HomeMy WebLinkAboutCCP 06-16-1994
. REVISED AGENDA
ARDEN HILLS COUNCn. WORK SESSION MEETING
CITY BALL CONFERENCE ROOM
JUNE 16 1994,4:30 P.M.
4:30 PM 1. Call to order/roll call
2. Agenda adoption
4:30PM 3. a. Planning - NSP will appear to request antenna placement
b. Planning - McClung Development; request for temporary City financing of
infrastructure construction or assessment
c. Councilmember Probst - TCAAP; discuss commitment
d. Public Works Superintendent. Pavement Management update
e. Parks - Surplus Equipment Sale; update
f. City Administrator - Employee Insurance change options; discussion
g. City Accountant - Review of Piper Jaffi'ay Public Fund experience
h. City Accountant. Update; TIF fund anticipated changes
. 6:30PM 4. For Your Info:
.a. Exotic Animal -- request for ordinance change
b. DogCmbsocWrnmce--k~e1si~e
c. Floral Park parking
5. Staff issues
6. Council comments
8:00PM 7. Adjourn
8. Closed meeting - performance evaluation of Public Works Superintendent
The above times may vary depending upon the length discussion for each issue.
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. CITY OF ARDEN HILlS
~
DATE: J\me 8, 1994
TO: Dorothy Person, City l\dm:inistrator
FR.C:M: Brian Fits:i11ger, City P1anni11g Coordina@
SUl3oJECl' : NSP Antenna Request
Attached you will find the request fran NSP to place an anterma on the
Ferrn=:i Water TC1/Jer. Prior to suhnitting this to the Planning
Comnission, you and I had discussed the need for a review by the City
Council.
The applicant is proposing tw::> additions to the tower site:
1. An eleven (11) f=t anterma will be placed on the top of
the water tC1/Jer on the existing Cellular One rrounts. 'Ibis
placement w::>uld not require any welding or changes to the
. existing setup on the tC1/Jer itself.
2. within the existing Cellular One fence area, NSP Iol:lUld
locate it's radio transmitting station.
Staff has not discussed the specifics of any lease agreerrent with NSP.
NSP has indicated that they were l=king for a lease rate of
approxirrately $150. OO/rro. This rate is based upon those leases
currently entered with other cities for this type of anterma.
If the City Council Iol:lUld like to entertain this proposal, staff w::>uld
like to have some prel:iminaJ:y approval to pr=eed with this request.
A report w::>uld be prepared for review by the Planning O:mnission on
July 6. The applicant has indicated that be w::>uld be available to
attend the June 16, 1994 Council Work Session to discuss this request.
Please let me know baN' you wish to proceed and if the June 16 Work
session w::>uld be available for any discussions.
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JIJt-..- 6-"4 MON 1 4 : 1 1 P.02
Iff
. I\SP . Northern Slates Power Company
Newport Aree
Ms. Tammy Olson 3000 Maxwell Ave'nue
Newport, Minnesola 55055-1001
City of Arden Hills Telepllone (612) 459-5580
1450 West Highway 96
Arden Hills Minnesota, 55112 June 6, 1994
Dear Ms. Olson,
Per our discussion on Monday June 6, 1994, I have submitted via
fax the documents for the application for special use permission.
I have supplied several documents for the City of Arden Hills to
consider in this matter.
1- Land Development Application
2. Diagram of the site showing the side elevation and the
looking down depictions of the proposal
3. A diagram detailing the connections of the station, the
antenna line, and the antenna. Notes included on the diagram
refer to the penetration of the tank structure at the top through
. existing Cell One holes, the attachment of the antenna to
existing Cell One apparatus, and the attachment of the' antenna
line to existing Cell One cable tray mounts.
4. Diagram of the radio transmitting station. The station will
mount on a short treated pole within the confines of the Cell One
fence area. Cell One has recommended that we partition off the
fence area a little, giving NSP access to a small part of the
area. The overall perimeter of the fence area will not change.
s. Information as the specif~cations for the antenna itself.
6. Notes on the antenna clamp arrangement.
7. A diagram indicating how the system fits into the Metro Area
plan for the NSP Distribution Automation Radio Network.
I understand the need for filing fee's for this process. I was,
however unsure of how much and what fee's would be required for
this project. Our discussion today on getting in the paperwork
before the deadline and the City staff informing me later of the
fee requirements is appreciated. You can count on NSP's
commitment in making the proper payments to your office once they
have been determined.
I have had several discussion with Max Thompson of Cell One, and
have verbal agreement that NSP and Cell One can work together on
this matter.
.
1
JU~1- 6-94 MON 1 4 : 1 Z P.03
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Project Scope:
NSP has developed after several years of pilot projec~s a program
to cover the Twin city Metro Area with a system to control the
distribution electrical system. Our planning has led ~s to the
point that we need to install several of the first radio
transmitters in the Metro Area.
