HomeMy WebLinkAboutCCP 02-10-1997
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I REVISED
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AGENDA
ARDEN HILLS CITY COUNCIL MEETING - NEW BRIGHTON COUNCIL CHAMBERS
I MONDAY, FEBRUARY 10, 1997,7:30 P.M.
NOTE
I CLOSED EXECUTIVE SESSION AT 7:00 P.M.
TO DISCUSS PENDING LITIGATION
I
7:30 P.M. 1. Call to OrderlRoll Call
I 7:30 P.M. 2. Approval of Meeting Agenda
I 7:30 P,M. 3. Approval of Minutes
a, January 27,1997 Regular Meeting
I 7:30 P.M, 4. Consent Calendar
Those items listed under the Consent Calendar are considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar fannat. There will be no separate discussion of these items,
Ie unless a Council member so requests, in which event, the item will be removed from the general order of
business and considered separately in its normal sequence on the agenda.
I a. Claims and Payroll
b. Approval of Operating Transfers for 1996
I 7:35 P.M. 5. Public Comments
This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda In
addressing the Council, please state your name and address for the record, and a brief summmy of the specific
item being addressed to the Council. To allow adequate time for each person wishing to address the Council,
I we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the
Council prior to the meeting. or as bench copies, to allow a more timely presentation.
I 7:40 P.M, 6. Unfmished and New Business
a. Planning Case #97-02, Dan Ogren, County Road E-2 & Old Hwy. 10,
PUD Amendment
I b, Planning Case #97-03, Cardiac Pacemakers, Inc., 4100 Hamline Avenue,
PUD Amendment
c. Highway 96
I I. Lexington Avenue Intersection Plans/Cost Participation
2. Signal Agreement
3. Alignment of Roadway
I d. Chapter 3 Municipal Code Review
e. Ramsey County GIS Users Group, Joint Powers Agreement
t' f. Committee Appointments
g. Cable TV Fund No, 228 Capital Expenditure Request
I (continued)
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AGENDA - PAGE TWO I
ARDEN HILLS CITY COUNCIL MEETING ..
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, FEBRUARY 10, 1997, 7:30 P.M. I
9:00 P.M. 7. Administrator Comments
9;10P,M. 8. Council Comments I
9;20 P.M. 9. Adjourn I
The above time may vary depending upon length of issue discussion.
I
ITEMS PENDING OR UNDER STUDY FOR FURTIlER COUNCIL CONSIDERATION I
DEPARTMENT ANTICIPATED I
rmM RESPONSmIUTY AGENDA DATE
1. Order Assessment Hearing, Administration 2/24/97 "
1997 Street Improvements
2, Assessment Hearing, Administration 3/31197
1997 Street Improvements I
Februarv Meetings March Meetiol!s .
February 5 Planning Commission 7:30 P.M. March 5 Planning Commission 7:30 P.M. I
February 10 Council Meeting 7:30 P.M. March 10 Council Meeting 7:30 P.M.
February 18 Council Worksession CANCEL March 17 Conncil Worksession 4:45 P.M. .
February 19 Business Relations 8:00 A.M. March 19 Business Relations 8:00 A.M.
Committee Committee I
February 20 Finance Committee 7:30 P.M. March 20 Finance Committee 7:30 P.M.
February 24 Council Meeting 7:30 P.M. March 20 Public Safety 7:30 P.M. I
Commission
February 25 Parks & Recreation 7:00 P.M.
Commission March 25 Parks & Recreation 7:00 P.M. I
Commission
February 26 Newsletter Committee 6:00 P.M.
March 26 Newsletter Committee 6:00 P.M. ..
March 31 Council Meeting 7:30 P.M.
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I CITY OF ARDEN HILLS
f'
MEMORANDUM
I DATE: February 10, 1997
TO: Brian Fritsinger, City Administrator
I FROM: Terrance Post, City Accountant @)
I SUBJECT: Cable TV Fund No. 228 Capital Expenditure Request
I Back!!round
During fourth quarter 1996, the City purchased a stand alone PC workstation. The intent was for
this system to be Internet accessed to facilitate the exchange of GIS information between various
I public agencies. The decision was made to utilize the superior transmission qualities of Cable
Commission coaxial cable rather than the installation of a new high speed phoue company line.
I Recent Cable Commission Actions
Cable Commission staff recommended to commissioners that the North Suburban Cable
Commission (NSCC) use its reserve funds to purchase hardware (a modem and router set) for
Ie three communities (Arden Hills, Lauderdale and Roseville) that had expressed an interest in
utilizing the Institutional Network (I-Net) for data transmission purposes. The communities
would then repay the NSCC in the form of a loan agreement. However, at the most recent NSCC
. board meeting, action was tabled on this member equipment loan agenda item.
Recommendation
I In order to reduce further delays and operate the new PC workstation as intended, staff
recommends that Council consider authorizing staff to purchase $3,684.90 in cable
I telecommunications hardware from AmeriData, per State of Minnesota contract prices, for a
Zenith Data Controller modem ($970.00); a Cisco Router with software $2,490.00); and related
sales tax ($224.90).
I This action would result in an unbudgeted 1997 capital expenditure of the Cable TV Fund (No.
228).
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NSCC / Purchase Requisition o Need P,O, --> 0 Faxed 0 Mailed I
NSAC
o Need Check Mailed wI Requisition ~
950 Wood hill Drive o Need Check wI Signed Requisition
Roseville, MN 551I3 o Need Signed Requisition
o Need Requisition Faxed
o Copy of Req, w/P.O.# to requester I
Vendor: AmeriData Requested by: Pat Cook
S21Ic'PCl':SUI1: John Nelson /otJlA... s,I'!No..Jl Z~O -'152,/ Date Submitted 1/13/97 I
Vendor account # Purchase Order #
Address: 10200 51 st Avenue N orlh Phone #: Work 290-4307 I
Fax
City: Mi.nneapolis State: MN
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Zip: 55442 I
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Commen Is: l-rful~-j~'ln~:'~~~rp,m~O!Krf~~#ii~~~g,{fJ6il~@1~~~(!~gi~~n~[~1(fli~pJII~ftl!($)1~~1
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J Total NC # $ I
Total NC # $
Supervisor Date Total NC # $ I
Total NC # $
Approved: Executive Director Dale Total To Be Purchased $10,380,00 I
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I CITY OF ARDEN HILLS
1450 WEST HIGHWAY 96
.- ARDEN HILLS, MN 55112-5794
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. CITY OF ARDEN HILLS
,. MEMORANDUM
DATE: February 7, 1997
I TO: Mayor and City Council
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FROM: Bnan Fntsmger, City Admmlstrato@
I SUBJECT: Administrator Comments for the February 10, 1997 Council Meeting
I NOTE
CLOSED EXECUTIVE SESSION
7:00 P.M.
I TO DISCUSS PENDING LITIGATION
I 1. ApnrovalofMinutes
The Council is asked to approve the Minutes ofthe January 27,1997 Regular Council
Ie meeting.
2. Consent Calendar
I a. Claims and Pavroll
The Council is asked to approve claims in the amount of$175,703.16, and payroll
for the period most recently ended. The Council should note payment to Met
I Council Environmental Services for February sewer charges of$48,322;
$28,768.50 to Arden Hills Development Corporation (Cottage Villas) for 1996
TIF; $16,967 to LMCIT for 1997 premiums; and $49,309 to Ramsey Couuty for
I February Law Enforcement.
b. Approval of Operating Transfers for 1996
I The Couucil is asked to approve fund transfers for the year ended December 31,
1997. City Accountant Post has outlined a variety of transfers to be considered by
I the City Council.
3. Unfinished and New Business
I a. Planning Case #97-02. Dan Ogrcn. Countv Road E-2 & Old Hwy. 10. PUD
Amendment
The Planning Commission recommended approval of the requested PUD
I Amendment for Dan Ogren. The minutes of the February 5, 1997 Planning
Commission meeting are not included in the packet as the Recording Secretary
,. had not yet completed them. Staff will provide a copy of the minutes at
Monday's meeting.
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Administrator Comments for the February 10, 1997 City Council Meeting I
Page Two ..
February 7,1997
b. Planning Casc #97-03. Cardiac Pacemakers. Inc.. 4100 Hamline Avenue.
pun Amendment .
The Planning Commission recommended approval of the requested PUD
Amendment for CPI/Guidant.
c, Highway 96 I
1. Lexington Avenue Intersection Plans/Cost Particination
The City Council is asked to approve the cost participation in the I
Lexington Avenue intersection improvement which is part of the
Shoreview segment of the Highway 96 reconstructiou project. The cost is
estimated at $19,544 for storm sewer, and $5,000 for the EVP system. I
2. Signal Agreement
The City Council is asked to approve the traffic signal agreement for the I
future repair and maintenance of the signals at Lexington and Highway 96.
3. Alignment of Roadway I
Ramsey County has prepared revised plans for the alignment of Highway
96 in the area of Round Lake and Arden Manor. The revised alignment "
has moved the trail to the south side of the road. However, with the
required R-O- W, there still is au expected impact on the homeowners
along Highway 96. The County does not feel that any encroachment into I
Round Lake is possible. The County is asking the Council to approve the
proposed alignment so plan preparation can begin.
d. Chapter 3 Municipal Code Review I
The City Council is asked to provide comments or questions on Chapter 3, Arden
Hills City Code. I
e. Ramsey County GIS Users Group Joint Powers Agreement
The City Council is asked to participate in the Ramsey County GIS Users Group I
by executing the proposed Joint Powers Agreement. The purpose of joining this
group is to have access to the base line data required to operate a GIS system. I I
expect staff to approach the City Council at a future meeting with a
recommendation regarding the purchase of equipment and other services related
to an Arden Hills GIS system. I
f. Committee Appointments
The City Council is asked to approve the recommendations of Mayor Probst for I
appointments to the various committees/commissions for 1997. The City Council
is also asked to clarify several related issues. ..
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I' DRAFT
MINUTES
I CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
" JANUARY 27,1997
7:30 P.M, - NEW BRIGHTON COUNCIL CHAMBERS
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 7:30 p.m.
Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks,
I Susan Keim, and Paul Malone.
Absent: None.
I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post;
Community Development Director, Keviu Ringwald; Public Works Superintendent,
I Dwayne Stafford; Parks & Recreation Director, Cindy Walsh; Administrative Secretary,
Sheila Stowell; and Recording Secretary, Cindy Schneider.
Ie ADOPT AGENDA
I MOTION: Aplikowski moved and Keirn seconded a motion to adopt the agenda for the
January 27,1997, Regular City Council meeting as presented. The motion carried
unanimously (5-0).
I APPROVAL OF MINUTES
I A. January 13, 1997, Regular Council Meeting
Brian Fritsinger, City Administrator, requested the following correction on Page 10, fourth
I paragraph: "Ramsey County Board Meeting" should read "Northwest Youth and Family
Services"
. Councilmember Malone requested the following correction on Page 6, last sentence of third
paragraph: "...re~arding the possibilitv ofMASC accruinll' costs to this oroiect.
1 Mayor Probst requested the following revisions on Page 2, third paragraph under Public
Comments: "Mavor Probst responded that he appreciated the research. He indicated his
I Q.llestion was based on the fact that this was not a rezoning case, and clearly there is an issue with
the cousistency of the maps between the land use. comprehensive plan. and the zoning ordinance.
tt but the point he was respondinll' to was that there was not a rezoning involved in the exercise. it
was a PUD."
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 2
Page 7, eleventh paragraph: "Mavor Probst inquired how the chanl/'es from five $500.000 shares. I
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with Mighty Ducks bein2: one of the five. would affect the overall project bonding requirements.
Mr. Fritsin!l'er stated he would clarify this for the Council at the January 27. 1997 meetin2:."
B. January 21,1997, Council Worksession Meeting I
No changes.
MOTION: Malone moved and Keim seconded a motion to approve the January 13, 1997, I
Regular Council Meeting minutes as corrected and the January 21,1997, Council
Worksession Meeting minutes as presented. The motion carried unanimously (5-0). I
CONSENT CALENDAR
A. Claims and Payroll I
B. 1-35W Corridor Coalition, Revised Joint Powers Agreement I
C. Receive 1996 Treasurer's Report
MOTION: Hicks moved and Malone seconded a motion to approve the Consent Calendar as I
submitted and authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0).
PUBLIC COMMENTS "
Mayor Probst invited the audience to address the Council on any issue not already on the agenda. I
Tom Steele, 3570 Ridgeview Road, Arden Hills, expressed his approval of the recent Town
Hall Meeting, but felt there should have been a discussiou included of what the citizens of Arden I
Hills expect from their government. He also expressed concern with the Quad Ice Arena
Agreement, stating he felt that too few people would benefit compared to the cost iuvolved, and I
that the City government should concern itself more with basic services such as police and fire
protection, and utility issues.
