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Home My WebLink AboutCCP 09-26-1994 ~ AGENDA . ARDEN HILLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, SEPTEMBER 26, 1994,7:30 P.M. 7:30 PM 1. Call to order/roll caft 7:30 PM 2. Agenda adoption 7:35 PM 3, Approval of minutes a. August 31, 1994 W orksession Minutes b. September 12 Council Meeting Minutes 7:40PM 4. Consent Calendar a, Street Improvement Payment - Ashbach Construction, Inc. b. Lexington Avenue Bike Path MaintenancelSealcoating J .l;;t.SZl -rP c. ClaimslPayroll 7:40PM 5. Volunteer Recognition - Resolution 94-45 a. City Beautification Volunteers, City Advisory Committees and Commissions, Election Judges . . . 7:40PM 6. Employee Recognition - Resolution 94-41 ~ ~ 7:45 PM 7. ...- Public commem. 7:50PM 8. Unfinished and New Business. ~ ~ a. Approval of Ordinance #297; Amendments to Chapter 18, Arden Hills City Code b. Planning Case Approval ~ .;G 1. , Case #94-22; Site plan review and lot consolidation - Recommendation , ~~~q~J~ to approve S1. Volodymyr and St. Olgapkrainian Orthodox Church's request for a Special Use Pennit. ~L ~ 2. Case #94-19; Zoning Ordinance Amendme and Approval of Ordinance #299. ~/Ap/ 8:45 PM 9. Administrator Corrimenls 8:50 PM 10. Council comments 9:00 PM 11. Adjourn The above times may vary depending upon length of issue discussioa . f, . .- . CITY OF ARDEN HILLS . MEMORANDUM DATE: September 23,1994 TO: Mayor and City Councilmembers FROM: Dorothy Person, City Administrator SUBJECT: Administrator's Notes for week of 9-l9-94 I. UPDATES A. There has been a question whether the Council, as a Public Meeting, can conduct public business on October 10, which is Columbus Day. The City of Arden Hills does not recognize this date as a holiday for City business; it will be business as usual. Attached is Minnesota Statute 645.44; subd 5, The last five lines of the first paragraph indicate that where Columbus Day and the Friday after Thanksgiving is not a holiday, public business may be conducted. . So the Council would normally hold its public meeting; however, any change is possible per your needs. II AGENDA HANDOUTS A Minutes: L August 31, 1994 Worksession Minutes 2. September 12 Council Meeting Minutes B. Consent Calendar: L Street Improvement Payment - Ashbach Construction, Inc. 2. ClaimslPayroll 3. Lexington Avenue Trail MaintenancelSealcoat - Payment of $2,000 from Public Works Road Maintenance C. Volunteer and Employee Recognition L Resolution 94-47 - Employee Recognition 2. Resolution 94-45 - Volunteer Recognition a. Volunteers will be in attendance, . "- . . - , 2 . III. NUSCELLANEOUSHANDOUTS A. Memo regarding training manual for new Councilmembers B. Minutes from the Finance Committee, August 25, 1994 C. Log of Investment/Treasury Transactions D. Memo from Coralie Wilson, North Suburbs Community Television E. League of Minnesota Cities Registration form and informational flyer re: "Community and Police: Sharing the Vision and Building Minnesota's Future". F. Memo from League of Women Voters re: the Landmark Series G. Memo from Ramsey County League of Local Governments re: Home Rule Charter Amendment Regarding Park, Recreation or Open Space Land and Facilities. H Newspaper articles that pertain to the City of Arden Hills. . . . 11392 11193 INTERPRETATION OF STA11lTES 645." .ed. 645.43 EFFECT OF REPEAL ON UMITATIONS. 'uIhoriIy When a limitaIion or period of time, prescribed in any Jaw for acquiring a right ~ laws in or baning a remedy, or for any other purpose, has begun to run before a law repealing ling the such law takes effect, and the same or any other limitation is prescribed by any other .e provi- law passed at the same session of the legislature, Ihe time which has already run shall be deemed a part of the time prescribed as such limitation in such law passed at the same session of the legislature. History: 1941 c 492 s 43 ,hall not DEFINITIONS OF WORDS AND PHRASES 645.44 PARTICULAR WORDS AND PHRASES. Subdivision I. Meanings ascribed. The following words, tenns, and phrases used in Minnesota Statutes or any legislative act shall have the meanings given them in this d in the section, unless another intention clearly appears. be con- Subd. la. Appellate courts. ~Appellate couns" means the supreme coun and the tor such coon of appeals. Sub<!. lb. Chair. "Chair" includes chainnan, chairwoman, and chairperson. Sub<!. 2. COIlrt administnltor. When used in reference to coon procedure, "coun administrator" means the coun administrator of the coun in which the action or pro- ceeding is pending. and "coun administrator's office" means that coun administrator's !\led to ollice. aw sliall Subd. 3. County, town, city. When a county, town or city is mentioned, without any mner as particular description, it impons the panicular county, town or city appropriate to the matter. Subd. 3a. [RepeaIed, 1976 c 44 s 70] . Subd. 4. Folio. "Folio" means 100 words, counting as a word each number neces- sarily used; if there be fewer than 100 words in all, the paper shall be computed as one . or sets folio; likewise any excess over the last full folio. lwand Subd. 5. Holidays. ~Holiday" includes New Year's Day, January I; Manin Luther repeal King's Binhday, the third Monday in January; Washington's and Lincoln's Binhday, t3 uni- the third Monday in February; Memorial Day, the last Monday in May; Independence tstrued Day, July 4; Labor Day, the first Monday in September; Christopher COlumbus Day, r cases, the second Monday in October; Veterans Day, November I I; Thani<sgiving Day, the :TeCOn- founh Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January I; or Independence Day, July 4; or Veterans Day, November I I; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January I; or Independence Day, July 4; orVet- iT. erans Day, November II; or Christmas Day, December 25; falls on Saturday, the pre- longer ceding day shall be a holiday. No public business shall be transacted on any holiday, except in cases of necessity and except in cases of public business transacted by the leg_ islature, nor shall any civil process be served thereon. However, for the executive branch of the state of Minnesola, "holiday" also includes the Friday after Thanksgiving . but does not include Christopher Columbus Day. Other ches of state government ;;f' and litical subdivisions shall have the option 0 detenninin whe er nstop er Columbus a and e n yater n g1vmg shall be ho Idays. Where It IS eter- min at lurn us ayor e n yater an gIvmg is n DOUuay, public 'bUSiness may be conductea tnereon. -- ,CI'ED Any agreement between a pUblic employer and an employee organiZ.1tion citing Veterans Day as the founh Monday in October shall be amended to cite Veterans Day . atthe as November 11. dinto Subd, 5a. Public member. "Public member" means a person who is not, or never ,code. was, a member of the profession or occupation being licensed or regulated orthe spouse of any such person, or a person who does not have or has never had, a materiallinancial . : . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1994 TWIN CITY ARMY AMMUNITION PLANT, BUILDING 105 7:30 P.M. CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Probst; Councilmembers Beverly Aplikowski, Dale Hicks and Paul Malone. Also present were; Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Park and Recreation Director, Cindy Severtson; and Recording Secretary, Deanne Gueblaoui. ADOPT AGENDA . Mr. Post informed Councilmembers that attachments related to item Nos. 6b(2)(a)(b) were not included in the Council packet and requested that these two items be removed from the agenda. MOTION: Hicks moved and Malone seconded a motion to adopt the agenda for the September 12, 1994 City Council meeting as revised. The motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES - JULY 21. 1994 WORKSESSION AND AUGUST 29 ]994 REGULAR COUNCIL MEETING July 21 1994 Council W orksession Page 4: Malone stated that item e. under Budget, should be Rice Street. Page 5; Malone stated that the first sentence in the paragraph after section k. should state that staff indicated they had received inquiries from a number of interested parties for future recycling. Page 7: The last sentence of the first paragraph should state that Mayor Probst does not believe that the street needs to be widened for the turn lane. . ---- . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 2 MOTION: Aplikowski moved and Hicks seconded a motion to approve the July 21, 1994 Council worksession minutes, as corrected. The motion carried unanimously (4-0). Au~st 29 1994 Rerular Council Meetin!: Page 1: Malone noted that Councilmember Aplikowski should be addressed as Acting Mayor. MOTION: Hicks moved and Aplikowski seconded a motion to approve the August 29, 1994 City Council minutes, as corrected. The motion was unanimously approved (4-0). CONSENT CALENDAR MOTION: Malone moved and Hicks seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). . PUBLIC COMMENTS There were none. UNFINISHED AND NEW BUSINESS APPROVE PRFLlMINARY T .FVY. RESOLUTION NO. 94-42 Malone commended staff for an admirable job in putting together a budget without a significant increase. One of the key points in this budget is the provision for sinking funds for capital equipment for City general operations and fire equipment for the Fire Department. The increase of 4.9% is reasonable. The Mayor stated that he is also very pleased with the City's financial status this year and commended staff for their work. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution No. 94-42 stating the proposed sums of money to be levied for levy year 1994, payable in 1995; and set the Truth-in-Taxation hearing for November 30, 1994, at 7:30 p.m., at the Twin City Army Ammunition Plant, Gate 3, Building 105, Main Floor Conference Room; and set the continuation hearing, if needed, for December 7, 1994, at the same location at 7:30 p.m. The motion was approved . unanimously (4-0). . ' . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 3 PLANNING BETHEL COLLEGE CASE NO 94-20- APPROVE SITE PLAN AND PARKING LOT EXPANSION Fritsinger stated that Bethel College has submitted an application and site plan to reconstruct and expand the parking lot on campus. The parking lot is located on the east side of the campus and currently holds approximately 100 parking spaces. The primary reason for the work is the need for additional parking on campus. Also, the condition of the lot is in need of repair; and this is an opportunity to take care of both needs. The expansion will be 26,000 square feet of space. The number of parking spaces will increase to 184. No curbs or catch basins are included. All size and area requirements are in compliance with the City's zoning ordinance. The Planning Commission expressed some concern from a safety perspective about the lack of lighting. There will be one overhead light and one light adjacent to the stairs on the side of the parking lot. The applicant has stated that lighting is under study for the entire campus, and that issue will be addressed. There is an NSP easement, and NSP has reviewed the plans and approved the improvements as proposed. There is wetland adjacent to the lot, and Rice Creek Watershed District has issued a pennit for the project as proposed. There are 30 mature trees that will be removed. Twenty will be relocated elsewhere on campus. The Planning Commission has reviewed the application and unanimously approved it, as submitted, at their September 7, 1994 . meeting. MOTION: Malone moved and Hicks seconded a motion to approve Case No. 94-20, a site plan for a parking lot expansion at Bethel College. The motion was approved unanimously (4-0). UPDATE - RFP AND RFO FOR TCAAP PLANNING CONSULTANT Fritsinger stated that the proposal staff has prepared outlines the scope of services for the next step in planning for the use of the TCAAP property. At this time it would be appropriate to search for a qualified consultant through an RFQ (Request for Qualifications) advertising process. The City would not want to make a proposal for the property until the intent of Congressman Vento's reutilization committee is clearer. One of the difficulties in finding a qualified consultant is that there are not too many other locations where a similar study has been done. The is a very unusual undertaking and a qualified expert consultant will be needed. He agreed with the Planning Commission that the RFQ process will allow the City time to prepare information while finding out who is capable of providing assistance. Aplikowski asked if a time line has been put on this project. . Fritsinger stated that is his question to Councilmembers, when the Council would like to review qualifications. . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 4 The Mayor suggested advertising the RFQ for 30 to 40 days so that someone could be on board within 60 to 90 days. The first meeting of the reutilization committee is in October. Malone concurred and questioned if the advertising would be done through the American Planning Association. Advertising will have to be nationwide. Fritsinger stated that there are two options for advertising. The first is to advertise through the Association which has a monthly magazine, although he is unsure of the timing for their next publication. They also have a journal every two weeks that advertises projects and could be used for this purpose. Hicks stated that consultant fees will cost a large amount of money and asked to what extent this activity would fit into the purpose of the reutilization committee. He expressed concern about taking on the financial responsibility associated with hiring someone to study this issue and being accepted by the reutilization committee. How will the City pay for this service? He is concerned that City money will be spent without 100% of the benefit coming to the City. Mayor Probst stated that from his perspective and given the information currently available, no one else is bringing money to the table. As this process continues, it will be acknowledged that Arden Hills ultimately has responsibility for planning and zoning this property. The City needs . to stay out in front and establish itself as a lead agency in regard to these issues. There is also a need for caution not to be presumptive. Aplikowski stated that she has no problem with the concept but does have a problem with the time line. It is not necessary to bring someone on line before January 1, 1995. The committee will not move very fast during the election period. The City does not need to have someone on board that fast. Mayor Probst stated that consultants would not have a problem with a 30-day response time. Fritsinger stated that the word travels fast in the consultant community. Within two days he had five or six phone calls from people requesting to be added to the list. It will not be a problem for those firms to submit a proposal quickly. Malone stated that this is a process of soliciting qualifications for someone to step in and help the City with this process. This person will not necessarily be offered to the committee but will be present to represent the City and allow the City to interface with the committee and the Army. Hicks suggested finding out who the planner was for Joliet, Illinois Army facility. MOTION: Malone moved and Hicks seconded a motion to direct staff to proceed with circulating Requests for Qualifications on a nationwide basis for firms available to provide consulting plan services for the redevelopment of the Twin Cities Army . Ammunition Plant, with a deadline for receipt of applications set for the vicinity ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 5 . of November 1, 1994, allowing for staff discretion. The motion was unanimously approved (4-0). PUBLIC WORKS COUNTY ROAD E STRIPING - DISCUSSION OF LANE CHANGE AND STRIPING Winkel stated that this item is a follow-up to a previous discussion with Ramsey County Traffic Engineer, Dan Soler. Last month the Public Safety Committee approved plans for two traffic lanes and one center turn lane and is recommending that the Council approve this plan for striping this section of County Road E. There will also be an off-street bike path in the future for that section of roadway. Ms. Pauline Hass and Ms. Janeen Kajer, who live on County Road E, attended the Planning Commission meeting and gave very helpful input about the traffic problems in this area. Residents would like to see the speed limit lowered to 30 mph. Mayor Probst asked if the issue of widening the street is resolved. Winkel stated that the Commission felt that is a financial decision that should be made by the Council. The striping is critical to traffic flow, but they would not be opposed to widening the street. . Hicks asked if Mr. Soler has made any changes from his previous presentation to the Council, with the center lane and two bike paths phased out for four traffic lanes. Winkel stated that to his knowledge, that plan has not changed. Mr. Soler believes the plan should remain as he proposed it. Hicks stated that it is his recollection that Mr. Soler is agreeable to two lanes across the intersection of Johanna Boulevard with bike paths marked on either side. Winkel stated that he will pass the Council recommendation on to Mr. Soler to keep the bike paths. Hicks stated that he has received two phone calls from County Road E residents stating that since the bridge has reopened, the speed of traffic is approximately 10 mph faster. He would like Mr. Soler to look into this issue independent of the striping issue. Malone agreed with striping one lane eastbound from Old Snelling Avenue and two westbound lanes. Mayor Probst asked the curb width. . Hicks stated that there is a 14-foot center turn lane and two 12-foot paths. The road is 42 feet ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 6 . wide from the top of the curb. Mayor Probst stated that he believes the lane width will be workable. The engineer has latitude on the widths. The lanes could be reduced to 12 feet and the paths to six feet, so the road would not have to be widened. The right turn lane could be striped without taking out the bike path. Mayor Probst asked Ms. Kajer, who was present, if the direction the Council is taking will be acceptable to the residents. Ms. Janeen Kajer, 1434 West County Road E, stated that she and Ms. Hass have talked to many residents on County Road E who agree that something needs to be done because there are small children on that road. They do feel that this approach will help. They have expressed concern about a lower speed limit. The speed was 40 mph and was only lowered to 35 mph after a school girl was hit. She asked if there is any way to have the Ramsey County speed machine placed in the area. The machine flashes driving speeds, as vehicles pass through. Winkel agreed to request Ramsey County to put the speed machine at that location. Hicks stated that enforcement is the issue. Cars are traveling 10 to 15 miles over the posted speed limit. If traffic would travel the speed limit, it would be safer and more tolerable for residents. . MOTION: Hicks moved and Malone seconded a motion to approve restriping on County Road E between Highway 51 and Old Snelling Avenue as per Dan Soler's plan with the modifications shown on the drawing at the intersection of Johanna Boulevard and Old Snelling A venue; and that the sensors at the intersection be moved as necessary without widening the intersection. The motion was approved unanimously (4-0). Aplikowski stated that the downtown area of any town does not have a speed limit over 30 mph., and she would have no problem requesting a lower speed limit in a business district area. After further discussion, it was the consensus of the Council not to request a speed reduction on County Road E at this time but request that the speed control machine be placed in that location. HAMI.INE AVENUE SEALCOA TING Winkel stated that 1994 budget funds are available for sealcoating. He requested approval for sealcoating for Harnline Avenue from Highway 96 to Floral Drive. Malone stated that there are cracks and trenches on Hamline. The sealcoating will not fix the trenches. He would assume the project will cost more than $15,000, and be would have a bard . time supporting this request this late in the year. He would recommend that sample borings of ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 7 . the trenches be taken for testing and have the cracks sealed. Mayor Probst noted that according to City Engineer Mauer, the problem of trenches is not common to this part of the country. Winkel agreed and stated that for whatever reason every truck and car drives on the same path on that road. Possibly striping would help redirect driving pathways. Milling the entire road would take care of the problem. Malone asked how the cracks would be sealed. Winkel stated that a rubberized sealer would be used which other cities have used successfully. This time of year is a good time to seal cracks because in the cooler part of the year the cracks are widest. Hicks agreed that sealing the cracks would be appropriate. If the road is turned back to the county within a year, it will be in reasonably good shape without the expense of sealcoating. It was the consensus of the Council to proceed with sealing cracks on Hamline Avenue. Mayor Probst asked if Hamline is part of the turnback. . Winkel stated that the County would like to turn back Hamline A venue and County Road F from Lexington to Hamline Avenue. Mayor Probst asked if the City's mileage of streets would be reduced. Winkel answered, yes. ROAD TURNBACKS FROM RAMSEY COUNTY Winkel referred Councilmembers to Mr. Terry Mauer's letter to the City, dated September 7, 1994, in the Council packet. Staff is requesting approval to pursue a turnback agreement with Ramsey County. If the Council agrees, a proper resolution will be prepared for the first meeting in October. The list in the packet will be presented to the County as shown, if the Council chooses to prioritize turn backs in this manner. Hicks stated that the letter dated September 7, 1994, captures the Council discussion and he concurs with the plan as presented. Malone agreed and stated that it is in the City's best interest to pursue this agreement. MOTION: Hicks moved and Malone seconded a motion to direct staff to initiate discussions with Ramsey County on a proposal regarding turnback jurisdiction on County Road F, Stowe Avenue reconstruction, Hamline Avenue, Ingerson Road, and . Lake Johanna Boulevard, pursuant to Mr. Terry Mauer's letter dated September -------- ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 8 . 7, 1994. The motion carried unanimously (4-0). Malone asked the status of reconstructing Cannon A venue. Winkel stated that Cannon is among the top three or four priority streets for reconstruction work. If County Road F and Stowe are done, Cannon will not be done next year. ADMINISTRATOR COMMENTS There were none. COUNCIL COMMENTS Aplikowski noted that Valentine Park looks good. She expressed concern about the ground leveling and water that is standing. She would like to see it drain before the asphalt is put in. Otherwise, the water will puddle on the asphalt. Also, she reminded staff to put an outside electrical outlet on the building. Hicks asked if there is another way to enter the Freeway Park on County Road E. . Severtson stated that there is access from the south end on Glen Arden Road. Mayor Probst asked if it would work to put up volleyball nets when the four hockey rinks at Freeway Park are not in use. Severtson stated that there was discussion about paving that area of the park. She did not see a problem with volleyball nets. Mayor Probst asked the reason for not allowing parking by Freeway park. Severtson stated there has not been a need because there is not much use of the upper end of the park by the playground. Malone noted the rate raise of 5 % by the Board of Water Commissioners. Mr. Post stated that the increase is $.05 on the first one million cubic feet of water. Arden Hills is able to take advantage of Roseville' s wholesale rate, and the increase is less than 5 % . Malone stated that the Board has hired a full-time public relations person, and he would hate to see a rate increase pay for that salary. He would also not like to see a metering system that the Board has proposed. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 9 . Winkel stated that the intent for the additional staff person is to solicit more customers. Mayor Probst stated that he had requested staff to prepare a formal resolution identifying the City's appointee (himself) to the reutilization committee for TCAAP. He read Resolution No. 94-43: MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution No. 94-43. The motion was unanimously approved. Mayor Probst requested Council consideration of Resolution No. 94-44 which would also appoint the Chairpersons of the Planning Commission, Park and Recreation Commission, Finance Committee and Economic Development Committee, or representatives of those committees. Those names would be sent to Congressman Vento as part of this nomination process. Aplikowski noted that the deadline for submitting nominations is 5:00 p.m. the following day. Chairpersons have not been notified of this nomination. There were also volunteers who wish to participate at the meeting. MOTION: Malone moved and Hicks seconded a motion to authorize staff to contact the Chairpersons of the major City committees to nominate anyone who may be interested in serving. The motion carried unanimously (4-0). . Aplikowski asked about staff participation with their expertise. Committee people may not be up to speed, and the Council has eliminated people who came to the meetings and want to participate. Malone stated that the meetings are public and anyone can attend. Anyone who wishes to fill out the form and send it to Congressman Vento is welcome to do so. Mayor Probst stated that he attended a Metro Crime meeting sponsored by the Mayors of Minneapolis, S1. Paul, Crystal, Woodbury, Bloomington, Eagan. It is their clear desire to raise the public's awareness and talk about the fact that crime in Minneapolis is not just their problem. While he is not worried for Arden Hills, it is an issue to watch because possibly the lack of crime in the City has more to do with luck than preventative efforts. The biggest problem is juvenile crime. Mayor Probst reminded staff of the correspondence regarding the Amble Drive storm sewer. The possibility was discussed of inviting residents to a Council worksession. . Winkel stated that a letter has been drafted, but he is not sure if the City Administrator has sent it. He will follow up and make sure it is sent to the Mayor for signature. Mayor Probst noted the need for a public hearing on the animal control ordinance. . . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 10 . Fritsinger stated that there was a change in the ordinance which will be reviewed by the Planning Commission on September 25, 1994. It will be brought to the Council in October. Mayor Probst noted that there are two candidates for Mayor and two candidates for the two Council positions with one day left to file. MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 8:44 p.m. The motion was unanimously approved (3-0). Dennis P. Probst, Mayor Dorothy A. Person, City Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held September 26, 1994, at 7:30 p.m. at New Brighton Council Chambers, at 7:30 p.m. . . ------ .. CITY OF ARDEN IDLLS PAGE10F2 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED 09126/94 COUNCIL MEETING -- . CLAIMS PAID SINCE LAST COUNCIL MEETING (09/12/94) II CK.# I CK. DATE I VENDOR I AMOUNT i COMMENTS I I I II 7686 09/14194 I SCHUITA'S HARDWARE 182.20 I CURRENTlNVOlCES WID1SCOUNT " il 7687 09/14/94 : KIMBERLA1 MOORE-SYKES 144,64 ELEC110N JUDGES - DINNER COST 7688 09123194 I PUBLIC EMPLOYEES RETIREMENT ASSN, 2.059,20 SECOND SEP'IEMBER PAYROLL 7689 09123194 I ICMA RETIREMENT TRUST - 457 1.336.60 SECOND SEP'IEMBER PAYROLL 7690 09123194 , STATE CAPITOL CREDIT UNION 2,219-49 SECONDSEP'IEMBERPAYROLL 7691 09123194 I INTL UNION OF OPERATING ENG, 163.00 SEPTEMBER PAYROLLS 7692 09/23194 I PUBLIC EMPLOYEES RET. ASSN. - INS, 72.00 SEPTEMBER PAYROLLS 7693 09/23/94 i UNITED WAY OF 'THE ST PAUL AREA 48,00 SEPTEMBER PAYROLLS I tPAGE 1 OF 2 6,ZZ5.131 PAID CLAIMS $6.225.13 . ADD UNPAID CLAIMS, PAGE 2 OF Z $Z85,157.21 TOTAL ACCOUNTS PAYABLE CLAIMS FOR COUNCIL APPROVAL, 09/26/94 $Z91-38Z_34 ~ . -:-...... " c.-..... -<-- ..... c.5!>~ ~ if!:!' ------ ","< Lv NOTE: CHECKS FOR UNPAID CLAIMS TOTALING $5Z,509.39. WERE -<::::i - "- APPROVAL AT 'THE 09/12194 COUNCIL MEETING. 'THEYWERl ,.:::-= TO 7685, 'THIS SEQUENCE CORRESPONDS TO UNPAID TEMPOl CHECKS 7633 TO 7634 WERE USED FOR ALIGNMENT. Cl.<\IMS1.WKI . CITY OF ARDEN illLLS PAGE 2 OF 2 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 09/26/94 COUNCIL MEEUNG . I CK..# I CK. DATE I VENDOR I AMOUNT COMMENTS I T1l01 I 09127/94 ACCOUNTEMPS 918.00 i WKS. ENDING 08126. 09/02. 09/09 J.D. T002 ! 09127/94 ASHBACH CONSTRUCTION, INC 164,340.40 1994 STREETIMPROVEMENTS, PMT#I I {LESS 5% RETAINAGE - $8,649..10\ T1l03 I 09/27/94 BARBARA BAIlEY 15.00 REFUND - TENNIS CLASS TOO4 I 09/27/94 BEISSWENGER'S HARDWARE 8256 AUGUST PURCHASES T1l05 I 09/27/94 BIFF'S,INC 191.30 PORTABlE TOIlETS - PARKS. AUGUST T006 ! 09/27/94 BOYER FORD TRUCKS 358.28 VEHIClE #1 - REPAIR PARTS T007 I 09/27/94 BRC - ASSIST CENTER 84.87 ELECTION SUPPLIES TOO8 ; 09/27/94 BRIGHTON EXCA VA TlNG COMPANY 37.28 PULVERIZED DIRT - LK JOHANNA BLVD, T009 09/27/94 CITY OF SHOREVIEW 313.82 BUSES, SUMMER PLGD. & SEMAPHORES 30'" TOlD 09/27/94 COVERALL ClEANING 137.39 CITY HALL JANITORIAL SERVICES - SEPT T1l11 09/27/94 EN ROUTE 44.00 COUNCIL PACKET DELIVERIES, 09/02 & 09/09 T1l12 I 09127/94 ESS BROTIlERS & SONS.INC 341.87 CATCH BASIN TOPS T1l13 09127/94 FOCUS NEWS 90.83 THREE LEGAL NOTICES T1l14 I 09/27/94 FRANK MADDEN & ASSOCIATES 90,00 PROFESSIONAL SERVICES - AUGUST T1l15 I 09/27194 FRATfALLONE'S HARDWARE STORES 77.87 AUGUST PURCHASES - W/DISCOUNT T1l16 I 09/27/94 GlENWOOD INGlEWOOD 19,96 AUGUST SERVICE T1l17 I 09/27/94 GOPHER STATE ONE-CALL,INC 52,00 AUGUST SERVICE T1l18 , 09/27/94 DEANNE GUEBLAOUI 120.00 RECORDING SECRETARY - 09/12 MTG. , T019 09/27194 ICMA DISTRIBUTION CENTER 116.60 TWO ElECTED OFFICIALS HANDBOOKS T1l20 09/27194 DAVID W. KRIESEL, INC 4,400,00 INSPECTIONS & CODE ENFORCE., 08m 09/16 T021 09/27194 LAWSON PRODUcrs,lNC 362,37 SHOP SUPPLIES - W/DISCOUNT T1l22 09127194 LTG POWER EQUIPMENT 70.98 RIM SWEEPER & CHAIN SHARPENED T1l23 09127194 MAIER STEWART & ASSOCIATES 12.198,12 PROFESSIONAL SERVICES - AUGUST T1l24 09/27194 KATHRYN MCNAUL 23.00 REFUND - TENNIS CLASS I T1l25 09/27194 MET COUNCIL WASTEWATER SERVICES 45.628.00 SEWER CHARGES - OCTOBER Ii T1l26 09127/94 , MET INSPECTION SERVICE, INC 1.510.40 ElECTRICAL INSPECTIONS - AUGUST ii T027 09/27194 MIDWEST ASPHALT CORPORATION 748.41 ROAD MATERIALS AND "CLASS 5" FOR ,I VAlENTINE PARK - W/DISCOUNT T1l28 09127/94 MIDWEST BUSINESS PRODUCTS 5.48 POST-IT NOTES T1l29 09/27/94 MINNESOTA DEPARTMENT OF HEALTH 3,130.00 WATER CONNECTION FEE - 3Q94 T1l30 09127194 MN RECREATION & PARK ASSN, 238,00 REGISTRATION FEES - FALLSOFfBALL T1l31 09/27/94 MINNESOTA MUTUAL LIFE 339.30 OCTOBER INSURANCE T032 09127/94 MN DEPARTMENT OF JOBS & TRAINING 3,66 UNEMPLOYMENT - ElECTION JUDGE T1l33 09127/94 MOORE-SYKES, KIMBERLAI 59.16 REIMBURSE - ElECTION MIlEAGE Ii T034 09(27194 MTI DISTRIBUTING COMPANY 87,52 VEHIClE #42 - AIR ClEANER ASSEMBLY I: T1l35 I 09127/94 NATIONAL RECREATION & PARK ASSN. 230,00 NRPA CONFERENCE - T PETERSEN I' T1l36 09127/94 NO, lEXINGTON LANDSCAPE SERV.. INC 7.99 SOD STORM SEWER. LK. JOHANNA BLVD, I! T037 09/27/94 NORTHERN STATES POWER 6-28 SIREN 4260 HIGHWAY 10 Ii T038 09127194 PETERSON,FRAM & BERGMAN. PA 3.486-45 PROFESSIONAL SERVICES - AUGUST I: 1'039 09127/94 PETTY CASH 140,71 FUND REPlENISHMENT, EXP. 06/12 09/16 I: 1'040 09/27/94 I PITNEY BOWES !NORWALK,cn 265.50 QUARTERLY CHG.. 08/30 11/30 Ii T1l41 09127194 I PITNEY BOWES (LOUISVILlE, KYl 153.74 METER RENTAL, 10/16 01115/95 II 1'042 09127194 I TERRANCE R POST 203-43 THREE ANTI -GLARE FILTERS AND REIMB. Ii MIl.EAGE - MGFOA MTG. (AlEXANDRIA' I Ii T043 09/27194 POSTMASTER, ST. PAUL 356.00 FALL ClEAN UP BROCHURES , T1l44 09/27/94 RAMSEY COUNTY 435lO.00 LAW ENFORCEMENT - OCTOBER II T045 09/27/94 RENT ALL MINNESOTA, INC 149,90 SOD CUTrER-JOHANNA BLVD. & VALPARK T1l46 09/27194 ' ST. PAUL BOOK & STATIONERY 30.49 CLIPBOARD & BUDGET REPORT COVERS T1l47 09/27/94 I TARGETSTORES 23,78 UTILITY CARRIERS - SUMMER PLGD. T048 I 09/27194 I US WEST COMMUNIC.A TlONS 296.66 CURRENT INVOICES 1'049 09127r'l4 I VIKING ELECfRIC SUPPLY 59.85 LIFf #5 - MICRO LIMIT SWITCH I , ILroTAL UNPAID CLAIMS $285.157.211 CLAIMs':wJKl I 8 8 " i"1 :q!1 181818~' ~i 81:!;1 I~I" 818~ 81 _ ~ 0 0> Q< ~ ~I 0' 0' oldl .0'\ ol~' !lo o'diciI6fc:i1 0'> ~ ~ ~ ~ I : ~ :g: i i I ~ - . . i' , .... Z I ... ... ! : ~ r.tJi i I I ! a: ~i I i I I , I . - I... ' a.. , "" i , I ~ -U ' , I : f I i.,-- 1 <;\V';01l'l: ..,...,.Clr-- ..0 o loCI "'oo88~ ~~1I8'0\IClI I or--~~o <Q N ..,. \Q...., 00 f"l M 11"1 0..0 >4 ..,. \r1 v-. ....O(l...; N N 0 V'; ..,. ..,. ..0 ~ ~ ~ d ~ ~, ~:~ ~ ~ 8" ~I ~ ~. ~ ci ~~. ~ NIN:~ ~ I 1 N ~ ~ 0 ~ ..-.'.aQ\Nlt"",..,.j '<:f"IN_..o ""'1M OO_f"l_IQ NOQ_;Ql)", ...ooMN..... ~.....~~"1....Vl- .....i--r- ."'1.it'I'J. ~ O.t"1"'.~t1 I ""'!...........~.,.,..... V N - I vi I -I -I N N iN)::: : ~ N ~ i ~ ;::",j 0) I ! : ~ :! 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"""I"'" ..". ..". ..". ~ ..". '<:t ..". ..". ..". '<:t ..". ..". ..". ..". ..,. ..". ~..". ~..". () Z N', N N N N N N N N NI N N N oN N N N N N N N N N 1"-1 Nl N ,. . CITY OF ARDEN HILLS, MINNESOTA WORKSESSION MINUTES AUGUST 3l, 1994 4:30PM - TWIN CITY ARMY AMMUNITION PLANT CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the City Council worksession at 4:40P.M. Present: Councilmembers Beverly Aplikowski, Paul Malone, and Dale Hicks; City Administrator Dorothy A. Person; City Accountant, Terry Post; and Recording Secretary, Kim Moore-Sykes. ADOPT AGENDA MOTION: Councilmember Malone moved and seconded by Councilmember Hicks to adopt the August 31, 1994 work session agenda as submitted. Motion carried . unanimously (4-0). Agenda Item #3a. Council Chambers - Review of potential interim meetings space at Building 105, TCAAP. A. Discussion of the temporary use of the TCAAP facilities for the Arden Hills City Council Meetings. I. The facilities are not "cable - ready". Live broadcasting from the facilities is not currently possible. Meetings could be taped and replayed at a later date. 2. There was a discussion about the feasibility of using the TCAAP facilities for Council and worksession meetings. General agreement was that while they would be a good interim facility, the facilities would not work for an extended period of time. 3. Current City Hall facilities are not adequate because: a. space needs exceed what is available at the current site. b. extensive costs involved in repairing current facility. 4. Possible sites for a new City facility were discussed. Some ideas included: a. Site west of Bethel College - This site is large enough to accommodate a City Hall, but not the Public Works garage. . The preference is to have both facilities together on the same site. -- . 2 b. Arden Plaza c. Building site on the TCAAP property - A decision to build on this site will depend upon the recommendations of Vento's reutilization committee. These recommendations will take time to develop and will be subject to the upcoming election results. d. Lexington/Fox area e. Round Lake area f. Army Reserve Center g, Building on the current site B. Discussion of the selection and building processes for the City facilities 1. Will need to recall the design committee. 2. Work with Vento's reutilization committee if Council decides to pursue building on a site at TCAAP or to renovate a standing building at TCAAP. 3. Whatever decision is made regarding the City facilities, it was agreed that the Council and Staff must be move to the same site. 4. Need to be aware of cable accessibility when deciding on a site as there are only so many approved cable sites. C. Considerations that need to be addressed if a decision is made to use TCAAP as . an interim facility while more permanent facilities are being planned and developed. 1. Time frame should be 12 - 18 months 2. Will the remodeling expense be too great for 12 -18 months? Would spending this money be more appropriate if relocated City facilities for 3 - 5 years? a. air conditioning b. telephone and computer cable installation c. cable ready for broadcasting on Cable TV. d. partitions for offices, conference room, council chambers e. Out buildings for Public Works - cost to reconnect to utilities; remodeling to make useable. , How much would the lease or user fee be if Council and Staff relocated to ~. TCAAp? We may need to look into the possibility of trading services, i.e. snow plowing. 4. Cost of providing a gate at the back of Building 105 to maintain security of the property. D. Need more financial information regarding utilizing the facilities at TCAAP for City facilities. . , , . , ;J Agenda Item #3b. Review and approve of County Turnback Planning. A. Ramsey County has requested that municipalities let them know when they will be turning back streets/roads. B. Terry Maurer, MSA reported that 3.8 miles of roadway are to be turned back to the City. County has presented four options to the City regarding roads to be turned back to Arden Hills: 1. Level 90 - Seal coat or recycling a. turn back to City 2. Reconstruction - a. County would contribute a percentage of reconstruction costs to the City based on their formulation. 3. Municipal State Aid designated roads a. Won't apply 4. Swap roads/streets - "One for One" a. not feasible . C. County Road F and Stowe Avenue 1. Level 90 and Reconstruction are only appropriate options a. County will pay 100% of their portion of reconstruction costs b. County will guarantee lO-year window of opportunity but will pay at 1993 conditions/rates. c. City can receive MSA funds for reconstruction. d. County road F - 1. With State Aid, County funds and several City funds, monies would be available for road reconstruction. e. Stowe Avenue - County will sealcoatlrecycle to level 90. f. Recommendation - Maximize MSA funds for use of road reconstruction on County Road F. D. Council discussion resulted in a general consensus to pursue road reconstruction of County Road F and Stowe A venue in 1995 - 1996 because more funds are available now. . E. Guests, Messrs. Kasse and Helm addressed the Council regarding their concerns about the cost of special assessments for reconstruction of Stowe A venue. . , . 4 1. Signatures of residents of Stowe A venue presented stating they prefer the County's offer of recycling of the road. 2. Kasse and Helm do not believe there is a need for the new curb and gutter that would be installed as the result of reconstruction. C. Council advised that the residents will still have to pay a special assessment with the County's offer of recycling. Advantages to reconstruction: 1. Reconstruction with curb and gutters preserves the road edges so that they do not crumble and fall away. 2. Curb and gutters control storm water drainage/runoff. No erosion of the roadside. 