588.06 CONTRIBUTION FOR 1994 T034 03/29194 NORTHERN SANITARY SUPPLY COMPANY 69.12 MISCELlANEOUS BUILDING SUPPUES T035 03/29/94 PAMElA SANDERS 27.00 REFUND - KARATE CANCEUED T036 03/29/94 PEOPLES ELECfRIC 1.040.13 REPAIR UGHrS - COUNTY ROAD E. T037 03/29/94 PETERSON. PRAM &; BERGMAN. P.A. 3.978.60 PROFESSIONAL SERVICES - FEBRUARY T038 03/29/94 PITNEY BOWES 265.50 POSTAGE METER LEASE. 02128-05/30 T039 03/29/94 PLYMOUTH PLUMBING. INC. 12.846.60 PAY.#1 - ARDEN PlACE. (RETAlNAGE,l.427.40) T040 03/29/94 TERRANCE POST 5.28 REIMB. - MILEAGE T041 03129/94 RAMSEY COUNTY 988.33 UNLEADED GAS AND DIESEL FUEL T042 03/29194 ROD W. PALMER 27.00 REFUND - KARATE CANCEUED T043 03/29/94 SANDERS. WACKER. WEHRMAN. BERGL Y 130.00 PROFESSIONAL SERVICES. 01101-02128 T044 03/29/94 SERCO lABORATORIES 309.00 WATER TESTS - MARCH T045 03/29194 THE AMERICAN COMPANY 157.26 TENNIS BAI.LS T046 03/29/94 WIS-CONTOTAL POWER CORPORATION 14.63 VEHICLE #7 - CONDENSER KIT TOTAL UNPAID CLAIMS --- 99.076.80 . a.AlMUWXl ------- H ~ ~ ~ ~ = ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ 8 ,.........., SOO~~.'N oOOci g=N OOOQOo . CD i '" '" r!! ... 0 5L. .. ..... 1-' ..... ~ .". ... ... ex: ~ a: ~ ........... jiIIIIif U L ; ~ ~ ~ ~ ~ ~ ~: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ ~ ~ ~ ~" ~ 0 ~~. ~.....~. ~..... N, N ~ ~ ~ N~, ..... ~ ~ ~ ~ ~ ~ ..... ~ ~ ... ~ N ~_ ...... Q _ ~ 00 _ ... 00 ... '" ... _ ~ ~ ~ 00 _ ~ ... ... N ~ <o:t;, q "1 tf\ -:,: ('f"I N ('f"I "oa: <=!.. t"'L. ~ . q t"). ~ Ol . ~ 00 ..q, "!. ('f"I V . 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Q) ..J '0 .... - :::> '0 (J) <( < Z..c J: Q)co .~ .2 ~ ~ - .... ~ a:l ~.g w a:l <CCl..lt) :::> 0lt)(\J (\J......(Y) a: o)cx)v V 0> 0> ,- tiS > 0 E . tiS Q) 0 en a:.Eo Q) ..c C) en E (/) c ._ as:c=O Z.og,c :J 0 0 a:Q)~ o a: 0 ~N~ ~ Iu.. >wm . - -. > ) CI'n' OFAROBN BILLS . MBM::>R>>IU4 D1a'E : March 25, 1994 TO: Dorothy Person, City Mn1;ntstrat.or ~ FRCM: Brian Fritsinger I Camlmity DeYelq:ment Cocm:i:irJa~y/ SO'SJ!X:T : Amendment to Chapter 5 of City COde, A."'1~J and Pets. Attached you will find a draft proposal for changes to O1apter 5 of City Code, Animals and pets. This draft has been sent to and reviewed by Arden Hills legal Counsel. While Mr. Filla indicated over that phone the ordinance looked okay, he has not yet responded in writing as :reqJ.ested. '!hese proposed changes are significant in that 2 new areas are proposed to be added to the ordinance; Cats and Exotic Animals. . 1. Cats - ~~.. Animal control has seen an increasing -'aIrotmt of carplaints in .~ , ~...."~ regards to stray cats. In that cats - are one of the nost camon - - - caJ:::riers of rabies, animal control has requested that the - . ordinance be strengthened to allow for the City to respond to - these carplaints. These changes "WOUld include the licensing of the animal. 2. Exotic Animals lVbre and rrore frequently the neighboring ccmnunities are responding to requests involving exotic animals. '!he City is fortunate in that it has not had many problems in this area. = This language ~uld make it unlawful to keep any exotic animal within the City limits. Am:>ng other exanples of exotic animals identified in Section 5-51 are: lions, cougars, poisonous snakes, pot bellied pigs and ferrets. 3. Kennels '!he current ordinance requires anyone with 3 or rrore dogs to obtain a kennel permit and it does not limit the number of dogs per kennel. This is primarily for cx:mrercial kennels. . The current ordinance also does not directly address residential kennels or limit the arrount of dogs in a residence. The proposed ordinance would limit the total number of dogs, over 3 rronths of age, to three. It ~uld also require lx::m9owners to obtain a residential kennel license. . -------------- -- --------------- ------- \ , In either case, the City COuncil may wish to direct the Planning . Ccmnission to consider an amerrlnent to the zoning ordinance. 'Ii1e definition of a dog kennel under the zoning 01:dinance does not correspond with the definitions under Chapter S. 4. other Chanqes In the area of dogs, the language has been cleaned up to provide animal control with better definitions to enforce c:::arplaints or nuisances. These include: - Controlling animals with a leash - Cleaning up after dogs - Habitual barking - Quarantine of biting animals BF: to . - #O~--- , - '\~ ~;--- ,- - - . - . . . STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS Ordinance No An ordinance amending Chapter 5 of the City of Arden Hills Municipal Code Relating to Animals and Pets. The Council of the City of Arden Hills does ordain as follows: Chapter 5 of the City Municipal Code is hereby amended as follows. ARTICLE I. IN GENERAL SECTImT S 1. QUARANTINE OF DITING ANniALC. Whenm.."cr any d09..L,. .Qg.t. or aniffi<ll haD bitten <lny perDon, the mmer or cuatodian of ouch dog. cat or animal h~ving been 00 notified by the police deportment Ghall iffiffiediately cauoe the dog. cot or animal to bc quarantined <It the city pound for ~ period of ten (10) dayo after Guch peraon ROO been bitten by o<lid dog. C<lt or animal. During the quarantine period, o<lid'dpg. ca.t, or animal ohall be kept under oboervotion to determine ita condition, and if it io found to 13e oick or dioeased the poundkeeper ahall iffiffiediately report in lJiriting to the poli.~c , department the condition of the dog. cat or animal. During €ne ,$-::--, quarantine period, the dog. cat or aniift'al sRoll Bet be removed f:l'om - -- the deoign<ltcd quar<lntine facility eJccept by opecial ~:ritten permit - . - from the Hinneoot<l Liveotock Cal'litary Board and thc- police department. The Q1:.;ner of oaid dog. cat or animal ohall be reoponoible for the coot of ouch quarantine. {Ord. No. 198, 13, (; :2 '7 77) SECTION 5 -1. OUARANTINE OF ANIMAL WHICH HAS BITTEN A PERSON; DESTRUCTION OF RABID ANIMALS. ~ AnY dog or other animal that has bitten a oerson and caused an abrasion or ouncture of the skin shall ~ immediately be quarantined for a minimum of ten (10) days. Such an animal shall be confined at a veterinary hosoital or at the owner's home in such a manner that it does not esca~e or come in contact with other oeoole or animals. When the doq or animal is quarantined as stated above. it shall be at the owner's expense. A quarantine reoort must be comoleted by the local animal control agency. Stray animals that have bitten a oerson shall be quarantined throuqh the local animal control agency. Doqs that are involved in two (:2 ) or more bi tes are sub;ect to Section: 5-37. Q.....l No law enforcement officer or other person shall kill. or cause to be killed., any animal ,suspected of beinq rabid. except after the animal has been olaced in quarantine and the diaqnosis of rabies made. . ___n_ ___ ______________ . ARTICLE II. DOGS . SECTION 5-31. DEFINITIONS The following definitions shall be used in the application and interpretation of the provisions of this article: (a) Dog shall mean any species of the Canis genus of animals. (b) Commercial kennel shall mean any establishment where dogs are kept for the purposes of breeding or sale, or sporting purposes. Any person owning, harboring or keeping for pleasure or profit three (3) dogs older than three (3) months shall be deemed an operator of a dog kennel. (c) Residential kennel shall mean any home where a person owns or keeps for pleasure three (3) dogs older than three (3) months. (d) Owner shall mean any person, firm or corporation owning, harboring or keeping a dog. (Ord. No. 198, 1, 6-27-77) SECTION 5-32. RUNNING AT LARGE-DOGS: CONTROL - No owner or keeper of any. dog, whether licensed or unlicensed, shall permit such dog to run at large. Any dog ohall be deemed to be running at large unleoo ouch dog io QccoHlpanied in clooe prmcimity byit:o , mmeF and under ouch effective directioR, supervioioR aRd control ...t.":::~__, of ito o.y;ncr aD to be in f:tct reotid.ined. by ouch mmer at all- timeo, pro'.~ided, hm:ever, th:tt during all timeo that any dog . remaino on hie o.y;ner' 0 premioeo the dO!3 shall se deemed to be ~dthin the effective direction, oupervioion and control of oaid ot....ncr. It shall be the obliqation and responsibility of the owner or custodian of any doq in the City, whether permanently or temporarily therein, to prevent any such doq at any time to be on any street, ?ublic park, school qrounds, or public place without being effectively restrained by a chain or leash not exceeding ~ eiqht (8) feet in lenqth. The fact that a dog is running at large within the meaning of this section shall be prima facie proof of a violation hereof, and shall subject the owner or keeper of such dog to the penalty provided in section 5-39. (Ord. No. 198, 7, 6-27-77) SECTION 5-33. OWNER TO CLEAN UP AFTER DOG. - The O~Jfier of any dog oh:tll h:tve the reoponoibility for cle:tning up any feceo of the animal, .:herever dropped thereby, :tnd ohall diopooe of ouch feceo in ao:tnit:try m:tnner. (Ord. No. 198, 8, C27 77) AnY person havinq custody or control of any doq in a public place shall have the responsibility for cleaninq UP any feces of the animal and dispose of such feces in a sanitary manner. It shall furthermore be the duty of each person having the custody and . control of any doq to have on such person ~ossession of a device or equipment for pickinq up and removal of animal feces. The orovisions of this paragraph shall not aoo~y to a guide doc:r .. accomoanYiI?-c:r. a, blind oerson or to a doc:r when used in pol~c.e or rescue actlvltles. SECTION 5-34. OWNER TO PREVENT NUISANCES - The owner or custodian of any dog shall prevent the dog from committing in the city any act which constitutes a nuisance. It is a nuisance for any dog to habitually or frequently bark or cry at night, to frequent school grounds, parks or public beaches, to chase vehicles, to molest or annoy any person away from the property of his owner or custodian, or to damage, defile or destroy public or private property. Failure of the owner or custodian of a dog to prevent the dog from committing such a nuisance is a violation of this chapter [or "this Code" or "this division"] . SECTION 5-35. HABITUAL HOWLING AND BARKING DOGS UNLAWFUL: EXCEPTION; COHPtAIN; NOTICE; WA..""~"",""Yrr. It ohall be unlmJful for ;1ny peroon to mm, leeep, hayc in hie posscssion, or harbor ,:my dog '.ihich, by frequent and habitual hmJling, yclpiHg, barking or othen;ioe ohall C;1uoe oeriouo annoyance or dioturbance to persono or to the neighborhood, provided that the pro~ioiono of thia ocction .ohall not apply to duly authorized hoopitalo or elinico conducted for the treatment of small animals. No peroon ohall be convicted under the pro~Jioiono of thia section e](cept upen , e..vidence of t..JO (2) or more adult peroono, each of a-differCfit.r.~"_,. houoehold, ;1nd no ....;1rrant oha.ll be i"doued e](cept after fi.."'e (5) . daya' ....ritten notice h;1o been mailed or delivered to the occupant -_ of the premioeo ....herc ouch dog io leept or harbored, ad".vioiag that a compl;1int h;1o been m;1de about the dog and call in! attention to the pro7ioiono of thid oection, ;1nd provided the complaint baD not been r...ithdr;1r.m by either p;1rty. (Ord. No. 198, 12, (; 27 77) No oerson shall keep, harbor or maintain at any olace within the City any animal which by its barkinq, howlinc:r, whininc:r, or other noises, unreasonably disturbs the peace and auiet of any person in the vicinity. z The phrase "unreasonably disturb the 'Peace and quiet" shall include. but is not limited to, the creation of any noise by any animals which can be heard by any person, includinc:r a law enforcement officer or animal control officer , from a location outside of the buildinc:r or premises where the animal is being kePt and which animal noise occurs repeatedly over a five minute period of time with one minute or less lapse of time between each animal noise durinq the five minute period. SECTION 5-36. DISEASED OR VICIOUS DOGS. No person shall keep or suffer to be kept on premises occupied by him or permit or suffer to run at large, any diseased dog or any dog of a ferocious or vicious character, habit or disposition. (Ord. No. 198, 11, 6- 27-77) . SECTION 5-37. DESTRUCTION OF CERTAIN DOGS. . (a) Upon sworn complaint to the appropriate court that any one of the following facts exist: (1) That any dog at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner; (2) That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; (3) That any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on public streets; or (4) That any dog is a public nuisance as defined in section 5-34 herein; the City shall petition the appropriate court for a summons directing the owner of the dog to appear before the court to show cause why the dog should not be seized by any police officer, or otherwise disposed of in the manner authorized in this part. Such summons shall be returnable not less than six (6) nor more than ten (10) days fro~ the date thereof and shall be served at least ten (10) days before the time of the scheduled appearance. ..""!'!:.a...... (b) Upon such hearing and finding the factS. true '."'is --€::~_., complained of, the court may either order the dog killed or order - the owner or custodian to remove it from the city, or may order the -. owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, any police officer may impound the dog described in such order. The provisions of this section are in addition to and supplemental to other provisions of this article. (c) Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true; or the complainant, if the ~ facts are found to be untrue. SECTION 5-38. MUZZLING PROCLAMATION BY MAYOR. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by the police without notice to the owner. (Ord. No. 198 15, 6-27-77) SECTION 5-39. VIOLATION; PENALTIES. Violations of this article shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed three hundred dollars ($300.00) or imprisonment for a period not to exce.ed ninety (90) . days, or both. The minimum fine for the first offense of a dog shall be twenty-five dollars ($25.00). The minimum fine for any --- ------------------ - ---------- subsequent offense by the same dog shall be fifty dollars ($50.00). ~ (Ord. No. 198, 18, 6-27-77). ARTICLE 3. CATS SECTION 5-47. CATS: SPECIAL PROV+SIONS. It is unlawful to own or oosses any cat which destroys. damaqes. pr defiles oroQerty or that created an offense by way of noise. of. odor or otherwise. or molests other animals or human beinas. after receiving notice from the City of the prior commission of such acts by the cat in question. Such cats are declared to be a Qublic nuisance. SECTION 5-48. CATS: NOTICE. Upon wr~tten como~aint of a person stating the acts committed by a cat. ,the name and aqdress of the oerson owninq or harboring the cat. and the name and. the address of the oerson makinq the comolaint. the City will notify the oerson ownina or harborina the cat of the acts comolained of to restrain the cat from committing any more such acts. SECTION 5-49. CATS ABATEMENT. If a cat constitute~ a nuisance under section 5-47. and no owner or resoonsible part is ascertainable" the City may take whatever action is deemed aoorooriate to abate the nuisance. -~.,;;"'" ',"""!i" ~..,' . - ARTICLE 4. EXOTIC 'ANIMALS ~ SECTION 5-50. PURPOSE - To protect the health, safety and welfare of the citizens of Arden Hills. it shall be ,unlawful to keeo any wild or exotic animal within the coroorate limits of the City of Arden Hills. except as permitted oursuant to the orovisions of this chaoter. SECTION 5-51. DEFINITIONS "Wild or exotic animal" means any mammal. amohibian. reotile or bird which is of a species not usually domesticated and of a ~ species which. due to size. wild nature or other characteristic is danaerous to humans. The term includes animals and birds~ the keeoinq of which is licenses by the state or federal government. such as wolves. raotors and oheasants. By way of examol~ and not of limitation, the term includes: snakes. eaales. ocelots. ;aguars. couaars , weasels. wild ferrets. badaers. monkeys. chimpanzees. deer and bison. The term also includes crossbreeds such as the cross between doas and coyotes and doqs and wolves. Examoles include but are not limited to: 11l Any larqe cat of the family Felidae. such as lions. tiaers. iaquars, leooards, Couqars and ocelots. exceot commonly accePted domesticated house cats. l2l Any member of the family Canidae. such as wolves. coyotes. dinaoes, and iackals. exceot domesticated doas. ~ ------ -- -- -- ----- --~ ------------ ----- 111 Any crossbreed such as crossbreeds between doqs and coyotes, . or doqs and wolves, but does not inc~ude crossbred domesticated animals. 