Roger Aiken, 4360 N. Hamline Avenue, Arden Hills, also brought up the subject of the Quad I
Ice Arena Agreement, stating he also felt the interests of a select few were being served by this
project. He stated the City was setting a precedent in being involved in this project. He I
expressed concern that a public entity was involved to such a large extent in a private business,
and also stated he feels MASC controls too much ofthe arena. He inquired regarding the
financing of this project, and Mayor Probst explained the financing terms. I
Mr. Aiken also expressed concern regarding the City Code that defines a fast food restaurant. He
stated he was present at the January 8, 1997, Planning Commission meeting, where this subject I
was discussed at length. He feels the curreut defiuition offast food is overly lengthy, confusing,
and vague in a number of areas. ..
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ARDEN HII"LS CITY COUNCn, - JANUARY 27. 1997 3
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" There were no further public comments.
UNFINISHED AND NEW BUSINESS
I A, Adopt Resolution #97-06, Approving and Plans and Specifications and Ordering the
Advcrtising for Bids, In the Matter of Street Improvements of 1997
I Greg Stonehouse, MSA Cousulting Engineers, gave a report updating the_status of the street
improvements of 1997. He stated there are two alternatives for the turn-around at the end of
I Hamline A venue, and that Option #2 will be sent out for bid. Either option would require a 30-
foot right-of-way from the resident at the end of the street. He also reported that problems could
be encountered with any utilities located on the west side of the street. He noted Staff intends to
I investigate acquiring easements. Mr. Stonehouse advised Staff recommends approval of the
plans and specificatious and authorizing the advertisement for bids.
I Mayor Probst inquired if the preference would be for a cul-de-sac at the turn-around. Mr.
Stonehouse agreed this was the preference.
I Mayor Probst inquired if there has been contact with the residents in regard to the easement
issue. Mr. Stonehouse indicated there has not been,
Ie Mayor Probst inquired regarding the problem with the sewer odor, and where the sewer
improvement was planned. Mr. Stonehouse explained the last sanitary sewer manhole would be
I replaced and realigned so it flows better which should eliminate the odor problem.
Mayor Probst inquired regarding the nature of discussions with residents. Mr. Stonehouse
I indicated the greatest concern was drainage, followed by conservation of trees.
Mayor Probst inquired ifHamline Avenue is the only alternate. Mr. Stonehouse replied both
I Hamline and Snelling A venues were being considered as alternates.
Councilmember Hicks inquired regarding the proposed width of Snelling Avenue. Mr.
I Stonehouse reported it to be approximately 26 feet.
Councilmember Hicks inquired if the east side could be moved instead of the west side, in order
I to conserve the many trees located in that area. Mr. Stonehouse reported most of the widening
would be on the west side, and the affected trees could be transplanted.
I Councilmember Hicks inquired if the manhole reconstruction on Hamline A venue could be
completed independent of this plan. He feels this should be done regardless if the rest of the
I project is completed.
Mr. Stonehouse replied that the manhole reconstruction could be done independent of the street
i' improvement project.
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ARDEN HILLS CITY COUNCIL - JANUARY 27.1997 4
Councilmember Malone inquired regarding replacement of driveway curbing on Colleen Circle. .
Mr. Stonehouse replied this issue should be taken up between the residents of the street and the ..
contractor.
Councilmember Aplikowski inquired if a decision has been made regarding the different type of I
sealcoating. Mr. Stonehouse replied the portion of Snelling A venue south of Highway 96 has
been chosen. He further stated this is a heavier traveled road, so the project will be more
expensive, but would provide a good test of the durability of the different.material. I
MOTION: Hicks moved and Keirn seconded a motion to adopt Resolution #97-06,
Approving the Plans and Specifications and Authorizing the Advertisement for I
Bids in the Matter of Street Improvements of 1997.
Kim Sawtell, 3637 Ham\ine Avenue, came forward to address the Council. She stated her I
concern with traffic at the south end of Hamline A venue at County Road E. She explained there
have been many more accidents and near-accidents at this intersection since the reconstruction of I
the turn lanes. The different agencies involved in this intersectiou (Arden Hills, Ramsey County,
State of Minnesota) do not appear to be working together to find a solution for this problem. She
asserted it is only a matter oftime before someone is seriously injured or killed at this I
intersection.
Councilmember Aplikowski inquired what could be done in this intersectiou to improve it. Ms. ~
Sawtell replied she would like to see the lane striping back to how it was before. The new
striping is causing traffic congestion in this area that did not exist before. She does not feel there
is enough room allowed for a car to go around someone making a left turn on to North Snelliug I
from County Road E.
Mr. Stonehouse stated he has spoken to Ramsey County regarding this intersection, and would I
like to commission a study regarding the accideut rate before and after the changes. He stated at
this time, Ramsey Couuty is uot interested in making any changes to the project.
Ms. Sawtell allowed that the changes that were made are better for the residents east of Highway I
96, but worse for her area. I
Councilmember Malone commented if the road were to be moved to the west and a standard
intersection installed, it would require the City to acquire two houses, and stated he felt the cost I
would be prohibitive.
The motion carried unanimously (5-0). I
B. Planning Case #96-27, Arden Hills Texaco/Quizno's, 1306 West County Road E,
SUP Amendment/Variance I
Kevin Ringwald, Community Development Director, gave a brief overview of Planning ..
Commission #96-27. He stated the petitioner is requesting approval of an amendment to a
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ARDEN HILLS CITY COUNCIL - JANUARY 27, 1997 5
I Special Use Permit (SUP) and variance to locate a fast food operation (Quizno's Oven Baked
~ Sandwich Shop) within the Arden Hills Texaco at 1306 County Road E (Exhibit A). The SUP
amendment would allow the applicant to construct a new doorway on the west side of the
existing building with a 4' x II' sign above that doorway, The applicant is also requesting
I providing patio seating on the west side of the building. This variance would allow the
establishment ofa principal (multi-operation) fast food use (Quizno's) within 1,320 feet of
another fast food use (McDonald's) at 1313 County Road E.
I Mr. Ringwald noted the Planning Commissiou recommends denial of the SUP amendmeut aud
I variance, and recommends that the landscaping previously required in the last SUP (PC #94-25)
be installed no later than May 31, 1997. He further stated the Planning Commission
recommends allowing Quizno's to operate as an accessory use to the convenience store. The
I Quizno's would be limited to the space (Exhibit A, page 5 of 8), signage (Exhibit A, page 7 of8)
and store access (Exhibit A, page 5 of 8) which currently exists.
I Mr. Ringwald further noted the applicant has agreed to the recommendations of the Planniug
Commissiou in regards to PC #94-25, and will plant the additional landscape material this spring.
I Councilmember Aplikowski inquired regarding the size of the suggested addition. Mr. Ringwald
stated it was mostly modifications, those being changes in the signage, the window and door
being added to the west side of the building, and a small patio adjacent to the west side of the
.. building.
CounciJmember Aplikowski asked for c1arificatiou that the Planning Commission had denied
I this request. Mr. Ringwald stated that was the case. Mr. Ringwald further stated that, according
to the Planning Commission's recommendations, the applicant could use only the existing
I signage, could make use of only the pre-existing deli area, and could not add a patio on the west
side of the building. Mr. Ringwald stated it was the desire of the staff to clarify for the
applicants what could and could not be allowed in this matter.
I Councilmember Malone inquired if the repair facility was considered another separate business.
Mr. Ringwald stated that this was the case, and easements were in place to that effect.
I Councilmember Malone indicated he does not remember the deli being approved in the plans as
they were submitted in 1994. Mr. Ringwald stated he was uot with the City at that time, but that
I the Planning files and the minutes do not reflect that a deli was discussed or approved.
Councilmember Aplikowski inquired that if a door were to be placed on the west side of the
I building, what would happen to the existing parking spaces. Mr. Ringwald stated the parking
would stay the same as it is now. He further stated the Planning Commission felt that the
addition of a door and a patio would make the deli closer to a principal use.
I Councilmember Aplikowski expressed concern that the plans showed the window being placed
,. very close to the oven. She further inquired regarding the necessity of a door on the west side of
the building.
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 6
Doug Kruse, applicant, and Quizno's franchise holder, came forward at this time. He gave a .
brief background of Quizno's, and a description of their product. He gave his reasons for ..
wanting to place a Quizno's in the Arden Hills Texaco, being that a working deli was already in
place in this business, and his desire to enter the Arden Hills area. He stated the patio was not a
major addition, but rather a small area that would hold two tables and four chairs. He stated the .
door and window were mainly for security reasons, and for customer convenience. He stated that
he and his co-applicant, Ted Brausen, owner of Arden Hills Texaco, were unsure of what was
ultimately decided at the Planning Commission, and inquired if a SUP amendment was needed in I
this case, or if they needed to merely apply for a building permit. He further stated in response to
Councilmember Aplikowski's question regarding the windows, that the vent hood could be
relocated farther from the window if the need arose. I
Ted Brausen, 1306 West County Road E, owner of the Arden Hills Texaco, came forward to
explain that the vent hood was rarely used in the existing deli, and does not foresee a problem I
with it. He stated that although the inside of the building was uot discussed at length in 1994,
there was a request for signage stating "Deli" that was made and approved at that time.
Councilmember Hicks requested clarification of the signage in Exhibit A, page 3 of 8, inquiring I
if this was to be a larger size than what exists now. Mr. Brausen indicated the size of the sign I
would remain the same. Councilmember Hicks requested if the signage on the diamond, also
Exhibit A, page 3 of 8, would state "Deli". Mr. Brausen indicated that was correct.
Councilmember Hicks inquired if the signage ou the west elevation (Exhibit A, page 4 of 8) ..
would remain the same. Again, Mr. Brausen indicated that it would. Councilmember Hicks
inquired regarding Exhibit A, page 7 of 8, if the signage would be a picture of a sub, or merely
the name of the deli. Mr. Brausen indicated it would be the name of the deli. I
Councilmember Hicks requested Mr. Kruse's opinion regarding additional customer base with
the addition of this business. Mr. Kruse stated he expects some additional customers for the deli I
ouly, but he anticipates most customers will be from the service station/convenience store.
Mr. Kruse stated the west elevation signage was negotiable, that he ouly wants signage I
somewhere on the west side of the building with the Quizno's logo. He stated it could also go in
the proposed window, if it were to be approved. I
Councilmember Keirn asked what the square footage of the deli measured in relation to the eutire
store. Mr. Ringwald stated the deli was approximately 170 square feet. Mr. Brausen stated he I
believes the square footage of the store to be approximately 2,060 square feet.
Councilmember Keim indicated perhaps the square footage would have a bearing on ancillary or .
primary use. Mr. Ringwald stated this was one factor involved.
Mayor Probst indicated he has some concerns with the parking at this location and feels there is a I
lot of activity at this site already. He stated he agrees with the Planning Commission
recommendations, but is concerned with the additional use on this site. ..
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ARDEN HILLS CITY COUNCIL - JANUARY 27, 1997 7
I
f' Councilmember Aplikowski inquired if the revenue generated by the deli as compared to the
service station aspect would have any bearing on ancillary versus primary use. Mr. Brausen
indicated it was not possible for the deli to produce more revenue than gasoline sales. Me.
Brausen also stated in auswer to Mayor Probst's concern regarding parking, that he has fifteen
I parking spaces behind the building that he currently does not use, and he does not feel parking is
a problem in his establishment.
I Councilmember Aplikowski inquired if the door was a necessity. She stated the patio would
have a very limited use throughout the year. She was inclined to allow a window, but no door,
. and reduce the size of the sign on the west elevatiou.
Couucilmember Malone stated he does not believe revenue generated from one part of the
I business or another is the issue at hand. He stated the issue for him was the additional traffic and
crowding. He believes the addition of a door and a patio would tend to make the deli more of a
principal use.
I Councilmember Malone inquired if the changed signage still has to comply with City codes. Mr.
Ringwald stated that was the case. Me. Ringwald clarified the City sign ordinance states the
I signage may not cover over 10% of the facade of both sides. He referred to Exhibit 3, in which,
although two signs are shown, does not cover more than 10% of the total area.
Ie Councilmember Malone inquired if the window would indeed be a building permit issue. Me.
Ringwald stated that adding a window would be subject to acquiring a building permit.
I Councilmember Malone commented the accessory use could be accomplished jfthe door and
patio were not added.
I Mr. Brausen stated the handicapped parking spot on the west side would not need to be moved to
add the proposed patio. He further stated the Planning Commission was too vague so he aud Me.
I Kruse are requesting clarification at this meeting.
Mayor Probst stated he understands the Planning Commission recommendation is for the deli to
I be permitted, but they were opposed to the patio. He stated as long as the door and patio are
excluded, he has no other concerns with this request. His concerns are mainly with the addition
of the door and the removal of the handicapped parking spot. He also stated with the addition of
I the door and patio, the deli starts to become a primary use,
I Mr. Kruse stated as he understood it, the Planning Commission is permitting the deli to be placed
in this business. He stated he understands the window is a building permit issue, and the
signage is a code issue, He stated that although the patio would be a nice addition, it is not
I necessary and he would still like to place the deli in the Arden Hills Texaco.