3. New Brighton will be reconstructing their side of Stowe and it would make more sense to have both sides looking the same. D. Staff directed to look into funding and reconstruction costs. Agenda Item #4 - TCAAP Video A. Discussion regarding the spending of money to produce a video history of . TCAAP from film footage taken over the years. 1. Council agreed that it is a worthwhile project as the film will be very informational and will be a legal document. MOTION: Councilmember Hicks moved and Councilmember Malone seconded to adjourn the work session. Motion carried unanimously (4-0). The work session adjourned at 7:00 PM. . ------ ------ --------- . CITY OF ARDEN HILlS MEM:lRANDllM DATE: September 20, 1994 TO: Mayor & Council Staff ~ FRCM: Dorothy Person, City Administrator SUB.JECT : In anticipation of at least one change in Council following elections, a training manual is being developed. Items planned are: l. Organization chart and history of the City. a. General info:mation re: City Council roles & responsibility in U.S. b. Arden Hills Council: meeting protocol, role in as JXllicy rraker, statitory City gOVen1aIlce. . 2. Arden Hills related info:mation: a. Strategic planning & goals - 1994. b. 1995 Budget. 3. a. I:epartrrental purp::>ses and goals. b. Cillrent & ongoing proj ects . 4. Corrmittee role, rremberships and =ent planned projects. 5. EiTployee listing, position titles, jcb descriptions and salaries. 6. Consultant listing, purposes, costs and recent proj ects . 7. Other relationships - agencies, goverrnrent, LMC, etc. Mayor assoc. a. Minnesota laws, Le. open meeting law inforrration, Data privacy info:mation. 8. City map, trails map. Please review this listing and let me know what other info:mation is irrportant and which should be included. If you can write a note with specifics it would help. I:epartrrent heads are asked to specifically identify the history of their attributes, the future plans, organization chart, current activities, etc. . DP: jt ~ < [II Iii II I 1 1",1 1t:;1.1 I ,\~ 'I I I, (iil 1""11 t 'i! t- I 1~1':i 1 I~I I 1 ;- I I- W , ' I .J ' Z . '" If- ::l; 0; 1 I <:: II' - I~:Z I 1 .... _. ! 1 ! , U 0.1_ 0 ~ ita, . Iii i 1 U "'IU f- ~ 0 . ,"', -;1 . .!~: iUJ 00' It? 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'" t:: ZIZ e:: :~i.~ ::l;; ::l;,<::l;I.:E' ::l;:E:E' ::l;1.0 ::l;'~1 ::l;1:<: ~ 0 <1<1<1 l::l;i!D =!I i<l~ ~ m IV:V enl <o:fi::I:i "l:l"iW: v a'J UJ "'l:f'!Z "l:t!<o:fi "I\TI::I: "l:iiZ 0..10.. 0..1 ""It',W UJi ,Q..IQ.. . .~ ~ 0 1.1. I .I:! : " .' .1.1 .1.1 ,II.. .1.1 .1 J. 1,1. .1 i .11 ' gO> Z 1<1(0 I"~ <1(01 <1(0 "'iiffl u <'(0' < "'I < (0 < m <'(Olu i1!i.m U! ".< (0,.. ~ ~ 1 I~l~, I'" Oli"l "'1'" "'I"'"' "'["'I ....1....1 "'I'" Ol ail ~i~l~ 1;:1;:;:1 '~i~: '~I~ -- COSSlL TING ENGIlEERS September 12, 1994 File: 520-047-30 Mr. Dan Winkel City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 (,",i( f\,C:'\'EE;(I\'c;. RE: 1994 STREET IMPROVEMENTS PARTIAL PAY ESTIMATES :.... c' ."'~.. " . ,'~, Dear Mr Winkel: \.',~i\','C,r?A.~ Enclosed are three copies of Pay Estimate No. 1 for the referenced project. Based upon the P!~,,\\';i\'3 work completed to date, the total amount of this pay estimate is $172,989.90 and the retainage from this amount is $8,469.50. This work includes the construction up to and SiRL'Ci..;?!>: including the installation of concrete curb and gutter and the placement of the majority of the gravel base. .SUWil"'!\,Io Based upon discussions with the Contractor today, the most recent construction schedule calls rPAF>,'C for the paving of Bussard Court this week and the completion of all driveway and boulevard restoration within the next two weeks. The final lift of bituminous pavement will then be rp,t,,\'spO~T.1,.',',:r;; placed upon completion of all restoration to allow for a clean, unmarred street surface upon completion of the project. If this pay estimate meets with the Council's approval, it would be appropriate to make payment to Aschbach Construction, Inc., in the amount of $164,340.40. Please contact our office if you have questions or require additional information regarding this project. Sincerely, MS , CONSULTING ENGINEERS 1326 Energy Park Drive St Paul, MN 55108 612.644-4389 Fax: 612-644-9446 GJS: tW:047-1215.sep 9800 Shelard Parkway Enclosures . Minneapolis, MN 55441 cc: Ms. Dorothy Person, City Administrator 612.546.0432 Fox: 612.544-6398 PARTIAL PAYMENT ESTIMAte . NO.1 FROM: JUNE '. 1994 TO: AUGUST 31. 1994 . CONTRACTOR: ASH BACH CONSmUCTION. INC. ADDRESS: 229 OLMSTEAD. ST. PAUL, MN 55101 OWNER: C[TY OF ARDEN HillS. MINNESOTA PRDJECT: 1994 STREET IMPROVEMENTS (520-047-30) COMPLETION DAte AMOUNTOFCONTRAC~ ORIGINAL: ORIGINAL S 331.521.36 REVISED: REVISED S ITEM NO; DESCRIPTION PRICE SCHEDULE 1.0 STREET IMPROVEMENTS 1 MILLlNG SY 275 3,25 0.00 0.00 0.00 0,00 2 COMMON EXCAVATION CY 3600 5.05 3.000.00 15,150.00 3.0DO.00 15,150.00 3 SUBGRADE EXCAVAT[ON CY 4800 5,00 4,800.00 24,000.00 4,800.00 24,000.00 . SELECT GRANULAR BORROW (CV) CY 4800 5.55 4,800.00 26,640.00 4,800.00 26,640.00 5 ." DRA[N TILE LF 605Q 1.25 4,400.00 5,500.00 4,400.00 5,500.00 5 SUBGRADE PREPARAT[ON RDSTA 35 129.00 38.00 4,902.00 38,00 4,902.00 7 CLASS 5 AGGREGATE BASE TN 5470 5.55 5,000.00 33,250.00 5.000,00 33.250,00 .: 2331 TYPE 31 BIT. BASE COURSE TN 1650 19.70 0.00 0.00 0.00 0.00 2331 TYPE., BIT. WEAR COURSE TN 1300 23.75 0.00 0.00 0.00 a.oo 10 TACK COAT GAL 690 1.20 0.00 0.00 0,00 0,00 11 CONCRETE CURB & GUTTER. B618 IF 7640 5,85 7,000.00 40,950.00 7,000.00 40,950.00 12 6" CONCRETE DMI RESTORATION SY 785 27,05 0.00 0,00 0.00 0.00 13 Z' BITUMINOUS DMI RESTORATION SY 525 15.80 0.00 0.00 0.00 0.00 " SODDING SY 8500 2.15 0.00 0,00 0.00 0.00 15 ADJUST MANHOLES EA 21 171,00 0.00 0.00 0.00 0.00 16 ADJUST CATCH BASIN EA ,. 47.00 0.00 0.00 0.00 0.00 17 CONSTRUCT CATCH BASIN EA 3 796.00 3,00 2.388.00 3.00 2,388.00 18 15" RCP, CLASS [II LF 541 31.80 541.00 17,203.80 541.00 17,203.80 19 ADJUST WATER VALVES EA 1 116.00 0.00 0.00 0.00 0.00 20 STORM SEWER REPL CAST[NGS EA 3 315.00 0,00 0.00 0.00 0.00 21 CONC, VALLEY GUTTER SF 150 3.40 150.00 510.00 150.00 510.00 22 RECONSTRUCT CATCHBASIN EA 11 31S.00 0,00 0.00 0.00 0.00 23 RECONSTRUCT MANHOLE EA 2 636.00 0.00 0,00 0.00 0.00 2. SUBGRADE STD, PROCTOR TEST EA 1 7700 0.00 0.00 0.00 0,00 25 SUBGRADE IN-PLACE DENSITY TEST EA 8 la.oo 0.00 0.00 0.00 0.00 25 CLASS 5 GRADATION TEST EA 3 70.00 0.00 0.00 0.00 0,00 27 CLASS 5 PROCTOR TEST EA 1 70.00 0,00 0.00 0.00 0.00 26 CLASS 5 IN-PLACe DENSITY TEST EA 8 28.00 0:00 0.00 0.00 0.00 29 CONC. CYLINDER (SET OF 3) EA 10 55.00 0.00 0.00 0.00 [1.00 30 B[T. EXTRACT[ON TEST EA 2 65.00 0.00 0.00 0.00 0.00 31 BIT. GRADATION TEST EA 7 60,00 0.00 0.00 0.00 0.00 32 B[T CORES IN"PLACE TEST EA 7 18.00 0.00 0.00 0.00 0.00 33 BIT. NUC. DENSITY TEST EA 6 139.00 0.00 0.00 0.00 0,00 . EXPOSEDAGGREGATEDNV SY 0.00 0.00 0.00 0,00 T SCHEDULE 1.0 STREET IMPROVEMENTS-TOTAL 170,493.80 170.493.80 520047.1.wk4 520.047-20 --- CONTRACTlTEMS THIS PERIOO TOTAL TO DATE' ITEM - NO. DESCRIPTION UNIT OTY. UNIT OTY. AMOUNT AMOUNT PRICE . SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS 1 PULVERIZING/PLACING PAVEMENT SY '2490 '.00 0.00 0.00 0.00 0.00 2 REM, REPLACE CURB & GUTTER LF 240 '1.45 218.00 2.496.10 218.00 2,496.10 , 2331 TYPE 31 BIT. BASE COURSE TN 250 20.85 0.00 0,00 0.00 0.00 4 2331 TYPE 41 BIT. WEAR COURSE TN 250 24.90 0.00 0,00 0,00 0.00 5 ADJUST MANHOLES EA 3 171.00 0,00 0,00 0.00 0.00 6 ADJUST WATER VALVES EA 1 116.00 0.00 0.00 0.00 0,00 T SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS-TOTAL 2.496.10 2,496.10 TOTAL AMOUNT THIS PERIOD 172,989.90 TOTAL AMOUNT TO DATE 172,989.90 DESCRIPTION TOTAL THIS PERIOD TOTAL TO DATE SCHEDULE 1.0 STREET IMPROVEMENTS-TOTAL 170,493.80 170,493.80 SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS-TOTAL 2,496.10 2,496.10 TOTAL THIS PERIOD TOTAL TO DATE . OUNT EARNED $172.989,90 $172.989.90 aUNT RETAINED S8,649.50 $8,649.50 MATERIAL ON SITE $0.00 $0.00 MATERIAL DEDUCT. 50.00 $0,00 PREVIOUS PAYMENTS . $0.00 MOUNT DUE $164.340.40 $164,340.40 . 520Q47-1.wk4 520~047-20 , ' , . I hereby certify that all items and amounts shown by this pay estimate are . correct for the work completed to date. CONTRACTOR: ASHBACH CONSTRUCTION, INC. BY: ~~-~/ TITLE ~~ DATE: ~ Based on the ENGINEER'S on-site inspections as an experienced and qualified design professional and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his knowledge and belief, that the quantities shown by this estimate are correct and that. based on such inspections and review, that the work has progressed to the point indicated (subject to an evaluation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s); but by recommending any payment, the ENGINEER will not thereby be deemed to have . reviewed the means, methods, sequences, techniques, or proceedures of construction or safety precautions or programs incident thereto or that the ENGINEER has made any examination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lein, claims, security interests or encumbrances, or that the Contractor(s) have completed their work exactly in accordance with the Contract Documents. ENGINEER: MSA, CONSUL TING ENGINEE~ t BY ~ Cfz3t1- - TITLE: . ~~R'''-SK DATE: Cf '3c.,-4> q,\ Approved by Owner/Commission CITY OF ARDEN HILLS, MINNESOTA 7 j)dA U);Jj BY: . TITLE: /"It'c. uJ...h _('~""/l ~f DATE: 4J. /~ ?Y . crrr OF ARDEN HILLS MDDRANDUM DATE: Septelrber 22, 1994 TO: Dorothy Person, City Administrator FRCM: Dan Winkel, Public ~rks SUperintendent ~.W. SUBJECT : Approval of sealcoat project f= Lexington Avenue Trail fran Highway 96 to County Road F Shoreview has recently infonred staff that they intend to seal-coat the bike bath alcng Lexington Avenue frcm Highway 96 to County Road G2. Along with this segrrent of trail, Shoreview has offered to include the Arden Hills portion of the trail frcm Highway 96 to County Road F. Resolution #83-20 outlines the trail rraintenance responsibilities as agreed to by Arden Hills and Shoreview. The estimated cost to sealcoat the trail fran Highway 96 to County Road F is between $2,000 and $2,500. . Tbe Trail was original! y installed approxirratel y ten years ago. Staff has reviewed the current paverrent condition and agrees that a sealcoat p=j ect is appropriate. While this trail rraintenance p=ject is not included in this year's budget, there are sufficient funds in the 1994 street sealcoating budget to cover this cost. Staff reccmnends that Shoreview be authorized to proceed with a sealcoat p=ject on the Lexington Avenue trail fran County Road F to Highway 96 at an estirrated cost between $2,000 and $2,500, and also, that the funding for this p=ject be taken fran the 1994 Street Sealcoat Budget. rw:to . . / /' . CITY OF ARDEN HILLS MEMJRl\NIJllM DA:rE : August 11, 1994 TO: Dorothy Person, City )ltiministrator FRCM: Brian Fritsinger, Carmmity Planning Ccordi.nator~ SUBJECT : Chapter 18, Peddlers. Solicitors and Transient Merchants; Chapter 13, Licenses In addition to the change proposed by City Attorney Filla in Case #94- 19, several other minor arrendrrents were proposed to Chapters 18 and 13 by our attorney. As with Case #94-19, these changes were sirrply to clarify the ordinance in the area of open sales lots. The proposed changes are as follows and can be found underlined in the attached ordinance: . 1. l\rrend the definition of Transient Merchants contained in Arden Hills Code Section 18-03 to read: "Transient M=rchant rreans any person, firm or corporation who engages in any temp:>rary business either in one locality, or by travelling frcm place to place, selling merchandise; and who, for the purpose of carrying on such business, owns, leases, =cupies or uses a building, a portion of a building, or a rreans of tranq:ortation, for the exhibition and sales of such rrerchandise. " 2. Re-forrrat the current provisions of Arden Hills Code 18-13A, B and C so they read as follows: 18-14. Prohibited Practices (a) SIGNS. It shall J:e unlawful for any peddler = solicitor to enter in or upon any'premises or atterrpt to enter in or upon any premises whe:!:"ein a sign or placard bearing the notice "Peddlem or Solicitors Prohibited," or language similar thereto, is l=ated. . -- -- ------ Transient Merchants - Page 2 08/11/94 . (b) REF(JSIN:; m LEAVE. It shall be unlawful for any peddler, sclicitor or transient rrerchant to enter up:ln premises owned, leased or rented by another and refuse to leave such premises after having been notified by such owner or =cupant to leave. (c) MISREPRFSFNJ'ATION. It shall be unlawful for any peddler, sclicitor or transient rrerchant to rrake false or fraudulent staterrents concerning the quality of the goods or services which are being offered for sale. (d) OPEN "AT!':" r.arS. The business of peddlers, sclicitors or transient merchants shall not be conducted on <::t:en Sales IDts or on the irrproved or unillproved p:lrtions of right-of-ways within the City of Arden Hills. 3. The Council nay recall that Attorney Filla had alsc recarrrended tw::> miIlor changes to Chapter 13. After reviewing Chapter 13 there are a significant number of unrelated changes that need to . be made. With codification expected this fall, I;o.ould propose that these changes net be made until that titre. Mr. Filla indicated that this ;o.ould be an appropriate approach. Staff w::>uld reccmnend adoption of Ordinance No. 297 which includes the arrendrrents to Chapters 18 of the Arden Hills Municipal Cede as reccmrended by the City Attorney. BF:to . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS . Ordinance No. 297 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 amended as follows: CHAPTER 18 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS Section 18-01- PUrJ;lose - 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 are 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. Peddlina: means the act of being a peddler. Solicitor: means any person, whe~her 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/she is collecting advance payments on such order. Such definition . includes any person who, for themselves 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, ',.hethe:: 6.3 o\.F..':'...-, a~e:fit, CefLJi~flCC , ar CffiP:oyCC, ,:fie thcr a rC.:Jidc.at of the:. Cit) .of ~"\l:clCfl IIil:.3 ar flat, who engages in, doc.3r ar trafl.3act.3 any temporary business and :.::an.3icnt 15u.:Ji:1;::.:J.:J/ either in one locality, or by travelling from place to place, selling ~eeas, naIca, aHa merchandise; and who, for the purpose of carrying on such business, owns, leases, occupies or uses abuilding, a !)ortion of a buildina or a means of trans';)ortation shel t~...-, ~a~afit lot, ra:.l::aaa carr ffiotor ~..-c.B.iclc I ~rail~l- , t::flt, eO.J.t, ]?uslic l-ef.)ffi ifl hot:.:'~, lodging houCleCl, ~pa~tmcnts .or at~c~ plac_ .. i tl1ia t~JE ::.:. t} for the exhibition and sale of such ..arc.:J, gOOaCl aHa merchandise. Section 18-05. Reaistration 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. . (a) Reo;~tration. 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: (1) The name, physioal description and drivers license number of the person registering; (2) The permanent home address of the applicant, the address of the place of business or the firm or occupation which the applicant represents, and in the case of transient merchants the local address from which proposed sales will be made; (3) A brief description of the nature of the business and the goods to be sold; (4) If employed, the name and address of the employer, together with the credentials therefrom establishing the exact relationship; . (5) The length of time for which the right to do business is desired; (6 ) 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; (7) 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 and shoulders of the applicant in a clear and distinguishing manner; (8) 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; (9 ) 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; (10 ) 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 (11) The last five (5) municipalities wherein the applicant has worked before coming to this City. Section 18-07. Exemotions: The provisions of this Section of this Chapter shall not apply to the following: (a) 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; (b) Children, age eighteen or younger, soliciting for school sponsored activities; (c) IlGarage" or HEstatell sales; . (d) The acts of merchants or their employees in delivering goods in the regular course of business; . (el Solicitations by any organization for philanthropic religious or educati€mal 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 1 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. Investigation and Issuance. (a) Upon receipt of each application, it shall be referred to the Ramsey County Sheriff for a background investigation of the applicant's business and moral character as deemed necessary for the protection of the public good. (b) If as a result of such investigation, the applicant's 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. (c) If as a result of such investigation , the applicant's character or business responsibility is found to be satisfactoryl the City shall deliver to the applicant the approved permit. Section 18-13 . Exhibition of Permit. Permittees are required to exhibit their permit at the request of any citizen. . Section 18-14. Prohibited Practices. -~~ (a) Sians. rro.c:,:"cc13 r'crmitt::d. It shall be unlawful . for any peddler or solicitor to enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice, "Peddlers or solicitors Prohibited, " or language similar thereto, is located. (b) Refusina 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) Misreoresentation. 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 offered for sale. (d) O",en Sales Lots. The business of oeddlers. solicitors or t.ransient merchants shall not be cond\lccted on Open Sales Lots or on the improved or . unim9roved 9ortions of riaht-of-ways within the City of Arden Hills. Section 18-15. Hours of Ooeration. 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. Dllrat.ion 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 18-2l. Misdem~rtn()r. 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. Penal tv. Any person violating any provision of . this ordinance shall be guilty of a misdemeanor. Section 18-27. Severabi 1 i tv. If any part or provision of this Chapter or the application thereof to any person, entity, or i circumstances shall be adjudged unconstitutional or invalid by any , j 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. 297 shall become effective on the day of 19_. passed by the City council of the City of Arden Hills this 1.2th day of September 1994. Dennis Probst Mayor Attest: . Dorothy A. Person City Administrator . . ' , . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS Ordinance Summary Ordinance No. 297 Chapter 18 Peddlers, Solicitors and Transient Merchants. On September 12, 1994 the Arden Hills City Council approved Ordinance No. 297 which amends Chapter 18 of the Arden Hills Municipal Code relating to Peddlers. The City Council by an affirmative vote of at least four Councilmembers, directed that a summary of Ordinance No. 297 be published in the City's official Newspaper and that a printed copy of Ordinance No. 297 be posted on the City's bulletin board and otherwise be made available for inspection at the City offices during regular business hours. Ordinance No. 297 contains regulations relating to the registration, hours of operation, exemptions and definitions of peddlers, solicitors, or transient merchants who operate within . the City of Arden Hills. Effective Date: Ordinance No. 297 shall become effective on the day following publication of the Ordinance or an approved Ordinance Summary. Adontion Date: Passed by the City Council of the City of Arden Hills the _ day of , 1994. Dennis Probst Mayor Attest: Dorothy A. Person City Administrator . \ SEP-16-199..\ 1..\:..\9 FRO~1 HENNEP I N COLNTY TO ~63378.3'? P.02 , . ~ . ARDEN HILLS FINANCE COMMITTEE August 25, 1994 Minutes Call to Order. The meeting was called to order at 7:35 PM. The following members were present Christine Leavitt, Chuck Mertensotto, Charlotte McNiesh, Carl Rundquist and Charles Stoddard. Committee members Fran Holmes and Tom Steele were absent. Also present were City Council member Paul Malone and City Accountant Terry Post. Minutes Approved: The minutes for the meeting of July 28, 1994 were approved. City Accountant/T reasurer's Report: Terry Post distributed materials he received at the Piper Jaffray stockholders meeting held August 3. The materials described Piper's position regarding the IllStitutional Government Income Fund. Terry said the City has sold all holdings in the Paine Webber Short-Term US Gov't fund at a slight loss. Terry pointed out that the City's net tax capacity for 1995. has increased despite the fact that the tax capacity from real property and personal property declined by $60,353. The increase . occurs because contributions to the fiscal disparities pool decreased by $401,000. Discussion: Charles Stoddard asked if the radio antenna towers in Arden Hills can be taxed at a higher rate. Paul Malone pointed out that the antennas are defined by state statute as personal property for tax purposes. The City has no authority to alter the tax rate. Chuck Mertensotto asked if the City could license the towers and collect a license fee. Paul said it seemed unlikely that this would be allowed because the tower operators were required to get Federal Communications Commission licenses. Capital Budgeting for 1995: Paul pointed out that a sinking fund is being set up to smooth out cash requirements for capital items such as fire equipment. Money is being included for this sinking fund in the 1995 budget. Park & Recreation Foundation: Chuck Mertensotto pointed out that Cindy Severtson has asked a representative of the St. Paul Co's to address the next Par1<s and Recreation Committee meeting about this issue. Utility Rate Subcommittee: A utility rate subcommittee was created. Members are Cristine leavitt,Car1 Rundquist and TOll') Steele. Cristine is going to survey communities regarding matters such as the Sr. Citizen rate. Council Liaison Report: Paul Malone briefed the committee on council activities: 1. McClung is ready to proceed with development on his lots. . 2. Filing is open for the Mayor and Council seats. 3. St Mary's Greek Ukranian Orthodox Church is getting closer to construction. , . SEP-16-1994 14:50 FROM HENNEPIN COUNT! TO t:t6337833 P.03 .. y - -- . Other Business: Congressman Vento has scheduled a meeting at TCAAP on August 30 to discuss the future of the site. Adjournment: The rreeting was adjourned at 8:31 pm. Submitted by Carl Rundquist CLK . . ~ J', ' North Suburban Accass Corporation -.- \)" & North Suburban Cable Comml..lon 950 Woodhill Drive, Roseville. MN 55113 . 612/481-9554fCTViNSACl 612/482.1261 [NSCC) ,",,,.,,.~pS . . 0"'" September 8, 1994 "'Q.,.tl!., 1"<!.le1l' ~ I C' a...........lI.....i-fj TO: City Managers and Administrators FROM: Coralie. A. "':'ilson (JJt~. fl ~-1 ) Executive Director l.JVl (J WI'-" SUBJECT: NSCC/NSAC Minutes, etc. The minutes for the August Commission and Corporation meetings and my August reports are attached for your information. I've also included more information about S. 1822. Senators Wellstone and Durenberger still don't seem to have gotten the message, based on their . letters in response to our expressions of concern. If you or any of your city officials have any influence with either Senator, please take some time to lean on them. As you can see from the attached material, S. 1822 would preempt virtually all city authority over the public rights-of-way and would undermine the cities' ability to charge a fee, whether a franchise or permit fee, for use of this public property. In addition, the bill makes no provision Arden Hills for government access channels. Falcon Heights Lauderdale Uttle C.n.d. In the meantime, the University of Minnesota and the League of Mounds View Minnesota Cities are working together on a free workshop on telecommuni- New Brighton cations for city officials. The four-hour workshop is scheduled for October NMh O.ks 6, beginning at 8:30 a.m., at the North Star Student Center, St. Paul. I'll Ros.,'". pass on any additional information I get on the workshop as soon as St Anthony possible. Shore...iew . ~ . 1st Draft Problems/Solutions for Telecommunications Task Force Problem: Federal and state policymakers have failed to recognize cities' critical role in shaping the public puzpose of the "information superhighway" at the local level. SolUlion: Federal and state telecommunications policies must safeguard and uphold local authority to control use.of rights of way, easements, and property and recognize the critical importance of the local information infrastructure and increasing need for broad local access and connectivity. . Problem: Communities are threatened with loss of economic development, efficient service delivery and community access to programming and information needed at the local level. Solution: Standards must be set to permit cities and residents to use electronic information systems and services to improve community well-being, encourage expansion of the local economy, and provide for information technology for the use and benefit of . the public. ~ Problem: Cities face increased demand to provide access to government information and databases. SolUlion: Private sale of tax-supported information and government data services must be subject to state and local requirements assuring a fair return for the value of information and staff expertise invested to produce it. Problem.; City officials do not fully understand and have not had the opportunity to articulate local needs which the convergence of electronic information technologies can serve. SolUlion: Cities must insist that local access to information technology is widely available at a reasonable cost to residents and public institutions at the local level to strengthen public pa.rticipation in government decision-making affecting the community and to assure that information needs are equitably served. . . KEY POINTS: CITIES' INTEREST IN TELECOMMUNICATIONS REGULATION 1. Cities' interest in telecommunications and utility regulation is defined by the their responsibility as trustees of the public rights-of-way within their corporate limits. As trustees of this public property, they have an obligation to ensure that the rights-of-way are managed in the public interest. These interests include: a. prohibition against red-lining (In the early 'SO's, when cable was being developed in the state, the legislature passed a very pro- gressive law which prohibited cable companies from cherry- picking cities and communities to serve. Unfortunately, U.S. West's video dialtone proposal now being considered by the FCC would effectively red-line some Minnesota communities.); b. economic development; and c. the infrastructure, distribution and support for community television programming; and . d. compensation for use of this public property. 2. This obligation is technology neutral and, therefore, extends to Mr.l provider using the public rights-of-way, including telephone and power utilities, as well as cable television. 3. Cities are often cast as obstacles to the development of information net- works and services. In fact, we are now comtemplating the recommen- dation that the franchising process be replaced with a simpler, more straight-forward permitting process. (Reference the MACTA White Paper.) We believe that the State and Federal governments have legitimate and important roles to play in the development and enforcement of minimum technical and connectivity standards and rate regulation in the absence of competition. Further, we would recommend that the State be responsible for licensing telecommunications providers, ensuring that they have the financial, technical and legal qualifications to provide tl:le proposed service. 4. An LMC task force on telecommunications is recommending that the League develop legislation that would protect cities' interests in the management of their public-rights-of way and re-structure, and simplify, the regulatory framework for telecommunications in the state. . . NSCC Item VIA August 23, 1994 TO: Cable Commission (!lJiJ&rjV FROM: Coralie A Wilson Executive Director SUBJECT: August Report Lelrislative Update -- S. 1822 was marked up by the Senate Commerce Committe on August 11, using a Chairman's draft that was stripped of the language that had made the bill palatable to cities. According to a memorandum written by Joe Van Eaton and Nick Miller, "the bill is a disaster for state and local governments and for public interest groups." (See attached.) Frankly, from what I am hearing the legislation treads very closely to some Constitutional boundaries, but I have asked Sen. Wellstone's office to send me a copy of S. 1822 as it was approved by the Commerce Committee so that I can review the language for myself. . If the bill is scheduled for a vote, it will be after the Labor Day recess. I encourage you to have your Mayors and/or city managers contact Senators WeIlstone and Durenberger while they are home to let them know that S. 1822 is unacceptable and contrary to the interests of your city. The Van Eaton/Miller memorandum outlines some of the problems. I have also attached a a copy of a letter sent to the senators by the Board of the League of Minnesota Cities. (I am sending this same information to the city managers and administrators.) On the home front -- In the meantime, through LMC I have been active on several committees involved with telecommunications policy. The Telecommunications Task Force met on August 9 (and will meet again on August 30) and is charged with developing recommendations for consideration by the LMC Economic Development Committee. On August 16, several of us from the Task Force then met with several additional representatives from MACTA to refine Tom Creighton's White Paper and to discuss plans and strategies. In addition to supporting the drafting oflegislation incorporating the concepts outlined in the White Paper, this second group also believes that, with the League's support and assistance, we should be collecting other cities' rights-of-way ordinances and attempting to draft a model ordinance or odinances. The third group in which I have been involved is an ad hoc group of represen- tatives from various governmental and public interest organizations, including Common Cause Minnesota, the Urban Coalition, the Intergovernmental Information Systems Advisory Committee (IISAC), the Association of Minnesota Counties, Minnesota Citizens On Line, Minnesota Library , Association, etc. Although a very diverse group, all have an interest in telecommunications and . public policy. Our primary activity at this point is to monitor the appointments to and activities of -- . NSCC/ August Report August 23, 1994 Page 2. the Government Information Advisory Council, established by the State Legislature last spring, but I believe the group has equal value as a forum for sharing information. MACT A Bv-Laws Committee - The MACT A Board's lackluster performance this past year convinced a number of us that the by-laws of the organization needed major revision in order to reform the organization. (problems have included continued bickering and self-serving behavior by consultants serving on the Board, as well as general disorganization, as evidenced by the late mailing of the mini-conference brochure.) I agreed to serve on the committee which met twice in August before concluding the re-write. Among other things, the committee is recom- mending that the name of the organization be changed to Minnesota Association of Cable and Telecommunications Administrators. Meetings with Meredith CSR's -- On August 1, I met with three groups of customer service representatives for Meredith Cable to review with them the roles and responsi- bilities of the Cable Commission and the Access Corporation. (Meredith supervisory staff continued the presentations to the balance of the CSR's.) Our receptionists have been getting . numerous telephone calls from cable customers erroneously referred to us by the CSR's. In particular, they seemed to refer to us any caller asking for information about programming, even their own programming by KABL. According to Roxanne DeFlorin, the number of calls about programming do seem to have decreased so far this month. Other Attachments: . A letter from ME/U re: an increase in advertising on the programming service. . My summer course grade. . -- . NORTH SUBURBAN CABLE COMMISSION MINUTES August 4, 1994 I. Call to Order The meeting was called to order by the Chair, Gerald Wallin, at 7:00 p.m. at the CTV North Sub- urbs Irondale facility. II. Roll Call The following Commissioners were in attendance: . David Sand, Arden Hills Gerald Wallin, Falcon Heights Jack Barlow, Lauderdale Jerry Skelly, Sr. , Mounds View Barb Jeanetta, New Brighton Jim Johnston, North Oaks Steve Sarkosy, Alternate, Roseville Clarence Ranallo, St. Anthony Others Present Coralie A. Wilson, Executive Director Thomas D. Creighton, Attorney, BerniCk & Lifson Kathi Donnelly-Cohen, Meredith Cable Pat Doocy, Administrative Assistant III. Approval of Agenda Mr. Sand moved, seconded by Mr. Skelly, that the agenda be approved. The motion was approved unanimOUsly. IV. Approval of Minutes . Ms. Donnelly-Cohen stated the report on must carry in her report of the June 30, 1994 minutes was incorrect. The report should read: If we add . NSCC Minutes 8/4/94, Page 2 KVBM and KXLI, channels will have to come off. However, even though the preVue Guide and 'ceo Weather are shared on your system, neither will be removed. We look at what contracts may be up for renewal as well as the popularity of the service to determine what may have to be displaced. In systems where space is more limited, such as Roseville and White Bear, those two channels are shared. In systems where we had more space, they each occupy their own channel. Mr. Johnston moved, seconded by Mr. Sand, that the minutes of the June 30, 1994, meeting, be approved as corrected. The motion was approved unanimously. V. Public Forum. No one was present to speak at the public forum. VI. Reports . A. Executive Director Ms. Wilson stated that Bill 5.1822 was scheduled for mark-up today in the Senate. She added that she has not heard any results at this time. Ms. Wilson reported that the Commission receivea copies of articles to review including an article written by an attorney over 100 years ago in regards to charging utilities for use of right of way. She added that the article stated the government cannot take property from an individual without compensation just as using the right of way should require compensation. B. Attorney Mr. Creighton reported that on June 28, he was told that the FCC would issue a decision on Meredith's rate appeal in a matter of days. He added that nothing has been received as of yet. He aiso reported that the Fce has issued 65 requests for inquiry on form 329 and found all 65 to have been non-compliant and are requesting additional information. Mr. Creighton further reported that Mr. Tom Robinson, a . NATOA consultant in Colorado, is preparing a list of questions for clarification regarding rate rules. -. NSCC Minutes Meredith cable 8/4/94 Page 3 C. Ms. Donnelly-cohen reviewed the July statistics report and indicated the company experienced some droP ?ff on pay units for the summer. She also reviewed the JulY customer Service statistics which include the 43 city area. Ms. Donnelly-cohen reported that there had been an arson fire in the Columbia Heights facility and some accesS equipment had been stolen. In response to Mr. Skelly'S question regarding DBS, Ms. Donnelly-cohen stated that the Hubbard system does not offer ESPN or other sports channels nor any local or accesS channels, at this time is costlY to install, and monthly service rates are not lesS than cable. Mr. wallin stated that had to call Meredith cable for service and announced he was pleased with the service received from customer service and from the technicians. . VII. consent Agenda Mr. sand moved, seconded by Mr. Barlow, approval of the consent Agenda, which includes the June 1994 Treasurer's report and a request for contribution for Metro cable Network (Channel 6) of $2,500. The motion was approved unanimouslY, VII. General Business A. Rate Regulation Mr. creighton reported that he received a proposal from Meredith Cable to resolve the issues of rate regulation that should be discussed in a closed session. B. 1995 Budget Ms. wilson stated she had reviewed the proposed 1995 budget with the Finance committee. After discussion, Mr. sand moved, seconded by Mr. Ranallo, to approve the 1995 budget and to direct the Executive Director to send copies of the budget to the member cities. The motion was approved unanimously. . -- NSCC Minutes ( . 8/4/94 Page 4 Mr. Sand moved, seconded by Mr. Barlow, to approve the revisions of the 1994 Budget as presented by the Executive Director. The motion was approved unanimously. C. Municipal Grants Resolution Ms. Wilson indicated that last year the Commission adopted a formal policy that, in order to be eligible for a grant, a city must approve a resolution setting up a separate account(fund) for franchise fees and restrict use of that account to cable-related activities. Mr. Skelly moved, seconded by Mr. JOhnston, to approve the draft municipal grants resolution and direct the Executive Director to send an announcement of the municipal grants program to the member cities. The motion was approved unanimously. IX. Announcements . Mr. Wallin announced that the volunteers for this meeting :" " were Dan Shaaf on switcher, and the camera operators were Matt Genolin, Edwin Collier and Jeff Luce. XI. Executive Session to Discuss Legal Matters Mr. Ranallo moved, seconded by Mr. Barlow, to move into an Executive session. When the Commission reconvened, Mr. Wallin announced that pending litigation ideas were discussed. He added that the Commission empowered the Executive Director and the attorney to explore avenues of settlement and to present recommendations to the Commission within the next couple months. XII. Adjournment Mr. Barlow moved, seconded by Mr. Ranallo, to adjourn the meeting. The motion was approved unanimously, and the meeting was adjourned at 9:00 pm. . \, -. . NSCC Minutes 8/4/94 Page 5 Respectfully submitted: Pat Doocy, Administrative Assistant Jerry Skelly, Sr., Secretary . . AUGCC ~ . NORTH SUBURBAN ACCESS CORPORATION MINUTES AUGUST 4, 1994 I. Call to Order The meeting of the North SUburban Access Corporation was called to order by the Chair, Gerald Wallin, at 9:01 PM at the CTV North SUburbs Irondale Facility. II. Roll Call The following directors were in attendance: David Sand, Arden Hills . Gerald Wallin, Falcon Heights Jack Barlow, Lauderdale Jerry Skelly, Sr., Mounds View Barb Jeanetta, New Brighton Jim Johnston, North Oaks Steve Sarkosy, Roseville Clarence Ranallo, st. Anthony Others Present: Coralie A. ,Wilson, Executive Director Thomas D. Creighton, Attorney Pat Doocy, Administrative Assistant Mike Horton, Irondale High School III. Approval of Agenda Mr. Ranallo moved, seconded by Mr. Sand, that the agenda be approved. The motion was approved unan- imously. IV. Approval of the Minutes Mr. Ranallo moved, seconded by Mr. Sand, approval of the minutes of the June 30, 1994, meeting. The motion was approved unanimously. . NSAC Minutes . 