111 Any poisonous snake such as a rattlesnake, coral snake, water moccasin, puff adder or cobra. l.2l Any snake or reptile. which by its size, vicious nature or other characteristic is danqerous to human beinqs. 1.21 Anv skunk , raccoon or fox whether captured in the wild , domestically raised,descented or not descented, vaccinated aqainst rabies or not vaccinated aqainst rabies. ill Any bear, ape, qorilla, monkey (except as exempted by this ordinance) , or badger. lftl Any Vietnamese pot-bellied piq. lftl Any other animal or reptile which is commonly considered wild and not domesticated or. prohibited by Federal or Minnesota Law. T SECTION 5-52. EXCEPTIONS - PERMIT REOUIRED =~- , .- '........ "..t""v"., '. - l1.l. Any ~erson desirinq to keep an animal prohibited by this ordinance may apply for a temporary Special Use Permit from . the City Council. Such permit may be issued for a period not to exceed thirty (30) days and shall specify conditions under which such animals shall be kept. Provided, however, that no such ?ermit shall be issued unless such prohibited animal is brouqht into the City for entertainment, exhibition. or show ?urposes only, or by persons keepinq animals for a public zoo as volunteers, docents or otherwise (A public zoo or other institution enqaqed in a permanent display of animals. any bona fide research institution or veterinary hospital may be = issued a permanent Special Use Permit provided applicable zoninq requirements are met.) 121 Non-poisonous snakes or snakes not prohibited by this ordinance, birds kept indoors, hamsters, mice, rabbits, qerbils, white rats, quinea pigs, chinchillas, or lizards, and similar small animals capable of beinq ke?t in caqes continuously are also exempt and do not require a permit. 111 Handicapped persons may keep monkeys . trained as personal helpers by Special Use Permit subiect to annual review. 111 The raisinq of wild animals for ?elts may be permitted by Special Use Permit, the applicant shall Qrovide the City with proof of insurance includinq public liability insurance with limits of not less than S100 , 000 .00. The insurance shall . provide coveraqe for liability resultinq from the ownershi? or possession of the specific animal or animals beinq permitted. 'l - --------------- . SECTION 5-53. IMPOUNDING OF WILD ANDIOR EXOTIC ANIMAL$ AnY wild or exotic animal kept in violation of this ordinance may be im?ounded by the City. Unless such imoounded animal is reclaimed and removed from the City, or issued a permit to al19w it to remain in the City. or unless the owner petitions the District Court for a determination. that the animal is exempt from the provisions of this ordinance. the animal may be dest~oyed or sold five (5) days following notice to the owner ot suc~ animal of its impoundment and the provisions of this ordinange. Any oerson reclaiminq any such animal shall oay the costs of imooundinq and boardinq the same at the time of its release. SECTION 5-54. EXISTING WILD OR EXOTIC ANIMALS Anyone keepinq or maintaininq any wild or exotic animal at the time this ordinance is adopted has ninety (90) days in which to comoly with the provisions of this ordinance. Extensions beyond ninety (90) day may be qranted by the City Council for good cause, but in no case shall such extension permanently exempt a ~erson from the reauirements of this ordinance. , ARTICLE 5. REGISTRATION - ,~.,;. SECTION 5-57. DEFINITIONS. The following definition shalf'be '~~'-_' used in the appl ica t ion and interpretat'ion of the provisions in the - following articles: - . - (a) Domestic animal shall mean any dog or cat. SECTION 5-58. LICENSE REOUIRED: FORM. (a) Every owner of a domestic animal more than three (3) months of age s?all cause ,such domestic animal t? be regist~ ~ numbered, descrlbed and llcensed through the offlce of the cl - ' administrator of the city. Such registration, numbering and 3 licensing shall be for two (2) years for such dog while owned or kept by the same person while living at the same address. c~~ (b) The license shall be a metal tag issued by the administrator. (Ord. No. 198, 2, 6-27-77) SECTION 5-59. INITIAL FEE: FEE FOR DUPLICATE TAG. (a) The fee for registration, numbering, description and licensing shall be as established from time to time by the council in a resolution adopted thereby. . (b) Duplicate licenses for lost tags or the changed address (~ of the owner shall be issued upon application to the c~- administrator and payment of such fee as is required from time to time by the council in a resolution adopted thereby. (Ord. No. 198, 2, 6-27-77; Ord. No. 217, 2, 12-29-80) . ,." --- - - --------~--- ~-~----- SECTION 5-60. LICENSE TAG NONTRANSFERABLE. No owner of any . domestic animal shall transfer its license tag or place or permit to be placed such tag upon any other domestic animal than the one for which such tag was originally issued. ( Ord . No. 198, 5, 6-27- 77) SECTION 5-61. RABIES VACCINATION REQUIRED PRIOR TO ISSUANCE OF LICENSE. Before any license shall be issued for any domestic animal, the applicant for such license shall furnish a certificate from a licensed veterinarian that such domestic animal has received a rabies vaccination within one year. (Ord. No. 198, 14, 6-27-77) SECTION 5-62. LICENSE AND VACCINATION TAGS TO BE AFFIXED TO BeG COLLAR. Every owner of a domestic animal of more than three (3 ) months of age shall at all times place and keep around the neck of such dog a collar upon which shall be securely affixed the metal tag license provided for in section 5-58 hereof and a rabies vaccination tag issued within the last two (2) years. (Ord. No. 198, 3, 6-27-77) . SECTION 5.-63. COUNTERFEIT TAGS. No person shall make, sell or purchase any false or counterfeit license tag, or place or permit to be placed any such false or countexfeit tag on any domes-c-:tc, animal owned or kept by him. (Ord. No. 198, 4, 6-27-77)'~- -.x:~-_ SECTION 5-64. RECORDS TO BE KEPT BY CITY. The city shall -. maintain in books provided for such purpose a record of all licenses and tags issued, with the name and residence of the person(s) to whom the same was issued, and the number designated upon the metal license tag. (Ord. No. 198, 6, 6-27-77) ARTICLE 6. CITATIONS AND IMPOUNDMENT SECTION 5-65. AUTHORITY TO IMPOUND. ISSUE CITATIONS. Any domestic animal found in violation of the provisions of this ~ article may be seized and impounded by any police officer or any dog control ;J,gcnt animal control officer of the city; provided, however, that if the owner of such animal is known or can be ascertained from available information, it shall be returned to its owner and a citation for such violation shall be issued to the owner or keeper of such animal [unless otherwise provided in this article] . (Ord. No. 198, 9, 6-27-77) SECTION 5-66. PLACE OF IMPOUNDMENT. Impoundment may be in such animal shelter, within or without the city, as the council from time to time may designate by resolution as the "city pound." (Ord. No. 198, 9, 6-27-77) SECTION 5-67. NOTICE TO OWNER. The owner of any domestic animal impounded under the provisions of this division, if his identity and location can be obtained by reasonable means, shall be . notified within twenty-four (24) hours that his dog has been impounded. (Ord. No. 198, 9, 6-27-77) SECTION 5-68. REDEMPTION BY OWNER; FEE. Any domesti~ an~mal . impounded pursuant .to the provisions of this division may be redeemed from the pound by the owner thereof within five (5) days after such impoundment upon payment to the clerk~administrator of ~ an impoundment fee as has been from time to time established by the city council by resolution, plus the license fee required pursuant to sect ion 5 - 5 9 hereof in the vent the dog is not licensed. (Ord. No. 198, 9, 6-27-77) SECTION 5-69. RELEASE. Upon the presentation of proof of a valid license for such domestic animal and payment of the fees provided in the previous section hereof, the poundkeeper shall release the domestic animal to its owner. The poundkeeper shall further take such steps as are necessary to cause the owner of the domestic animal to be charged with any violation of this article which gave rise to the impoundment of the dog. (Ord. No. 198, 9, 6- 27-77) SECTION 5-70. REDEMPTION BY PERSON OTHER THAN OWNER. If the owner of any domestic animal impounded under this division shall fail to redeem such domestic animal within five (5) days after its impoundment, not including Sunday or holidays, any other person may, upon complying with the provision of this division, redeem such domestic animal from the pound and be the lawful owner of ~ " dog thereafter. If the domestic animal has been requested by a .$~'_' licensed educational or scientific institution under Section 35.71 - . of Minnesota Statutes, then it shall be given to such institution - and shall not be sold. (Ord. No. 198, 9, 6-27~77) SECTION 5 -71. DISPOSITION OF UNREDEEMED DOMESTIC ANIMALS. All domestic animal impounded under this division which have not been redeemed or purchased as authorized hereby may be disposed of in a humane manner by the poundkeeper or any police officer. (Ord. NO. 198, 9, 6-27-77) SECTION 5-72. INTERFERENCE WITH OFFICERS. It shall be unlawful r for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any domestic animal therefrom, or to take or attempt to take from any officer any domestic animal taken by him in compliance with this article, or in any manner to interfere with or hinder such officer in the discharge of his duties under this article. (Ord. No. 198, 10, 6-27-77) ARTICLE 7. KENNELS SECTION 5 -73 . CONSTRUCTION AND PURPOSE OF DIVISION. T his division is supplementary to and in addition to all other provisions of this Code or other ordinances in effect relatinq to the ownership, care and custody of doqs within the City and is deemed necessary by the Council in order to reoulate and control the ownership and the keeping of dogs in and near residential areas of the City. . ---- --~ SECTION 5-74. REOUIRED: LIMITED TO LICENSEE'S DOGS: ZONING . CLASSIFICATIONS WHERE PERMITTED. 1& No o8erator of a doq kennel shall keep more than three (3) doqs over three ( 3) months of aqe anYWhere within the City without first obtaininq a commercial kennel license under this division for the keepinq of such doqs for breedinq, sale or show purposes. .lQ.L Anv licensee under this decision may not board or train doqs belonqinq to other persons on such licenses premises. 1Ql Commercial kennel licenses will not be i~sued under this division in any part of the City except on property zoned General Business B-2 or Service Business B-3 and only throuqh the issuance of a special use permit. J.gl The maximum number of doqs over three ( 3) months of age which a person may keep under a residential kennel license under this division shall be three ( 3) . 1tl Residential kennel license will not be issued under this division in any part of the City except on property zoned residential R-l or residential R-2. - ,~~ ....'J~~ .~"i::'~" INVESTIGATION; GRANTOR DENIAL OF - - - SECTION 5-75. APPLICATION; LICENSE. -. 1& Apl?lication. Anv person desirinq a residential kennel license required under the provisions of Section 5-75 shall make written application therefor to the City Administrator U80n a form prescribed bv and containinq such information as required by the City Administrator. Amonq other thinqs. the aoplication shall contain the followinq information: l.ll A descriotion of the real prooerty uoon which it is ~ desired to keep the animal or animals. ill The soecies and number of animals to be maintained on the premises. Ql. A statement that the apolicant/oermittee will at all times keep the animals in accordance with all the conditions prescribed bv the City Health Officer and/or Animal Control Officer, or a modification thereof, and . that failure to obey such conditions will constitute a violation of the provision of this chaoter and qrounds for cancellation'of the license. l1.l Such other and further information as may be reauired bv the City Health Officer and/or Animal Control Officer. . ----------------- . ll2l Consent. The applicant for any license reauired under . the provisions of Section 7-75 shall l:'rovide,with the application the written consent of seventy-f~ve (75) percent of the owners or occupants of privately or 9ubliclY owner real est~te within one hundred fifty (150) feet of the outer boundaries of the premises for which the permit is being reauested or( in the alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from that structure. . However , where a, street separates the premises for which the permit is beina reauested from other neighborinq property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwellinq, the applicant need obtain onlY the written consent of the owner or manaaer or other person in charge of the buildinq. jgl Investiqation by the City Health Officer and/or Animal CQntrol Officer; may grant license. The City Health Officer and/or Animal Control Officer shall make such investiaation as is necessary and may qrant, deny or refuse to renew any application for license under this chapter. , 19l License; conditions. If qranted, the license shall be issued by the City Administrator and shall state the conditions ,-.~-:tf any, imposed upon the licensee for the keepina of animals-under the '~~: lisence. The lisence shall specify the restrictions , deemed ~ . reasonablY necessary to protect any person or neiahboring use from _ unsanitary conditions, unreasonable noise or odors or annoyance or to protect the public health and safety. Such lisence may be modified from time to time or revoked by the City Health Officer and/or Animal Control Officer for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days followinq the mailina of written notice thereof by certified mail to the person or persons keepinq or maintainina such animals. 