Our site that we are starting out with are:
NSP Rice St. Tower (825 Rice St., St. Paul)
Colonial Hills Water Tower, Burnsville
Bren Road Water Tower, Minnetokna
NSP Riverside Plant Minneapolis
A proposed Minneapolis Water Tank, South Minneapolis
The proposed Arden Hills Water Tank
There will be about 20 sites overall in the next 2 years that
will be placed into operation. Because of the cost and
complexity, we are slowly installing this new network.
. There will be many uses for this system. It will allow control
and monitoring of the electrical system by our operato~s in our
dispatch centers. Our energy control computers will be able to
monitor the operation and power flow of the network, and be able
to make quick decisions on many matters of outages, power
quality, and research of load factors. This will all lead to
better control and to electrical energy conservation by better
control and planning.
NSP understands the nature of the process in the city 9overnment.
Careful planning is a must to ensure proper use of the:governreent
and citizens property. To better facilitate this proce~s, NSP
would like to propose that once the City has completed the
process and (hopefully) given approval of the project" that NSP
be allowed to to a test of the system from the water tank before
the final contract is signed.
.
2
JUN- ~-~4 MON 14~1~ P.04
.
NSP proposes to install the system at the site in final form.
Then after a 30 to 60 day trial period, make for fina~ signatures
for the longer term contract. A short trial contract followed by
the longer term contract would suffice. It is possibl4 that one
contract would do it, with the 30 to 60 clause written into it.
This is all an open matter to us, and would be happy to discuss
it with City of Arden Hills staff, commissions, and council.
I look forward to working with the City. Please feel free to call
with any questions and comments.
Michael J. az
Northern states Power Company
3000 Maxwell Avenue
Newport Minnesota, 55055
. Office: 458-1291
Fax: 458-1294
. ardhil13.sit
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Ju.....- .s-'~4 MON 1'" : 1 :;; P_0~
.-=,:"- .- ~ - .
LAND DEVELOPMENT APPLICATION
. CITY OF ARDEN HILLS
1450 W. Highway 96, Arden Hills, Minnesota, 55112
633-5676
Date Filed: U, lJ - ~'i Receipt Number: Case Number:
Applicant: litO R.7H-c RIv SI'Pr7c:S {>Ow 1-=0- ~ CO. Phone Number: (01)..- 4S"J'-J)
Name (last) (first)
Address: ~cao fY\ A. Y. W t::I-L rvE1-v A:s rzT /VI. IN" IV 5J'OS"J
(street) (city) (state) (zip)
Fee Owner: rvol2-meiW S\:PrisS A::H,vl::-"IL. CO. Phone N)mber: <DJJ--I..fg J2.
Name (last) (first) c... f'\ \ Jo'e' .MA<'Ct~ 0
Address: '5000 !Y\A-'l-w\5t.L A-~ /1/E'iVftff M IV rJOJS-
(s treet) (city) (state) (zip)
Site Location - street address and legal description:
CITy Of ~Vj€rv ~LU w Pr-T'dL INv~
. (attacl1 additional sheet if necessary)
Project Name: Ar S P R Ar-f)1 0 MVT€rr rr ?r- !? ,Eblj <:C T
TYPE OF REQUEST APPLICATION FEE"
A. Site Plan Review (S2OO.00)
B. Rezoning/Comprehensive Plan Amendment (S25O.00)
C. Special Use Permit or Amended SUP ($200.00)
D. Variance _Zoning _Sign Ordinance (Sloo.00)
E. Planned Unit Development (PUO) ($250.00)
F. Zoning Ordinance Amendment ($200.00)
--
G. Sign Permit ($ 50.00)
H. Preliminary H. Plat ($250.00 + $20.00 per lot)
I. Final Plat - - - - - -- ------- - -------- -- --'- --___ __
J. Minor Subdivision/Lot Split or Consolidation ($150.00)
K Landscape Pian (Included in Site Plan Review) ( - )
L. Park Dedication Ordinance (Included in Platting) ( - )
M. Vacation of Easement ($10(lOO)
. "Applicants are responsible for reimbursement of consultant fees associated with filing, reviewing
and processing of this application. Such fees are to be paid upon receipt of statement from the
City of Arden Hills. Fees include costs for consultants retained by the City and include the
planner, attorney and engineer. Payment of park dedication fees, established by City Ordinance
are, required with certain procedures.
/."I
JUN- 6-94 MQN 14:14 P.06
. Description of Request jr;:Gvesr peR/Yr. /JSMfI/ ANO (orv-rRACT
PdK.. rITe 1-6'17::16: RIt- /l1C(JtV~ klO .(jpe12!1-TftY4' ~o rnvtJr
Present Use of Property C rT4: W A-TcQ ---rP".rVV ~ W I T1+ c: Y.! Iil!ll~
ANi E:tYrf Pr \ DO (1- fJl ~/C.) A(YrJ TkWYj 1\111 T7ltK eti-vrlll18V1 0.:-
CERTIFICATION: C.e U O/VG C E'LLl/CA.e...
The applicant or undersigned representative of the Applicant hereby certifies that he/she has read
and understands all applicable requirements of the City Zoning Code, aplicatiorl fee and other
applicable City Ordinances, and that all statements in this request and on the a~ached materials
are true.