8/4/94, Page 2 V. Public Forum No one was present to speak at the public forum. VI. Reports A. Executive Director Ms. Wilson stated that the Board received copies of the updated Policy and Procedures Manual. She added that the July corporation statistics were also handed out. Ms. Wilson indicated that usage numbers were down significantly for July adding that the weather could playa factor. Also Edit A was down for a while for new equipment installation and training. She added that volunteer hours were high, basically due to the Roseville Parade. Ms. Wilson stated that she has a written report from Tony Vietti who attended the Alliance for Community Media conference in Hawaii and that copies of the report will be made available for any Board member requesting it. . B. Attorney Mr. Creighton informed the Board that he had no further report at this time. VII. Consent Agenda Mr. Sand moved, seconded by Mr. Skelly, that the Consent Agenda be approved, which included the June 1994 Treasurer's report and an agreement with CorVel Corporation for Manage- ment of Workers Compensation Claims. The motion was ap- proved unanimously. VIII. General Business A. Presentation by Mike Horton, TV Production Teacher, Irondale High School Mr. Horton handed out and reviewed TV production Cur- riculum for Irondale classes. He indicated that an estimated 160 students will come through the Irondale studio in the 1994-95 school year. . ------ - NSAC Minutes / 8/4/94, Page 3 . Mr. Horton stated he has a vision that CTV Irondale will be the hub in the North Metro viewing area for communication arts, television and radio for not only for Irondale students, but for surrounding high schools, middle schools and elementary schools. B. Statt Incentive Plan Ms. Wilson presented a staff incentive plan proposal to the Board. She stated that if the Board concurs, she will develop a structured plan for Board consideration at the next meeting. Mr. Wallin suggested using the term "truly exceptional" and stressed that not everyone qualifies. C. Viewership Survey Ms. Wilson stated that the telephone survey is taking longer than anticipated because people are not a~ home due to nice weather. D. Executive Director Annual Performance Evaluation . Mr. Wallin stated he is waiting for evaluation results from four Commissioners. He added that after receiving these results, he will meet with Ms. Wilson to review the results and bring a salary recommendation to the Commission for review. XI. Announcement Mr. Skelly stated that the CTV Producer Workshop announced in the MEOW is a great idea. X. Adjournment Mr. Sand moved, seconded by Mr. Johnston, to adjourn the meeting. The motion was approved and the meeting adjourned at 9:35 pm. .. ----- -- NSAC Hinutes . 8/4/94, Page '4 Submitted by: Patricia Doocy, Administrative Assistant Approved by: Gerald w. Skelly, Secretary of NSAC . . AUGAC ----- -- -----...- ----.-- ~ NSAC Item VIA and B. . August 26, 1994 TO: Board of Directors .&~ FROM: Coralie A. Wilson Executive Director SUBJECT: August Reports As noted in the Operations Manager's report (attached), August was a month of parades and festivals. In addition to the Little Canada and New Brighton events, we also had coverage of the Slice of Shoreview and a St. Anthony festival. (Tim neglected to mention that the crew was all set up for the New Brighton parade when the storm hit.) The staff has also spent time in August on budget preparation, planning for Access-a-thon, and prepping the facilities at Irondale for the resumption of classes. . As a result of Tony Vietti's and Pat Cook's attendance at the Alliance for Community Media conference and receiving the results of the two surveys, the staffhas spent a great deal of time in informal conversations about where we go from here. We intend to formalize those discussions and begin to develop a "strategic plan" in September. I would like to spend some time during the October Board meeting going over our ideas with you and getting your reactions. . -- August 25, 1994 , , . To: Coralie Wilson Executive Director From: Tim Domke Operation Manger Subject: August Operations Report Equipment and Facilities - -Dave Brewster, Don Swenson and Andre Barte have installed new audio boards into vans one and two. The vans audio capabilities increase from 12 inputs to 16. The new audio boards allowed us to take the old and relocate them to studio B and edit E, greatly improving both areas. They also transferred the Toaster system that originally came from Edit A (RY) to Edit 0 (10). Edit D's MX-12 was in turn sent to edit E (RV), So the cycle continues... lrondale Uodate - - Another cable camp is completed with fIVe students that varied in age from 13 to adult and which included an Irondale High School instructor. John McManus is currently working on the New Brighton pageant and also is producing a promo about the changes at Irondale. I , . Allison Graefe is working on an Amiga CG self-help instructional tape for producers who want to learn more than just the basic functions. Tony Vietti has met with Irondale's new principle, Howard Dahl, to establish a procedure for IrondaJe productions. Parades - -In the parade department, we had two-Little Canada and New Brighton. The Little Canada parade took place on the 14th. This parade is highlighted with our replay handouts by the volunteers, which heightened our visibility in the community. The New Brighton parade scheduled for the 25th was a rain out and our volunteers diserve a big hand for their efforts. .Q1b.er - - Our annual coverage of Jr. Olympic Hockey ended with the Tier II Championship and the J.O. Championship. This year's hockey was produced by Ann Gabrys. The Slice of Shoreview was produced by Pat Cook, and CTV this year added a display table (Joan Gerten) and our mascot ZOOMER to the day. Our cat really stole the show with the kids, I'm told by Joan. Mike Cofrin, from International In-Line Skate Association, and John Rusterholtz taped the National In-Une Championships at the John Rose Minnesota Oval on August 20 & 21. This event may be picked up by. ESPN-2. The half hour program will also be seen on CTV and on CH.6. Finally, we will be producing a program that deals with the land issues surrounding the Twin Cities Army Ammunition Plant. Congressman Bruce Vento will host this questions-and.answers evening. . ( . Y!ILLER & HOLBROOKE INFORMATION SERVICES U Qda te DOCUMENTING LOCAL GOVERNMENT CABLE AND TELECOMMUNICATIONS ISSUES Volume 2 No.7 August 1994 ~ SENATE COMMmEE MARKS-UP S.l822 INSIDE AND MATTERS GO FROM BAD TO WORSE FOR LOCAL GOVERNMENTS Feature Article: +Senate Mark-up ofS. 1822 On August 11, 1994, the Senate Committee on Commerce, At The FCC: Science and Transportation adopted a dramatically revised version of S. 1822, the Communications Act of 1994. From +Orde" Issued au Exclusivity Requests the perspective of state and local franchising authorities, the +Program Access Provisions Broadened + Elf<:cliv"competitionPl""dingGuidlines revised bill includes the worst features of H.R. 3626, the +New Jersey Granted Video Dialtone companion legislation adopted by the full House on June 28 + New Rate Regulation Survey (see article in June/July issue of Update), plus additional + FCC Reorganization provisions that are also inimical to the interests, authority and +Cable Form 393 Spreadsheet Available responsibility of local governments. Special RepoJ1: As originally introduced, S. 1822 recognized local franchising +U.S. West Cable Acquisitioo authority over providers of cable services, including telephone DoclJIllents: companies, and respected the right to receive fair +FCC Order on Program Access compensation for commercial use of public rights-of-way. + FCC Order 00 Elf<:ctive Competition (See February Update for article on the introduction ofS. + FCC Repon on Rate Regulation Survey 1822.) The Committee, however, "turned the bill on its head," +Cable Form 393 Press ReI"",es in the words of the National League of Cities. S. 1822 now mandates the taking oflocal government property without compensation, removes local government control over the use and disruption of public rights-of-way, potentially reduces the revenue base on which cable operators are required to pay franchise fees, prohibits franchising of competitors to cable systems, and potentially threatens the ability of local governments to obtain institutional networks for their own use and local school use. At the Committee mark-up, only Senator Kay Bailey Hutchinson (R-TX), the junior member of the Senate, expressed concern about the impact of S. 1822 on the authority of local governments to control their rights-of-way and to receive fair compensation for its use. Senator Hutchinson is working with local government organizations in an attempt to amend these provisions. Miller & Holbrooke Information Services, Inc. 1225 [9th Street, NW Washington, DC 20036 (::'02)785-8827 . Copyright t994. Mill..", Holbroo" Iof.....tion Scrvia:s, I""~ Wubingtoo, D.C All rights__ ~- . The primary provisions ofS. 1822 that affect through a video platform, which is specifically franchising authorities are: defined as "not a cable service" and not subject to cable franchising. As a practical matter, . Telephone companies and their affiliates will however, the bill is structured in a way that all be permitted to enter the cable television but assures that telephone companies will business and cable operators will be permitted choose the video platform approach and avoid into the telecommunications business. All state franchises and franchise fees. and local laws and regulations that are "barriers" to the ability of any entity to provide . Like H.R. 3626, S. 1822 shrinks the basis on interstate or intrastate telecommunications which cable operators may be required to pay a service are preempted. This provision is similar 5% franchise fee to revenue from "cable to language in H.R. 3626. services" only. This likely means that local governments will see an immediate loss of . Telephone companies may provide video revenue from curren t cable franchise fees. programming to subscribers in their own service area either through a cable system, in . Unlike H.R. 3626, S. 1822 goes further in which case they are cable operators subject to reducing revenue from franchise fees by the Cable Act, including franchising, or providing that video programming provided by . MILLER & HOLBROOKEINFORMATlONSERVICES U pda te provides in-depth coverage of cable television and telecommunications issues affecting local governments at the FCC, in the courts, and on Capitol Hill. Each issue contains the "must read" source documents important to local officials and cable operators. MILLER & HOLBROOKEINFORMATlONSERYICES Update is published monthly by Miller & Holbrooke Information Services, Inc., 1225 19th Street, N.W., Washington, D.C. 20036. Telephone (202) 785-8827. Fax (202) 785-1234. Nikki L. Ward, Editor and Marketing Director. Subscriptions are $300 per year, $575 for two years. Additional copIes without documents to the same entity, $50 per year. Addresses in D.C. add 6% sales tax. U pda te is for informational purposes only and is not intended as, and should not be relied on as, legal advice to readers. Filing deadlines should always be verified directly with the relevant agency. . MILLER& HOLBROOKEINFORYlATlONSERVICES Update August 1994 Page 2 --- - a telephone company over a video platfonn is assessment, rental or similar charge or i .ommunications service -- not cable service equivalent from any telecommunications -- and thus not subject to a cable franchise fee. provider for operating in the locality or using H.R. 3626 allows franchising authorities to the public rights-of-way that distinguishes collect a fee "in lieu of a franchise fee" from between providers, including the local exchange telcos and other users of video platfonn. S. carrier. Promoted by companies such as . 1822 contains no such provision. Metropolitan Fiber Systems under the name of "non-discrimination," the effect of this . H.R. 3626 directs the FCC to establish provision is to lower such fees.. including fees requirements for public, educational and from telephone companies providing video governmental channel capacity oftelco programming.. to the lowest common provided video platfonn systems. S. 1822 has denominator, which in many jurisdictions will no similar provisions. be zero. . Franchising authorities are also prohibited . Portions of S. 2195, the so-called "public from requiring a franchise for provision of space" bill introduced in June by Senator telecommunications service by a cable Daniel Inouye (D-HI), were included, but at operator, and may not require or prohibit the greatly reduced levels. (See article in June/July provision of any telecommunications service by issue of Update.) Telecommunications a cable operator. providers would be required to provide up to 5% of capacity on certain telecommunications a combined result of these provisions is to systems and/or to offer preferential rates to t franchising authority jurisdiction to "eligible entities." The list of "eligible entities" traditional cable services (basically defmed as for these benefits now includes public and non- one-way television type video programming) by profit libraries, schools, universities, health care a cable operator or by a telephone company facilities, museums, charities, zoos, and public operating a cable system, and to prohibit a broadcasting -- BUT NOT STATE AND franchising authority role in any noncable, LOCAL GOVERNMENTS! telecommunications service. No franchise, no cable franchise fee, no public, educational or The bill also: governmental access channels, or any other requirement covered by the Cable Act may be . Sets the stage for potentially far-reaching required of either the telco, its affiliate, any preemption oflocal government authority over other user of the video platfonn, or any other zoning, planning, and control of rights-of-way telecommunications provider. in a new provision giving the FCC authority to prescribe regulations that "pennit joint . State and local governmen ts are also telecommunications network planning, design, prohibited from requiring any pennit, and implementation among all franchise, tax, or rights.of-way fee or any telecommunications carriers, cable television . MILLER& HOLBROOKEINFORMATIONSERVICES Update August 1994 Page 3 ---- CITY OF ARDEN HILLS . MEMJRANDUM DATE: Septeuber 21, 1994 TO: Mayor, Council & Staff FRCM: Dorothy Person, City Administrator Sl.JBJECT : Phone Number I have purchased a car phone, that number is: 723-6152. I still have the pager at this number: 650-6465. Please feel free to contact rre as needed. . . '> THE LEAGUE }~, 1 """';~/,- OF WOMEN VOTERS r~ .'; . c"", ST. PA UL >, ;......';.;<>._0-..,:"'~. .""ill;'-_,' C/' 150 EATON, SUITE A ST. PAUL, MN 55107 PHONE (612) 222-1215 September 14, 1994 . MEMORANDUM TO: Mayors, Managers, Administrators . FROM: Mary Anderson, Project Coordinator ~\&j}. RE: Landmark Series The League of Women Voters Saint Paul is working with Minnesota Landmarks to produce the public affairs forum, The Landmark Series. I have been asked by the League of Women Voters Saint Paul to coordinate their portion of the work. The . series is planned to be six lectures dealing with urban regional issues. The first will be Friday, October 14 at 4:00 P. M., and the other five are planned for January through May of 1995. This series is an excellent opportunity for city officials to participate with other governmental officials, business groups and citizen groups in a learning/discussion experience focusing on critical urban regional issues. You and all members of your city councils will be receiving an announcement and invitation to each of the lectures which are free and open to the public. The first lecture in the series is cosponsored by the Land Stewardship Project. It will be held in the Weyerhaeuser Auditorium in Landmark Center on Friday, October 14 at 4:00 P. M. The speaker will be Peter Calthorpe, a nationally known architect and planner noted for his environmental approach to community development and urban design. The central focus of his practice is mixed-use master planning with a concern for creating communities which are environmentally soul1d, economically diverse, and socially progressive. I invite and urge you to attend and to encourage other city officials to, also. I look forward to seeing you October 14. . s,~..)n:}:... HI 0 --- 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 c< CAPITOL COUNTY OF MINNESOTA TO: RCLLG Membership RAMSEY COUNTY MEMBERS FROM: Peggy Rollins, RCLLG Coordinator Arden Hills Falcon Heights RE: Ramsey County Home Rule Charter Amendment Regarding Park, Gem lake Recreation Or Open Space Land And Facilities Lauderdale LltUe Canada At the request of Jeanne Weigum, President of the St. Paul and Ramsey County Maplewood Friends of the Parks and Trails, the following article from the August 1994 newsletter of the Friends of the Parks and Trails is being reprinted for your Mounds View information. Please be advised that this article is reprinted solely for your New Brighton information and does not necessarily reflect the opinions of the RCLLG North Oaks Executive Board. North St. Paul ******* Ramsey County "Shall the Ramsey County Home Rule Charter be amended to require the county .VIlIe Board to maintain a policy which provides for no net loss of park, recreation or open space land and facilities?" st. Anthony st. Paul Ramsey County voters will have an opportunity to guarantee park lands now and into Shorevlew the julure with a yes vote on the charter amendment in the November election. The charter is really the county's constitution. Placing this protection in the charter Vadnais Heights would make it very difficult for your favorite park to become a fire station, jailor White Beer Lake shopping mall some time in the future. White Bear Township The current practice and policy of the County Board is "no net loss", in other words, ASSOCIATE MEMBERS if an acre is sold or used for a purpose other than parks, it must be replaced. Since Mounds View School it is just a policy, a different board could adopt an entirely different policy, one District #621 which provided substantially less protection for park lands. Ramsey county is largely North Sf. PauU developed and those casting about for a place to build often spy wide open spaces Maplewood School and conclude that this would be a great space for a school, strip mall, town house DIstrict #622 complex, or manufacturing plant. When times are good and money is easy, elected RosevUle School officials are not very likely to fall for that. When budgets are tight and demand for District #623 services increase, expanded tax rolls look inviting. Sl Paul Sc.hool District #625 The charter amendment is supported by the Ramsey County Charter Commission and While Bear Lake the Friends of the Parks. Ijyou have questions or would like more information, call Sch. Dlst. #624 the Friends at 698-4543. e=ey Soli & Water ******* onservation District Printed on recycled papa' n -- - -.". -. - --- --. .--. . -_.. .... -.,.,.... ............&~..... ..............~ ....-... I Cities, district set proposed levies '\ 1-0 19~t--J) i \~O(\lS tJ SHELBY NICOLAVS-DUNSKI maximum amOUlll it can levy, which thcy all say will = likely Proposed property tax Icvies arc decrease oy the time levies gain pllSW' surprises in arCH cities in tinal approval in December. 199 Ar en Hills, New Brighton, Arden Hills Mounds View and the Mounds Arden lIills is prnpllSing a 4.9 per. ~fln~~li!~!~l!f~lli.~; view School District approved pre- cent increase in its levy, which .. .. . .......,.".,.,.,',. . liminary property tax levies last amounts to $1.74 million. TIle levy .P!~9@j8! 1.96% week. Each taxing district set the is proposed to help support the Index city's. proposed $2.16 million gener- increa....e in value from 1994. al fund hudget. representing a 7.3 perCL'Ilt increase over the 1994 bud- New Brighton get. New Brighton's levy is proposed Around Town.....7 Next year, Arden Hills homeown- to increase 4.5 percent to $2.7 mil- Community Events ers may feel the effects of a property lion in 1995. The levy will help sup. Church Dir...... 19 tax burden shift occurring in their port a proposed $6.7 million 1995 city. budget. representing a 6 percent Class Attract.....21 A 3.1 percent increase in residen- increase over the 1994 budget. tial market value in 1995 will be The proposed tax increase will Seeking Companionship accompanied by a 12. 8 percent cover scheduled payments on Classified...... .....24 decrease in industrial property valu- improvement bonds, a new tele- ation, City Accountant Terry Post phone system at City Hall, public FYI.....................7 said. But since industria1 properties works improvements and a 2.5 per- Taxes are taxed at 4 percent and residential Weddings/Engagements/Special 2 percent, the numbers shake out cent wage hike for city employees. Occasions Some of the increase is earmarl<ed Legals... next week less dramatically. for tentative plans to build a senior From page 2 In effect, a $9.3 million increase center shared jointly by New increase, would rise by 6.2 percent, School Board Minutes/New in valuation "is masking an $8.3 Brighton and three other cities. or $16, Brager said. Business/City Council Minutes million decrease in industrial valua- Finance Director Margaret Egan Opinion Page......6 tion," Post said. said. District 621 Another kink in Arden Hills' taxes The city's portion of taxes on a The Mounds View School Dis- ~~.~~~:~~~.....1 ~ is the "tremendous backlog" of $100,000 home which retained its triet certified a proposed $39.8 mil- business petitions questioning the 1994 value are expected to increase lion property tax levy. The levy is a valuation of their properties. The by $10 in 1995, from $220 to $230. 2 percent increase over the 1994 Professional Sen'ices petitions, filed last year, could take $39 million levy. Directory two to three years to sellle, Post Mounds Vuw Included in the increase is a spe' SportS................16 said. Mounds View's proposed 1995 eial education levy increase of Post estimates homeowners will levy was set at $1.6 million, repre- $986,000 to offset a projected 24 see an average $21 increase in the senting a 4.3 percent increase over percent state aid loss in 1995-96. Focus News city's portion of their tax bill. The the 1994 levy. "There is not enough money in owner of a $125,000 home, for The levy will help support the" tlle state budget in 1995-96 to fund 6loOJ tto-,_.;:5 Nit FhOio!'.1oOo' ~~1l'lIl"1l2' F.. S71.IOU instance, is projected to pay $234 in city's proposed $3.5 million general special education:' Finance Direc- city taxes in 1995, up from $213 in fund budget, which increased by tor Carl Colmark said. The state 1994, assuming the home did not 10.4 percent, or $328,299, from tlle "gave us the levy authority so we -~ 1994 budget, Finance Director Don could pick up the lost prorated rev- Focus NEWS I Brager said. enue:' Mayor Jerry Linke said it is very 1JbIished weekly on Thesday by Focus News@1994JDK Inc. likely the levy adopted in December I will be lower than tlle proposal. Focus News serves the communities of "The numbers will be different Arden Hills, Columbia Heights, Falcon Heights, Fridley, Mounds View, than what you hear tonight. 1 am New Brighton, Roseville, and S1. Anthony almost positive of that," he said. EDITORIAL STAFF About 2 percent of the increase is olumbia Heightsl St. Amhony Editor ........h...................._.....................Jerry Cassidy earmarked for potential litigation idley Editor ....................................._..........__................._...._.....MacDonaJd Meade :)Sevill~alcon Heit-~t.s: Edltor.....:......_......:.............._.................... ,......Pam Hentges the city is predi<.1ing will result from .den HII.lslMounds lewlNew Bnghton Editor ....................5helby Nicolaus-Dunski the decision to put the question of -.ort!l Editor ....................................................................................H.........Rick Romeo term limits on the Nov. 8 ballot, IOlographer ...............-............................................_............................PIIW I:JeMarchi Council Member Julie Trude said. SALES STAFF The city's portion of taxes on an Anita Bednarek . Johlll Kmincer . Elaine Fowler average home, valued at $88,000, Iblishers...........................................Richard Robc!rts .\:; Collette Kaermer-Roba1s 1~..::::::::::::::::::::::::::::=::=:::::::::::~~==:::::=::=:::::=~.;::~o:;=: based on a 2 percent market value T AXESlPage 11 . 6240 Hwy. 65 NE Fridley, MN 55432 571-4111 Cax 571.1016 c:: Q) :f 6 g:~o . . I- I -= I 11) "'CI _\o-o.c G.) ,5:94,) E: _=.c E:: . .c 0 U'J..:.c _!- _11:1 ,&)"0 u'i =_._ v.J C1Q,.c- ~ +=i ~"tj<j1si =f- o.,;;:..c:::' 6t:~a 0 ~::l\o-o ca.....~~ .roO uC: 'co:: .- v.J 0 r.r1ii IlL) en tlDCll:mv.J~_ M!...~:,g.. 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American M.wical Sys-- f1Jl2Qcials. ~nd Laplewict. would say schooi.~Laptewlasa.id. treprenellr.~ terns (AMS) of Minnetonka. And only that .scheider's revenues "ate A dstud Pfizer setCCled AMS president ano:;l not quile as big .as Empj's." But goo ent So before: the summer was over. CEO David Booth. ralher tban Kelly said xhncider's revltftues .ue Schooi was a place where Laptewia Laptcwicz had found a new career as uPu:wicz to be ptesidenl aad CEO more than 160 miUion, and that SJO did quite wdl. He said tbat whue he presidcru and CEO of Em pi, a fast. of tbe combined companies. now million 10 S3S million of the tOlal might have become a doctor, bis growing medical finn that h.u lcnownasAMSISchncidcr(USA.j comei from it. start-up business. parents couJdn't afford to !lead him dreams of bC1:oming much larger Within Sl;hneiderlha[ Laluewia pio-- to medical s<:hool. Undeterred, he under a profeiSional manager such upcewicz gid he W8S offered a job neered, Thai busintss., i;alled (he used 5Cholan;hips and fellowships to as Laptewicz, as chief opcralilll offic!!r of Ihe Stenl Division, makes a device that obtaia an undergraduate dqree iQ combined sub5idiarie5, in essence is insert~ inside reopened uterics chemical engineering., and a ,gtadl&o;1 ~I've worked for Ptizer for over ::2 the No. 1 job under Booth. but co keep them {rom becoming ate degree In biochemical cegiDeer-,' ycat5. and I never seriously thought declined because he: Jidn't like the dogged again. ing. He went to school a( lHght tOJ about lenil1g, H L1ptewic2: said. BUl way the two wbsidiari~ were being Trying lodlversify JCcan'....18A. after the reorganiution left him combmed. Laptewic2: said he also workin, for ODe of his ~ers at an- wasn't intere:1led in other possible Maurer staned the company built Getting scientific college (legrcGt otber Schneider subsidiary, tbe op. positioos in p(r.zer's pharm:lceutical on transcutaneous e1cctriCl!lI nerve "was a way for Ole to Jet 'SOmefbiQl pottunity at Empi seemed well suit. ope-tation:s. in other parts of Ihe stimulaton; (TENS), which use elec- that was affiliated with medicme lit: edto his taJentsand interests. COuntry. lrical CUlTeJl.t to fisht pain. He's medical innovation. "J .arewicz~ ! Nocomment been .tryinSlo divenify it, and one The biological slant 0 his stud' "'And at this stage of life, 45, it was of iLS prime areas of expansion in. led him to a job, and a <:::areer, at tin;e to rechallenge myself," hesaid. Pfizer spokeswoman. Denise Ulrich yQlyes lIsins Ihe same electrkal Pfwo. E~~n before L1ptewicz. turned his said Ihe company had no comment, technology to treat human incofl1i- and Booth didn't return a telephone nellce by exercisins. muscles that But it appears that the secret 10. ey~ to the outside world, Maurer, can. rontr.ol the flowofurine. Laptewic:!:'s success. isn't just bis in- the' only chairmall and CEO Empi tense interest in the biologiQ.\ 5(1. hu had, spent months looking for a Asked why he didn't get the top job, Laptewicz said he can use the skills encl:s. {tOs that he's adept at lots 0 su~cssor. Laptewia: said he had made no se- he devewped in starting up the things. Jerry Scbulze. Pftzer's New cut of the filC[ that he didn't likl: Schneider $lent operation to help Yon City-based vice president of Si9ce Empi had r~ac.hl:d sales of the Dew corporate stylo. created by Empi's incolltinence blumess, (n strategic planning. and Lapt.e:wiC%.', 566.4 mIllion in 199J, thl: com.pany tbe r<<JrgaDu.ation, which combined addition. he ba!l. Pfrzer nperience forttler boss, said Laptewict is ..& . ~had come to a size where I was not areas of tbe ['NO wbsidiaries such as in sports medicine, whicb involves person of many interests. an intcr- comfortable running it anymore. ~ administration. rcsean::h an4 devel. rehabililating muscles. He said that CIties kind of guy. If you spend as Maurer said, ~I wanted to attract opment and service, and r=.uJted in maldles well ~th Empi's TENS de- eve.niag wilh him, you taft ofvan. somebody who would be comfort- SS peopl.e, or :5 percent o(the com4 vices. wilich ate used wieldy in mll5- etyofsubjec:ts." able running a $100 million com- bined companies. being laid off. cJerdlabilitatioa. , p;;my.H The combinl:d ClJrnpanies now have yptewicz's intetest, inchule man-- ~ Three presidents 1.092employces. "Its nice for me to have that kind of agemenl, beil'lS an inventor. bein~ a hook into the u:chnology and the professional musician and m . . , While Empi has had three presi- While the nCW' Slyle of tbe oombined marketplace [0 understand what's ke1ina. 4 dents over !he yean. Maurer was fIrms fit tbe corpora[e style of goincon ia that business, ~ Lapt:eMct: I~ing for someone with mon: big- Pftzer's domill<llnt pharmaceuticals added. For example. despite his technical i company e:tpenenc::e. The fonner business, Laptcwicz said it wasn't background. LaPtcwicz was II 5UQo : presidents "weren't general opera- well-suited to the fast-moving medi- Laptewic%. said he worn bcc:ausc he cetiiuJ manager. Scbulu said. "He's' tions people, and they'd never run cal dl:vice busil1CS$, which requires en;oysjt, very demanding. Some peopte.. Whil:: Laptewicz 'hu never be. mUlufacturing. research and devel. :a ti&h.t1y focused business approach . , .moan about it, and some pcotMe opmf:nl and illtemational sales op- to maintain close coota!;:t with chf: ~t lilce to come to work every day. like it. But from my perspective, he sa!CSlDan, he bas soaked 1J'p nae era.tlOns, ~ Maurer said. LaptewlcZ medical community. It'sfun.lt'sDotajob.~ engendered a lot of loyally. There of sening to doctor$. At Si;hnm Ita!:', was not a lot oftaJk behind his b:tct: he found himself in charge of sa "I believe ill lhe conce!'t of a rOo His new prnition at Empi 3.1$0 aJ. andsniping.allidthat'sagoodslp. ft and marketing. even though hcJ. But even if tbe Empl shoe fit cuscd business unit, and [ saw the 10~ him to stay in tbe Twin Cities, n.ot come up tbrou&h. tbe raub Laprewiu, the new jOb was an odd focus going away,'" said Laptewicz. where he moved in 1990 when he Laptewicz the chemical enJineenlso ....... turnabout for an e"C1:utive who had wlto characterized himself u ~a lit. was sent to Schneider u vice pre$i_ is an inventor with bis name on. I "My peno~lity is very sales orie' just presided over .Scheider's $66 He more of a maverick'" than vour dent and general manager of the eiaht U.S. pateJI.ts.. inclUding an arti- ed. TI;te way I bandled my jot. million patent infringl:ment suit averageprtzere"ecutive. . Stent Division. AlthOlJ.IIh he gm'I' up ficial ligament. a bolle cement for victory over SciMI:d Lifesystems of in MassacbusC'tls. and has traveled use ia replacing buman joints. and a Scbneider was,.. togetto"knowl; M~pleGroveea.r1iertbisy.ear. Bu' KeUy. woo.. Minneapolis-. widely - be pve up downbill ski. breathins tube used duriot some customer on a rtnl:-hand basis. .{', worked withjust about.all ouruj. Both Schneider and SciMed make based medical product head-hunt- ing after an accidenl in Switzerland cypes of laser throat surgery tbat n:P5"here. and J would e"pec:t to~ ing firm Empi hired, ,:ollsider(:d - Laptewicz said he likes thl: Twin .can't bedamaged b~ lhelaser. angioplasty cathelers that reopen Laptewicz to be exactly the kind 01 Cities and didn't want to leave to the same thiq at Empi," uPlI!-\IIIt< clogged heart arteries in lieu of open uecutive hisclie:nt neeUed. IindallOlherjob. Musically inclined ..... hean surgery. In March, Schneider l..1.petwicz spent part of his 20s as a LaptewiCl; said his mult\p:llfil'ltee won what analysts considered to be MI knew of him by reputation be- "r like the ambience and atmos- professional rhythm and blues a key patent dispute that pu' cause of t.he job hI: did with phere and the people in the Twin drummer in a band of no particular make h}m hard (or oth~r peopje ! SciMed a[ a disadvantage. Schneider USA. He deserves the Ii- Cities. .tuad I like Middle America. I n:nown. He is teaching hi, childre.D ""- on's share of the credit for turning like its values. I'm bringing up three how to play drums. and elcctmluc 4"m Dot your protocypicn an: But two months after that victory. tbat busine5$around," K;:;IlYS.1id. kids. ages 10, II and l J, and the keyboards. Schulze- also credits Pfizer cnQSl: to combine Scbneid(:r Twin Cities is a great place co bring Laptewicz with an incredible memo-- thing," he said. "You cu.'! put nl ryfor t 9605 music trivia. in a boll. because thctl!:'s no box 'tho l'mgoinsrofitlluo. .. -- . . . . ARDEN HILLS' . i'A good deal or investment into the unknown? ith a City Hall that's too small and a feeling that they're wearing out . their welcome in New Brighton's facility, Arden Hills leaders ponder moving into an aging, vacant building on the arsenal proper- ty. .. SHELBY NICOLAUS-DUNSKI The idea of using an existing building on the Twin Cities Anny Ammunition Plant s.ite as Arden . Hills City Hall is losing its luster among city officials. Silting around four gray, metal tHbles pushed together with the blare of a fan cutting through tlle noise of heavy traffic coming through the open windows, City Council members delmled the likeli- hood of moving into tlle building. Building 105, a two-story office being vacated by tlle army, with its high ceilings and old tiled floors, has changed little since tlle 1940s. Except for the alarming reddish- orange pHrtilions added in the 1970s, tile building remains tile , , same. But ii'S tile building's lack of i amenities that ha....:;; city official..:;; COI1- cerned. And a proposill 10 use tlle building in the interim while a City Hall is being built - which could Photo by Shf'lhy Nicolaus.Dun..l.:i last between 18 months and five ye:rrs - does nO! sit well either. Arden Hills City Council memhers debated in Building 105 at the arsenallast week whether the huilding would suffice a.s a City Hall PROPERTYlPll.ge II while a new City Hall is being built. . . . . Property/Building discussion to continue From page 1 Site development process "We think it's time that we got back into streamlined into new committee the community." SHELBY NICOLAus-DUNSKI - Denny Probst Shaping the future of the Twin Cities Army Ammunition Plant has been streamlined into a newly formed Rentilization Committee. "I'm nor impressed with this fadl- The committee was created following a meeting called last week by ity in that length of time," Council U.S. Congressman Bruce Vento for residents and organizations 10 air Member Dale Hicks said. their concerns regarding the arsenal property. The building has no air condition- The group will be charged with making recommendations for possi- ing. the phone system needs to be ble uses of the land, which takes up the northern third of Arden Hills. updated, it is not cable accessible The army is in the process of vacating the Iand,'representing 2.400 for taping meetings and city leaders acres of prime open space and potential commercial space; . are unsure how many furnishings Prior to the committee' s formation, the city andarr infonnaIgroup of will remain. resident' formed by Jobs For Peace worked parallel on the project. Hicks said the facility's upgrades Up until recently, the city and residents' group had worked on the would be a major expense. "More project without any communication between each other. than 1 would like to spend for 12 to It was a recent Focus News story regarding the lack ofrommunica-. 18 months," he said. tion in the project that broke the ice between the acting Mayor But acting Mayor Denny Probst Denny Probst said.", ' ' defended the idea; stressing the "I think we are both trying to accomplish the same goals andobjec- i importance of the city to continue tives," Probst said.;:'" " ' : its active role in the fate of the arse- A common understanding among those involved early in the proceSs I nal site. ~, Ihat the Reutilization Commillee will take over the planning respon~ "I think it's imponant for us to be sibility. , ';/ I a player out here," he said. "lllere will not be separate entities at the same time trying to I The city has been working on the plans," Probst said. 'i;/ ',., .'.' I future development of the arsenal But the city will continue 10 hvea role in the prOcess. '.' property, which comprises the "Ullimately, the city ha, planning and zoning control over (the prop-I upper third of Arden Hills, since the erty)," he said. army began phasing out it' opera- The committee is expected to develop a master plan within a year tion on the site last year. that would identify development areas on the site. And city leaders have been eying lm;Cnal property as a potential site The building "would "I guess I'm not ready to give up for a new City Hall and public on that possibility," he said. works building. Earlier tilis year, be an investment into The council agreoo to continue its city staff, burgeoning in the aging the unknown." discussion thL.;; month of moving building, moved their offices into into the building. Council members council chambers, forcing the coun- - Paul Malone requested further infonnation from cilto meet in New Brighton City stalI before that work session. Hall. For now, the council is teetering "We think it's time that we got council chambers to prepare for the on the issue. . back into the community," Probst Sept. 13 primary election, he s,lid. The building "would be an invest- said of the City Council meetings. Prohst believes the renovation ment into tJle unknown:' Council New Brighton officials "have costs for Building 105 could be off- Member Paul Malone said. been wonderful hosts, but 1 think set by the property taxes generated But Council Member Beverly they're getting tired," he said. by the old Cily HaIl property once it Aplikowski suggested the city move The council is having scheduling is vacated. lIe suggested the city in with minimal remodeling. conflicu; this month. for instance, continue to study the proposal to ... because New Blighton is using its move into the anny building. --- ------ u - -- - . .Q ::: N E , c ::: ~ ci. ~ .'" -0 G ..... 00 t: S:h ~ ~ ~ " - = rv .... .'" 