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HomeMy WebLinkAboutCCP 10-28-1996 I F~t~E I AGENDA t' ARDEN IDLLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, OCTOBER 28,1996 7:30 P.M. I 7:30 P.M. Call to order/roll call > I- I 7:30 P;M. 2. Agenda Adoption I 7:35 P.M. 3. Approval of Minutes a, October 15, 1996 Regular Council Meeting b. October 21,1996 Council Worksession Meeting I 7:40 P.M. 4. Consent Calendar a. Claims and Payroll I b. Resolution #96-65, Designating Election Results Canvassing Meeting c, Resolution #96-61, Vacating Sanitary Sewer Easement, I Gateway Business District d. Award New Plow Truck Accessories Bid .. 7:45 P.M. 5. Public Comments 7:50 P.M. 6. Unfmished and New Business I a. Reconsideration of Planning Case #95-23, Homes by James b. Creation of Building Inspector Position c. Review Chapters 1 and 2 - Arden Hills City Code I d. Resolution #96-64, Adopting and Confirming Special Assessments for Delinquent Utilities I 9:15P.M. 7. Administrator Comments 9:25 P.M. 8. Council CommentslDepartment Activities I 9:35 P.M. 9. Adjourn I The above times may vary depending upon length of issue discussion, I I .. I I I NOVEMBER MEETINGS DECEMBER MEETINGS .. November 6 Planning Commission 7:30 P,M. December 4 Planning Commission 7:30 P.M, November 12 Council Meeting 7:30 P.M. December 5 1997 Budget Hearing 7:30 P.M. I November 13 Human Rights Committee 7:30 P.M. December 9 Council Meeting 7:30 P.M. November 18 Council W orksession 4:30 P.M. December II Human Rights Committee 7:30 P.M. I November 20 Economic Development 8:00 A.M, December 12 1997 Budget Hearing 7:30 P.M. Committee (Continuation) I November 21 Public SafetylWorks 7:00 P.M. December 16 Council Worksession 4:30 P.M. Committee I December 16 1997 Budget Adoption 7:30 P.M. November 21 Finance Committee 7:30 P.M, Hearing November 25 Council Meeting 7:30 P.M. December 17 Park & Rec. Committee 7:00 P.M, I November 26 Park & Rec, Committee 7:00 P,M, December 18 Economic Development 8:00 A.M. Committee I November 27 Newsletter Committee 7:00 P.M, December 19 Public Safety /W orks 7:00 P.M. Committee December 19 Finance Committee 7:30 P.M. tJ December 30 Council Meeting 7:30 P.M. I I I I I I I .. I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Oct -25-96 10:48 AM t' Last Fax I Identification Result PaQes Illl!< Date Time Duration Diaenostic 4219511 OK 04 Sent Oct-25 1O:47A 00:01:15 002482030022 I 6.0..1 I I I I Ie I I I I I I I tftQ ~~~ tP,,~fj I ,,0 y , I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 Oct-25-96 10:50 AM ~Last Fax I Identification Result Pa2es ~ Date Time Duration Diamostic 6339550 OK 02 Sent Oct-25 1O:49A 00:01:09 002180430020 I 6.0.4 I I I I Ie I I I I I I I ~ I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 tI Last Fax Oct-25-96 10:52 AM I Identification Result Pa~es ~ Date Time Duration Dia!!nostic 6333846 OK 02 Sent Oet-25 10:51A 00:01: 10 002180430020 I 6.0.4 I I I I Ie I I I I I I I .. I I I HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 "Last Fax Oct-25-96 10:54 AM I ldentificatlon Result Pa~es ~ Date Time Duration Diagnostic 6310467 OK 02 Sent Ocl-25 1O:53A 00:00:56 002181230020 I 6.0.4 I I I I It I I I I I I I .. I I I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: October 25, 1996 I TO: Mayor and City Council Brian Fritsinger, City Administrato@ I FROM: SUBJECT: Administrator Comments for the October 28, 1996 Council Meeting I 1. Approval of Minutes The Council is asked to approve the Minutes of the October 15,1996 Regular Council I Meeting and the October 21, 1996 Council W orksession Meeting. 2. Consent Calendar I a. Claims and Payroll I The Council is asked to approve claims in the amount of $433,793.40 and payroll for the period most recently ended. The Council should note the following payments: $151,564.00 to the Lake Johanna Volunteer Fire Department for State .. Benefit Relief Fund payment; $47,043.00 to Ramsey County for October Law Enforcement; and $191,604.91 to the City of Roseville for third quarter water purchases. . I b. Special Council Meeting. Canvass Municipal Election The Council is asked to adopt Resolution #96-65, for the purpose of scheduling a I Special Council meeting on Wednesday, November 6, 1996 at 5:00 P.M, to canvass the results of the Municipal Election. I c. Resolution #96-61. Vacatinl! Sanitary Sewer Easement. Gatewav Business District I The Council is asked to adopt Resolution #96-61, vacating a sanitary sewer easement. Mr. Ringwald has prepared information regarding the City's formal adoption of the sanitary sewer easement vacation previously approved for the I GBD. d. New Plow Truck Accessories I Mr. Stafford has prepared recommendations for awarding the contract for the new plow truck accessories to J-Craft of Kimball, with the options listed, at a total cost for the accessories of $33,685. The award of this bid, with alternates and tax I increases the final cost of the plow truck to approximately $90,000. tt I -- I Administrator Comments for October 28, 1996 City Council Meeting I Page 2 October 25, 1996 .. 3. Unfinished and New Business a. Reconsideration of Planning Case #95-23. Beutow Minor Subdivision I The new property owner has asked the Council to reconsider one of the conditions of the Plarming Case #95-23, Beutow RLS Subdivison. The property owner is I requesting a change in the driveway location. The new property ov.mer has included rationale to support this request. b. Buildinl! Inspector Position I Staff has prepared a proposed Job Description for the Council's review in its consideration of a staff Building Inspector. The Council will also need to I authorize the sixty (60) day notice to the current Building Inspector, Dave Kriesel, and Heating & Mechanical Inspector, Eugene Palmy. c. Review Chapters 1 and 2 - Arden Hills City Code I At the October 28th meeting, Council will have an opportunity to provide staff I with suggested additions, corrections, changes or deletions for Chapters 1 and 2. I intend to provide several chapters for review at each of the upcoming meetings for an opportunity to publicly review each chapter before final approvals. Once the .- Council has reviewed each chapter, a final hearing for approval of the full code will be scheduled. d. Resolution #96-64. Certifvin~ Delinauent Utilities I The Council is asked to adopt Resolution #96-64, certifying delinquent utilities. This actually allows the City to specially assess $15,613.08 in past-due utility I bills, This represents thirty-seven (37) different customers. The City will add an eight percent (8%) certification penalty. I I I I I .. I I' .... I MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA ~ REGULAR CITY COUNCIL MEETING OCTOBER 15, 1996 8:00 P.M. - ARMY RESERVE CENTER I I CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 8:03p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, I Susan Keirn, and Paul Malone. Absent: None. I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; I Community Development Director, Kevin Ringwald; City Engineer, Greg Stonehouse; Public Works Superintendent, Dwayne Stafford; Administrative Secretary, Sheila Stowell; and Recording Secretary, Carla Wirth. fit ADOPT AGENDA I MOTION: Hicks moved and Aplikowski seconded a motion to adopt the agenda for the October 15, 1996, Regular City Council meeting as presented. The motion I carried unanimously (5-0). APPROVAL OF MINUTES I September 30,1996, Regular Council Meeting I Revise Page 3, fifth paragraph, to indicate "Councilmember Hicks asked" (not Councilmember Malone). I MOTION: Aplikowski moved and Hicks seconded a motion to approve the September 30, 1996, Regular Council Meeting minutes as corrected. The motion carried I unanimously (5-0). I it I -. ------------.---- DRAFT .... 'I ARDEN HILLS CITY COUNCIL - OCTOBER 15.1996 2 I CONSENT CALENDAR -. A. Fireworks Display Permit B. Authorization, 1996 Audit Engagement Agreement I C- Lift Station #6 Improvement, Change Order #1 D, New Street Signs E, Resolution #96-58, Authorizing Termination of Gas Main License, Twin Cities Army I Ammunition Plant F. Claims and Payroll G. Resolution #96-60, Regarding Use of Advance Encumbrance - General State Aid Funds I (City) H. Met CouncillnflowlInfiltration Control Grant Agreement I MOTION: Malone moved and Keirn seconded a motion to approve the Consent Calendar as presented and authorize execution of all necessary documents contained therein. I The motion carried unanimously (5-0). PUBLIC COMMENTS I Mayor Probst invited the audience to address the Council on any issue not already on the agenda. There were no public comments, fI UNFINISHED AND NEW BUSINESS A. Planning Case #96-13, James Danielson, 3238 N. Hamline Avenue, Variance I Kevin Ringwald, Community Development Director, advised the Council of their previous I action to postpone consideration on Planning Case #96-13 to allow time for staff to work with the applicant to modify the building location to minimize the requested variance and improve the I visibility from the Lynch property. It was noted the applicant originally requested approval of front and side yard setback variances to allow for the construction of a 22 foot by 24 foot detached garage. The front yard setback was proposed to be 12 feet while 40 feet is required and I the side yard is proposed to be five feet while ten feet is required. Mr. Ringwald stated the applicant has modified his request such that the front yard setback I would be 15 feet (previously 12 feet) while 40 feet is required. The applicant has also reconfigured the building such that less of the wall is penetrating into the setback area and has improved the sight lines from the adjacent home (3220 North Hamline Avenue). I Councilmember Malone commented on the unusual circumstances which exist due to the configuration of the property and location of the lake. He noted the proposal will result in the I removal of the pumphouse and a less non,conforming structure. Thus reducing the non- conformances overalL .. I I" U~At I ~e ARDEN HILLS CITY COUNCIL - OCTOBER IS. 1996 3 James Danielson, applicant, stated he has nothing to add to the presentation of Staff and believes I the modification complies with the desires ofthe COlillciL He added the relocation is an improvement and additional landscaping will be provided to improve the view from the street. I Mayor Probst concurred the proposed relocation is a better fit with the Lynch property and more attractive than the area where the building could be located without the need for a variance. He I indicated his intention to support variance approval. MOTION: Hicks moved and Malone seconded a motion to approve Planning Case #96-13, I James Danielson, 3238 N. Hamline Avenue, Variance, as revised and based on the following rationale: 1) this garage could be constructed in the front yard without I the need for a variance; however, it would result in a greater constraint to the visual aspect of neighbors; 2) the subject property is located on a lakefront and of unusual shape with limited back yard area; 3) the existence of an unusually large I right-of-way for Hamline Avenue; 4) consideration of the requested variance will result in an overall reduction of the existing non-conforming situation; and S) the restriction that no further building will be constructed on the site within this I building envelope. Councilmember Aplikowski agreed with comments made but questioned the restriction on . further building, It was explained that the restriction is to prohibit further construction within the building envelope. Councilmember Aplikowski stated she is glad this situation could be worked out between staff and the applicant for the betterment of both parties. I The motion carried unanimously (S-O). I Mr. Danielson stated he will comply with the restriction prohibiting further construction within the building envelope. I Due to the late arrival of Sheriff Fletcher, Mayor Probst requested the agenda be revised to delay Agenda Item 6B and next consider Agenda Items 6C, 6D, 6E, and 6F. I C. 1996 Street Improvements, Change Order #2 I Greg Stonehouse, City Engineer, advised the Council is asked to approve Change Order #2 as part ofthe 1996 Street Improvement Project. This Change Order is needed to account for additional costs incurred as a result of the realignment of Oak Avenue to the east due to easement I issues and is specific to the construction of a retaining wall on Oak A venue and replacement of several trees. He advised the total cost of Change Order #2 is $10,600, I MOTION: Malone moved and Aplikowski seconded a motion to approve Change Order #2 as part of the 1996 Street Improvement Project in the amount of $1 0,600. The It motion carried unanimously (S-O). I DRAFT '1 ARDEN HILLS CITY COUNCIL - OCTOBER IS. 1996 4 -.1 D. Stowe Avenue - Final Pay Estimate I Mr. Stonehouse advised the Council is asked to approve the Final Pay Estimate for Stowe Avenue to Valley Paving, Inc. in the amount of$19,409.39 which includes $18,794,89 in I retainage and $614.50 in construction. He advised that all punch list items have been completed and recommended approval of this payment subject to receipt of Minnesota Form IC-134, I Consent of Surety from the contractor's bonding company, and the executed Certificate of Substantial Completion. Dwayne Stafford, Public Works Superintendent, reported on his findings after an inspection of I this project and noted the formation of a sand delta at the storm water outlet into lake Johanna, Mr. Stonehouse advised the contractor has cleaned the outlet into Lake Johanna, I MOTION: Malone moved and Aplikowski seconded a motion to approve the Final Pay Estimate for Stowe Avenue to Valley Paving, Inc. in the amount of$19,409.39. I The motion carried unanimously (5-0). E. Resolution #96-57, Authorizing Application for Recycling Grant Fund for 1997 I Mr. Ringwald advised the Council is asked to adopt Resolution #96-57, authorizing application for the Recycling Grant Fund for 1997. He noted the amount is slightly higher ($200) than last II year and the resolution also approves the annual Score Grant request in the amount of$19,347. MOTION: Hicks moved and Aplikowski seconded a motion to adopt Resolution #96-57, I Authorizing Application for Recycling Grant Fund for 1997. The motion carried unanimously (5-0), I F. Resolution #96-59, Authorizing the Negotiated Purchase and/or Condemnation of 1900 Edgewater Avenue I Mr. Ringwald advised the Council is asked to adopt Resolution #96,59, authorizing the negotiated purchase and/or condemnation of 1900 Edgewater A venue which is the house I extensively damaged by fire in 1993, Mr. Ringwald displayed an overhead which identified the location of the property and pictures of I the property and house under consideration, He reviewed Staffs negotiations with the property owner and advised the City has exhausted all means of having the home repaired, other than abatement of condemnation. Mr. Ringwald stated the property owner has been provided with I sufficient time to correct the Code violations. I .. I , ~- I' Ub'<Ar I I ARDEN HILLS CITY COUNCIL - OCTOBER 15.1996 5 ,. Mr. Ringwald informed Council of neighborhood concerns regarding the value ofthe new home to be constructed since the average home value in this neighborhood is about $69,000 but the average value of homes being constructed today are about $240,000. He noted that a charitable I organization is interested in pursuing the acquisition of the property and constructing a home of similar type to this particular neighborhood, if the City is interested. I Mr. Ringwald recommended the Council authorize Staff to extend an offer to purchase 1900 Edgewater A venue for an amount not to exceed $17,300 and if the offer is not accepted by the I property owner within ten days of receipt of the offer, then Staff would be authorized to proceed with the abatement/condemnation of the building. I Brian Fritsinger, City Administrator, advised ofrevisions to proposed Resolution #96-59. Councilmember Malone stated he is sympathetic to the property owner's plight, however, he I believes they have been given adequate time to gain compliance, Councilmember Keirn noted the letter from the mortgage company and questioned ownership of I the property (Kathy Skweres or mortgage company). She also asked whether this property is in the midst of foreclosure. Mr. Fritsinger advised of Staffs discussion with the City Attorney regarding this issue and the intent of the resolution to proceed only if there are no property -- encumbrances. Councilmember Keirn stated she believes the mortgage company would accept an offer to purchase such as this, I Councilmember Hicks asked if Staff has had recent discussion with the homeowner advising of the implications of this process. Mr, Ringwald reviewed Staffs past discussion with the property I owner. Council member Hicks agreed that a three year time period is sufficient and commented on the I need for some type of closure for the neighboring properties, Mayor Probst stated his intention to support the resolution because he believes it is the best I option for the neighborhood, MOTION: Hicks moved and Keirn seconded a motion to adopt Resolution #96,59, I Authorizing the Negotiated Purchase and/or Condemnation of 1900 Edgewater Avenue. The motion carried unanimously (5-0). I The Council then returned to Agenda Item 6B. I B. Presentation by Ramsey County Sheriff Bob Fletcher Sheriff Bob Fletcher, Ramsey County, introduced John Luey, Undersheriff of the Patrol i' Division; Larry McDonald, Arden Hills resident, retired St. Paul police officer and Community I . - .--.--- w ~..i,. hlC"T- 'I ARDEN HILLS CITY COUNCIL - OCTOBER IS. 1996 6 I Affairs Officer; Joel Block, Arden Hills resident and Community Affairs Officer; and Mark Petit .. who is working hand-in-hand with Larry McDonald to head up the Volunteers Involved in Public Safety (V,tp,S.) program. Sheriff Fletcher then updated the Council regarding strategic plans of the Ramsey County I Sheriffs Office based on goals and guidelines established by hundreds of Ramsey County citizens to improve public safety. He advised regarding the V.I.P.S., its vision, fundamentals of I volunteerism, and goals established in this program. Sheriff Fletcher informed the Council regarding funding mechanisms, including Federal and State grants. He stated his intention to I bring volunteerism to a higher level and advised of training programs for Community Affairs OtIicers, Sheriff Fletcher explained information management aspects of the Ramsey County Sheriffs I Department and how a grant will be used to purchase a number of computers which will provide a method of dispensing information to the Council and residents and also provide I teleconferencing and fax broadcasting. Sheriff Fletcher stated the first user group to be approached will be block clubs of the cities that contract with the Sheriffs Department. Sheriff Fletcher distributed and reviewed the quarterly report, noting that Arden Hills is one of I the most crime-free communities in the country. He eXplained how mapping technology will be beneficial to residents and Councilmembers. ell In response to Councilmember Malone's question, Sheriff Fletcher explained that to comply with the Data Practices Act, the specific address will not be identified, I Sheriff Fletcher explained these programs will provide tools for both the Sheriffs Department and policy makers (Councilmembers) and also promote crime prevention education. He I requested input on how the Ramsey County Sheriffs Office can better serve Arden Hills, Councilmember Malone commented on the importance of having two-way communication and I improved communication with the City's residents. He expressed concern with the turn-over of deputies and added the residents do question why the City does not have its own police I department. He noted the Council does obtain competitive bids to assure the cost is justified. Sheriff Fletcher agreed that communication between the street officer and resident is a key issue I and with the need to establish this vitallinle He brought up the option of having a teen night or activity where officers can become more familiar with youth, Councilmember Aplikowski commented on her concern of speeding traffic and damage to I mailboxes. She concurred things are moving in the right direction but there is a need to improve communication with residents, I -- I , , I' D~~ t~r i I ARDEN HILLS CITY COUNCIL, OCTOBER 15.1996 7 I' Larry McDonald reviewed multi-housing strategies and their work at the mobile home park to meet with those residents who need assistance in working with the owner. He updated the I Council regarding their attempt to eliminate graffiti in the community and at local schools. Mr. McDonald reviewed the Mounds View High School's past philosophy to just remove graffiti and their new stand to take an active role in preventing it in the first place. I Mayor Probst expressed his appreciation to the volunteers in this program and commented on the need for continued cooperative efforts to prevent crime. He indicated support for a zero I tolerance with regard to graffiti. Sheriff Fletcher commented that should the new megawatt radio system become a reality, it will I not be "on the financial backs" ofthe contract cities. Mayor Probst requested that officers visit Council