Applicant Signature: ~J /'w. JJ ~ . L .1.2 'J- Date: S'- ! J>- 97"
;rv
Property Owner Signature: Date:
Received By: Date:
PROCEDURAL FOAMS REQUIRED:
. A. Site Plan Review
B. Rezoning/Comprehensive Plan Amendment
C. Special Use Permit or Amended SUP
D. Variance - Zoning - Sign Ordinance
E. Planned Unit Development (PUD)
F. Zoning Ordinance Amendment
G. Sign Permit
H. Preliminary H. Plat
I. Final Plat
J. Minor Subdivision/Lot Split or Consolidation
K Landscape Plan (Included in Site Plan Review)
L. Park Dedication Ordinance (Included in Platting)
M. Vacation of Easement
A completed application form together with the required Application Fee and seven (7) full size
copies and one (1) copy reduced to 8 1/2' x 11" of all required submittal information shall
,
typically be submitted to the Zoning Administrator before 4:30 p.m. on the first Monday of the
month preceeding the Planning Meeting date. The Commission meets the first Wednesday of
ev.ery month, however, the meeting date may change due to Holidays. The follo'wing is the
schedule for submission of application and notice of meeting dates:
Submit Application and Materials by:
. For Planning Meeting held Wednesday:
Considered at Council Meeting Held:
The Planning Commission and Council meetings are held at 7:30 p.m., in the Council Chambers
at New Brighton City Hall, 803 - 5th Avenue NW.
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. CI'IY OF ARDEN HILI.9
MEMJRANDlIol:
DATE: J'une 10, 1994
TO: Dorothy Person. City ,llt'lmini '"tzator
FRCM: Brian Fritsinger. City p,......irg Coordina~
StlBJECT : Assessment Policy
Earlier this week I had discussed with you the City's p:>licy in
regards to New D=veloprents. At that tirre you explained that the
irrprovernents would need to l::e constructed by the developer to the
City's specifications.
In reviewing the Arden Hills Assessrrent Manual it details new
developments on the attached section. As you can see this indicates
that the City will do the inproverrents subject to a developrent
contract l::eing executed.
. Mr. McClung will l::e requesting direction on this issue /Ibnday. Can
you please clarify for rre, which approach is correct?
.
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I III. ASSESSMENT POLICY FOR NEW DEVELOPMENTS
The assessment policy for anyone who wishes to make public improvements
. within the City of Arden Hills as part of a proposed development shall
. conform to the policies established herein and as modified below.
. Prior to any action on the part of the City to determine the
. feasibility of providing public improvements, the developer shall
deposit such amount as determined by the City Administrator to
.. adequately reimburse the City for all engineering, legal and planning,
and other consultant fees for work performed in regard to such
.. improvements.
.. In addition, the developer shall be required prior to the City ordering
- the installation of any City financed improvements. to enter into a
Development Contract. insuring compliance with the policies set out
. herein and all subdivision requirements of the City. The developer
Ii shall also be required to post all cash deposits, and/or letters of
credit prior to such action by the City Council. In all projects which
Ii the City constructs and finances the project, the following security
. provisions shall apply:
1. For single family, two family or townhouse residential
. developments. the developer shall deposit with the City a cash
escrow or an irrevocable letter of credit of not less than 125% of
iii the estimated project cost as determined by the City Engineer. If
iii the estimated project cost as determined after receipt of bids for
t
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, construction exceeqs the Engineer's estimate oy 10% or more, the
deposit shall Of: increased proportionately. The total project
" costs shall De assessed in equal annual installments according to
" the assessment period.
,- 2. In the case where the improvements benefit not only the property
being developed but other areas within the City, the developer
- shall provide to the City a security deposit in accordance with
~ paragraphs described aoove for the portion of the estimated
project costs which represent the benefit to the proposed
~ development. Such portion shall be assessed against the
properties benefited.
a) For all other types of development. the developer shall
deposit with the City a cash escrow or irrevocable letter of
credit of not less than 125% of the estimated project cost as
determined by the City Engineer. If the estimated project
cost as determined after receipt of bids for construction
exceeds the Engineer's estimate by 10% or more. the deposit
shall be increased proportionately. The total project costs
shall be assessed in equal annual installments according to
the assessment period.
bJ The securi ty deposit shall be irrevocable for the full term
of any assessments for which given. The agreement shall be
so conditioned as to guarantee payment of the assessments as
due or to pay for the cost of all improvements which the
developer agreed to install.
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c) The required security deposit may consist of a cash escrow
deposit or irrevocable letter of credit. in form acceptable
to the City Attorney and with firms authorized to do business
in the State of Minnesota.
.
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~ S1')"~""r &.
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525 Park Street
Suite 211
SI. Paul, MN 55103
[> 612-293-3911
Fax 612-293-0373
14 June 1994
Dear Parties Interested in the Development of the Twin Cities Army Arsenal Plant:
Thank you for the opportunity to bid on managing the TeAAP project
As you all are well aware, this is an enormously complex matter, involving many layers of
government Upon reviewing the file, we believe you have two needs.