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Dr. Peter Benson President, Search Institute of Minnesota Thursday, September 29 ,1994 7:00 - 9:00 PM Roseville Area High School Auditorium 1261 Highway 36 West Nationally recognized for his research, Dr. Benson will highlight the results from a recent survey of over 2,000 area students grades 7 - 12. Dr. Benson will . outline the attitudes, behaviors and needs identified by our youth and will compare our community results to national research. He will discuss key assets as well as common deficits that often get in the way of healthy development. Participants will learn: · the 30 assets of healthy youth · the 20 at-risk indicators . the influence of established values compared to peer pressure . the impact of community, school and church/ synagogue involvement . how communities can protect youth from at-risk behaviors Dr. Benson will identify the impact that families, extended families and commu- nities have on youth and will challenge us as community individuals, groups and partners to strengthen our efforts in supporting healthy youth. Youth, young adults, adults, parents and elders are invited and encouraged to attend. C~i\o. cate Co-sponsored by: St. Christopher's Episcopal Church . ~tee. ~\e\ a"a\.\a Roseville Area Schools Mayors' Commission Against Drugs K N 0 W ., . . Dedication cash in lieu of the land. Under the place on new development, it is subdivision regulations, cities often important to consider that government requirements for require developers to put in place may nol require <l person to. brive up a public improvements such as roads, constitutional right in exchange for a developments sewer, and water and then dedicate discretionary benefit conferred by the these to public use. government where the property sought cause new While these regulations are still by the government has little or no permitted, the United States Supreme relationship to the benefil. There must concem Court recemly issued an opinion which be "an essential nexus" existing requires cities to justify the conditions between the legitimate state interest imposed on developers. Although the and the permit or zoning condition. If CARL\HEYL U.S. Supreme Court was considering this essential nexus exists, the court ""'ill conditions placed on building permits then examine the regulation to under Oregon law in Dolan v. City of determine whether the degree of Tigard, the same rationale will be exaction under the subdivision regula- nder Minnesota law, cities applied to Minnesota cities in deter- tion bears the required relationship to can require subdividers mining that the conditions they impose the projected impact of the proposed requesting platting or on new development are justifiable and development. replatting of land to permissible under the United States What does an "essential nexus" and dedicate land for parks, Constitution. the "required relationship" mean to public open space, storm In considering what restrictions and specific cases in Minnesota? In the water holding areas or to contribute dedication requirements a city may Oregon case, the U.S. Supreme Court . Providing Public Finance Greater Protection-By-Annual Attention Solutions for Nearly A Proven Yearly Maintenance Half a Century Plan For Your Elevated . Represent issuers on compe@ve and negotieted Watertowers general obligation and revenue bond issues. . Coordinate capital improvement program preparation. Servicing Municipalities . Develop cesh flow modeling for capital projects. Since 1921 . Evaluate refunding and restructuring of bOnd issues. . Develop debt management policies. Watertower Paint & Repair Co., Inc. . Review economic development and "The Tank With the Red Roof" public/private partnership projects. . Assist in referendum approval of capital ProViding dependable service to municipalities since 1921 and offering the experience, skilled workmen, projects. adequate insurance coverage and the besl of equipment and materials to perform fhe highly speCialized trade 01 ~ SPRINGSTED painting and repairing elevated watertowers. Prompt servIce on emergency winter work. PUBLIC FINANCE ADVISORS Interior Inspection By Color 65 East Seventh Place, Suite 100 Video Camera Available. Saint Paul, Minnesota 55101-2143 Area Code PO Box 67 . (612) 223-3000 515-357-2101 Clear Lake. Iowa 50428 Saint Paul- Milwaukee-Minneapolis-Kansas City-Washington, DC Member of American Waterworks Association - _______m_____ I I In the Oregon case before the L'.5. found that preventing flooding and Cities must now be able to specifi- reducing traffic congestion are legiti- cally articulate their reasons for Supreme Court, the city did not mate purposes, The essential nexus imposing conditions on any particular attempt to DJake any indi\'idualized existed between preventing flooding development. Certainly, standards determination to support the require- and limiting development within the stated in the subdivision regulation will ment that the landowner leave 15 . creek's floodplain. The essential nexus give guidance for the need of requiring percent of her property as open space, also existed between traffic congestion public dedication for necessary public and dedicate a public greenway in the reduction and providing alternate improvements and open space. But flood plain when a private greenway means of transportation such as bicycle cities will be required to articulate and could also have been an effective flood paths. justify the particular street, park land, control measure. The city also failed to In Minnesota, cities should be able to sewer, and water conditions proposed meet its burden of demonstrating that meet the essential nexus requirement on particular developments. the additional number of vehicles and by enforcing their present subdivision Minnesota courts have also been bicycle trips generated by the develop- regulations as they have in the past. In requiring cities to make clear their ment was reasonably related to the general, the essential nexus test would findings in zoning matters, so the U.S. city's requirement for the dedication of be met if the city has a legitimate Supreme Court's requirement for a pathway easement. The Court stated public purpose in reducing the findings should not be that onerous to the city must quantify its findings negative effects of development and cities. Proving the need for specific beyond a conclusory statement that the the regulations are geared to merely development dedication requirements pathway dedication could offset some reducing these negative effects. also should not be very difficult for of the traffic demand generated by the However, the second question may cities. This new zoning requirement is development. (See also Legal notes, be the more difficult one to answer in somewhat analogous to cities having to page 26.) determining whether the required prove special assessments for individual Under these guidelines. Minnesota condition bears the proper relationship lots, and show that the burden imposed cities must be able to state with some to the projected impact of the pro- on the property owner does not exceed particular specificity, the reasons for posed development. The city must the benefit granted by the city', action. requiring subdivision dedications and have findings sufficient to justify the Arguably, the same standard will be regulations to particular development conditions imposed through the applied in determining that the burden proposals in order for their actions to subdivision regulations, There must be of the subdivision requirement does be constitutional. a "rough proportionality" between the not exceed the benefit tathe deve1op- Carla Hey] is senior staff attorney city's conditions as they relate to the ment by the subdivision requirements. with the League of Minnesota Cities. impact of the development. No precise mathematical calculation is required, . but the city must make some type of A PREVENTIVE individual determination that the APPROAC.H TO required dedication is related to the PUBLIC LAW. proposed development's impact. This determination must consider both the nature and extent that the condition will impact the proposed development. The United States Supreme Court views this test as "a reasonable relation. AnticiPating problems is a critical aspect of ship" test. This is the same standard our government practice. OUT attorneys that the Minnesota Supreme Court has applied in approving subdivision assist clients in applying strategies to regulation and exaction. In theory, the minimize risk and avoid liabilil)'. We regulations Minnesota cities impose meet the U.S. Supreme Coun standard, se-nJe public clients wit/; ~-ensitiz,'itJ ttJU'ard because they have met the reasonable costs and with a desire to help KIJ1/ernmems relationship test used by the Minnesota function more effeait1dy. Call Suesan Lea Supreme Court. However, the U.S. Supreme Court Pace for more inftrmatitm. requires findings by the city to show the 6123334BDD reasonable relationship bet\;;een the city-imposed condition and the proposed development. Minnesota POPHAM HAlK courts have not previously required cities to have written findings justifying SCHN08RICH 8< KAUFMAN. LTD. the conditions imposed or to articulate the specific reasons the conditions are Z22 SCUTM NINTH STREET. SUITE 3::JOC required. MINNEAPOLIS, MN SS4Q2 . .tI 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 August 31,1994 TO: Mayors, Councilmembers, Managers, Administrators, Clerks clo City Clerk FROM: James F. Miller, Executive Director 9..:- fY1 ~ SUBJ: League of Minnesota Cities 1994 Regional Meetings Again this year, the League of Minnesota Cities will hold twelve regional meetings to bring city officials together from throughout Minnesota. At these meetings current policy issues will be considered, as well as practical questions concerning the problems you face. We cordially invite you to attend a regional meeting and to join in our discussions. . This year, the League's regional meetings are scheduled in Two Harbors, LaPrairi€, Randall, Worthington, Wabasso, Morris, Newfolden, Callaway, Cokato, Lanesboro, LeCenter, and Lindstrom. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:00 p.m. and cover issues of local and statewide importance. Also planned are briefings on investment strategies for small cities, an update on League services, tort liability limits, and major city issues for the 1995 legislative session. The social hour is scheduled to begin at 5:00 p.m., followed by dinner at 6:00 p.m. The evening program will include a presentation of "LMC 2000: Service and Leadership", a video presentation on the Open Meeting Law, and a multimedia presentation on the new Ethics law. I hope you will be able to join us at one of our regional meetings. If you plan to attend, please RSVP the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. . AN EQUAL OPPORTlJNITY!AFFIHMAl'IVE ACTION EMPLOYER ------ ,6121490.5600 1.POO.925.1122 plus yourCllycode TDDi6121490.9038 Fax '6l2! 490.0072 --. -----..---..--.- - -----..----..- ----.--- 3490 Lexington Avenue North . League of Minnesota Cities St. Paul, MN 55126-8044 1994 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:45 p.m. Investment strategies for small cities 2:45-3:00 p.m. Update on LMC services 3:00-3:15 p.m. Break 3: 1 5-4:00 p.m. Tort liability limits -how much liability coverage do cities need? -what's happening on tort limits in the courts and in the legislature? 4:00-4:30 p.m. Major city issues for the 1995 Legislative session 4:30-5:00 p.m. Questions & Answers--"What's Happening in Cities" . EVENING PROGRAM 5:00-6:00 p.m. Social Hour 6:00-7:00 p.m. Dinner 7:00-7:15 p.m. Introduction by Jim Miller, LMC Executive Director Welcome by Host City Mayor 7:15-7:50 p.m. LMC 2000: Service and Leadership--What do you think? 7:50-8:05 p.m. LMC video--Open Meeting Law 8:05-8:15 p.m. Discussion on video--Jim Miller, Moderator 8: 15-8:30 p.m. LMC President's message--Chuck Winkelman, Mayor, St. Cloud 8:30-8:40 p.m. Multimedia presentation on the Ethics Law 8:40-9:00 p.m. Discussion and questions about new ethics law and how it affects. city officials--IGR staff AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (6121490-5600 1-800-925-1122 plus your city code TDDI6121490-9038 Fax1612i490-0072 - ----- WHAT'S GOING ON?! FALL 1994 Here's what's happening this faU at NORTHWESf YOUTH & FAMlLY SERVICES (NYFS): o 1994 OUTSTANDING SERVICE TO YOUTH AWARDS - Nominationfonns will be available in September. Awards will be presented January 27. 1995 during a Community Social to be held at the Shoreview Community Center. To request a nominationfonn or for more information contact Kathy Lucas. o NYFS THIRD ANNUAL HAUNTED HOUSE - October 26.27.28. and 29th. Funher information and location will be available in October. Contoct Perry Lofquist for more iriformation.. o WORKING WITH ASIAN YOUTH AND FAMTLIES - NYFS and Mounds View Public Schools will be sponsoring this conference to be held Wednesday. November 30. 1994 from 8:30 AM to 3:30 PM at Rubeno's Conference Center in Vadnais Heiglus. CEU's have been applied for with the Boards of Social Work and Marriage and Family Therapy. Child Protection. and P. O.S.T. For more infomuJtion contact Perry Lofquist or Larry Mazzitello. o SOCIAL SUPPORT GROUP FOR GA Y. LESBIAN. B1SEXUAL. AND TRANSGENDER YOUTH - We are staning our third year of this suppon group which is open to any youth who is gay. lesbian. bisexual. or transgender. are questioning their sexual identity or are caring friends. Contoct Tuha Kehnfor time. place, andfunher information.. Ii) IN-HOME SERVICES PROGRAM - Nonhwest Counseling Center is now offering intensive home-based services to eligible children. adolescents andfamilies. For more information contacr Rick Colund. o NORTHWEST TEEN HEALTH CENTER - is pleased to annoUllCe that we are now offering immunization services. All THC services are available to youth under the age of23. Those 18 and under are eligible to pay aflatfee of $5.00for most office visits. Sliding fee scale is available. Call m-0193 for more i'!formation or an appointment. ~FOR FURTHER INFORMATION: 636-5448 NORTIIWEST COUNSELING CENTER NORTIIWEST TEEN IIEAL TIJ CENTER COMMUNITY SERVICES DMSlON REfl.ECTIRESI'ECT PROGRAM ---- , FEATURE . The "Riggins Rules": SUGGESTED Do's & DON'TS FOR THE CONDUCT OF PUBLIC HEARINGS AND THE DEPORTMENT OF MEMBERS OF BOARDS, COMMISSIONS, & OTHER BODIES by Fred Riggins 1, Don't accept an I ne\'er out of place. The appointment or nomma- [Eduors Note: The "Rj~ins Rules" were brought to my attention I people m the audience tion to a Board. Commis- by Bev Moody Bev spent 26 years wilh the Citv of Phoenix Planning , thmk you are a very SlOn, or CouncIl unless you Dcpanmcnl before moving to his curren! position with the Arizona imponant person. Don't expect to attend 99 9999 Department of Comme,a. D"ring thai time he knew the late Fred disappoint them by your percent of the regular and Riggins, a former ChaIrman of ehe PhoenIX Planning Commission and I appearance, conduct, and special meetings. including author of these 'Suggested Dos c:~ Don'ts" (since re,tillcd the 'Riggins atntude. inspection trips. bnefings Rules" in hIS honor]. Bev Moody notes thai the Riggins Rules have been I and public functions where left jusI as Fred Riggins wrole them In 1967 "because in thclr bluff. S. Don't mingle with your presence is expected. crusty, no. nonsense style, the man himself shines through.' As Bev fur- friends, acquaintances, if your panicipation falls ther explains, "you may nOlice thai MI: Riggins did nOlfollaw the pnn, I unknown applicants or eiples of non-scxistlanguage ,hae prevail/oday ... please be forgiving below 85 percent during , objectors in the audience as he was raised in and wrote these in less sensitive times _ and it I before the meeting or dur- any six months period, doesn't detract from the good advice he offers. " you should tender your We'd very much like (0 get some /'CaellOn from you, our reade", (0 ing a recess period. if it can resignation. You aren't any of the Riggins Rules that particularly st>ike you - ones that you be politely avoided. You . doing your job. Your aren't agree with or ones you disagree with. Or, perhaps you"Ye had an expe_ will invariably create the keeping well enough , rience that relales to one of Riggins' observations. Please take a few impression with the unin- informed to make imelli- I minules to jot down your commenl(s) and mail them to us al: P.O. Box formed that there is some- gem decisions, and you are 4295, Burlington, VT 05406, or FAX them to: (802) 862.1882J. thing crooked going on. making other people do especially when you Vote your work for you and favorably on the case of the assume your not inconsid- I , applicant you were seen erable responsibility. Your they have ever been descend at the exact hour, I conversing with. When the i effectiveness and the regard Involved. Many will never and the hearing begin, if other fellow's case comes gIven to your opinions by be back again and many there is a quorum. If you up and you deny it, he other members will be in will never have another have to wait ten minutes says, 'Well, it's easy enough direct ratio to your anen- such comaCI and experi- for a quorum and there are to see that you've gotta dance. ence. Your performance 100 people In the room. know the right people If will create m their minds the straggler has wasted you ever expect to get any- 2. Do create a good the picture which they. will two full working days of where around here." Save impression or city gov- always carry With them of someone's time besides cre. your socialL:ing and frater- ernment. Remember Lhat "the way the CHY 15 run'" ating a verr bad beginning ni:ing for some other tIme this is the first imponam Make it as pleasant and for what is a vety impor- and place. Contact that many of the -comfoning a picture as tant occasion for mas! of people in the audience possible. those present. 6. Don't discuss a case have had With the adml[;lS- privately and a5 a Single . tration of their CHY and for 3. Do be on timc. If the 4. Don't dress like a bum. member of a body with an some thlS is the most hearing is scheduled at Sh3\'e, wear a tie, and applicant or objector prior imp('\fUnt rnJtln In '.~.~lCh 7:30. the gO\"e! shcluld remember that 3: coal is to thc filing ond prior w l' l. \ '". ~, " l; C l' \1 \j 1 .., :- I t 1 " L l~ ;. J l) l H '~ A L ".L\lSER I J I \\" I :\ T E R I q lj -T ~ - . . the heanng if J[ con be 7. Do your homework. clearly understood by a the neighborhood Jnd tell politely a"olded. In the Spend any amount of lime majority of persons sitting us If there is any truth m event that it is not avoid- necessary to become thor- on hearing bodies. this rumor?- The same able, and many limes it tS oughly familiar with each It is not too dlfficultto result IS accomplished, the not. be ,'ery non-commit- maller which IS to come phrase ones questions or information IS brought out tal, don't be too free "mh before you. It IS grossly comments in a manner that and made part of the ad\1ce, and by all means unfair to the applicant and implies that you are seek- record and you don't look explain that you are only to the City for you to act ing infonnation rather than I as if you are leading the one member of the body. on a matter" 1th which stating an irrefutable fact , attack to secure defeat of that you ha"e not had an you have no previous and that your mind is I the applicants request. opportunity to study the knowledge or with which closed to further argument. I matter thoroughly, that you you are only vaguely famil- I 9. Don't fail to disqualify have not seen the staff rec. iar. And you will make One does not say, "I hap- I yourself if either directly ommendation. and that some homble and disturb- pen to know that the appli- or indirectly you ha,'e any you have no way of know- , ing decisions. cant has no intention of financial interest m the I ing what opposition there I placing an apartment outcome of the hearing, .y develop or what wiil 8. Don't indicate by word building on this site. In and let your conscience be I or action how you intend fact, it has been sold sub- your guide where it could occur at the public hearing. I to vote during the portion ject to zoning and the pur- be said that moral. ethtcal, Be certain that the person of the heanng devoted to chaser intends to put a political, or other consider- concerned understands presentations by the appli- mobile home park here if ations, such as personal that you cannot commit cant, presentations by any he can get a special per- animosity, would nOt per- yourself in any manner. persons appearing in mit: Rather than this, one mit you to make a fair and except to assure him that objection. and comments could say. "We have been impartial decision. he may expect a falr and by members of the staff. furnished With some mfor- impartial heanng, Even if In disqualifying yourself, the case looks pretty good During this period your mation whICh indicates do not state your reasons to you, it IS "15e to be pes- body is the judge and the that perhaps your plans are inasmuch as the mere stat- simlstic about his chances jury and It IS no more not tOO firm regarding the ing of your reasons can be of securing opproval. If you appropnate for you to development you propose construed as exerting give him =my encourage- express an opmion as to In fact, there are some who undue mfluence on your menr and ~my advice and the proper decision. prior arc concerned about a fellow members. To a,'old he is then demed. he will [0 heanng all of the teslI- rumor Ihat the property is all accusations of undue hate you unl1l your d)1ng mony, than it would be for being sold and that the mfluence. It 1S generally day and tell e"eryone m a Judge or jury member to new o'mer planned to put wise to lcave the room and [Own that he did JUSt exact. announce his firm con\'ic- a mobile home park at thiS ask that the record show ly what you wid him to do tion in the middle of a location. if he can secure that >'ou did so and that and then. like a dirty dog. court tnal regarding the the necessary permit. you did not mdlCate by .au voted Jg~inst him. guilt or Innocence of the Would you care [0 com- word or actlon whether defendam. This IS not mem on this concern of ((l1'l/lI'lUl-J (I~ r)t'xr f1l1,~l r l..\ -...: " I .... c; CO\I\llSSIO'ER::- JOL-R~:\l I '\ L 'v1 B E R t 3 I \\ I :\ T E R I ... '.Jo i p~ .~;)-, 13. Don't intcrrupt a pre- dunng lhl" ,,-OUrsl' ~)! the thl:lf 1.licnt::-, :4,YlIIC the "Riggins Rules" Strol1t~ lL'mp~~[Jl)n tl..) ITIJkc t;'Il(1t!lkd fron; l'll.\t" J scntalion unltllhc yues- hl':lrinH This Includes " . ~ matters as difficult as POS4 lion pcnod. except lor vcry audience. appilcants. mem- you were m f~1\.or of. or short and IIccc>sa,)' darify- bers "f your particular sible for them. They are opposed lO, the malter ing remarks or queries. . body. c\-cn If the person just mono 10 make a li\ing . undcr discussion. . " Most applicants have' concerned is your brother and must connnce their 10. Do rotate the seating arranged their remarks In a or your best fnend. clients that Ihey are really earning the rather substan- in some regular manner logical sequence and the Nothing, rcpeat nothing cre- lial fee whtch they feel each successive meetlng to thing about which you are ales a more unfavorable their sel'\oce merits. prevent J .'strong'" member so concerned wtll probably tmpression on the pubhc from gradually dominatmg be co\'ered if you can force than Ihts practlce. It is 19. Don't indulge in per. a "weak" and indecls,,'e yourself to be quiet for a poor "heanng manners. - sonalities and don't permit member always seated next few minutes. You can destroys the formailty of anyone else to do so. lO him. This will also pre- wreck hts whole case by a Ihe occasion. and makes vent the formmg of ilttle lona senes of unnecessary the uninformed cenain 20. Don't try to make the " cliques or a not mfrequent questions at lhe wrong that some son of "buddy- applicant or any other grouping of members to tIme. He wtll be your buddy deal" IS about to be person appearing before the left of the Chair who enemy forever. consummated. If you JUSt you look like a fool by the always oppose those to the can't bring yourself to call- nature of your questions or right of the Chair. regard- 14. Don't permit more tnO' someone Mr. or Mrs., remarks. ThIs is often a " less of the merits of the than one person at the use the third person form temptation. especially case to the "reat demment podium and microphone at and call him "the apph- when it IS apparent that ' " of the applicam. the City anyone time. cant." or "the person who someone is being slightly and other interested par- is objecting," or "the gen- de\ious and less than ties. 15. Don't permit a person tleman (or lady)." who is fonhrtght m his testimony . 11. Do be polite and to directly question or appearing here in connec- But don't do it. If you must interrogate other persons tion WIth this case. "e:,:pose" someone, do it as impartial; as helpful as in the audience. All ques- gently and kindly as possi- possible to the nel'\'OUS, the Hons should be addressed 17. Do show great ble. frightened and the unedu- to the Chair and to the respect for the chair, cated, and patient ...ith the hearing body. When this always addressing the 21. Don't become confused. person has finished his dis- Chairman as "Mr. Chair- involved in altercations. cussion and stated the man," "The Chairman." or Some persons seem to 12. Do be attentive. questions to which he "Chairman Jones: and come to heanngs with the Those appearing before would like to have always wail to be recog- express purpose of "'telling you have probably spent answers. then the Chair nized before continuing. them guys dO\\l1 there how hours and hours preparing will permIt those who care This will set an example for the cow ale ,he cabbage." If and rehearsmg their argu- to make an answer to come applicants and others \\lsh- you answer thelf irrele\"ant ments. The least you can forward and do so. but ing to be heard and wIll rantings, you are immedi- do lS listcn ond make them only voluntarily Do not contribute a great deal atelv Im'ol\'ed In a fight. think th.::u you are as imer- permn anyone to demand i toward lhe orderliness of I eSled as you should be. answers to all and sundry I the proceedings. DonOt answer or try to Refrain from talking to quesllons. especially if it IS defend yourself. You are there to hear testimony and other members. passmg ob\iously done for the 18. Don't be critical of notes and swdymg unrela[- purposes of harassment. attorneys who sometimes make deCISIOns based ed papers. feel impelled to giw thereon. not to head up 3 . 16. Don't use first names unnecessarily lengthy pre- debating sOCIety Rcmem- in Jddrcssina anyone al (Ill scmallons on behalf of ber, you are the Judge ;:md '" . r l ~ l R :\ .4. L ! '\ L \1 H [ R I l I \\ ! "\ T E R ~ u \4 -f I'l '\ '\ r..... l,., (. ~) \1 \1 J ' " . l) '\ f: R " ~ , ..J tilL' Jur:, in most C1St:~. It IS unccruJn ;1bcJllt wh::lt is tressed. Be sympat hetlc. regul.:1li~~ns, POil-:1CS, Jnd sufficient to say.-lhJnk ~\)U gl)ing ~m. The conn:rsatl\.m but obJectl\'e. ond don't get practIces dt.:\'ck)pcd by you \'cry much for commg here usually does not get earned away with such a and your predecessc'rs. The and glnng us the benefit of recorded, cannot be heard slrong deme to help lhat recommendallons af a .your thinkIng [ am sure by the audience, and IS you throw the rule book good staff m possessIOn of that the members of thIS almost ImpossIble to con- oUl the window. "inety. all the facts wtll almost body wdl gIve your trol from the Chair. nine limes Out of a hun- always produce a technical. remarks serious consldera~ dred you will do them ly correct recommendation, tion when they are making 25. Don't become some questionable service their mdl\1dual determma- involved in neighborhood i at the expense of their Your Job is to temper this recommendation WIth tions on the mems of thIS quarrels or wina up as the neighbors or the City and mformatton de"eloped case. Is there anyone who referee even if you are a your kind-hearted action during the heanng which wishes to be heard?" vemable Solomon. No will come back to haum was not a,'adable to the maner how faIr or impar- you much sooner than staff. lr is not unusual for a 22. Do imite interested nal you should be. both anyone could M,'e imag- persons to come forward sides will be mad at you. ined. Stick to the rules. staff to voluntarily reverse where they can see when Stick to the merits of the I or change the detads of its an applicam is discussing case and rule out-of-order 28. Don't assume the role recommendatton during or talking from a diagram, testimony which is irrele- of a fairy godfather to the course of a hearing. site plan, or exhibit which "am, personal, hearsay, and I those who have become Always announce the staff is not ,"sible to the audi- not pertinent 10 the maner involved in bad busmess recommendation prior to ence. being heard. deals or other self.imposed hearing any testimony and dHliculues. always make appropriate 23. Do not permit people 26. Don't be vindictive mention of it in the final to speak from the audi- and "punish" the applicam 29. Do not fail to give a deCIsion. ence. If it is imponant for some real or imagined re3Son when making a 31. Don't forger rhat rhe enough for them 10 speak affront to vou or vour Bodv motion for appro"al or I ' , , sraff is there to help you at all, lt is Imponam I on some pre,ious occa. denial of an applicams in any way pOSSIble. It is enough for them to be rec. sion, perhaps bearing no request. If you fat! to do ognized. come forNard. relation to the presem this, the applicant, any composed of ,'ery capable give thelr name and hearing. It must be objectors, a reviewing body professional people with address and say what they assumed that he is there of higher authority, or the vast e'''perience. Lean on care to. if theIr remarks are I legally, he has a right to be courts may well assume them heavily They can pull peninem. , heard, and he has a nght to i that your decision was an you out of many a bad spot if you give them a chance. a fair and lmpamal hearing I arbitrary one not suppon- 24. Do not permit people on the mems of his presem ed by the facts and should Or they may just sit and let to leave the podium and case without reference to be reversed. Always men- you stew, if you do not give microphone and approach somethIng whIch he might tion the staff recommenda- them the respeCt which is closer to the heanng body or mIght not ha,'e done in tion. theIr due. except in unusual ClrCUm- the past or wiiI perhaps do Remember that theIr usual stances. usu311>' to sho\\" a In the future. 30. DO'not take stafT rec- practice is 1.O remam silent smali exhlbll or '0 explam ommendatjons lightly. unless they are specifically , some detat! ThIS ardinarily 27. Don't try to be a hero These recommendations ] asked to commem. Mast af breaks dOIl11 m", a small to beautiful women, [inle are made after much study them canslder It presump- mumbling sessil..-"n at one aId ladles, widowed moth- by professional people wuh luaus and unprofessional end of the daiS with one or ers \I,'j[h tiny infants in years of experience in their to inject any unsoilcited .wo members of :hc hear~ their arms'. and the finan- field and are based on per- commentS into the hearings. i ng body: the l)thcrs are Clally and SOCIally dls- linen! laws. ordinances. ! COnr!/ilh'J {'I; next 11dgC r L .-\' " "\; 1 "\ G CO\I\.lJS"IO'ER<';' J (l l R:\ ,-\ L i '= L' \1 R f: R I] \\ 1 \: T E R 1 y u. -i !fl' >~-~ "Riggins Rules" 33. Don', try to case your word or Jl'twn. \,l\"('r the 38. Do sit down and havc u1l1/1f1Ut'd)lom flu..\:,( : 5 conscience and lOS5 [he outcome ,,A J ,",)[c. This is a long 54,)ul searching ses- Always ask them l0 "'m- applicant a bone by grant- very bad heanng manners sion with vourself If vou . , . ment pnor to the fil131 ing him something less and won't lead to thc mam- find lhat you are ,onsis- \'orc. than he asked for, some- tenance of a fnendly co. tently "out in left field." thing he doesn't want. and operattvc SpIn! among lhat no one seems inclined 32. Don'ttr)' to answer something he can't use. In , members of a Body. It WIll to second your profound technical questions e\'en all cases where it is appro- i lead to the creatton of linle motions. and that you are if you are sure that you priate, give him whac he cliques whose members qUIte often a mInority of know the answer. You asked fa,' or deny it. To do vote 10 a block and become one, You might be theoreti- probably don't and W!1l otherWIse wilt only encour- more interested 10 clobber- cally nghl. and probably wind up lookmg like a age applicants to ask for ing each other than in ! are. but give some thought fool. Refer lhese matlers to the "moon and the stars" in making fair and equitable to what is practical, possi- the staff. That is one of lhe the hope that they wIll. at deciSIOns. ble, and Just Don't be things they are there for. the worst. get the mini- "stiff-necked" in your opin. They have intimate day.by- mum requirements. A rep- 36. Do discourage any i ions. Give a little. . day workIng experience Ulation for approving or post-mortem remarks by with all peninent ordi- den}ing applications as applicant, objectors. or 39. Don't select chairmen nances and can nearly filed will result in much members after the final on a seniority basis alone always give a timely, up-to- more realistic requests and vote and decision is and don', pass the office the.minute, professional make your job much easier. announced, especially along from member to dissertation on any subject those afterthoughts member as a reward and in their field. And besides, 34. Do vote by roll call, designed to reopen the honor. The nicest guy in it makes them more impor. except for routine adminis- case. It will invariably the world, the hardest tant and helps create an trative matters. This is result in an unpleasant working. the most interest. . image of competency wonderful character train- wrangle, JUSt say, "I'm ed and your most valuable which is most helpful in ing for each member of the sorry, but the final decision member can be indescrtb" assuring the public that body and emphasizes the has been made, If you WIsh ably horrible In the Chair. their case has received "moment of truth" when to submit additional testi- This is just one of those more than a cursory glance he must look the applicant mony, it will be necessary faCts of life which is hard and an arbitrary decision. in the eye, make his own for you to state your rea- to explain, but, unfonu" Lay members of a hearing individual decision, and sons by leuer and the Body nately, alllOo true. say "aye" or "nay" in a loud will decide at a subsequent body who "explain" ordi- clear voice, all alone, with meeting whether or not As occasion presents itself, nances to the audience no one to hide behind. The they wish to reopen the give prospect,,'e chairmen usually wind up lhelr less a chance lO preside, head alternate voting method is case. The next case on the than accurate remarks with difficult for the Secretary to agenda will be -." up a sub-commIttee, report the pretty lame comment, record, doesn't mean any- on special projects, and "That's the way [ under- thing on a tape recording, 37. Do not hesitate to otherwise prepare them- stand it and if I am wrong, selv'es and demonstrale is many times quite con- continue a case or take it I would appreCIate lt if the fusmg. and gives cO\I,,'ards under advisement if more theIr abilitIes and leader. staff would correct me." an opportunIty to change mformation or greater deli- ship under pressure, . The staff usually does cor- their minds and \'ote tWIce berallon is truly necessary, reet them, and ordinanly at when they are caught in but do not use these ad- some length. Don't tr"r to i . the minonry. ministrntive actions merdy show how sm.1rI you are, i to avoid or delay making a . because you"re not. 35. Don't show any dis- deCIsion before a hostile pleasure or elation. by applicant or audience. r 1 " i ...... l; c [) \1 \1 I ~ :-. I l1 '\ F R .., JPL'R:-';AL I '\ l' \-1 H l R ! 1 \\- j ..... T [ R I <..l '-l of r-"" i=-C.;),' - ------ , 1 ~ . .. . . . --;,,--~,-; ,"-',", . Tri-City repeats :,J::;L""'!P'M . ' , ";;';@;:;;"!'(zifi\,:tsf advances to !!...,!",,......,,,"')? x:_:~~:f'_:~_,%.Wj1!~j~_::,:,;:) region tourney ;,tt1WtWj(.Y; .:t.ffd~.R~ ""'%1:"'''&''''., P 12 zilw.";;l)f!';;'L\ age"'!'It,ww,.l& '1WAi,@: WMjfuF'" i~_:;!~\::"'iW~;~ A-\;{fut:*l_-:-_;;';'\< JQ',;;!ry "iiJ"',;F):;i!Mii01i%1iii/';!in7' TJI'Jit~lih Single Copy 40' Ph P.O. No. 377900 senal talk Re-use is meeting topic Congressman Bruce \\:nto will host an Aug. 30 meeting to discuss the future of the Twin Cities Army Ammunition Plant in Amen Hills. The meeting will be held at 6:30 p.m. in Building 105 on the Arsenal grounds. Vento said the meeting will include ~"u,.,_"^,,,,,__,,,,"_....,m .--,..,-.- representatives of fOOeml, state and local agencies, including the Army, which owns the property, and the Environmental Protection Agency and Slate . Pollution Control Agency, which are overseeing a multi-millioo dollar cleanup of gromxIwater and soil pollution 00 the sire. U.s. Sens. Dave DutellbwJ!er and Paul WeDslOlle have also been invited Earlier this year, the city of Amen Hills beld a series of Ibree meetings as an initial step in pianning for the futnre use of the AIsenai pnpe:ty. The Army has placed the 2,500-acre facility in a ~caretaker smlUS~ and is in the process of dismanlling ma;t of . the equipment and buildings. "It is my inlelltion Ul bring rogether all the pal1ies responsible for and interesled in the release and re- . use of the land at TCAAP Ul begin waiting with one : anotber Ul resolve this vital and complicau:d matter of re.use," VenUl said in a press release. The entrance Ul Building 105 is tbrough Gate No. 3 at the Arsenal, which is across from Scherer Brothers Lwnber on Highway 10. ... Election time Absentee ballots available Absentee ballots for the Sept. 13 primary election are now available fum Ramsey County. Ballots can be picked up in pe=n at Ramsey County Government Center - West, Suite 7Tl. 50 . W. Kellogg Boulevard, St Paul, or received by mail by calling 266-2171. To be counted, compleled absentee ballots must be received in the mail by the county no Ialer thou Sept 13. ResidentS Clll vote in person on an absentee ballot by coming to Ramsey Coumy Government Center- The New Brighton F Wcst Suire 722, 50 W. Kellogg BoulevarU, Monday. offices, plan to ope Friday, Aug. 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V) c.VlEt.B ~ - NO 0- ~u ~E. ~ iQ) <.EE~o .~~~, -~u V~._ OJ:) 9 \00 0 0 0 ~ ~ 0\ -:s- c:::l.~ ~ ~ v; Vi .= a..=.cU.,E '-~ ~ ~ s .- c..~ (.) bQ.~ to> ~ 8 O~:::l_C C6O~_~1Il ~oo:tO >.>, C'!:' v ._""'"' III c::l-~ '(0-:8 ~~~~u.r1-~ ~~Q).s8~!;> = U;~r-i:d"E~~ e.8 ~,~~< a.g.~-;'E 5 ~ ... r- - ~:.= ~ 0 I :-e a 0\ E ~ j: c .;:: 0 "Q. O-""7v:t~ v,._.c _~"' - --"_ uU ~ i):; ~U"Ul..~ ~~Q 6ln ~.~ rJJ. i= .J::; co 0 c -5 -;.~ 0 t:: -5 5.. ''''It cr:: <5 c::l"O ::l_lU::..,......Et::l..... -c ~ - .8~co~c::;-v--c..o ci0'7co t.... Z .0 c::l U "0 .!2..~ ~ Vl ~ -5 '- c:: c::l S V) -5 .a Ch' :s ........ .- 0 .- Cl.. ~ 5 & Vl ~ U)~!'SO 0 u . '0 ~ C ...: 1- ~ VJ t: E' g r5 3 ~~ c _ (.) ~ Q) "o-EB~--=~_c 0(1)2.5 C) -s.. ~ c ~ ~ g.].: g.s -;; .~ .2..'8. 5 ~ 8. 0 -- - "0 '0 ::1._ Vl ~ E u:' U ~ C or. ~ V1 _.- \0 >.. :.... 0 ~ ..:V)o; 8.:.2 co;; E..V> >,oc::_ ....... ~ s. c. ~ ~"'O-~ ~!- () E >. > - ~ ~ w () -" -' 0 - ~ CfJ Ct:M"O 0 =..:'0 .S:ePt:_c';Ig >..... 0-, ~ ~ O'~.E 5 v; Q.. 6 x '- ,~ Vl;::f'i~lo..t:?