meetings on a period basis (quarterly) to I introduce themselves, Mr. Fritsinger explained the reason officers are asked to drop off the Council's meeting packets is I to provide an opportunity for Councilmembers to become familiar with officers who work in the City, Ie ADMINISTRATOR COMMENTS I Mr. Fritsinger updated the Council regarding the status of the 1996 street project and slow progress made by the contractor. He stated because of this, the contractor has been placed on notice that penalties will be assessed if the project is not completed by this Friday, October 18, I 1996 (which includes placing the second lift of bituminous). Mr. Stafford stated he would not want blacktop to be laid if the temperature falls below 40 degrees. I Mr. Fritsinger updated the Council regarding problems with the relationship between utility companies and residents during City street projects, He explained the City does attempt to address these issues at preconstruction meetings; however, problems occurred again this year. I Mr. Fritsinger informed that residents view the work being done as a "city" project but the City has no control over the utility companies. He advised staff will continue its efforts with the various utility companies. I Due to the on-going rights-of-way discussion with US West, Mayor Probst inquired if the City I should address such responsibilities of work within public rights-of-way through the codification process. Mr. Fritsinger stated there are certain things that could be required (restoration) which could be included in the Code. He concurred that as the codification proceeds, this issue should I be addressed. it I lJ :t( i"'~ J~ i 'I ARDEN HILLS CITY COUNCIL - OCTOBER IS. 1996 8 I Mr. Fritsinger advised the City has received the third quarter water usage billing from the City of .. Roseville and he wants to make the Council aware it is over 157 million gallons; the highest water usage since the drought year of 1989. Mr. Fritsinger updated the Council regarding staffs work with file maintenance which is clearly I more than a one-day project. He stated staff will probably request another day to continue this work in the near future. I Mr. Fritsinger updated the Council regarding the proposed Quad Ice Arena at the National Sports I Center in Blaine. He advised a fourth participant has not been identified but there is currently a list of communities who are considering participation and another meeting has been scheduled for next week. Mr. Fritsinger advised the MASC has indicated, as a result of concern on I guarantee of hours, it may consider an amendment to the Master Agreement for the first several years where they would guarantee more hours of usage, thus relieving municipalities ofthat responsibility somewhat. I Mayor Probst noted there are rumors that in an effort to capture the participants for the fourth sheet, MASC may be offering inducements beyond what the first three participants received, He I requested Mr. Fritsinger make it clear to MASC that the same deal needs to be made for all four sheets or he believes Arden Hills should reconsider its participation, Mr. Fritsinger advised he has relayed this concern and explained the consideration may be towards the $500,000 down " payment. Mayor Probst inquired if there is a "drop dead" date, Mr. Fritsinger advised that documentation I was completed to submit for the Mighty Ducks Grant and based on current timing, the project will not start in 1997, if it proceeds, I COUNCIL COMMENTS Councilmember Hicks requested an update regarding City Hall sites. Mr. Fritsinger stated as I part of the upcoming worksession, a memorandum has been prepared reviewing the history of this project and includes a list of buildings that may be available for lease, He advised of staffs I activities in touring various available buildings. Mayor Probst advised he has recently received notice that AMM is seeking members for its I Technical Advisory Commission and asked interested Councilmembers to notify him. Mayor Probst advised members are also being solicited for the National Cities Board, Mayor Probst reviewed meetings scheduled by the Ramsey County Sheriffs Department and I updated the Council on the recently held Minnesota Mayor's Conference which he attended. He commented on the benefit of finding out the problems and travails experienced in Arden Hills are I shared by other cities v.ithin the State, .. I D '0,\ r '!" ." ,~ '.', {" i 'h#~'i. ~e ARDEN HILLS CITY COUNCIL - OCTOBER 15 1996 9 Mayor Probst expressed his concern that the water quality of Lake Johanna is diminishing and I commented on the need to determine actions'which will improve water quality. He noted that residents sometimes blow grass clippings onto the street or deposit them in the lake. Mayor I Probst commented on the importance of educating the public regarding the resulting environmental problems and stated he will work with staff and may suggest the formation of a task force to address this concern. I Councilmember Hicks asked if some lake property owners do not understand that depositing I grass clippings into the lake will add to its nutrients and diminish water quality. Mayor Probst stated some may not understand this concern while others may not believe their small amount of grass clippings contributes to the overall degradation, I ADJOURN I MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 9:20 p.m. The motion carried unanimously (5-0). I Dennis Probst Brian Fritsinger -- Mayor City Administrator I NOTICE OF MEETINGS The next regular City Council meeting will be held October 28, 1996, at 7:30 p.m. at New I Brighton City Hall. I I I I I ~ I r - I MINUTES I- CITY OF ARDEN HILLS, MINNESOTA WORKSESSION OCTOBER 21, 1996 4:30 P.M. - PUBLIC WORKS BUILDING LUNCHROOM I CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the City Council I Worksession at 4:40 p.m. Present were Mayor Dennis Probst, Councilmembers Paul Malone and Beverly Aplikowski; City Administrator, Brian Fritsinger; City Accountant, Terry Post; and Administrative Secretary, Sheila Stowell, with Councilmember Susan Keirn arriving at 4:45 p,m. I and Councilmember Dale Hicks arriving at 5:00 p,m, NEIGHBORHOOD CONCERNS I COlmcilmember Keirn immediately brought her concerns before the Council regarding an incident occurring in her neighborhood with the propositioning of a 14-year old neighbor boy. I Councilmember Keirn expressed her concern that such an occurrence would happen in Arden Hills, and asked for direction from the City Council regarding any actions the City could take to assist Ramsey County in making citizens aware of the situation. Councilmember Keirn also I mentioned several other incidents with suspicious vehicles at the Valentine Hills Elementary School. Ie City Administrator, Brian Fritsinger, informed the Council that he had been in contact with both Councilmember Keirn and the Ramsey County Sheriffs Department regarding the incident, and stated that the Sheriff s Department was currently doing their preliminary investigations, had a I partial vehicle identification, and were reviewing several tapes of the alleged suspect from Ken's Market. Mr. Fritsinger stated that he was awaiting further information from the County's follow- up investigations the following day. I The Council was receptive to Councilmember Keirn's concerns and suggested that the City could certainly become involved in assisting the Sheriffs Department in any way they felt was the I most productive with the situation, I City Administrator Fritsinger was directed to continue his follow-up with Deputy Sheriff, John Luey, and pursue appropriate communication with the School District and any pending press releases they advised were appropriate. I CITY ISSUES - SHORT TERM Mayor Probst reversed the agenda order to accommodate discussion when additional I Councilmembers arrived. c. Committee Reviews I Mayor Probst sought Council input regarding the future of the Council's advisory committees, and the possible reorganization of the committee structure. Mayor ,. Probst expressed his thoughts on commissions versus task forces, and how the committees would be more goal-oriented with specific missions to accomplish in a set time frame, and suggested that a task force format might be more successful I ------ - "I ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 21. 1996 2 I for recruiting volunteers, with additional groups formed as new issues arise. -I Mayor Probst challenged the Council to prepare a list of specific priorities they I would like the various committees or task forces to consider. Councilmember Aplikowski expressed her concern that the Council may be I sending the wrong message to standing committee members regarding disbanding, I Mayor Probst emphasized it was not his intent to turn away active volunteers, but to redirect their energies, and encourage aggressive community involvement and I action, and stated the effectiveness of the former TCAAP Reutilization Committee. Mayor Probst restated his main concern was that it appeared that several of the committees were stagnating and not accomplishing the directives I originally provided by CounciL Councilmember Aplikowski expressed concern that due to past staff turnover, and I lack of direction and appropriate communication from Council, the Committees may not be sure of their directives. .. Councilmember Malone concurred with Mayor Probst's evaluation that several of the committees haven't worked effectively, due to an apparent lack of focus, It I was his opinion that if the committees, or task forces, were given more specific items, they would become more effective. Councilmember Malone suggested that the list prepared by staff to-date was extensive enough to provide specific I direction to various task forces, and that existing committees could be subdivided to accomplish the needed task forces. Councilmember Keirn suggested that the Council had not provided concrete I direction to the Committees as promised, and questioned how the various committees were to keep their focus without Council follow through. I Discussion continued regarding the role of the Council Liaisons to their respective committees and providing more communication with committees during Council I W orksessions, City Administrator Fritsinger reminded the Council of discussions held at the I March, 1996 Council Retreat regarding Committee structure, Round Table discussions (Communication), Council awareness (role of Liaison) and staff time I (priorities as directed by Council), cost of outside consultants (expertise). .. I .' I ARDEN HILLS CITY cm !NCIL WORKSESSION - OCTOBER 21. 1996 3 " Staff was directed to work with Mayor Probst in development of a more complete I proposal and a list of pending items for further Council consideration and Committee volunteer discussion by the November, 1996 Council Worksession. Mayor Probst stated it was his intent to exclude the Park & Rec. Committee and I the Planning Commissions from any restructuring at this time, Council member Keirn left the meeting at 5:10 p.m. . b. Building Inspection Services - 1997 City Administrator Fritsinger reviewed the proposed creation of a full-time I Building Inspector position for the City of Arden Hills, with formal action to be initiated at the October 28, 1996 Council meeting, Me. Fritsinger reviewed I existing outside consulting services, addressing significant cost-savings to the City and increased customer service. The contracts of Dave Kriesel, current contracted Building Inspector, and Gene Pakoy, both require a 60-day notice of I termination. It was the consensus of the Council that the cost-savings for the position could Ie serve as a bridge for a future phase-out of the position if deemed necessary as building permits decline, depending on the availability of future development properties, I Following further discussion, staff was directed to include creation of a Building Inspector position on the October 28, 1996 Council Agenda, with additional fine- I tuning of the draft job description for inclusion of legal requirements. a. City Hall Facilitv - Review of Options I City Administrator Fritsinger provided a summary of the City Hall project based on the origination of the project from the formation of the City Hall Committee in I January of 1990 to present. Issues discussed included the 1991 Community Survey results, review of possible I building sites, needs assessment report completed in 1991 by the City Hall Committee, 1992 architectural services enlisted, City Hall design issues, 1992 Bond Referendum regarding the proposed construction of a Public Works I building, TCAAP site selection and Reuse Plan process, temporary City facilities, City Hall relocation/renovation, 1996 architectural services requested, and other items. I Me. Fritsinger asked for Council direction to staff as to its intentions for future f' City Hall facilities, and specifically how it wishes to proceed with the Request for Proposals for architectural services. Specifically, Mr. Fritsinger asked for clarification on where we're at, and how to proceed. I 'I ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 21. 1996 4 I After an extensive review of options available, various scenarios, and the public's .. perception of various avenues for the City Hall project to proceed, the consensus I of the Council was to pursue a building on the easterly edge of city-owned property on the south side of Highway 96. Staff was directed to pursue a short-term and/or long-term solution for facilities I by contacting potential developers, Staff was directed to work with the short list offive architectural firms previously identified for their advice on the building, I parking, planning and zoning issues to avoid getting land-locked, It was suggested that the architects be contacted and the interview process continued to discuss the City's options, with the initial intent being to proceed with the I possibility of two projects until further information is available regarding the TCAAP site, It was the consensus of the Council that staff seek architectural services for I provision of a design for temporary facilities, which would be owned by the EDA and leased to the City, with future sale of the building for commercial use in order I to recoup as much of the City's initial investment as possible, or - if the situation dictates - for long-term use should the TCAAP property not be available for city ., use, Staff was also directed to get quotes on re-shingling of the roof of the existing I City Hall facility to prevent potential damage to equipment until a new facility is available for occupancy. MISCELLANEOUS ITEMS I The Council reviewed a variety of miscellaneous items including the Firemen's Benefit Association, Budget items, Code enforcement, business luncheon and Met Council future I growth options, Worksession AgendalFormat I City Administrator Fritsinger provided comments to the Council regarding a change in the format ofthe Worksession agenda, with the elimination of the "Round Table I Discussion." This item will be added as Department Activities to the regular Council meeting agenda in the future, to provide an opportunity for Council Liaisons to comment in the public forum about any key issues their respective committees or staff are working I on. It was hoped that this would facilitate more public awareness. It was the consensus of the Council that this would be a positive attempt to improve I communication, with Mayor Probst suggesting that this would allow citizens to be more informed by broadening their knowledge, eliminating the "shorthand" conversations that .. often inadvertently occur between staff and CounciL I .. ~- ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 21. 1996 5 I ADJOURN Mayor Probst adjourned the meeting at 7: 15 p.m. I I . I I I -- I I I I I I I i' I I ..' CITY OF ARDEN HILLS PAGE10F2 I ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT THE 10128/96 COUNCIL MEETING Ie I CLAIMS PAID SINCE LAST COUNCIL MEETING (10/15196) 1/0.;# .tCltPA'J$I\iBNi:j(jR I.AM:OUN'tl . COMMENTS ~ I I 'IT076 10/18/96 Public Emplovees Retirement Association 2,373.00 Second October Payroll 11077 10/18/96 ICMA Retirement Trust - 457 1,121.92 Second October Payroll 11078 10/18/96 State Capito] Credit Union 2,803.95 Second October Payroll , , I 11079 10/18/96 In!'l Union of Operating Engineers 175.00 October Payrolls I 11080 10/18/96 Public Emplovees Ret. Assn. - Insurance 57.00 October Payrolls November Insurance 11081 10/18/96 United Wav of the S1. Paul Area 26.00 October Payrolls 11082 10/16/96 Ramsey County 47,043.00 Law Enforcement October 11083 10/16/96 Northern States Power 977.09 Current Invoices I 11084 10/16/96 Minnesota Department of Revenue 2,788.00 Sales Tax Remittance 3Q96 11085 10/17/96 Bur.er Kin. 16.80 Vacation Dav Trio. 10/17 11086 10/17/96 City of Shoreview 64.00 Vacation Dav Trip. 10117 I 11087 10/18/96 Circus Pizza 107.10 Vacation Dav Trio' 10/18 - Vacation Dav Trip - 10/18 11088 10/18/96 Diamond T Ranch, Inc. 286.00 11089 10/18/96 Pine Tree Apple Orchard 105.00 Vacation Dav Trio - 10/18 11090 10/17/96 Vallev Pavio., Inc 614.50 Final Pavrnent 1995 Street Improvements I 11091 10/17/96 United States Postal Service 400.00 "Postage by Phone" for Office 11092 10117/96 Postmaster, St. Paul 525.00 Utilitv Billin. - 3Q96 11093 ~ 10/21196 America's Best Products 292.00 Four Hal!' W/Stands Elections -11094 I 10121/96 DCA, Inc. - FSA Denartment 259.65 Medical Reimbursement - Payroll #21 Ie 11095 10/21196 Ramsev County 86.42 Utilitv Inspection 05/06, Johanna Outlet 11096 i 10/21196 I Lake Johanna Volunteer Fire Department 151,564.00 State Benefit Relief Fund Payment I Benefit ASsociation I I I I Subtotal - Paid Claims 211,685.431 I Paid Claims From Above - 211,685.43 I Add Unpaid Claims, Page 2 of2 222,107.97 Total Accounts Payable Claims for Council Approval, 10128 433 793.40 I I Note: Checks for unpaid claims totaling $90,222.46, were mailed I on October 16th, 1996 after approval at the October 15th Council Meeting. They were check numbers 11003-11075. This sequence corresponds to unpaid temporary numbers Tl-TI3. Check numbers 11000-11002 were used for I alignment. CWM>> fI I I ~ . CITY OF ARDEN HILLS PAGE20F2 I ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 10/28/96 COUNCIL MEETING I- UNPAID CLAIMS REGISTER: I I'iEMP#tl::$;I)Al'Ifi.. VE:Nti(jii AMO'Ul'ttlcoMMEN'IS II I I I TOOl 10/29/96 Accurate Press, Inc. 106.50 2,400 Fall Recreation Flyers 488.30 October Newsletter 64.86 500 Heating Permits (Total $659.66) TOO2 10/29/96 American Excelsior Company 194.26 CUrlex Blankets for Landscaoing I T003 10/29/96 American Medical Security 398.00 November Dental Insurance T004 10/29/96 Animal Control Services, Inc. 168.55 Dog / Cat Enforcement, 09/14-10/09 T005 10/29/96 Banvan Data Svstems, Inc. 207.68 Postal Bar Code Utility Billing T006 10/29/96 Blaine Heating, Air Conditioninll & Electric 448.04 Furnace Repair City Hall I T007 10/29/96 Business Forms & Accounting 132.13 2,500 - #9 Utility Enyelopes Printed T008 10/29/96 Consolidated Plastics Comoany, Inc. 28.70 Carpet Grip Strip Roll - City Hall T009 10/29/96 D- Rock Center & Small Engine 77.69 #6 lift Station - Concrete T010 10/29/96 Donovan Construction, Inc. 262.50 Replace Hockey Rink Pole Perry Park I (lightning Damage) TOU 10/29/96 Earl F. Andersen, Inc. 1,002.12 Precinct Silms for Elections T012 1 10/29/96 Flexible Pioe Tool Como any 100.U Vehicle #103 Hose Guide I T013 10/29/96 Gopher State One-Call, Inc. 89.25 September Service T014 10/29/96 Heinv Rentals, Inc. 249.70 Rental of Power Bobeat Auger Parks T015 10/29/96 Knox Lumber Company 153.92 1/2" Milwaukee Drill - Parks T016 10/29/96 David W. Kriesel, Inc. 6,500.00 Inso. & Code Enforcement, 09/21 10/18 .. T017 10/29/96 Larkin, Hoffman, Daly, lindgren, Ltd. 1,624.19 Legal Services September T018 10/29/96 Locator & Monitor Sales 1,491.00 Neotronics Gas Detector 320.44 Monitor Fast Charger (Total $1,811.44) I T019 10/29/96 Sonja Lyons 10.00 Refund - Woodworking Class I T020 10/29/96 Maier Stewart & Associates, Inc. 6,284.49 Professional Services September I T021 10/29/96 Maple Island Group, Inc. 414.83 HP Laser Printer Repairs T022 10/29/96 Midwest Asphalt Corporation 250.39 Road Materials WlDiscount I T023 10/29/96 Minnesota Mutual 479.90 November Insurance T024 10/29/96 Minnesota Society CPA's 130.00 Meeting 11113 - Post T025 10/29/96 MN Recreation & Park Association 400.00 Annual Conference Walsh & Petersen T026 10/29/96 Peterson. Fram & Bergman. P.A. 2,267.95 Legal Services September I I 3,788.30 Prosecution Fees (Total $6,056.25) T027 10/29/96 Ramsey County 986.48 Unleaded Gas and Diesel Fuel Sentem ber T028 10/29/96 Keyin Ringwald 6.39 Reimbursement - EDe Meeting T029 10/29/96 City of Roseyille 191,604.91 Water Purchased 3Q96 158 Million Gallons I T030 10/29/96 Serco Laboratories 319.00 Water Tests - October T031 10/29/96 St. Paul Book & Stationerv 308.25 Various Office Suoolies T032 10/29/96 Timesayer Off Site Secretarial 178.00 Planning Commission - 10/02 I 120.00 Council Meeting - 10/15 T033 10/29/96 Tomark Soorts, Inc. 166.78 One Set Safety Bases T034 10129 96 Z.moth Brush Works Inc. 284.36 Vehicle #42 - Renl.cement Broom (Rinks) I I Total Unpaid Claims - 222,107.971 I CLAI>W .. I I I ~ i:l. :;::;: 1\:;:!. ~:;::;: ~ IOO~~~ SO 0 I re c::: =... II ~ ~ ' - 0 ~ 0 0 0 ~ ~ ~ 0 .