Councilmember Malone stated that although the City Council is trying to be flexible towards this
.. business, he feels the food use is already a "stretch", and this is as far as he is willing to
compromise on this matter.
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 8
Mr. Kruse and Mr. Brausen requested a final clarification of what additious and changes would I
and would not be allowed. ..
Councilmember Hicks asked how much ofthe proposed construction would ueed to be approved
under a SUP and what would come under the authority of a building permit. Mr. Ringwald I
clarified that a window alone would be subject to a building permit, but the window and door
combiuation would require a site plan or SUP amendment.
Couucilmember Hicks asked for clarification regarding signage as written in the ordinance. Mr. I
Ringwald clarified that the signage would need to fall within the approved limits under the
ordinance, I
MOTION: Hicks moved and Keim seconded a motion to deny Planning Case #96-27, Arden
Hills Texaco/QuiZllo's, 1306 West County Road E, SUP AmendmentIVariance .
with the understanding that the operation of QuiZllo's would exist as an accessory
use to the site within the 170 square foot "deli" area, signage on the site will be as I
per the plan identifying two QuiZllo's signs on the front and west side; and the
installation of a window on the west side would be permissible without amending
the SUP conditioned on receipt of a building permit. I
Councilmember Aplikowski asked for clarification regarding signage and installation of a
window on the west side. Mr, Ringwald stated these would both be Codelbuilding permit issues. ~
Councilmember Hicks reiterated the primary use issue with regard to the requested door and
patio. I
Councilmember Aplikowski stated she felt this was a good compromise, but she would still be
inclined to allow tables and chairs on the west side of the building in the summer months only. I
Mr. Brausen stated he now puts two tables in the front of the building in the summer months, and
has been doing so for some time. .
The motion carried unanimously (5-0). I
C. Planning Case #97-01, Gurtek, 4315 Colleen Court, Variance
Mr. Ringwald reported the applicant is requesting approval of a front yard variance to facilitate I
the construction of a single family home on a vacant lot in the McClung Fourth Addition
(Exhibit C). The Planning Commission reviewed this recommendation and recommends that I
Planning Case #97-01 be approved, allowing a 10-foot front yard setback variance for the garage
without allowing for any direct encroachment into the drainage/utility easement.
Mr. Ringwald stated this lot has a unique layout, and referred to an overhead of the lot and I
proposed house. He stated this lot has a small buildable area due to the utility easement at the ..
rear ofthe lot.
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ARDEN HILLS CITY COUNCIL - JANUARY 27 1997 9
.
,. Councilmember Malone stated that, although the applicant's request seems to be a good
compromise, he remembers the developer being told there would be no variances allowed in his
site plan.
I Councilmember Aplikowski expressed her concern with an after-the-fact variance request, and
also stated she does not find garages placed out in front of houses aesthetically pleasing.
I Councilmember Hicks inquired if the drainage easement constitutes a hardship. Mr. Ringwald
stated that it would, as it puts limits on the type of house that can be constructed on this lot.
1 Councilmember Hicks asked if there were presently houses on the other lots in this addition, and
if they were of a comparable size to the proposed house.
I John Gurtek, applicant, stated the proposed house is of a comparable size to other houses in the
development. He reported that the residents on the other eight lots have been surveyed, and they
all approve of the proposed variance.
I Councilmember Hicks inquired if the site plans of the other eight houses required a variance.
Mr. Gurtek stated they did not.
I Councilmember Hicks inquired if another house of equal value but of a different layout could be
built on this lot A discussion ensued regarding the different floor plans of houses in this
Ie development, their approximate value, and the poor sales potential of a house with a lower
square footage than of those surrounding it.
I Mayor Probst stated although the record reflects the developer was informed there would be no
variances of site plans in this location, the builder at the preseut time is not the same as when this
I project was initiated. He stated he has no concerns with the recommendations of the Planning
Commission.
I Councilmember Hicks stated although he shares the concern of the timing of this variance
request, he allowed that a I O-foot variance was not a major concern, that the drainage easement
does present a problem, and that the house should be of comparable value to those surrounding it.
I MOTION: Hicks moved and Keirn seconded a motion to approve Planning Case #97-01,
Gurtek, 4315 Colleen Court, Variance, allowing a 10-foot front yard setback
I variance of the garage portion only of the house plan, and based on the conditions
outlined by the Planning Commission and shown on Plan Dla, and based on the
rationale of the hardship of the drainage easement placement. The motion carried
I unanimously (5-0).
I Councilmember Maloue inquired regarding the addition of a deck, whether posts would be
allowed or if it would need to be cantilevered. Mr. Ringwald stated the decks would need to be
cantilevered out over the drainage easement, no posts would be allowed. Mr. Ringwald further
if stated that no structures of any kind are allowed in the drainage easement, such as playsets or
storage buildings.
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 10
D. Quad Ice Arena Master and Supplemental Agreements I
..
Mr. Fritsinger reported the Minnesota Amateur Sports Commission has asked the City Council to
consider the approval of the Master and Supplemental Agreements for the Quad Ice Arena
project. I
Mr. Fritsinger reviewed that the City Council first reviewed these Agreements on January 13,
1997, and raised several concerns at that time. He gave clarification on the following issues: I
Total cost of the proiect
The projected cost of the project is between $9.5 and $9.9 million. The source of funds will be .
$2.5 milliou in down payments and $7.4 million in bond proceeds. MASC and Ehlers and I
Associates, Inc., have both iudicated is customary to put an "up to" amount that is established in
the contract agreements that is larger than the $47.4 million to accommodate changes in the cost
of financing or insurance. I
If proiect goes into default. can the City buyout its portion ofthe debt
Under the Master Agreement, the City's share of the project is a salable asset. At any time, a city I
may sell its share to another party if there is a willing buyer. Ehlers and Associates have
indicated that in the case of a default, it would be expected that the parties would meet to discuss .-
how to payoff any outstanding bonds. In the case of a default, Anoka County would take
ownership of the property, not MASC or the State of Minnesota. Under that scenario, one of the
options available to the participants would be the buy-out ofa city's portion of the debt and I
potential ownership of that portion.
Mayor Probst requested clarification of the City's debt responsibility. He stated he understood it I
to be 15% of 25% of the debt. Mr. Fritsinger stated that was correct.
Current status of the fourth rink .
MASC is the current owner of the fourth rink. MASC is currently working with the Centennial I
Hockey Association to reach an agreement, but nothing has been finalized at this time.
MASC's method of crediting hours to each arena .
Paul Erickson, MASC, presented a handout regarding creditiug of hours.
Mayor Probst expressed concerns that Arden Hills approve of the way hours are credited. Mayor I
Probst inquired if the other cities in SAMN were in agreement regarding crediting of hours. Mr.
Fritsinger stated except for some insubstantial changes, they were in agreement. He stated Jerry I
Filla, City Attorney, has been in contact with the Attorney General's Office in regards to the
agreement. ..
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 11
I Councilmember Keim inquired how many residents of Arden Hills were expected to participate
,. in the ice arena. Mr. Fritsinger stated approximately 144.
Councilmember Keim inquired if the MASC would be able to lease the majority of the prime
I winter hours on the fourth sheet, which they currently own,
Paul Erickson, MASC, responded by providing the Council with a brief recap of the MASC
I Board and their objectives. He stated the MASC's ultimate goal is to sellthe fourth sheet of ice
to a city,
I He reviewed the dates and times of "high prime time" and advised they are completely sold out
in all the arenas iu the Twin Cities area. The MASC feels there is no risk of these prime hours
I remaining unsold, that the risk lies more in selling the spring and fall hours, and they anticipate
success in marketing those hours also.
I He stated the MASC's intention to stay within the Agreement, and stated they will aggressively
market to hockey camps and leagues.
I Councilmember Hicks inquired if during the spring and fall all parties share hours equally. He
expressed concern that, although no prime hours remain unsold at this time, that could change at
some point in the future, especially if more rinks are constructed in the area. Mr. Erickson
.. replied there has been substantial growth in both boys' and girls' hockey which is projected to
grow by more every year. He stated according to the MASC's research, the state is short 50-60
rinks at this time.
I Mr. Erickson further stated the Board feels it is essentially taking the risk for all the rinks, and
I they feel confident enough in this venture to ask other communities for their financial
commitment. He stated most rinks are built one sheet at a time, which the Board feels is
inefficient. He stated the large arenas with multiple sheets attract more tournaments and events.
I Councilmember Keim inquired how many children are involved in the t-ball program through
Parks and Recreation each year. Ms. Cindy Walsh replied that approximately 150 children
I participate each year.
Councilmember Keim suggested that the Quad Ice Arena is how children in the City that wish to
I play hockey will be serviced.
Councilmember Malone stated that potential costs involved in this Agreement are much higher
I than other recreation programs the City offers. He further stated his concerns regarding the
liability of the City. He feels there is a lack of security in this Agreement, and has concerns with
I the large amount of debt being accrued.
Councilmember Malone requested a clarification of the City's liability in this issue. Mr.
fI Fritsinger stated the City's total liability to be approximately $1.4 million.
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ARDEN HILLS CITY COUNCIL - JANUARY 27.1997 12
Councilmember Malone again stated his concern with this liability, and inquired why more .
..
private industry has not been involved in this venture.
Councilmember Hicks commented that, theoretically, this Agreement will cost nothing if
everything goes according to plan. He stated he feels some sense of obligation, as the other I
communities involved are participating readily.
Mayor Probst offered his continued support of this project. He stated that while he recognizes I
there is significaut risk involved, he feels hockey will continue to be played in Minnesota for
quite some time. He stated he feels the prime time hours are low risk, and the cost exposure is in
line with other community programs. He also approves of the replenishing escrow, and feels it is .
insurance against default. He stated he feels that the exposure is manageable, but the City will
need to stay very involved in this project to assure its success.
Councilmember Aplikowski stated her support of this project which she feels is viable. She I
inquired regarding talk of the southern Metro area building a multiple sheet arena. Mr. Erickson I
stated that while this was a project in the works at one time, the parties have disbanded and, at
this time, there are no plans for this area to construct a multiple sheet arena.
MOTION: Keirn moved and Aplikowski seconded a motion to approve the Quad Ice Arena I
Master and Supplemental Agreements subject to the six stipulations outliued in
Mr. Fritsinger's memorandum. The motion carried (4-1 Malone). eI
E. Resolution #97-07, Supporting an Application to the Department of Natural
Resources Cooperative Trail Grant. I
Cindy Walsh, Parks and Recreation Director, stated she has been exploring trail grant
opportunities for the Arden Hills area. She stated County Road F between Hamline Avenue and I
Lexington A venue seems to be the best possibility for funding at this time. She gave the total
estimate of this project to be approximately $65,000, half of which is subject to a matching grant, I
which would leave approximately $32,500 as the City's portion.
Mayor Probst inquired what the length of this trail would be. Ms. Walsh stated approximately I
one-half of a mile, ending at the CPI Guidant driveway.
Mayor Probst commented that Lexington Avenue is really our only North/South connection. Ms. .
Walsh stated at this time this was the best connection, but staff is also looking into a trail along
Old Highway 10 in the future.
MOTION: Hicks moved and Aplikowski seconded a motion to adopt a Resolution #97-07 I
Supporting an Application to the Department of Natural Resources Trail Grant.
The motion carried unanimously (5-0). I
..
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ARDEN HILLS CITY COUNCIL - JANUARY 27.1997 13
I
~ F. Resolution #97-08, Supporting the Transfer of Certain Excess MNDOT Right-of-
Way to Welsh Companies to Facilitate the Building which was approved in
Planning Case #96-12
I Mr. Ringwald stated Staff is requesting that the City Council endorse Resolution #97-08, which
supports the transfer of certain excess right of way currently under the jurisdiction of the
Minnesota Department of Transportation (MNDOT) to Welsh Companies to facilitate the
I building which was approved in Planning Case #96-12 (Exhibit A).
MOTION: Malone moved and Keirn seconded a motion to adopt a Resolution #97-08,
I Supporting the Transfer of Certain Excess MNDOT Right-of-Way to Welsh
Companies to Facilitate the Building which was approved in Planning Case #96-
I 12. The motion carried unanimously (5-0).
ADMINISTRATOR COMMENTS
I Mr. Fritsinger reported on the progress being made regarding the demolition of the property at
1900 Edgewater. The property owner has a 10-day grace period to obtain a demolition permit
I and proceed with the demolition, or this matter will be brought to court.
Mayor Probst inquired what was to be done with this site after the demolition has been
Ie completed. Mr. Fritsinger stated the owners wish to demolish the home but leave the foundation
in place at this time, for possible rebuilding. He stated City inspectors will be required to inspect
the foundation and basemeut walls. Mr. Fritsinger stated action will have to be taken at that time
I to safeguard the area from being entered.
I Councilmember Hicks inquired if the floors could remain after the demolition was complete,
thereby barring entry to the basement level. Mr. Ringwald stated the entire structure must be
removed to facilitate a proper inspection.