-: CJ:=;~ U~O"C '! .= ~ -' () 0\- cO II: == -5 ~v: C) .... c ~ F o.~ 5. ~ < C t": EO"': "'0 0 " ~ E..__.....=~.~t: -t:i-~:':o. . ~""'~=-8u-.g.::l o:::E . ~ -5, B- ~ <' E ..g ~ "C 8 c.. E 8 .. <....:......:. CITY OF ARDEN HILLS . 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 SEND TO: ~ - &-tU-ur~ FAX# {33 - 3W", PHONE # 033 -56 7fc MESSAGE FROM: ~ ~ve -- ~~ DATE: q/~ TIME: q:/S""'" I . NO. OF PAGES, INCLUDING THIS PAGE :J-' NOTES: i~~~ ~~ aJ-1'Xvu ~~ . ~ *** IF YOU 00 NOT RECEIVE ALL THE PAGES, PLEASE CALL *** . PHONE: (6121 633-5676 . FAX (6121 633-7839 CITY OF ARDEN HILLS . 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 Do VLDf- puJ>u"s.t- j FVI. SEND TO: f;Cu5 FAX. # 5"1/- 10;2.& PHONE # c'33-9P7b MESSAGE FROM: -K.(~ ~ DATE: q/~ TIME: '7 :/0 , . NO. OF PAGES, INCLUDING THIS PAGE P-- NOTES: ~"-r ~.~ ~~ 0.+ ~~Q~ JL-> *** IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL *** . . . PHONE: 16121 633-5676 . FAX 16121 633-7839 --.----.-.-------- '~ . AGENDA ARDEN Hll.LS CITY COUNCll. MEETING NEW BRIGHTON COUNCll. CHAMBERS MONDAY, SEPTEMBER 26, 1994, 7:30 P.M. 7:30 PM I. Call to order/roll call 7:30 PM 2, Agenda adoption 7:35 PM 3, Approval of minutes a, August 31,1994 WorksessionMinutes b. September 12 Council Meeting Minutes 7:40 PM 4. Consent Calendar a. Street Improvement Payment - Ashbach Construction, Inc. b. Lexington Avenue Bike Path MaintenancelSealcoating c. ClaimslPayroll 7 :40PM 5. Volunteer Recognition - Resolution 94-45 a. City Beautification Volunteers, City Advisory Committees and . Commissions, Election Judges 7:40PM 6. Employee Recognition - Resolution 94-47 7:45 PM 7. Public comments 7:50PM 8. Unfinished and New Business. a. Approval of Ordinance #297; Amendments to Chapter 18, Arden Hills City Code b. Planning Case Approval I. Case #94-22; Site plan review and lot consolidation - Recommendation to approve St. Volodymyr and St. Olga Ukrainian Orthodox Church's request for a Special Use Permit. 2, Case #94-19; Zoning Ordinance Amendment and Approval of Ordinance #299. 8:45 PM 9. Administrator Comments 8:50 PM 10. Council comments 9:00 PM II. Adjourn The above times may vwy depending upon length of issue discussion. . --------- ---- . ~ .- . CITY OF ARDEN HILLS MEMORANDUM DATE: September 23, 1994 TO: Mayor and City Councilmembers FROM: Dorothy Person, City Administrator SUBJECT: Administrator's Notes for week of 9-19-94 I. UPDATES A. There has been a question whether the Council, as a Public Meeting, can conduct public business on October 10, which is Columbus Day. The City of Arden Hills does not recognize this date as a holiday for City business; it will be business as usual. Attached is Minnesota Statute 645.44; subd 5, The last five lines of the first paragraph indicate that where Columbus Day and the Friday after Thanksgiving is not a holiday, public business may be conducted, . So the Council would normally hold its public meeting; however, any change is possible per your needs, II, AGENDA HANDOUTS A Minutes: 1. August 31, 1994 Worksession Minutes 2. September 12 Council Meeting Minutes B. Consent Calendar: 1. Street Improvement Payment - Ashbach Construction, Inc. 2. ClaimslPayroll 3, Lexington Avenue Trail Maintenance/Sealcoat - Payment of $2,000 from Public Works Road Maintenance C Volunteer and Employee Recognition 1. Resolution 94-47 - Employee Recognition 2, Resolution 94-45 - Volunteer Recognition a. Volunteers will be in attendance. . . . 2 III. NUSCELLANEOUSHANDOUTS A. Memo regarding training manual for new Councilmembers B. Minutes from the Finance Committee, August 25, 1994 C. Log of Investmentffreasury Transactions D. Memo from Coralie Wilson, North Suburbs Community Television E. League of Minnesota Cities Registration form and informational flyer re: "Community and Police: Sharing the Vision and Building Minnesota's Future". F. Memo from League of Women Voters re: the Landmark Series G. Memo from Ramsey County League of Local Governments re: Home Rule Charter Amendment Regarding Park, Recreation or Open Space Land and Facilities. H. Newspaper articles that pertain to the City of Arden Hills. . . - _______.___u__ .392 11393 INTERPRETATION OF STATUTES 645." 645.43 EFFECf OF REPEAL ON UMITATIONS. ..pealed. 'uthority When a limitation or period of time, prescribed in any law for acquiring a right ~.laws in or balTing a remedy, or for any other purpose, has begun to run before a law repealing jing the such law takes effect, and the same or any other limitation is prescribed by any other .e provi- law passed at the same session of tbe legislature, the time wbich has already run shall be deemed a part of the time prescribed as such limitation in such law passed at the same session of the legislature. History: 1941 c 492 s 43 ,hall not DEFINmONS OF WORDS AND PHRASES 645.44 PARTICULAR WORDS AND PHRASES. Subdivision I. M.....ings ascribed. The fOllowing words, terms, and phrases used in Minnesota Statutes or any legislative act sbaIl have the meanings given them in this din tbe section, unless another intention clearly appears. be con- Sub.!. la. AppeUate courts. "Appellate couns" means the supreme coun and the 1er sucb conn of appeals. Sub<!. I b. Chair. "Chair" includes chairman, chairwoman, and chairperson. Sub<!. 2. Court adminis!nltor. When used in reference to coun procedure, "coun administrator" means the coun administrator of tbe coun in wbich the action or pro- ceeding is pending, and "coun administrator's office" means that coun administrator's ",ed to office. ow sliall Sub<!. 3. County, town, city. When a county, town or city is mentioned, without any ;nner as particular description, it impons the particular county, town or city appropriate to the matter. . Sub<!. 3a. {Repealed, 1976 c 44 s 70J Sub<!. 4. Folio. "Folio" means 100 words, counting as a word each number neces- sarily used; if there be fewer than 100 words in all, the paper sbaIl be computed as one . or sets folio; likewise any excess over the last full folio. awand Sub<!. 5. Holidays. "Holiday" includes New Year's Day, January I; Manin Luther repeal King's Binbday, the third Monday in January; Wasbington's and Lincoln's Binbday, t auni- tbe third Monday in February; Memorial Day, the last Monday in May; Independence 1Strued Day, July 4; Labor Day, the first Monday in September; Christopber Columbus Day, r cases, tbe second Monday in October; Veterans Day, November II; Thanksgiving Day, the :Tecon- founb Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January I; or Independence Day, July 4; or Veterans Day, November II; or Christmas Day, December 25; falls on Sunday, tbe following day sball be a boliday and, provided, when New Year's Day, January I; orlndependence Day, July 4; or Yet- IT. erans Day, November II; or Christmas Day, December 25; falls on Saturday, tbe pre- longer ceding day sball be a boliday. No public business shall be transacted on any boliday, except in cases of necessity and except in cases of public business transacted by the leg- islature, nor shall any civil process be served thereon. However, for the executive branch of the state of Minnesota, "boliday" also includes the Friday after Tbanksgiving , but does not include Christopher Columbus Day. Other hes of state government ., and IiticaJ subdivisions shall have tbe option 0 determinin whe er nstop er Columbus a and e Fnda a ter an g1VlDg shall be Oldays. Where IllS eter- mined at olum us ayor e n yater an mglS bOlloay, publlc .CTED tlUSlDess may be conducted tbereo~ --. Any agreement between a public employer and an employee organization citing Veterans Day as the founb Monday in October shall be amended to cite Veterans Day ,"ttbe as November II. dinto Sub<!. 5a. Public member. "Public member" means a person wbo is not, or never . code. was, a member of the profession or occupation being licensed or regulated or the spouse . of any such person, or a person wbo does not have or has never had, a material financial . . CITY OF ARDEN HILLS, MINNESOTA WORKSESSION MINUTES AUGUST 31, 1994 4:30PM - TWIN CITY ARMY AMMUNITION PLANT CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the City Council worksession at 4:40P.M. Present: Councilmembers Beverly Aplikowski, Paul Malone, and Dale Hicks; City Administrator Dorothy A. Person; City Accountant, Terry Post; and Recording Secretary, Kim Moore-Sykes. ADOPT AGENDA MOTION: Councilmember Malone moved and seconded by Councilmember Hicks to adopt the August 31, 1994 work session agenda as submitted. Motion carried . unanimously (4-0). Agenda Item #3a. Council Chambers - Review of potential interim meetings space at Building 105, TCAAP. A. Discussion of the temporary use of the TCAAP facilities for the Arden Hills City Council Meetings. 1. The facilities are not "cable - ready". Live broadcasting from the facilities is not currently possible. Meetings could be taped and replayed at a later date. 2. There was a discussion about the feasibility of using the TCAAP facilities for Council and worksession meetings. General agreement was that while they would be a good interim facility, the facilities would not work for an extended period of time. , Current City Hall facilities are not adequate because: ~. a. space needs exceed what is available at the current site. b. extensive costs involved in repairing current facility. 4. Possible sites for a new City facility were discussed. Some ideas included: a. Site west of Bethel College - This site is large enough to accommodate a City Hall, but not the Public Works garage. . The preference is to have both facilities together on the same site. . 2 b. Arden Plaza c. Building site on the TCAAP property - A decision to build on this site will depend upon the recommendations of Vento's reutilization committee. These recommendations will take time to develop and will be subject to the upcoming election results. d. Lexington/Fox area e. Round Lake area f. Army Reserve Center g. Building on the current site B. Discussion of the selection and building processes for the City facilities 1. Will need to recall the design committee. 2. Work with Vento's reutilization committee if Council decides to pursue building on a site at TCAAP or to renovate a standing building at TCAAP. 3. Whatever decision is made regarding the City facilities, it was agreed that the Council and Staff must be move to the same site. 4. Need to be aware of cable accessibility when deciding on a site as there are only so many approved cable sites. C. Considerations that need to be addressed if a decision is made to use TCAAP as . an interim facility while more permanent facilities are being planned and developed. l. Time frame should be 12 - 18 months 2. Will the remodeling expense be too great for 12 -18 months? Would spending this money be more appropriate if relocated City facilities for 3 - 5 years? a. air conditioning b. telephone and computer cable installation c. cable ready for broadcasting on Cable TV. d. partitions for offices, conference room, council chambers e. Out buildings for Public Works - cost to reconnect to utilities; remodeling to make useable. , How much would the lease or user fee be if Council and Staff relocated to Y. TCAAP? We may need to look into the possibility of trading services, i.e. snow plowing. 4. Cost of providing a gate at the back of Building 105 to maintain security of the property. D. Need more financial information regarding utilizing the facilities at TCAAP for City facilities. . ------------ , . . 3 Agenda Item #3b. Review and approve of County Tumback Planning. A. Ramsey County has requested that municipalities let them know when they will be turning back streets/roads. B. Terry Maurer, MSA reported that 3.8 miles of roadway are to be turned back to the City. County has presented four options to the City regarding roads to be turned back to Arden Hills: 1. Level 90 - Seal coat or recycling a. turn back to City 2. Reconstruction - a. County would contribute a percentage of reconstruction costs to the City based on their formulation. 3. Municipal State Aid designated roads a. Won't apply 4. Swap roads/streets - "One for One" a. not feasible . C. County Road F and Stowe Avenue 1. Level 90 and Reconstruction are only appropriate options a. County will pay 100% of their portion of reconstruction costs b. County will guarantee 10-year window of opportunity but will pay at 1993 conditions/rates. c. City can receive MSA funds for reconstruction. d. County road F - 1. With State Aid, County funds and several City funds, monies would be available for road reconstruction. e. Stowe Avenue - County will sealcoat/recycle to level 90. f. Recommendation - Maximize MSA funds for use of road reconstruction on. County Road F. D. Council discussion resulted in a general consensus to pursue road reconstruction of County Road F and Stowe A venue in 1995 - 1996 because more funds are available now. . E. Guests, Messrs. Kasse and Helm addressed the Council regarding their concerns about the cost of special assessments for reconstruction of Stowe A venue. . . . 4 l. Signatures of residents of Stowe A venue presented stating they prefer the County's offer of recycling of the road. 2. Kasse and Helm do not believe there is a need for the new curb and gutter that would be installed as the result of reconstruction. C. Council advised that the residents will still have to pay a special assessment with the County's offer of recycling. Advantages to reconstruction: l. Reconstruction with curb and gutters preserves the road edges so that they do not crumble and fall away. 2. Curb and gutters control storm water drainage/runoff. No erosion of the roadside. 3. New Brighton will be reconstructing their side of Stowe and it would make more sense to have both sides looking the same. D. Staff directed to look into funding and reconstruction costs. Agenda Item #4 - TCAAP Video A. Discussion regarding the spending of money to produce a video history of . TCAAP from film footage taken over the years. l. Council agreed that it is a worthwhile project as the film will be very informational and will be a legal document. MOTION: Councilmember Hicks moved and Councilmember Malone seconded to adjourn the work session. Motion carried unanimously (4-0). The work session adjourned at 7:00 PM. . - -- ------------- - - ----.--....----- ---.-------.----------------.- --- , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1994 TWIN CITY ARMY AMMUNITION PLANT, BUILDING 105 7:30 P.M. CALL TO ORDERIROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Probst; Councilmembers Beverly Aplikowski, Dale Hicks and Paul Malone. Also present were: Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Park and Recreation Director, Cindy Severtson; and Recording Secretary, Deanne Gueblaoui. ADOPT AGENDA . Mr. Post informed Councilmembers that attachments related to item Nos. 6b(2)(a)(b) were not included in the Council packet and requested that these two items be removed from the agenda. MOTION: Hicks moved and Malone seconded a motion to adopt the agenda for the September 12, 1994 City Council meeting as revised. The motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES - JULY 21. 1994 WORKSESSION AND AUGUST 29 1994 REGULAR COUNCIL MEETING July 21 1994 Council Worksession Page 4: Malone stated that item e. under Budget, should be Rice Street. Page 5: Malone stated that the fIrst sentence in the paragraph after Sl:ction k. should state that staff indicated they had received inquiries from a number of interested parties for future recycling. Page 7: The last sentence of the first paragraph should state that Mayor Probst does not . believe that the street needs to be widened for the turn lane. , . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 2 MOTION: Aplikowski moved and Hicks seconded a motion to approve the July 21, 1994 Council worksession minutes, as corrected. The motion carried unanimously (4-0). Au~st 29 1994 Rea:ular Council Meetin~ Page 1: Malone noted that Councilmember Aplikowski should be addressed as Acting Mayor. MOTION: Hicks moved and Aplikowski seconded a motion to approve the August 29, 1994 City Council minutes, as corrected. The motion was unanimously approved (4-0). CONSENT CALENDAR MOTION: Malone moved and Hicks seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). . PUBLIC COMMENTS There were none. UNFINISHED AND NEW BUSINESS APPROVE PRELIMINARY LEVY RESOLUTION NO. 94-42 Malone commended staff for an admirable job in putting together a budget without a significant increase. One of the key points in this budget is the provision for sinking funds for capital equipment for City general operations and fire equipment for the Fire Department. The increase of 4.9% is reasonable. The Mayor stated that he is also very pleased with the City's financial status this year and commended staff for their work. MOTION: Hicks moved and Malone seconded a motion to adopt Resolution No. 94-42 stating the proposed sums of money to be levied for levy year 1994, payable in 1995; and set the Truth-in-Taxation hearing for November 30, 1994, at 7:30 p.m., at the Twin City Army Ammunition Plant, Gate 3, Building 105, Main Floor Conference Room; and set the continuation hearing, if needed, for . December 7, 1994, at the same location at 7:30 p.m. The motion was approved unanimously (4-0). . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 3 PLANNING BETHEL COLLEGE CASE NO 94-20- APPROVE SITE PLAN AND PARKING LOT EXPANSION Fritsinger stated that Bethel College has submitted an application and site plan to reconstruct and expand the parking lot on campus. The parking lot is located on the east side of the campus and currently holds approximately 100 parking spaces. The primary reason for the work is the need for additional parking on campus. Also, the condition of the lot is in need of repair; and this is an opportunity to take care of both needs. The expansion will be 26,000 square feet of space. The number of parking spaces will increase to 184. No curbs or catch basins are included. All size and area requirements are in compliance with the City's zoning ordinance. The Plarming Commission expressed some concern from a safety perspective about the lack of lighting. There will be one overhead light and one light adjacent to the stairs on the side of the parking lot. The applicant has stated that lighting is under study for the entire campus, and that issue will be addressed. There is an NSP easement, and NSP has reviewed the plans and approved the improvements as proposed. There is wetland adjacent to the lot, and Rice Creek Watershed District has issued a permit for the project as proposed. There are 30 mature trees that will be removed. Twenty will be relocated elsewhere on campus. The Planning Commission has reviewed the application and unanimously approved it, as submitted, at their September 7, 1994 . meeting. MOTION: Malone moved and Hicks seconded a motion to approve Case No. 94-20, a site plan for a parking lot expansion at Bethel College. The motion was approved unanimously (4-0). UPDATE - RFP AND RFO FOR TCAAP PLANNING CONSULTANT Fritsinger stated that the proposal staff has prepared outlines the scope of services for the next step in planning for the use of the TCAAP property. At this time it would be appropriate to search for a qualified consultant through an RFQ (Request for Qualifications) advertising process. The City would not want to make a proposal for the property until the intent of Congressman Vento's reutilization committee is clearer. One of the difficulties in [mding a qualified consultant is that there are not too many other locations where a similar study has been done. The is a very unusual undertaking and a qualified expert consultant will be needed. He agreed with the Plarming Commission that the RFQ process will allow the City time to prepare information while finding out who is capable of providing assistance. Aplikowski asked if a time line has been put on this project. . Fritsinger stated that is his question to Councilmembers, when the Council would like to review qualifications. ----- . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 4 The Mayor suggested advertising the RFQ for 30 to 40 days so that someone could be on board within 60 to 90 days. The first meeting of the reutilization committee is in October. Malone concurred and questioned if the advertising would be done through the American Planning Association. Advertising will have to be nationwide. Fritsinger stated that there are two options for advertising. The first is to advertise through the Association which has a monthly magazine, although he is unsure of the timing for their next publication. They also have a journal every two weeks that advertises projects and could be used for this purpose. Hicks stated that consultant fees will cost a large amount of money and asked to what extent this activity would fit into the purpose of the reutilization committee. He expressed concern about taking on the fmancial responsibility associated with hiring someone to study this issue and being accepted by the reutilization committee. How will the City pay for this service? He is concerned that City money will be spent without 100% of the benefit coming to the City. Mayor Probst stated that from his perspective and given the information currently available, no one else is bringing money to the table. As this process continues, it will be acknowledged that Arden Hills ultimately has responsibility for planning and zoning this property. The City needs . to stay out in front and establish itself as a lead agency in regard to these issues. There is also a need for caution not to be presumptive. Aplikowski stated that she has no problem with the concept but does have a problem with the time line. It is not necessary to bring someone on line before January 1, 1995. The committee will not move very fast during the election period. The City does not need to have someone on board that fast. Mayor Probst stated that consultants would not have a problem with a 30-day response time. Fritsinger stated that the word travels fast in the consultant community. Within two days he had five or six phone calls from people requesting to be added to the list. It will not be a problem for those firms to submit a proposal quickly. Malone stated that this is a process of soliciting qualifications for someone to step in and help the City with this process. This person will not necessarily be offered to the committee but will be present to represent the City and allow the City to interface with the committee and the Army. Hicks suggested finding out who the planner was for Joliet, Illinois Army facility. MOTION: Malone moved and Hicks seconded a motion to direct staff to proceed with circulating Requests for Qualifications on a nationwide basis for firms available . to provide consulting plan services for the redevelopment of the Twin Cities Army Ammunition Plant, with a deadline for receipt of applications set for the vicinity . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 5 of November I, 1994, allowing for staff discretion. The motion was unanimously approved (4-0). PUBLIC WORKS COUNTY ROAD E STRIPING - DISCUSSION OF LANE CHANGE AND STRIPING Winkel stated that this item is a follow-up to a previous discussion with Ramsey County Traffic Engineer, Dan Soler. Last month the Public Safety Committee approved plans for two traffic lanes and one center turn lane and is recommending that the Council approve this plan for striping this section of County Road E. There will also be an off-street bike path in the future for that section of roadway. Ms. Pauline Hass and Ms. Janeen Kajer, who live on County Road E, attended the Planning Commission meeting and gave very helpful input about the traffic problems in this area. Residents would like to see the speed limit lowered to 30 mph. Mayor Probst asked if the issue of widening the street is resolved. Winkel stated that the Commission felt that is a financial decision that should be made by the Council. The striping is critical to traffic flow, but they would not be opposed to widening the . street. Hicks asked if Mr. Soler has made any changes from his previous presentation to the Council, with the center lane and two bike paths phased out for fOUT traffic lanes. Winkel stated that to his knowledge, that plan has not changed. Mr. Soler believes the plan should remain as he proposed it. Hicks stated that it is his recollection that Mr. Soler is agreeable to two lanes across the intersection of Johanna Boulevard with bike paths marked on either side. Winkel stated that he will pass the Council recommendation on to Mr. Soler to keep the bike paths. Hicks stated that he has received two phone calls from County Road E residents stating that since the bridge has reopened, the speed of traffic is approximately 10 mph faster. He would like Mr. Soler to look into this issue independent of the striping issue. Malone agreed with striping one lane eastbound from Old Snelling Avenue and two westbound lanes. Mayor Probst asked the curb width. . Hicks stated that there is a 14-foot center turn lane and two 12-foot paths. The road is 42 feet . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 6 wide from the top of the curb. Mayor Probst stated that he believes the lane width will be workable. The engineer has latitude on the widths. The lanes could be reduced to 12 feet and the paths to six feet, so the road would not have to be widened. The right turn lane could be striped without taking out the bike path. Mayor Probst asked Ms. Kajer, who was present, if the direction the Council is taking will be acceptable to the residents. Ms. Janeen Kajer, 1434 West County Road E, stated that she and Ms. Hass have talked to many residents on County Road E who agree that something needs to be done because there are small children on that road. They do feel that this approach will help. They have expressed concern about a lower speed limit. The speed was 40 mph and was only lowered to 35 mph after a school girl was hit. She asked if there is any way to have the Ramsey County speed machine placed in the area. The machine flashes driving speeds, as vehicles pass through. Winkel agreed to request Ramsey County to put the speed machine at that location. Hicks stated that enforcement is the issue. Cars are traveling 10 to 15 miles over the posted speed limit. If traffic would travel the speed limit, it would be safer and more tolerable for . residents . MOTION: Hicks moved and Malone seconded a motion to approve restriping on County Road E between Highway 51 and Old Snelling Avenue as per Dan Soler's plan with the modifications shown on the drawing at the intersection of Johanna Boulevard and Old Snelling Avenue; and that the sensors at the intersection be moved as necessary without widening the intersection. The motion was approved unanimously (4-0). Aplikowski stated that the downtown area of any town does not have a speed limit over 30 mph. , and she would have no problem requesting a lower speed limit in a business district area. After further discussion, it was the consensus of the Council not to request a speed reduction on County Road E at this time but request that the speed control machine be placed in that location. HAMUNE A VENUE SEALCOA TING Winkel stated that 1994 budget funds are available for sealcoating. He requested approval for sealcoating for Hamline Avenue from Highway 96 to Floral Drive. Malone stated that there are cracks and trenches on Hamline. The sealcoating will not fix the . trenches. He would assume the project will cost more than $15,000, and he would have a hard time supporting this request this late in the year. He would recommend that sample borings of . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 7 the trenches be taken for testing and have the cracks sealed. Mayor Probst noted that according to City Engineer Mauer, the problem of trenches is not common to this part of the country. Winkel agreed and stated that for whatever reason every truck and car drives on the same path on that road. Possibly striping would help redirect driving pathways. Milling the entire road would take care of the problem. Malone asked how the cracks would be sealed. Winkel stated that a rubberized sealer would be used which other cities have used successfully. This time of year is a good time to seal cracks because in the cooler part of the year the cracks are widest. Hicks agreed that sealing the cracks would be appropriate. If the road is turned back to the county within a year, it will be in reasonably good shape without the expense of sealcoating. It was the consensus of the Council to proceed with sealing cracks on Hamline Avenue. Mayor Probst asked if Hamline is part of the turnback. . Winkel stated that the County would like to turn back Ham1ine Avenue and County Road F from Lexington to Hamline Avenue. Mayor Probst asked if the City's mileage of streets would be reduced. Winkel answered, yes. ROAD TURNBACKS FROM RAMSEY COUNTY Winkel referred Councilmembers to Mr. Terry Mauer's letter to the City, dated September 7, 1994, in the Council packet. Staff is requesting approval to pursue a turnback agreement with Ramsey County. If the Council agrees, a proper resolution will be prepared for the first meeting in October. The list in the packet will be presented to the County as shown, if the Council chooses to prioritize turnbacks in this manner. Hicks stated that the letter dated September 7, 1994, captures the Council discussion and he concurs with the plan as presented. Malone agreed and stated that it is in the City's best interest to pursue this agreement. MOTION: Hicks moved and Malone seconded a motion to direct staff to initiate discussions with Ramsey County on a proposal regarding tumback jurisdiction on County Road F, Stowe Avenue reconstruction, Hamline Avenue, Ingerson Road, and . Lake Johanna Boulevard, pursuant to Mr. Terry Mauer's letter dated September . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 8 7, 1994. The motion carried unanimously (4-0). Malone asked the status of reconstructing Cannon Avenue. Winkel stated that Cannon is among the top three or four priority streets for reconstruction work. If County Road F and Stowe are done, Cannon will not be done next year. ADMINISTRATOR COMMENTS There were none. COUNCIL COMMENTS Aplikowski noted that Valentine Park looks good. She expressed concern about the ground leveling and water that is standing. She would like to see it drain before the asphalt is put in. Otherwise, the water will puddle on the asphalt. Also, she reminded staff to put an outside electrical outlet on the building. . Hicks asked if there is another way to enter the Freeway Park on County Road E. Severtson stated that there is access from the south end on Glen Arden Road. Mayor Probst asked if it would work to put up volleyball nets when the four hockey rinks at Freeway Park are not in use. Severtson stated that there was discussion about paving that area of the park. She did not see a problem with volleyball nets. Mayor Probst asked the reason for not allowing parking by Freeway park. Severtson stated there has not been a need because there is not much use of the upper end of the park by the playground. Malone noted the rate raise of 5% by the Board of Water Commissioners. Mr. Post stated that the increase is $.05 on the first one million cubic feet of water. Arden Hills is able to take advantage of Roseville's wholesale rate, and the increase is less than 5%. Malone stated that the Board has hired a full-time public relations person, and he would hate to see a rate increase pay for that salary. He would also not like to see a metering system that the . Board has proposed. . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 9 Winkel stated that the intent for the additional staff person is to solicit more customers. Mayor Probst stated that he had requested staff to prepare a formal resolution identifying the City's appointee (himself) to the reutilization committee for TCAAP. He read Resolution No. 94-43 : MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution No. 94-43. The motion was unanimously approved. Mayor Probst requested Council consideration of Resolution No. 9444 which would also appoint the Chairpersons of the Planning Commission, Park and Recreation Commission, Finance Committee and Economic Development Committee, or representatives of those committees. Those names would be sent to Congressman Vento as part of this nomination process. Aplikowski noted that the deadline for submitting nominations is 5:00 p.m. the following day. Chairpersons have not been notified of this nomination. There were also volunteers who wish to participate at the meeting. MOTION: Malone moved and Hicks seconded a motion to authorize staff to contact the Chairpersons of the major City committees to nominate anyone who may be . interested in serving. The motion carried unanimously (4-0). Aplikowski asked about staff participation with their expertise. Committee people may not be up to speed, and the Council has eliminated people who came to the meetings and want to participate. Malone stated that the meetings are public and anyone can attend. Anyone who wishes to fill out the form and send it to Congressman Vento is welcome to do so. Mayor Probst stated that he attended a Metro Crime meeting sponsored by the Mayors of Minneapolis, St. Paul, Crystal, Woodbury, Bloomington, Eagan. It is their clear desire to raise the public's awareness and talk about the fact that crime in Minneapolis is not just their problem. While he is not worried for Arden Hills, it is an issue to watch because possibly the lack of crime in the City has more to do with luck than preventative efforts. The biggest problem is juvenile crime. Mayor Probst reminded staff of the correspondence regarding the Amble Drive storm sewer. The possibility was discussed of inviting residents to a Council worksession. Winkel stated that a letter has been drafted, but he is not sure if the City Administrator has sent it. He will follow up and make sure it is sent to the Mayor for signature. . Mayor Probst noted the need for a public hearing on the animal control ordinance. . . ARDEN HILLS CITY COUNCIL - SEPTEMBER 12, 1994 10 Fritsinger stated that there was a change in the ordinance which will be reviewed by the Planning Commission on September 25, 1994. It will be brought to the Council in October. Mayor Probst noted that there are two candidates for Mayor and two candidates for the two Council positions with one day left to file. MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 8:44 p.m. The motion was unanimously approved (3-0). Dennis P. Probst, Mayor Dorothy A. Person, City Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held September 26, 1994, at 7:30 p.m. at New Brighton Council Chambers, at 7:30 p.m. . . ---------- Ii- I~I~ - · COXSULmG ENGINEERS September 12, 1994 File: 520-047-30 Mr. Dan Winkel City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 C". i: E,'~c.',: ~:!\"G RE: 1994 STREET IMPROVEMENTS PARTIAL PAY ESTIMATES :.., ..'....\..:., Dear Mr Winkel: ,\/,.'j;\','C,',C'A: Enclosed are three copies of Pay Estimate No. I for the referenced project. Based upon the O~A\\:i\'G work completed to date, the total amount of this pay estimate is $172,989.90 and the retainage from this amount is $8,469.50. This work includes the construction up to and 5iRL;=C,~,?;,: including the installation of concrete curb and gutter and the placement of the majority of the gravel base. .)L!~\'(\!I\jv Based upon discussions with the Contractor today, the most recent construction schedule calls rV,F,rc for the paving of Bussard Court this week and the completion of all driveway and boulevard restoration within the next two weeks. The final lift of bituminous pavement will then be iP;',\5?o.~:;,rs,,', placed upon completion of all restoration to allow for a clean, unmarred street surface upon completion of the project. If this pay estimate meets with the Council's approval, it would be appropriate to make payment to Aschbach Construction, Inc., in the amount of $164,340.40. Please contact our office if you have questions or require additional information regarding this project. Sincerel y , 1326 Energy Park Dr;" 51. Paul, MN 55108 612.644.4389 Fax: 612.644.9446 GJS:tW:047-1215.scp 9800 Shelard Parkway Enclosures . Minneopalis, MN 55441 cc: Ms. Dorothy Person, City Administrator 612.546.0432 Fax: 612.544.6398 PARTIAL PAYMENT ESTIMATE , NO.1 FROM: JUNE 1, 1994 -- TO: AUGUST 31, 1994 . CONTRACTOR: ASHBACH CONSTRUCTION, INC. ADDRESS: 229 OLMSTEAD, ST. PAUL, MN 5510, OWNER: CITY OF ARDEN HILLS, MINNESOTA PRO-JECT: 1994 STREET IMPROVEMENTS (521l-047-30) COMPLETION DATE AMOUNT OF CONTRACT: ORIGINAL: ORIGINAL $ 331,521.36 REVISED: REVISED $ CONTRACT ITEMS TOOATE liTEM NO. DESCRIPTION UNIT QTY; UNIT AMOU><r PRICE I SCHEDULE 1.0 STREET IMPROVEMENTS 1 MILLING SY 275 3.25 0.00 0.00 0.00 0.00 2 COMMON EXCAVATION CY 3800 5.05 3,000.00 15.150.00 3.000.00 15,150,00 3 SUBGRADE EXCAVATION CY 4800 5.00 4,800.00 24,000.00 4,800.00 24,000.00 . SELECT GRANULAR BORROW (CV) CY 4800 5.55 4.800.00 26,640.00 4,800.00 26,640.00 5 4" DRAIN TILE LF 6050 1.25 4,400.00 5,500.00 4,400.00 5.500.00 6 SUBGRADE PREPARATION RDSTA 38 129.00 38.00 '.902.00 38.00 4,90200 7 CLASS 5 AGGREGATE BASE TN 5470 6.65 5,000.00 33,250.00 5,000.00 33,250.00 .: 2331 TYPE 31 BIT. BASE COURSE TN 1650 19.70 O.DO 0.00 0.00 o.ao 2331 TYPE 41 BIT. WEAR COURSE TN 1300 23.75 0.00 0.00 0.00 0.00 10 TACK COAT GAL 690 1.20 0.00 0.00 0.00 0.00 11 CONCRETE CURB & GUTTER - 6618 LF 7640 5.85 7,000.00 40,950.00 7,000.00 40,950.00 12 6" CONCRETE DfW RESTORATION SY 785 2705 0.00 0.00 0.00 0.00 13 2" BITUMINOUS DfW RESTORATION SY 525 15.80 o.ao 0.00 0.00 0.00 1. SODDING SY 8500 2.15 0.00 0.00 0.00 0.00 15 ADJUST MANHOLES EA 21 171.00 0.00 0.00 0.00 0.00 1. ADJUST CATCH BASIN EA " 47.00 0.00 0.00 0.00 0.00 17 CONSTRUCT CATCH BASIN EA 3 796.00 3.00 2,388.00 3.00 2,388.00 18 1S" RCP. CLASS III LF 541 31.80 541.00 17,203.80 541.00 17,203.80 19 ADJUST WATER VALVES EA 1 116.00 0.00 0.00 0.00 0.00 20 STORM SEWER REPL. CASTINGS EA 3 315.00 0.00 0.00 0.00 0.00 21 CONC. VALLEY GUTTER SF 150 3.40 150.00 510.00 150.00 510.00 22 RECONSTRUCT CATCHBASIN EA 11 318.00 0.00 0.00 0.00 0.00 23 RECONSTRUCT MANHOLE EA 2 636.00 0.00 0.00 0.00 0.00 2. SUBGRADE STD. PROCTOR TEST EA 1 17.00 0.00 0.00 0.00 0.00 25 SUBGRADE IN-PLACE DENSITY TEST EA 8 18.00 0.00 0.00 0.00 0.00 2. CLASS 5 GRADATION TEST EA 3 70.00 0.00 0.00 0.00 0.00 27 CLASS 5 PROCTOR TeST EA' , 70.00 0.00 0.00 0.00 0.00 26 CLASS 5 IN.PLACE DENSITY TEST EA 8 28.00 0.00 0.00 0.00 0.00 29 CONC. CYLINDER (SET Of 3) EA 10 55.00 0.00 0.00 0.00 0.00 30 BIT. EXTRACTION TEST EA 2 65.00 0.00 0.00 0.00 0.00 31 BIT. GRADATION TEST EA 7 60.00 0.00 0.00 0.00 0.00 32 BIT. CORES IN-PLACE TEST EA 7 18.00 0.00 0.00 0.00 0.00 33 BlT. NUC. DENSITY TEST EA . 