. First, if the Army is stalling, you probably need a federal lobbyist who specializes in the
transfer of military property. You may not need this person if there is a staffer in either
Congressman Vento's or Senator We11stone's Washington offices who is capable of
facilitating the federal actions needed. It is difficult to tell from the file exactly where
TCAAP currently is in the federal process.
Second, you need someone who knows how to work within both the administrative and
legislative branches of Minnesota state government
We believe Spano & Janecek could function as a shepherd and advocate for the project
Specifically, our firm could provide the following:
1. Develop a consensus among all stakeholders: the National Guard, the local units
of government, the state units of government and citizen and environmentalist
groups;
2. Educate and prepare Congressional representatives-and staff to facilitate
the necessary federal actions;
3. Coordinate the work of the various state agencies and local units of government;
4. Prod the various state agencies and local units of government to complete
. the necessary work;
Government Relations in Minnesota
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TCAAP Letter
. 14 June 1994
Page two
5. Generate creative funding strategies and sources;
6. Educate and prepare the key legislators and administration officials to sponsor
the appropriate legislation; and,
7. Pass the legislation.
It was helpful to us in preparing a TeAAP bid to roughly outline the work that needs to be
done. That outline, along with some questions that came to mind, is attached. Included in
this outline are some of our initial thoughts about finding funding sources.
Should you hire us, we would ask for a monthly fee of $3,170 (an annual fee of $38,040)
plus expenses. Depending on the speed of the federal government, the Minnesota legislative
work would likely take at least two years.. While the necessary federal actions are still
pending, we can lay much of the gronndwork at the state and local levels.
. We would envision that Sarah would be the point person on the project from Spano &
Janecek. Certainly Wy would be integrally involved. We both pride ourselves on our
ability to work on both sides of the political fence. Thus any changes in the coming election
would not present any probIems.
The enormity and complexity of this project make it an exciting one for us to work on. We
hope you hire us.
Sincerely,
:!~ ~~
Enclosure
. m\adm\tcaap.064
. PRELIMINARY OUTLINE:
STEPS THAT HAVE TO HAPPEN AND WORK TO BE DONE
ON TCAAP
THE FEDERAL PIECE
1. Armv decides Drooertv is "excess".
A. Report of Availability Process: local governmental unit participation still
pending?
B. Can Army decide portions of the property are excess?
C. Current status of this decision?
2. Other federal al!encies may bid for land.
Any besides National Gnard known to be interested?
. 3. Armv must clean UD site before leasinl! or sellinl!.
A. WHAT IS THE STATUS OF THE CLEAN.UP?
B. Can the Army clean up parts of the property that we can
proceed on before the entire clean-up is complete?
4. Both the U.S. E.P.A. and the Minnesota Pollution Control Al!encv
must concur with the clean-uD and the transfer.
What is the extent of MPCA's involvement to date?
5. IC no federal agencies are interested in the Drooertv. then the Drooertv is offered
to state agencies who then may offer it local units of I!overnment.
A. WHICH AGENCIES AND PEOPLE MAKE THESE DECISIONS?
B. What is the status of the current leases, permits, and easements pending
on the land? Do they "run with the land?" Can they be bought off?
Are any of them incompatible with our desired uses of the property?
. I
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THE STATE PIECE
1. Consensus among stakeholders about land use.
A. Helpful to have all interested parties singing from the same songbook:
Ramsey County (Ramsey County Libraries, Ramsey County Sheriff's
Department, Ramsey County Parks Department and Ramsey Soil and
Water Conservation District)
Arden Hills
Shoreview
New Brighton
Roseville
Other Ramsey County suburbs
St Paul Port Authority
Army National Guard
DNR
MnDOT
MPCA
. Mounds View School District
Environmentalists (Audubon Society and others, possible
to neutralize any current opposition?)
Others?
B. Public input and official actions from local units of government needed.
2. "Sell" Congressional reDresentatives on the Dlan.
A. Determine if one of our representatives can handle the federal work, or
B. Hire a Washington firm who specializes in projects of this type.
3. Coordinate the state agencies and local units of government
A. Find the right people in each .agency and unit
B. Make sure the right hand knows what the left hand is doing.
4. Prod the agencies and local units of government.
. 2
. It's no secret bureaucracies sometimes need a little nudging to
get things done.
5. Generate creative funding sources and strategies.
A Department of Trade & Economic Development.
It may possible to get an outright appropriation from the state
next year if we can frame TCAAP in terms of statewide benefits.
B. The State's bonding bill.
The Legislature passes a major bonding bill in the even years.
Parts of TCAAP would make excellent bonding bill candidates.
Example: DNR Commissioner Rod Sando has always wanted
a biathlon facility (shooting and cross country skiing). He
has expressed an interest in TCAAP for this purpose. Surrounding
roads could be part of the package.
C. St. Paul Port Authority.
D. Housing and redevelopment authorities from the surrounding suburbs.
. E. Minnesota Department of Transportation.
As part of their annual road construction or as special projects in the
bonding bill.
P. Legislative Commission on Minnesota Resources (LCMR).
Lots of Minnesota lottery dollars Bow through LCMR for
environmental projects.