~ ~ ~ ~ ~ g I ~ ~ ~ ~ ~ ~ ~ ~ -N,... ~ ~ ~ ~ ~ ~ ~~~~.~ ~~~~M (C N N .,.., r-. (1"} 'r;.; r-. t'-.... C') .... .... 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I ().... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ I Ie CITY OF ARDEN HILLS RAMSEY COUNTY I STATE OF MINNESOTA RESOLUTION NO. 96-65 I RESOLUTION DESIGNATING ELECTION RESULTS CANVASSING MEETING I WHEREAS, Minnesota Statute 205.185, Subd. 3, assigns the responsibility of the City Council I to review an elections summary of voting and to verify results; and WHEREAS, this canvassing procedure must be completed by the City Council on a timely I basis so that the results can be communicated to Ramsey County; and WHEREAS, Ramsey County, in turn, must complete their canvassing of election results I within three (3) days of the General Election, I NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: that the General Election Results Canvassing Meeting as required by Minnesota Statute 205.185, subd. 3, be held on Wednesday, November 6,1996 at 5:00 P.M. at the Arden -- Hills City Hall, 1450 West Highway 96, Arden Hills, Minnesota, 55112. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF OCTOBER ,1996. I I DENNIS P. PROBST, MAYOR I ATTEST: I BRIAN FRITSINGER, CITY ADMINISTRATOR I I ,. I ------ .... .. . CITY OF ARDEN HILLS I MEMORANDUM it DATE: October 28,1996 I TO: Mayor and City Council Brian Fritsinger, City Administrator W FROM: I SUBJECT: Resolution #96-61, Vacating a Sanitary Sewer Easement I Introduction The applicant (Welsh Companies) requests that the City Council adopt Resolution 96-61 which I vacates a portion of a 30 foot wide sanitary sewer easement on property in the Gateway Business District (GBD) which is to be developed, per Planning Case 96,12 (Exhibit A). I BackHound The City Council on September 30, 1996 approved the development proposed by the Welsh Companies on a parcel in the GBD (Exhibit B). The approval granted by the Council included I the vacation of the subject sanitary sewer easement. The adoption of Resolution #96-61 would formalize the sanitary sewer easement vacation previously approved by the City CounciL Ie The City Engineer has reviewed the vacation and made the City aware of two issues included in the easement agreement. Page 3 of Exhibit D states that the City will be responsible for all remaining sanitary sewer, not actually vacated and that the Grantor shall construct a manhole I over the southerly end of the remaining easement. As a result of this, the vacation should be conditioned upon the developer (Welsh Companies) constructing a new manhole at the end of the I remaining sanitary sewer line. Recommendation I The Staff recommends adoption of Resolution #96-61, I I I I .. I -------- ';2x-\-\ \ ~\"\ A- y~ ... . STATE OF MINNESOTA I COUNTY OF RAMSEY .. CITY OF ARDEN HILLS RESOLUTION 96-61 I RESOLUTION V ACA TING A SANITARY SEWER EASEMENT WHEREAS, the City of Arden Hills has been requested to vacate a portion of a 30 foot wide I sanitary sewer easement on a property in the Gateway Business District which is to be developed pursuant to Plalll1ing Case 96-12, said easement being legally described as shown on Attachment I A; and WHEREAS, the petition to vacate said easement was made by the affected property owners and I the City had caused a notice of public hearing to be published in the City's official newspaper for two (2) consecutive weeks and the City has notified the affected property owner at least ten (10) days prior to the public hearing; and I WHEREAS, the request to vacate was reviewed by the Planning Commission at a public hearing on September 4, 1996 and approved by the City Council on September 30, 1996. I NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, .. Milll1esota agrees to vacate said sanitary sewer easement, subject to the developer/applicant of Planning Case #96-12 (Welsh Companies) constructing a new manhole at the end of the remaining sanitary sewer line. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF OCTOBER, 1996. I I DENNIS PROBST, MAYOR I ATTEST: I BRIAN FRITSINGER, CITY ADMINISTRATOR I I .. I .. . ~j~ . I ~. ATTACHMENT A I That part Easterly of Highway 35- W of the South 30 acres of the Northwest 1/4 of Section 21, Township 30, Range 23 except the West 884 thereof and except the following: Beginning at the point on the South line of said 30 acres, 2033.0 feet East of the Southwest comer thereof; thence I East to the Southeast comer thereof; thence North to the Northeast comer thereof; thence West along the North line of said 30 acres to a point 1768.0 feet East of the Northwest comer thereof; thence South 28 degrees 41' East 559.7 feet more or less to the point of beginning, except part , deeded to State of Minnesota in Book "1729" RCR Page 988 and Book "2033" RCR Page 528. The centerline of said 30 foot perpetual sanitary sewer easement over and across the . afore described tract ofland being described as follows: Commencing at the Northeast comer of the aforedescribed tract ofland; thence run West along the North line of said tract 208.5 feet to the point of beginning; thence deflect to the left 88 degrees for 275 feet and there terminating. . I I ~. J I , _'n ---."LHt:l (6/2) 897-7722 (6/2) 897_ - phone 770{ -fir,t I 0).0), IluO. 12-11 , 1 ~. I r:^:;I:~H:r;t i . c.::> , c-' / !~-n~_fliJ'I o( , t- - TI1l~ IIlOEN1'UllI:, ItaLl(' lhi:; February, '-f) lnG, C'1 by and bet....een HILHi, I,UI\I'\3 S:nTII, Cx~cutrix of the <;n ! .-I tatate o[ Ethel H. Adam:;. dC!cci1!1ed, fee owner o( the Lract:.~ I o[ land dC!5cribcd hereinbelow, hcrcina[tcr called MGrantor", \lod Tile CITY or J\RDEU III LL:::;, R~m$ey County, Minnc~ota, . municipal corporation. hercipo.fter called "Grdntco., I '0 WITllE~~CTl(. Tlul;t in considaration of the !IU"l of ~ =<: One and no/100 1$1.001 Doll~r and other qt.od and valuable - ~ N consideration paid by Grantee. Gr~ntor dOC5 11crcby give. qrOlot I - = and coovey llllLo said Grantee. its Gucce~cor~ and a3Glgns, a ~ Utirty ()u) [out perpetual casement for the purposes of .::: I construct1.on, opcr<l. tion, rn<l.intenanc:e and repair at' tl sanitary , , sewer over .lnu across the following dC:Jcribcd trilcts of l<l.nd located in Ramsey. CDunty, ninnc$ot.a: I TRlI.CT riO. 1 - I,ll that part ur the !ollO"l1n'J dr::3Cdhctl t.ract: 'I'he HC5tcrl] quadrangular p'lrt. m(!a:;uring 1711 I (eet on the North delc and 1760 (eet on lhe South :1ide of the l:orth 20 ..ere::> of the South ~O <)cre~; or ,thc.:lorth....~5t 1/< of 5ccLion 21. 'i:oo.;n5hi\-l )0 Horth, Run'le 13 Hc:ot. cx=~pt t.t-,~ f \'ic5t.crlj' 3J 'cc:t far C1c\'clOlnc!. i,vr~nu(:, 1,-::lich ') Ie lic~ r..1.st~rl1 of ~ line ru;\ p~r~llel ..,;'1;." und /-'1 . tli5tilnt lCoG ((Oct. l:a::i.Lcrly of the Collo...an'j d.~~c:riL~'u line; lleqinnin(J ut CI point QII t.h~ llorth line of :I~id ~uctioJ\ 21. tl1.!lUlIll. 7fJ7. 7J feel;. r..J!:t of the t1arth\.'cc t corner tll':ccnl. thcnt;:c I rUIl southerlr al "-In .,ugle of a6.'~u')o;" '.:it.;-. ::;.dll Ilcrth :;cCLta;l line (n\ca:1UrCf~ !=Or.'l l..:'::'5t to :it'JuLhl for 1l'j5..11 feetl thenCe! c],,:~l,:ct. to th'~ ri,;h:: nil " O"o1~' curv'~ (tlclt;.J .1.II'Jle: 7"';9'0)") [or lOr,,;: .33 feet ana there te:u.unotih~; I 7hc co:nterlinc of said 3D foot ilcqJctunl C!i::;cmcnt over iHld across the: a(orcdc.::;cribctl tr~:<:t (':'rilct 1;0. I} t"..:ing described as foIlo""s: COr:'J:l>:ln:::inq <lot. the llortheast earner of the ""~orr:dcs-:::ribcd. 'tract I , of lMld: thenc'~ run \.:cst alo;"\ft the t::Jrl,.h 11:1e thereof 137.5 fc~t to the ~:Ji;"\~ 0: b~~i~nin~: thence run Southerly to <l pair-,t on the South lin~ of ~aid parcel 200.!i f~et He::! t of the South- east corner thereof and there terminating. I N(.'H.U Ii" ;'0.;0.;'. -' ,J- - dO _~J7i l.',l: M.f,[..N"'~ ll~~r: n;~~ IT m \It(O T" I #wid""". '~r.I~1 C.owuIJ. ~"Vl..oh Ot-r ~ l107 SO 0.00 I I I t- I .__.~----- . ..,~- I I ...... \ .. , I . 'I'MCT Hr). 2 ., 'I'hat purt Ea=>t.cdy of lIiqhW,,y )')_\1 of the. south I I . 30 aCr.e=:. of the Uorth\olcnL 1/4 of S(OctiOI1 2l. I , W T('lWn5hip )0. n~nqe. 2] exccpt the West ~n~ feet. 0 thcrl:o[ ",no except U,t; !ollowinq: Dcqinning at i ... the point on tIn: South line of 5uid 30 ""crc~. , I ~ 2oJ}.O Leel I:.:l~t of the 5ollLhwc~t cornt!r thereof; thence r:,)~t to the &outhc.'\~t corlter \.hr:rco[; OJ thence Ilo["th tn the tlorLht::il5L corncr thereof: -.' , , ~ \ thence "'cr.t alon!J Llll~ llllrth 1 i.1I1l o( "."ili )0 .oc;r~!; ~ to il llOint nr.l3.0 ['If';~ t:a;.L ()f. Uu,' ~lol'l.h""(l~t cornor I \ t.hC["CI)( : \;.hence !:;ouLh ~B c.ho.,r,~e:;' 4\' 1:.Hll~ ~~'J.1 ;:; lcet r.'lore or 1c::;:; to thc point oC beqint,inq, i eKcept purt dccdell to St.,te of .linnc~ut.) in Do,)l~ "'1129- Rcn P~qc 988 a~d Dook -2033" RCH I'illJc 52U. , , I 1 'fhe centerl lnC o( r,;\iu )11 Loot P(:l'pC"Uloll l~.\:>l'll\tl:n t , (J'Jer ,lOtI Olcroa.~ tile ....(oredcscri,ucu '-1.lel o{ ldnd , (Tracl 110. 21 b<:'inrJ dC:1Crl'lcd i'l~ (ollow:;: 1 , Commencing ill the NorthCiJ,5l corner o[ the .)[orc- i , ue::lcrihCU tr;,lct of litl1d: th(:!ncC run Wl'l!.t illQlltl \ the t~orth line of c~ill tracL 208.5 tec:t to the ! I , , point of hCllinning; thence dl.'Occt tn lILe ldt \ 08 degrees (or 275 feet onu therc tcrminat.inq. , Said perpetual ciJ,sement shilll include and confer upon eI Gri'tntcC. its successors and assigns 1 the perpet.ual rights to construct. m~intainj operate and repair underground silnitary i :;c,"or 1I\<\in:;, pipes and .1.ppurtcn.1nceS locilted \Jithir\ the a{orc- I described )O-foot easement, together ~itr\ iJ, pctpetu~l casement for ingres9 and egress thereto o....er and acrO::;s a stdp of land I fifty 1501 feet in width running parallel with ood adjoinin9 t.he north line of 'fract No. 1 !Jet forth auOve, except t.ho oil.stcrly 122.5 (eel. thereof. il11 without ildJ.ition...l cotllptHlcatitln. I This grant of sn.id perpetual coscmcnt in made tlubject t.o the following condtticns: : I 1- That upon payment o[ the Dum of One Thou~and Two Hundred Thirty and no/lOa ($1.230.00) Dolla~3 to the Grantee, i I i its succcssors or QS919n~, the Grantee DqrcC8 t.o exccute and i dellvC'r II n~lel1!ie nou oxtint3uiohmcnt or the CDoomcn\.:9 horciH , CJrnnted. 0[' upon payment of l). lesscr sum to t.he Grantee, it. nuccCBDorB or QD"~qns, tho G["antee ay.rcc5 to c~ccutc and deliver I iJ, rclca'c ~nd cxtinguiGhment of th...t ('ott.icn oC the lctlt3 th of , said easements, beginning at the 6outhcrnmost part thercof. I , ; .. - 1 - , I .' .--.---'-- , , I I Exhibit C page-1 ~Pages of I I , I " ..hte!, bulir. tilt) ..;111<0 ra t 10 to t.ho totol lC't\'llo.h QC .nitl caoC'. .. I2\Cl\t~ 4S such lU::Jcr GUJ'Q. bl:!aa to Ono Thouund Two I\l.Jn(h~a " '"' ::J Thit\.V "ml no/lnO ($l.2JJ.OO) Dol1dr!O-. )n "dclLUtJn, - up<u, I 'r ~J ~'''}'It\C!t\t:. of the .'1hUVIJ ",l"lms ~n<l 1:~"""1,jt.lon o~ the nl'l;tv(! r~'le':u;.c:JI; '" ,.. the Cri1nt.~e .:J~tec.!3 \.0 Clo;ecutC' !lUeh illGtn.llncnt!;l .:a.:: l"II.1Y br;: I i1llpr~vriHo to COIlVl.:"Y tho l'Il;,,af.nt. of' the Gr.lIIll.!D in Illnd t.o i'ny inl\'rOVl!l\l(lO~' m.'1<Jc ill COlllll'\,:tlon wlt.lI tho:! ~1'\oI'~~ 'l',")SI:Iflr.:nt or ."',,"o"lo 00 %0'.'''0" ",," o''''''J",.ho". Tho ,do""o .,,"~ I ; '\.l"'t:ln91Ji'3ll1n~nt Qt (lo ,",art:.ion. o( t.he abO"Q ~,1r)(lM..'l'Itl ch;.ll nOt I rcUcvo the Grilnt~C' 01 allY obliqation \.0 oJlcutC!! mulntdn. ~ , rC<::On.::;;\.ruct 01:' tCl'i1Lr \:.lit.! 11hQct,;.cl\cll li,1nlL,try -:;CWttr lLn~ I , . flndudilHI In.),ino. r'ilj(~~ l\n<J oppnrtnno1nC:<'J'G) .111 to lhQ r~Z'It.).i.llil\'J I (hlf,Cment. TQ ~'Hlhl(! th(! GrlH,l(lll, It. !1'JCr:(!~:JtH!I ;In\\ "!l!l.L.fJr\It, , I tl",~ (;r.ltlttlp; hl~rl'h~' "''.I(tl(:U ~ , tCP (uHlll n\olr;h 01>li(j.lt.JOll. hu....nv'....., I , '1 t.Q construe!;1 .at hot' 0\.Ifl e)(\'\ln:;:o ml(.1 l'tinl' to tlt'J Cr,J.lILclJ'. i rt:1Co1~~ 01...,1 \:x.l;ltlIJ\Jlr.h\tlL~'It. C)( " I'lntion (If lh,~ .,It,r(::Ml,1 calla-. It I '~l:nlr;. iI tfI.U1hoh: OIt toll", Q.oul.h~lrI\PI(,P~t. 'l.'nu uf till,: ~l':r1\,) i.nHI'J : . plJ\.Il1u unH~(t ot..:'\oI'cr t!"U(!lIh.:Ilt.~-1.c" al tho poin\: t.o ....1111.:11 i tho(! siHlit..uy 3~Wer Hnc is. to b(> Cal".1Md amJ ~Alill9UilJhetl. bi' I I the (;Ulltt~. 2. Th"t tllO (:rimtot rcriotV(!!.l ((a il:.~fll (, LtG I t!:\JI:C(!!H10rfl nnd 11111d()111'1 Lhu rllJhl 1.n lI!1~ llHJ l'ccllIlllon COI"IHO- hcru.lcu \flt.h.l.n tin! O3Il"JIIO C!:J!')cCl'\\'ntll 11\ MIY Ih,"'llf!(!r ",hut.llo..:vcr .0 lun<) ua. !1\Jeh IJ,,~ t10eu not illl;er!c["(1 with tILl! t"J,lf\.lI..\r'( oe.......r I line il'uot."'111Qd nnd tlJo rL'lht.ll of tho Gnl'\t~l) 1u.:rol,mdot" 'W1th rc.:;rtltlt. tJ'tf<:l:('I.l"). "0 IIhVI; NIl) TO 1l0LU 'nr~: toMlI-:. l(.ofr(rl'"\l" ~lth 1'111. UlCl I r.hl~rll\lntt) h..1.on.rl1"1. I" ! h'~f~l.llt:"ln"l1tl'l II !HI l'l'purt(,lI."'Iuel":l '" l.a lhe nll!11 ~:('nl1bm. ltll 1I1l1:1~f1rl,IUI.'" ..1\\1 , n\\Y\oIlntJ l.11'lJ\..\'nllllIl1j. i I 1I11n!rJlla r fucev4,,'r. . I I .' , J - I " ,i ,. I' :1 Exhibit D Page.l '{Pages 11 of , I -- I ., , - J /1 l'.t:~T U',01lY WHeREOF'. tho t;dlU G. .01' hall cal.lll~d I , 'r '" Ci ..:~c prCGcn ta to be executed Ilj' i t~ duly lIl'pOUI1.CU .Iml .. ~ctin? lC9al rcprC5ent~tivc. .. ~ I:l P JU:5Ct:CE or: LSTh~l; E'rIlEL ~. ;J'~S f _ I (i 7~/ ./.h"'.I'Y"';1""'~ Uy '/, ;' /, " .) I r j1, ,.. -.{Jr...;:tL I ' Sr ~ 't:JoCt:.cutrlx ." -Y'., , " UI(( Il ~(\,(J f. 11 ':''''1 vI v U I I STATe Of HIIINE507.\ l I I SS. COUflTY or IICtliu:rlfl ) WILHh I.OAI-I':> S:H'l'lI, bcinC} f ic!;; t uuly ~worn. tlr!(Jot.:tJ~ amI lidj'G that she is the :exccutrix of tile Est~tc of Ethel H. I [1t!a11\i:l. dt.!cca~cd I that .(jilt! II..:; rcau the forcqoin~ til~cmcnt ~nd know!: 1..hc Cont.cntG Lhereof, lhut thu .Game il.i true aL her o,",n I - kllowlccJljc except 013 to m.Jtlcrs there!.n Stated upon inform,ll:'ion ,lllt.l belia!, DnLl ,)[l to tho.!J,l) rl1aLl,.I)Cc (lIlt: Lcllevt:;u lh. '01 La l,,: true. I ;&k 'flc 0" c.. ." ,. _/' . W"I,I) ,_.Jw..:-.:.~,t.'L W.L M' 'UJu.r.lG ~/l:U.LU, !;;Xu.cut,l'.LX " :J.llb:.crilH!'L and sworn to hC!fon~ me this ~ day of fclJrunry, InG. . ~C_l (j)~!V 1.I..tt. I N"Oto1rv l'u1J!.LC .....o...u~.,~................U,.\,............u.y j ,.,.- lJol,",,\ c.. \\lll(H ~ ~ r , ..::"- I~Ot"". "U:h II" .1.1,""[!';OT/, .'l~ lln",rf"lII(OIJIll'l' I EXEl1PT FROM ST~'i', l~-;Q""":;':""::~.f'~"'l'" la.n~'~ iil.................,..."",........J( TillS IllS'l"p.mtEHT HAS DRAFTED DY: . J;ulle~ S. Lynden I Attorney at La..., 1200 Horthwestern N.)tion\11 Dank Duilding 5S E~~t Firth Street St. Paul, Minnesota 55101 I - 4 - , . I I I I Tax, Assessment and Judgments reports attached hereto. ~ I Exhlbl~ PaQe~ of fP::lnr.'!C" I I CITY OF ARDEN HILLS .e MEMORANDUM DATE: October 17, 1996 .. TO: Brian Fritsinger, City Administrator Q I FROM: Dwayne Stafford, Public Works Superintendent SUBJECT: New Plow Truck Accessories I Background The Arden Hills Public Works Department ordered the new plow truck cab & chasis on August 13, I 1996, as approved by CounciL Since that time, the Public Works Department has advertised for bids as required, and sent requests for bids to five (5) area truck equipment specialists, Each request I included; specifications for the truck on order, and specifications for equipping the truck with a dump box, plow, wing plow, sander and necessary lights and controls. I The Public Works Department had also asked each bidder for quotes on optional equipment which the department may wish to purchase as part of the package. These options include an underbody plow, plastic rear wheel fenders, rear hitch, trip edge for wing plow, and plow end markers. Ie Bids Listed below are the five (5) equipment companies asked to bid on equipping the new plow truck: I Truck Utilities; Maplewood, MN , Crysteel; Fridley, MN I MacQueen; St. Paul, MN J-Craft; Kimball, MN Aspen Equipment; Bloomington, MN I Only two bids were received, I Crysteel $29,950 J-Craft $29,033 Optional Underbody Plow $ 4,950 Optional Underbody Plow $ 3,998 Optional Rear Hitch $ 500 Optional Rear Hitch $ 338 I Optional Poly Fenders $ 350 Optional Poly Fenders $ 624 Optional Trip Edge on Wing Plow $ 880 Optional Trip Edge on Wing Plow $ 540 I I it I I Bud!!et I The previous Public Works Department had budgeted $80,000 for this plow truck. However, the current staff estimated this vehicle would cost $85,000. -. The low bid on the new truck cab and chasis was $51, 691. The low bid on the box, plows, lights, and sander, installed and ready to go is: $29,033. Recommendation I The Public Works Department recommends awarding J,Craft of Kimball, MN the contract for furnishing and installing all equipment specified in the bid proposal form, The Public Works I Department also recommends the City approve the following options quoted by J. Craft: Under body plow - $3998 (blade mounted between front and back axles, has 500 PSI down I pressure for scraping ice and ridges of compacted snow), Poly fenders, $624 (formed to hug rear tires eliminating much of the road spray onto the rest of I the truck). Plow end markers - $30 (orange flexible rods mounted vertically on plow ends to help operator I judge location of plow ends), Costs I Total cost to the City of Arden Hills for the recommended equipment supplied by the J-Craft bid)'''''''. $33,685.00 .. Total cost of truck as ordered,,,,,,,,,,. $51,691.00 Total cost of truck and equipmenL. $85,376,00 Sales Tax $ 5.549.44 I , $90,925.44 I I I I I I .. I I' I CITY OF ARDEN HILLS f' MEMORANDUM DATE: October 24, 1996 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrato@ SUBJECT: Reconsideration of Planning Case #95-23, Beutow Subdivision I Request I The Council is asked to consider a change in the driveway location at 1417 Forest Lane from the plan approved by the City Council on July 29, 1996, I Background The City Council and Planning Commission first reviewed the Beutow Subdivision request in January with final action of the RLS taking place in July. The SubdivisionlRLS was approved I with the nine (9) conditions attached. The RLS approved included the proposed building area and driveway. The driveway was Ie approved on the far side (SW) of the lot. Of particular concern to the Council and Planning Commission was the protection of mature trees on the property. I The new property owner has indicated they were unaware of the conditions associated with the development of this lot. Upon learning of these conditions, the property owner hired a forester to I assist with tree preservation questions. The property owner is particularly concerned about the steep slope (18:1:%) of the approved I driveway, and believes this is a safety hazard. The attached scenarios outline a tree preservation plan and a significantly reduced slope for a relocated driveway. I Requested Action The Council is asked to consider the approval of a change in driveway location at 1417 Forest Lane. I The City Engineer and Community Development Director had not yet had an opportunity to review this request. Their comments and additional information should be available at the I meeting. I f' I -------.-- -I CITY OF ARDEN HILLS I 1450 WEST HIGHWAY 96 ARDEN HILLS, MN 55112-5794 .. July 30, 1996 Bart Buetow I 5585 South Berry Lane I Englewood, Colorado 80111 Re: Buetow - Final Registered Land Survey I Dear Mr. Buetow: Please be advised that the City Council on July 29, 1996 re-approved the final Registered I Land Survey (RLS) in Planning Case 95-23, subject to the following conditions: 1. Provision of the appropriate utility and drainage easement documents for review I by the City Attorney and approval by the City Council; 2, Recording of the utility and drainage easement documents with Ramsey County I with the RLS; , Provision of a temporary rock construction entrance, as described in Exhibit C of ~. the Staff memorandum (dated February 7,1996); ~ 4. Compliance and the Zoning Ordinance, Section VI, G, 8, a and b; 5. Modification of the silt fence, such that the trees to be preserved are wholly located on one side of the silt fence and the area to be distributed is located on the I other side of the silt fence; 6, Provision of snow fencing around all trees (including their drip lines) that fall outside of the proposed building area on Tracts Band C, as shown in Exhibit A, I page I of2 ofthe Staff memorandum (dated February 7,1996); 7. Payment of the appropriate park dedication fees; I 8. Removal of the brick retaining wall on Tracts A and B, prior to the issuance of any building permits or the transfer of title on Tracts A and B; and 9, Removal of the porch on the southeast corner of the home on Tract A (1433 Forest I Lane), prior of the issuance of any building permits or the transfer of Tracts A and B, If you should have any questions or comments, please feel free to contact me at 633-5676. I Sincerely, I ~. . T Vin~ingWal , AICP I Community De\ lopment Director .. cc: File 95,23 PHONE: 16121 633-5676 . FAX 16121 633-7839 I ~~ ~ FC<~ .A ~,>.::~;~j~~ ...-- ----.---.~-. I r~I"'~ J 11>1."'" I.. SoI.I~" 2/~ ..~._ . . ~l.S lI-ulOCJ $<)f/JlftSL f?C'O ' ,;""".,.. ......M lI~j .' (>>OJ m-"~ 'ClI:T~\,;~r:OI 0" A :::II..T n:~ICC. lOOC~rtv:nOiO<l"...a: ---_.~." &.-.11--"-- NORn-i .-.--........ 'lik . = ~$~ . ~..,..111...tl- , , TIUCT J .. I r.S04J: "1- fl ,~U" J- ~ , nuC':' ~ .. t4,/HH: .... fL .~ rlUCT C - It,7UJ: ..,. r- . ~r"'"~_-4- 1'!7r,c ,L.>f.Ll ,. 44,Ul'i rr. fL ~t.:~ -....~ \ , , . , , . , \. f , .~ . I ~ / ... '\ . . ,.. ,.. \. / .., , / , / .