19l Outside kennels. An outside kennel must be constructed of open-faced, galvanized fabric of suitable size to maintain and secure the keepinq of particular breeds of doqs and to allow for sufficient space for particular breeds of doas to exercise freely. Surface must be constructed of material of either concrete or aravel of sufficient depth to provide for proper cleanina, drainaqe, maintenance and needs of all particular breeds of doas. lil Refusal to qrant or renew a residential kennel license. Citv Health Officer and/or Animal Control Officer may refuse a license to keep or maintain animals hereunder for failure to complY with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadeauate for their purpose, if the conditions of the permit are not met , if a nuisance condition is created, or if the public health and safety would be unreasonable endanqered by the grantinq of such license. Refusal . to grant or renew a residential kennel license bv the City Health Officer and/or Animal Control Officer may be ap~ealed to the City _n_ _________ . Council. . SECTION 5-76. APPLICATION AND RENEWAL FEES. The initial application fee for a residential kennel license under this decision shall be imposed, set, established and fixed by the City Council, by resolution, from time to time , and the annual renewal fee for any license issued under this division shall ne imposed, set, established and fixed by the City Council, by resolution, from time to time. CECTION 5 66. rrmpUT RBOUIRBD.. It ohall be unla~ful for any !lerGon to opera.te Q dog kennel in the city 'IIdtnout firot ha7ing obtained a kennel permit. The holder of a kennel permit aHal1 fiOt be required to regi3ter each indiv'idual dog leept in oaid kennel. (Ord. No. 198, lC f C 27 77) SECTION 5-78. DURATION; NONTRANSFERABILITY. Kennel permits shall be for a period of one calendar year or for the portion of the calendar year following the date of the application, and shall be nontransferable. (Ord. No. 198, 16, 6-27-77) CECTION S, 68. ST}\NDFilmC FOR ISSUANCE. No lrcnnel permit ohall be iosucd unleoo at the time application io made the mmerG of property adj oining the applicant' 0 property ohall ha7e conoentea..In . .,~ ..e-'\C.'. \ 'Il7riting to ouch uoe f nor ohall J. ke!1nel permit be iGbued unt~l - _._' after the premiseo '.Jhereon the ltennel' io to be located have been -. inopected by the city health officer and appro7ed 0.0 ouitable for ouch purpooeo. In no c;ent ohall a kennel permit be iooucd unlcoo the property ....hereon the kennel io to be located io properly zoned therefor in accordQnce ,lith the city zoning ordinance. (Ord. No. 198, 16, 6 27 77) The provisions of this ordinance shall become effective on the day of 19 - . ~ Passed by the City Council of the City of Arden Hills this day of 19 - Thomas Sather Mayor Attest: . Dorothy A. Person City Administrator . _________ __n_________ ____ . CITY OF ARDEN HILLS . 1450 WEST HIGHWAY 96 APPLICATION FOR RESIDENTIAL KENNEL LICENSE NAME ADDRESS TELEPHONE: HOME WORK PRESENT ZONING OF PROPERTY ON WHICH KENNEL IS LOCATED LEGAL DESCRIPTION OF PROPERTY ON WHICH KENNEL IS LOCATED CAPACITY OF KENNELS (BY NUMBER OF ANIMALS) , KIND OF SERVICES PROVIDED :---.... .,,~- .$"i-:-" - . QUALIFICATIONS AND EXPERIENCE OF APPLICANT FOR OPERATING KENNEL - BUSINESS REMARKS ~ The undersigned applicant makes this application pursuant to all the laws of the State of Minnesota and such rules and regulations as the City Council of the City of Arden Hills may from time to time prescribe. Date Signature of Applicant LICENSES APPLICATION FEE: ORIGINAL RENEWAL RECEIPT NUMBER . LICENSE FEE PAID LICENSES NUMBER ---....-------..- --.---.....--.-------- . . , REQUIREMENT PROCEDURE FOR RESIDENTIAL KENNEL LICENSE Section 5-68. Application. Any person desiring a residential . kennel license required under the provisions of Section 5-67 shall make written application to the Arden Hills City Administrator on a prescribed form. The application shall contain: a. Description of the real property upon which it is desired to keep the animal or animals. b. The species and number of animals to be maintained on the premises. c. A statement that the applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the Arden Hills City Administrator. d. Such other and further information as may be required by the Arden Hills City Administrator. The applicant for any license required under provisions of Section 5-67 shall provide with the application the written consent of seventy-five (75) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of the outer boundaries of the premises. ..~~- ..J;.~i"- . - Any applicant who has more than two (2) dogs at the time of -. application must remove all animals other than two until the license has been granted. Application forms may be obtained at the City Administrator's office, Arden Hills City Hall, 1450 West Highway 96, Arden Hills, MN 55112. The maximum number of dogs to be allowed with a license is three (3) . ~ . .. I CI'.IY OF ARDI1.N BILLS . MBMJRA'NIDI DATE: March 23, 1994 TO: Dorothy Person, City Administrator PRGf: Brian Fritsinger, Crrmll1rdty Developaent CoordiDator StJBJ'l!Cl' : Transient Merchants Attached you will find a draft proposal for aIreI1ding Chapter 18, Peddlers, of Arden Hills City COde. This ordinance was sent to and reviewed by Arden Hills legal counsel. While Mr. Filla indicated over the phone the ordinance leaked okay, he has not yet responded in writing as requested. '!he canponents of this proposed amendrrent are as follows. t l. '!he current ordinance does not allOlrl peddlers, solicitors or transient merchants to undertake door to door sales unless - ~..r requested or invited to do so by the owner or occupant of a ..,~ ...:$-",-'- residence. 'Ibis proposed ordinance - \\OUld allOlrl door to door sales . as long as the individual or organization has registered with the - City. 2. Definitions - '!he ordinance has expanded to include peddler, solicitor and transient merchant. 3. Exemotions - Exemptions to the fees for sellers of fann and garden products, non-profit organizations, carmunityevents and school/ sport related organizations. Additional changes have been incorporated to this area which further address concems raised by ~ the City Council. 4.- Registration - 'Ibis is required for everyone except those exerrpted areas identified in Section 18-07. This ordinance also includes the ability of the City Council to establish by resolution an appropriate fee for conducting background checks. No specific arrount has :been reccmrended. 5. Hours of Operation - '!he hours pe:rmitted are fran 9:00 a.m. to 7:00 p.m., 7 days a week. 6. Miscellaneous - '!he applicant rm.lSt exhibit the permit to any resident who requests such permit. '!he ordinance would be administrati vel y approved and require a 3 day waiting pericd for the necessary background check to be carpleted. '!he permit \\Ql1d expire after a ma.xirrum 30 day pericd. . BF:to --- ------~ --- j . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ~ Ordinance No An ordinance amending Chapter 18 of the City of Arden Hills Municipal Code Relating to the Regulation of Peddlers. The Council of the City of Arden Hills does ordain as follows: Chapter 18 of the City's ordinance is hereby deleted in its entirety and replaced with the following. CHAPTER 18 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS Section 18-01 Puroose - This section is not intended to interfere with the legitimate business activities of peddlers, as the same are defined herein, whether local or interstate. These provisions are intended only to, as nearly as possible, ferret out all illegitimate operators and to regulate and control all those who would use their unique presence on property within the City to create nuisances, commit theft or other unlawful activities. Section 18-03 Definitions ~~- For the purpose of this chapter,. the terms, used herein ate -.. defined as follows: Peddler: means any person, whether a resident of the City of -~ Arden Hills or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery products or groceries who distribute their products to regular customers on established routes. P~ddlinq: means the act of being a peddler. Solicitor: means any person, whether a resident of the City of Arden Hills or not, firm or corporation who goes from house to house, place to place or from street to street soliciting donations or taking orders for sale of goods, wares or merchandise for future delivery or for service to be performed in the future, whether or not such order or whether not he is collecting advance payments on suc~,lorder. Such definition includes any person who, for h~.~: or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging house apartment, shop or other place within the City for the purpose of exhibiting samples or taking orders for future delivery. Transient Merchant: Includes any person, firm or corporation, ~ whether as owner, agent, consignee, or employee, whether a resident of the City of Arden Hills or not, who engages in, -- - ---------------- does, or transacts any temporary business and transient business, either in one locality, or in travelling from place . to place, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, shelter, vacant lot, railroad car, motor vehicle, trailer, tent, boat, public room in hotels, lodging houses, apartments for the exhibition and sale of such wares, goods and merchandise. Section 18-05 Reqistration Required: It is unlawful for any peddler, solicitor or transient merchant to engage in any such activity within the City of Arden Hills without first registering with the City Administrator in compliance with the provisions of this ordinance. Registration does not exempt compliance with all other applicable local, state and federal laws. 1. Registration. Persons registering under this ordinance shall file a sworn statement with the City Administrator's office on a form to be furnished by the City. The sworn statement shall provide: A. The name, physical description and drivers license number of the person registering. , B. The permanent home address of the applicant, the address of the place of business or the firm-~Er occupation which the applicant represents, and in .....'".'.. the case of transient merchants the local address . from which proposed sales will be made; - C. A brief description of the nature of the business and the goods to be sold; D. If employed, the name and address of the employer, together with the credentials therefrom establishing the exact relationship; E. The length of time for which the right to do ~ business is desired; F. The place or location where the goods proposed to be sold are manufactured, stored and the manner in which goods shall be delivered to the customer; G. A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be approximately 2" X 2" showing the head arid shoulders of the applicant in a clear and distinguishing manner; H. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than . traffic violations, the nature of the offense and the punishment or penalty assessed therefor; I. A list including the name, address, phone number and age (if under 18 years) of all persons working for or assisting in the described activity. . J. In cases of transient merchant sales, the applicant must also provide: i) Proof of appropriate permission to operate on proposed site. ii) A copy of the form or individuals sales tax permit. The sales tax permit must be posted at the site; and K. The last five (5) municipalities wherein the applicant has worked before coming to this City. Section 18-07 Exemptions: The provisions of this Section of this Chapter shall not apply to the following: 1. Bona fide residents of the state selling products of the farm and garden occupied and cultivated by themselves provided that such sales can be conducted without creating traffic hazards; 2. Children, age eighteen or younger, soliciting for scho~l sponsored activities; - ...,--,,~'- -'. 3. "garage" or "estate" sales; .. 4. The acts of merchants or their employees in delivering goods in the regular course of business; 5. Solicitations by any organization for philanthropic religious or educational causes if the following procedure has been accomplished: the requesting entity must file an application in writing, on a form to be furnished by the City Administrator, which shall give the ~ following information: 1. Name and purpose of the cause for which the exemption is sought. 2. Name of the individual in the organization responsible for the solicitations. 3 . Names and addresses of the individuals who will actually be doing the solicitation. 4. Period during which solicitation is to be carried on. . 5. Certificate of non-profit status from the state where organized. Section 18-09. Administrative Review Fee. A fee, in the amount to be determined from time to time by Council resolution, shall be paid when the application is submitted. This fee is to cover the . administrative costs of processing and investigating. - Section 18-11. Investiqation and Issuance. 1. Upon receipt of each application, it shall be referred to . the Ramsey County Sheriff for a background investigation of the applicants business and moral character as deemed necessary for the protection of the public good. 2. If as a result of such investigation, the applicants character or business responsibility is found to be unsatisfactory, the City shall notify the applicant that the application is disapproved and that no permit shall be issued. 3. If as a result of such investigation , the applicant's character or business responsibility is found to be satisfactory, the City shall deliver to the applicant the approved permit. Section 18.13 Exhibition of Permit. Permitees are required to exhibit their permit at the request of any citizen. A. Practices Permitted. No peddler or solicitor shall enter in or upon any premises or attempt to enter 1 in or upon any premises wherein a sign or placard bearing the notice, "Peddlers or solicitors Prohibited," or language similar thereto, ""<Is located. ~";"-f--"-' , . B. Refusinq to Leave. It shall be unlawful for any -, peddler, solicitor or transient merchant to enter upon premises owned, leased or rented by another and refuse to leave such premises after having been notified by such owner or occupant to leave. C. Misrepresentation. It shall be unlawful for any peddler, solicitor or transient merchant to make false or fraudulent statements concerning the quality of the goods or services which are being r offered for sale. Section 18-15. Hours of Operation. It shall be unlawful for any peddling or soliciting within the City between 7:00 p.m. and 9:00 a.m. the following morning, except by specific appointment with and invitation from the perspective customer. Section 18-17. Duration. Every permit issued under the provisions of this chapter shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in excess of thirty (30 ) days. Section 18~19. False Information. It shall be unlawful for any reason to give any false or misleading information in connection with the application for permit. . Section 18-21. Misdemeanor. Any violation of this Chapter shall be a misdemeanor. Each day on which such violation continues shall constitute a separate offense. ------------- Section 18-23. Revocation. Any permit issued on the provisions of this chapter may be revoked by the City Administrator for a violation of any provision of this chapter. ~ Section 18-25. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor. Section 18-27. Severability. If any part or provision of this Chapter or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competence jurisdiction, such judgement shall be confined in its operation to the part of the provision or application which its directly involved in the controversy in which such judgement shall have been rendered, and shall not affect or impair the validity of the remainder of this chapter or the application thereof to the other persons, entities or circumstances. The provisions of Ordinance No. shall become effective on the day of 19____ Passed by the City Council of the City of Arden Hills this day of 19____. , Thomas Sather .",:; e~<. Mayor -- Attest: -~ Dorothy A. Person City Administrator ~ SOLICITORS/PEDDLERS/TRANSIENT MERCHANTS . REGISTRATION PROCESS 1. Provide registrant with copy of ordinance. Ask them to read through the ordinance and fill out the registration form. 2. Make a copy of their state tax ID document and attach copy to the registration form. 3. Verify identification; ie: drivers license and license number. 