I Councilmember Keim inquired how long the property owners have to commence demolition
once the permit is pulled. Mr. Fritsinger stated this must be done in the next ten days.
I COUNCIL COMMENTS
I Councilmember Hicks thanked Staff for the excellent work done in preparing and carrying out
the recent Town Hall Meeting.
I Mayor Probst also expressed his appreciation to Staff, adding he was surprised by the turnout,
estimated at approximately 100 people.
I Councilmember Malone thanked Staff for their work on the Town Hall Meeting also.
..
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 14
Council member Aplikowski reported on the recent Ramsey County Legislative Meeting, and I
..
stated she has an extra copy of the agenda. She gave a brief overview of what was to be
discussed at this year's Legislative session.
Councilmember Aplikowski inquired of Mr. Fritsinger if Staff could be asked to research the I
Code regarding fast food restaurants. She would like the City Council to be able to discuss this
issue further by early to mid-summer. Mr. Fritsinger stated he would ask Staff to begiu this
process. I
Councilmember Aplikowski commented the next Newsletter is set to be sent out soon, and
brought up the possibility of including a "Meet the Staff' article. I
Mayor Probst commented that mailing costs were going up for this Newsletter, and inquired if I
another way could be found to cover these costs.
It was brought up by various Councilmembers that their constituents are not receiving the City I
Newsletters. Mr. Fritsinger reported that Staff has been updating the address databases with the
latest information from the U.S. Postal Service.
Councilmember Keirn welcomed the new building inspector, who was not preseut at the meeting. I
Councilmember Keim inquired regarding the retreat for Staff and City Council. Mr. Fritsinger ..
stated a memo will be sent within the next week with a list of options for time and place.
Councilmember Aplikowski stated she will not be present at the next regular City Council I
meeting.
Mayor Probst reported on the NYFS awards invitation for Thursday. He indicated Bob Mullin, 1
an Arden Hills resident, is a recipient of this award.
Councilmember Aplikowski inquired ifthe City Council could send a formal congratulation to I
Mr. Mullin for this award.
Mayor Probst expressed his desire to see other Arden Hills residents recognized for their I
achievements in a similar manner.
Mayor Probst recalled a recent discussion he had with an area Realtor regarding the lack of I
community events in Arden Hills. A discussion ensued recalling past and present events that the
City has sponsored. I
Mayor Probst briefly discussed the Sister Cities program, stating that although this is a worthy
program to investigate, the time investment it would involve is prohibitive at this time. I
Mayor Probst stated he would like staff to contact the citizens who attended the Town Hall ..
Meeting and expressed an interest in serving on committees.
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ARDEN HILLS CITY COUNCIL - JANUARY 27. 1997 " .; rZ~ j..1"..r" i 15
~e Mayor Probst stated he will not be available for the City Council Worksession scheduled for
February 18, 1997.
I ADJOURN
I MOTION: Hicks moved and Malone seconded a motion to adjourn the meeting at 10: 1 0 p.m.
The motion carried unanimously (5-0).
I
I Dennis Probst Brian Fritsinger
Mayor City Administrator
I
NOTICE OF MEETINGS
I The next regular City Council meeting will be held February 10, 1997, at 7:30 p.m. at the New
I Brighton Council Chambers.
Ie
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I ,
CITY OF ARDEN HILLS PAGE 1 OF3
I ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT THE 02/10/97 COUNCIL MEETING
I-
I CLAIMS PAID SINCE LAST COUNCIL MEETING (01127/97)
I 1......dK...# 1...dK,OA1E.I....'ilENOOIl ,..1... !l.Moum... I COMMllN'l'S I
L I
11532 01/24/97 Discove~Zone 38.40 Vacation Dav Event 01/24
11533 01/24/97 Ca';;;;-Snoonv 130.80 Vacation Dav Event - 01/24
I 11534 01/24/97 Bu;c.;-er Kin:;- 30.00 Vacation DavEvent - 01/24
11590 01/27/97 Medica 2,594.38 Februarv Insurance
11591 01/27/97 Purchase Power 424.50 Office Posta~e
11592 01/30/97 Minnesota's Bookstore 151.57 Supplies - Building Inspector
1 11593 01/30/97 cfiV of New Bri.hton 15.50 Vehicle #60 License
11594 01/31/97 David Scherbel I 65.22 Reimbursement - SUDDlies and Mileai':c
11595 02/03/97 N ational Sno~ts Center i 80.6'1 MASC Meetina - Fritsinaer
11596 02/03/97 Met Council Environmental Services I 48,322.00 Sewer Char.e - Februarv
I 11597 02/07/97 Public Emnlouees Retirement Assn. 2,403.35 First Februarv Pavroll I
11598 02/07/97 ' ICMA Retirement Trust 457 1 1.151.92 First February Payroll
11599 02/07/97 I State Canitol Credit Union 2,840.07 First Februarv Pavroll
I 11600 02/05/97 , United States Postal Service I 400.00 "PostaQ'e bv Phone" - Office
I I
II Subtotal Paid Claims 58,648.351
I.
I I Paid Claims From Above -
I 58,6'18.35
I Add Unpaid Claims. Page 3 of 3 117,054.81
Total Accounts Payable Claims
I for Council Approval, 02/10/97 175 703.16
I
I
I Note: Checks for unpaid claims totaling $160,869.15, were mailed
on January 28th. 1997 after approval at the January 27th
I Council Meeting. They were check numbers 11538 - 11589.
This sequence corresponds to unpaid temporary numbers
T1- T52. Check numbers 11535 - 11537 were used for
alignment.
I
CU>M"
I .
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I
CITY OF ARDEN HILLS PAGE20F3
. ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 02/10/97 COUNCIL MEETING
..UNPAlD CLAIMS REGISTER:
I I nlUP41..I.. CK>.OAnl.,.t... VENDOR .AMOUNTI'COMMENCIS - I
I I
TOOl 02/11/97 Animal Control Services, Inc. 222.90 000/ Cat Enforcement, 01/21 01130
I I T002 02/11197 ADnle Business Forms, Inc. 363.06 Utilitv Envelooes, 5,000 #9 and 5,000 #10
I T003 02111/97 Arden Hills Develooment Corooration 28,768.50 50% TIF, 1996 Pavrnent Year
" T004 02/11/97 Arden Hills Tire & Service Center 301.81 Vehicle #60, Four Tires
I T005 02111197 AT&T (Kansas CiM 29.41 C~~rent Invoices - Lon~ Distance
,
I , T006 02/11/97 Rose Marie Azmi 15.00 Refund Craft Class
I
I T007 02/11197 Beisswen2:er's How-To Store 46.52 Januarv Purchases - Parks and P.W.
T008 02/11/97 Bethel Catering, bv Marriott 266.40 Town Hall Meetino, 01/25
T009 02/11197 Biffs, Inc. 233.04 Portable Toilets - Januarv, Four Rinks
I TOIO 02/11/97 Brake & Equipment Warehouse 61.04 Vehicle #101, Renair Parts
TOll 02111/97 LuAnn Brunn 200.00 CfiVHall Janitorial Services, 02/15-03/15
T012 02/11/97 Lvnn Burwell - Dance Classes - Januarv
547.00
T013 02/11/97 Chase Industrial 15.00 Seminar 02/27, Scherbel
I T014 02111/97 Comorate Exnress (Formerlv, St. Paul Book) 645.31 Office S;;;;olies - J anuarv
T015 02111/97 Demars Sil:!TIs, Inc. 153.36 Siems for Town MeetinlY
T016 02/11/97 E Z 2 Do Wood Crafts 72.50 Various Sunnlies Recreation Dent.
I T017 02111/97 Gallaoher's Service, Inc. 184.93 J anuarv Service
T018 02/11197 Har Mar Lock & Service Center 25.50 Three Name Plates
T019 02/11197 Hvdro Suoolv ComDanv 2,380.75 Meters Puchased. Various Sizes
T020 02/11/97 Internal Revenue Service 169.56 Federal PaYroll Tax Remitted
I T021 02/11/97 J. C. Auto SUDolv, Inc. 63.77 Oil Filters for Taros - Parks
T022 02/11/97 Carol Johnson 30.00 Refund - Vacation Dav Event (2)
T023 02/11/97 Kath Auto Supply 179.98 Various Renair Parts Public Works
T024 02/11197 Kennedy Transmission 92.77 Vehicle #106 - ReDairs
. T025 02/11197 Lake Country Chaoter of I.C.RO. 135.00 Seminar 04/24 04/25, Scherbel
T026 02/11/97 Lea{!ue of Minnesota Cities Insurance Trust 55.00 Denied Claim Administrative Costs
T027 02/11/97 League of Minnesota Cities Insurance Trust 16,967.00 Workers' COIlloPremium for 1997
I T028 02/11/97 Lillie Su bu!ban Newspapers, Inc. 55.46 Three Ads for Public Hearin"s
T029 02/11/97 LTG Power Eauioment 193.72 Vehicle #42 - Reoair Parts
T030 02/11197 Mac Queen Equipment. Inc. 121.35 Vehicle #102 - Plow Foot Assemblv
T031 02/11197 McDonald Battery Company 216.20 Vehicle #32 Two Batteries
I T032 02/11197 Metropolitan Inspection Service, Inc. 764.80 Electrical Inspections January
840.00 Build!ng Insncctions. 01117-01/27
T033 02/11197 Metrooolitan Area Management Assn. 25.00 Membershrn'Dues for 1997
T034 02/11/97 Mever Enterprises 91.59 Vehicles #42 and #109 Renair Parts
I T035 02111/97 Minnesota Department of Revenue 50.00 Hazardous Waste Tax - 1996
T036 02/11/97 Minnesota Department of Revenue 427.50 W/H Per Statute - Vendor, Maole Island
,
T037 02/11197 Minnesota DC Fund I 273.00 Evenson 4Q96
T038 02/11/97 Mn Recreation & Park Association 25.00 Seminar 03/21 - Petersen
I T039 02111/97 Morton Salt 1,770.07 Road Materials
T040 02/11/97 MTI Distributing, Comoanv 45.68 Vehic1e #49 Renair Parts
T041 02/11/97 Munici - Pals 10.00 Membershio Dues for 1997
I T042 02111/97 Municilitc Company 53.50 Renaired Strobe Lioht
T043 02/11197 New Brh~:hton Parks & Recreation 250.00 Christmas Tree Recvclin"
T044 02/11197 Northern Asuhali- Construction, Inc. 296.07 Road Materials
T045 02/11197 Northern States Power Comoanv 3,648.91 Current Invoices
I T046 02/11/97 Pconle's Electrical Contractor 49.00 Refund, Permit 96-317
T047 021.11197 Tracv Petersen 53.01 Reimbursement - Janu~rv Mileap'e
I _~ ._w__ 1
1 Total, Pa~e 2 of 3 Carried Forward - 61,484.971 CWMM
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CITY OF ARDEN HILLS PAGE30F3
. ACCOUNTS PAYABLE ClAIMS REPORT
I TO BE APPROVED AT 02110{97 COUNCIL MEETING
I-
UNPAID ClAIMS REGISTER (CONT.):
I ITEMl':#,,!,'cg:.llATE'.t.,.WNOOR ,....I.,.AM.otlm.,.I.,.ooM.MlllffS I
I I
T048 02111197 Plaisted Companies, Inc. 1,042.22 Road Materials
I T049 02/1lJ97 Terrance R. Post 34.41 Reimbursement - Mileal!e
T050 02111197 Postmaster - SI. Paul 800.00 Posta.e for Permit Mailin.s
T051 02/1lJ97 Ramsey County 17.33 Data Processing, November & December 1996
49.309,00 Law Enforcement - February
I T052 . 02111/97 Rotary Club Arden Hills I Shoreview 55.00 Dues 4Q96
i 84.50 Meetin.s - 4Q96
T053 I 02111197 Rvder Student Transoortation 365.00 Two Vacation Dav Events
T054 02111197 Sally's Caterin. 60.00 Worksession 01/21
I T055 02111197 City of Shoreview 825.94 Reimburse - Semaohore, 3850 Lex. (For 1996
T056 02111197 Snao' On Incorporated I 77.96 Imnact Sockets
I I
T057 i 02111197 St. Josenh's Eauinment. Inc. 461.74 Vehicle #20 - Reoairs
I T058 I 02111197 Sheila Stowell I 30.24 Reimburse Town MeetioQ' Sunnlies
T059 I 02111197 Surnlus Services I 35.00 Draftin'l Li.ht Table
T060 i 02111197 Teresa Syvertsen 15.00 Refund - Craft Class
T061 I 02111197 Timesaver Off Site Secretarial I 207.00 Council Meetin. - 01127
I T062 -T 02111197 Truck Utilities Mf.. Company 431.18 Fuel Tank and Row Markers for Vehicles
T063 I 02111197 University of Minnesota 25.00 Shade Tree Disease Lab, Winkel
T064 T 02111197 University of Minnesota I 75.00 Shade Tree Short Course - Winkel
T065 I 02111197 US West Communications i 1,054.52 Current Invoices
I T066 i 02111197 CYnthia Walsh , 58.19 Reimbursement JanuarvMilea.e
T067 i 02111197 West Weld 242.02 Shoo-SuDOlies - Parks and Public Works
T068 i 02111197 Zen Manufacturin. Comoanv 263.59 Eouin. Cleaner Hand Cleaner & Disnensers
I I I
Subtotal, Pa.e 3 of 3 55,569.8411
Pa.e 2 of 3 Brou.ht Forward - -- 61484.9711
I Total Unpaid Claims 117,054.811
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------------~-
~. CITY OF ARDEN HILLS
MEMORANDUM
I DATE: February 4,1997
I TO: Brian Fritsinger, City Administrator
I FROM: Tcrrance Post, City Accountant @
SUBJECT: Request for 1996 Operating Transfers Authorization
I By means of this memorandum, I wish to recommend making various budgeted and unbudgeted
I operating transfers between funds for the year ended December 31, 1996.