~ / I /' , , / / , ,/ I .. ~ Ie .. I.{ , " ( I ~ 1.;;;/ '" I \. --= ----- ..'" ~~_...f4'''' .,. _____ iT-1'- . ~-"''''-'''--'''''''' .-.,--*""--- \ -----' 1:: I ~ ~~ o:....a. _~_.,~,..-,- '\ _../1#.' - , " ~ 0>= '. . ~!IrlI~~~ - 0 CQOnlfQl~3Ct' I rCQl'.'(I.I1~ /Il.'::~4 WIf/llClll ~1'.M - JI;P"<>I:III"~_~""K~I;T.4"<<l'tNUS " , ,..u ~nDn.c'IJJ*~ . ". ~.____{1(}o'Onon~crM~ ",---:.'1t;Wn~~1'a.I'a .... aB> (1D141O'~lU\ollOd I ~ t;IQICn s.wr...r~ (-.t~..t ,~/fd) _._~,OJII.'1T1<S __~lE'1~-rY'..-.;JC , , "$ ~r1.ADlQ"/IOiC'C ...._-~ -)t- CI><10~1Vd _' _DC>4,"~1f}4 " ~ L'1ls /.1. J7, CI",J IJ. ~ NtiS };O,. 1. RClmHY c.......t" 1IntI_'.a. " "'..,. .. -- " !~~.-M'__"'- _..,......rI_~~,_.._...f L::UIS.oOI~NC. " -- " ~..-f _____ "'" _1..... 4 .uf~_~l,.w ~ -,........ -~........,...,. \:'~. S,~.J.:'f.F: M:_ -..Ja-Ny J~I...-s. -........-.~... -- , " '~"\<!"~I' ~', /--~ ....--.....-- I - Homes by I JAMES I .. A Division of I Heartland Homes, Inc. I October 22, 1996 I City of Arden Hills I 1450 West Highway 96 Arden Hills, MN 55112-5794 Atten: Mr. Kevin Ringwald I Dear Mr. Ringwald: I On behalf of the new owner of 1417 Forest Lane, Arden Hills, I am requesting a change of driveway location from ~ that which is represented on the preliminary plan for a Registered Land Survey dated 2/15/96 to one of the attached. The primary rationale is owner safety, secondary I rationale is the desired house orientation of the new owner and soon to be Arden Hills resident. I As depicted by the Registered Land Survey, the proposed slope of the driveway is 18! %. I don't think anyone can argue that a descent that steep, in conjunction with I Minnesota winters, would subject the owner to excessive risk of accident, both operating a vehicle or walking on the driveway. I Realizing the secondary issue to residence safety is preservation of trees, Vernix Forestry Consultants was I hired to study the situation, with the assumption that an l8! % grade was unacceptable. The following report outlines the tree preservation plan I for the initial proposal (with a reduced grade) and two other scenarios. As a point of interest, the % of slope of scenarios 2 & 3 are 10 and l2! respectfully. I Your consideration and speedy resolution are much o,,"odotod. ~. ,0 .. Sincerely, ~A James L. Clairmont omes By JAMES I 8381 Groveland Ct. · Suite 103 · Mounds View, MN 55112' Office: 784-4223 · Digital Pager. 621-0857 · Fax: 784-8124 I'. 10/23/1 g96 06:12 6127544836 VERNIX FORESTRY PAGE 05 I- ---..-.. .,,- I I VERN'X FORESTRY CONSULTANTS I October 22, 1996 I Jim Clairmont Homes by James I 8381 Groveland Court Mounds View, MN 55122 I Dear Jim, Ie As requested, I reviewed the trees at 1417 Forest Lane in Arden Hills and prepared a tree protection plan. This plan was created with the intent to minimize tree loss and damage from construction activities. Enclosed please find a tree tally listing each tree numbered I to correspond to the survey supplied. All trees noted on the survey were numbered and each reviewed to identify species, size and condition. There are smaller trees on the lot not noted on the survey supplied. In an effort to maintain consistency and minimize I confusion, these trees are not included in this report. To determine the best construction plan maximizing tree survival, each trees general health along with its size and species I must be noted. The proposed house pad and grade plan conform to the previ9us survey~lans. The I original survey identifies 6 trees for removal in the house pad area. In addition, I also recommend removal of tree numbered 10 and trimming of overhanging branches on tree numbered 22. I Tree numbered 10 is a large white oak with a significant trunk lean over the proposed house pad and large dead branches in the canopy. Combining its current condition, I location to the house, and root disturbances during construction this tree will be render a potential physical hazard to the homeowner. Removal is therefore strongly recommended. I The limb overhanging the house pad on tree number 22, is recommended to be trimmed to the next lateral branch union. To minimize the introduction of oak wilt to the site, treat the wound with a tree wound dressing within 8 hours of cutting the branch. The original it survey calls for both a silt fence and snow fencing around the construction work areas. In my opinion, silt fencing would adequately define the proposed work space and tree protection areas. I It is my understanding that the proposed driveway location on the west end of the house at an 18% slope is not acceptable to the future homeowners. I was asked to review possible I 10/23/19go 06:12 6127544836 VERNIX FORESTRY' PAGE 06 I -- I driveway placement with a 10-15 % slope. I have created three scenarios of possible I driveway location. They are as follows: Scenario 1 I Driveway remains at original survey location. Tree protection area fencing remain as noted on survey. Expected additional tree removal to facilitate driveway construction .;1.. I Trees numbered 6, 7 & 8 white oaks in good condition and size that could serve the future homeowner with years of enjoyment. Scenario 2 I Driveway starts at west end of lot and angles across the lot to proposed garage on east side I of the lot. Tree protection fencing location modified as outlined on survey scenario #2. Expected additional tree removal to facilitate driveway construction;.2. Trees numbered 4 & 5 white oaks in good condition and of size that could serve the future homeowner with ~ years of enjoyment. Scenario 3 I Driveway starts on east end of lot and connects with proposed garage on east side of lot. Tree protection fencing location modified as outlined on survey scenario #3. Expected additional tree removal to facilitate driveway construction;..b Trees numbed 2 & 3 on the I survey. Tree 2 is a large red oak with multiple basal cracks that extend 4 feet from the ground and open cavities in the upper crown, These structural defects suggest tree failure in the future. Tree numbered 3 is an average' sized bur oak with significant trunk lean and I propagating rib crack extending 6 feet of the trunk. These structural defects suggest tree failure in the future. Consideration should be made by future homeowner to remove these I trees. In my opinion, scenario 3 is the best location of the driveway to maximize tree survival. I It will remove two trees that will become potential physical hazards to the lot and maintain the other trees in good condition. I Sincerely, 1I/~~-'1~- I Mandy Musielewicz 7 -- I , r~"'~eV"el'I)' )hu-ppynfs <Ilrdtfkate -. 1:Ql1 'Ill Oenolea Surface Ora 1 HEARTLAND HUMES 1'5/-57 NOTE: Property located in part of Section Township ____. Range ____, - ~SuM-t'l..\O~ ~- TR~ P4tct. ok..,,- AIlE. ~ I ~ ~". /j V .. I ( \ , / \, I .:1,- €) ~)Jlt I ~\(\>t ~ It~" I I@/::>'-." .... , ,-' " t- _ -\. .lr ,."~? -+ I" ........." ,}'3}6') ~ ..... If"~ . () ?J7.2-!..' -t.>. I ~ II @ ~>)'v . ",~ , \. :Y/'I; .. ---.u '110lfOUlW 10 11I1S "41 10 '~II '41 J I .// PU'l paJIII15~. Alnp . ~ I 1141 put 'UOltIAJ' "Vi J~ JO ~ Aq ~Jtd'Jd '"" A'AJo, "141 11~1 All ~ 1 I .5 , . ~ , Aq p~PIAOJd uO/lewloJUI 10 pJo~aJ)O Sleld wo11 '18 llNI04& IIU' 0 , " , "- (; . . , u , I " 1"<0 ~ , "- '"' '0 ! lI) ., il 9~g 'ON 'S '1 'U I m .. ",' 0 0. '3 13VUl z E ",,-1 - . g U <J) ~ 7:~'{16 / .. l- . ;0 U --J ~ I <0: c: . .... c: 0 ~ ~~~ . ., .. ~ -- ..-- - . ---~- --- I d' part of Section ___ 1 cate 1n I ~el'\AItI() ;1 1'}./,57 NOTE: Property 0 Range ____, Township ____, , HEAR\lAND HOMES ~~ .. X - 1"'~ pcJI'( t.rl'JA/ A Lt!'04 "')0 I ~,. \, -7 I .. v \ , '. f / I G1 tl ),. , tt r 1 I ,." o' '@)Y ,If '.-";1" ,..~I<" _"'S I ~. .'.!< , - ' 'V-~ .\." ,. , @ "'" - '. I ' ,~ c.o-- :l( ,r>-"I ' ~..' "-\- \ ~o" \ (;II>' '" .lc .. C) ~ \ \ 4> ... ~' , -::::i, ..' .. Z . Y 't;l , , 0 " (). .. ' ~' \ . ~ ~ . .--. . j)~Z},"" ,t ~'<..'.... ~flJ '\ ~ ,'{' ~ '\ -0 ' I ,~, ,/.. '1~~1" ~ ' , -- \ . o~ I), <;) . 'oOCf (y~, ,l"fJ j I ~ if .'0. ",. / , Rea &J , P I I ~ r:J/, ~.. '-l!o~ ~ J' ~'o", ~ \ ....,,'" .' , . ;' I (Y. jo.. . \ \ ' '';-,' ' \ \ \. b .. '\ @ j.'-..+ \ I I ~\ I ....- .../ \ 1 I. , "of" "....t) / ' · I rsI' @ \ I U" ~,;"Ji'29 / <5:> 1 / ' I ~ ... :f>.' 1- '. I ~ " :r".,,_ .j'-\- '. / . , /'1 ')331' +/ , I <9 'J "'" '..0/ ' ;" 1 '_ ., -, , , I I ,r', L,)" ',' + \ "I \ \ :::1' ~/71o ~<I " ). \ ,\ '0' 'l' ' ,\ '.~, .{-'O,/ <v-: ,_ ... \ v . \ - ~ '- '" '- ~.. .B...~e"'el'11. ~Ui!JPU ~fnUU6m .. Oanorea Surloce 011 SUI1AA.IO 3 I HEARTLAND HOMES 1;'/57 NOTE: Property located in part of Section Township _' Range _, - fii"'- -rl~ t'~tt e ff.AJ Aa.e04 111:> I :\'" 1- 'v \ I ( .. , / \, / I ),-. .~ lit '0' . I ,.. .~ 0'(" ..~ #;JJ'lf {tV ~~ " /)fVl""-?U;<P ,111.,5' I ,.,' f@/-''''' -' -' -V-r <"., .It . c. >< ' ot. .\. ,,() ;- \ ~o'" \ . I>-~"I +- " ~'~ C;\ t' o '- \ \ ,',' "'. 1'3} f3? 1 \ -:::i -' ,,' let>~~7 \, ..-l.O ,,' z.. Y, 'v1 9J7,Z}.... ~ .?.?. .!:?'? '\ ", 0 , ,/ ''if "~.-' , Q) .,' . \ . ry ~.' '- .~. I ~ . '-. 0 .?' ,/,' 'to ( , ~/ '@ '0. ,'1~,~~ ~ . '0. .<,." Iv · ~ ~ ' ~ n . 00 ~(j.?, ' / cI\'~.1 . 8- ~<<; ,"0/)). J to ~~ P ,/-, ''\ q, $/'--. ,0 " , 'J!o~ . 0'.,' '" \ 'to . "" ~ ~ ~ \ \I ,/ . ~.t- " ~ ,'. @\, '\ 1- ~\,. _ ..~; \ b\ ~ "- "..-- ... \ 1- 1 . ~ "- i . ~ . '- L < , . " "t- o " ~ , , . .... > 0 c. 0 I > z E ~ ~ "..- - g . /' U (Jl . >- ~ - .. .z. U ---' ~ . "" - . . ;:: c: 0 .r:: .z. ~ - M > -;;: .. - !.i . ~ ,- ... 4 I CITY OF ARDEN HILLS ,. MEMORANDUM DATE: October 23, 1996 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrat@ SUBJECT: Building Inspection Services - 1997 I Request I The Council is asked to consider the creation of a permanent full-time Building Inspector position. I Background The City first considered the creation of this position as part of the preliminary 1997 Budget preparation process, and most recently at its October 21, 1996 Council Worksession meeting. I The Council expressed support for the creation of this position during both of these discussions. Job Duties Ie The attached job description details the job duties of the position. The primary objective of the position is to administer, interpret and enforce compliance with established building codes and I zoning ordinances and regulations to promote the health, safety, property rights, and welfare of the public. I Imnact on Current Service Providers The City currently contracts with two individuals who provide the duties which will be the responsibility of this position. David W. Kriesel, Inc, is contracted with annually and performs I building, plumbing and code enforcement activities. Gene Palmy is contracted with annually to provide heating inspections. The City, as part of the contract with Mr. Kriesel, is required to give a 60-day notice before terminating service. I What is the Current Cost for thcse Services? The City is estimating that expenditures for contract protective inspection services will be I $104,000 in 1996, of which: $70,000 will be paid to Mr. Kriesel and $25,000 to Gene Pakoy. The remainder is for electrical services. I What is the Estimated Cost for the New Position? The estimated salary range is $32,000 - $43,000. The estimated first-year compensation package I would be $44,000 ($36,000 - salary, $2754 - FICA, $1,613 - PERA and $3,720 - Insurance). There will also be some mileage reimbursement above and beyond what the City paid with the f' current inspectors. I IP -. ~ Memorandum - Building Inspection Services - 1997 I Page Two October 21, 1996 .. What are the Revenues from Protective Inspections? Excluding electrical permits, the City is estimating that the 1996 revenues from protective I inspections to be $258,500 ($220,000 - Building Permits, $34,000 - Heating Permits, and $4,500 - Plumbing Permits), Based on the creation of the full-time position, the expected cost savings to the City would be I $51,000 annually ($70,000 + $25,000 - $44,000). Whv does the Creation of This Position Make Sense? I Increased customer service is the first reason. Currently, by contracting these services, the customer service support provided is minimal. The fact that these service providers provide the I same services to other cities only allows for minimal office time, Mr. Kriesel spends only one hour per day at City Hall, and Mr. Pakoy keeps no office hours at City Hall. Cost savings to the City is the second reason (see information detailed above), I What is the Impact on the City's Pay Eqnity Program I At the pay range proposed, the creation of this new position does not appear to create any problems for pay equity compliance. eI When Would the Hiring Process Take Place? The City would advertise immediately and hope to have someone on board as soon as possible in I order to allow for as smooth a transition as possible, Staff would propose to utilize a portion of the anticipated budget surplus to fund the position for the remainder of 1996, Recommendation I Staff recommends the Council authorize the creation of a full-time Building Inspector position and advertisement of such position immediately. Staff is also directed to give the current I affected service providers (David W. Kriesel, Inc, and Gene Pakoy) with a 60-day notice that the City will be terminating its relationship with them. I I I I .. I I~ . I October 1996 ~ CITY OF ARDEN HILLS POSITION DESCRIPTION I Position Title: Building Inspector Department: Community Development Accountable to: Community Development Director I Positions Supervised: None Status: Full-Time Exempt I POSITION SUMMARY I Under general supcrvision and direction of the Community Development Director, this person administers, supervises and manages the issuance of all building permits for commercial, I industrial, and residential projects. Responsible for the administration and enforcement of all construction-related codes, including the Uniform Building Code, Uniform Housing Code, and mechanical, plumbing and fire codes. The position oversees and conducts all plan reviews, I inspections, and code compliance activities related to building development. ESSENTIAL FUNCTIONS OF THE JOB Ie I. Directs, plans and administers various building codes, I A. Responsible for the interpretation and enforcement of the Uniform Building and Housing Code, fire, mechanical and plumbing codes, sign and zoning ordinances and policies, I 2. Conducts inspections of new or remodeled buildings for compliance with applicable I codes and ordinances governing construction, plumbing, mechanical, housing and zoning. A. Consistently and fairly interprets codes in a professional manner. I B. Conducts inspections in a businesslike and impartial manner that commands the respect of contractors and property owners. I C. Makes inspections as scheduled so as to avoid causing unnecessary delays in construction. I I it I -------- . ~I Position Description: Building Inspector October 1996 I Page 2 .. 3, Assures review and approval of all requests for building or remodeling permits and issues appropriate permits. A. Checks plans for compliance with existing building, plumbing and zoning I requirements. B. As required, reviews requests with the Community Development Director to I ensure proper interpretation and implementation of City policies, plans and programs. I c. Calculate Building Permit fees and ensure that all fees are assessed accordingly to facilitate the timely collection of such fees. I 4. Identifies code violations and recommends to property owners and/or contractors the steps necessary to achieve compliance. I A, Maintains appropriate records of all inspections, citations, etc., for future reference as may be needed. I B. Communicates tactfully and effectively \vith contractors and property owners so understanding and cooperation is achieved in gaining compliance with regulatory ., codes and City ordinances. C. Periodically drives through community identifying violations, and makes I unannounced inspections as necessary. 5, Follows up on all zoning and City code violations noted to ensure that appropriate action I has been taken. A. May discuss with Community Development Director and City Attorney as to I basis for obtaining citations if justified, B- Assists Community Development Director in inspecting projects to assure that the I final product complies with City ordinances and any special conditions required I by City Council action; withholds Certificate of Occupancy for non-compliance. 6, Participates with Community Development Director and other staff in reviewing development proposals; makes recommendations when appropriate, compliance to code I and ordinance for items including: A. IdentifYing potential codelbuilding problems prior to Planning I Commission/Council consideration, .. I I I Position Description: Building Inspector October 1996 f' Page 3 7. Interprets codes and ordinances upon request by interested parties to ensure a clear understanding of and compliance with regulations. I A Keeps updated on regulatory codes and their interpretation. I B. Maintains appropriate certification by State as a Building Inspector. 8. Participates with the Community Development Director in developing, recommending I and administering flood plain regulations for the City of Arden Hills to ensure the safety in the Flood Zone. I A Recognizes potential hazards to the public health and safety and recommends and follows through to see that appropriate ordinances and regulations are established, I B. Assures compliance with State and Federal flood control regulations on a day-to- day basis. I 9. Participates with the Community Development Director in handling and responding to Zoning Ordinance violations and complaints, and makes inspections to protect the health Ie and safety ofthe public, A Recognizes potential hazards to the public health and safety; reports and follows I through to see that corrective action is taken. B. Keeps updated on regulatory codes and their interpretation, I 10. Represents the City of Arden Hills in a manner which commands respect ofthe public, contractors and citizens, I A Attends meetings as assigned or as requested when matters relate to I responsibilities assigned. II. Keeps the City Administrator and Community Development Director informed of I important developments which may be of interest to them, and makes recommendations where changes in policy should be considered. I 12. Performs other duties and assumes other responsibilities as assigned or as required, I it I -- 'I Position Description: Building Inspector October 1996 I Page 4 .. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an I employee to successfully perform the essential functions of this job, Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. I Performing the duties ofthe job requires considerable hand/eye coordination, manual dexterity and extensive periods of time reading a computer monitor and repetitive arm/hand motions for I word processing. The employee is regularly required to use hands to handle or feel objects, tools or controls and to talk or hear. The employee frequently is required to sit, stand or move about, reach with hands and arms, stoop, kneel, crouch or crawL I The employee must occasionally lift and/or move objects weighing up to 25 pounds, Specific vision abilities required by this job include close vision, distant vision, peripheral vision, depth I perception and the ability to adjust focus. WORK ENVIRONMENT I The work environment characteristics described here are representative of those an employee " encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed mostly in office settings. The employee may work occasionally outside and I in all weather conditions - rain, heat, cold, etc, The employee occasionally works near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid I conditions, or risk of electrical shock. The noise level in the work environment is usually quiet in the office, and moderate to loud in I the field. MINIMUM REOUlREMENTS I L High school diploma or O.E.D. I 2, Demonstrate a working knowledge of the Uniform Building Code, 3. State Building Official Certification, I 4. ICBO Certification as a Plans Examiner, Combination Inspector, or equivalent I credentials, 5. Valid Minnesota Driver's License. .. I -, I - ~e Position Description: Building Inspector October 1996 Page 5 I 6. Minimum of at least two (2) years of Municipal Building Inspection experience, 7. Low absenteeism from the job. I 8. Able to perform duties and requirements with a high level of accuracy without direct I supervISIOn. 9. Must be able to transport self to, from and around job sites. I KNOWLEDGE, SKILLS AND ABILITIES I I. Thorough knowledge of uniform building codes, plumbing codes, mechanical codes, general construction codes, and a thorough knowledge of carpentry; considerable knowledge in carpentry work, cement work, or plumbing, and skill in applying I knowledge of national uniform building codes, zoning and land use applications. 