139.00 0.00 0.00 0.00 0.00 . EXPOSEDAGGREGATEDNV SY 0.00 0.00 0,00 0.00 T SCHEDULE 1.0 STReET IMPROVEMENTS_TOTAL 170.493.80 170,493.80 520041-1.wk4 520-047.20 ---- CONTRACT ITEMS THIS PERIOO TOTAL TO DATE . ITEM NO. DESCRIPTION UNIT QTY. UNIT QTY. AMOUNT QTY. AMOUNT PRICE . SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS 1 PULVERIZING/PLACING PAVEMENT SY '2490 3.00 0.00 0.00 0.00 0.00 2 REM. REPLACE CURB & GUTTER LF 240 11.45 218.00 2.496.10 218.00 2,496.10 3 2331 TYPE 31 BIT. BASE COURSE TN 250 20.85 0.00 0,00 0.00 0.00 4 2331 TYPE 41 BIT. WEAR COURSE TN 250 24.90 0.00 0.00 0,00 0.00 5 ADJUST MANHOLES EA 3 171.00 0.00 0.00 0.00 0.00 9 ADJUST WATER VALVES EA 1 119.00 0.00 0.00 0.00 0.00 T SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS-TOTAL 2.496.10 2.496.10 TOTAL AMOUNT THIS PERIOD 172,989.90 TOTAL AMOUNT TO DATE 172,989.90 DESCRIPTION TOTAL THIS PERIOD TOTAL TO DATE SCHEDULE 1.0 STREET IMPROVEMENTS-TOTAL 170,493.80 170,493.80 SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS-TOTAL 2,496.10 2,499,10 TOTAL THIS PERIOD TOTAL TO DATE . [OUNT EARNED $172,989.90 $172,989.90 FOUNT RETPJNED sa.649.SO $8,949.50 ~MATERIAL ON SITE $0.00 $0.00 $0.00 $0.00 !MATERIAL DEDUCT. i IPREVIOUS PAYM~NTS $000 , : MOUNT DUE $164,340.40 $'64.340.40 . 520047.1.wk4 520-047-20 -------- ---------..---.--- . I hereby certify that all items and amounts shown by this pay estimate are . correct for the work completed to date. CONTRACTOR: ASHBACH CONSTRU~ BY: % -~/ TITLE 1Jt~ DATE: ~ Based on the ENGINEER'S on-site inspections as an experienced and qualified design professional and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his knowledge and belief, that the quantities shown by this estimate are correct and that, based on such inspections and review, that the work has progressed to the point indicated (subject to an evaluation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s); but by recommending any payment, the ENGINEER will not thereby be deemed to have reviewed the means, methods, sequences, techniques, or proceedures of construction . or safety precautions or programs incident thereto or that the ENGINEER has made any examination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lein, claims, security interests or encumbrances, or that the Contractor(s) have completed their work exactly in accordance with the Contract Documents. ENGINEER: MSA, CONSULTING ENGINEERS t BY ~~L< TITLE: ~ ~~~EJ(:__ DATE: '1 ~-4> q,\ Approved by Owner/Commission CITY OF ARDEN HILLS, MINNESOTA 7 j)~ a2J/ BY: . TITLE: ;J" It, y).,.,i'; _ <:;~,.;/\ k.--k f DATE: #/~ ?Y r . CITY OF ARDEN HILLS RAMSEY COUNTY RESOLUTION NO. 94-47 RESOLUTION TO RECOGNIZE THE DEDICATION AND SERVICE GIVEN TO THE CITY OF ARDEN HILLS BY EMPLOYEES WHEREAS, the Employees of the City of Arden Hills are dedicated to excellence in service to the citizens of Arden Hills; WHEREAS, the City Council of Arden Hills wishes to recognize this dedication and service to the citizens; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: that there be established an Employee Recognition Committee for the Employees. This Committee will recommend the preferred method to provide positive recognition and feedback to Employees. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 26th DAY OF SEPTEMBER, 1994. DENNIS P. PROBST, MAYOR ATTEST: DOROTHY A. PERSON, CITY ADMINISTRATOR . . , . CITY OF ARDEN HILLS RAMSEY COUNTY RESOLUTION NO. 94-45 RESOLUTION TO RECOGNIZE THE DEDICATION AND TIME GIVEN TO THE CITY OF ARDEN HILLS BY VOLUNTEERS WHEREAS, the City of Arden Hills has had Projects of Beautification and Public Service for public and private land areas in the City; WHEREAS, the dedication of the volunteers have resulted in ongoing enhancements to the City of Arden Hills; WHEREAS, the volunteers have shown dedication in serving the Community through advisory committees, commissions and elections; WHEREAS, the Arden Hills City Council sets aside September 25th of National Cities Week to recognize those who have given their services to the City of Arden Hills and its citizens; . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: that the City Council of Arden Hills recognizes the following volunteers; commends and thanks them for their work and dedication as a volunteer that has gone above and beyond the average expectations of this City and its citizens. (See attached listing.) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 26th DAY OF SEPTEMBER, 1994. DENNIS P PROBST, MAYOR ATTEST: DOROTHY A. PERSON, CITY ADMINISTRATOR . . I .. 1994 ELE:CIC:N JllIX3ES OOROIHY ZEHM SHANOON BAKER ROBERI' CARLEY KATHY HAGKULL MURIEL TODD GERSTER Cl\ORL AMELI GLORIA KUEHN KATHY llJK ANDY HOLEWA IDIS GESKE JEANNE BERGER MEINE WILLIAMS JEANNE WINIECKI EI:WARD C. WALZ mRMA. HARMER SHARON 'IURGEX:N ROBERT DEVOY BEV HCWARD BARB CLARK KAY'ION PAlMER MARILYN PAlMER Q1ARLOITE M::NIESH MARGARET LCIN3NECKER CHERYL KUBIAK ROBERT KUBIAK ROD SCJi.1JMAOlER 'KM LYNGl MARY LYNGl CLIFF DUELL MARGARET SI'RODI'Z . IRENE arr CAROLYNN GRAN;)UIST MARCELIA SEX'ICN . ----- -----..- . . ECONOMIC DEVELOPMENT COMMITTEE Terry Nagle Charles Stoddard Trygve Egge Tom Goblirsch Steve Freimuth Mary Miller Jerry Moehnke Arnold Lindberg Dan McCallum FINANCE COMMITTEE Chris Leavitt Frances Holmes Charlotte McNiesh-Ad Hoc Chuck Mertensotto Carl Rundquist Thomas Steele Charles Stoddard . PARK & RECREATION COMMITTEE David Sand Mary Gillies Bill Guelker Lynette Kreidler Mark Labine Mark Literski Dorothy McClung Mark Magers Mary Robinson Megan Ricke . . PLANNING COMMISSION COMMITTEE Marty Rye David Carlson Steve Erickson Raymond McGraw Scott Petersen Barbara Piotrowski Jeanne Winiecki PUBLIC SAFETY/WORKS COMMITTEE Richard Roessler Arnold Delger Richard Fregeau Bill Gillies Leslie Goldsmith Jean Lemberg Herbert T atley . . , . . ; . HUMAN RIGHTS COMMISSION Barbara Y ounoszai Gordon R. Dean Ray Conroe Shirley Chase Sushila Shah Hallie A. Funucane Mary Robinson Rita Lafferty Diane Akilli . . ----- . CITY OF ARDEN HILLS MEMJRANDUM DATE: September 22, 1994 'lXl: Dorothy Person, City Administrator FRCM: Dan Winkel, Public Works SUperintendent ~.vJ . SUBJECI' : Approval of sealcoat project for Lexington Avenue Trail fran Highway 96 to County Read F Shoreview has recently infonred staff that they intend to seal-coat the bike bath along Lexington Avenue from Highway 96 to County Road 82. Along with this segment of trail, Shoreview has offered to include the Arden Hills portion of the trail from Highway 96 to County Road F. Resolution #83-20 outlines the trail maintenance responsibilities as agreed to by Arden Hills and Shoreview. The estinated cost to sealcoat the trail from Highway 96 to Cbunty Road F is betwe€-~ $2,000 and $2,500. . The Trail was originally installed approxinately ten years ago. Staff has reviewed the current paverrent oondition and agrees that a sealcoat project is appropriate. While this trail naintenance proj ect is not included in this year's budget, there are sufficient funds in the 1994 street seal coating budget to cover this cost. Staff recomrends that Shoreview be authorized to pr=eed with a sealcoat project on the Lexington Avenue trail from Cbunty Road F to Highway 96 at an estimated oost between $2,000 and $2,500, and also, that the funding for this project be taken from the 1994 Street Sealcoat Budget. r:w:to . , -- . CITY OF ARDEN HILLS MEMJRl\NllIlM DA'lE , August 11, 1994 'm, Dorethy Person, City ~;n;"txator FRCM: Brian Frits:Ulger, Carmmity Phnn;"1g Ccordinator~ SUBJECT , Chapter 18, Peddlers, Solicitors and Transient Merchants; Chapter 13, Licenses In addition to the change proposed by City Attorney Filla in C3.se #94- 19, several other minor arrendrrents were proposed to Chapters 18 and 13 by our atton1ey. As with Case #94-19, these changes were sirrply to clarify the ordinance in the area of open sales lots. The proposed ec"Janges are as follows and can be found underlined in the attached ordinance: . 1- Arrend the definition of Transient !lerchants contained in Arden Hills Code Section 18-03 to read: "Transient Merchant means any person, firm or oo:q:oration who engages in any temporary business either in one locality, or by travelling frcm place to place, selling merchandise; and who, for the purpose of carrying on such business, owns, leases, occupies or uses a building, a portion of a building, or a rreans of transportation, for the exhibition and sales of such rrerchandise." 2. Re-format the arrrent provisions of Arden Hills Code 18-13A, B and C so they read as follows: 18-14. Prohibited Practices (a) SIGNS. It shall be unlawful for any peddler or solicitor to enter in or up::on any'premises or atterrpt to enter in or up::on any premises wherein a sign or placard bearing the notice "Peddlers or Solicitors Prohibited," or language similar the::-eto, is located. . ~.- Transient Merchants Page 2 08/11/94 . (b) REFtJSING TO LEAVE. It shall be unlawful for any peddler, solicitor or transient rrerchant to enter up:>n 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) MISREPRFSENJ'ATION . It shall be unlawful for any peddler, solicitor or transient rrerchant to rrake false or fraudulent staterrents concerning the quality of the goods or services which are being offered for sale. (d) OPEN SAT.PC; IDrS. The business of peddlers, solicitors or transient rrercb.ants shall not be conducted on Open Sales Lots or on the irrproved or unirlproved portions of right-of-ways within the City of Arden Hills. 3. The Council may recall that Attorney Filla had also recanrended two minor changes to Chapter 13. After reviewing Chapter 13 there are a significant rrurnber of unrelated changes that need to . be made. With oodification expected this fall, I l'oOuld propose that these changes not be made until that tirre. Mt". Filla i..TJdicated that this l'oOuld be an appropriate approach. Staff would recanrend adoption of Ordinance No. 297 which includes the aJrendme.'1.ts to Chapters 18 of the Arden Hills Municipal Code as recomrended by the City Attorney. BF:to . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ~ . Ordinance No. '297 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 amended as follows: CHAPTER 18 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS Section 18-0l. Purnose - 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 are 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. peddlina: 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/she is collecting advance payments on such order. Such definition . includes any person who, for themselves 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 . o~ exhibiting . samples or taking orders for future delivery. Transient Merchant: Includes any person, firm or corporation, ".;he:. taer aCl :;)'.~~ncr , agcflt, eOH3igflec, or c:'fl]?lay<::., ..he:ther a r::.aiac:1.t af ':h::: ::ity of Z'..ra<::1 IIi:l.J or net, who engages in, ae)c51, or trafi~a::tD any temporary business and trafl~ L:.nt ouain:.aa, either in one locality, or by travelling from place to place, selling ~eeas, .,.lar::.s, aHd merchandise; and who, for the purpose of carrying on such business, owns, leases, occupies or uses a building, a !)ortion of a building. or a means of transnortation sh.:::;'t~...t vacant :at, l:ailroacl car, melt;;))! -.;chi::l.:.:, t::ailt.r, teRt, eeat, puel":'c room in hotels, l.:Jd~iflg hau:Jc:3, ~partmcnt:J o~ cth<:= pla~~ ..':'tt.in ':hc Ci':y for the exhibition and sale of such \/arcCl, ~ooao aHd merchandise. Section 18-05. Reaistration 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. . (a) Reaist:rat:ion. 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: (1) The name, physical description and drivers license number of the person registering; (2) The permanent home address of the applicant, the address of the place of business or the firm or occupation which the applicant represents, and in the case of transient merchants the local address from which proposed sales will be made; (3 ) A brief description of the nature of the business and the goods to be sold; (4) If employed, the name and address of the employer, together with the credentials therefrom establishing the exact relationship; . (5 ) The length of time for which the right to do business is desired; (6) 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; (7) 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 and shoulders of the applicant in a clear and distinguishing manner; (8) 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; (9) A list including the name I address, phone number and age (if under 18 years) of all persons working for or assisting in the described activity; (10) 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 (11) The last five (5) municipalities wherein the applicant has worked before coming to this City. Section 18-07. Exemntions: The provisions of this Section of this Chapter shall not apply to the following: (a) 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 creacing traffic hazards; (b) Children, age eighteen or younger, soliciting for school sponsored activities; (c) II Garage 11 or "Estatell sales; . (d) The acts of merchants or their employees in delivering goods in the regular course of business; ----- (el 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. Investioation and I1'l1'lllance. (a) Upon receipt of each application, it shall be referred to the Ramsey County Sheriff for a background investigation of the applicant's business and moral character as deemed necessary for the protection of the public good. (b) If as a result of such investigation, the applicant's 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. (c) 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. Permittees are required to exhibit their permit at the request of any citizen. . Section 18-14. Prohibited Practices. (a) Si<;ms. rrac':':cc.::J rc.....mitt<:a. It s ha 11 be unlawful . for anv peddler or solicitor to enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice, "Peddlers or solicitors Prohibited, " or language similar thereto, is located. (bl Refusing 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) MisreDresentation. 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 offered for sale. (d) ODen Sales Lots. The business of neddlers, solicitors or transit=!nt merchants shall not be conducted on ODen Sales Lots or on the imDroved or . unimr;>roved oort;ons of riaht-of-ways within the City of Arden Hills. Section 18-15. Hours of O!)eration. 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. Severabil itv. If any part or provision of this Chapter or the application thereof to any person, entity, or l 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. 297 shall become effective on the day of 19_. Passed by the City council of the City of Arden Hills this 12th day of September 1994. Dennis Probst Mayor Attest: . Dorothy A. Person City Administrator . , . ~ . STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS Ordinance summary Ordinance No. 297 Chapter 18 Peddlers, Solicitors and Transient Merchants. On September 12, 1994 the Arden Hills City Council approved Ordinance No. 297 which amends Chapter 18 of the Arden Hills Municipal Code relating to Peddlers. The City Council by an affirmative vote of at least four Councilmembers, directed that a summary of Ordinance No. 297 be published in the City's official Newspaper and that a printed copy of Ordinance No. 297 be posted on the City's bulletin board and otherwise be made available for inspection at the City offices during regular business hours. Ordinance No. 297 contains regulations relating to the registration, hours of operation, exemptions and definitions of . peddlers, solicitors, or transient merchants who operate within the City of Arden Hills. Effective Date: Ordinance No. 297 shall become effective on the day following publication of the Ordinance or an approved Ordinance Summary. AdoDtion Date: Passed by the City Council of the City of Arden Hills the ____ day of , 1994. Dennis Probst Mayor Attest: Dorothy A. Person City Administrator . -- ~ Iii I'll I 1'1 I I 11!:2"1! II:~II' 'I' I' rJ)1 ' I 01' " 1 ' . <I <' , , '" I 'ii " ttI I jc.., i I U\ " I ' . 1 1 'I ' 1 f- ~ =<, LlJI'" ~ ' 'I I ' I Z Ul ~ =<1 0" I -. i 1.1 : Iii i, I U IO:I~lg LlJ ~I 1 !~ ~ :va i ~I I! I -I', U ~ ulzl 1rJ) I I I .. I "W liz' 'LlJ 100' I'. I", I ~I < IOlu - ,< LlJ "I .... ,.. 1, IZ 1.....1 ....!101 Z .. <I,,^ 1__ 1- 0), 'J' !oJ I 10 I ZI ......'. VI'Cl" - (C _ 'u .... < ~'J - ! 01 1- 0 Wi -10 l.C ,(I) C CJ 0 l.::Ii < ~ '.U UI I:: 1m gll >, I <''lO1 ,lulHi "::r:I",ILlJ! 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ARDEN HILLS FINANCE COMMITTEE August 25, 1994 Minutes CaU to Order: The meeting was called to order at 7:35 PM. The following members were present Christine Leavitt, Chuck Mertensotto, Charlotte McNiesh, Carl Rundquist and Charles Stoddard. Committee members Fran Holmes and Tom Steele were absent. Also present were City Council member Paul Malone and City Accountant Terry Post. Minutes Approved: The minutes for the meeting of July 28, 1994 were approved. City Accountant/Treasurer's Report: Terry Post distributed materials he received at the Piper Jaffray stockholders meeting held August 3. The materials described Piper's position regarding the Institutional Government Income Fund. Terry said the City has sold all holdings in the Paine Webber Short-Term US Gov't fund at a slight loss. Terry pointed out that the City's net tax capacity for 1995. has increased despite the fact that the tax capacity from real property and personal property declined by $60.353. The increase occurs because contributions to the fiscal disparities pool decreased by $401,000. . Discussion: Charles Stoddard asked if the radio antenna towers in Arden Hills can be taxed at a higher rate. Paul Malone pointed out that the antennas are defined by state statute as personal property for tax purposes. The City has no authority to alter the tax rate. Chuck Mertensotto asked if the City could license the towers and collect a license fee. Paul said it seemed unlikely that this would be allowed because the tower operators were required to get Federal Communications Commission licenses. . Capital Budgeting for 1995: Paul pointed out that a sinking fund is being set up to smooth out cash requirements for capital items such as fire equipment. Money is being included for this sinking fund in the 1995 budget. Park &. Recreation Foundation: Chuck Mertensotto pointed out that Cindy Severtson has asked a representative of the St Paul Co's to address the next Parks and Recreation Committee meeting about this issue. Utility Rate Subcommittee: A utility rate subcommittee w:as created. Members are Cristine Leavitt,Carl Rundquist and Tom Steele. Cristine is going to survey communities regarding matters such as me Sr. Citizen rate. Council Liaison Re port: Paul Malone briefed the committee on council activities: 1. McClung is ready to proceed with development on his lots. . 2. Filing is open for the Mayor and Council seats. 3. St Mary's Greek Ukranian Orthodox Church is getting closer to construction. 5EP-15-.1994 14:50 FROM HENNEPIN COUNTY TO =6337839 P.D3 , . Other Business: Congressman Vento has scheduled a meeting at TCAAP on August 30 to discuss the future of the site. Adjournment: The meeting was adjourned at 8:31 pm. Submitted by Carl Rundquist ~(( . . , ~ J', . North Suburban Acea.. Corporallon I)' . North Suburban Cabla Comml..lon 950 Woodhill Drive, Roseville, MN 55 t 13 . 612/481-9554(CTVlNSACi 6121482-1261 ,NSCC, \l.\>~",,~ . . oY'" September 8, 1994 "'c>~t"., -r-e.1e'" ~ I C c;>.....-.lI'f\oi{j TO: City Managers and Administrators FROM: Coralie, A. v:'i1son (J 11 7'r ~ ~..J ) Executive Director lJtA! rJ ZfJ!'-" SUBJECT: NSCC/NSAC Minutes, etc. The minutes for the August Commission and Corporation meetings and my August reports are attached for your information. I've also included more information about S. 1822. Senators Wellstone and Durenberger still don't seem to have gotten the message, based on their . letters in response to our expressions of concern. If you or any of your city officials have any influence with either Senator, please take some time to lean on them. As you can see from the attached material, S. 1822 would preempt virtually all city authority over the public rights-of-way and would undermine the cities' ability to charge a fee, whether a franchise or permit fee, for use of this public property. In addition, the bill makes no provision Arden H jlls for government access channels. Falcon Heights Lauderdale loWeCanada In the meantime, the University of Minnesota and the League of Mound, View Minnesota Cities are working together on a free workshop on telecommuni- New 8,19hlon cations for city officials. The four-hour workshop is scheduled for October North Oak, 6, beginning at 8:30 a.m., at the North Star Student Center, St. Paul. I'll Ro,e,llIe pass on any additional information I get on the workshop as soon as St. Anthony possible. Shoreview . , ~ . 1st Draft Problems/Solutions for Telecommunications Task Force Problem: Federal and state policymakers have failed to recognize cities' critical role in shaping the public purpose of the "information superhighway" at the loca1leve1. Solurion: Federal and state telecommunications policies must safeguard and uphold local authority to control use. of rights of way, easements, and property and recognize the critical importance of the local information infrastructure and increasing need for broad local access and connectivity. - Problem: Communities are threatened with loss of economic development, efficient service delivery and community access to programming and information needed at the loca1level. Solution: Standards must be set to permit cities and residents to use electronic information systems and services to improve community well-being, encourage expansion of the local economy, and provide for information technology for the use and benefit of . the public. ~ Problem: Cities face increased demand to provide access to government information and databases. Solution: Private sale of tax-supported information and government data services must be subject to state and local requirements assuring a fair return for the value of information and staff expertise invested to produce it. Problem.' City officials do not fully understand and have not had the opportunity to articulate local needs which the convergence of electronic information technologies can serve. Solution: Cities must insist that local access to information technology is widely available at a reasonable cost to residents and public institutions at the local level to strengthen public participation in government decision-making affecting the community and to assure that information needs are equitably served. . -- . KEY POINTS; CITIES' INTEREST IN TELECOMMUNICATIONS REGULATION 1. Cities' interest in telecommunications and utility regulation is defined by the their responsibility as trustees of the public rights-of-way within their corporate limits. As trustees of this public property, they have an obligation to ensure that the rights-of-way are managed in the public interest. These interests include: a. prohibition against red-lining (In the early 'SO's, when cable was being developed in the state, the legislature passed a very pro- gressive law which prohibited cable companies from cherry- picking cities and communities to serve. Unfortunately, U.S. West's video dialtone proposal now being considered by the FCC would effectively red-line some Minnesota communities.); b. economic development; and c. the infrastructure, distribution and support for community television programming; and . d. compensation for use of this public property. 2. This obligation is technology neutral and, therefore. extends to 2!:l.ll. provider using the public rights-of-way, including telephone and power utilities, as well as cable television. 3. Cities are often cast as obstacles to the development of information net- works and services. In fact. we are now comtemplating the recommen- dation that the franchising process be replaced with a simpler, more straight-forward permitting process. (Reference the MACTA White Paper.) We believe that the State and Federal governments have legitimate and important roles to play in the development and enforcement of minimum technical and connectivity standards and rate regulation in the absence of competition. Further, we would recommend that the State be responsible for licensing telecommunications providers, ensuring that they have the financial, technical and legal qualifications to provide the proposed service. 4. An LMC task force on telecommunications is recommending that the League develop legislation that would protect cities' interests in the management of their public-rights-of way and re-structure, and simplify, the regulatory framework for telecommunications in the state. . ---------- ~~ . NSCC Item VIA August 23, 1994 TO: Cable Commission (jkjJ&~ FROM: Coralie A. Wilson Executive Director SUBJECT: August Report Lemslative Update -- S. 1822 was marked up by the Senate Commerce Committe on August 11, using a Chairman's draft that was stripped of the language that had made the bill palatable to cities. According to a memorandum written by Joe Van Eaton and Nick Miller, "the bill is a disaster for state and local governments and for public interest groups." (See attached.) Frankly, from what I am hearing the legislation treads very closely to some Constitutional boundaries, but I have asked Sen. Wellstone's office to send me a copy of S. 1822 as it was approved by the Commerce Committee so that I can review the language for myself. . If the bill is scheduled for a vote, it will be after the Labor Day recess. I encourage you to have your Mayors and/or city managers contact Senators Wellstone and Durenberger while they are home to let them know that S. 1822 is unacceptable and contrary to the interests of your city. The Van EatonlMiller memorandum outlines some of the problems. I have also attached a a copy of a letter sent to the senators by the Board of the League of Minnesota Cities. (I am sending this same information to the city managers and administrators.) On the home front -- In the meantime, through LMC I have been active on several committees involved with telecommunications policy. The Telecommunications Task Force met on August 9 (and will meet again on August 30) and is charged with developing recommendations for consideration by the LMC Economic Development Committee. On August 16, several of us from the Task Force then met with several additional representatives from MACTA to refine Tom Creighton's White Paper and to discuss plans and strategies. In addition to supporting the drafting oflegislation incorporating the concepts outlined in the White Paper, this second group also believes that, with the League's support and assistance, we should be collecting other cities' rights-of-way ordinances and. attempting to draft a model ordinance or odinances. The third group in which I have been involved is an ad hoc group of represen- tatives from various governmental and public interest organizations, including Common Cause Minnesota, the Urban Coalition, the Intergovernmental Information Systems Advisory Committee (IISAC), the Association of Minnesota Counties, Minnesota Citizens On Line, Minnesota Library . Association, etc. Although a very diverse group, all have an interest in telecommunications and public policy. Our primary activity at this point is to monitor the appointments to and activities of - . NSCC/August Report August 23, 1994 Page 2. the Government Information Advisory Council, established by the State Legislature last spring, but I believe the group has equal value as a forum for sharing information. MACTA Bv-Laws Committee - The MACTA Board's lackluster performance this past year convinced a number of us that the by-laws of the organization needed major revision in order to reform the organization. (problems have included continued bickering and self-serving behavior by consultants serving on the Board, as well as general disorganization, as evidenced by the late mailing of the mini-conference brochure.) I agreed to serve on the committee which met twice in August before concluding the re-write. Among other things, the committee is recom- mending that the name of the organization be changed to Minnesota Association of Cable and Telecommunications Administrators. Meetings with Meredith CSR's -- On August I, I met with three groups of customer service representatives for Meredith Cable to review with them the roles and responsi- bilities of the Cable Commission and the Access Corporation. (Meredith supervisory staff continued the presentations to the balance of the CSR's.) Our receptionists have been getting . numerous telephone calls from cable customers erroneously referred to us by the CSR's. In particular, they seemed to refer to us any caller asking for information about programming, even their own programming by KABL. According to Roxanne DeFlorin, the number of calls about programming do seem to have decreased so far this month. Other Attachments: . A letter from ME/U re: an increase in advertising on the programming selVlce. . My summer course grade. . ------ . NORTH SUBURBAN CABLE COMMISSION MINUTES August 4, 1994 I. Call to Order The meeting was called to order by the Chair, Gerald Wallin, at 7:00 p.m. at the CTV North Sub- urbs Irondale facility. II. Roll Call The following Commissioners were in attendance: . David Sand, Arden Hills Gerald Wallin, Falcon Heights Jack Barlow, Lauderdale Jerry Skelly, Sr., Mounds View Barb Jeanetta, New Brighton Jim JOhnston, North Oaks steve Sarkosy, Alternate, Roseville Clarence Ranallo, st. Anthony Others Present Coralie A. Wilson, Executive Director Thomas D. Creighton, Attorney, Bernick & Lifson Kathi Donnelly-Cohen, Meredith Cable Pat Doocy, Administrative Assistant I I :r. Approval of Agenda Mr. Sand moved, seconded by Mr. Skelly, that the agenda be approved. The motion was approved unanimously. IV. Approval of Minutes . Ms. Donnelly-Cohen stated the report on must carry in her report of the June 30, 1994 minutes was incorrect. The report should read: If we add ~. . NSCC Minutes 8/4/94, Page 2 KVBM and KXLI, channels will have to come off. However, even though the PreVue Guide and 'cco Weather are shared on your system, neither will be removed. We look at what contracts may be up for renewal as well as the popularity of the service to determine what may have to be displaced. In systems where space is more limited, such as Roseville and White Bear, those two channels are shared. In systems where we had more space, they each occupy their own channel. Mr. Johnston moved, seconded by Mr. Sand, that the minutes of the June 30, 1994, meeting, be approved as corrected. The motion was approved unanimously. V. Public Forum. No one was present to speak at the public forum. VI. Reports . A. Executive Director Ms. Wilson stated that Bill S.l822 was scheduled for mark-up today in the Senate. She added that she has not heard any results at this time. Ms. Wilson reported that the Commission receive~ copies of articles to review including an article written by an attorney over lOO years ago in regards to charging utilities for use of right of way. She added that the article stated the government cannot take property from an individual without compensation just as using the right of way should require compensation. B. Attorney Mr. Creighton reported that on June 28, he was told that the FCC would issue a decision on Meredith's rate appeal in a matter of days. He added that nothing has been received as of yet. He also reported that the FCC has issued 65 requests for inquiry on form 329 and found all 65 to have been non-compliant and are requesting additional information. Mr. creighton further reported that Mr. Tom Robinson, a . NATOA consultant in Colorado, is preparing a list of questions for clarification regarding rate rules. . -- NSCC Minutes 8/4/94 page 3 C. Meredith Cable Ms. Donnelly-cohen reviewed the July statistics report and indicated the company experienced some drop pff on pay units for the summer. She also reviewed the July customer Service statistics which include the 43 city area. Ms. Donnelly-cohen reported that there had been an arson fire in the Columbia Heights facility and some access equipment had been stolen. In response to Mr. SkellY's question regarding DBS, Ms. Donnelly-cohen stated that the Hubbard system does not offer ESPN or other sports channels nor any local or access channels, at this time is costly to install, and monthlY service rates are not less than cable. Mr. Wallin stated that had to call Meredith cable for service and announced he was pleased with the service received from customer service and from the technicians. evn. consent Agenda Mr. sand moved, seconded by Mr. Barlow, approval of the consent Agenda, which includes the June 1994 . Treasurer's report and a request for contribution for Metro cable Network (Channel 6) of $2,500. The motion was approved unanimoUsly. VII. General Business A. Rate Regulation Mr. creighton reported that he received a proposal from Meredith cable to resolve the issues of rate regulation that should be discussed in a closed session. B. 1995 Budget MS. Wilson stated she had reviewed the proposed 1995 budget with the Finance committee. After discussion, Mr. sand moved, seconded by Mr. Ranallo, to approve the 1995 budget and to direct the Executive Director to send copies of the budget to the member cities. The motion was approved unanimously. . -- NSCC Minutes ( . 8/4/94 Paqe 4 Mr. Sand moved, seconded by Mr. Barlow, to approve the revisions of the 1994 Budget as presented by the Executive Director. The motion was approved unanimously. C. Munioipal Grants Resolution Ms. Wilson indicated that last year the Commission adopted a formal policy that, in order to be eligible for a grant, a city must approve a resolution setting up a separate account(fund) for franchise fees and restrict use of that account to cable-related activities. Mr. Skelly moved, seconded by Mr. JOhnston, to approve the draft municipal grants resolution and direct the Executive Director to send an announcement of the municipal grants program to the member cities. The motion was approved unanimously. IX. Announcements . Mr. Wallin announced that the volunteers for this meeting i \ were Dan Shaaf on switcher, and the camera operators were Matt Genolin, Edwin Collier and Jeff Luce. XI. Exeoutive Session to Disouss Leqal Matters Mr. Ranallo moved, seconded by Mr. Barlow, to move into an Executive session. When the Commission reconvened, Mr. Wallin announced that pending litigation ideas were discussed. He added that the Commission empowered the Executive Director and the attorney to explore avenues of settlement and to present recommendations to the Commission within the next couple months. XII. Adjournment Mr. Barlow moved, seconded by Mr. Ranallo, to adjourn the meeting. The motion was approved unanimously, and the meeting was adjourned at 9:00 pm. . \ . NSCC Minutes 8/4/94 Page 5 Respectfully submitted: Pat Doocy, Administrative Assistant Jerry Skelly, Sr. , Secretary . . AUGCC . NORTH SUBURBAN ACCESS CORPORATION MINUTES AUGUST 4, 1994 I. Call to Order The meeting of the North SUburban Access Corporation was called to order by the Chair, Gerald Wallin, at 9:01 PM at the CTV North Suburbs Irondale Facility. II. Roll Call The following directors were in attendance: David Sand, Arden Hills . Gerald Wallin, Falcon Heights Jack Barlow, Lauderdale Jerry Skelly, Sr., Mounds View Barb Jeanetta, New Brighton Jim Johnston, North Oaks Steve Sarkosy, Roseville Clarence Ranallo, St. Anthony Others Present: Coralie A. .Wilson, Executive Director Thomas D. Creighton, Attorney Pat Doocy, Administrative Assistant Mike Horton, Irondale High School III. Approval of Agenda Mr. Ranallo moved, seconded by Mr. Sand, that the agenda be approved. The motion was approved unan- imously. IV. Approval of the Minutes Mr. Ranallo moved, seconded by Mr. Sand, approval of the minutes of the June 30, 1994, meeting. The motion was approved unanimously. . NSAC Minutes . 8/4/94, paqe 2 v. Public Forum No one was present to speak at the public forum. VI. Reports A. Executive Director Ms. Wilson stated that the Board received copies of the updated Policy and Procedures Manual. She added that the July corporation statistics were also handed out. Ms. Wilson indicated that usage numbers were down significantly for July adding that the weather could playa factor. Also Edit A was down for a while for new equipment installation and training. She added that volunteer hours were high, basically due to the Roseville Parade. Ms. Wilson stated that she has a written report from Tony Vietti who attended the Alliance for Community Media conference in Hawaii and that copies of the report will be made available for any Board member requesting it. . B. Attorney Mr. Creighton informed the Board that he had no further report at this time. VII. Consent Agenda Mr. Sand moved, seconded by Mr. Skelly, that the Consent Agenda be approved, which included the June 1994 Treasurer's report and an agreement with CorVel Corporation for Manage- ment of Workers Compensation Claims. The motion was ap- proved unanimously. VIII.General Business A. Presentation by Mike Horton, TV Production Teacher, Irondale High School Mr. Horton handed out and reviewed TV Production Cur- riculum for Irondale classes. He indicated that an estimated 160 students will come through the Irondale studio in the 1994-95 school year. . , -~ NSAC Minutes / 8/4/94, Page 3 . Mr. Horton stated he has a vision that CTV Irondale will be the hub in the North Metro viewing area for communication arts, television and radio for not only for Irondale students, but for surrounding high schools, middle schools and elementary schools. B. staff Incentive Plan Ms. Wilson presented a staff incentive plan proposal to the Board. She stated that if the Board concurs, she will develop a structured plan for Board consideration at the next meeting. Mr. Wallin suggested using the term "truly exceptional" and stressed that not everyone qualifies. C. viewership Survey Ms. Wilson stated that the telephone survey is taking longer than anticipated because people are not at home due to nice weather. D. Executive Director Annual Per~ormance Evaluation . Mr. Wallin stated he is waiting for evaluation results from four Commissioners. He added that after receiving these results, he will meet with Ms. Wilson to review the results and bring a salary recommendation to the Commission for review. XI. Announcement Mr. Skelly stated that the CTV Producer Workshop announced in the MEOW is a great idea. X. Adjournment Mr. Sand moved, seconded by Mr. Johnston, to adjourn the meeting. The motion was approved and the meeting adjourned at 9:35 pm. . ~- NSAC Minutes . 8/4/94, Page ... Submitted by: Patricia Doocy, Administrative Assistant Approved by: Gerald W. Skelly, Secretary of NSAC . . AUGAC NSAC Item VI.A. and B. . August 26, 1994 TO: Board of Directors .