General Fund (No. 101)
I I. Execute the various budgeted operating transfers out to subsidize quarterly Program Fund
recreation class catalogs and fund capital sinking funds as follows:
a. To Program Fund (No. 226) $ 16,300
I b. To Municipal Land & Buildings Fund (No. 408) 118,750
c. To Capital Equipment Fund (No. 411) 28,500
d. To Fire Equipment Fund (No. 412) 47.500
.. Subtotal Budgeted Transfers $211.050
2. Consider other recommended unbudgeted operating transfers out:
I a. The TCAAP Fund (No. 229) began the 1996 fiscal year with a
$19,122 fund balance. $26,370 of joint facility legal planning
costs were incurred in 1996, resulting in a negative fund balance
I of ($7,248). For the 1997 adopted budget, $10,000 iu similar
costs are planned. The recommendation is for a $17,500
unbudgeted transfer from the General Fund to the TCAAP Fuud. 17,500
I
b. As a result of 1996 General Fund operations resulting in
I approximately $300,000 plus in unplanned revenue (property
tax petition withholding refunds and building permit activity),
the recommendation is for unbudgeted General Fund transfers
I from the General Fund to the Municipal Land & Buildings Fund
of $266,500 and to the Capital Equipment Fund at $33,500.
300.000
I Subtotal Unbudgeted Transfers 317.500
Total recommended 1996 General Fund Transfers $528.550
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Memorandum - Request for 1996 Operating Transfers Authorization .1
Page Two
February 4, 1997
Community Services Fund (No. 225) I
3. Execute a budgeted operating transfer to the Program Fund (No. 226).
$30,335 was budgeted to fund the 1996 operating deficit in the Program I
Fund. However, the results of operations indicate a deficit of $15,759
needs to be subsidized. The recommendation is to execute a $16,000 I
budgeted transfer from the Community Services Fund to the Program
Fund.
Recommendation I
Staff recommends that these items be placed on the February 10, 1997 regular Council meeting
agenda under the consent calendar for Council consideration, discussion and action. I
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I CITY OF ARDEN HILLS
f' MEMORANDUM
DATE: February 10, 1997
I TO: Moyo<ond c;ly Com' ~
I FROM: Kevin Ringwald, Community Devclopmcnt Dircctor .
SUBJECT: Planning Cases 97-02 and 97-03
I The following is a brief review of the requests and the recommendations ofthe Planning
I Commission. The minutes of the February 5, 1997 Planning Commission meeting are also
included in your packet.
I Case 97-02. Dan O~ren. County Road E-2 & Old Hi!!hwav 10. PUD amendment
A. Reoucst
I The applicant is requesting approval of a minor amendment to a previously approved
Planned Unit Development (PUD) in the R-l Single Family Resideutial Zoning District.
The minor amendment would allow the construction of decks offthe rear and or side of
Ie the units (Exhibit A).
E. Back~round
I The Staff issued a building permit (# 5512) on September 9, 1996 for the construction of
Unit # 7 of the Townhomes of Lake Valentine at 1657 Lake View Court. As a part of
I that buildiug permit the Staff noted that the three season porch as shown on the plans was
approved and the deck that was shown on the plan were not approved. The deck was not
approved due to two factors. The first being that the deck as shown extended into a
I public utility easement (sanitary sewer). The second being that the deck was not within
the 14 foot by 18 foot area at the rear of the unit which was approved for decks and/or
porches in Planning Case 95-05.
I In mid December of 1996 the Staff noted that the deck was beiug constructed iu the
easement and without a building permit. The Staff immediately issued a stop work order
I to the contractor. The contractor acknowledged the error and requested to meet with Staff
to discuss how to properly remedy the situatiou. The Staff met with the contractor and
I the developer and explained that the deck cannot be constructed within the public utility
easement. Also, the StatYexplained that decks and/or porches were only allowed within
the 14 foot by 18 foot area at the rear of the structures as approved in Planning Case 95-
I 05. The developer and the contractor agreed to remedy the deck within the easement
area.
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The developer explained that they would like to build some amount of flexibility into the I
plans for each unit, in regards to decks and/or porches, so that the units could receive
some level of customizing. The Staff explained that the PUD would need to be amended ..
to accomplish that flexibility, and thus this application (Planning Case 97-02). The plans
as submitted by the applicant (Planning Case 97-02) show the original 14 foot by 18 foot
area for porches and/or decks to the rear of the unit. The plans also show two 8 foot by I
12 foot decks one to the rear of the unit the other to the side of the unit. The plans as
submitted by the applicant (Planning Case 97-02) also state that the total deck area for
each unit will not exceed 260 square feet, the decks may have stairways, and the decks I
may be built up to easement lines.
C. Planning Commission Recommendation I
The Planning Commission recommends approval of Planning Case 97-02, Planned Unit
Development amendment (decks on side and/or rear of structures), subject to the
following conditions: I
1. Compliance with the applicable conditions of approval of Planning Case 95-05;
2. Total deck area for any unit shall not exceed 260 square feet in area, including I
stairways;
3. Porches and/or decks shall not be constructed within easement and setback areas; I
4. Modification of the 8 foot by 12 foot "possible deck" which currently exists on
Unit # 7 such that it does not encroach into the easement by March 1,1997; and
5. Modification of the 14 foot by 18 foot "possible porch" on Unit # 9 such that it ..
does uot encroach into the 30 foot setback requirement from the development
boundary.
D. Notes I
1. Pursuant to Section V, L, 5, d, of the Zoning Ordinance a four/fifths (4/5's)
majority of the full City Couucil is required to approve (modify) a Planned Unit I
Development.
2. Pursuant to Section VIII, E, 4, of the Zoning Ordinance no application which has
been denied wholly or in part shall be resubmitted for a period of six (6) months I
from the date of the denial.
E. Updates I
Letters from several residents regarding this project are attached (Exhibit B).
Case 97-03. Cardiac Pacemakers Inc.. 4100 Hamline Avenue. PUD amendment I
A. Request I
The petitioner is requesting approval of an amendment to their previously approved
Planned Unit Development (Planning Case 89-10) to allow for the expansion of Building
E at their campus which is located at 4100 Hamline Avenue (Exhibit C). I
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I B. Backg-round
Cardiac Pacemakers Incorporated (Cpr) is proposing to construct an approximately
I. 40,000 square foot addition (two floors @ 20,000 square feet per floor) to their existing
research and development building. The building addition to Building E will enhance the
research and development potential of cpr.
I C. Planninl!: Commission Recommendation
The Planniug Commission recommends approval of Planning Case 97-03, Planned Unit
I Development amendment, subject to the provision of sediment and erosion control
measures adjacent to the affected area for development.
I D, Updates
None.
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I 1 ~*. (PHONE CALL)
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I YOUR CALL
PLEASE CALL
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I SIGNED ~ FQ!=l.\il 4003
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January 7, 1997 .1
To: Kevin Ringwald BEe,>,
'..... -~~
.' I
J/J,N 1]8 7),
From: William & Kim Dietrick
1785 Venus Ave. rrr I
1.., r 1 u:"...~ .(' 't:l,
Arden Hills, MN 55112 .' U 'I HilL)
Re: Dan Ogren Request for Minor Amendment I
(City of Arden Hills Public Hearing Notice)
Under no circumstances do we approve the minor amendment I
to the previously approved Planned Unit Development requested by Dan I
Ogren to allow for the construction of decks off the rear or side of the
structure.
Dan Ogren's development has already encroached on Ramsey I
County Open Space, the trail easement, and the Valentine Hills I
neighborhood. We are not interested in, nor do we approve of, any
amendment to the approved Planned Unit Development that
increases this encroachment. ..
~j U/t tUaflu I
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I R..<">>J.!;.cr &. Sue Aikc1."l.
(" 4360 Hamline Ave
Arden Hills MN 55112
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I To the Arden Hills Planning Commission Members:
Re Ogren T o\>o1lhomes of Valentine Lake change in PUD request.
I In regards to this, application' support statI~ recommendations as listed below;
I I. Compliance with the applicable all conditions of approval of
Planning Case 95-05 [the plan approved by Council in October
1996];
I 2. Total deck area for any unit sh.all not exceed 260 feet in
area, including stairways;
3, Porches andlor decks shall not be constructcd within
.. easement areas;
4, Modification of the 8 foot by 12 foot "possible deck" which
currently exists on Unit #7 such that it does not encroach inlo
1 the easement by March 1, 1997 [this deck's location is in
violation of code] ; and
5. Modification of the 14 foot by 18 foot "possible porch" on
I Unit #9 such that it does not encroach into the 30 foot setback
requircmem from the development boundary,
I I do nOI suppOrt additional dcck space on the sides of the units overlooking public spaces, These units are
already large and imposing for the site. Should you decide to allow this additional exposure of the open space
, would suggest that you require the developer to provide additional landscape mitigation for the trail area,
I
I Sinccrely, PC( ~ L-
Roger Aiken
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it
I to'd "'Ot :Ot L6-S0-Q""j
...~,.i'-" -'__'-'....:. ::. .v,-,v.-:': __. ',"--" - - .. - - -- - .'v. ....~....~~...._....~. . -
'-I {rz, 'I
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Date: February 5, 1997 I
I
Memo i"
To: Arden Hills Planning Commission I
I I
From: Fran Holmes I
I
1804 Venus Ave., Arden Hills I
631.1866 ,
I
Subject Ogren Townhouses POO Amendment
I would encourage the Planning Commission reco~nd to the Council that the amendments I
to the PUD be made to allow the proposed deeks TF the following is contingent upon the
approval: I
I strongly urge the Pl<mning Commission to make contingent on the approval of the
decks that that there he a requirement for a meaningful free/natural buffer hetweell I
the townhouses and the rest of the Open SplUe, including the rrait easement. A
substantial tree/natural buffer shou/tf screen the townhouses from tI,e Open
Space/trail easemellt and therefore mitigate the impact of the decks. This I
requiremellt would be consistmt with the Arden Hills Comprehensive Plall whleh
requires a buffer betwun inconsistent uses.
Currently, there is absolutely nO buffer between the to1Nnhouses and the Open Space. The ,..
townhouses back right up to the Open Space and tbere are no trees, bushes, natural growth or I
any sort of buffer from the Open Space. Our Arden Hills Comprehensive Plan requires that I
there be buffets be(ween inconsistent uses.
When one walks (or skis) through the impacted open space it is clearly apparent that this area 1
is no longer a natllI'al woods envirownent like it used to be. The trail runs right towards these
rather massive to.....nhouses and we no longer have the sense tbat we are "out in the woods"
like we used to. During the ] 970' s Ramsey County went to a great deal of effort to acquire I
this Open Space to afford to the residents a natural area for walking, recreation, and a chance
to get back to nature, Unfortunately, thc value of this Open Space has been significantly
diminished by tbe presence of the townhouses. I
1 hl!lkve the requirement for a huffer wltieh screens the townhouses is a reasonable
compromise w/dch would balance the interl!Sts of all the parties Involved. Therefore, I I
recommend that wefollow the guidance In our own Comprehensive Plan and require a
meaningful and significant natural buffer to screen the townhouses from the Open Space
and the rrail t!a,$t!menL
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I' ~L
I Date: February 5, 1997
~ To: Planning Commission
From: Lois Rem, 1670 Glenview Court
I Re: Ogren PUD Minor Amendment
I am not entirely in favor of the amendment as proposed. I
believe these variations should be allowed ONLY WHERE POSSIBLE WITH
I NO VARIANCE granted from the original PUD or city code. When
council approved this development on 10/10/95, they repeatedly
expressed concerns for buffering & reducing impact on neighboring
I residences, trail, open space, & roadways (Council 8inutes,
10/10/95) . Variations from that approved plan could easily increase
these impacts, contrary to council's clear intent, Also it is good
I to remember that these impacts, these setbacks for privacy,
"buffering," & "character," cut both ways-- would townhome buyers
want decks built within 3 feet of the pUblic trail? Setbacks &
I easements exist for EVERYone's benefit.