2. Ability to establish effective working relationships with contractors, developers, I architects, engineers, owners and the general public; ability to read and understand complicated plans and blueprints; ability to communicate effectively orally and in .. writing, DESIRABLE OUALIFICATIONS I I. Bachelor's Degree in Architecture, Engineering, Construction or related field. I 2. Minimum oftwo (2) years journeyman experience in the building trades, 3, Computer Skills (i.e., permit tracking software) I TOOLS USED Personal Computer (word processing and permit tracking software); motor vehicle, portable I radio, telephone, calculator, ladder or scaffolding, and tape measurer. I I NON-DISCRIMINATION POLICY I The City of Arden Hills does not discriminate on the basis of handicapped status in the admission or access to or treatment or employment in its " programs and activities. I I . I CITY OF ARDEN HILLS (' MEMORANDUM DATE: October 15, 1996 I TO: Mayor and City Council Brian Fritsinger, City Administrato.@) FROM: I SUBJECT: Arden Hills City Code, Chapter 1 I Request Attached, the Council will find Chapter I of the Arden Hills Municipal Code. The Council is I asked to review this chapter and provide any comments or changcs prior to completing the final draft. I Background Staff had initially presented this Chapter to the City Council in July of 1995 for review and comment. Staff was directed to provide several chapters at a time to the Council for review. I However, the lengthy delays in providing revisions to these ordinances by the League of Minnesota Cities has significantly slowed the process. Ie At the 1995 meeting, the Council discussed methods of publicly discussing each chapter to allow for input from the general public. In order to proceed and complete this project in the near I future, staff intends to present several chapters of the ordinance at each upcoming Council meeting. Should the Council desire to discuss any Chapter in more depth, staff can schedule time at future Worksessions or additional Council meetings.. I I have provided copies to Attorney Filla for review and comment. LMC has not done a good job at highlighting additions, corrections or changes, so staff will try to identifY each of these in I corresponding memorandums. Chapter 1 I Chapter 1 reviews the general provisions and introduction of the Municipal Code. Chapter 1 has generally been reorganized, but only two significant additions or changes have been proposed. The first is the addition of Section 120,05. The second is the change in Section 120.03 to the I language addressing fines. I Action Requested Staff would ask the Council for any suggested additions, corrections, changes or deletions it may have to Chapter L I t' I -- ----..-..------ I I LMC ,. 145 University Avenue West, St. Paul, MN 55103-2044 League 0/ M;nnesota CU;es Phone: (612) 281-1200 . (800) 925-1122 OtitlS promal.jng g:<<eU..mce Fax: (61~281-1299 . TDD (612) 281-1290 I August 23, 1996 RECEIVED AVe 2 6 199B I Brian Fritsinger City Administrator I City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 I I Dear Brian: Enclosed are Chapters 1 through 5 of the second draft of the new Arden Hills City Code I incorporating the changes requested by the City from the first draft, I ran into some technical problems and was unable to complete the printing of the remainder of the second draft. I will be out of the office until September 9, but I will forward the remainder of the second draft as Ie soon as possible upon my return, Because the League's fiscal year ends on August 31, you may receive an invoice for the second draft before you have received the last chapters of it. Please feel free to hold the invoice until after the remaining chapters have been received, I The changes in this draft are marked in the same manner as they were in the first one. I have I also attached three model ordinances for the City to consider incorporating into the Code. Please review this draft very carefully as any changes requested after this draft has been returned and the final draft printed will be charged at the additional rate provided for in the I contract between the League and the City of Arden Hills, After you have had a chance to review this draft, if you would like to schedule a meeting to I discuss it or to present it to the council, please let me know so that it can be scheduled, In the meantime, if you have any questions about this draft or the procedure for completing this Code, please feel free to call me. I Sincerely, I ~~ Kent Sulem I Codification Attorney fI Enc, I AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER City of Arden Hills I Chapter 1 Code Introduction I Chapter 1 - Code Introduction .. Section 100 - General Provisions I I 100.01 Code Designation, Citation. The chapters, articles, sections, and subdivisions embraced I in this Code of Ordinances shall constitute and be designated as "The Code of Ordinances of the City of Arden Hills, and may be so cited. This Code may also be cited as the "Arden Hills City I Code." Internal references to the Arden Hills City Code may be made as "this Code" or "the I Code," All references and citations to this Code shall be deemed to include all additions and amendments to the Code. All references to Chapters or Sections are to the Chapters and Sections I of this Code unless otherwise specified, ~ State law reference-Authority to codify ordinances, Minn, Stat. H 412.191(5), 415,021. I 100.02 Additions. New ordinances proposing amendments or additions to the Code shall be I assigned appropriate code numbers and shall be incorporated into the Code as of their effective I date. Reference or citation to the Code shall be deemed to include such amendments and additions. When an ordinance is integrated into the Code, there may be omitted from the I ordinance the title, enacting clause, section numbers, definitions of terriIs identical to those I contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the Administrator, in cooperation with the city attorney, I may correct obvious grammatical, punctuation, and spelling errors; change reference numbers to I conform with sections, articles, and chapters; substitute figures for written words and vice versa; .. I - 1 I I City of Arden Hills Chapter 1 Code Introduction I ,. substitute dates for the words "the effective date of this ordinance"; and perform like actions to insure a uniform code of ordinances without, however, altering the meaning of the ordinances I enacted. I I 100.03 Numbering. Each section number of this Code consists of two component parts separated by a decimal. The first digit of the number refers to the chapter number and the digits after the I period refer to the position of the section within the chapter. Ifthe chapter is divided into parts, I the figure immediately to the left of the decimal corresponds to the part number. I 100.04 Title Headings; Cross References. Chapter, part, section, subdivision, and other titles .. shall not be considered part of the subject matter of this Code but are intended for convenience I only and not necessarily as comprehensive titles. I 100.05 Copies. Copies of this Code shall be kept in the office of the Administrator for public I inspection or sale for a reasonable charge, as determined by the CityCollncil. I 100.06 Existing Rights and Liabilities. The repeal of prior ordinances and adoption of this Code I are not to be construed to affect in any manner rights and liabilities existing at the time of repeal I and the enactment of this Code. Insofar as provisions in this Code are substantially the same as pre-existing ordinances, they shall be considered as continuations and not as new enactments, I Any act done, offense committed, or right accruing or liability, penalty, forfeiture, or punishment ,. incurred or assessed prior to the effective date of this Code is not affected by the enactment of the I 1 - 2 ! I City of Arden Hills Chapter 1 Code Introduction I Code. .. 100.07 Effect of Repeals or Amendments. The repeal or amendment of any portion of this Code I shall not revive any ordinance in force before or at the time the Code or amendment took effect. I The repeal of any Section shall not affect any punishment or penalty incurred before the repeal I took effect, nor any suit, prosecution or proceeding pending at the time of such repeal, for an offense committed or cause of action arising under the Section repealed. I 100.08 Severability of Parts of Code. The sections, paragraphs, sentences, clauses and phrases I of this Code are severable, and if any phrase, clause, sentence, paragraph or Section of this Code I shall be declared invalid, unenforceable or unconstitutional by the valid judgment of decree of a .. court of competent jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or Sections of this Code. I I Section 110 ' Rules of Construction and Definitions I I 110.01 General. In the construction of this Code and of all ordinances of this City, the following I rules of construction and definitions shall be observed, unless such construction or definitions would be inconsistent with the manifest intent of the City Council, would be repugnant to the I context of the provisions or the context clearly requires otherwise. All words and phrases shall I be construed and understood according to the common and approved usage of language; but .. 1 - 3 I I City of Arden Hills Chapter 1 Code Introduction I ,. technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate I meaning. I 110.02 Definitions: For the purpose of this Code, and unless the context clearly indicates I otherwise, the following words and phrases shall have the meaning given them in this Section. I I Subd. 1 Alley. The word "alley" shall mean a minor public way which is used primarily for vehicular service access to the back or side of a property abutting on a street. I Ie Subd. 2 Boulevard. The word "boulevard" shall mean that portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curbline) and the I property line of abutting properties which may contain within its boundaries a sidewalk. I I Subd. 3 City. "City" shall mean the statutory City of Arden Hills in the County of Ramsey in the State of Minnesota. I I Subd. 4 City Council. "City Council" shall mean the governing body of the City. I Subd. 5 Code. "Code" shall mean this Code of Ordinances as designated and cited in section I 100.0t. " I 1 - 4 I City of Arden Hills Chapter 1 Code Introduction I Subd. 6 County. "County" shall mean the County of Ramsey in the State of Minnesota. .. Subd. 7 In the City. The words "in the City" or "in this City" shall mean and include any I territory within the corporate limits of this City and the police jurisdiction thereof, and any I other territory over which regulatory power has been conferred on the City by general or I special act, except as otherwise specified. I Subd. 8 Law. The word "Law" shall mean any statute, ordinance or regulation promulgated I by the United States, the state, the county, the City or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate. I .. Subd. 9 Month. The word "month" shall mean a calendar month. I Subd. 10 Oath. The word "oath" shall be construed to include an affIrmation in all cases I in which, by law, an affIrmation may be substituted for an oath, and in such cases the words I "swear" and "sworn" shall be equivalent to the words "affirm" and "affIrmed." I Subd. 11 Owner. The word "Owner" shall, when applied to a building or land, include any I part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by I the entirety of the whole or of a part of such building or land. I Subd. 12 Pathway, Pedestrian way. The words "Pathway" and "Pedestrian way" shall .. 1-5 I ---- I City of Arden Hills Chapter 1 Code Introduction I ~ mean a way, public or private, running across or located within a platted lot or block or an unplatted parcel of land, improved, designed or intended for the principal use of pedestrians. I I Subd. 13 Person. The word "Person" shall include and be applied to a firm, partnership, I association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual. I I Subd. 14 Personal Property. The words "Personal Property" shall include money, goods, chattels, evidences of debt, things in action, and any other species of property, except real I property. Ie I Subd. 15 Preceding, Following. The words "Preceding" and "Following" shall mean the next before and the next after respectively. I I Subd. 16 Property. The word "Property" shall include real, personal and mixed property. . I Subd. 17 Public Place. "Public Place" shall mean any public way, park, cemetery, school I yard or open space adjacent thereto; any public lake or stream; and any place or business I open to the use of the public in general, open to public view or to which the public has access. I ,. Subd. 18 Public Way. "Public Way" shall mean any street, sidewalk, pathway, Pedestrian I 1 - 6 - __.__u_n__ I City of Arden Hills Chapter 1 Code Introduction I way, or other thoroughfare granted, dedicated, or reserved for public use and used by the .. public for vehicular or pedestrian purposes. I Subd. 19 Real Property. The words "Real Property" shall include lands, tenements and I hereditaments. I Subd. 20 Residence. "Residence" shall mean the place adopted by a person as his or her I place of habitation, and to which, whenever he or she is absent, he or she has the intention I of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his or her residence. I .. Subd. 21 Roadway. "Roadway" shall mean that portion of a street improved, designed or I intended for the principal use of vehicular traffic extending from the back of the curb (Le" the curbline) on one side to the back of the curb (i.e., the curbline) on the other side. I I Subd. 22 Sidewalk. The word "sidewalk" shall mean a way, public or private, comprising a portion of the boulevard of a street which is improved, designed or intended for the I principal use of pedestrians, I Subd. 23 Signature, Subscription. The word "Signature" or "Subscription shall include a I mark when the person cannot write, when his or her name is written near such mark and is I witnessed by a person who writes his or her own name as witness. .. 1 - 7 I I' . City of Arden Hills Chapter 1 Code Introduction I " Subd. 24 State. The words "the State" or "this State" shall mean the State of Minnesota. I Subd. 25 Street. The word "Street" shall mean a way, public or private, for the conveyance I principally of vehicular traffic whether designated as a street, avenue, parkway, road, lane, I throughway, expressway, highway, place or however otherwise designated, consisting of a roadway and boulevard, the latter of which may contain a sidewalk. I I Subd. 26 Tenant, Occupant. The words "Tenant" and "Occupant," applied to a building or land shall mean any person who occupies the whole or a part of such building or land, I whether alone or with others. Ie I Subd. 27 Writing, Written. The words "Writing" and "Written" shall include typewriting, printing on paper and any other mode of representing words and letters. I I Subd. 28 Year. The word "Year" shall mean a calendar year. State law reference-Similar provisions, Minn, Stat. ~~ 645.15, 645,44. I I 110.03 Special Interpretations. I Subd. 1 Gender. A word importing the masculine gender only shall extend and be applied I to females, and vice versa, and both shall apply to firms, partnerships, associations and it corporations as well as to males. Nme.: While all attempts will be made to make language I 1 ,8 . 'I City of Arden Hills Chapter 1 Code Introduction I gender neutral, this subdivision should remain as a catch-all for anything that might be .. inadvertently missed. I Subd. 2 Number. Any word importing the singular number shall include the plural, and any I word importing the plural number shall include the singular. I Subd. 3 Official Time Standard. Whenever certain hours are named in this Code they shall I mean standard time or daylight savings time as may be in current use in the City, I Subd. 4 Officials, Employees, Boards, Commissions, etc. Whenever reference is made to I officials, employees, boards, commissions or other agencies of the City by title only, i.e., .. "mayor," "clerk-administrator," "chief of police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this City. I . I Subd. 5 Shall, May. The word "shall" is mandatory, and the word, "May" is discretionary. I Subd. 6 Tense. Words used in the past or present tense shall include the future as well as I the past or present. I 110.04 Delegation of Authority. Whenever a provision appears in this Code requiring an officer I of the City to do some act or make certain inspections, it is to be construed to authorize such I officer to designate, delegate and authorize subordinates to perform the required act or make the .. I - 9 I I . City of Arden Hills Chapter 1 Code Introduction I it required inspection unless the terms of the provision or section expressly designates otherwise, I 110.05 Joint Authority. Words purporting to give authority to three (3) or more officers or other I persons shall be construed as giving such authority to a majority of such officers or other persons, I unless it is otherwise specifically declared. I 110.06 Reasonable Time. "Reasonable Time" shall mean all cases where any Section of this I Code or City ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be I necessary for the prompt performance of such duty, or compliance with such notice. Ie I 110.07 Exception to Rules of Interpretation. The rules of construction and definitions set forth in this Section shall not be applied to any Section of this Code or City ordinance which shall I contain any express provision excluding such construction or definition, or when subject matter I or context of such provisions or ordinance may be repugnant thereto. I 110.08 Incorporation by Reference. All standard codes, rules, regulations, and other subject I matter referenced in this Code or hereafter properly incorporated by reference, together with I subsequent amendments thereto, shall be kept and preserved in the office of the City Administrator. I ~ 110.09 Parenthetical and Reference Matter. The matter in parentheses at the ends of sections I 1-10 . I City of Arden Hills Chapter 1 Code Introduction I in this Code is for information only and is not a part of this Code, Citations to ordinances indicate .. only the source of such Section and the text mayor may not be changed by this Code. I 110.10 Conflicts. If the provisions of different Chapters of this Code conflict with or contravene I each other, the provisions of each Chapter shall prevail as to all matters and questions growing I out of the subject matter of such Chapter. If conflicting provisions be found in different Sections of the same Chapter, the provisions of the Section which is last in numerical order shall prevail I unless such construction would be inconsistent with the meaning of such Chapter. I I Section 120 - Violations and Penalties .. 120.01 Police Power Extended to City Property. The police power of the City is hereby I extended to include all lands or property owned or leased by the City or any agency of the City I and the general ordinances of the City shall be applicable on such property. I 120.02 Altering Code. It shall be unlawful for any person to change or amend by additions or I deletions, any part or portion of this Code. or to insert or delete pages, or portions thereof, or to I alter or tamper with such Code in any manner whatsoever which will cause the law of the City I to be misrepresented thereby; provided, that supplementation of this Code by authorized persons shall be permitted. I .. 1 - 11 I .. City of Arden Hills Chapter 1 Code Introduction I ~ 120.03 General Penalty. . Subd. 1 Misdemeanor. Whenever in this Code or in any ordinance of the City an act is I prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or . whenever in this Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of I any such provision or the failure to perform any such act shall be punished by a fine ef-ftet . exeeeaillg ft.e htlllarea a51lllB ($500,00) or by imprisonment 115t t8 exeeea llillety (90) all)'3 or both :nu.:h fin~ alia in1pri:HH1fi~nt in. tli" dhC:I e:tiofl af the. eol1rt. in an amount orfor.a . period of time, or both, not to exceed the maximum penalty allowable under State law. for a .. misdemeanor. I Subd. 2 Petty Misdemeanor. Notwithstanding the provisions of Subdivision 1 or this . Section, in the event any provision of this Code is designated as a "petty misdemeanor" the I violation of such provision shall be punished by a fine of not to exceed Olle fflftarea aell!lf3 ($100.00), the amount authorized by. Statela\y for petty misdemeanors. I I Subd. 3 Penalty Not Exclusive. The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or pennit issued . or granted under the provisions of this Code. In the event any violation of this Code is I designated as a nuisance under the provisions of this Code, such nuisance may be summarily " abated by the City in addition to the imposition of a fine or imprisonment. I 1 - 12 Chapter 1 Code Introduction '. City of Arden Hills I -- 120.04 Separate Violations. Each day any violation or failure to perform a required act shall . . I I I I .. I . I I . . I .. 1 - 13 I I' . City of Arden Hills Chapter 1 Code Introduction ~. continue shall constitute a separate offense, unless otherwise specifically provided. I I 120.05 Issuances of Summonses.