4. Verify completion of application including photograph and if necessary the permission form from the property owner. s. If there is any questions about the legitimacy of their business or organization, call the Better Business Bureau at 699-1111. 6. Once the application is completed, collect $ for the application and issue them a receipt. 7. Give application to Brian for review. Applications require three day waiting period to allow for background check. .- ~.j;.. .:'~ ~.::r(~. . - ~ . . City of Arden Hills Solic.i tors, Peddlers, Transient Merchants . Application for Pe~it Permit No. Date Issued Expiration Date To be filled out by applicant Full Legal Name (Last) (First) (Middle) Date of Birth Sex Description of Applicant: Eyes Height Weight Full address (Home) Name of Business Organization - Phone (Home) (Business) -. . Temporary Local Address Phone .. MN Driver License No. Social Security No. Tax Identification No. (or SOl-C3 documentation) Describe Nature of Business or Organization: Describe Goods to be Sold: Address where the goods are manufactured: . Address where the goods are stored: Manner of which goods shall be delivered to customer Has the applicant been convicted of any crime? If yes, the nature. . Length of time of Permit (maximum 30 days) : From To Description of any vehicle which applicant will use while engaged in the business of a peddler with the City: . Year Make Model Color License # State of Issue List of five (5) municipalities wherein the applicant has worked before coming to this City: 1. ) 4. ) :2 . ) 5. ) 3 . ) I, the undersigned applicant make this application pursuant to all the laws of the State of Minnesota and such rules and regulations as the City Council of the City of Arden Hills may from time to time prescribe. I acknowledge receipt of Arden Hills Ordinance No #18 relating to the regulation of peddlers/solicitors/transient merchants. I verify that the above information contained in this application is correct to the best of my knowledge. , - ."~ ,',", . Signed, Dated - . . -------- ---- . , " Full name, address and age (if under 18 years of age) of all persons working for or assisting in the described activity. . Full Name Phone and Address Age (if under 18) , - ""- '. ~ . F-- /,.., 1:_ ! ~;..I_ . '. 71 " " .. (r..i I', .: .~ ' - ."\ . . fr' /,-, .,' -to [l( /f' ,r ~.- .-<</ "I {/ ,-', /1 . Te r,J !T TeMP NOTES . - How long will it take to open the land use (Unknown, this is one of first of these types of processes.) - Why not zone most protective and then rezone as comes available (certainly an option) . - Why not use the zoning rules when under another agency such as Army/County - would they have to abide by City's zoning - No, if owned by Army, since a federal agency. - Where do dollars for City Hall and Public Works come from (Partially from savings and partially from bonds.) - Years ago, the Army stonewalled regarding clean-up - is Army now more cooperative? Still no action (Some sites are now more attractive/less contaminated. There are few dollars available to fix up the land. Dollar estimates made to ensure these stay included. A request is in process for Arden Hills' request but County and National Guard award for land access, but further review is needed plus the EPA and Army have to ensure no contamination. However, any release doesn't have to go through the whole area as prioritized. There are certain processes to release land earlier, such as if a consortium of interested communities clean the land. That may . be possible but there continues danger that may not get land) . - HOD is now looking at the houses on McKinley Act (Federal) likes community involvement. Working hard to get excesses but have lead paint and asbestos. - This community information gathering is part of process. - Clean-up is expensive. Five Army employees here, plus Federal Cartridge has 50-60 employees day to day. - This property is one of highest in the Co. - A sand and gravel removal mining operation operated as a private business, some say that the hills were destroyed. The mining stopped 1986. An independent group had mineral rights to 100 acres which is now a pit in the north central. It is now used to discharge water into pit which is good use. . - Is ~and available through another organization before it goes to local communities? The Department of Defense, federal, state, and local agencies, however there ranking goes through are other ways can be used to make things happen. - Mobile home park - We anticipate an investigation of water wells. The well was sealed and a new well went to a deeper . aquifer. All at Army expense. Health Department and PCA monitor every six months. --------- _____________ ________________ _________n_ , . - A question from the audience regarding problems with smell of . the mobile home park and question if this is contaminated. They heard that the uncapped contaminated well was used. This was sent to day care kids only. He had not received since he had sick kids. The answer given is that the good well is safe. - If the beautiful area by Sunfish Lake is to be used for a garage central location, it doesn't seem like the best use of the land. Probst answered the land identified is not adjacent to the lake identified in past to provide access between the City and the Army Reserve building since the Public Works uses both buildings. - The use by National Guard - Do communities have any say into their continuing these maneuvers (Yes, environmental review by public comment. The use restricted is limited to area previous used with no vehicle traffic.) - Our comment that he believes location wrong for Public Works and City Hall (It should be corrected that the use west of Hamline is to be been used as truck storage. A master plan to best utilize land is needed such as to protect Sunfish shoreline as the prettiest and part west of there has been disturbed by Ramsey County. Keep at least some open space. More space is here than any Co in metro. You need input from . those on boundaries in Highway 96 and County Road I for traffic flow.). - Land - Limit number of facilities and uses is good and also remember County Road I traffic impact. People get hung-up on use of this but be sure you address traffic issues. - There needs to be sensitivity to the location of land. Now it is park land - prime use. We don't want same piece meal development as other areas. - Opt for no area uses. Other national closures have studies which show the best uses start with community involvement to be creative, start from scratch. Think of who should do it? Have studies. What is Arden Hills' time table? Facilities, hope late this year and do a plan - long range. - Gary Bloeder, National Guard - Now parked trucks will go to Rosemount. With a combined with a County, National Guard, and National Guard Public Works combined and a City Hall, improvements should be seen including access on Hamline, combined area for training and community uses. The National Guard has 100% fed funding, savings are expected also in sharing space with Ramsey County, Arden Hills and shared uses Ramsey County weekend vs weekday. We all live here all the time. The current facility is a thirty year old facility. We . have kept it upgraded, but Army owns the prop. , '41 . TC~P NOTES MARCH 17. 1994 COMMUNITY MEETING ENVIRONMENT GROUPS FACILITATOR. JIM BRIMEYER WRITTEN COHKENTS - 00 not build a city hall and/or maintenance facility (combined with Ramsey County and the National Guard) in the presently sought location. This land is open space and should try to be preserved for recreation of some type. Instead use the presently developed buildings or spaces in the southwest portion of TCAAP since it is already being used for similar activities. - The concept of a regional park that was espoused during the meeting seems to make great sense. If the 1800 or so acres of undeveloped land were turned into a park with the 80/20 concept of natural and developed recreation areas, the City would have a very significant asset. . - Preserve all of the TCAAP undeveloped land for nondestructive, nonintrusive use. Someday the metro/suburban area that is developed will extend in every direction for many more miles. Natural open areas that can nurture the human spirit will become more precious than gold. TCAAP property preservation as an undeveloped area is not a once- in-a-lifetime proposition; it is a once in forever opportunity. - Preserve the buildings that are currently on site and don't build anymore. Keep this property for nature's friends, walking, and biking. It has been quarantined from being torn down all these years, why change it. There is enough space elsewhere to build businesses and houses. - Any development should be centered upon the SW . corner that is already developed. Encourage trail development for walking, biking (wheelchairs) to link with adjacent trail systems, however, the placement of trails should maintain biological integrity and result in minimum disturbance to the land, flora and fauna. . . . ~ Community Meeting - TCAAP 2 March 17, 1994 - Vehemently opposed to a golf course which would replace native flora with exotics that require extensive irrigation, herbicides, pesticides and fertilization, as well as extensive grading of the land. - Residential development-more houses means more services (schools, grocery, library, more traffic lanes, etc.). - Approve the idea of fOllowing Hennepin County Regional Parks Management model. - Sports fields take up a lot of space, plus you need parking. These should be sited elsewhere, but if this is the best location, restrict them to the periphery and to areas already developed. Keep the prairie pot holes, forests, etc. intact. - Oppose leaving land as a "pure wilderness" when the incredible amount of park and wilderness in the state. The area would have to be sealed from ~ pUblic use to remain wild. - It's obvious how disconnected "environmental" use is from "practical" issues. - Would like to see 80% remain as open space and it would be reasonable to figure out some area for a City facility. - The currently undeveloped land is irreplaceable. It should be left undeveloped and protected. FACILITATOR'S NOTES: VISION FOR FUTURE USES - Museum, architectural, historical, memorial - Interpretive Center - military, history, natural resources - Open space - non-destructive, no terrain change, no motorized vehicles, restoration of existing, handicapped access, regional park, (park reserve 80/20). - Improve tax base, enhancement, allow perimeter development, (selected) commercial. ~ . . Community Meeting - TCAAP 3 March 17, 1994 Sports activities, soccer, youth, multi-purpose, - trails, skiing, ballfields. - Residential development, pUblic uses, school, City, County, DNR, u.s. Fish/Wildlife - Division of property, Southwest most (1/4) acceptable for "development" - Buffer zones - noise, lights, landscape - Protect flora, fauna, animal life (3/4) - Use of buildings, firearms instructional safety, youth, joint vehicle maintenance, city, county uses. - Use 14 houses (affordable housing) . . (.; . . '!he following are outcomes of the 1993 Arden Hills strategic Planning session by Co1mcil and staff: 1. Common themeS in the City visio~: . Development of the Arsenal. . Parks & trails. . Econani.c Developnent, especially in the Rourrl lake and Lexington Avenue area. . Transportation. . Infrastructure inprovements to include sidewalks, curbs, and streets. . New City Hall am Public Works facilities. . Expansion am maintenance of the quality of life (environment, recreation, etc.). . Expanded retail development. 2. Points of Divergence or difference in the visions: . '!he degree of residential versus business development that will occur. . '!he effect that outside agencies and forces will have on the future of the City of Arden Hills. . '!he degree of proactive versus reactive development that will occur in the community. .. 3. Critical perfonnance factors/ issues: . Economic development opporttmities. Maintaining control of the Arsenal property so that other agencies will not interfere/intervene in its development direction. . Ensuring significant utilities are available to support development of Arsenal property. . Fstablishing cooperative funding ventures to meet future needs. . Expanding the availability and use of grant monies. 4. Goals for the City of Arden Hills: 1993-95 High Priority Goals . capture/a~ire Arsenal property: HaInline/Lexington Avenue, Highway 96 to I. . IJ:x:ate a "key" occupant for GBD. . Foster a stable am effective staff culture. . '!he City will have constructed a new City Hall facility and a Public Works facility. . '!he Council will have aggressively marketed economic development to targeted investors and employers. 5. Moderate to lower priority goals: .' . Develop an amual community event that will stress/establish a "sense of community". . . . . The City will have identified alternative revenue .sources ani related iJnpact on service levels ~ service delivery. . '!he City will have exparrled its Parks/Trail recreational opportunities. . The City will have identified the utility system requirements necessary to support future Arsenal land use plan. . The City will have evaluated future transportation system needs on City ~ roadway system. . . . . -'fA ~ . tC>\tnv> ~t. p~(~ . CllYOF FRIDLEY FRIDLE'( MUNICIPAL CENTER. 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55.B2. (612) 571-3450' FAX (612) 571-12X7 Mayors within the Rice Creek Watershed Subject: wetland Conservation Act Minnesota Rule 8420.0230 Notice to Cities This letter is notification to meet the intent of the above- referenced statute and comply with the rule requiring notice of all 1991 Wetland Conservation Act Mitigation Plans of .1 acre or less to be sent to all the Mayors within the Watershed. If you wish an individual notice for all replacement plans for projects of this size within the City of Fridley, we request that you submit this request to us. If we do not receive a request, we will refrain from mailing a copy of each replacement plan application and decision except as listed below. As required, . the notice will be published in the EQB Monitor and our official newspaper. ':"; The City will send copies of all replacement plan applications to the following: * Board of Water and Soil Resources * Anoka Soil and Water Conservation District * The WMO or Watershed District in which the project is located * DNR * Anoka County Board * Any interested persons requesting to be placed on the mailing list If you have any questions, please contact either Scott Erickson, Assistant City Engineer, at 572-3557 or Michele McPh~rson, Planning Assistant, at 572-3593. Sin~y~ M~~ele McPherson, BLA Planning Assistant . MM/dn , .' .. ~. ~~~~o~~~~~~~~~~~;_,~ molo", A(,.