I request the following additions to staff's recommended
conditions:
I 1. THAT NO VARIP~CE BE GRANTED & THAT ALL SETBACKS &
CONSERVATION (WETLAc'JD) & OTHER EASEMENTS BE ~~INTAINED PER THE
Ie PLAN APPROVED BY COUNCIL ON 10/10/95. Although we are assured
that most units meet setback & easement requirements, a look at
the "Patio & Deck Layout" plan shows that many of the units are
I very close to these lines: 1 (marginal side & back), 4 (side) ,
5 (side) , 6 (side & back), 7 (side & back), 8 (back) , 9 (back) ,
10 (back) . To me it seems that only units 2, 3, 11 & 12
I clearly have room for the "side and/or back" option. The other
units could find themselves requesting a variance, before or
after the fact of construction as has happened now with unit 7.
I 2. Given the continuing confusion concerning what is & is not
permitted in this development: That a revised final FINAL plan
be submitted to show all building locations, setbacks, &
I easements (current) ; that this final plan also show all
preserved trees & new plantings for buffering of wetlands,
trail, open space & roadways; that this plan indicate the
I allowed placements for all future decks and/or porches. I know
this is not a typical request, but since there is such intense
interest in & concern over this development, my neighbors & I
I would find it very helpful to have such a drawing-- it might
answer some questions that are NOT clearly answered in the
proliferation of drawings we now have,
I Finally, I know that the Planning Commission is an ADVISORY
it group & that Council makes final decisions as they see fit,
regardless of your reco~"endations. Nevertheless, I ask that you do
your part to assure that all applicable ordinances, codes, rules, &
the approved PUD agreement concerning this development are upheld.
I Thank you.
----.----- -
---
~~v 'I
Date: February 5, 1997 1
To: Planning Commission ..
From: Lois Rem, 1670 Glenview Court
Re: Ogren Development & Archaeological Issues - Background .
In the early stages of this development, a group of residents
petitioned city council for an Environmental Assessment Worksheet of I
the site (March 22, 1995) . Council agreed because, at that time,
the development's storm water retention pond was to drain into
valentine Lake (Council minutes, 4/10/95) , One of the EAIV' s
standard questions is: [26J "Are any of the following resources on 1
or in proximity to the site: la) archeological, historical, or
architectural resources?" EAW guidelines require all questions be
answered. Since no one was aware of any "archeological resources" I
at the site, RLK Associates, the firm contracted by the city to
prepare the EAW, contacted the state historical society to see if
they had any relevant information. The EAW prepared by RLK I
summarizes:
The Minnesota Historical Society (MHS) reviewed records o f the I
site area. The review yielded no reported historical or
archaeological properties in the project's area of potential
effect. (See Attachment 4) However, MHS recommended that an
archaeological survey of the project area be completed. This ..
is because of the site's location near a lake and the
topography of the site. Settlements ar-e known in this region
of the state to be found on hilltops overlooking water bodies. 1
The MHS recommendation is just that-- a recommendation-- and
has no authority to mandate site resea!:'ch. (EAW p. 14 )
The referenced Attachment 4 is a letter from MHS to RLK dated I
June 12, 1995, stating in part: "we believe that there is a good
probability that unreported properties may be present. Therefore, .
we recommend that a survey 0 f the project area be completed." A
list of suggested consultants was attached. On August 14, 1995, MHS
wrote directly to the city, again recommending a survey be done. I
When no official seemed inclined to pursue this recommendation, a
resident contacted a recommended consultant (from the U of MN) who
visited the site and drew up a preliminary proposal for a modest 4-
week survey to be accomplished for around $900. This information I
was forwarded to the city. As you are aware, no survey ',;as ever
done.
I bring this information to your attention to correct a recent I
"mis-recollection" of this site's recent history. It was not the
residents who "dragged in Indian relics"-- the issue was raised in I
the context of the city's request for an EAW and at the repeated
request of the MHS. ..
.
I' 7ft....
I Date: January 13, 1997
,. To: City Council
~rom: Lois Pem, 1670 G1enview Court
I Re: Ogren Townhomes & Zoning/Land Use Issues
I Last Tuesday evening I sat through your interviews of Planning
Commission candidates, and I found the process quite interesting.
As you all said, the candidates were well qualified, and your choice
I was not easy. Your questions to each of them were very good, and
your final discussion showed the seriousness with which you took the
decisions you made that night.
I One part of your interviews somewhat surprised me, however.
Mayor Probst asked each candidate if he or she had been aware of the
situation with the Ogren townhomes and what, in his or her
I estimation, might have been done to make that process less
difficult, In answering that question, several candidates asked if
there had been "zoning or land use issues" involved, and council
I repeatedly indicated there had not been,
I was a bit discouraged by this evidence of the shortness of
Ie the collective memory regarding that memorable case, and I would
like to correct that memory and the record.
I Please note that in mid February 1995 the city sent to
residents AND pUblished in the Focus News notices for TWO public
hearings, one "for a site plan review and PUD Master Plan," the
I other "to amend the land use plan of the city comprehensive plan .. .
from open space to low density residential." Contrary to later
representations, the problem was not simply that residents had been
I wrong to assume the vacant corner was open space and just didn't
want to give it up-- they relied not only on their own memories of
previous hearings concerning that land but ALSO on the city's own
I pUblic hearing notice for this very development.
I would like to read for you from the minutes of the March 1,
1995, Planning Commission meeting, pages 13-14.
I Then, briefly, to complete your dealings on this case, I'll
review some excerpts from the Council minutes of March 27, 1995,
I pages 12-14.
So, the issue of Planning Case 95-12, Comprehensive Plan
I Amendment, has not come to council again since March 27, 1995f. Is
this question, then, still open pending review and updating of the
f' Comprehensive Plan?
I
----
8ft'J., '.
Date 02/05/97 I
To: Plallllillg COlllllli:;sioll ..
From Sharon Turgeon
I, i'\'lemorandum dated No\' I~. 1995 item #17 stated
"distance between units 5 & 6 and the 66 toot easement is now at least 2"1,5 Ii .- I
The plan is now showing the units to be within 10 feet. I
The couneil and statfassured the public allhattime thaI the building was 24 teel Ii'om the 1
easement
(attaclllllellts) I
2 The (i)otprint has changed greatly f['omthe appro\'ed plans of No\' 13,1995:
The appro\'ed plan shows the square filOtto be 2305 I
Upper floor is 1741
Ci:1.rage is 564 I
Tntal nnnn 2~05
Now the plan shows: (for unit I) ..
Upper 110m 1790 (1722 + 68 for boxes)
Garage is 552
Porch 216 1
subtotal------ 2558
Decks 192
Total ____m__ 2750 I
Because the buildings are enlarged fl'om the appro\'ed plans. it is important that
the city require buffering either by berms or plant material. I
~, If the decks are approved, they should be placed within the lines on the site plan, I
". I
I
I
..
I
----------- ------------- ------------
I' q;; t..-
CITY OF ARDEN IIILLS
I MEi\IORANDUi\1
i'
DATI':: November 13, \'195
I TO: i\!ayor ~nd City Council
V
FROM: Kcyin I{jllgwald, COllllllullity De\'c1opl11cnt Director
I
SUBJECT: Case #95-05, Filial !'lat
Dan Ogrcn, Northwest corner County Ro~d E2 and Old Highway \0
I The following is a bricf' review of the applicants request and updates on the plan which have
I occurred subscquent to your October 10. 1995 approval of the Planned Unit Development.
Plannin!! Case 95,05
I A. Request
The applic:lI1t is requcsting approval ofa Final Plat for a 12 unit '"Townltomes of Lake
I Valentine" project on a 6,51 acre parcel in the R-I Single Family Residential Zoning
District
Ie B. Update
Subsequent to the City COlIrlcii approval of the Plmmed Unit Development (PUD) on
October to. 1995. tlte applicant has made some modilications to the plan. These
I modifications are generally responsive to conditions of approval of the PUD. The
primary modifications tltat were made to the plan were in regard to the reduction in the
number of units. the Soutlterly relocation of the private road. and the Southeasterly
I relocation of Units Sand G away from the 66 I(Jot easement (Exhibit A),
C. Final Plat
1 The final plat shows the required modifications to the site as a result of the PUD approval
([xhibit (3). The final plat contains 13 lots. Lots i through 12 contain the units, the
I parking space in front of the garage. and some green area adjacent to the units. Lot 13 is
the common area for Lots I through 12. All 0[' Lot 13 is a utility ami drainage easement.
Persons who purchase Olle of the twelve units in this project will also be purchasing a
1 1/ 12th interest in Lot 13, Lastly. the long-term maintenance of the I G.S foot conservation
area adjacent to the two wetland basins is provided for in the Association Documents
(Deciaration. Section VII. Section 3).
I The preliminary plat was approved by the City Council on October 10. 1995, The
Planning Commission recommended approval of the preliminary and final plat at their
I regular meeting on September G. 1995.
f'
I
-
- ----------------
. t~~'\..- 'I
l2. Compliance with applicahle provisions of the City Code. I
This is a standardilcd condition of approval.
13. Any requircd Illllllpin~ or the storm pond ,"ould be the responsibility of the ..
T(}\ynhouse Association.
The plans have been modiFied so that the storm sewer outlet does not outlet into
Valentine Lake, Thcrel(Jre the flooding potential ['rom Vaientine Lake has been I
eliminated. However. the responsibility for the maintenance and upkeep of the
sedimentation b<1sin and the strnetmes should be the responsibility of the I
homeowners assuciatiotl.
l4. A l6.5 foot conservation casement be estahlished and posted around the
delineated wetlands. 1
The approved PI If) delineates a 16,) foot conservation easement adjacent to the
two wetland basins. The long.term maintenance of this 16,) [(lot conservation I
area is provided Ill(' in the Association DocuIl1cnts (Declaration. Article Vii.
Section J). which stalcs:'Neither the declarant, the Association or any Owner
shall mow, cut or otherwise disturb the natural vegetation located within sixteen I
and one-half(lG.5) leet of any delineated wetland located '\iithin the Common
Elements".
15. Appro"al of the linal plat. I
The City Council is currently considering that request.
16. Hesolution of the necessary storm sewer casement ovcr the City property ..
(Chatham Opeu Space).
The stmm seV,ier that will be constructed through the City propertv (Chatham I
Open Space) will be. aCter it is accepted. a City utility, Therefore. it would be
inappropriate ['or the City to grant an easement to itself. However. it wouid be
appropriate for the City to agree with the locatioll of the stor111 sewer and to I
require restoration of the City property "I'ter the constructiull of the storm sewer
The City agreed to the location of the storm sewer when the City approved the I
PUD. The development agreement for the Towllhornes of Lake Valentine
includes a clause (Section 4,01. A, 2) requiring that the developer seed or sod all
disturbed areas outside of the right-ot~way withill ten (i 0) days of the completion I
of the grading.
l7. Deletion of Units 7, 8,15, and 16 and the Southerly relocation of the I
Northwesterly portion of the private street (Lake Vicw Cnurt), so as to
maximize the distance hctwcen the 66 fnot casement and Units 5 and 6.
Units 7, 8, IS, and 16 have been deleted, The private street has been relocated I
Southerly to maximize the distance between the units and the 66 foot easement.
The distance between Units 5 and 6 and tire GG I(lot easement is now at least 24.5
feel. I
..
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I CITY OF ARDEN HILLS
,. MEMORANDUM
DATE: February 3, 1997
I TO: Brian Fritsinger, City Administrator
I FROM: Dwayne Stafford, Public Works Superintendent Pf
SUBJECT: Highway 96 Reconstruction Costs
I Backg-round
I The segment of Highway 96 from Mackubin Street in Shoreview west to Lexington A venue was
identified as one (I) of the two (2) segments of the highway to be reconstructed in 1997. The
Lexington Avenue and Highway 96 intersection will be completed during the reconstruction,
I including turn lanes, and roadway to approximately 1380 feet west of Lexington Avenue. This
will negate the need to closc this intersection during reconstruction of the Arden Hills segment
between Lexington Avenue and Highway 10.
I A meeting was held on January 29, 1997, with the Highway 96 Project Engineer, Mr. Jim
Tolaas; Consulting Engineer with BRW, Mr. Gary Orlich; Project Engineer with MSA
Ie Consulting, Greg Stonehouse; Community Development Director, Kevin Ringwald; City
Administrator, Brian Fritsinger; and Public Works Superintendent, Dwayne Stafford to discuss
I two (2) issues related to Arden Hills as part of the Shorevicw segment.
Issucs
I 1. Storm Sewcr
A significant amount of storm sewer and ponding areas will need to be constructed as
part of the Shoreview scgment. Ramsey County engineers estimate the cost of this work
I to be $977,000, and 78 percent of this amount will be paid by State Aid Funding.
However, upon completion of a run off study, the County estimates that two (2) percent
of these costs will be assessed to the City of Arden Hills and 20 percent lo Shoreview.
I 2. Emergency Vchicle Preemption System (EVP)
The County intends to install an EVP System with the new traffic signals at Highway 96
I and Lexington A venue. Typically, the County charges the affected Cities for this system.