~: This subsection was added by City) The persons listed I below, as employees or agents of the City, shall have the power to issue summonses incorporating complaints in the form adopted by the courts. Any issuance by those listed below shall relate only I to offenses involving this Code, building construction, building operation or maintenance, fire and I fire prevention, public health and sanitation, and zoning. No employee or agent authorized to issue a summons under this subsection shall be authorized to arrest or otherwise take an alleged I violator into custody or to secure a promise to appear in court in lieu of arrest. The employees I or agents who shall be authorized to issue summonses under this subsection shall be as follows: .. a. Building Inspector I b. Fire Chief and Assistant Fire Chief I c. Community Service Officer d. Health Officer I e. Plumbing Inspector I f. Mechanical Inspector I g. Electric Inspector h. Other Employees or agents as shall from time to time be authorized by the CounciL I State law reference-Penalties for violation of ordinances, Minn, Stat. ~~ 412.231,609,032, I ~ 1 - 14 I I I' . CITY OF ARDEN HILLS f' MEMORANDUM DATE: October 15, 1996 I TO: Mayor and City Council Brian Fritsinger, City AdministratoOO I FROM: SUBJECT: Arden Hills City Code, Chapter 2 I ReQuest Attached, the Council will find Chapter 2 of the Arden Hills Municipal Code. The Council is I asked to review this chapter and provide any comments or changes prior to completing the final draft. I Background Chapter 2 of the Code relates to the general administration of the City. This would include items I related to Council salaries, meetings, boards and commissions, and elections. Major changes or items to consider are: .. Section 210.02 - The salary changes made several years ago are reflected. Section 210.03 - New language I Section 220.03 - Should be deleted based on previous Council action. Section 220.05 - New language, see note from LMC. Section 230 - I'm trying to determine if City took formal action appointing Ramsey I County as responsible agency. Section 240 - Deleted, I'll be presenting a personnel ordinance in a different fOnlll)<. I Requested Action Staff would ask the Council for any suggested additions, corrections, changes or deletions it may have to Chapter 2, I I I I .. I i I' !:ity of Arden Hills Chapter 2 Administration 1 ~ Chapter 2 Administration . I Section 200 - Elections 1 1 200.01 Date of Election. The regular City election shall be held biennially on the Tuesday after the first Monday in November in every even numbered year beginning with the 1974 election. I State law references-Elections, general and special, Minn, Stat. Ch, 203; conduct of elections, I Minn. Stat. Ch. 204; municipal elections, Minn. Stat. Ch, 205, I 200.02 Absentee Ballot, l:iJlli.: The new statutes authorizing elections by mail in some limited .. circumstances does not effect the general absentee election laws. Thus, while this formal of a 1 code provision is not common, it is still valid and the term absentee ballot does still have legal significance. 1 I Subd. 1 Precinct Established, There shall hereby be continued an absentee ballot precinct within the City which shall handle all absentee ballots of the electorate of the City received I during any election. (Established by Ord. No. 269, 8-27,90) 1 Subd. 2 Polling Place. The absentee ballot precinct shall be the precinct in which the City 1 Hall of the City serves as the polling place for such precinct. 1 ~ 'State law references-Statutory cities, Minn, Stat. Ch. 412; powers of council, Minn. Stat. ~ 412,191; rights, powers and duties of municipalities. Minn. Slat. Ch, 465, 1 2 - 1 '. City of Arden Hills Chapter 2 Administratio... I Subd. 3 Election Board. The election board of the precinct for which the City Hall serves .. as the polling place shall be the election board of the absentee ballot precinct. . Subd. 4 Duties. Unless otherwise provided in the State of MinnesNa election laws, the I absentee ballot precinct shall: I A. Receive all absentee ballots of the electorate of the City for any election, I I B. Check the registration of each absentee ballot. I C. Determine the precinct of each absentee ballot voter and report the results of such .. election to each precinct with such results to be tabulated with that precinct. I D. Prepare a list for submission to. each precinct within the City prior to the close of the . election day for precinct officials to check against the voter registration file to ascertain I if any absentee ballot voter voted by person. I E, Reject any absentee ballots of persons who had voted at a precinct making a notation . on the envelope of the absentee ballot as to the reason for rejection, I F. Count the absentee ballots after the polls have closed by opening them and tabulating I the vote of each absentee ballot voter in a manner which will indicate each vote of the .. 2-2 I I' City of Arden Hills Chapter 2 Administration I .- absentee voter and designate that the vote was received by absentee ballot. I I Section 210 - City Council' I 210.01 Terms of Councilmembers, Mayor. Two (2) councilmembers shall be elected for I four-year terms at each biennial election commencing in 1974. The mayor shall be elected for a I four-year term at the biennial election commencing in 1986. I 210.02 Salaries. The salary of the mayor ~ shall be fixed at tw6 three thousand ftine six hundred Ie dollars ($~ 3,600.00) per annum payable in equal monthly installments of tw6 three hundred I felty 6ll(; dollars !Ilia Jix'Y JeY~1l e~llts ($241.67 300). The salary of each councilmember ~ shall be fixed at the rate of tw6 three thousand three two hundred dollars ($t,-;OO 3,200.00) per annum I payable in equal monthly installments of tlfIe two hundred llillct) elll(; sixty-six dollars and I sixty-seven cents ($-1-9+ 266,67). I 210.03 Council Meetings. I I Subd. 1 Regular Meetings. The City Council shall have regular meetings on the second and last Mondays of each month at 7:30 p.m. and, if such day shall fall on a holiday, shall have I it 'State law references-Optional plans of government, Minn, Stat. ~ 412,541: optional plan A, Minn. Stat. ~ 412.572 et seq.: governing bodies, Minn. Stat. ~ 471.57, I 2-3 ------- - -------- '. City of Arden Hills Chapter 2 Administration I its regular meeting on the next following day, and adjourned and special meetings at any -. other time 2 or more Councilmembers or the mayor may deem necessary. The first meeting of the year shall be held on the second day of January unless the second day of January shall I fall upon Saturday or Sunday, in which event it shall be held on Monday the third or fourth. I All meetings shall be held in the city hall except as otherwise, from time to time designated . by the CounciL State law reference-Meetings of council, Minn, Stat. !i 412.191(2). I Subd. 2 Adjournment. The Council may at any time, by a majority vote of those present, I adjourn from time to time to a specific date and hour whether or not a quorum is present, I .. Subd. 3 Special Meetings. Special meetings may be called by the mayor or any two (2) members by written request filed with or verbal request made to the clerk-administrator at I least three (3) days, Sundays and holidays excepted, prior to the time specified for such I meeting. The clerk-administrator shall mail a notice at least two (2) days before the meeting I to all members of the time and place of the meeting and its purpose, if the purpose be stated in the call filed with or made to him or her. I I Subd. 4 Emergency Meetings. An emergency meeting may be called by the Mayor or any two members of the Council for the purpose of dealing with a situation which due to the I circumstances requires the immediate consideration of the CounciL Actual notice of the I meeting must be attempted to be given to all members of the Council, and notice provisions .. 2-4 I I' City of Arden Hills Chapter 2 Administration I ,. of State law must also be met. 1 Subd. 5 Initial Meeting. At the first regular Council meeting in January of each year the 1 Council shall: I A. Designate the depositories of City funds; 1 1 B. Designate the official newspaper; I C, Choose one of the Councilmembers as acting Mayor, who shall perform the duties Ie of the Mayor during the disability or absence of the Mayor from the City or, in case of a vacancy in the office of mayor, until a successor has been appointed and qualifies; I I D. Appoint such officers and employees and such members of boards, commissions, I departments, and committees as may be necessary. 1 Subd. 6 Presiding Officer. The mayor shall preside at all meetings of the CounciL In the I absence of the mayor, the acting mayor shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporary chairperson. The acting mayor I and temporary chairperson when occupying the place of the mayor shall have the same I privileges as other members. ~ I 2,5 '. City of Arden Hills Chapter 2 AdministratioI! I Subd. 7 Quorum; CompelIing Attendance. At all meetings of the Council, a majority of .. the councilmembers shall constitute a quorum to do business, but a minority may adjourn . from day to day and may compel the attendance of absentees unless a reasonable excuse be offered. . . Subd, 8 Meetings Public. All meetings of the Council shall be public and shall comply with the open meeting law. . I 210.04 Rules and Procedures. I Subd. 1 Purpose. These rules and procedures of the Council are adopted to facilitate the .. transaction of Council business and functions. They should not be permitted to defeat or . hinder the plainly expressed intent and desire of the CounciL Informal compliance and substantial performance shall be sufficient under the following rules in the absence of . objection seasonably taken, Objection is hereby declared not to have been seasonably taken I as to procedural matters provided for herein if a councilmember present at a meeting fails to object during the meeting and request compliance with these rules, and such objection shall I not be seasonably taken if taken by an absent member later than the next regular meeting after . the proceedings to which objection is made, . Subd. 2 Amendment of Rules. The rules governing meetings of the Council, or any of . them, may be temporarily suspended by consent of a majority of all Councilmembers, and .. 2 - 6 I I' City of Arden Hills Chapter 2 Administration I " shall not be repealed, altered, or amended, unless by concurrence of a majority of the whole Council, and upon notice given at some preceding meeting. I I Subd. 3 Robert's Rules. In all points not covered by this Section, the Council shall be I governed in its procedure by Robert's Rules of Order, Revised. I Subd. 4 Authority of Mayor Generally. The mayor shall preserve order and decorum and I shall decide questions of order subject to an appeal to the CounciL The mayor may make motions, second motions, or speak on any question; provided, however, that in order to do I so, upon demand of anyone Councilmember, he or she shall vacate the chair and designate .. a Councilmember to preside temporarily. The mayor shall be entitled to vote like other members of the CounciL I I Subd. 5 Voting Generally. When a question is put to the Council by the chair, every I member present shall vote unless for special reasons the Council shall excuse him or her; or a conflict of interest may exist, he or she shall not vote. In cases where the direction of the I vote is in doubt, the chair may direct, or any member may demand, that a division vote be I taken. The yeas and nays shall be called upon a requisition by the chair or any member, in which case the names of the members voting are required to be recorded in the minutes. I Except as otherwise provided in this Code, or when a different vote is requiredllyl,!-~-, a I majority vote of those present shall be sufficient to approve any question posed to the fI CounciL I 2 - 7 , '. City of Arden Hills Chapter 2 Administration I 210.05 Minutes. Minutes of all Council meetings shall be kept by the Administrator. They shall .. be signed by the Administrator and shall constitute an official record of the Council proceedings. Upon approval of the minutes at a subsequent meeting of the Council, the mayor shall sign the I minutes. Lack of such mayor's signature or Council approval shall not invalidate such minutes I as official records, I 210.06 Execution of Ordinance; Ordinance Book. After an ordinance shall have passed, a I complete and accurate copy as amended shall be made by the Administrator and shall be signed I by the mayor or in his or her absence by the acting mayor, and deposited with the Administrator who shall attest, seal, number, file, and record or place the same permanently in the City's I ordinance book. Entry of the complete ordinance as amended directly into the ordinance book and .. original signatures and seal thereon shall be in compliance with this Section. The affidavit of I publication shall be permanently inserted in the ordinance book after each ordinance, I I I Section 220 - Boards, Committees and Commissions I 220.01 General. I I Subd. 1 Quorum. A majority of the members of any board~, committee or commission of .. 2-8 I I' City of Arden Hills Chapter 2 Administration I .- the City at any meeting of such group shall constitute a quorum for the transaction of the business coming before such board, conunittee or conunission. I I Subd. 2 Voting Required. Each member of any board, committee or commission of the City I shall be required to vote on matters coming before that body unless such member shall have a conflict of interest concerning the matter to be voted on. I I Subd. 3 Minimum Requirement for Action. Unless otherwise specifically provided, a majority of the members of any board, conunittee or conunission present and voting at any I meeting thereof shall be required for any action or decision of such board, conunittee or Ie commission. I 220.02 Advisory Committees. Advisory committees may be established by the Council as may I be needed from time to time for the efficient operation and administration of the affairs of the I City. In the event such conunittees are established, the members thereof shall be appointed by the mayor with the approval of the CounciL ~: The committees that should be listed in this I chapter are those with ongoing duties created by a specific ordinance. The EDA should definite I be added. I 220.03 Human Rights Conunission' ~: This commission is not required by statute. If the I it 'State law reference-Department of Human Rights, Minn. Stat. Ch, 363, I 2-9 'I City of Arden Hills Chapter 2 Administration I committee is not as formal as the commission was intended to be, does not have specific assigned -I tasks that are of an ongoing nature, etc. This section could be deleted and the committee treated as under 220.02. I I Subd. 1 Established. There is hereby continued within the City a human rights commission. I (Created by Ord, No, 105 S 2, 5-27-68.) I Subd. 2 Purpose. The purpose of the human rights commission shall be to secure for all I citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community by assisting the I Minnesota Department of Human Rights in implementing Chapter 363 of the Minnesota eI Statutes and by advising the City Council on long range programs to improve community relations in the City, I I Subd. 3 Composition. The human rights commission shall consist of ten (10) regular I members to be appointed by the mayor with the advice and consent ofthe CounciL Additional ad hoc members, requested by the chairperson of the commission for special projects may I also be appointed to serve thereon by the mayor with the advice and consent of the CounciL I Both regular and ad hoc members of the commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and I imposed upon the commission, I .. 2,10 I ----.-----.- I' City of Arden Hills Chapter 2 Administration I ,. Subd. 4 Appointment, Terms. I A. Each member of the human rights commission, after the original appointments, shall 1 be appointed for a term of three (3) years. Upon the expiration of his or her term of 1 office, a regular member shall continue to serve until his or her successor is appointed and shall have qualified. To insure regularity in the composition of the commission, the I first year of any term of a regular member shall be deemed to end at the expiration of the I calendar year in which the appointment is made. Members may be reappointed to subsequent terms. I Ie B. Ad hoc members shall be appointed for one year terms, which shall be deemed to I have expired at the end of the calendar year in which the appointment is made. 1 C. At the first meeting of the Council in each calendar year, the mayor with the advice I and consent of the Council, shall in addition to making the required appointments designate one of the members of the commission to act as its chairperson for that I calendar year. I Subd. 5 Removal. Any member of the human rights commission may be removed from I office for cause by the mayor with consent of the CounciL I f' Subd. 6 Filling of Vacancies. Any person appointed to fill a vacancy occurring in the I 2 - 11 ---- 'I City of Arden Hills Chapter 2 Administration I membership of the human rights commission prior to the expiration of the term for which his .. or her predecessor was appointed shall be appointed only for the remainder of such unexpired term. I I Subd. 7 Compensation. Both regular members and ad hoc members of the human rights I commission shall serve without compensation, I I Subd. 8 Duties and Responsibilities. In fulfillment of its purpose, the human rights commission's duties and responsibilities shall be to: I .. A. Adopt bylaws and rules for the conduct of its affairs including the election of such I officers other than chairperson as it deems necessary, assumption of duties and definition of responsibilities of officers and committees, I I B, Draft a memorandum of agreement with the Minnesota Department of Human Rights for the purpose of determining regulatory and enforcement procedures. I I c. Enlist the cooperation of agencies, organizations and individuals in the community I in an active program directed to create equal opportunity and eliminate discrimination and inequalities. I .. 2 - 12 I I' City of Arden Hills Chapter 2 Administration ~. D. Formulate a human relations program for the City to give increased effectiveness and I direction to the work of all individuals and agencies addressing themselves to planning, I policy making and educational programming in the area of civil and human rights. I E. Advise the mayor, the City Council and other agencies of the government on human I relations and civil rights problems. I P. Act in an advisory capacity with respect to planning or operation of any City I department on issues of civil and human rights and recommend the adoption of such I specific policies or actions as are needed to provide for full equal opportunity in the .. community. I G, Develop in cooperation with the Minnesota Department of Human Rights such I programs of formal and informal education as will assist in the implementation of Chapter 363 of the Minnesota Statutes and provide for the commission's assumption of I leadership in recognizing and resolving potential problem areas in the community. I 220.04 Planning Commission, . I I Subd. 1 Appointment. At the first Council meeting of the calendar year, the mayor shall I appoint a planning commission consisting of seven (7) members subject to approval by a ,. 'State law reference-Housing, redevelopment, planning, zoning, Minn, StaL Ch, 462 I 2,13 'I City of Arden Hills Chapter 2 Administration majority vote of the entire CounciL .1 I Subd. 2 Terms. The term of each member of the Planning Commission shall be for the I calendar year or the balance thereof following the member's appointment, I Subd. 3 Filling Vacancies. Vacancies in the Planning Commission occurring during the I calendar year shall be filled by the mayor as soon as conveniently possible with the approval I of the majority of the entire City CounciL I Subd. 4 Chairperson. One (I) of the regular members of the Planning Commission I shall be designated by the mayor as the chairperson. .. Subd. 5 Other Officers. The members of the Planning Commission may elect a vice I chairperson, !l sccret!lr)', and such other officers as they shall deem appropriate. I I Subd. 6 Powers and Duties. I A. Generally, The Planning Commission shall fulfill the function of the City's planning I agency and its board of adjustments and appeals. It shall exercise the duties conferred on I it by the City Council and shall have the powers prescribed for such agencies and boards pursuant to MS 462.351 through 462.364 as amended, including but, not limited to the I following: .. 