~ . March 7, 1994 An update OD the proposed recioa-wWe pubue safety radio COJUlUDicatioJlssysteJII: The Metropolitan Council's Metropolitan Radio Systems planning Committee :has completed its evaluation of options for a shared, region-wide, two-way radio communication, system. The option recommended is a phased approach, building on an 800-megahertz digital trunked system proposed for the Minnesota Department of Transportation. Local jurisdictions with an urgent need to expand can join the system 'at the outset. Other jurisdictions can join as they need to, retaining local control over dispatching. As more jurisdictions sign on, the basic system ultimately.wi1l grow into a fully integrated system region~ wide. The Council is asking the legislature to act this session and extend the moratorium through June 1995 to resexve the 90 newly available 8O()..MHz channels provided by the federal government. The committee plans to oversee system design and develop a govemance and financing plan this . year for consideration by the 1995.legislature. Construction of the system would begin by June 1996. A summary of the findings and recommendations from the report, along with a briefing paper, is enclosed for your information. To obtain a copy of the Report: of the Metropolitan Radio Systems Planning Committee, Pub. No. 71~94-026, call the Council's DataCenter at 291-6140.Hyou have questions about the report, call Pat Pahl (291-6392) or John McGough (291-6388) at the Council. I commend the committee for their thorough-discussion and analysis of the various options available to the region and look forward to seeing results of their continued work this year. This plan is effective and efficient government at its best, using the expertise of many local governments officials and public safety professionals.., It allows the region's residents to benefit from an excellent 'integrated communications system while keeping costs -at d miIilinum. \Ve ask to: your consideration and support Sincerely, ~~ , Dottie Rietow Chair . Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101-1634 612291-6359 Fax 291-6550 TOO 291-0904 @ Recycled Paper An Equal Opportunity Employer . . . METROPOLITAN RADIO SYSTEMS pLANNING COMl~lnTUs Brieting Paper Two-way radio communication is an essential tool for effective delivery of a wide range of public services. Police, fire, disaster response, emergency medical services, public works and transit cannot function without access to reliable radio communications links. Public safety radio communications is expected to grow by 55 percent over the next 10 years as a result of regional population growth coupled with an increase in per capita public safety incidents. At the same time that the need is growing so rapidly, the ability of users to upgrade their existing UHFNHF systems is limited because all UHFNHF frequencies have been licensed to users and are not available to jurisdictions needing to upgrade or expand their systems. The availability of channels in the 800 megahertz (MHz) band frequency for public safety use provides an opportunity to meet the needs of local jurisdictions for more capacity. But even in the 800 MHz band, the number of channels available to this metropolitan area is not sufficient to meet needs for capacity unless the channels are shared by all users. . Radio frequencies available to the region are a limited resource and must be shared by all users if critical public safety needs are to be met throughout the region. . Of technologies now available or on the horizon, 800 Mhz digital trUnking is the most efficient and cost-effective to meet current and future region-wide government radio communication needs. . . Of three options studied--no-build, a phased region-wide system and a fully integrated regional system-the most cost-effective option is a phased system. The phased system assumes.that the state will build an 800 MHz digital trunked system for its metropolitan area operations and that local jurisdictions can share the basic state infrastructure at a relatively small incremental cost. . A coordinated state/regional system will provide at the outset a shared mutual aid system, integration of emergency medical services with public safety and a region-wide emergency management system for disasters. A phased system can be designed to provide a needed back- up for the Metro-911 system. . The first phase of a phased system provides coverage with 95 percent reliability for mobile radios in all counties of the seven county area. For jurisdictions such as Minneapolis or Hennepin county which are in urgent need of portablerm-building radio coverage or have large numbers of users, the basic system can be enhanced with increased controller capacity, additional towers and transmitters/repeaters at local cost. As more jurisdictions join the network, the initial basic system can grow into a fully integrated region-wide system. . Costs for basic region-wide mobile coverage for mutual aid will be relatively small. Portable inbuilding coverage with various technological options can be added by local jurisdictions which must pay the added cost. . Governance of a phased system is under study but will include a commitment to a policy board representing local interests, an advisory technical users group, local autonomy over dispatching . and guaranteed access for non-governmental public safety entities. . . FINDINGS Needs Assessment . The Metropolitan Radio Systems Planning Committee has assessed the growing communications needs of a diverse range of public service entities. These entities include police, fire, emergency medical service, public works and other public and quasi-public service operations that the Federal Communication Commission has determined to be eligible for use of radio frequencies reserved for public safety use. . Public safety radio communications is expected to grow by 55 percent over the next 10 years as a result of regional population growth coupled with an increase in per capita public safety incidents. Public safety incidents are increasing at an average rate of four percent per year. . A survey of public sector radio communications users conducted in 1992 determined that more than two-thirds of the users had problems with their communications systems. The most common problem identified was crowded channels. . The 1991 survey also found that 84 percent of public sector radio communications users plan to make some investment in their systems within the next ten years. . . The needs of MnlDOT, the city of Minneapolis and Hennepin county for radio communications improvements are so urgent that they must switch to 800 MHz frequencies as soon as is practically possible. If agencies with urgent needs proceed independently to 800 MHz frequencies, the finite resource of 800 MHz channels will be rapidly depleted and no channels would be left to address the current or future needs of entities that would not be served by these independent systems. . All metropolitan area jurisdictions and quasi-public users could take advantage of the regionwide mobile coverage provided by the proposed 800 megahertz radio system. Approximately one-half of the users have indicated that they will also need in-building coverage. Limited Frequencies . The ability of users to upgrade their existing UHFNHF systems is limited because all UHFNHF frequencies have been licensed to users and are not available to jurisdictions needing to upgrade or expand their systems. . The Federal Communications Commission is expected to act to narrow the UHFNHF bandwidth resulting in the need for UHFNHF users to replace existing equipment by 2004. . To address the urgent need for channels to serve public safety, the Federal Conununications Commission has made channels available in the 800 megahertz (Mhz) band. The Twin Cities . metropolitan area has been assigned 90 of those channels known as the NPSP AC channels for exclusive use by public safety entities. . J' . . The Committee will prepare a regional frequency allocation plan for approval by the APCO committee to govern the use of the 800 Mhz channels. . The Committee will recommend to the legislature a governance structure for the preferred alternative that reflects the governance principles adopted by the Committee. Those principles include a commitment to a policy board representing local interests, an advisory technical users group, local autonomy over dispatching and guaranteed access for non. governmental public safety entities. . The Committee will develop a financing proposal that considers private as wen as public financing options to determine the most cost..effective and equitable financing mechanism. Among the revenue sources that may be employed for local agencies' share of the system are user charges, property taxes and the telephone tax. State and regional agencies will pay their fair share of the costs from whatever revenue sources are available to them. Implementation Schedule . Legislation in 1994 extending the moratorium on the NPSP AC channels. . System design prepared during 1994. . Governance and financing plan developed in 1994, acted on by the 1995 legislature. . Project under contract by June 30, 1996. . . Phased migration to system between 1996 and 2004. . . . i . . RECOMMENDATIONS The Metropolitan Radio Systems Planning Committee recommends that 1. The legislature direct that the committee proceed to implement its preferred option of a shared regionwide system developed in phases according to an overall system design. 2 The committee take the following actions: a. Begin engineering design work immediately on the preferred option. The initial system design would provide regionwide mobile coverage for MNIDOTJ other state agencies and regional agencies operating within the metropolitan area and for local jurisdictions and quasi-public users. The initial system design will also incorporate in-building coverage for local jurisdictions that have an immediate need for such coverage and are ready to move to 800 megahertz digital trunking to meet that need. b. Develop a frequency allocation plan to support the preferred option and obtain approval for the plan from APCO and the FCC. . c. Prepare for action by the 1995 legislature a governance structure and financing plan to support the preferred option. 3. The legislature extend the moratorium on applications for the 90 NPSP AC channels to June 30, 1996 so that these channels are reserved for use in the proposed phased regionwide system. 4. The legislative moratorium on applications for the 90 NPSP AC channels should be removed only under the following conditions: a. the Metropolitan Radio Systems Committee is unable to agree on and provide to the legislature a governance plan for action during the 1995 session. b. the project is not under contract by June 30, 1996. . . ----------- ,~ \ eCI~e6 . ~3~ CITY OF SAINT PAUL 390 City Hall Telephone: 612-266-8510 Norm Coleman, Mayor 15 West Kellogg Boulevard Facsimile: 612-266-8513 Saint Paul, MN 55102 March 22, 1994 Mayor Thomas Sather City of Arden Hills 1450 West Highway 96 Arden Hills, Minnesota 55112 Dear Mayor Sather: You recently received an invitation to the Economic Development Summit of Metro East Mayors on March 26, 1994. My office has received many responses from Metro East officials who would like to attend, but have prior commitments and/or conflicts with the March 26 date. Additionally, issues at the Legislature are making it very difficult for many Metro East mayors and administrations to participate. Considering these factors, . and the added scheduling demands that we all face during the Legislative session, I feel it is best to postpone the Economic Development Summit at this time. The purpose of the Economic Development Summit was to bring Metro East leaders and policymakers together in the spirit of cooperation to discuss coordinated strategies for economic development. I wish to thank all those who responded to this invitation with interest and good will, even if scheduling issues would not allow you to attend. From the responses received by my office, one thing is quite clear -- Metro East leadership is committed to working together for the good of the Metro East region. Please watch for correspondence regarding a new date for an Economic Development Summit of Metro East Mayors. Out of respect for your time, the Summit will be scheduled after the Legislative session has ended. The Saint Paul Area Chamber of Commerce, Metro East Development Partnership, Saint Paul Port Authority, and Saint Paul Area Association of Realtors will help organize and sponsor the event. . Please contact Ray Faricy (266-8527) if you have any questions or suggestions regarding the Summit. Again, thank you for your interest. Sincerely, . tlO~ Norm Coleman Mayor ,~" ce"~:~ ~,~~-; t BPi . ' ~ 2{3; ",v'4 \M ~,~-i ;.: 21~,-;,"; City of Golden Valley '11tiQf~i~JN,f\~t~ March 22, 1994 Mayor and City Council Me~bers c/o Ms. Dorothy Person City of Arden Hills 1450 West Highway 96 Arden Hi 11 s, MN 55112 Dear Mayor and City Council Members: During the last eighteen months, your City has participated in an update of the Joint Comparable Worth Study originally developed in 1985. Two final documents were provided to your staff several months ago -- the revised Personnel Decisions Incorporated Focus System and a new Hay Associates option. I am pleased to report that the final costs of this effort were less than we anticipated, and a rebate check is enclosed based on your proportionate share. The joint effort has again saved individual cities thousands of dollars and the products represent IIState of the Art II job eva 1 uat i on systems. I" 57(', I (P:) . We owe a great deal of thanks to the following people who each donated approxi- mately one month of work time to help all of us realize this conclusion: Ken Hartung, Coordinator City of Bayport Melanie Ault City of Richfield Geralyn Barone City of Minnetonka Mike Barone City of Eden Prairie Natalie Swaggert City of Eden Prairie Nancy Gohman Ci ty of Crystal Mary Hei nz City of Bloomington William C. Hunt City of Fridley j Howard Rowland City of Brooklyn Park Ceil Smith City of Edina Joyce Twistol City of Bl ai ne Wa lly Wysopa 1 City of St. Louis Park Dwai n Boelter POI Susan Irber City of Fridley We hope you will find the study helpful; and if you have any questions, please feel free to contact me. . Equity Study Government Center, 7800 Golden Valley Road, Golden Valley. Minnesota 55427 (612) 593-8000 Fax (612) 593-8109 0:J(Jn~ p 3~s - ~ League of Minnesota OIies 3490 Lexington Avenue North. St Paul. MN 55126 . II . (612) 496-5600. 1-800-925-1122 plus your city code . mo: 496-9038 . FAX: 490-0072 League of Minnesota Cities staff 1994 top issues The League of Minnesota Cities has working with legislative issues eight p-iority issues for the 1994 legiSlative session. We will include Jim Miller, Executive Director this list every week with a page number after the issue if we include a Duke Addicks, Director of Intergovernmental Relations story. State Aid to Cities - Preserve 1994 Stan Peskar, General Counsel level and seek additional funding for Pensions future years for LOA and HACA. Gary Carlson, Senior Intergovernmental Relations Local Government Trust Fund - Representative Stabilize the LOTF and resolve the General revenue sources for cities current shortfall. Local government trust fund Open Meeting Law - Clarify require- Aid to cities ments and pennit defense of alleged Property tax system violations. .