This would mean a 50/50 split between Arden Hills and Shoreview.
1 Costs
The estimated cost to Arden Hills would be $19,544 for storm sewer and $5,000 for the EVP
I System. These costs would come from the 409 fund (Non Assessable Road Improvements).
it
I
--------
,~ '1
Agrccments I
..
Attached are two agreements submitted by the County for Council consideration.
1. Agreement one (1) asks that thc City of Arden Hills cnter into a cost participation
agreement with Ramsey County on thc Shorcview segment of Highway 96 to be 1
completed in 1997. The Lexington Avcnue intersection and a portion of the Arden Hills
segment is included in this contract.
2. Agreement two (2) asks that the City of Arden Hills and the City of Shoreview split any I
future maintenance costs, which would be completed by the County on the traffic signals
or EVP System at Lexington Avenue and Highway 96. I
Recommendation
The Public Works Superintendent recommends Council approve and sign the attached I
agreements.
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1_ : i I --.J--.J i LI ti
I
- Flt.E
- AGENDA
- ARDEN HILLS CITY COUNCIL MEETING
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, FEBRUARY 10, 1997, 7:30 P.M.
~ NOTE
JI CLOSED EXECUTIVE SESSION AT 7;00 P.M.
TO DISCUSS PENDING LITIGATION
I 7:30 P.M, 1. Call to OrderIRoll Call
I 7:30 P.M. 2. Approval of Meeting Agenda
7:30 P.M. 3. Approval of Minutes
I a. January 27, 1997 Regular Meeting
I 7:30 P.M. 4. Consent Calendar
Those items listed under the Consent Calendar are considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items,
unless a Council member so requests. in which event, the item will be removed from the general order of
-- business and considered separately in its normal sequence on the agenda.
a. Claims and Payroll
I b. Approval of Operating Transfers for 1996
7:35 P.M. 5. Public Comments
I This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In
addressing the Council, please state your name and address for the record, and a brief summary of the specific
item being addressed to the Council. To allow adequate time for each person wishing to address the Council,
we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the
I Council prior to the meeting, or as bench copies, to allow a more timely presentation.
7;40 P.M. 6. Unfinished and New Business
I a. Planning Case #97-02, Dan Ogren, County Road E-2 & Old Hwy, 10,
PUD Amendment
b. Planning Case #97-03, Cardiac Pacemakers, Inc., 4100 Hamline Avenue,
I PUD Amendment
c. Highway 96
I 1. Lexington A venue Intersection Plans/Cost Participation
2. Signal Agreement
3. Alignment of Roadway
I d. Chapter 3 Municipal Code Review
e. Ramsey County GIS Users Group, Joint Powers Agreement
fI f. Committee Appointments
(continued)
I
I
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AGENDA - PAGE TWO
-
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ARDEN HILLS CITY COUNCIL MEETING
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, FEBRUARY 10, 1997,7:30 P.M. ~
9:00 P.M. 7. Administrator Comments
9:10 P.M. 8. Council Comments I~
9:20 P.M. 9. Adjourn I
The above time may vary depending upon length of issue discussion.
1
ITEMS PENDING OR UNDER STUDY FOR FURTHER COUNCIL CONSIDERATION I
DEPARTMENT ANTICIPATED I
ITEM RESPONSIBILITY AGENDA DATE
L Order Assessment Hearing, Administration 2/24/97 -
1997 Street Improvements
2. Assessment Hearing, Administration 3/31/97
1997 Street Improvements I
Februarv Meetings March Meetings I
February 5 Planning Commission 7:30 P.M. March 5 Planning Commission 7:30 P.M.
February 10 Council Meetiug 7:30 P.M. March 10 Council Meeting 7:30 P,M. I
February 18 Couucil Worksession CANCEL March 17 Council Worksession 4:45 P.M. I
February 19 Business Relations 8:00 A.M, March 19 Business Relations 8:00 A.M,
Committee Committee I
.
February 20 Finance Committee 7:30 P.M. March 20 Finance Committee 7:30 P.M.
February 24 Council Meeting 7:30 P.M, March 20 Public Safety 7:30 P.M. I
Commission
February 25 Parks & Recreation 7:00 P.M.
Commission March 25 Parks & Recreation 7:00 P,M. I
Commission
February 26 Newsletter Committee 6:00 P.M.
March 26 Newsletter Committee 6:00 P.M. ..
March 31 Council Meeting 7:30 P.M,
I
, -
~
-
arden96,doc
- Agreement 97007
I. January 28, 1997
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH THE CITY OF ARDEN HILLS
I Agreement between Ramsey County Account 47570
. the County of Ramsey Ramsey County SAP 62-696-04 CTB
and the City of Arden Hills
I Reconstruction of Highway 96
between Lexington Avenue and Mackubin Street
I Attachments:
Exhibit A -- Estimated Cost Participation
I Summary
THIS AGREEMENT, by and between the City of Arden Hills, Minnesota, a municipal
I corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State
of Minnesota, hereinafter referred to as the "County";
.. WITNESSETH:
WHEREAS, the County and the City desire to reconstruct Highway 96 (CSAH 96) between
I Lexington A venue and Mackubin Street; and
I WHEREAS, this segment of Highway 96 has been designated by the Minnesota Department of
Transportation as eligible for funds from the County State Aid Highway Tumback Account; and
I WHEREAS, this segment of Highway 96 has been designated as Statc Aid Project
62-696-04 C.T.B.; and
I WHEREAS, the subject road segment is located within the Cities of Arden Hills and Arden
Hills; and
I WHEREAS, plans for S.A.P. 62-696,04 C.T.B.showing proposed alignment profiles, grades and
cross sections for the improvement of CSAH 96 within the limits of the City as a County State Aid
Highway Turnback project have becn prcsented to the City; and
I WHEREAS, the project includes, in addition to other things, grading, paving, concrete curb and
gutters, storm sewer, sidewalk, turf establishment, landscaping, and utility adjustments and betterments;
I and
" WHEREAS, the grading provisions require acquisition of certain right of way and temporary
construction and slope casements prior to construction; and
I 95010- t
" , .
-
WHEREAS, the Minnesota Department of Transportation has determined the storm sewer is
eligible for State Aid funds. -
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: .
1. The County shall prepare the necessary plans, specifications and proposals. Cost of project revisions I
after completion of plans and specifications will be paid for by the party requesting the revisions or I
as defined by supplemental agreement. Revisions must be consistent ,vith State Aid requirements
and are subject to County approval.
2, The County shall take bids, and with concurrence of the City, award a contract for the construction of I
this subject project; the County shall perform the construction inspection; the City shall assist the
County in the inspection of City utilities and landscape features. The City shall take primary I
responsibility for inspection of utility betterments, specialty landscape features, and other amenities
paid for and owned by the City.
3. The County shall administer the acquisition of all rights of way and easements required for the I
constmction of the project. The County shall provide all compensation to property owners for
acquired rights of way and easements. I
4. All County road rights of way and temporary easements will be in the name of the County, and
parking and other regulations will be controlled by the County. Any rights of way which cannot be I
negotiated will be acquired through eminent domain proceedings by the County.
5. The County and City shall participate in the costs of construction in accordance with the Estimated .1
Cost Participation Summary, attached as Exhibit A and incorporated herein, except as modified
below.
6. The County and City shall participate in the costs of storm sewer constmction to the extent identified I
by the Mn/DOT Hydraulics Engineer's Memorandum on storm sewer cost participation percentages.
7. Upon completion of the project the County shall own and maintain all storm sewer catch basins, I
leads and outfalls which are located within County road rights of way and direetly serve the paved I
portion of Highway 96 or interseeting County roadways, The City shall own and maintain, within its
political boundaries, all stom1 sewer tmnk lines and storm sewer laterals servicing property outside
the paved portion of Highway 96 or intersecting County Roadways. It is acknowledged that I
detention and sedimentation ponds constmcted in the City of Shoreview serve a watershed function.
Shoreview shall own and maintain both pond areas. However, maintenance and operations costs
associated with the two pond areas constmcted as part of this project shall be shared by Ramsey I
County, the City of Arden Hills, and the City of Shoreview commensurate with their respective
contributing watershed areas, weighted to reOect an appropriate mnoff coeficient. Respective cost
share perccntages for Pond Number 4 (Pond A) shall be 33% County, 3% Arden Hills, and 64 % I
Shoreview. Respective cost share percentages for Pond Number 5 (Pond B) shall be 66% County,
0% Arden Hills, and 34% Shoreview. Shoreview committment to this cost share provision shall be
included in County Agreement 97001 between Ramsey County and Shoreview. I
8. Upon completion of the projeet, ownership and maintenance of the sidewalk shall become the ..
responsibility of the City.
95010- 2 I
,- --. --
-
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I. 9. Upon completion of the project, the City shall own, maintain, and replace as needed all specialty
landscape features as identified in Cost Participation Group or as later constructed by the City by
I separate eontract.such as. Any modifications to those materials shaJj be subject to County approval.
I 10. Any utilities or facilities modified or added to those provisions presently made in the plans and
specifications may be incorporated in the construction contract by supplemental agreement and shaJj
be paid for as specified in the supplemental agreement. Design and construction engineering fees for
I additions shall be negotiated at the time of supplemental agreement preparation.
11. The City shall reimburse the County for actual engineering costs ineurred on its share of projeet
I design and administration, a,s set forth in Exhibit A, as a preliminary engineering fee. The City share
shall be identified in partial eost estimates prepared by the County up to the time of eontract award.
The preliminary engineering cost borne by the City, as a percentage of its share of construction costs
I minus utility betterments, as determined at thc time of contract award, shall not exceed the maximum
percentage allowed the County by State Aid. The preliminary engineering fee borne by the City on
utility betterments shall be 2% of construction costs, as determined at the time of contract award.
I 12. The City shaJj reimburse the County for actual engineering costs incurred on its share of project
constmction, as set forth in Exhibit A, as a construction engineering fee. The constmction
I engineering fee borne by the City, as a percentage of its share of construction costs, minus utility
betterments and the City share of specialty landscape treatments as determined by final contract
amounts, shall not exceed the maximum percentage allowed the County by State Aid. The
I. constmction engineering fee borne by the City on utility betterments and its share of other median
landscape treatments shall be 2% of construction costs, as determined by final contract amounts.
I 13. Throughout project design and constmction, the County shall prepare partial cost and payment
estimates for preliminary engineering fees, construction costs, and construction engineering fees and,
I at appropriate intervals, notify the City of its share of the costs for the City's items of work. City shall
pay its share of engineering fees and construction costs within twenty-one calendar days of receipt of
County invoice.
I 14. The City shall pay to the County all additional remaining costs for its share of the work upon
notification by the County of the final amounts due to the contractor.
I 15. All payments by the City shall be to the Treasurer of Ramsey County, Minnesota.
I 16. City and the County agree to indemnify each other and hold each other harmless from any and all
claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including. but
not limited to, interest invol ved therein and attomeys' fees and costs and expenses connected
I therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this
agreement or for damages caused to third parties as a result of the manner in which the City or the
County perform or fail to perform duties imposed on each pa11y by the terms of this agreement.
I Nothing herein will constitute a waiver of limitations of liability available at Minnesota Statute
Chapter 466 and other applicable law,
~
I 95010-3
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. -
.l
CITY OF ARDEN HILLS, THE COUNTY OF RAMSEY
MINNESOTA I
By: By: I
Chairperson
Its Board of County Commissioners
I
By: Attest:
Chief Clerk,County Board I
Its
Date: Date: I
Approved as to Form:
I
Assistant County Attorney I
Risk Management .1
I
Recommended for Approval:
I
Paul L. Kirkwold, P.E. I
Director and County Engineer I
I
I
I
..
95010- 4 I
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- ESTIMATED COST PARTICIPAT[O~ SUMMARY PRINTED: 28-Jan-97
- I
GROUP 1 . E~GI~EER'S ESTIMATE AND COST PARTICIPATION
~ 4IIIIlROJECT: C.S.A.H. 96
FROH LEXINGTON AVE. TO MACKUBIN ST. GROOP 1
II S.A.P.62'696'04C.T.B., M.S.A.P. RA>lSEY COU~TY
DATE: JA~UARY 20, 1997 S.A.P. 62.696.04 C.T.B.