2 - 14 I I City of Arden Hills Chapter 2 Administration I ~ I. Comprehensive Municipal Plan. The Planning Commission shall prepare the I City's comprehensive municipal plan, periodically review the plan and make recommendations to the City Council regarding adoption or amendment of the plan. I I 2. Public Property. The Planning Commission shall review the proposed public acquisitions and disposals of real property and proposed public improvements to real I property and shall advise the City Council in writing whether such acquisitions, I disposals or improvements are in compliance with the city's comprehensive municipal plan. Failure of the Planning Commission to report on the proposal within I forty-five (45) days (Note: There was a question after this forty-five day Ie requirement, but it did not specify the concern) after referral by the City Councilor I within such other reasonable period as may be designated by the City Council shall be deemed to have satisfied this review requirement. The City Council may, by I resolution adopted by an affirmative vote of four (4) Councilmembers, dispense with I this review requirement if in its judgment the City Council determines that such proposal has no relationship to the City's Comprehensive Municipal Plan. I I 3. Public Hearings. The Planning Commission shall conduct public hearings as I required by state law or the provisions, of this Code. I 4. Appeals from Administrative Decisions, The Planning Commission shall hear fI and decide appeals where it is alleged that there is an error in any order, I 2 - 15 ------------ I City of Arden Hills Chapter 2 Administration I requirement, decision or determination made by an administrative officer in the .. enforcement of the City's official controls. I 5, Variances. The Planning Commission shall hear requests for variances pursuant I to the requirements contained in the City's official controls. I 6. Building Permits. When a building permit fot the construction of a building is I not issued because the building is to be constructed within the limits of a mapped I street, outside of any building lines that may have been established upon an existing street or within an area identified for public purposes on an official map adopted by I the City, the Planning Commission, upon appeal filed with it by the affected prop- el erty owner, may authorize the issuance of a building permit for said building in such location in any case in which the Planning Commission finds that: I I a. The entire property of the appellant, part of which is included within or is I located outside of one (I) or more of the above-described areas, cannot yield a reasonable return to the appellant unless the building permit is granted; and I I b, Justice and equity require the issuance of the building permit when the City's interest in preserving the integrity of its official map and comprehensive I municipal plan is balanced against the appellant's interest in the use and I enjoyment of the property. .. 2 - 16 I I City of Arden Hills Chapter 2 Administration I I- If the Planning Commission authorizes the issuance of a building permit under this Subdivision, the City shall have six (6) months from the date of the decision of the I Planning Commission to institute proceedings to acquire such land or interest I therein. If no such proceedings are started within that time, the building permit shall I be issued in accordance with the applicable City regulations if the application for said permit otherwise conforms to City regulations. I I B. Recommendations. The recommendations and fmdings of the Planning Commission, except as provided in Subsection 6.a., shall be advisory to the City Council which may I take such action on the recommendation as it deems proper. Ie I Subd. 7 Rules of Procedure. The Planning Commission shall prescribe its own rules of pro- cedure to the extent permissible under statute and to the extent that such rules are consistent I with this Code. I Subd. 8 Records. The Planning Commission shall provide a written record of its I proceedings, including the minutes of its meetings, findings and the action taken by the I commission on each matter referred to it or heard by it, including the final recommendation. I afu1l:: There were comments next to subd. 8 but they didn't seem to indicate any changes to be me made.) I it I 2 - 17 '1 City of Arden Hills Chapter 2 Administration Subd. 9 Hearings. Hearings shall be held by the Planning Commission in all matters where .- I public hearings are required by state law, or this Code; and hearings may be afforded to any interested parties on any other matter where the commission deems it appropriate. I I Subd. 10 Reports. The Planning Commission shall submit reports directly to the City I Council, which reports shall contain the fmdings, conclusions and recommendations of the commission as to action to be taken by the Council. In addition, the commission shaIl send I copies of its report on variances of the zoning ordinance to the board of appeals. I 220.05 Fire Department. Note: The comment here was to reference a joint powers agreement, I but that agreement was not provided. It also indicated city needed to discuss in more depth. .. Please remember this section was based on the League's model as city ordinances provided did I not address the fire department. Subd. 1 Continuation. There is continued in the City a volunteer fire department, which I department shall have the following officers: a chief, an assistant chief and a fire marshal. I Subd. 2 Appointment of Officers. The chief of the fue department shall be appointed I annuaIly by the Council. Members of the department may recommend to the Council a I nominee or nominees for appointment by submitting same in writing to the Council prior to February 1 of each year. The chief of the fue department shall appoint each year an assistant I chief and a fire marshal, subject to confirmation by the Council. The chief of the fire I department, the assistant chief and the fire marshal each shall hold office for one year and .. 2 - 18 I I City of Arden Hills Chapter 2 Administration I It until the successor has been duly appointed or qualified. The above named officer may be removed by the Council for cause and after a public hearing, Firefighters and probationary I firefighters shall be appointed by the members of the department, subject to confirmation by I the CounciL Firefighters shall continue as members of the department during good behavior and may be removed by the Council only for cause and after a public hearing. I I Subd. 3 Duties of Chief. The chief shall have control over all of the fire fighting apparatus I and shall be solely responsible for its care and condition. The chief shall make a report, semi-annually, to the Council at its meeting in March and September, as to the condition of I the equipment and needs of the fue department. The chief may submit additional reports and Ie recommendations at any meeting of the Council and shall report each suspension of a member of the fire department at the first meeting of the Council following each suspension, The I chief shall be responsible for the proper training and discipline of the members of the fire I department, and may suspend any member for refusal or neglect to obey orders pending final action by the Council on the discharge or retention. I I Subd. 4 Duties of Fire Marshal. The office of fue marshal may be held by the chief or by I the assistant chief, if the Council approves. The fire marshal shall be charged with the enforcement of all laws aimed at fire prevention. The marshal shall have full authority to I inspect all premises and to cause the removal or abatement of all fire hazards. I fI Subd. 5 Records. The chief shall keep in convenient form a complete record of all fires. I 2 - 19 ---- I City of Arden Hills Chapter 2 Administration I Such record shall include the time of the alarm, location of fue, cause of fue (if known), type .. of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm and such other information as I the chief may deem advisable or as may be required from time to time by the Council or state I department. I Subd. 6 Practice Drills. It shall be the duty of the chief, when the weather permits, to hold I a monthly practice drill of at least one hour's duration for the fue department and to give the I firefighters instruction in approved methods of fire fighting and fire prevention. I Subd. 7 Assistant Chief. In the absence or disability of the chief, the assistant chief shall ~ perform all the functions and exercise all of the authority of the chief. I Subd. 8 Firefighters. The chief, the assistant chief, the fire marshal and all firefighters and I probationary firefighters shall not be less than 18 nor more than 65 years of age and I able-bodied. They shall become members of the fire department only after a 12-month probationary period. The Council may require that each candidate, before becoming a I probationary fuefighter, must satisfy certain minimum qualifications which may be specified I by the Council; and that the candidate must pass a satisfactory physical examination. I Subd. 9 Loss of Membership. Firefighters absent from three consecutive drills or calls, I unless excused by the chief, shall forfeit membership in the department. .. 2 - 20 I I City of Arden Hills Chapter 2 Administration I. Subd. 10 Compensation. Compensation shall be established by the Council. I I Subd. 11 Present Members. Persons who have been members of the fire department for at I least one year at the time of the adoption of this Code section shall not be required to serve I a probationary period before receiving firefighter's rating. I Subd. 12 Interference with Department. It shall be unlawful for any person to give or I make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the chief at a fire, or to interfere with the fire I department in the discharge of its duties. Unlawful interference shall include the following .. of a fire truck when its siren and emergency lights are in operation, closer than 500 feet, by I persons not on official city business. I I Section 230 - Civil Defense' I ~: If the City is still providing this service and not the county, this section needs to remain I intact. Comments to subds. 4 and 5 indicate that the city may have forfeited this control to the county as committees have never been established. I 230.01 Policy and Purpose. Because of the existing and increasing possibility of the occurrence I of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or ~ 'State law reference-Minnesota Civil Defense Act, Minn. Stat. Ch. 12. I 2 - 21 '. City of Arden Hills Chapter 2 Administration I . other hostile action, or from fire, flood, earthquake or other natural causes, and in order to insure .e, that preparations of this City will be adequate to deal with such disasters, and generally, to I provide for the common defense and to protect the public peace, health, and safely, and to preserve the lives and property of the people of this City, it is hereby found and declared to be I necessary: I A. To establish a local civil defense agency; I I B. To provide for the exercise of necessary powers during civil defense emergencies; , C. To provide for the rendering of mutual aid between this City and other political .. subdivisions of this state and of other states with respect to the carrying out of civil defense I functions. I 230.02 Intergovernmental Coordination. All civil defense functions of this City shall be I coordinated to the maximum extent practicable with the comparable functions of the Federal Government, of this state, and of other states and localities, and of private agencies of every type, I to the end that the most effective preparations and use may be made of the nation's manpower, I resources and facilities for dealing with any disaster that may occur. I 230.03 Definitions. For the purposes of this Chapter, the following words and phrases shall have I the meanings respectively given to them: .. 2 - 22 I I' (::ity of Arden Hills Chapter 2 Administration I " Subd. 1 Civil Defense. "Civil Defense" shall mean the preparation for and the carrying out I of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters I caused by enemy attack, sabotage, or other enemy hostile action, or from fire, flood, 1 earthquake, or other natural causes. These functions include, without limitation, fire-fighting services, police services, medical and health services, rescue, engineering, air raid warning 1 services, communications, radiological, chemical and other special weapons defense, 1 evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary I restoration of public utility services, and other functions related to civilian protection, .. together with all other activities necessary or incidental to preparation for and carrying out 1 of the foregoing functions. I Subd. 2 Civil Defense Emergency. "Civil Defense Emergency" shall mean an emergency I declared by the governor under Minnesota Statutes, Section 12.31. 1 Subd. 3 Civil Defense Forces. "Civil Defense Forces" shall mean any personnel employed I by the City and any other volunteer or paid member of the local civil defense agency engaged I in carrying on civil defense functions in accordance with the provisions of this Chapter or any rule or order thereunder. I fI Subd. 4 Committee. "Committee" shall mean the civil defense advisory committee created I 2 - 23 -- --- '. City of Arden Hills Chapter 2 Administration I by this Chapter. .. Subd. 5 Director. "Director" shall mean the director of the civil defense agency of the City. . I 230.04 Governmental Function. All functions contained in this Chapter and all other activities I relating to civil defense are hereby declared to be governmental functions. I 230.05 Cooperation with Federal, State Authorities. Every officer and agency of the City shall I cooperate with federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent, consistent with the performance of their . other duties. The provisions of this Chapter and of all regulations made hereunder shall be subject .. to all applicable and controlling provisions of federal and state laws and of regulations and orders I issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict with such laws or regulations. I I 230.06 Special Police Officers. The mayor may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special police I officer of the City, with such police powers and duties within the City incident to the functions I of his or her position, not exceeding those of a regular police officer of the City, as may be I prescribed in the appointment. Every such special police officer shall be subject to the supervision and control of the chief of police and such other police officers of the City as the chief may I designate. .. 2 - 24 I I' City of Arden Hills Chapter 2 Administration 1 " 230.07 City's Liability. 1 Subd. 1 General. The City, and except in cases of willful misconduct, its officers, agent, I employees, or representatives engaged in any civil defense activities, while complying with I or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended (Minnesota Statutes, Sections 12.01 to 12.46) or with this Chapter or any rule, regulation or I order made hereunder, shall not be liable for the death of or any injury to persons, or damage I to property as a result of such activity. I Subd. 2 Benefits. The provisions of this Section shall not affect the right of any person to .. receive benefits to which he or she would otherwise be entitled under this Chapter or under I the workers' compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress to which it relates, I whichever occurs first. 1 230.08 Mutual Aid Agreements. The civil defense director shall develop proposed mutual aid 1 agreements with other political subdivisions within or outside the state for reciprocal civil defense I aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he or she I shall present such agreements to the Council for its action. Such arrangements shall be consistent with the state defense plan, and during a civil defense emergency, it shall be the duly of the civil I defense forces to render assistance in accordance with the provisions of such mutual aid fI arrangements. Any mutual aid arrangement with a political subdivision or another state shall be I 2 - 25 '. City of Arden Hills Chapter 2 Administration I subject to the approval of the governor. .. 230.09 Use of City Personnel, Services, etc. The civil defense director shall utilize the I personnel, services, equipment, supplies and facilities of existing departments and agencies of the I Cily to the maximum extent practicable. The officers and personnel of all such departments and I agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local civil defense agency and to the governor upon request. The head of each I department and agency, in cooperation with and under the direction of the director, shall be I responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his or her department or agency. I .. 230.10 Prohibited Illuminations. Any illumination within the City contrary to the provisions of this Chapter or any other provisions of this Code pertaining to civil defense or of any regulation I adopted thereunder or of any federal or state law, regulation, or order shall be deemed a public I nuisance. Any regular (or auxiliary) police officers (or air raid warden) may abate such nuisance . summarily or may take any other action necessary to enforce such provisions, including entry on private property and the use of whatever reasonable force is necessary. . I 230.11 Civil Defense Agency I Subd. 1 Civil Defense Agency Continued. There is hereby continued within the City I government a civil defense agency. (Created by Ord. No. 63, 1\3(1), 12-27-61) .. 2 - 26 I I City of Arden Hills Chapter 2 Administration I . " Subd. 2 General Supervision, The civil defense agency shall be under the supervision and control of the director of civil defense. I I Subd. 3 Functions Generally. The civil defense agency shall perform civil defense I functions within the Cily as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951, as amended, or this Chapter. I I Subd. 4 Organization. The civil defense agency shall be organized into such divisions and bureaus, consistent with state and local civil defense plans, as the director deems necessary I to provide for the efficient performance of local civil defense functions during a civil defense .. emergency. I Subd. 5 Participation in Labor Dispute, Politics. The civil defense agency shall not . participate in any form of political activity nor shall it be employed directly or indirectly for . political purposes, nor shall it be employed in a legitimate labor dispute. . Subd. 6 Director. I I A. Appointment. The director of civil defense shall be appointed by the mayor for an indefinite term. I fI B. Removal. The person appointed as director of civil defense may be removed from . 2 - 27 -.-------- I City of Arden Hills Chapter 2 Administration I office by the mayor at any time. .. C. Compensation, Expenses. The director of civil defense shall serve without salary, I but shall be paid all his or her necessary expenses. I D. General Responsibility. The director of civil defense shall have direct responsibility I for the organization, administration and operation of the civil defense agency, subject to I the direction and control of the mayor. I E. Representation of City on other Organizations. The director, with the consent of the I mayor, shall represent the City on any regional or state organization for civil defense. .. F. Execution of Governor's Orders, etc. The director shall carry out all orders, rules I and regulations issued by the governor with reference to civil defense. I G. Coordinate Activities. The director shall direct and coordinate the general operations I of all local civil defense forces during a civil defense emergency in conformily with . controlling regulations and instructions of state civil defense authorities. The heads of I departments and agencies shall be governed by the orders of the director. I H. Commandeer Services, Properly. During the first thirty (30) days of a civil defense I emergency, if the legislature is in session or the governor has coupled his or her .. 2 - 28 . I City of Arden Hills Chapter 2 Administration I . ,- declaration of the emergency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except . members of the federal or state military forces and officers of the state or any other I political subdivision, to perform services for civil defense purposes as he or she directs, I and he or she may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by I law. I 1. Annual Report. The director shall, as soon as possible after the end of each fiscal I year, prepare and present to the City Council for the information of the Council and the .. public, a comprehensive report of the activities of the civil defense agency during the I year. . J. Studies. The director shall make such studies and surveys of the manpower, I industries, resources, and facilities of the Cily as he or she deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil . defense emergency. I I K. Comprehensive Plan. The director shall prepare a comprehensive general plan for the civil defense of the City and shall present such plan to the Council for its approval. I When the Council has approved the plan by resolution, it shall be the duty of all ~ municipal agencies and all civil defense forces of the City to perform the duties and I 2 - 29 '. City of Arden Hills Chapter 2 Administration . functions assigned by the plan as approved. The plan may be modified in like manner -. from time to time. The director shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of I the federal government and the state and correlated with the civil defense plans of other I political subdivisions within the state. I L. Training. In accordance with the State and City Civil Defense Plan, the director I shall institute such training programs and public information programs and shall take all I other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation . of the City Civil Defense Plan in time of a civil defense emergency. He or she may, .. from time to time, conduct such practice air raid alerts or other civil defense exercises as he or she may deem necessary. I . M. Emergency Facilities. Consistent with the Civil Defense Plan, the director shall I provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of injured or I homeless persons. . N. Control Centers. Consistent with the Civil Defense Plan, the director shall provide . and equip at some suitable place in the City a control center and, if required by the state . Civil Defense Plan, an auxiliary control center to be used during a civil defense .. 