- Sarah Hackett,Intergovernmental Relations Representative Annexation - Preserve 1992 annex- Transportation ation amendments. expand cities ,-- -4-., Fiscal administration of cities ability to annex urban or urbanizing -- .0"._- Economic development and redevelopment areas. and control growth in nonurban Government innovation and cooperation areas. , Ann Higgins, Intergovernmental Relations Representative Landfill Cleanup - Establish new Telecommunications program separate from Superfund to Housing clean up closed municipal landfills. Elections and ethics Public Employment Labor Rela- Utility service districts tions Act - Reform PELRNs interest arbitration provisions to balance the Joel Jamotk, Senior Intergovernmental Relations bargaining power of essential and Representative nonessential public employees. Growth management and land use Environmental protection DevelopmenURedevelopment - Personnel and labor relations Remove the aid penalties on TIF for Public safety manufacturing and redevelopment General municipal governance districts; obtain additional funding for pollution clean-up. Mary Diedrich, Legislative Secretary Transportation Systems Funding - . Julie Johns, Legislative Secretary Increase funding for roads and transit by extending the sales tax to gasoline; or increase the gas tax and establish dedicated revenue for transit. . , . TCAAPINTERCEPTOREVALUATION RACK~ROTTND TNFO~l\JA TTON The Twin Cities Army Ammunition Plant (fCAAP) was originally constructed for the World War n war effort. Since 1941, .the facility has manufactured small arms ammunition with production at the facility peaking during war times. TCAAP consists of a number of buildings served by an extensive on-site wastewater collection system. For the most part, the on-site collection system is a gravity system. The on-site collection system conveys sanitary and process wastewaters to the on-site pumping system which consists of a comminutor, detention tank, and main lift station. The off-site system consists of 61h miles of 18-inch forcemain and 7 miles of 24-inch forcemain which convey the pumped flow to the City of Minneapolis sanitary sewer system. When originally constructed in 1941, TCAAP wasphysically isolated in an undeveloped area. Collected wastewater was conveyed to the nearest municipal (Minneapolis) sanitary sewer system via an 18-inch diameter forcemain approximately 6l/z miles long. The system was upgraded in 1953 through construction of a supplemental 24-inch diameter forcemain approximately 7 miles long. Today, both forcemains still discharge to the City of Minneapolis sanitary sewer system. The City, in turn, discharges its wastewater to the Me~opolitan Waste Control Comm~~~ system for treatment. - ~-. ,,-'-'-" ,- - - . Because of their length and age, maintenance of the forcemains has become an ever-increasing - - problem. Leaks are becoming more frequent, resulting in higher annual repair costs. Pumping wastewater 7 miles is also resulting in the needless expenditure of electric energy. The comminutor, the detention tank, and main lift station were constructed with the 18-inch forcemain in 1941. Because of their age, the pumps, valves, piping, and other mechanical equipment in these structures are outdated. In the future, many of these components would have to be replaced if the existing system was to remain in operation. ~ Since 1941, the Twin Cities metropolitan area has grown dramatically. TCAAP, itself, is surrounded by residential and commercial/industrial development. The area along the alignments for the two forcemains is nearly 100% developed. The Metropolitan Waste Control Commission (MWCC) was formed in 1970 to convey and treat wastewater for the entire Twin Cities area. MWCC facilities capable of accepting TCAAP's wastewater flow now exist within a mile of TCAAP's main lift station. As part of the Department of Defense's efforts to reduce their operating budget, TCAAP has been downgraded from "standby" status to "modified caretaker" status. Simply stated, "modified caretaker" status means that the U.S. Army has no plans to ever put TCAAP back into production. Under "modified caretaker" status, the wastewater flow generated by TCAAP is estimated as . follows: II ) .\ V-;~l ( 049-2203.1 S20-049.70 . Average Daily Flow = 300,000 gpd Peak Flow Rate = 1,000 gpm As previously mentioned, the existing wastewater pumping system (main lift station and off-site forcemains) is outmoded, expensive to operate, and in need of replacement. In recognition of these facts, the U.S. Army commissioned a study of alternative discharge locations that could receive the wastewater flow from TCAAP. The findings of this study are summarized below. AT.):'F.RNATlVR DISCHARGE I.OCATJONS MWCC Facilities MWCC staff identified a 66-inch diameter gravity interceptor (4-NS-523), Lift Station L-35, and a 24-inch diameter gravity interceptor in Arden Hills as potential alternative discharge locations (see attached exhibit). The MWCC 4-NS-523 gravity interceptor conveys the wastewater flow from approximately 50% of Mounds View, as well as the communities upstream of Mounds View. It has adequate capacity to convey TCAAP's "modified caretaker" status wastewater flow. t MWCC Lift Station L-35 is located west of U.S. Highway 10 along County Road H. It discharges via a 24-inch forcemain to the MWCC 4-NS-S23 gravity interceptor jyst west of;lIie ~_ Fridley/Mounds View corporate boundary. Lift Station L-35 serves the remaining 50% of.-;' --. . Mounds View. The lift station was over-sized when it was constructed in 1965 to provide - sufficient capacity to convey TCAAP's wastewater flow. The lift station has a firm pumping - capacity of approximately 4,400 gpm. Mounds View's peak flow into the lift station is only 1,600 gpm. Consequently, the lift station has reserve capacity (2,800 gpm) well in excess of TCAAP's "modified caretaker" status peak flow rate of 1,000 gpm. The MWCC 24-inch gravity interceptor near 1-694 was also investigated as an alternative discharge location. However, it was learned that the MWCC has planned for years that TCAAP's wastewater flow should be conveyed to Lift Station L-35 for pumping to the 4-NS-523 gravity ~ in terceptor. Also, it was learned from MWCC staff that the reserve capacity of the 24-inch gravity interceptor was marginal to convey TCAAP's wastewater flow. City of Mounds View Facilities Research of Mounds View facilities revealed that the City has a 21-inch gravity line along County Road H that has adequate capacity to convey TCAAP's "modified caretaker" status peak flow rate of 1,000 gpm to.the MWCC's Lift Station L-35. Because only 3/4 ofa mile of gravity interceptor would be necessary to connect TCAAP's main lift station to the Mounds View 21-inch gravity line, this alternative was selected for implementation. City of Arden Hills Facilities . Research of Arden Hills' facilities identified an I8-inch gravity line that is tributary to the MWCC's 24-inch gravity interceptor. However, this alternative discharge location was rejected for the following reasons: 049.220J.feb S20-049-70 . Based on review. of the topographic maps, it was concluded that, with the exception of the area to the northwest of Rice Creek and the TCAAP gravel pit area (see attached exhibit), the remainder of the TCAAP area could be served by a gravity interceptor system that conveys wastewater to the MWCC's L-35 lift station. As previously mentioned, the MWCC has always planned to serve TCAAP by an interceptor to lift Station L-35. Consequently, suchan interceptor system is in conformance with MWCC's plans. The northwestern area shown on the attached sketch appears to be too low to be served by a gravity interceptor to Lift Station L-35. Some of this area is flood plain of Rice Creek and cannot be developed. The State of Minnesota also owns part of this area. Consequently, the amount of land available in the northwestern area for redevelopment is limited. The most cost-effective way to provide sanitary sewer service to this area is probably a small lift station to pump wastewater up into the gravity interceptor system. The other area that cannot be served by the gravity interceptor system is the gravel pit area of TCAAP. Because of all the material that has been removed, ground elevations are too low to pick up this area by gravity. A small lift station would be required to provide sanitary sewer service to this area. , For preliminary planning purposes, it was ass!lmed that 1,800 acres would b~ redevel~. ~>_, Further, it was assumed that 1,000 gallons of wastewater per day would be generated per acre of--"':- . land that is redeveloped. This resulted in an average daily wastewater flow of 1,800,000 gallons - (1.8 MGD). The MWCC utilizes flow variation factors to determine peak flow rates when - planning interceptor sewers. For an average daily flow of 1.8 MG, the flow variation factor is 2.9. Therefore, the predicted peak flow rate is 1.8 MGD x 2.9 = 5.22 MGD or 3,625 gallons per minute (gpm). The U.S. Army will be constructing a 1,000 gpm interceptor sewer from TCAAP's main lift station to the City of Mounds View's 21-inch line at the intersection of U.S. Highway 10 and County Road H. As determined above, a 3,625 gpm interceptor would be required if all of ~ TCAAP redevelops and all of the wastewater flow is routed to Lift Station L-35. The U.S. Army has indicated that they would be willing to construct the interceptor sewer with the additional capacity that the City of Arden Hills will ultimately need, provided that the City of Arden Hills pays for the over-sizing. This would be a very economical solution for the City because much of the cost of the interceptor would be paid for by the U.S. Army. If the City elects to implement this option, the interceptor should be over-sized from the westerly border of TCAAP to the intersection of U.S. Highway 10 and County Road H. . lNTRRCRPTOR OWNFRSHTP By Metropolitan Council definition, an interceptor sewer must serve at least 1,000 acres and must convey wastewater flow from more than one community if it is to be classified a Metropolitan . facility that can be owned and operated by the MWCC. MSA contacted a Metropolitan Council staff member for a determination as to whether the TCAAP interceptor fit this definition. The staff member indicated that, on a preliminary basis, the TCAAP interceptor met the requirements of a Metropolitan facility and could be acquired by the MWCC. 049-2203.feb S2()..{)49.70 -------------------- . . MWCC's long range plans call for Lift Station L-35 to convey TCAAP's wastewater flow. . Conveyance of TCAAP's wastewater flow in Arden Hills' IS-inch gravity interceptor would utilize much of its capacity with little reserve for future growth. . A gravity interceptor from TCAAP to the IS-inch gravity interceptor is not feasible. . The interceptor from TCAAP to Arden Hills would not be cost-effective. City of Sboreview Facilities Research of Shoreview's facilities did not identify any facilities large enough within a reasonable (cost-effective) distance from TCAAP's main lift station. CITRRFNT SITliA1'TON The design of the TCAAP interceptor has been completed. Currently, the U.S. Army is awaiting construction funding. It is anticipated that the 3,750 linear foot gravity interceptor will be constructed during the summer of 1994 and will be put into operation late in 1994. FIJTlTRF. SITlTATTON 1 Because TCAAP has been downgraded to "modified caretaker" status, it is reaso!1able to e~t ~,~ that the facility will be totally abandoned at 'some .point in the future. When TCAAP is.-;. -" . abandoned, the land that it occupies (2,400 acres) will become available for redevelopment. - Although most parties agree that the U.S. Army will ultimately abandon TCAAP ,no one will - speculate on when the property may be available for redevelopment. Currently, a groundwater remediation effort is underway. Although no one can be sure how long the remediation will take, it is speculated that the groundwater remediation effort may take another 40 to 50 years. The U.S. Army, in turn, may not abandon TCAAP until the groundwater remediation has been completed. If TCAAP is redeveloped, it most likely will be redeveloped in some combination of residential, '~ commercial, and industrial development. As mentioned above, TCAAP occupies approximately 2,400 acres. The National Wetlands Inventory Map shows much of the eastern end ofTCAAP to be wetland. Because of restrictions placed on wetland development by the 1991 National Wetlands Act, much of the eastern portion of TCAAP (approximately 600 acres) may not be developable. However, even if this area cannot be developed, approximately I,Soo acres of developable land would remain. Although redevelopment of TCAAP may still. be decades into the future, good planning dictates that some thought be given to providing sewer service for the area when it redevelops. To accomplish this, MSA, Consulting Engineers completed the following tasks: . Reviewed topographic maps provided by TCAAP officials. . Projected future wastewater flows. . . Completed preliminary interceptor sewer layouts. . Contacted representatives of the Metropolitan Waste Control Commission and Metropolitan Council. . Contacted TCAAP officials. 049-2203,feb 520-049-70 . Two alternative scenarios come to mind if the TCAAP interceptor is classed a Metropolitan facility that is eligible for MWCC ownership. These scenarios are outlined below. Scenario 1 . U.S. Army constructs over-sized interceptor. . City of Arden Hills funds the over-sizing. . Arden Hills assumes ownership of the new interceptor. . Arden Hills requests that the MWCC acquire the new interceptor. At the time the new interceptor is acquired, Arden Hills would be reimbursed for the City's investment in the new interceptor. The MWCC's policy on acquisition does not allow reimbursement for facilities constructed with federal funds. Consequently, the U.S. Army would not receive any reimbursement from the MWCC. There is a potential problem with this scenario, however. The Metropolitan Council and the MWCC are very systematic about interceptor sewer planning. They do not want to over-build interceptor sewers because of the extra cost of doing so. Although over-sizing the TCAAP interceptor to permit future redevelopment may represent good long tenn planning, the Metropolitan Council and MWCC may resist paying for the over-sizing because there ,is11o , - ,~ ,4;-v concrete time frame for the redevelopment of TCAAP. :(his issue should be pursued further Wlth.-.; --- . the Metropolitan Council and the MWCC before the City of Arden Hills decides to fund over- - sizing of the TCAAP interceptor. - Scenario 2 . U.S. Army constructs 1,000 gpm interceptor. . Arden Hills assumes ownership of the new interceptor. . Arden Hills requests that the MWCC acquire the new interceptor. ~ Under this scenario, the TCAAP interceptor would be sized to accommodate the peak wastewater flow rate (1,000 gpm) of TCAAP as it exists today. Should TCAAP be abandoned and redeveloped, the new interceptor could be used to provide sewer service to the redevelopment. At such time that the peak rate of flow from the redevelopment exceeds the capacity of the new interceptor (1,000 gpm), the interceptor would be replaced with a larger interceptor. Because it would be a Metropolitan facility, the MWCC should be obligated to construct the larger interceptor. . Advantages of this scenario include the following: . There would be no investment of Arden Hills funds. . In the event that TCAAP doesn't redevelop for many years, money won't have been . committed for over-sizing that is of no use to anyone. 049-2203.feb S20-049-70 ---- -- --------------- . . . . (;ON(;I.lJSIONS . The City of Arden Hills should carefully weigh the decision to become involved with the TCAAP interceptor or fund over-sizing it. If the MWCC acquires the interceptor as a Metropolitan facility, it appears as if Arden Hills will have the option .of using the interceptor to provide sewer service for the redevelopment of TCAAP. Should the interceptor eventually become too small, it should be the MWCC's responsibility to construct a larger facility. , ..