G. Federal grants?
H. Mounds View School District?
I. Others?
6. Educate and DreDare the key legislation and administration officials to
snonsor the aDDronriate legislation.
A. Determine an overall legislative strategy.
. 3
.
B. Identify, secure and educate bill authors.
. C. Work with committee chairs to chart the most desirable course
through the legislative process and schedule the necessary hearings.
D. Meet with key administration officials including the Governor, the Attorney
General, the Deparbnent Commissioners and their staff to garner support
or thwart opposition.
E. Draft the legislation, amendments, committee questions, floor speeches and
background materials.
7. Pass the legislation
A Discern and nullify any opposition.
B. Identify and orchestrate legislative coalitions.
C. Help organize any necessary grassroots lobbying efforts.
.
. 4
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CI'lY OF 1lROllN HILLS
.
MEM>RANDllM
DATE: May 18, 1994
'1'0: Dorothy Person, City Administrator
FRCM: Dan Winkel, Public N:>rks Superintend~t f'J.v",l
SUB.JE::T : Update locaJ. County and State projects ..,.,h...'1111ed to be
completed in 1994.
Listed below are projects scheduled by either Ramsey County or
Mn D.O. T. to be catpleted this year in Arden Hills.
The County Road E bridge over Snelling Avenue is scheduled to have a
resurfacing project done. Traffic will be confined to one lane during
the project. The job will start in mid to late July and take
approximately six weeks to cCXlplete. This is a Mn D.O.T. project.
. Ramsey County will be reconstructing the intersectiort of County Rd D
and Cleveland Avenue over to 35W. A date for this project has not yet
been established. Arden Hills' share of the cost has not yet been
determined. Ramsey County estirrated Arden Hills cost to be
approxirrately $4,00 to $5,00.
Lexington Avenue frcm Larpenteur to County Road E is scheduled to have
signal and overlay 'I.Ork catpleted. Ramsey County is responsible for
this proj ect . Arden Hills has no costs.
County Road F frcm Old Snelling to 3rd Street in New Brighton is
scheduled for a cold-in-place recycling project. Arden Hills is
continuing to discuss a turnback of this road frcm the County to the
City. The roadway needs to be reconstJ:ucted and the County is in the
pr=ess of calculating its share of the reconstruction project. New
Brighton has told the County that they are al~ interested in a
turnback of this road and 'I.Ould like to reconstruct at the sane time
as Arden Hills.
Stowe Avenue was on the County non-prograrrrced list for this year.
However, due to the fact that ll\3I1Y turnbacks are being negotiated with
the County, Stowe Avenue has rroved onto the prograrrrred list for a
. cold-in-place recycling project. Apparently, Stowe Avenue residents
,
. County/State Projects Page 2 05/18/94
have already been informed by the County that the road could be
recycled this year. A meeting will be scheduled with New Brighton and
an Arden Hills representative to discuss the tunJback and P='SSible
reccrlStJ:uction of Stowe Avenue.
State Highway 96 was scheduled to have a cold-in-place recycling
proj ect calpleted this year. The State and County apparently has
agreed to teJ:TllS of a tunJback of Highway 96 to the OJunty. The
recycling project will be postponed in favor of a future reconstruct
by the County. The County is =-rently looking at finance options for
the reconstruction.
r::w: to
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.. CITY OF ARDEN HILLS
MEMORANDUM
DATE: June 14, 1994
TO: Dorothy Person, City Administrator
FROM: Cindy Severtson, Parks and Recreation DirectoO
SUBJECT: Equipment Surplus Sale
Attached is a copy of the Park Maintenance and Public Works equipment for the Surplus Sale.
After discussing this with Dan and Terry, it may be to the City's benefit to have the sale on a
Saturday morning. The Saturday that seems to be the fIrst logical possibility is Saturday, July 9,
from 9:00 am-II :OOam. Please confirm with the Council that they want the S - 10 and Water
Van in the sale.
I will advertise in the Focus and Bulletin the week of June 27 and July 4th. The advertisements
will be sent on Friday morning, June 17.
.
cc/Dan Winkel
.
.
.. SURPLUS EQUIPMENT
PUBLIC WORI(S
ITEM MINIMUM BID
1. Royfax Bond Copy Machine $40-$50
2. Homelite - Cut off saw $25
3. 1991 S-10 Pick - up $7500
4. I.B.M. Computer
5. Amdek Computer Monitor
6. 1990 Chevrolet Cut-away chassis with body $13500
. 7. (1) Typewriter Stand
8. Copy Machine Stand/Storage Cabinet
9. Misc. Light bars from police vehicles
PARK/MAINTENANCE
EQUIPMENT SERIAL #
1. 2 Weed Eater (gas) 60922689
60919783
2. Whizz Witch (gas) 0019484
3. Fischer New York piano
4. Toro 3 Wheel Work Master model 08326
with Ball Field drag " 08867-4001
and Sprayer Attachment 16ft Swath and Hand Gun Control
.