~ FROM: Coralie A. Wilson Executive Director SUBJEIT: August Reports As noted in the Operations Manager's report (attached), August was a month of parades and festivals. In addition to the Little Canada and New Brighton events, we also had coverage of the Slice of Shoreview and a St. Anthony festival. (Tim neglected to mention that the crew was all set up for the New Brighton parade when the storm hit.) The staff has also spent time in August on budget preparation, planning for Access-a-thon, and prepping the facilities at Irondale for the resumption of classes. . As a result of Tony Vietti's and Pat Cook's attendance at the Alliance for Community Media conference and receiving the results of the two surveys, the staff has spent a great deal of time in informal conversations about where we go from here. We intend to formalize those discussions and begin to develop a "strategic plan" in September. I would like to spend some time during the October Board meeting going over our ideas with you and "getting your reactions. . August 25, 1994 : . To: Coralie Wilson Executive Director From: Tim Domke Operation Manger Subject: August Operations Report Eauioment and Facilities - -Dave Brewster. Don Swenson and Andre Barte have installed new audio boards into vans one and two. The vans audio capabilities increase from 12 inputs to 16. The new audio boards allowed us to take the old and relocate them to studio B and edit E. greatly improving both areas. They also transferred the Toaster system that originally came from Edit A (RY) to Edit D (10). Edit D's MX-12 was in turn sent to edit E {RV}. So the cycle continues... lrondale LJodate - - Another cable camp is completed with fIVe students that varied in age from 13 to adult and which included an Irondale High School instructor. John McManus is currently working on the New Brighton pageant and also is producing a promo about the changes atlrondale. i . Allison Graefe is working on an Amiga CG self-help instructional tape for producers who \ want to learn more than just the basic functions. Tony Vietti has met with lrondale's new principle, Howard Dahl, to establish a procedure for irondale productions. Parades - -In the parade department. we had two-Little Canada and New Brighton. The Little Canada parade took place on the 14th. This parade is highlighted with our replay handouts by the volunteers, which heightened our visibility in the community. The New Brighton parade scheduled for the 25th was a rain out and our volunteers diserve a big hand for their efforts. Q1he.r. - - Our annual coverage of Jr. Olympic Hockey ended with the Tier II Championship and the J.O. Championship. This year's hockey was produced by Ann Gabrys. The Slice of Shoreview was produced by Pat Cook, and CTV this year added a display table (Joan Gerten) and our mascot ZOOMER to the day. Our cat really stole the show with the kids, I'm told by Joan. Mike Cofrin, from International In-Line Skate Association, and John Rusterholtz taped the National In-Line Championships at the John Rose Minnesota Oval on August 20 & 21. This event may be picked up by ESPN-2. The half hour program will also be seen on CTV and on CH.6. Finally, we will be producing a program that deals with the land issues surrounding the Twin Cities Army Ammunition Plant. Congressman Bruce Vento will host this questions-and-answers evening. . I: . MILLER & HOLBROOKE INFORMATION SERVICES U~date i , DOCUMENTING LOCAL GOVERNMENT CABLE AND TELECOMMUNICATIONS ISSUES Volume 2 No.7 August 1994 SENATE COMMITTEE MARKS-UP S.1822 INSIDE AND MAITERS GO FROM BAD TO WORSE FOR LOCAL GOVERNMENTS Feature Article: +Senate Mark-up of S. 1822 On August 11, 1994, the Senate Committee on Commerce, At The FCC: Science and Transportation adopted a dramatically revised version of S. 1822, the Communications Act of 1994. From +Orde" Issuod 00 Exclusivity Roqut:Sts the perspective of state and local franchising authorities, the + Program Acc<:ss Provisions Broadenod + EfT""tiv.compotitionPIo:adingG uidline, revised bill includes the worst features of H.R. 3626, the +New Iersoy Grantod Video Dialtone companion legislation adopted by the full House on June 28 + New Rate Regulation Survey (see article in June/July issue of Update), plus additional + FCC Reorganization provisions that are also inimical to the interests, authority and +Cable Form 393 Spreadsh..t Available responsibility of local governments. Special Report: As originally introduced, S. 1822 recognized local franchising + u.S. West Cable Acquisitioo authority over providers of cable services, including telephone Documents: companies, and respected the right to receive fair + FCC Order 00 Program Access compensation for commercial use of public rights-of-way. + FCC Order on EfT""tive Competition (See February Update for article on the introduction ofS. +FCC Report on Rate Regulation Survey 1822.) The Committee, however, "turned the bill on its head," +Cable Form 393 Press Releases in the words of the National League of Cities. S. 1822 now mandates the taking ofIocal government property without compensation, removes local government control over the use and disruption of public rights-of-way, potentially reduces the revenue base on which cable operators are required to pay franchise fees, prohibits franchising of competitors to cable systems, and potentially threatens the ability of local governments to obtain institutional networks for their own use and local school use. At the Committee mark-up, only Senator Kay Bailey Hutchinson (R-TX), the junior member of the Senate, expressed concern about the impact of S. 1822 on the authority of local governments to control their rights-of-way and to receive fair compensation for its use_ Senator Hutchinson is working with local government organizations in an attempt to amend these provisions. Miller & Holbrooke Informalion Services, Inc. 1225 19th Street, NW Washington, DC 10036 (:01)785-8817 . Copyright 1994, MiU... ol Holbtoo..lnf""""tiOR Sorvia:s, too., WuhingtoR. D.C AU righ"_ ~ . The primary provisions ofS. 1822 that affect through a video platform, which is specifically franchising authonties are: defined as "not a cable service" and not subject to cable franchising. As a practical matter, . Telephone companies and their affiliates will however, the bill is structured in a way that all be permitted to enter the cable television but assures that telephone companies will business and cable operators will be permitted choose the video platform approach and avoid into the telecommunications business. All state franchises and franchise fees. and local laws and regulations that are "barriers" to the ability of any entity to provide . Like H.R. 3626, S. 1822 shrinks the basis on interstate or intrastate telecommunications which cable operators may be required to pay a service are preempted. This provision is similar 5% franchise fee to revenue from "cable to language in H.R. 3626. services" only. This likely means that local governments will see an immediate loss of . Telephone companies may provide video revenue from current cable franchise fees. programming to subscribers in their own service area either through a cable system, in . Unlike H.R. 3626, S. 1822 goes further in which case they are cable operators subject to reducing revenue from franchise fees by the Cable Act, including franchising, or providing that video programming provided by . MILLER & HOLBROOKE INFORMATION SERVICES U pda te provides in -depth coverage of cable television and telecommunications issues affecting local governments at the FCC, in the courts, and on Capitol Hill. Each issue contains the "must read" source documents important to local officials and cable operators. MILLER& HOLBROOKE INFORMATlONSERVICES Update is published monthly by Miller & Holbrooke Information Services, Inc., 1225 19th Street, N.W., Washington, D.C. 20036. Telephone (202) 785-8827. Fax (202) 785-1234. Nikki L. Ward, Editor and Marketing Director. Subscriptions are $300 per year, $575 for two years. Additional copies without documents to the same entity, $50 per year. Addresses in D.C. add 6% sales tax. U pda te is for informational purposes only and is not intended as, and should not be relied on as, legal advice to readers. Filing deadlines should always be verified directly with the relevant agency. . MILLER & HOLBROOKEINFOR:.1ATlONSERVICES Update August 1994 Page 2 , . ,lePhone company over a video platform is assessment, rental or similar charge or communications service -- not cable service equivalent from any telecommunications .. and thus not subject to a cable franchise fee. provider for operating in the locality or using H.R. 3626 allows franchising authorities to the public rights-of-way that distinguishes collect a fee "in lieu of a franchise fee" from between providers, including the local exchange telcos and other users of video platform. S. carrier. Promoted by companies such as 1822 contains no such provision. Metropolitan Fiber Systems under the name of "non-discrimination," the effect of this . H.R. 3626 directs the FCC to establish provision is to lower such fees -. including fees requirements for public, educational and from telephone companies providing video governmental channel capacity oftelco programming -- to the lowest common provided video platform systems. S. 1822 has denominator, which in many jurisdictions will , no similar provisions. be zero. i ; . Franchising authorities are also prohibited . Portions of S. 2195, the so-called "public , from requiring a franchise for provision of space" bill introduced in June by Senator telecommunications service by a cable Daniel Inouye (D-HI), were included, but at operator, and may not require or prohibit the greatly reduced levels. (See article in June/July provision of any telecommunications service by issue of Update.) Telecommunications a cable operator. providers would be required to provide up to 5% of capacity on certain telecommunications Ce combined result of these provisions is to systems and/or to offer preferential rates to it franchising authority jurisdiction to "eligible entities." The list of "eligible entities" traditional cable services (basically defIned as for these benefits now includes public and non- one-way television type video programming) by profit libraries, schools, universities, health care a cable operator or by a telephone company facilities, museums, charities, zoos, and public operating a cable system, and to prohibit a broadcasting -- Bur NOT STATE AND franchising authority role in any noncable, LOCAL GOVERNMENTS! telecommunications service. No franchise, no cable franchise fee, no public, educational or The bill also: governmental access channels, or any other requirement covered by the Cable Act may be . Sets the stage for potentially far-reaching required of either the telco, its affiliate, any preemption of local government authority over other user of the video platform, or any other zoning, planning, and control of rights-of. way telecommunications provider. in a new provision giving the FCC authority to prescribe regulations that "permit joint . State and local governments are also telecommunications network planning, design, prohibited from requiring any permit, and implementation among all . franchise, tax, or rights-of-way fee or any telecommunications carriers, cable television . MILLER& HOLBROOKEINFORMATIONSERVICES Update August 1994 Page 3 Xf; ,.,t THE LEAGUE h' , - _";,:,-,":.:>;,,,., '.',<,,' OF WOMEN VOTERS ~ -ji)tL,~f~.' .=~,,_~_"'" a' ST. PA UL tC 150 EATON, SUITE A ST. PAUL, MN 55107 PHONE (612) 222.12J5 ~ September 14, 1994 MEMORANDUM TO: Mayors, Managers, Administrators . &}l FROM: Mary Anderson, Project Coordinator \.1(\ . , RE: landmark Series The League of Women Voters Saint Paul is working with Minnesota Landmarks to produce the public affairs forum, The Landmark Series. I have been asked by the League of Women Voters Saint Paul to coordinate their portion of the work. The . series is planned to be six lectures dealing with urban regional issues. The first will be Friday, October 14 at 4:00 P. M., and the other five are planned for January through May of 1995. This series is an excellent opportunity for city officials to participate with other governmental officials, business groups and citizen groups in a learning/discussion experience focusing on critical urban regional issues. You and ali members of your City councils will be receiving an announcement and invitation to each of the lectures which are free and open to the public. The first lecture in the series is cosponsored by the Land Stewardship Project. It will be held in the Weyerhaeuser Auditorium in Landmark Center on Friday, October 14 at 4:00 P. M. The speaker will be Peter Calthorpe, a nationally known architect and planner noted for his environmental approach to community development and urban design. The central focus of his practice is mixed-use master planning with a concern for creating communities which are environ~entaliy sound, economicaliy diverse, and socialiy progressive. I invite and urge you to attend and to encourage other city officials to, also. I look forward to seeing you October 14. . s. '''''.!~~J-:;''. I~ 0 u( l~7 .. 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 c( CAPITOL COUNTY OF MINNESOTA TO: RCLLG Membership RAMSEY COUNTY MEMBERS FROM: Peggy Rollins, RCLLG Coordinator Anfen Hills F8k:an Heights RE: Ramsey County Home Rule Charter Amendment Regarding Park, Gem Lake Recreation Or Open Space Land And Facilities Lauderdale LftUe Canada At the request of Jeanne Weigum, President of the St. Paul and Ramsey County Maplewood Friends of the Parks and Trails, the following article from the August 1994 newsletter of the Friends of the Parks and Trails is being reprinted for your Mounds View information. Please be advised that this article is reprinted solely for your New Brighton information and does not necessarily reflect the opinions of the RCLLG North Oaks Executive Board. North St Paul ******* Ramsey County 'Shall the Ramsey County Home Rule Charter be amended to require the county .VIlIe Board to maintain a policy which provides for no net loss of park, recreation or open space land and facilities?" St Anthony st Paul Ramsey County voters will have an opportUnity to guarantee park lands now and into Shorevlew the fUture with a yes vote on the charter amendment in the November election. The charter is really the county's constitution. Placing this protection in the charter Vadnais HeIghts would make it very difficult for your favorite park to become afire station, jail or Whfte Beer Lake shopping mall some time in the fUture. While Bear Township The current practice and policy of the County Board is "no net loss", in other words, ASSOCIATE MEMBERS if an acre is sold or used for a purpose other than parks, it must be replaced. Since Mounds View School it is just a policy, a different board could adopt an entirely different policy, one District 1Ill21 which provided substantially less protection for park lands. Ramsey county is largely North St PauV developed and those casting about for a place to build often spy wide open spaces Maplewood School and conclude that this would be a great space for a school, strip mall, town house Dlslllclllll22 complex, or manufacturing plant. lWzen times are good and money is easy, elected Rosevllle School officials are not very likely tofallfor that. lWzen budgets are tight and demandfor Olstrlct 1Ill23 services increase, expanded tax rolls look inviting. 5t Paul School DIstrlcl11ll25 The charter amendment is supported by the Ramsey County Charter Commission and White Bear Lake the Friends of the Parks. If you have questions or would like more infonnation, call Sch. DIstllll24 the Friends at 698-4543. eamsey 5011 B. Water ******* onservation District Printed on recycl8d P4>6r c:rr'l OF ARDEN HILLS . MEM)RANDlJM DATE: September 21. 1994 TO: Mayor, Council & Staff FRCM: Dorothy Person, City Administrator SUBJECT: Phone Number I have purchased a car phone, that number is: 723-6152. I still have the pager at this number: 650-6465. Please feel free to contact me as needed. . . . , CITY OF ARDEN HILlS I MEM>Rl\ND(I,I '10: Mayor and Councilmelrbers 9! FRCM: Dorothy A. Person, City 1ldm:ini.strator DA:l'E : Septeuber 30, 1994 SUBJECT : Administrator Calments for Week of Sept. 26, 1994 I. DEPAR'IMENI' tJPDA'IFS: A. Public Works 1. 1994 Street Paverrent Prcgram a. Keithson Road - The base d::1.in to be paved by late next week or early the week of Oct. 10 if the weather ooIds. b. Bussard Court - Hareowners have cane to tenns with the City regarding driveway slopes. !bug Hanson of 1462 Bussard Court, has contacted the City stating that their J::oat hitch hits the street. Dan has been , in contact with the hcrrea.mer. 2. Stann Water 1\ppeal Possibilities: The following businesses are in the "infonnation gathering" stage. a. MSI b. Land 0' Lakes c. Bethel College 3. Utility Readings: As of today, these readings are 98% carpleted. 4. REMINDER' Saturday, Oct. 1 is Fall Clean-up Day at SOOreview . 5. Street Signs - New signs for Old Snelling and Keithson Drive have been ordered to replace the rusty ones. B. Parks and Recreation 1. Valentine Park Update: a. Parking SUrface - The parking lot should be asphalted by the end of next week. b. Ballpark - Work here is carpleted. - -. 1 . - c. Wanning House - Work is due to be a:xrpleted next I 1Meek . All projects are dependent upon the ~ther. 2. A SPEX:IAL THANKS to Dave Winkel and Tracy Peterson who have taken the lead during Cindy's vacation!honeyrroon. '!hey've done a great job! C. Ac=unting 1. Please review the enclosed rrerro regarding sewer and water rates. If agreeable, a resclution will be prepared for the October 10 City Council Meeting. 2. Enclosed is a naro to the Finance Cannittee requesting their review of the utility rate for 1995. D. Administration 1. O:luncil Chambers a. Mike Fix has received no further confirmation of the ReseJ::Ve 's use of Building 105. He continues to offer short term use of the rreeting roan. The Army Reserve has had a change in cannander recently. An assistant has been contacted and believes that the Council may be able to use the large rreeting roan. We are waiting for their review of our written request. , b. New Brighton was contacted aJ::out using their Council Chambers on October 10. They do not observe Columbus Day, so City Hall is open and the Chambers are available for the Arden Hills City O:luncil Meeting already scheduled for 7:30PM that evening. 2. Further review of the request frcm the Ramsey County Parks Ccmnittee to support the "no net loss" of County park land. 'I11is also includes open land area. Due to other ~sible affects on the TCAAP property, that will create sc rrany unknowns, it has been agreed to not support this referendum. II. HAN!XlUI'S : A. Planning Ccrrrnission Packet B. Chapter 2 of the City of Arden Hills Administrative Cede - Section 240; Personnel Pel icy . C. letter frcm the Roseville Area Schcols - District 623 re: a new Schcol Bus Safety Partphlet. D. Flyer announcing "A Taste of E\:)land". - -. 2 ..- , .. I CITY OF ARDEN m:u.s MEM:lRANIJuM DATE: September 29, 1994 10: Dorothy Person, City Administrator ~@ Teny Post, City Accountant SUl3.JEcT : RecClllllended 1995 Water and SanitaIy Sewer Utility Rate Increases Backcrounrl The City of Arden Hills inplerrented significant rate increases in 1992 and 1993 for water and sanitazy sewer services. Prior to this pricing action, rates for these utility services had rerrained the sarre since July 1, 1987. When these price increases were adopted, Council directed staff to evaluate the need for future pricing action on an annual basis and avoid the need for rrore radical periodic increases. -\ Council direction of staff performing an annual rate review was accarplished in 1994 and will be the focus of the renainder of this merrorandum as recamtendations for 1995 pricing are presented. Water utility Although input frem the Finance O:mnittee utility rate review study is not =ently available, enough is known al:out the major cost elerre..'lts of this utility to offer reccmrendations for 1995 pricing. 1. Based upon infonnation received by the City of St. Paul Board of Water Ccmnissioners, the City of Roseville utility Department and seasonal collSUIlption history, the price of purchased water can be e:xpected to increase 3. 7%- . Purchased water represents approximately 54%- of the total 1995 planned operating expenses of this utility. 2. I.aWr costs are expected to increase by approximately 5.S%- over the 1994 budget. Such expenses represent a.l:xJut IS%- of the tot:al expe.'1Ses of this utility. 3. Rercaining operating costs of the water utility approximate 24%- of total operating expenses. It may be reasonable to assurre - that these costs will increase along 3. S%- inflationary lines. -. I 4. A weighted percentage cost increase for these expense factors could be calculated as follows: a. (Purch Water) .037 x .54 = 2.00~ b. (I..a.b::Jr) .055 x .15 = .82% c. (Other) .035 x .31 = ~ Total calculated cost increase ~ 5. Translating this calculated cost increase into rates and being consistent with prior year pricing practices yields the following reccmrended 1995 Water utility Pricing: 1994 Recarrrended Increase Service Descrintion ~ 1995 Rate Amt fg; Residential Qtrly Minirrun $20.95 $21. 95 $1.00 4.8%' "Winter" rate per 1000 gal. $ 1.99 $ 2.09 $ .10 5.0~ "Sumner" rate per 1000 gal. $ 2.09 $ 2.14 $ .05 2.4% (NOte: Since approxinately 58~ of water is consumed during the sumner rronths and 42% is =surred during the winter rronths, the weighted , average percentage increase for 1995 is ab:lut 3.5% (.58 x 2.4 + .42 x 5.0 = 3.49). Sani tary Se_r UtH i ty Although input frem the Finance Ccmnittee utility rate revieW study is not currently available, enough is known aJ:out the major cost elements of this utility to offer reccmrendations for 1995 pricing. l. Based up:JIJ. infonration received frem the Metropolitan Council WasteWater Services (MCWS) , total 1995 net payrrents due this age.'1Cj1 will increase 3.4% over 1994 net paym=nts. Sewer treatment costs represe.'1t ab:lut 60% of the total operating expenses of this utility. 2. Lab:>r costs are expected to increase by appraximatel y 3.5% in 1995. Such expenses represent aJ:out 16% of the total operating costs of this utility. 3. Rerrai.ning operating costs of the sanitary sewer utility approximate 24% of total operating costs. It may be reasonable to assurre that these costs will increase along 3.5% inflationary lines. - -. . . . I 4. A weighted percentage cost increase for these expense factors could be calculated as follows: a. (M::WS) .034 x .60 = 2.04% b. (Labor) .035 x .16 = .56% c. (Other) .035 x .24 = ~ Total calculated cost increase Lffi 5. Translating this calculated cost increase into rates and being consistent wit..'1 prior year pricing practices yields the following recamended 1995 Sanitary Sewer Utility pricing: 1994 Recc:mnended Increase Service DP-scrintion ~ 1995 Rate Ml!; KI' Residential Qtrly Flat $51. 95 $53.95 $2.00 3.8% Senior Qtrly Flat $25.95 $26.95 $1. 00 3.8% Per 1000 Gallon Consump. $ 2.69 $ 2.79 $ .10 3.7% Req).1"'st: I MJUld encourage you to consider this item for diSCUSSion as new , business at the October 10, 1994 Cbuncil Meeting. If Cbuncil chose to take action at that tirre, sufficient tirre w:lUld be available to include a "Notice of Water and Se\;er Utility Rate Clanges" insert with the third quarter (nailed aOOut 10\14\94) utility billings. Fourth quarter billings will not be mtiled until approximately 1\17\95. - ~. , , ur~' I ~-'~'I-"'Y",""""iJ;,,,,,~oc' , . . .V ...." '., I~~ -.-1illrl . ~ ~ I--~ , '...., *. '-I ~:"' ." 11 ., .\,.. ':"t~ 11 !}: I ,,_1-!\ ~~., " ._.r.'f8:[~~_; I 1:1.-L1 v..; -'_...., ~,. ~ ~P&: ., . . ; ~I-\" ~ "' ' r::~~1~:~~N:;> i ~i " . \\mY1 ....~ ~ E ~.~ ", )j' ~ mrli.~ ~ 1.J.J.-'i I, ~-- ..' ~ \\ t ~ :-'~"" J'""'~. -.). : '~ ~ 1"\ _ ~ ;1 'j.=.".:-r~; _~~~ ~\O~">> / .'J'i ~.~ . '~===== 'P j . ~~ ".::--r} I ~,\ \ R ~ W i TJ ~ ... $; ,..p - -- - : '/f 1 ".'. ~ i.I-....'.:'.,,, . ")(]]r~1----- . ,,' It-f,,'" - ~ : \ ~ )~ )I' :S't : ='[ - d \ 'I = ~~ ~~ '.~ \\l '<~""'} .. \ I '>) "",,.. , " " .. '\ ~ ~\ ~ ",..,. ),~ : I & 1 ~ 'JZ: -:-e,\ ","': ' =[ \ " R.1 ~w B 1~' ;" /' ; I', ..-.. \ .: ...... .. \ ,~.:t...:...::..." k~-~ ~-.u<ICII\: -., '" i, \ Wllib",*"i@9~\ ~;..' .,/&...., . ~H .... "~\' h--:: I : \_ \ ~ . ~., II II: -' f"\: .. ' . ~ 11 ,{' . .. : b-'-L-t~:::11t.--L I...-d." \I ~(: ir- .... l' ~ \,'.' --l: : ~ II \' --- ~ ....._....- . "- 6t;Y;-=~....;~....: Il : ~~ \...........-: __ -:--' ~"'.,." -'111. ~ E "11 "d. ' lS 'i( - "", , ,.",,, .- . Illl' ;~ J \.'" - CASE 1194-24 . ' '~""- ....... . .. ....., - - . r'1'\ ~y I '.. ~l . / E~IZABETH & ~OHK : R ~. ,; : MODESETTE : 1'1 S .do ~ ' I ~ ....~ ~ . 8 3 ~ .w-d I'ii rJ '~i - LOT SPLIT/ _~_==. [';' ' - ? ./':,1' ~ ~ Lf~~ ~ -::j - ..., .:: LOT CONSOLIDATIC 'I 1" p~ ~<<.i~ I [: .!..L _ ;' ,r 'j II I (,~~'8'2 ~ / Ii - - - ' - f- 1/ j -.. - ~~~{ \ .. \=~~~I ..4 \~ llil!,I.JlIm~~\: ,. r ' ~....~ ~ "'.1""" . ~ ...,./ l~ ~r 0>- ~ . .~(] , . ,,,'~""' [- ~ ,.' ~ . .r ,\\ _ ~ . N tt' ~~l1~ r2 R" E!I!~ tJ\j~ R-3 ~ ". ~ ' r I' IlIOI 1 i" Ii'\~~~.. ~, !J/lmi I~:I:~~,;:. . J ~ t., ~ 7 L -;~~ ~ \ rl"' ' .. '" . .- I -1 fr+ ,'1.JlllllM l~ ~7 ~ '?f\ i!~ : ~li ., '1~1J'/! I -F/ '~.-;/'L : ~=~ . ~~ I -1' fi--4 ~;~ ..' J., - m"-- ~ .' G" t I \ I 1 I ,.t.:; ~ '" UIllllllrrrrll ..I..x:.... ~~L _-:-"'lW~ l --,_. 8-21 ' ' PLANNING COMMISSION AGENDA CITY OF ARDEN HILLS - OCTOBER 5, 1994 -. ~\J~ AGENDA I Planning Commission Wednesday, October 5, 1994 7:30 p.rn. 1. Call to order and roll call. 2. Approval of minutes from Planning Commission meeting held on September 7, 1994. 3. Case #94-25 Public Hearing for an amendment to section V1, G, 7 (b) of the Zoning Ordinance - number of dogs. 4. Case #94-24 Lot Split and Consolidation at 3743 New Brighton Road applicant - Liz Modesette/James Milton. 5. Council Report 6. Commission Comments - Opportunity for any miscellaneous questions or comments. , 7. Adjournment. Please call the City Offices if you are unavailable to attend the meeting 633-5676. Upcoming Meetings - Preliminary Agendas November 2 December 7 1. Amoco - Amend SUP 1. Loos- Lot Split 2. Balfany - PUD 2. Everest Concept - -. I crry OF ARDEN HILLS ME2'DRANDlJM DATE: September 27, 1994 TO: Arden Hills P1.annll1g Ccmni.ssion FRCM: Brian Fritsinger, Ccmmmity Plarming Coordinator@ SUBJECT : Case #94-25; ZclJ:iliJg Ordinance Amendment - NUmber of dogs allowed. Background Over this past surrmer the City Council has had several discussions about its AniIffiI Contrvl Ordinance. A number of revisions were approved and several others were tabled to address concelllS raised by aniIffiI groups. Proposed Change Amend Section VI, G, 7, (b) of the Zoning Ordinance which addresses , the number of animals allowed. The proposed change w::JUld read as follows; "Up to four (4) domestic anirnals, excluding birds and fish, are pennitted in any dwelling unit, but without a ke.nnel pennit not rrore than t= (2) IffiY be clogs. Up to three (3) dcg;s are allowed with a keJ1np.l license. IX:g enclosures IffiY be located only in a rear yard in all zoning districts. Miscellaneous 1. This change =uld allow up to three (3) dogs in a dwelling. 2. The rraximum number of domestic aniIffils =uld reIffiin at four (4). 3. Other specifics which address the kennel license are detailed in Chapter 5 of the Arden Hills Municipal Cede. Options 1. Approve the arrendrrent as prvp:>sed by staff. 2. Deny the proposed arrendrrent. 3. Table the arrendrrent pending further information fran staff. Recotm'P.ndation Staff recomrerns approval the amendrrent to Section VI, G, 7, (b) as proposed. - BF:to -. t . CITY OF ARDEN HI:LUl MEM:lRANDUM DATE: September 26, 1994 TO: Arden Hills Planning Ccmnissian --" FRCM: Brian Frits:inger, Ccmmm.ity Planning Coordinate@ SUBJECT : Case #94-24, Lot Split and Consolidation at 3743 New Brighton Road. lIpplicant: Elizabeth ModesettejJames Milton. Req!lest The applicant is requesting to divide 3731 New Brighton Road for the purpose of selling it to the property owner at 3743 New Brighton Road and having it consolidated. Finninas 1. The property in question is located within an R-2 district. . 2. The area to be split is 62.5 I X 150' in size. 3. Both lots will meet the minimum lot area and lot depth after consolidation. 4. 3731 will meet the lot width requirements. 5. 3743 will be a nonconforming lot as it is only 62.5 feet wide. 6. The lot split does not irrpact any of the existing building setback requirerrents. The =rent placement of the bares and garages near New Brighton Road creates a substantial distance between the structures and the area to be split. 7. The M:x:lesette' s have not indicated any plans for the development of the acquired lot. In fact the develq:ment of the lot is limited due to =rent dimensions. 8. With the resulting lot split and consolidation, the new descriptions are as follows. a. 3731 New Brighton R~rl - The South 100.00 feet of Tract B, Registered Land Survey No. 450 Ramsey Coilllty, Minnesota as measured along the east line thereof. b. 3743 New Brighton Road - The East 280' of the South ~ of Lot 12 of Rhodeler' s Garden Acres and that part of Tract B, Registered Land Survey No. 450, Ramsey County, Minnesota lying north of the South 100.00 feet of said Tract B, as measured along the west line thereof. . . Planning Case #94-24 Page 2 09/26/94 Option.", The Planning Ccmnission has tw:> actions to consider in this case; lot split and lot consolidation. 1. Lot Bolit a. l'bve to approve the lot split as proposed. b. l'bve to deny the lot split as proposed. c. Table the request for further information fran staff. 2. Lot C'..onsolidation a. M::lve to approve the lot consolidation as proposed. b. M::lve to deny the lot consolidation as proposed. c. Table the request for further information frcm staff. Recomnendation Staff INDUld reccmnend approval of the lot split and lot consolidation as proposed. BF:to . . 09/22'9~ lJ:~2 ~002 ....It:;...--..t..'j .l.~=,- .l.1:.l~~ j.l,,-,I', r....t,;. kUl..' ~ ~l~:= ru ':;'::I~i.O::':;..... i-'.W..::. ~E.iCH AND DE&Cpclt=i!ON . _.pr.L__E/J:m--!u.lb. ,MD.d~s-ef.ie....--- -::-....---. . ,J}.,.,t.J,. .. .A-ICi"il"T.-G'1"}-r=t:ITON ..AO. .,.. .... _ ,... ~ . ....__ ~_.~a..t.!1''':;. . J.V.&ii.V!i. .O#*"f;.J..~n M,' ...- .._..._..__.._-A."',...,~..." '.A~ r$.'... .Ir;h-, . r',,*'O'-? -----. ,-- - "-." . 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[J..,o+-- ~,______ ==-0:.-,,---.; !" ~I I EXIS1'JNG PR9PERTY DESCRIPTION T=t: B; Registered Land s~ No. 450, Ramsey Couxuy MiImesota. PARqL A= , Th2t p;irt or Tract B, Registm;i Land Sur.-ey No, 450, Ramse)' Coumy, MimIesota lying nor'"..h of the SC\1th 100.00 ~ of said Tract B, as =-::d along the east line thereof ~' The sou\:h: 100.00 f:et of Tram B, Regist-..r:d Land Sum:y No. 450. Ramsey County, Minnesota, as m=>:d along the Cast ~ \hereof. . - Scale t.=jlJo' i [ hereby certiPI that this sr.;rvey, plan, or report wcs (ti. G R~ ( ~ !NO. ! prepared by me of i.Hlder my direct supervisIon _ and_; 4. ," ~ Drewn by <.T1t.- I tho' \ m 0 duiy Registered Lane Surveyor under the [ LANPSU~!O~5 I law t;~e ,o~....tAin~c'-, ' 1'3113'"' LEXfNc::::ICN AV:::. NO. Checked oy, 1,..,? . - 'I' C1RCL= PINES, MIN.~eoT A ___ ...... .._ ~ .....' . J _ . _ _ ;;5(2.:H4_O:;~'24 i'EL. 1~_!;5;;~ . . ~ 0 0 rn t"' @ 0 '0 ~ 0 0 - g n ;:;. 0 == ~ ~ ~ ~ ..... 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(p ~~ _ . I <> <> '.... I " .. r'" ~ Iij)... "'-'. -I.' I J ' ~ "0 ,. ~ :z!:.' - . l;JI' '. j ...." . ,: :0.. '~1': .~ )1., . ..:g, ," I. -' r~,I. , / ..' , .l2J';'';~' :S I, ..' .I"-I~ij!'.~ '" :"t~~.'J ~'. ~l~' .,.t ,/ '1W-_'n> l' 6& ~.~. . :,':-~~ ~,~_.__~,~._.-'b"'~-~""--::~._~;-,-~7':"'~~:"~' '.' ,. ~.""-"";"~-~,,,, -~"'''!''''''''':~_..---:' ~NE.W efW5HTe-N--." "-- -R 11.. ".. ',' " " ":~;- " j" '. ,. ' " ' '. ' ___~. ' Qi ,'.: ,~'t'~.M..._.L,~'~~, .,-_... -,"--" .'. .- '-,'. .... ...~ -,~..,' .'.....' ."'al'-'7l\'."C~ 30. , , . ~,,', "a .::. r--. " .' "Ef. CIl'. ".' {;' . ~ f'^RK I ,,' .....::: ,~,..,-i'>,,". :..'0 .;' , , : ~ ' ".-:~ . 'l oJ - '" () .0 ,.,., c: .. W' c- .. . e rJ ~ .' . .,." .,2 J':'.; 1 . "";' ~ ..' ....';.. -; " '.". I ,..,,1 ,..F.Af~K a , .' '".: ~',~, '?.' .,i: '. I( . ';",' (re"-' .. .. ; h .. '"" ... " ' ' . - ., .....,':.-~ . "l.l""S'" , I q "..: ", - , .,' .1'/' ' .. .---- ,'. ,'.j"....'. . . I :1-,' '" ) ... .-,-:':' :, ." ,.. Po '.'L I. . :,1' ....1 ~ . ;:~: j: ..... . '.;",-'(-}.,.,'\r. ' ,.,-- - -I -:-- -' - ",' ~.. ~'~~,::,:~.'^~.:, -' - ~: ,_.~ -- ~ - .~ . .... City of Arden Hills Chapter 2 Administration . appropriation and expenditure of public funds, for example, but not limited to. publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. Section 240 - Personnel Policy for City EmploYeell . 240.01 Purpose. It shall be the purpose of this Chapter to establish a uniform and equitable system of municipal personnel administration for all employees of the City. 240.02 Scope. Any term and condition of employment shall remain solely within the discretion I of the City to modify, establish or eliminate. This Chapter does not constitute and shall not be . construed as an employment contract between the City and any employee covered herein. The City retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically referred to in this Chapter. 240.03 Relation to Other Laws. The personnel policies contained in the personnel chapter are subject to the laws of the United States, the State of Minnesota and the City ordinances. In the event that any provision of this Chapter shall be held to be contrary to law by a court of competent . 'State law reference-Personnel, M.S.A. Ch. 418. 2 - 40 -. City of Arden Hills Chapter 2 Administration . jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be provided. All other personnel policies continued herein shall continue in full force and effect. 240.04 Application. The provisions of this Chapter shall apply to all employees of the City except the following: A. All elected officials. B. Temporary employees and part-time employees other than regular part-time employees. . C. Consultants and others rendering professional services on a fee basis. D. Volunteer personnel and personnel appointed to serve without pay, including members of boards and commissions. E. Emergency appointees serving with or without pay. 240.05 Variance. In the event that strict compliance with the provisions of this personnel ehapter ~:tSYfmight produce practical difficulties or unusual hardships, the City Council shall have the power to vary any such provision(s) in light of the purpose and intent of this Chapter and to the extent consistent with governing law in order that the interests of justice and fairness may be . 2 - 41 .. City of Arden Hills Chapter 2 Administration . served. 240.06 Equal Employment Opportunity. It is the policy of the City to provide equal employment opportunity to all persons. All employment policies and practices shall be nondiscriminatory in compliance with federal laws, state statutes and local ordinances. No individual shall, on the basis of race, color, creed, religious or political affiliation or belief; m?'."-'.:"" n.._ :"'Y."'.('''' ':-'/~'~~/~ -", ......."'" national origin, sex, ~1t!L~J~~;2age, marital status, disability or status with regard to public assistance, be excluded from employment or be subjected to discrimination regarding any and all terms and conditions of employment by the City. NOTE: M.S. 363.03 dictates. 240.07 Sexual Harassment Policy. It is the policy of the City to prohibit sexual harassment. . Action of an employee during working hours or on City premises or otherwise in the course of employment which tends to humiliate, demean, intimidate, degrade or harass another employee with reference to or because of that employee's sex is prohibited and will not be tolerated. Verified evidence of such conduct will lead to disciplinary action which may include suspension or discharge. Such infractions will be considered significant elements of job performance for purposes of consideration for salary action, job assignment and promotion. Any employee who experiences sexual harassment is urged to report such treatment immediately to their supervisor . . E("""'W~~Y~1:/~1"'?ij'/'N ;"",.m//'w0:'W/'{~''''_':;;-;~~?X'''#w;'~<<--'-:_:''~'w-:(-';:~W5:"':'1':'~>~'>~/';' -;<~ or to the Clerk-Administrator. "."'....~~:!mjLi!kil!t1!;mm:IL~..Nmw.~~!;;'f!;ikm..J~~.~, ffrfestl;-;'a'<Y//.;d/C~(:ana4fisc;,;,.,n;w~~;'''m/:%'l-:~~?HonsT<<1''~Y~;';Y('. .'r//"':""Y///?~lliU~ffiehc .;X......\,8 ~........... ..jpl~.xL~"oJ....."".....m.......... .......N.......N.... ................... 240.08 Definitions. For the purposes of this Chapter, the fi$[g~;terms ~~lEaf~ . 2 - 42 . City of Arden Hills Chapter 2 Administration . ~f:iw'wm:&ivm~\Q;"Y:Eli3eclllere:ift life defined III f8118..s: ~"'/~~~<";<-";W~/d//...~~,y~,.~/,//.--'''h''>'_-- - ':-'"%""~':~ Subd. 1 Anniversary Date. ~i~~mAM::.~~:ii.~l1 ,:1),leal1:the month and day of initial hiring or promotion of an employee. ""...n,'.'./"/-""""",, ."'Hn."..m.'Y,'//........'..., '.._ Subd. 2 Benefits. ~ft1j':;';~:J!~ indirect compensation and any privileges granted to employees, including: Vacation leave, sick leave, holiday leave. funeral leave, military leave, group insurance and any other benefits approved by the Council. Subd. 3 Class. ~~S~~!~;a position or group of positions similar in respect to their duties and responsibilities so that the same title can reasonably be used for the position, and . the same salary schedule may be applied to the position. Subd. 4 Demotion. %<~~::~:::,~/:;lfi~aiYthe placement of an employee in a position having a lower pay and/or less responsibility than the position previously held. Subd. 5 Fiscal Year. !f'~"1r~f~~iiZ~:iifJanuary I through December 31, inclusive. Subd. 6 Grievance. ~"'Y':"'//H!/~1f0~Jfi~!r~{Y~/~":::///<.. . _ ...~2;jL~,.h..i~::,a dIspute or disagreement regarding the inte retation or lication of this Cha ter ~~att~'yR91r~'~-'~rtmaet~.au~;y(rffi~ rp app p 2!t,..JY, ..wuS); ..N.' . 'd. .."".,.h.....'... ..'N..,,.,.,.., %h".".'...~ ~Pffi. . 2 - 43 _ City of Arden Hills Chapter 2 Administration . Subd. 7 Immediate Family. ;)~t;i"~y~Jh~jJili~:3nthe spouse, parents, children, brothers and sisters of an employee and parents of the spouse of an employee. Subd. 8 Layoff. 6"gm2~K~E~the temporary dismissal from employment of an em- 17&,.~...m? ployee for an unspecified length of time. During a period of layoff, employees tie-1fuillnot accrue benefits and ll1'e 8jli\I]not ri!f;credited with service. "...... ,'U '.;.,._",'",:' :"/.Y.'-"':" "''''1'&''';','('-" ',"", '.""."~_'U_'_/'_"___/'Y/" Subd. 9 Municipal Service. iliMH/;li9m~t~.f;~!,;~employment with the City. Subd. 10 Part-time Employee. Ir'wml'/.r/~~Y~::7r""W"{{%'W1:''/<<f;';;;;'~;$'/{(/f..w;n: . ~; ~4im\i'~~.z-,~;.any person who IS z w '~'N_'/'>_'''' //,,;!>>.,~/,-, c,' ","",' /..w...h;'_'~~,,,.N,W,.,X N'",---'-,"'_,_k engaged in part-time, seasonal or casual employment working less than twenty (20) hours per ; . week. No benefits shall be accrued. Subd. 11 Position. ~~~'~f".ij~//:'://; . . ,,".,.,,;';L..,xe~iemployment calling for the performance of specified tasks which constitute the total work assignment of a single employee. There are as many positions as there are employees. Subd. 12 Probationar Period. ~~f~ft~ati0".""'ii,the riod of six 6 y B.....,..".. .... ..d.' ."..,.....,.O'd.". ,...........J~, pe ( ) months after original appointment of any regular full-time or regular part-time emplo)'6e. This period is a trial period considered as an integral part of the examination process during which an employee is required to demonstrate fitness for the position and ability to meet re- quired performance standards of a position. . 2 - 44 . City of Arden Hills Chapter 2 Administration . Subd. 13 Probationary Employee. ~.~ Employee~.j~"l!ineanone who has been assigned to a regular full-time or regular part-time position but who has not completed the probationary period. ". .y,..,'//.C.....;'''_..'~.,.,_..-%. 7-' "1'-"",...",_.w/~;;"<"/' Subd. 14 Promotion. 0~..R.ggg,"~.rtIti!1}the placement of an employee in a position having a higher pay range and/or more responsibility than the position previously held. Subd. 15 Regular Employee. ~gnl,,{;gf!ljlloy~:,?,,#I1.