- -~.... - '\.~ ~.F-_> - - - . - - ~ . . 049-2203.feb S20-049.70 - - .......:.:..~ . ..--...-..., I ~ ' ',-, - ,,:,;'" - -' ..~...~'-~......_._._..., ~ '1- ~~' . - . ,~'~~. "'--'-:./'5 ;;-0. - - \ - ..;. I........... ;--:0... r) I 'ta.aTnroc . \ _ - 'rot I _ : ;::I:l::..........:::-~ ! I . ...... FarK ~- i"" <:: .----", ' - :/ ~ . - ~ :........-...._:t'--/...;: --r\ /' -.. ",." ' " Tu."'\l.. L.U.. ~,,....,. " f .II"j -. ,. ....... I -I" 'J .,- 1'= '~ ., ,...--....-.... . '-". ',-, . . _:....~... -1 0 '~ - -r .~,.' _ ' . ,..-.- . _ '1-..,,,,-- _ .4Ct.J.E:,::J':fC'r ':-..:' -..J.." B91 =....:;. .~~.w:F.'J>:o-. ...... . -.../'" ii:t , ...::.....-- """', - "- "-, ~ ~ ~ '" ~ -:: " ': _"" .. a Qo~ ~ - .. ',' . ;'~'. ....: ~ . .~, . : 0 .v ._.._ q Jr~ I - -.' _. _ J.-, '="', '. -:. Sill All 'A,:-,,~TJ · - ~ r-J.J . _ ...,1 -:....; C-I MS EXHIBIT 1 PROPOSED TeMP CONDe EXCImRS INTERCEPTOR SEWER . I . \ Cv' v\~ POPHA~l H AI K C vI). ~ f fr 7/;r{ SCHN08R1CH a. KAYFMAN. I.TD. . u,s. O~"'ce:s SUITE 3300 lJ"Tt:.......,-:__.... 0::II':E5 o I"',,!!,," , Co\..o..oo 222 SOUT.... NINTM STREET t..e:.-'t:C Ge::.........' T..... 303-89.3- 1200 MINNEAPOLIS. MI...NESOTl\55402 TI~O II .g.)4 I "491 e"2~ ""'I...... "1,;.0"10.. TEL- 6 t 2-333-4800 s..j....-:.... ~ft.........,.. TaL. 305-530-0050 FA' 612,334-8888 1'(... Ot 1.91."'1:.2.2.353 W"SNIN-G'I"O"". O.C TEL. 202--8e2-8700 MEMORANDUM TO: Oak Grove Trust Members FROM: Gary P. Gengel, Common Counsel DATE: March 22, 1994 RE: Status Report - ." .. At most Superfund sites, when the remedy is complete the number of issues and time . required to manage the site decreases significantly. UnfortUnately, the Oak Grove Site is not following the usual pattern, and therefore there are a significant number of issues to report on. - 1. TRUSTEES' REPORT Pursuant to Section 5.04 of the Trust Agreement, enclosed as Exhibit A is a copy of the Trustees' Semi-Annual Report for the period ending December 31, 1993. In summary, during the reporting period there were no collections from Settlors, however, the Insilco stock was liquidated for a total value of $7,759.50. Disbursements during the period were r $1,536,683.84, with the bulk of the disbursements going to engineering and construction of the remedy. The market value of the Trust on December 31, 1993 was $2,904,694.00. Total receipts since formation of a Trust are $6,460,061.00, and total disbursements are $3,851,390.00. The investment management return for the 4th quarter of 1993 was 2.51%. which on an annualized basis represents a 10.53% return. II. MOTION TO ENTER CONSENT DECREE. After extended delay, the United States fmally flled the Motion to Enter the Consent Decree on March 10. 1994. Enclosed as Exhibit B is a copy of the United States' Memorandum in Support Of Motion To Enter Consent Decree which was lodged on September 29, 1993. On March 16, 1994, Common Counsel flled Oak Grove Sanitary . 35002040059 3/2VJ4 . Oak Grove Trust Members March 22, 1994 Page 2 Landfill Site Trust's Concurrence in United States' Motion To Enter Consent Decree which is attached as Exhibit C. The purpose of the Trusts' concurrence is both to emphasize to the Court that in addition to the Untied States, all settlors desire that the Consent Decree be entered, and in particular, to emphasize the standard of review for the Consent Decree and the comment of Christopher Dietzen. We have been in contact with Judge Doly's clerk, and are hopeful that the Consent Decree will be entered this week. Once the Consent Decree is entered, the Trust has 30 days in which to pay EP A $1,785.100 plus interest from the date of lodging. In addition, within 30 days of entry of the Decree. the Trust must pay the United States Fish and Wildlife Service $148.600 in settlement of the natural resource damage claim. Within 90 days of entry of the Consent Decree. the settling federal agencies must pay the Trust a total of $170.000. Within 30 days of entry of the Consent Decree. the municipalities are to pay the Trust a total of $6.204.58 as their contribution to the natural resource damage settlement. As soon as practicable after the Consent Decree is entered, Litigation Counsel will transfer to the Trust 2/3 of the funds recovered through Litigation Counsel's letter writing campaign. This will amount to approximately $1.6 million. Also, as soon as practicable~a1ter _; entry of the Consent Decree, pursuant to Section 4.08 of the Trust Agreement Litigation . Counsel will forward to all Trust members the contribution litigation plan. Pursuant to Section 4.08, Trust members will then have 30 days to direct that they be "removed" as a - party to the litigation. however, such parties shall not be entitled to share in any amounts recovered (only class A settlors can lose this right, as all other Trust members have assigned the cost recovery/contribution rights to the Trust in return for the class A settlors having the cost overrun risk) and shall bear their own defense costs, if any, in connection with the suit Since the suit will be brought in the name of the Trust, and not the members, any direction to be removed from the suit has no practical effect other than that parties who have removed themselves from the suit can say that they are not a participating party. ~ III. EPA COST RECOVERY SUIT. EPA's negotiations with the parties it has decided to pursue for its unreimbursed response costs are proceeding at a snail's pace. While most of these parties have indicated a desire to settle, they have been insisting upon a resolution which includes the Trust so that the parties can settle all liabilities for the Site. As a result, Common Counsel and Litigation Counsel met with EPA and DOJ on December 3D, 1993, to discuss settlement amounts and procedural mechanisms to implement a 3-way settlement Pursuant to EPA and DOl policy, the United States will not allow any additional parties to participate in the Consent Decree currently before Judge Doly. The United States has taken the position that any settlement with these parties will take the Conn of a separate response cost Consent Decree, which will . 350/22040059 3/22194 . Oak Grove Trust Members March 22. 1994 Page 3 only contain contribution protection for past costs. DOl has indicated that it will not provide these parties with a covenant not to sue for natural resource damages. The Trust will presumably have to covenant not to sue these new parties under the tenns of this Consent Decree. During the December 30 meeting, Litigation Counsel and Common Counsel also provided EPA with the bottom line dollar amounts the Trust insisted upon receiving from these parties in any 3-way settlement. EPA and 001 later detennined the amount they would demand from each of these parties. and on February 18. 1994 DOl sent letters to each of these parties which included a dollar demand for a global settlement. Enclosed as Exhibit D is a copy of one such demand. The dollar amounts, demanded were different for each party depending upon the contribution of waste volume and toxicity to the Site. whether the party had received a Unilateral Order. and whether the party qualified for financial hardship. The United States' discussions with these parties continues. but will end in early April. The United States believes that it will have to file suit against most. if not all. of these parties. , IV. EGAN F AMIL Y TRUST USE OF THE BORROW AREA. - - - .~. -- The Egan Family Trust owns a barn immediately north of the Oak Grove Site. and . owns the property to the east of the borrow area. The Egan Family Trust has indicated that it would like to start a cattle operation. but that it needs access between the barn and the eastern - parcel over the borrow area. The Egan Family Trust wants the Trust to pay for these improvements. After preliminary unfruitful discussions with the Trust. the Egan Family Trust sent the letter enclosed as Exhibit E to EP A requesting improvements to the borrow area. Enclosed as Ex.hibit F is the Trust's response. and Exhibit G is the Egan Family Trust response to the Trust's response. Finally. enclosed as Exhibit H is a copy of the Egan Family Trust's correspondence to U.S. EPA regarding its plans for access across the borrow area. In January. the Trust. EPA. and the Egan Family Trust had a conference call to discuss the Egan Family Trust's proposal to put an access road across the borrow area. EP A and the Trust offered no objections to the Egan Family Trust access road plans. provided that the proposed access road was properly engineered to not impact stonnwater runoff or the sedimentation basin in the borrow area. Both EP A and the Trust requested detailed engineering plans on the access road. but to date no such plans have been received. The Trust does not know whether the Egan Family Trust has decided not to proceed with its plans. or whether the plans are simply taking longer to develop, than had been anticipated. The Egan Family Trust has to date not followed through with its threat to sue the Trust . . 350122040059 3f22194 ~~--- -- ----------- ---- - --- - - ----- --- . Oak Grove Trust Members March 22. 1994 Page 4 V. TRUST INTERVENTION IN CONDEMNATION SUIT. Some years ago the Metropolitan Counsel placed a development moratorium on the Oak Grove Site, as well as on the parcel to the east owned by the Egan Family Trust. The development moratorium related to a Twin City metropolitan area wide search for new landfill sites. The Metropolitan Council. and the Egan Family Trust and Nonhwest Disposal (which had an operator interest in the property), were unable to agree on reasonable compensation for the moratorium. As a result, the Egan Family Trust and Nonhwest Disposal over time commenced two lawsuits against the Metropolitan Council seeking compensation for the moratorium. Both of these matters have now settled. and the Metropolitan Council has deposited a significant amount with the Anoka County Court. Pursuant to the Trust Agreement, the Egan Family Trust agreed to pay 50% of its share of future proceeds from the litigation, less attorneys fees and expenses, to the Trust. In the settlement between Nonhwest Disposal and the Trust, Nonhwest Disposal agreed that its time payment settlement would be accelerated upon settlement of the condemnation matters. , Litigation Counsel has been working with the Egan Family Trust and Nonhwest Disposal in order to get an accounting of the proceeds and expenses, so that the Co un may directly disburse the appropriate sum to the Trust .Unfortunately, Northwest Disposal and the _ . Egan Family Trust have been less than cooperative, and Litigation Counsel has been forced to file a Motion to Intervene. See Exhibit I. The Motion will be heard on March 24, 1994. - Since Litigation Counsel achieved the settlement with Northwest Disposal, and is entitled to 1/3 of the proceeds and needs to protect the Trust's interest in the condemnation proceeds to be paid over to Northwest Disposal, Litigation Counsel has graciously agreed to also protect the Trust's interest in the proceeds applicable to the Egan Family Trust without charging the Trust for these services. If, however, the proceeding becomes protracted, Litigation Counsel may seek the payment of some fees for his services relating to protecting the Trust's interest in the award to the Egan Family Trust ~ VI. FINAL CONTRACT AMOUNT DISPUTE WITH AMES CONSTRUCTION. The discussions with Ames Construction. Inc. ("Ames") concerning the final amount due for construction of the remedy at the Oak Grove Site are almost complete. Through numerous meetings and discussions, the final amount due (with the exception of whatever amount may relate to stonn damage) has been agreed to. In discussions with Ames, it became apparent that the principal cost item in dispute related to the size of the cap actually constructed. The Trust had, pursuant to the terms of the contract, calculated the amount due Ames based upon the "as constructed survey" provided by Ames. During negotiations several months after construction completion, Ames indicated that . 3S01Z20400S9 31Z2}}4 Oak Grove Trust Members . March 22. 1994 Page 5 this survey was incorrect. that the cap was larger than the survey indicated. and that therefore pursuant to the terms of the contract Ames deserved additional compensation. The Trust advised Ames that its survey had been submitted to EPA as part of the construction completion package. which EPA subsequently relied on in issuing the certificate of completion. and therefore if Ames incorrectly surveyed the Site it would be liable for any action EP A may take against the Trust for submitting inaccurate documentation. The Trust nevertheless indicated that if the actual area of the cap was larger. the Trust would pay Ames based upon the actual work completed pursuant to the terms of the contract Ames' surveyor subsequently submitted an updated survey which did indicate that the cap was larger than the original survey indicated. The Trust engineer. CDM. contirmed that the revised survey was accurate. Thereafter. the Trust notified EPA that the original "as constructed survey" was inaccurate. and submitted revised drawings. Not unexpectedly. EPA was very upset about this. but indicated that there would be no recommendation from suff to seek penalties (thank goodness we have a good working relationship with EPA). There still exists the slim possibility that if an outsider reviews the file. such as the EP A inspector general, some action may be taken against the Trust - ... After receiving the assurance from EPA staff that it would not seek penalties. the .~" .. . Trust prepared the document enclosed as Exhibit J for execution by Ames. Exhibit J has the affect of finalizing the amount due pursuant to the contract for the size of the cap. - Thereafter. the Trust took its final position on the other outstanding issues and prepared the document attached as Exhibit K for execution by Ames. Exhibit K has the affect of resolving the fmal amount due to Ames. except for the approximately $120.000 claim by Ames for costs related to the storm damage. The fmal amount due to Ames is therefore $2.864,863.91. plus any amount the Trust may agree to pay for storm damage. The Trust has already paid Ames approximately $2.5 million of this amount The total construction cost will therefore be within the amount budgeted. including a contingency. of $3.0 million. The Trust's original construction budget was $4.2 million. By competitively bidding the project during the early winter when contractors are anxious to line up work for the summer. the Trust was able to receive a very favorable bid of approximately $2.6 million. The Trust then spent much of this "savings" by entering into the Consent Decree and originally agreeing to pay $1 million of EPA's past costs. The $250.000 in construction costs beyond the bid relates almost exclusively to the lime sludge issue. which we were fortunate to be able to resolve in a cost effective manner. Overall. the construction project went very well. and COM. your Trustees. and Ames deserve credit for bringing this project in on time and within our budget . 3501220400593/22194 -------------- ----- ~- ------~ - - ------------ . Oak Grove Trust Members . March 22. 