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. S. Taro ConunerciallVSOOz lawn MO\'Vel'
6. B\Dlton Side Walk Edger
7. Jacobson Heavy Duty 2 Stage Snow.BIowa-
8. 4 HP. Jari Mower
9. Green Machine BIO\'Vel'
10. Line Sprayer
.
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JUN-1C!-l='S'-, 0'3:07 F?tJ~l COHEPT', ;our'ISlE SUTlEP TO ge,337835 r=,Q20J.
.
2800 Minnesota \'Vorld Tradt;' C~nter
30 E<\st Sevll:'nth Street
. Saint I'~ut, Minnesota 5~101-4999 Direct Dial: (612) 291-9421
June 10, 1994 BY TELECO~Y & U.S. MAIL
Ms. Dorothy Person
Arden Hills City Administrator
1450 West Hwy. 96
Arden Hills, MN 55112
Re: Arden Hills Ordinance On Exotic Animals
Dear Ms. Person:
I spoke with you last week regarding the possibility of
implementing a variance procedure for the restrictions against
"exotic animals" in Arden Hills. As I explained on Friday, I am
currently shopping for a home and a long-time resident of Arden
Hills has spoken very highly of the Arden Hills community. I have
. found a home in Arden Hills that I am very interested in, however,
I have a very special pet monkey who I have had for ten years. Due
to the expansive language of the exotic animal ordinance, I would
have to eliminate any possibility of making Arden Hills my home.
Although the stated purpose of the ordinance is to provide for
the health and safety of the community, the ordinance appears more
expansive than it need be in order to meet the stated purpose. It
does not appear to be reasonably tailored to meet the goal of
health and safety. For example, my monkey, Casey, weighs
approximately 4 1/2 lbs. and is smaller than many house cats. She
is in good health and does not present a danger of transmitting
diseases to people or other pets. Further, she doesn't bark or
howl from a fence when in heat at night. She presents no more risk
to health or safety than a small dog or cat. However, by the Arden
Hills ordinance, she is classified with apes, gorillas, bears and
badgers. Of course, there are some larger species of monkeys.
casey, however, is fully grown and if she could speak would
probably be offended to be put in the same class with apes,
gorillas, bears and badgers.
I fully appreciate the legitimate concern of Arden Hills for
health and safety. In fact, the quality of the community is one of
the features that appeals to me. I do not want dangerous animals
running around my neighborhood either. However, the ordinance as
. it currently stands, fails to recognize that there are some
instances whereby an "exotic animal" presents less threat to others
than a common dog or cat. Consequently, I request that the city
JUt,-10-1994 09: 08 F"RO~1 DOHEPT'( RUMBLE BUTLER TO '~~,33';':33'~ R. 0304
280() MinllesolCl World Trad\;.' Centt!r
30 East S~v~nth Str,,",:e
. Suint Paul. Minnesota 551O!4999
June 10, 1994
Page 2
consider a variance procedure whereby the city maintains the
authority to prevent pets that present health and safety issues but
provides discretion to allow pets that do not present health or
safety problems. Such a variance procedure would allow a case-by-
case review of these special circumstances and would provide a
reasonable accommodation of interests on all sides.
I have enclosed a draft of proposed language for the variance
procedure which should address the primary concerns of the city.
As we discussed on Friday, I would like the opportunity for
this issue to be raised at the next meeting on June 13, 1994.
Please call after you have a chance to review my proposal. I will
be glad to discuss any possible changes or additions you, or anyone
else from the city, would recommend. As I noted Friday, time is of
the essence. I would like to submit a purchase agreement on the
prospective house as soon as:' possible. Thank you for your
consideration.
. ,-
Sincerely,
DOHERTY, RUMBLE
P FESSIONAL
Ene.
stP/oIr:lS43<<l
.
JUrl-1O-1994 09:08 F"Ron r'JHERT', RUMELE BUTLEP TI1 '='t:.::::783'? R.O-l.04
-" ..
. PROPOSED VARIANCE
The commission shall have the authority to grant
variances from the strict application of this chapter for pets
included within the definition of "exotic animal" for animals under
15 pounds who are domestically bred if the following conditions are
met:
(1) The applicant presents a description of the real
property upon which it is desired to keep the
animal;
(2) The applicant submits a description of the species
of animal, size and the number to be kept on the
premises;
. (3) The applicant presents a statement that he/she will
keep the animal in accordance with all conditions
provided for pets otherwise allowed by ordinance;
(4) The applicant provides proof that the animal is in
good health, current on all vaccinations and
presents no danger of transmitting disease to
people or other animals;
(5) The applicant shall pay a fee of $25.00 for the
variance requested. The term of the variance shall
be for one year from the date of issuance and shall
be renewable from year to year; provided however,
that upon violation of any of the conditions of the
variance, the applicant may be required to provide
adequate proof of compliance with the health and
safety requirements of this ordinance;
(6) The applicant ahall maintain the animal and
premises in such a manner as to prevent unsanitary
conditions, unreasonable noise or odors or
annoyance and to protect the public health and
safety;
(7) Und.er no circumstances shall any person keep an
. animal, bird, or other living thing in such a
manner as to constitute a nuisance.