2 - 30 I . I City of Arden Hills Chapter 2 Administration " emergency as headquarters for direction and coordination of civil defense forces. He or I she shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to I carry on civil defense activities during a civil defense emergency. He or she shall arrange I for the installation at the control center of necessary facilities for communication with and between heads of civil defense divisions, the stations and operating units of I municipal services and other agencies concerned with civil defense and for I communication with other communities and control centers, within the surrounding area I and with federal and state agencies concerned. Ie Subd. 7 Advisory Committee. I A. Civil Defense Advisory Committee Continued. There is hereby continued within the . City a civil defense agency to be called "the civil defense advisory committee." (Created I by Ord. No. 63, 1\ 3(2), 12-27-61) I B. Appointment, Term. Members of the committee shall be appointed by the mayor to I represent departments and other groups concerned with civil defense. Each member shall I hold office at the pleasure of the mayor. I C. Compensation. Each member of the advisory committee shall serve without fI compensation. I 2 - 31 --.---.- . City of Arden Hills Chapter 2 Administratio~ I D. Officers. The mayor shall be the chairperson of the committee, and the director shall .. serve as its secretary. I E. Advisory Body. The committee shall advise the director and the City Council on all I matters pertaining to civil defense. I Subd. 8 Volunteers. I I A. Recruitment. The civil defense director shall, in cooperation with existing Cily departments and agencies affected, organize, recruit, and train air raid wardens, auxiliary I police, auxiliary firefighters, emergency medical personnel, and other personnel that may .. be required on a volunteer basis to carry out the Civil Defense Plans of the Cily and the I state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for civil defense emergencies, they shall be assigned to such I departments or agencies as needed for the purposes of administration and command. The I director may dismiss any civil defense volunteer at any time and require him or her to surrender any equipment and identification furnished by the City. I I B. Loyalty. No person shall be employed or associated in any capacity in the civil defense agency who advocates or has advocated a change by force or violence in the I constitutional form of government in the United States, or who has been convicted of or I is under indictment or information charging any subversive act against the United States. .. 2 - 32 I .' City of Arden Hills Chapter 2 Administration I " Each person who is appointed to serve in the civil defense agency shall, before entering upon his or her duties, take an oath in writing before a person authorized to administer I oaths in this state, or before any officer of the state department of civil defense, the I director, or ground observer corps supervisor. The oath shall be substantially in the form I prescribed by Minnesota Statutes, Section 12.43. I C. When Subject to Call. Civil defense volunteers shall be called into service only in I case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate, or for necessary training and preparation for such emergencies. . Ie D. Compensation. All civil defense volunteers shall serve without compensation. I E. Insignia, Identification. Each civil defense volunteer shall be provided with such I suitable insignia or other identification as may be required by the director. Such I identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without his I or her identification. No person except an authorized volunteer shall use the identification I of a volunteer or otherwise represent himself or herself to be an authorized volunteer. I F. Use of Firearms. No civil defense volunteer shall carry any firearm while on duty I except on written order of the chief of the police department. fI I 2 - 33 I City of Arden Hills Chapter 2 Administration I G. Personnel Regulations Not Applicable. Personnel procedures of the City applicable .. to regular employees shall not apply to volunteer civil defense workers but shall apply to paid employees of the civil defense agency. I I Subd. 8 Emergency Regulations. I A. Promulgation Authorized. Whenever necessary to meet a civil defense emergency I or to prepare for such an emergency for which adequate regulations have not been I adopted by the governor or the City Council, the mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation, respecting: I Protection against air raids; the sounding of air raid alarms; the conduct of persons and ~ the use of property during alarms; the repair, maintenance, and safeguarding of essential public services; emergency health, fire, and safety regulations, trial drills or practice I periods required for preliminary training; and all other matters which are required to I protect public safety, health, and welfare in civil defense emergencies. No regulation I governing observation of enemy aircraft, air attack, alarms, or illumination during air attacks shall be adopted or take effect unless approved by the state director of civil . defense. I B. Issuance; When Effective. Every proclamation of emergency regulations shall be in . writing and signed by the mayor, shall be dated, shall refer to the particular civil defense I emergency to which it pertains, if so limited, and shall be filed in the office of the .. 2 - 34 I I' City of Arden Hills Chapter 2 Administration 1 " Administrator where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for 1 inspection at the clerk's office shall be conspicuously posted at the front of the City Hall 1 or other headquarters of the Cily and at such other places in the affected area as the I mayor shall designate in the proclamation. The regulation shall take effect immediately upon posting or at such later time as may be specified in the proclamation. By like I proclamation the mayor may modify or rescind any such regulation. I C. Expiration. The Council may rescind any emergency regulation by resolution at any . time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30) Ie days after its effective date or at the end of the civil defense emergency. I D. Conflict. Any provision of this Code or City ordinance, rule or regulation . inconsistent with an emergency regulation promulgated by the mayor shall be suspended I during the period of time and to the extent that such conflict exists. I E. Extraordinary Acts During Emergency. During a civil defense emergency the City I is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to I enter into contracts and to incur obligations necessary to combat such disaster by I protecting the health and safety of persons and property, and providing emergency .- assistance to the victims of such disaster. The City may exercise such powers in the light . 2 - 35 City of Arden Hills Chapter 2 Administration '. . of the exigencies of the disaster without compliance with time-consuming procedures and .. formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of I equipment, purchase of supplies and materials, limitations upon tax levies, and the I 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 I service laws and rules, provisions relating to low bids, and requirements for budgets. . ~: Section 240 was deleted in its entirety as city has elected to keep personnel policies . separate. I eI . . . I I I . .. 2 - 36 I , ." , ~. CITY OF ARDEN HILLS MEMORANDUM , DATE: October 24, 1996 , TO: Brian Fritsinger, City Administrator Terrance Post, City Accountant@ I FROM: SUBJECT: Certification of Delinquent Utilities I Request The City of Arden Hills has historically followed a policy of annually certifying delinquent . utility bills to following year property taxes as a means of collecting delinquent utility accounts instead of a water shutoff policy. Procedures for collections of delinquent accounts are I prescribed in Code of Ordinances Sections 28-58 (water), 28-129 (sanitary sewer), and 28-172 (surface water management). I Delinquency Status Staff has attempted to more actively manage delinquent accounts with only modest success. There appears to be a base of repeat customers who are certified year after year. Perhaps they . consider this special assessment as additional property taxes and incorrectly take the corresponding tax deduction on their personal tax returns. I Historical Certification Trend Data 1992 Payable in 1993 51 Accounts - $18,795.97 1993 Payable in 1994 58 Accounts - 19,366.00 . 1994 Payable in 1995 45 Accounts - 18,919.00 1995 Payable in 1996 44 Accounts - 19,977.74 Proposed 1996 Payable in 1997 37 Accounts - 16,862.32 I With the 1996 budgeted utility billed revenues of $2,071 ,600, the certification accounts represent I approximately 0.8% of this total and approximately 1.5% of the 2,530 total utility customer base. Recommendation I Council should consider adopting Resolution #96-64 under the Consent Calendar at the October 28, 1996 Regular Council meeting which "Adopts and Confirms Special Assessments for Delinquent Utilities." I ~ I -- --.- - I~ ~- CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA I RESOLUTION NO. 96-64 I RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES 1 WHEREAS, The amount to be specially assessed for DELINOUENT UTILITIES has been duly calculated in accordance with the provisions of the City Code and Minnesota I Statutes; and WHEREAS, Notices have been duly mailed as required by law; and I WHEREAS, Said proposed assessments have at all times since their filing been open for public inspections, and an opportunity has been given to all interested persons to present I objections, if any, to the proposed assessments; and WHEREAS, There were no oral or written objections received. 1 1. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels ofland described therein, and .. 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penally of I eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. 1 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County I Auditor a certified duplicate of the assessment roll to be extended upon the proper tax lists ofthe County, and the County Auditor shall collect said special assessments with taxes levied in 1996, payable in 1997. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF OCTOBER, 1996. 1 I DENNIS PROBST, MAYOR ATTEST: I " BRIAN FRITSINGER, CITY ADMINISTRATOR 1 --- --------------- .' ~I CITY OF ARDEN HILLS UTIUTY ACCOUNTS ANNUAL DELINQ UENT SPECIAL ASSESSMENTS .' CERTIFIED IN 1996 FOR TAXES PAYABLE IN 1997 I Icountl ~ Utility 8%Cert. Total Pin Number No. Name Service Address Arrears Penalty Certified * . 1. I 28 30 23-14 00J6 1 174 Ronald Kirchner 1669 Glenview Court 139,00 11.12 150,12 2. 33 30 23 42 0017 8 271 Herbert Tousley 3248 Sandeen Road I 592,70 47.42 640.12 3. 33-30-23-34-0020-9 320 Michael 1 ohnson 3223 Lake Johanna Blvd. 423,83 33,91 457.74 4, 34 30 23 21 0016 7 372 Sharon Davies 1437 Arden Place 413.68 33,10 446.78 . 5, 34-30-23-21-0046 -8 515 Fred Nixon 1369 Forest Lane 372.64 29.82 402.46 6. 34 30 23 42-0053-1 609 David J. Nellberaer 3330 Dllnlao Street No. 372.64 29.82 402.46 7. 33 30 23 24-0101 8 636 David & Mary Arboe 1923 Stowe Avenue 445,09 35.61 480.70 . 8, 33-30-23-24-0034-9 708 Carla Dunsmore 1906 Grant Road 399.53 31.97 431.50 9, 33 30 23 31 0041 5 713 Keith R. Palm 3243 Lake Johanna Blvd. 390.30 31.22 421.52 10. 28- 30-23-24-0018-3 742 Derek J. Hames i 1839 Venus Avenue 229,40 18,36 247,76 11. 33 30 23 11 0016-1 759 Gordon Newmann i 1622 Lake Johanna Blvd. 372.64 29,82 402,46 , 12. 33 30 23 31-0013-0 912 Rebecca Rae i 1926 Stowe Avenue 343,03 27.45 370,48 I 13. 33-3O-23-24-0CI'l9-3 937 LeoADlzer I 1916 West CountvRoadE 699,93 55,99 ' 755.921 14. 28 30 23 33 0011 4 1018 Terry K1in~berg : 1971 Thorn Drive 391.79 31.35 423, WI 15. 22 3O-23-22-COJ3-5 1052 Donald Molenaar 11550 West Hi.hwav 96 185.08 14,82 i 199.90 I I 16. 22 30 23 34 0051 7 1053 William & Pam Ross 14123 Norma Circle 728.40 58,28 , 786,68 'I 17, 28-30-23- 33-0013-0 1064 I Josenh Mauricio 12m7 Thorn Drive 582,15 46.571 628.72 I 18, 28 30 23 32 0013 3 1084 I JeffrevThomoson 13747 New Brhthton Road 475,06 38,00 513.06 II 19, 28-30-23-32-0004-9 1089 I Edward Lanp;ner I 3809 New Brighton Road 372.64 29,82 402,46 II I 20, 21 30 23 14 COO7-5 11112 I Thomas Ruppel 4375 Old Hi.hwav 10 250,60 20,06 270,661 21. 22 30 23 34 0018 0 11164 i Warren S. Stone 4163 Hamline Avenue No. 444.33 35.55' 479.8811 22. 28 30-23-33-0019-8 ' 1171 i Fred Thomas 2047 Thorn Drive 315.33 25.23 340.56 _ 23. 28 30 23 32 00J6 5 , 11S0 Glenn L.1ohnson 3803 New Brisr:hton Road 404.82 32.40 . 437.22 " 24. 34-30-23-41-0041-1 11448 Robert C. Witt 1194 Carlton Drive 490.86 39.28 530.1411' 25. 34 30 23 14 0029 5 ! 1618 I Gary Alfred ,I 1139 Hunters Court 515.57 41.25 556.82 1 26. 34 30 23 14 0043 1 : 1677 Matthew Reicher 1176 Benton Way 488.34 39,08 527.4211 I 27. 33 30 23 32 0003 0 : 1723 Judie A.Pravfrock 1950 Stowe Avenue 372.64 29.82 402.46 I 28. 33 30 23 33 0034 1 1733 Robert Morrissette 2028 Edp;ewater Avenue 522.14 41.78 563.92 29. 28 30 23 41 0027-4 1749 Robert Sundauist 1580 Chatham Avenue 519.72 41.58 561.30 30. 22 30 23 11 0060-2 1787 nllie Cato 4534 Pleasant Drive 221.39 17.71 239.10 . 31. 33 30 23-24-COJI-9 1830 Marv M. Trites 1850 Indian Place 441.71 35.35 477.06 32. 22 30 23 11 0071-2 1980 Clayton & Anita Larson 1173 Karlh Lake Drive 477.28 38.18 515.46 33. 28 30 23-43-0015-5 I 2041 Sesha C. Kornanduri 1749 Chatham Avenue 463.94 37.12 501.06 34. I 22 30 23 42 0032 1 2164 Karl E. Oelker 1286 Wyncrest Lane 541.54 4332 584.86 I 35. 1 34-30-23-44-0019-5 2267 Anthony Rice 3155 Lexin~ton Avenue No. 398.87 31.91 430.78 36. I 33 30 23 32 0033-1 2284 John Knutson 3332 Katie Lane 518.97 41.53 560.50 37. I 22 30 23 32 0032 2 2343 Clavton Tanner 1537 Briarknoll Drive 295.50 23.64 319.14 I I Grand Total 1 15,613.081 1,249.241 16,862.321 . I . ROUNDED TO NEAREST EVEN CE.'lT CERTIFY J I .. , -. I I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: October 24, 1996 I TO: Brian Fritsinger, City Administrator \ ~ vJ 1 FROM: Cindy S. Walsh, Parks and Recreation Director t5 SUBJECT: Department Report I Parks and Recreation Committee Update I The Parks and Recreation Committee met on October 22. They discussed the 1997 budgeted plays structure at Hazelnut Park, specifically how to get feedback from the residents who would use the structure. They decided to invite the abutting neighborhoods to a meeting on January 28 I to allow the residents to give input into what they would like to see included in the play structure. The committee also reviewed the requests from residents on Jerrold Avenue and Edgewater I A venue to upgrade the access points from their neighborhood to the Hazelnut trail. The City has a 10 foot pedestrian easement at the end of the cuI-de sacs at Jerrold and Edgewater A venues. Two residents have expressed concern to me and committee members that these Ie pedestrian access points are grass areas that are difficult for the users who are handicapped or using strollers. Since the requests have only been made by two individuals, it was difficult for 1 the committee ascertain how many residents would benefit or be in favor of upgrading these areas to a bituminous path. The committee decided to invite these people to the January 28 meeting to discuss not only the play structure, but also the access paths since all are I improvements to the Hazelnut Park area. The committee also passed a motion to recommend to the City Council to accept the pedestrian I access path from Katie Lane to the Hazelnut trail if Barry O'Meara wishes to turn the current Outlot over to the City. 1fthe land transfer occurs before the resident meeting on January 28, the committee will also address upgrading this access area with any residents from the Katie Court I and Katie Lane area who are in attendance. At their previous committee meeting in September, the committee walked the new trail. I Although there were several items that had not been completed, they were pleased with the progress overall. I Trail Construction Update The 1996 trail construction is nearly complete. All segments have been paved and are being I heavily used. The contractor has sodding and wood fiber blanket restoration work to finish before the end of October. 1 will not recommend another payment until this work has been completed. I anticipate that a recommendation for final payment will be on the Council agenda fI in November. The Park Maintenance staffwill be cleaning up the trees and brush along the trail. I 1 Two residents have requested that the City plant landscape along the trail. 1 have told them that I the City does not plan to add additional landscape, but the residents themselves can plant trees or shrubs as a buffer to their property should they choose to do so. 1 asked that the City be able to -- see the plan for landscaping in areas with the City's easement and that planting does not occur within close proximity to the trail. In the event that there is maintenance required on the trail, we do not want to disrupt their plantings. I I I I I I ~ I I I I 1 I I .. I i I ~- CITY OF ARDEN HILLS MEMORANDUM I DATE: October 25, 1996 I TO: Brian Fritsinger, City Administrator I FROM: Dwayne Stafford, Public Works Superintendent V.~. SUBJECT: Monthly Dept. Head Report I PW/PS Committee: The Public Works/Public Safety Committee has elected to meet every other month and did I not meet in October. Members were invited to attend a tour of the Arden Hill south tower, booster station and an underground lift station. The tour was given, however only 1 committee member attended. I PW Department I The PW Dept did one final street sweep of the worst areas this past month and put the sweeper away for the winter along with the majority of the summer equipment. Plows were taken out of storage and trucks are being readied for winter. .. The flushing of the water system was completed during the 1st two weeks of October and went well. The cily purchased 24 hydrant markers and the maintenance men are installing them on hard I to spot hydrants and those hydrants on the portion of Hamline Avenue where County plows, unfamiliar with the area, will take over snow removal. Three broken off hydrants have been identified and one has been repaired. I Flushing of known trouble areas in the sanitary sewer system is being done as time permits. The new City Plow Truck is expected in next month however it may be February before Box and Plow equipment are built and installed. The dept. expects to rearrange the plow routes at this I time to put thc big rigs on the main streets and the smaller trucks on the side streets. Currently each truck is assigned an area verses a route. I 1996 Street Improvements As of 10-24-96 it appears that the 1996 street work is substantially finished. All that 1 remained was some black dirt and sodwork and reinstall the mail boxes and those items are being completed this week. The PW Dept. feels the cily got a better job this year \vith less problems, however the Public I Works Superintendent has asked the city engineer if we can put more teeth into the completion date to insure contractors remain on the job. I 1997 Street Improvements The City Engineer met with staff this week and is nearing completion on the 1997 Street " Improvement feasibility study. Council can expect to see a resolution supporting this study and a resolution asking for a public hearing on the 1997 Street Improvement Plan at its Nov. 12th meeting. I I ~e CITY OF ARDEN HILLS MEMORANDUM I I DATE: October 25, 1996 TO: Brian Fritsinger, Cily Administrator I FROM: Terrance Post, City Accountant@) I SUBJECT: Finance Department Monthly Report I Current Month Activities . Third Quarter utility billings mailed October 17, 1996. Due to high consumption situations, an extraordinary number of customer follow-up inquiries are required I . Investigation with Public Works Superintendent Stafford concerning both sanitary sewer SKADA system and water utility commercial/industrial and residential water meter I replacement capital replacement issues. . Incorporate updated State Fire Relief Aid and revised 1997 Ramsey County Sheriff contract costs into 1997 budget. .. Quarterly Activities . Prepare presentation materials for Truth in Taxation Public Hearings. I . Get 1997 Budget Document draft to publishable stage. . Assist City Administrator in review of City Hall Facility options and financing of same. I I I I I 1 " I -----------..-