~' an employee who has completed the required probationary period and who serves in a position which is provided in the budget on a regular basis. . Subd. 16 Re Iar Full-time Em ee. ~.'r;i~Fiill:iIDIiifmjsy~;~f(fiii~a re ular gu ploy .d...ig... ........d.".....d ...... .....dd......_........ ........". g employee who has successfully completed the required probationary period and is scheduled for that number of hours which make up the regularly scheduled weekly or monthly period of service in the class. Subd. 17 Re Part-time Em 10 ee. ~.:iit;;;;1f~;~ee:Z~~~a re ular gular p y .,,~. ..._.....".... s_... ... ..d............oo........ g employee who has successfully completed the required probationary period and is employed on a schedule of twenty (20) or more hours per week but less than forty (40) hours per week. Benefits will I'~fraccrue on a prorated basis. Subd. 18 Service Credit. ~.~c:iedii.~.~,..jj~ the specified period of time required for an employee to be eligible for benefits. . 2 - 45 , City of Arden Hills Chapter 2 Administration . Subd. 19 Termination. ~:t9i!'li""ii9~:J~[ijJ.eanthe separation of an employee from the municipal service as a result of discharge, resignation, retirement or death. Subd. 20 Transfer. ~~:r~i!fr-~1the placement of an employee in a different position within the same class as the position previously held. A transfer does not result in a change in pay range. 240.09 Appointments. All appointments in the municipal service shall be made according to job-relevant qualifications, merit and fitness as determined by the City Councilor Clerk- Administrator. Appointments to municipal service shall be made by the City Council. If the Council desires, it may request the recommendations of the Clerk-Administrator or department . head. Subd. I By Examination. When required by law, ~'by the City Council; or derk admifiiJtntlor, job-relevant qualifications, merit and fitness may be ascertained by administering job relevant written, oral, physical, psychological, medical or other examinations which will determine the relative ability of the candidate to discharge efficiently all duties of the position for which such examinations are held. Subd. 2 Without Examination. In case of appointment to positions for which examinations are not required, the City Council aT derk adlftiniJlI'llt6f may appoint any person who appears to meet the job-relevant requirements listed in the classifications and who is found to be . 2 - 46 . City of Arden Hi.J.b Chapter 2 Administration . qualified to perform all duties of the position. Subd. 3 Relationship to other City Personnel. Whenever possible with due regard for job-relevant qualifications, merit and fitness, the City Councilor clerk administrator shall avoid the appointment of any person within the immediate family of elected or appointed officers or employees of the City. In the event that a member of the family is appointed to a position, the appointment shall not be made within the same department in which an immediate family member works. NOTE: It is illegal to discriminate against family as to hiring but o.k. to prevent direct supervision. We might want to discuss this further. This provision 00e3 ~ffnot apply to marital status as protected under the Minnesota Human . Rights Act. Employment of the spouse of an elected or appointed officer or employee is not prohibited; however, appointment or assignment of an employee's spouse in the same department in which the employee works is prohibited. Subd. 4 Status of Employment. Appointment to a position in the municipal service shall not be construed to be a property right of the employee. All employees whose positions are covered by this Ch2pter are appointed by and serve at the sole discretion of the City CounciL Subd. 5 Promotion from Within. It shall be the policy of the City to fill vacancies by promotion of current employees from within where practicable. This policy shall not be construed to preclude the City from external recruitment and/or selection of applicants outside . 2 - 47 ---.-.-- City of Arden Hills Chapter 2 Administration ... the municipa1 serVice nor as a waiver of job-relevant qualifications for a position nor as a . guarantee of promotion from within to any and/or all positions for which job openings occur. All job openings shall be filled based on consideration of job-relevant qualifications, merit and fitness. lob openings shall be posted in the City Hall for five (5) workdays prior to the filling of such vacancies. If a position is filled from within, length of service in relevant job classification(s) shall be the determining factor only when job-relevant qualifications of em- ployees being considered are equal. Subd. 6 False Information. Any applicant or employee giving false or misleading information on an application form, cheating on an examination or falsifying a statement, certificate or evaluation shall not be considered for employment or shall be subject to . immediate dismissal. Fraud or attempts to commit fraud which would preclude the City from impartially executing the provisions of this Chapter shall be cause for the City to refuse to appoint an applicant or to dismiss an employee. Subd. 7 Bribery. No person seeking employment or promotion shall either directly or indirectly, attempt to influence the Clerk-Administrator or City Council in any way with money, services or other enumeration. . 240.10 Probationary Period. Subd. 1 Purpose. The probationary period shall be regarded as an integral part of the . 2 - 48 City of Arden Hills Chapter 2 Administration . examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to the position and for rejecting any employees whose performance does not meet all required work standards. At any time during the probationary period of an employee, the Clerk-Administrator or employee's department head may recommend to the City Council that an employee be transferred or dismissed if' their position is discontinued or if their performance does not meet the required standards. Subd. 2 Application. Original and promotional appointments for all positions shall be probationary and subject to a probationary period of six (6) months service after appointment. Subd. 3 Review. At least three (3) week prior to completion of the probationary period, the . Clerk-Administrator or department head shall review the performance of a probationary employee and make a recommendation to the City Council. The matter shall be placed on the Council agenda for the next regular meeting at which time ~iCouncil shall consider the recommendation and make a determination as to whether the employee shall be continued as a regular full-time or regular part-time employee or be terminated. If the employee is not to be continued beyond the end of the probationary period, the employee shall be so notified be- fore the end of such period. Subd. 4 Credit fur Benefits During Probationary Period. During the probationary period, an employee wil:l ~mreceive paid holidays. Upon successful completion of a probationary period, an employee's service credit for the purpose of computing benefits hereunder shall . 2 - 49 City of Arden Hills Chapter 2 Administration . be determined from the commencement of his m;]e{probationary employment. After six (6) months [one hundred eighty (180) days] of continuous service, a newly hired probationary employee wiIl-"~be entitled to use sick leave accrued from the date of employment. Newly appointed employees ~.aocrue vacation leave during the probationary period and will ~jfbe eligible to use accrued vacation leave after six (6) months of continuous service. This provision tlee5-1~(Cnot apply to employees serving a probationary period following promotion. Group insurance benefits shall start in accordance with any waiting periods designated by the group insurance carrier. 240.11 Position Classification Plan. . Subd. 1 Establishment. The Council shall establish and maintain a position classification plan for all positions covered by the provisions of this Chapter. All positions shall be grouped in classes having a definite range of difficulty and responsibility. For each class of position, there shall be; a class title description of the duties of positions within a class; a written nature of the work and the relative responsibility of the positions in the class, examples of work which are illustrative of duties of positions allocated to the class, requirements as to knowledge, ability and skills necessary for performance of the work and a statement of job-relevant qualifications necessary for recruitment into the class. Minimum job-relevant requirements may be added for any position. . Subd. 2 Allocation. When a new position is created for which no appropriate class exists or 2 - 50 City of Axden Hi.l.b Chapter 2 Administration . when the duties of an existing position are sufficiently changed so that no appropriate class exists. the Clerk-Administrator shall create a new class and shall cause an appropriate class specification to be submitted to the Council for approval. Subd. 3 Plan Review. As often as is necessary to assure continued correct classification, the position classification plan shall be reviewed by the Clerk-Administrator, and necessary adjustments shall be made subject to Council approval. Subd. 4 Filing of PIan. The position classification plan shall be filed by the Clerk- Administrator The plan so filed and subsequently adjusted shall have the same effect as . though it were a part of this Chapter. 240.12 Compensation PIan. There shall be established a compensation plan for all positions subject to this Chapter. Subd. 1 Establishment. The calendar year of pay for each position shall be established on an annual basis by resolution of the Council following adoption of the annual budget. The compensation plan shall be filed with the Clerk-Administrator and shall have the same effect as though it were a part of this Chapter. Such resolutions shall state the starting salary and the maximum salary for each position classification. . Subd. 2 Salary Range. Any sa1ary range established for a class shall represent the total direct 2 - 51 City of Arden Hills Chapter 2 Adllliuistration . remuneration for full-time employment in the class but shall not be considered as reim- bursement for official travel or other expenses which may be allowed for conduct of official business. No employee shall receive pay from the municipality in addition to the salary authorized for any position to which the employee has been appointed. This shall not prevent employees from working in more than one (I) position when authorized by the City Council. ar Clerk AdmiHi:Jtrater. Subd. 3 Overtime Pay. Overtime work is work in addition to the established schedule for hours of work and shall only be performed with the approval of the employee's supervisor or the clerk administrator. Employees shall be paid at one and one-half (1112) times their basic . hourly rate of compensation for all hours worked in excess of established schedules in accordance with the provisions of the Fair Labor Standards Act. Subd. 4 Travel Expenses. An employee shall be reimbursed for traveling expenses incurred when traveling on City business only upon approval of such expenses by the City Council. In order to receive such reimbursement, the employee shall fill out the appropriate claim form and submit it to the clerk administrator with all reasonable promptness after completion of the travel. Subd. 5 Workday/week. The normal workday for regular City employees shall be eight (8) hours. The work hours shall be established by the Clerk-Administrator with the consent of . the City Council. Note: What about dept. heads, etc.? 2 - 52 City of Arden Hills Chapter 2 Administration . A. The normal workweek for regular City employees shall be five (5) days, Monday through Friday. The normal workweek shall consist of forty (40) hours. B. Employees shall be gnmted a rest break not to exceed fifteen (15) minutes away from job duties on two (2) separate occasions during each work shift and one-half ('h.) hour unpaid lunch break. Subd. 6 Hourly and Daily Rates. The appointing authority may authorize the payment of hourly rates of pay for classes of positions when conditions of employment warrant such ac- tion. Such hourly rate shall be determined by dividing the annual salary by the actual number . of work hours in the calendar year. 240.13 Conflict of Interest. It is expected that every employee shall exercise good judgment in avoiding involvement with conflicting outside business interests or the business interests of coworkers or subordinates such that these interests conflict with the conduct of City business. These include but are not limited to the following: A. Those in which an employee has a financial interest in or receives benefits from a business which they may be able to favor with City business by reason of their employment with the City. . B. Employees and department heads conducting personal business on City time and 2 - 53 ------------ --.--.....- - City of Arden Hills Chapter 2 Administration . department heads who knowingly allow subordinates to conduct personal business on City time. C. Those in which an employee accepts fu1I- or part-time work elsewhere where such activity interferes with their duties and performance of their job with the City. 240.14 Performance Evaluation. Subd. 1 Written Review. There shall be a minimum of one (1) written performance review on an annual basis for all regular full-time, regular part-time and probationary employees. . The evaluation ~sinclude a review of the employee's major responsibilities, an appraisal of the employee's job performance, identification of any problem areas and an action plan for correction or improvement, including the establishment of future performance objecti ves. Subd. 2 Personal Interview. A personal interview between the immediate supervisor and the employee shall be conducted by the supervisor within a reasonable time period after receipt by the employee of the supervisor's written evaluation. A copy of the written evaluation for each regular and probationary employee shall be submitted to the Clerk- Administrator for review and shaII be filed in each employee' s personnel file. An overall evaluation of satisfactory performance ~rbe required prior to the granting of any . salary increase. 2 - 54 City of Arden Hills Chapter 2 Administration . 240.15 Service Credit. Subd. 1 Commencement. Service credit is credit given a City employee for employment by the City as a regular full-time or regular part-time employee commencing with the date of original employment. This includes a probationary period, if any, before employment. Subd. 2 Accrual. Employees must earn six (6) months' [one hundred eighty (180) days] service credit before they are eligible for any benefits hereunder except holiday pay. Six (6) month. s service credit is one thousand forty (1,040) hours of tota1 employment. No more than one (I) year's service credit shall be given an employee for each year of their employment . even though more than two thousand eighty (2.080) hours are worked during anyone (1) year. A temporary employee transferred to a regular position ..ill ~fr:be given service credit for continuous service prior to such transfer. Subd. 3 Full-time/Part-time Conversion. A regular part-time employee ~receive service credit by converting their part-time employment to equivalent adjusted full time service. In the event such employee has been employed for a full year from the anniversary date marking the commencement of their employment, their service credit shall be based on such full year. Subd. 4 Temporary Employees. Temporary employees shall not be entitled to paid . holidays, vacations, sick leave or group insurance coverage. 2 - 55 -- City of Arden Hills Chapter 2 Administration . Subd. 5 Part-time Employees. Regular part-time employees shall be entitled to paid holi- days, sick leave and vacations computed by converting their part-time employment to equivalent adjusted full-time service. Regular part-time employees shall not be entitled to group insurance coverage. 240.16 Vacations. Subd. 1 Application. Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. No regular employee shall carry over into the next calendar year any more accrued vacation leave benefits than . forty (40) hours in excess of the total hours the employee has actually accrued during that year. Subd. 2 Approval. Vacations will ~t~be subject to the prior approval of the Clerk- Administrator NOTE: (Supervisor?) An employee having the most continuous service will Ii~l%be given preference in the choice of vacation time. All vacations must be arranged at least ten (10) days in advance. If, during vacation leave, an employee becomes ill and is confined to a hospital or to bedrest, sick leave benefits may be used. The Clerk-Administrator may require that such illness be verified by medical certification before approving the payment of sick leave benefits. When an official holiday as provided herein falls on the working day during an employee's vacation, the day of the holiday ~l not be counted . as a day of vacation. Similarly, official holidays as provided herein falling on Saturday or 2 - 56 City of Arden Hills Chapter 2 Administration . Sunday, when they have the effect of converting a Friday or Monday to a holiday, shall not be counted as a day of vacation. Subd. 3 Probationary Period. Newly appointed employees will accrue vacation during the probationary period and will be eligible to use accrued vacation after the completion of six (6) months [one hundred eighty (180) days] of continuous service. This provision does not apply to employees serving a probationary period following promotion. Subd. 4 Separation. An employee who leaves the municipal service after a minimum of one (1) complete year of continuous service sha1l be compensated for vacation accrued to the date . of separation. Subd. 5 Vacation Accrual. A. Commencing with the date on which an employee first became employed by the City and continuing through the fifth year of their employment, a regular full time employee shall accrue paid vacation leave benefits at the rate of three and five-tenths (3.5) hours for each biweekly pay period they have been an employee of the City; provided, however, no probationary employee shall be entitled to avail themself of such benefits. Temporary employees are not eligible for vacation leave. . B. Commencing with the sixth year of employment and continuing through the eleventh 2 - 57 City of Arden Hills Chapter 2 Administration . year, a regular employee shall accrue paid vacation leave benefits at the rate of five (5.0) hours for each biweekly pay period they have been employed by the City. C. Commencing in the twelfth year and continuing through the thirteenth year, a regular employee shall accrue paid vacation leave benefits at the rate of five and five-tenths (5.5) hours for each biweekly pay period they have been employed by the City. D. Commencing in the fourteenth year and continuing through the fifteenth year. a regular employee shall accrue paid vacation leave benefits at the rate of six (6.0) hours for each biweekly pay period they have been employed by the City. . E. Commencing in the sixteenth year and continuing through the nineteenth year, a regular employee shall accrue paid vacation leave benefits at the rate of six and five-tenths (6.5) hours for each biweekly pay period they have been employed. F. Commencing in the twentieth year of employment and thereafter, a regular employee shall accrue paid vacation leave benefits at the rate of seven (7.0) hours for each bi- weekly period they have been employed by the City. 240.17 Sick Leave. . Subd. 1 Purpose. Paid sick leave may be granted by the City when an employee is unable 2 - 58 City of Arden Hills Chapter 2 Administration . to perform work duties due to: Illness, disability, including temporary disability due to pregnancy and childbirth, legal quarantine, serious illness of a spouse, child, parent or legal guardian residing in the same household as the employee; the necessity of obtaining medical or dental care or other emergencies. Paid sick leave shall not be granted unless it has been requested by an employee for the purposes previously stated, previously earned by the employee in accordance with the accrual schedule and approved by the employee's immediate supervisor. Subd. 2 Eligibility. The supervisor or administrator shall determine whether an employee is eligible for benefits under the sick leave plan and in connection with such determination . may determine in their discretion whether an employee's absence from work is actually due to illness or injury. In the event the supervisor deems it proper to make an inquiry into an employee's absence, the employee shall cooperate in authorizing the supervisor or administrator to obtain any necessary medical or hospital records. Claiming sick leave for reasons other than those stated shall be cause for disciplinary action or discharge. Subd. 3 Accrual. Sick leave shall be earned by all regular fulltime employees at the rate of ~U/U' _. eight (8) hours per month or twelve (12) days per year. Temporary employees llft: ili\Iknot ~;eligible for sick leave. Employees using earned vacation leave or paid sick leave shall be considered to be working for the purpose of accumulating additional vacation or sick leave. . Subd. 4 Accumulation. Sick leave may be accumulated to a maximum of one hundred 2 - 59 City of Arden Hills Chapter 2 Administration . (100) days. Probationary employees who are new hires may not use sick leave until satisfactory completion of six (6) months [one hundred eighty (180) days} of continuous service. Probationary employees who have been promoted may use sick leave; however, if sick leave used exceeds a total of five (5) days, the probationary period shall automatically be extended by the same number of days as sick leave days used. When accumulated sick leave reaches the maximum, the employee ~;'continue to be credited with one (1) day per month banked sick leave which may be used after depletion of their accumulated sick leave to protect the employee in the event of a lengthy illness or accident. NOTE: What is the point of cap if banking is at same rate as normal accrual? . 240.08 Emergency and Funeral Leaves of Absence. Subd. 1 Emergency. In the case of the absence of an employee due to a serious emergency, including a serious illness of a member of such employee's immediate family but excluding the death of a member of such immediate family, the -Clerk-Administrator in ~mjlr~ discretion may authorize use of sick leave benefits up to a maximum of three (3) days for each emergency within the limits to which the employee is entitled by their service credit. Subd. 2 Death. In the case of the death of a member of an employee's immediate family, such employee 5hall be entitled to three (3) days' funeral leave with pay, which funeral leave shall not be credited against such employee's accrued sick leave benefits. . 2 - 60 City of Arden Hills Chapter 2 Administration . 240.19 Extension of Leave. Subd. 1 Notice. In order to receive paid sick leave, an employee must report as soan as practicable to their supervisor or the Clerk-Administrator the reason for such absence, keep their immediate supervisor informed on a daily basis if the absence exceeds more than three (3) workdays' duration and submit a medical certificate stating the cause of the employee's absence if required by the -Clerk-Administrator. Subd. 2 Workers' Compensation. An employee who is eligible to receive sick leave and who is eligible to receive worker's compensation payments shall be granted accrued sick leave . pay only in the amount of the difference between the employee's regular salary and the worker's compensation payments. An employee cannot receive more than their normal take-home pay as a result of any City pay supplement to worker's compensation benefits. Subd. 3 Council Extension. The Council may in its discretion grant additional sick leave pay to an employee in the event the Council finds that extension of the normal sick leave allowance is justified because of hardship to the employee. The Council shall determine the existence of the hardship, which determination shall be final. In addition to the particular hardship, the Council shall consider the length of service of the employee, and emergency extensions of the sick leave allowance shall not be granted unless the employee has been in the employ of the City at least one (1) calendar year whether part-time or full-time. The . Council shall also determine in the particular case whether such emergency sick leave as may 2 - 61 --.-----.-- City of Arden Hills Chapter 2 Administration . be granted shall be charged against later accumulations of sick leave by the employee. 240.20 Military Leave. Subd. 1 Coordination with other Law. Military leaves of absence and reemployment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state legislation. Subd. 2 Reinstatement. Upon return from a military leave of absence, a regular employee shall be reinstated to the employee's former position or to a position of like status and pay . provided that the employee is competent to perform all duties of the position to which assigned. Subd. 3 Like Status. If the position which the employee formerly held no longer exists, the employee shall be reinstated to a position of like status and pay provided that it is practicable to do so and that the employee is competent to perform all duties of the position to which assigned. Subd. 4 Compensation. Employees eligible to receive military leave compensation while participating in required training exercises shall be compensated as required by federal and state regulations. . 2 - 62 City of Arden Hills Chapter 2 Administration . 240.21 Unpaid Leave of Absence. Subd. 1 Consideration. Upon consideration of a formal written request by an employee, leave of absence without pay may be granted at the discretion of the Clerk-Administrator with approval of the City Council based on consideration of the following factors: A. Municipal service needs; B. The employee's performance record and length of service; i. C. The reason(s) for the request; D. Any other relevant information. Subd. 2 Length and Terms. If granted, unpaid leave of absence may not exceed a period of ninety (90) continuous calendar days. An extension beyond that period may be granted at the discretion of the Clerk-Administrator however, an unpaid leave of absence shall not exceed one (1) calendar year except when the employee is in the military service or has been disabled while performing job duties in the municipal service. Benefits, including vacation, holidays, sick leave or other forms of indirect compensation, shall not accrue during a period of unpaid leave of absence. Employees shall not be credited with service accrual while on . unpaid leave of absence. During the first calendar month or portion thereof during which an 2 - 63 ------ City of Arden Hills Chapter 2 Administration . employee began an unpaid leave of absence, the employee may elect to be covered by group health insurance but will-~afJbe responsible for paying one hundred (100) percent of the premium costs. Any exceptions to this policy ",ill ~!ttrequire the approval of the City Council. Subd. 3 Advance Approval. Unpaid leave of absence shall require the'advance written approval of the Clerk-Administrator based upon the recommendation of the employee's department head. 240.22 Jury Duty. . Subd. 1 Leave Granted. An employee required to serve as a juror or under subpoena as a witness in court shall be granted leave of absence with pay while serving such capacity. Such employee shall receive the amount of the difference between the employee's regular salary and jury duty payor fees received for service. An employee cannot receive more than the employee's normal take-home pay as a result of any City pay supplement to jury duty pay. Subd. 2 Reporting to Work. If the jury is dismissed prior to the end of the employee's workday, the employee will report to work if practicable. 240.23 Parental Leave. Parental leave in conjunction with the birth or adoption of a child shall . be in accordance with State ~;~fiitStatutes. 2 - 64 City of Arden Hills Chapter 2 Administration . 240.24 Holidays. Subd. 1 Designation. The following eleven (11) eight-hour days shall be observed as paid holidays for regular fulltime employees and prorated for regular part-time employees. Temporary employees are not eligible for paid holidays. No holiday pay shall be given any employee working less than twenty (20) hours a week. New employees working at least twenty (20) hours a week shall receive holiday pay based on the work schedule for which they have been hired: A. New Year's Day, January I; . B. Martin Luther King's Birthday, observed the third Monday in January (hourly employees are not paid for this holiday); C. President's Day, the third Monday in February; D. Memorial Day, the last Monday in May; E. Independence Day, July 4; F. Labor Day, the first Monday in September; G. Veterans Day, November 11; H. Thanksgiving Day, the fourth Thursday in November; I. The Friday after Thanksgiving Day; J. One-half (V2) day on Christmas Eve; one-half ('h) day on New Year's Eve; K. Christmas Day, December 25; . L. One (1) floating holiday (except probationary employees). 2 - 65 -- City of Arden Hills Chapter 2 Administration . Subd. 2 Holiday on Weekend. When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on Sunday, the following Monday shall be a holiday. When New Year's Day, Independence Day, Veterans Day or Christmas Day fall on Saturday, the preceding Friday shall be a holiday. Floating holidays must have prior approval of the em- ployee's supervisor. 240.25 Severance Pay. Regular full-time employees who have completed ten (10) or more years of continuous service with the City and who are leaving the City's employment in good standing ;//,'-'....,.." ~ receive a percentage of their unused accumulated sick leave upon retirement or layoff. This severance pay benefit will ~Fllfbe thirty-three and one-third (33%) percent of the employee's . unused accumulated sick leave to a maximum benefit of forty (40) days [three hundred twenty (320) hours] of pay. 240.26 Resignation. Subd. 1 Notice. An employee leaving the municipal service in good standing shall give fourteen (14) calendar days' advance written notice of resignation to the employee's immediate supervisor. The employee shall be compensated for accumulated unused vacation leave provided that the employee has a minimum of one (1) complete year of continuous service. Failure to give the required advance notice may be cause for denying future employment in the municipal service. . 2 - 66 . City of Arden Hills Chapter 2 Administration . Subd. 2 Unauthorized Absences. Unauthorized absences from work for a period of three (3) consecutive workdays shall be considered resignation without proper notice unless extenuating circumstances preclude the employee from notifying their supervisor. 240.27 Retirement. The retirement of City employees shall be in accordance with Federal and State Statutes. 240.28 Grievance Procedure. Subd. 1 Policy. It ~(tq~{the policy of the City to prevent the occurrence of grievances . insofar as practicable and to provide an orderly, efficient and timely procedure for dealing with those which do occur. A grievance is defined as a dispute or disagreement regarding the interpretation or application of this Chapter. Subd. 2 Procedure. The procedure established herein shall be followed by an employee in presenting a grievance to the City. Failure to follow the steps within the stated time limits may result in a denial of the grievance on procedural grounds: Step I. An employee claiming a violation concerning the interpretation or application of this Chapter may, within ten (10) workdays after such alleged violation has occurred, present the written grievance to the employee's immediate supervisor or department . head. The immediate supervisor shall provide a written response to the grievance within 2 - 67 , . City of Arden Hills Chapter 2 Administration . ten (10) workdays of presentation of the grievance by the employee. Step 2. If the grievance is not resolved in Step I, the employee may appeal the grievance in writing to the Clerk-Administrator or supervisor within ten (10) workdays of receipt of the department head's written response in Step 1. Any grievance not appealed in writing to Step 2 by the employee within ten (10) workdays shall be considered resolved. If appealed, the written grievance shall be presented by the employee and discussed with the Clerk-Administrator. The Clerk-Administrator shall provide a writttm response to the grievance within ten (10) workdays of receipt of the written grievance. Supervisor? . Step 3. If the grievance is not resolved in Step 2, the employee may appeal the grievance in writing to the City Council within ten (10) workdays of receipt of the Clerk- Administrators written response in Step 2. Any grievance not appealed in writing to Step 3 by the employee within ten (l0) workdays shall be considered resolved. If appealed, the City Council may, at its discretion, establish a date for the purpose of hearing the employee's grievance. Following determination by the City Council, a written response shall be provided to the employee within twenty (20) workdays of receipt of the written grievance or of the hearing. The written response of the City Council shall constitute the City's final response to the employee's grievance. . 2 - 68 City of Arden Hills Chapter 2 Administration . 240.29 Layoff and Demotion. Subd. 1 Layoff. An employee may be laid off at the recommendation of the Clerk- Administrator with the approval of the City Council. Job relevant qualification factors shall be the primary basis for determining Layoffs. Length of continuous service within a given job classification and tota1length of continuous service ~r.be considered when job-relevant qualifications of employees are equal. The Clerk-Administrator shall give a minimum of fourteen (14) calendar days' advance written notice to any employee to be laid off. Subd. 2 Demotion. At the recommendation of the Clerk-Administrator and with the . approval of the City Council, an employee may be demoted from one position to another in a lower classification at a lower level of pay. 240.30 Discipline for Just Cause and Discharge. Discipline and discharge '"ill ~rbe for just "//:'f~'''''..'.~ cause. Evidence of just cause 'Nill ~lijtprovide the basis for all disciplinary action. Cause for discipline and discharge includes but ts-i~Ii.not ~'limited to: A. Incompetence or inefficiency in performance of duties. B. Conviction of a criminal offense. . C. Violation of any lawful or official work rule, regulation or City ordinance. 2 - 69 . City of Arden Hills Chapter 2 Administration . D. Reporting for work and/or working while under the influence of alcohol, drugs or other controlled substances. E. The use of offensive conduct or language toward the public, municipal officers or employees. F. Carelessness and/or negligence in handling or control of municipal property or property entrusted to the employee by the City. G. Inducing or attempting to induce a person, officer or employee of the City to commit an . unlawful act or to act in violation of any lawful and reasonable official regulation or order. H. Dishonesty in the performance of duties. I. Violation of or fraud regarding the provisions of this Chapter. J. Failure to report to work. refusal to work as assigned and directed or other insubordination. K. Acceptance of a gift under circumstances from which it could be inferred that the giver expected or hoped for preferred or favorable treatment in conduct of City business. . 2 - 70 . City of Arden Hills Chapter 2 Administration . L. Unapproved use of paid work time and/or equipment in outside employment or for personal benefit. M. Claiming paid sick leave for reasons other than those provided. N. Other incidents which constitute cause. (Ord. No. 275, 1-2-91) 240.31 Supervisory Authority Regarding Discipline and Discharge. A. Supervisors ~lf..have the authority to impose oral and written reprimands without the . prior approval of the -Clerk-Administrator. B. Upon the recommendation of the Clerk-Administrator and with the approval of the City Council, an employee may be suspended without pay to a maximum of thirty (30) continuous workdays in any given calendar year. C. An employee may be demoted or discharged by the City Council. Employees shall be notified in writing of suspension without pay, demotion or discharge. Such notice shall include the cause for such action. D. The employee may grieve disciplinary action or discharge in accordance with the . established grievance procedure. Grievances of disciplinary action may be initiated at Step 2 -71 , . City of Arden Hills Chapter 2 Administration . 2 of the procedure. If the grievance is upheld, the employee shall receive all payments, benefits and service accrual which the employee would have earned during the period of suspension without pay, demotion or discharge. In case of demotion or discharge, an em- ployee shall be reinstated to the position formerly held if the grievance is upheld. . . 2 -72 , ... . '-]1. w.. Roseville Area Schools . District 623 ..- serving the Communities of Arden HUls. Falcon Heights. Lauderdale. Little Canada. Maplewood. Roseville. and Shor,eview District Center. 1251 County Rd 82 W . Roseville, MN 55113-3299 . 612/635-1600 September 23, 1994 Mayor Thomas Sather City of Arden Hills 1450 W Highway 96 Arden Hills, MN 55112 Dear Mayor Sather, Attached is a draft of a new School Bus Safety Pamphlet we would like to send to all homes in the Roseville Area School District. The real pamphlet will be in color, and is about 2 weeks away from being printed. Winter driving around bus stops has not been adequately covered before in publicity regarding school buses. We also feel that it is important to remind motorists at the start of the winter season about the need to drive safely, and how to do that. We would like to have it go out as part of a mailing already going out from the local municipalities in the third quarter of the year. This could be a newsletter or a utility bill, whatever goes to all . homes in your city. As you can see, the pamphlet is set to be triple folded, resulting in an standard business envelope size. Please let me know if you are interested in participating. We know the addresses in your city in our district and will be happy to also provide listings of those addresses for your assistance in getting them to the right place. Thank you for your consideration in improving the safety of our communities. Sincerely J.() ~V~d~ Transportation Safety DireclUr Roseville Area Schools c Principals Attachment Draft pamphlet . Telephone 635-1609 An Equal Opportuniry Employer . .. .. ------ _.- --. SEP-22-1994 14:26 F~ 57 PAUL SOH TRANG TO JAN VRNDERWRL.. F.132 .' . ... !l"... n~ ~U :;J~ "'0 1z ~t~ g 0 ~ 1!: ~ f ~ !l [~~ ! ~ ~h " ; ; Ii . t' ~" .1 ~ ~ Co ' ~ ~ ,..,.';. ~ " :; g "':, " if .... =- Si H.' g. '" ~ .', ;~ ~ M " H.'~, J " -, 5" . ~ ....,~....... Q U2 9- ~ ~ = .. . ~ 1!: :t ~ 0 ~-l "ifz . Ci'I oiM if ~ Q" I: . 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