~
. CITY OF ARDEN HILI8
MEM:IU\NlU(
DATE: June 10, 1994
TO: Do=thy Person, City Administrator
FRCM: Brian Fritsinger, City Planning Coordina.~
SUBJECT: Animal: Pet Qrdi""TV"'i!
Attached you will find a copy of the M:del D::g Ordinance as prepared
by the MN Council of D::g Clubs, Inc. You rra.y recall that the City
O:Juncil reviewed and approved revisions to this Ordinance on March 28,
1994.
The City O:Juncil approved a rrotion adopting the recc:rnrendations made
by staff except the section relating to kennels. I have fon.>arded a
copy to Rick Ruzicka for his ccmnents. Specifically, I have asked
Rick to address the number of dcgs in a Hol:by Kennel and the age of
. the dog-s.
I will also be reviewing this document and will prepare a formal
reccmrendation in the near future. If you have any questions about
this ordinance, please let me know.
.
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June 7, 1994
Dear Arden Hills Council Member,
The Minnesota Council of Dog Clubs, Inc. thanks you for the
opportunity to contribute to the revision of the Arden Hills animal
control ordinance. The enclosed MCDC Model Dog Ordinance Guideline
contains a section dealing with kennel permits which you requested
from our representatives at your April meeting. While we understand
that your ordinance has already been enacted with the exception of
the kennel permit section, we hope that you will review the other
provisions of the guideline to see if the simplified language might
not be an advantage for your community. These guidelines are a
composite of the most effective provisions of the many ordinances that
we have reviewed from communities across the country and the'
recommendations of animal control officers and so represent the
expertise of many professionals in the field.
. Dr. Jerry Vanek DVM, is sending you the MCDC Model Rabies Ordinance
Guideline which has been reviewed and approved by the Minnesota State
Board of Health and the Minnesota Veterinary Medical Association.
Since the control of rabies is an important consideration related to
animal control legislation, we have separated it from the animal
control ordinance guideline to give communities an opportunity to
enact an ordinance that represents the most current protocols for
control of this disease which affects many species of animals and
needs special consideration in the interests of public health
management. Dr. Vanek will attend your meeting which addresses the
model ordinance recommendations and will be happy to answer any
questions you may have.
Please advise our president, Sherri Bakko at 227-2639 of the date and
time of the meeting that will consider these items. ltle appreciate
the opportunity to contribute to a successful program in your
community.
Sincerely, ,
lJ[1....~ 'i-- ,
~'- L 1., l \~
Karen Elvin
Corresponding Secretary
.
. MINNESOTA COUNCIL OF DOG CLUBS
.MODEL CITY DOG ORDINANCE GUIDLIHES
I. DEFINITIONS
A. OWNER: Any person, firm or corporation owning, harboring or
keeping a dog.
B. DOG: Any animal wholly or in part of the species Canis familiaris.
C. AT LARGE: A dog is at large when it is off the property of it's
owner and not under immediate control of an authorized, competent
person.
D. NUISANCE: Any animal which 1) is repeatedly at large; 2) attacks
other animals; 3) damages property other than its owner's;
4) repeatedly defecates on property other than its owner's;
5) without provocation frequently and habitually howls. yelps, or
barks for an uninterrupted period of 15 minutes.
E. RESTRAINT: A dog is under restraint within the meaning of this
ordinance if it is controlled by a leash or by a competent person
and is immediately obedient to that person's command or is within
a vehicle being driven or parked on the streets or on the property
of its owner.
F. RECREATIONAL/HOBBY KENNEL: The term recreational hobby kennel means
. a place where more than three dogs over 4 months of age are kept on
premises which is zoned for residential purposes, and where the
keeping, breeding and selling of such dogs is incidental to the
occupancy of the premises for residential purposes, and is not the
primary source of income.
G. COMMERCIAL KENNEL: Any person, firm, partnership corporation or
association that keeps animals for direct or indirect sale to the
public, who in the ordinary course of business engages in the sale of
more than 30 dogs per year.
H. ANIMAL POUND/SHELTER: A non-profit facility operated for the
purpose of maintaining impounded stray, homeless, abandoned, or
unwanted dogs, cats, and other animals.
I. ANIMAL CONTROL OFFICER: Any person employed or
contracted by a municipality or other government
agency, for the purpose of aiding in the enforce-
ment of this ordinance or any other law or
ordinance relating to the licensing, welfare, and
control of dogs.
.
.
..
II. LICENSING
A. TYPES OF LICENSES
There shall be three types of licenses issued: Individual dog,
Recreational/Hobby Kennel, and Commercial Kennel. No person shall
operate a kennel without first obtaining the applicable kennel license
as herein provided. All kennel licenses shall be issued for one year.
1. INDIVIDUAL DOG LICENSE: Written application shall include
the name and address of the owner and the predominant breed,
color, birth date and sex of each dog. As a condition for the
issuance of said license, the owner shall submit a current rabies
certificate and tag, in accordance with the rabies ordinance.
The rabies vaccination status must be current for the period
of the license. Every owner is required to keep a valid license
tag securely fastened to the dog's collar or harness.