1994 Page 6 The Trust's lawyers will soon be meeting with Ames' lawyers in an attempt to resolve the stonn damage issue. and as previously reponed, since the Trustees and Common Counsel believe the Trust's arguments are strong we are hopeful that the issue can be resolved with minimal or no additional cost to the Trust If the stonn damage issue cannot be successfully negotiated. it appears likely that litigation or some fonn of AOR will ensue. VIl. MPCA ISSUES. As reported in my December 7, 1993 status report, MPCA was and is very interested in landfill gas. odors, and potential VOC emissions from the Site. Because in the view of the EP A Remedial Project Manager and the Trust landfill gas was a nonissue. and MPCA felt otherwise. MPCA went over the Remedial Project Manager's head and wrote directly to Jodi Traub at EP A to seek further gas study. Enclosed as Exhibit L is a copy of the Trust's response to MPCA's letter to Jodi Traub. The Trust's letter takes the position that there is no landfill gas issue at the Site and that MPCA's letter to Jodi Traub is factually inaccurate. Enclosed as Exhibit M is EPA's fonnal response to MPCA. which also takes the position that landfill gas is a flonissue at the Oak Grove Site. As of the date of these letters, the facts clearly supported the position taken by the Trust and EP A. - - -~ ,~ VIIl. HORIZONTAL MIGRATION OF LANDFILL GAS. . On February 17, 1994, landfill gas did became a bie issue at the Oak Grove Site. o. Thus far the landfill gas issue is related to horizontal migration. and support for concerns related to odors and VOC emissions have not materialized. As has previously been reported, the Trust installed two gas probes north of the Site and south of the Egan and Wells residences. During the regular monitoring round conducted on February 17, landfill gas was for the first time found in both of these probes. These results were immediately reponed to EP A and MPCA, and the Trust began daily monitoring of the probes as well as the basements of the nearby homes. MPCA immediately attempted to take advantage of this situation by - writing the Trust with a request to conduct sampling related to emissions rather than horizontal migration (see Exhibit N). The Trust responded with Exhibit 0, a letter to EP A indicating that MPCA is welcome to be on-Site, but that the Trust will not be paying for its costs associated with the proposed sampling activities. The Trust developed an immediate action plan in order to alleviate any explosion risk at the nearby residences. See Exhibit P. The plan calls for daily monitoring until continuous alarm monitors can be installed in the basements of the six nearby residences. and indicates that a plan will be developed to collect data to evaluate what, if any, steps are necessary to mitigate gas migration. The Trust also requested pennission from the owners of nearby residences to install active ventilation systems in their basements, in order to eliminate the 350/22040059 312~4 . ------------------- ----------- . . Oak Grove Trust Members March 22. 1994 Page 7 potential for an explosive condition. Unfortunately. only Margaret Wells accepted this offer even though the Trust offered to pay for the cost of installation and the increased energy costs associated with the system. Two continuous gas monitor alarms have been installed in each basement The alarms are set to sound if 25% of the explosive concentration of methane is detected. All of the residences as well as the fire department have been provided with an evacuation plan. The Trust has spent a significant amount of time evaluating the gas migration. In essence. while it is clear that the gas is migrating north from the landfill. it is not clear what preferred pathway(s) the gas is taking. Landfill gas cannot be analyzed like groundwater: landfill gas can move up. down. or sideways depending on the path of least resistance. The path of least resistance is dependent upon factors such as soil density, composition of waste, moisture, frost depth. water levels, barometric pressure. and other factors. In evaluating alternatives to addressing the horizontal migration. it quickly became apparent that given the sandy nature of the soils surrounding the Site. the gas which is currently moving horizontally' will quickly escape to the aunosphere when the ground thaws in the next two to four weeks. Given scheduling realities and the amount of time it would likely take to pull the gas out 9"f the soils under the frost layer, if it could be done at all, it was apparent that the Trust could .. not remediate the gas migration problem prior to mother nature taking care of the problem by . thawing the ground. Therefore, the Trust plan. enclosed as Exhibit Q. is to develop as much valuable data as possible while the ground is still frozen in order to be in a position to make - the most sound judgment for remedying the problem so it will not occur again next winter. Both active and passive approaches to the problem are under consideration. EP A and MPCA have approved this plan. Horizontal migration of landfill gas is a potentially significant financial issue for the Trust. The Trust members have always been concerned about having to construct an active gas system due to emission limitation exceedences from the gas vents, whether measured at the vents or the fence line. While this concern has not yet materialized. unfortunately some of the alternatives for remediating horizontal migration are very similar to the remedies the members had feared in the event the Site exceeded emission limitations. The cost of responding to the gas migration will be significant Alleviating the explosion risk to the homes and collecting data on potential alternatives to remediating the problem will cost approximately $150.000. The least expensive alternative to remediating the problem will likely be in the range of $200.000. Other alternatives cost significantly more. The Trustees and Common Counsel are acutely aware of the potential impact of this issue on the budget. and are working to minimize the cost of analysis and to fmd a low cost remedial approach with a high probability of success. , . 350/22040059 3/22194 ---------- ----------------- . . . . Oak Grove Trust Members March 22. 1994 Page 8 IX. ALTERNATIVES TO SUPERFUND BILL. Enclosed as Exhibit R is an article on the Oak Grove Site from the February. 1994 Minnesota Pollution Control Agency Minnesota Superfund Quarterly. The MPCA and the State legislature are using the Oak Grove Site as a "lightening rod" in an attempt to gather support for a proposal generally referred to as. " Alternatives to Superfund". Since the legislature is currently in session. the bill is being revised on almost a daily basis. and therefore I cannot provide you with specifics on the bill. I can advise you of the concept. however. The concept of the bill is that the State will take over responsibility for municipal landfills which were licensed by the State and which have now been closed. With respect to otherwise eligible landfills where the cleanup has already occurred. the bill proposes to reimburse the parties paying for the cleanup. less costs related to administrative and legal. actions required by the facility pennit. including characterization studies. closure. post closure care, and the acquisition of property. ? , It appears that this bill has a chance of passing the legislature this year. This is - obviously potentially very significant to the Trust If the bill passes the Trust has the - "" .~_r opportunity to receive significant dollars from the State as well as having the State take over . long tenn management of the Site (hopefully including landfill gas issues). in return for the Trust not bringing a contribution suit against non-settlors. Some Trust members are lobbying on this bill on their behalf. and some members of my finn are lobbying the bill on behalf of finn clients. Litigation Counsel is also closely monitoring the bill. I have only been involved in discussing the bill and the problems with it with these lobbyists. but no one is currently lobbying directly on behalf of the Trust I have asked the lobbyists in my fmn to advise me if it appears that the bill is getting close to becoming law and an effort directly on behalf of the Trust would be productive. If so advised, I will talk to the Trustees about whether the Trust should get involved in the debate, and if so, how. X. FINANCES. Enclosed as Exhibit S is a copy of correspondence from Litigation Counsel and a copy of the letter writing campaign account register. The letter writing campaign account has a balance of $2,412.923.89 as of March 14. 1994. The Oak Grove Trust will therefore receive approximately $1,608,000 of this amount shortly after entry of the Consent Decree. Enclosed as Exhibit T is a copy of Norwest Bank's Summary of Assets as of February 28. 1994, which shows a market value of $2.813,283.88. Overall. the Trust continues to remain within budget. but the Trustees and Common Counsel are concerned about the potential impact of the landfill gas issue on the budget The Trust budget has always been . 350/22040059 312~4 ---- -------------------- , ' . . Oak Grove Trust Members March 22, 1994 Page 9 tight The money the Trust "saved" by receiving a low construction bid from Ames has been "spent" by agreeing to pay a portion of EPA's past costs, for addressing the lime sludge issue, and on other unbudgeted issues which continue to arise at the Site. If we are successful in flIlding a low cost solution to the landfill gas issue, we may be able to stay within budget However, if the landfill gas issue defies easy or inexpensive resolution, the budget may be impacted. We are unable to quantify the potential impact at this time. Pleases call if you have any questions. I will continue to keep you apprised of developments. GPG -' - ~. . .. . 350/22040059 3fl2l94 ------------------ -- ---------- . . . ****MEMORAN~UM**** MARCH 28 1994 TO: MAYOR, CITY COUNCIL MEMBERS DOROTHY PERSON .. FROM: RICHARD RUZICKA ,PRESIDENT A.C.S.I RE: SECTION 5-73 DIVISION 6 : KENNEL REPORT 1994 . IM WRIGHTING IN RESPONSE TO A LETTER RECEIVED FROM THE (M.C.D.C) MINNESOTA COUNCIL OF DOG CLUB, REQUESTING YOU TO DELAY YOUR DECISION ON CHANGING ORDINANCE SECTION 5-78. THE CONCERNS (H.C.D.C) HAVE ARE :KENNE~ PERMIT PROCESS, ~~XIUM NUMBER LIMITS. IM REQUESTING AT THIS TIME THAT YOU DO NOT TABLE THIS ITEM. THIS ORDINANCE REQUEST IS VERY IMPORTANT TO THE COMMUNITY IT WILL PROVIDE A CONTROL OVER THE IRRESPONSIBLE BACKYARD DOG BREEDERS. THERE ARE NO SHOR~AGE OF BREEDERS IN THE STATE OF MINNESOTA AND ME':'RO AREA. ON SUNDAY 2/19/94 I COUNTED A?ROXMATELY 200 ADDS FOR PUPPIES THE AVERAGE AMOUNT FOR A PUPFY WAS 550.00 TO 51.DaO.OO.DOLLARS ANIHAL CONTROL SERVICES PROVIDES A VER:{ EFFECTIVE PROAC':'IVE ANIHAL CONTROL PROGRAH TO THE COMMUNITY OF ARDEN HILLS WHICH REDUCES COST, (THE CITY SHOULD HAVE THE RIGHT TO LIMIT THE NUMBER OF DOGS ALLOHED j . .. ANIHAL CONTROL SERVICE S UNDERSTANDS THE P?OBLEHS F.ll.CnlG RE SPO:lS IELE MULTIPLE DGG OWNERS TODAY. THERE ARE MANY DIFFERENT CLASSIFICATION OF DOG BREEDERS AND MULTIPLE PET OWNERS. . . THE DISCRIPTIONS LISTED ARE MY OPINION MULTIPLE COMPANIONSHIP PET OWNERS ALL THIER ANIMALS ARE SPAYED/NEUTERED NO BREEDING BEING DONE NO BUSINESS INTEREST AT ALL HOBBY BREEDER/FANCIER BREEDING ONE TYPE OF BREED ALONG WITH SELLING A LIMITED AMOUNT OF PUPPIES. PET COMPANIONSHIP ALSO THERE IS A LIMITED BUSINESS INTEREST ~ HOBBY BREEDER/EXHIBITOR BREEDING ONE OR TWO DIFFERENT BREEDS BREEDING TO SHOW AND ACHIEVE A BETTER STANDARDS WITH THAT BREED PET COMPANIONSHIP ALSO THERE IS A LIMITED BUSINESS INTEREST BUT MORE MONETARY AMOUNTS OBTAINED FOR THE SALE OF PUPPIES (SHOW QUALITY) . PROFESSIONAL BREEDERS THIS GROUP OF BREEDERS WOULD FALL UNDER ZONING REQUIREMENTS I HAVE ATTACHED A COpy OF AN ARTICLE PUBLISHED IN A MAGAZINE CALLED TERRIER TYPE FEBRUARY 1994, ISSUE WRITTEN BY A DR AL GROSSMAl: DISCRIBING HIS OPINION ON HOBBY BREEDERS.THE ITERESTING PART IN MY OPINION IS ON PAGE 2 SHOWING THE AVERAGE INCOME FOR A HOBBY BREEDER,I ALSO RECOGNIZE MANY BREEDERS DO NOT MAKE THAT AMOUNT. 1M REQUESTING THE COUNCIL MAKE AN EXCEPTION TO ALLOW FOR THE RES?ONSIS:E HOBBY DOG OWliER TO HAVE MORE THEN THE LIMIT OF OF ( 3 ) DOGS/BUT NOT TO EXCEED A MAXIUM OF (5) DOGS. THE HOBEY BREEDER WILL HAVE TO FOLLOW T~E S~~E KENHEL PERMIT PROCESS AS WRITTEN IN THE CITY ORDINANCE . . j Council of ~M 0 0 Council of Dog Clubs OQ Minnesota C) (1 . J I 'G~ , .'. ),; c: ~ ' ".', 0- , ,...;' UI March 22. 1994 Dear. Arden Hi LIs City Council Member; The Minnesota Council of Dog Clubs. Inc. (MCDC) writes this letter on behalf of the responSible dog owners of Arden Hills. We urge you not to pass the dog ordinance proposal that is on the city council agenda for March 28th. We propose that this matter be tabled at this time to allow for consideration of the model ordinance developed by MCDC which we will provide to you within the next month. The MCDC model ordinance accords fair and equitable treatment to those responsibie dog owners who are not the source of nuisance dog problems in any communi ty. . G -....~U-,~b(l'rt ~ ~ \ The model ordinance draws on the data from and the experiences of \)..<? ': ~O\r:'\; communi ties wi th successful animal control programs. Effective programs \ '0 ~v. - .#-L< target irresponsible dog owners who are the source of complaints and ~,~, nuisance problems and hold them accountable for their actions. Responsible \ ~? ~ pet owners and hobbyists are net penallzed by simplistic number limits that C~ ~t..-C- infringe on their rjght~ to enjoy the companionship of their dogs. Many of ~ these hobbyist serve the community ,yith their dogs as ambassadors to schools, nursing homes and community service agencies. Many of these dogs work in our communities as rescue dogs and canine service dogs aud their owners are active in the breeding and training programs that produce these . useful canine citizens. The puppi~s that are rained by hobby fanciers make the best pets as they hav~ been bred for good temperament and health and they are carefully placed in responsible pet-owning homes. These fanciers work closely with each puppy's new family to educate them regarding their responsibilities as good dog neighbors. In this way, hobby breeders make a positive contribution to the community. It is the behavior of irresponsible dog owners that causes problems in any community, not the number of dogs per family. We are aware of no -~ - legi tima te, se lenti fic studies linking the numbers of dogs per household with increased dog related problems in any community. Conscientious, knowledgeable dog owners can and do manage multiple dogs in their homes w1.thout causing any annoyance to their neighbors. Most fanciers keep multiple dogs to enable them to enjoy their chosen dog activities to the fullest and these responsible people should not be penalized by an artificial number limit which wIll not solve the problems created by the irresponsible owners of one or two dogs that allow their animals to roam and bark, defecate and destroy at will. We must work together to write fair and equitable dog laws based on accurate data that will penalize irresponsihle dog owners without Jim.lting the rights of those who value their dogs as ~ompanions and partners. . P.O. Box 1333 . Minnetokka, MN 55345 . 612-227-2639 , . . MCDC is working successfully with other communities in the metropolitan area. assisting them to write effective ordinances. We hope to be able to work with your community as well to determine the source of the problems you face and to find solutions that are fair, effectIve and economically sound. Representatives from MCDC and dog owners from Arden Hills will be attending your March 28th meeting to express our support for this position. Sincerely, Sherry Bakko : Secretary . . .