2. RECREATIONAL/HOBBY KENNEL LICENSE: Any person desiring a
recreational/hobby kennel license shall make written application
therefore to tbe city administrator upon a form prescribed by
and containing such information as required by the city
administrator. As a condition for the issuance of said license,
. the owner shall submit a current rabies certificate and tag in
accordance with the rabies ordinance. For each dog in the kennel
the rabies vaccination status must be current for the period of
the license. Every owner is required to keep a valid license tag
securely fastened to the dog's collar or barness. The application
shall contain the following information:
a. A description of the real estate property upon which the
animals will be kept. Outside kennels must be constructed
of suitable material to maintain and secure the keeping
of particular breeds of dogs and to allow for sufficient
space for the dogs to exercise freely. All surfaces must
be constructed of material to provide for proper cleaning,
drainage, maintenance and needs of the dogs.
b. The number of animals over the age of four months to be
maintained on the premises.
c. A statement that the applicant will kee? the animals in
accordance with the conditions prescribed by the city health
office and/or animal control officer, or a modification thereof,
and that failure to maintain such conditions will constitute a
violation of the provision of this chapter and grounds for
cancellation of the permit.
d. Such other and further information as may be required by tbe
city health officer and/or animal control officer.
. e. The applicant for any permit shall provide with the
application the written consent of seventy five percent (75%)
of tbe single family dwellings within one bundred fifty (150)
feet of the outer boundaries of the premises for which the
per~t is being requested or, proof that adjacent
property lines are one hundred fifty (150) feet or more from
the applicant'S home. Where a street separates the
.
.
premises for which the permit is being requested from other
neighboring property, no consent is required from the owners
or occupants of property located on the opposite side of the
street.
f. The city health officer and/or animal control officer
shall make such investigation as is necessary and may grant,
deny, or refuse to renew, for cause, any application for
permit.
g. The permit shall be issued by the city clerk and shall
state the conditions, if any, imposed upon the permit holder for
the keeping of animals under the permit. The permit shall
specify the restrictions deemed reasonably necessary to
protect any person or neighboring use from unsanitary
conditions, unreasonable noise or odors or annoyance or to
protect the public bealth and safety. Such permit may be
modified from time. to time by the city health officer
and/or animal control officer. Such modification shall be
effective from and after ten (10) days following the receipt
of written notice thereof by certified mail by the permit
holder.
h. The city health officer and/or animal control officer may
refuse a permit to keep or maintain animals for failure to
. comply with the provisions of this chapter, if the facilities
for the keeping of the animals are or become inadequate for
the intended 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 unreasonably endangered by the
granting of such a permit. Refusal to grant or renew a
recreational/hobby kennel permit by the city health officer
and/or animal control officer may be appealed to the city
council.
i. The initial application fee for a recreational/hobby kennel
license under this division shall be established and fixed by
the city council by resolution. The annual renewal fee for any
license issued under this division shall be established by the
city council.
j. The maximum number of dogs over four(4) months of age which
may be kept under a recreational/hobby kennel permit shall be
six. Anyone desiring to maintain more than six (6) dogs may
apply to the city for an exemption. The health officer or
animal control officer, upon review and inspection of
facilities. shall grant an exemption based upon the findings
of the inspection.
k. Recreational/hobby kennel permits shall be valid for a period
of one year from the date of issuance. The permit is
nontransferrable.
.
.
.
3. A commercial kennel license may be granted subject to zoning
regulations governing business or agricultural uses. The permitting
process shall include the inspections and supervisions outlined for
hobby/ recreational kennels in Section II, 2 of this ordinance.
B. EXEMPTIONS
1- The licensing requirement of this ordinance shall not apply to any
dog belonging to a non-resident or dogs kept within the city for
less than 30 days.
2. Any dog owned, kept or harbored by an individual or corporation
holding either a recreational/hobby, or commercial kennel license
need not be individually licensed, but must be vaccinated for
rabies in accordance with the rabies ordinance.
III. ENFORCEMENT
A. It shall be the duty of a health officer and/or animal control
officer or such other law enforcement officer employed or contracted
by the city to enforce the provisions of this ordinance.
. B. Complete, accurate and detailed records of all transactions regarding
the enforcement of this ordinance shall be kept by the designated
enforcing officer(s).
C. The city may establish an animal pound or may designate a privately
owned and operated faCility staffed by qualified personnel to receive
and care for impounded animals. Impounded animals shall be treated
with kindness and provided with sufficient food, water and adequate
shelter.
D. Any dog found in violation of this chapter may be impounded, unless
the owner of such dog is known or can be ascertained from available
information, in which case the dog shall be returned to its owner and
a citation for such violation may be issued.
E. I1ll!!lediately upon i~pounding a dog, the impounding officer shall make
every reasonable effort to notify the o~~er of the dog.
F. An impounded dog must be kept for not less than five (5) business
days after such impoundment. A dog may be redeemed by its owner
during the impoundment period, upon payment of such impoundment
fees as established by the city. .
G. Dogs that have not been claimed within five (5) business days after
impoundment become the property of the city and may be placed in the
custody of a suitable person or humanely destroyed.
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