UNIT TOTAL
ITEM NO. CONTRACT ITEH U~ ITS PRICE QUANT ITY OUMH I TY AMOONT
=~==========================================================================================================================
I 2021.501 MOBllIZATION LS $200,000.00 1 0.8 $160,000.00
0015.601 COHPUTER EQUIPMENT LS $51000.00 1 1 $5,000.00
2031.501 FJELD OFFICE TYPE D EACH $5,000.00 1 1 $5,000.00
I 2101.501 CLEARING ha $5,000.00 0.387 0 $1,935.00
2101. 502 CLEARING TREE $125.00 93 93 $11,625.00
2101.506 GRUBBING ha $5,000.00 0.387 0 $1,935.00
2101.507 GRUBBING TREE $125.00 93 93 $11,625.00
2102.502 PAVEMENT MARKING REMOVAL m $1.50 9000 9000 $13,500.00
I 2103.501 BU[LOING REMOVAL LS $10,000.00 1 1 $10,000.00
2103.505 DISCONNECT SE~ER SERVICE EACH $1,000.00 1 1 $1,000.00
2103.507 DISCONNECT YATER SERV[CE EACH $1,000.00 1 1 $1,000.00
2104.501 REMOVE RCP SE~ER PIPE (STORM) m $21.00 213 213 $4,473.00
I 210/..501 REMOVE RCP PIPE CULVERTS m $18.00 500 500 $9,000.00
2104.501 REMOVE eM? PIPE CULVERTS m $12.00 300 300 $3,600.00
2104.501 REMOVE CURB & GUTTER m $9.00 470 470 $4,230.00
2104.501 REMOVE TIMBER RETAINING UALl m $30.00 60 60 $1,800.00
2104.501 REMOVE CABLE GUARD RAIL m $5.00 225 225 $1,125.00
I 2104.501 REMOVE ~ATERMAIN m '15.00 24 20 $300.00
2104.505 REMOVE CONCRETE FLUME m2 $7.50 105 105 $787. SO
2104.505 REMOVE CONCRETE ~ALK m2 $5.00 36 36 $180.00
2104.505 REMOVE BITUMINOUS ~ALK m2 $4.50 209 209 $940.50
I 2104.505 REMOVE B!TUMINOUS PAVEMENT m2 '1.10 45867 45867 $50,453.70
2104.505 REMOVE CONCRETE MEDIAN m2 $7.50 257 257 $1,927.50
2104.509 REMOVE ~EN PLANTER EACH $200.00 1 1 $200.00
2104.509 REMOVE CONCRETE HEAD~ALL STRUCTURE EACH $750,00 1 1 $750.00
2104.509 REMOVE CATCH BASIN EACH $300.00 14 14 $4,200.00
1.2104.509 REMOVE SIGNAL FOUNDATION EACH $300.00 6 6 $1,800.00
2104.509 REMOVE ~EN LIGHT STANDARD EACH $300.00 2 2 $600.00
2104.509 REMOVE RC APRON EACH $50.00 48 48 $2,400.00
2104.509 REMOVE HAND HOLES EACH $50.00 8 8 '400.00
I 2104.509 REMOVE ANCHORAGE ASSEMBLY - CABLE EACH $100.00 2 2 .200.00
2104.509 REMOVE CM? APRON EACH $15.00 64 64 $960.00
2104.511 SA~ING CONCRETE PAVEMENT (FULL DEPTH) m $14.00 6 6 $84.00
2104,513 SA~ING BITUM1NOUS PAVEMENT (FULL DEPTH) m S4 .75 322 322 $1,529.50
2104.523 SALVAGE DELINEATOR POST EACH $4 .75 SO SO $237.50
I 2104.523 SALVAGE HYDRANT EACH $800.00 5 5 $4,000.00 '
2104.523 SALVAGE SIGN TYPE C EACH $30.00 72 72 $2,160.00
2104.523 SALVAGE SIGN TYPE 0 EACH $50.00 5 5 $250.00
2104.523 SALVAGE MAST ARM EACH $500.00 6 6 $3,000.00
I 2104.523 SALVAGE GATE VALVE AND BOX EACH $500.00 5 5 $2,500.00
2104.523 SALVAGE SIGNAL CABINET EACH $200.00 1 1 $200.00
2104.523 SALVAGE DIP FLAP GATE EACH $200.00 1 1 $200.00
2104.523 SALVAGE MARQUEE SIGN EACH $200.00 1 1 $200.00
2104.525 ABANDON AND SEAL ~ELL SHAFT EACH $1,500.00 1 1 $1,500.00
I 0104.601 CONSTRUCT SURVEY MONUMENT MANHOLE EACH $11000.00 3 3 $3,000.00
0104.603 SALVAGE MODULAR BLOCK RETAINING ~ALL m2 $45.00 35 35 $1,575.00
0104.607 HAUL SALVAGED MATERlAL LS $1,000.00 1 1 $1,000.00
0123.601 STREET S~EEPER (~ITH PICKUP BROOM) HOUR $60.00 100 100 $6,000.00
I 2105.501 COHMON EXCAVATION rril $3.25 92237 92237 $299,770.25
2105.505 MUCK EXCAVATIOH (EV) rril $4.00 5000 5000 $20,000.00
2105.522 SELECT GRA~ULAR BORROY (CV) rril $7.50 40160 40160 '301,200.00
2105.523 Ca.\MON BORR()l,.j (LV) rril $4.00 8900 8900 $35,600.00
2130.501 l,JATER m3 $12.50 500 500 $6,250.00
I 2211.503 AGGREGATE BASE (CV), CLASS 5 rril $18.00 15470 15470 $278,460.00
2301.502 CONCRETE PAVEMENT STD. ~IDTH 200 MM m2 $8.50 46790 46790 $397,715.00
2301.503 CONCRETE PAVEME~T IRREGULAR ~IOTH 200 MM m2 $14.50 7470 7470 $108,315.00
2301.513 STRUCTURAL CONCRETE HIGH EARLY rril $70.00 10852 10852 $7S9.640~OO
2301.513 STRUCTURAL CONCRETE HIGH EARLY - COLORED rril $100.00 11>4.1 11>4 $18,410.00
I 2301. 529 REINFORCEMENT BAR (EPOXY COATED) kg $1.75 36000 36000 $63,000.00
2301.538 OOllEL BAR EACH $3.50 36000 36000 $126,000.00
t- 2301.545 CONCRETE CORING EACH $60.00 10 10 $600.00
0301.603 CONCRETE PAVEHE~T SPECIAL m2 $20.00 920.7 921 $18,414.00
0301.604 PERMANENT HEADER m $iOO.OO 216 216 $21,600.00
0331.601 TYPE 41 S[T. MIXTURE FOR DRIVE~AY-PRIVATE m2 $18.00 250 250 $4,500.00
2340.508 TYPE 41 ~EARING COURSE MIXTURE t $30,00 300 300 $9,000.00
I PAGE 1 RAMSEY COUNTY PUBLIC VORKS ESTIMATE.'.IlC'3
--------- - -..----------
-
ESTIMATED COST PARTIC[PATIO~ SUMMARY PRI~TED: 28-Jan-97
, -
I
2340.510 TYPE 31 BINDER COURSE MIXTURE t $28.00 2272 2272 563,616.00 -
2340.512 TYPE 31 LEVELING COURSE MIXTURE t $28.00 340 340 $9,520.00
2340.514 TYPE 31 BASE COURSE MIXTURE t $26.00 805 805 $20,930.00 ~
2340.518 TYPE 41 BIT MIXTURE FOR DRIVE~AY t $32.00 300 300 $9,6Q0.00.
2357.502 BITUMI~OUS MATERIAL FOR TACK COAT I $0.30 3600 3600 $1,080.00
0411.603 MOOULAR BLOCK RETAINING ~ALL m2 $130.00 1000 1000 $130,000.00 II
0412.602 RELOCATE MAILBOX EACH 560.00 25 25 $1,500.00
2501.511 375 mm CM PIPE CULVERT m $30.00 80 80 $2,400.00
2501.515 375 mm CM PIPE APRON EACH $150.00 16 16 $2,400.00
2502.541 100 rom PERF. PVC P1PE DRAIN m $28.00 1200 1200 $33,600.00 II
2503.511 200 mm PVC SOR 35 PIPE SE~ER m $100.00 10 10 $1,000.00
0503.602 CO~STRUCT BULKHEAD EACH $200.00 1 1 $200.00
0503.603 450 mm STEEL CASING PIPE m $260.00 30 30 $7,800.00
0503.603 450 mm SPLIT STEEL CASIHG PIPE m $300.00 45 45 $13,500.00
0504.602 HYDRANT EACH $1,700,00 5 5 $8,500.00 I
0504.602 600mm X 150mm ~ET-TAP ~/ GATE VALVE & BOX EACH $3,500.00 5 5 $17,500.00
0504.602 ADJUST VALVE BOX EACH $200.00 15 15 $3,000.00
0504.602 ADJUST CURB STOP BOX EACH $150.00 22 22 $3,300.00
0504.603 VALVE BOX EXTENSION m $450.00 4 4 $1,800.00 II
0504.603 RAISE HYDRANT m $500.00 4 4 $2,000.00
0504.603 150 nrn ~ATERMAI~ DUCTILE IRON CL. 52 m $80.00 8 8 $&10.00
0504.605 75mm POLYSTYRENE INSULATION m2 $25.00 60 60 $11500.00
0504.620 DUCTILE IRON FITTINGS KG $5.00 270 270 $1,350.00
2506.511 RECONSTRUCT MANHOLE m $450.00 45 45 $201250.00 I
2506.522 ADJUST MAhi!OlE EACH $250.00 10 10 $2,500.00
2521.501 100 rom CONCRETE ~ALK m2 $21.50 3800 3800 $81,700.00
2521.501 150 mm CONCRETE ~ALK m2 $36.00 335 335 $12,060.00
2521.511 75 mm BITUMINOUS ~ALK m2 $11.00 500 500 $5,500.00 I
0521.602 100 rom CONCRETE ~ALK ~ SPECIAL m2 $35.00 2625.6 2625.6 $91,896.00
2531.501 CONCRETE CURB & GUTTER DESIGN 8424 MOD A m $26.00 8230 8230 $213,980.00
2531.501 CONCRETE CURB & GUTTER DESIGN B624 m $26.00 570 570 $14,820.00
2531. 501 CONCRETE CURB & GUTTER DESIGN 8618 m $22.00 260 260 $5,720. DO
2531.507 200 mm CONCRETE DRIVE~AY PAVEMENT m2 $45.00 242 242 $10,890.00 II
0531.602 CONCRETE MEDIAN NOSE DESIGN M7109 EACH $200.00 14 14 $2,800.00
0531.602 CONCRETE PEOESTRIA~ RAMP TYPE A EACH $500.00 12 12 $6,000.00
0531.602 CONCRETE PEDESTRIAN RAMP - SPECIAL EACH $1,000.00 14 14 $11.,000.00
2545.531 #14 CONDUCTOR m $1.25 1915 1915 $2,393.75 I
2550.532 FIBER OPTIC CABLE 6 CONDUCTOR m $10.00 1915 1915 $19,150.00.
0554.603 ~ATER FILLED BARRIER m $32.00 984 984 $31,488.00
0554.603 RELOCATE ~ATER FILLED BARRIER m $10.00 238 238 $2,380.00
0557.603 ~ FENCE 1.8m HIGH m $50.00 155 155 $7,750.00
0563.601 TRAFFIC CONTROL LS $110,000.00 1 1 $110,000.00 1
0563.603 RAISED PAVEMENT MARKER TEMPORARY EACH $2.00 1000 1000 $2,000.00
2564.531 F&I SIGN PANEL TYPE C m2 $135.00 89 89 $20,915.00
2564.531 F&l SIGH PANEL TYPE 0 m2 $280.00 14.86 14.86 $4,160.80
0564.602 PAVEMENT HESSAGE TYPE 1 (Ll ARR~) PAINT EACH $35.00 4 4 $140.00 II
0564.602 PAVEMENT MESSAGE TYPE 1 (LT ARR~) EPOXY EACH $110.00 30 30 $3,300.00
0564.602 PAVEMENT MESSAGE TYPE 1 (RT ARR~) EPOXY EACH $110.00 28 28 $3,080.00
0564.603 100 mm SOLID LINE ~HITE - PAINT m $0.60 5840 5840 $3,504.00
0564 .603 100 mm SOLID LINE ~HITE ~ EPOXY m $1.50 5651 5651 $8,476.50
0564.603 100 mm BROKEN LINE ~HITE - EPOXY m $1. 50 336 336 $504.00 II
0564.603 600 rnn SOLID LlNE ~HITE ~ EPOXY m $10.00 200 200 $2,000.00
0564.603 100 mm DOUBLE SOLID lINE YELL~ - PAINT m $1.20 2240 2240 $2,6&\.00
0564.603 100 mm DOUBLE SOLID lINE YELL~ - EPOXY m $3.00 749 749 $2,247.00
0564.603 600 mm SOLID LINE YEll~ - PAINT m $4.00 236 236 $944.00 I
0564 .603 200 rom DOTTED LINE ~HITE - EPOXY m $1.25 50 50 562.50
0564.604 CROSS~ALK MARKING - EPOXY m2 $36.00 144 144 $5,184.00
0565.602 CONCRETE HANDHOLE EACH $475.00 25 25 $11,875.00
0565.603 50 MM NON METALLIC CONDU[T - INTERCONN m $8.00 1915 1915 $15,320.00
0565.603 100 MM RIGID STEEL CONDUIT m $50.00 80 80 $4,000.00 I
0565.604 AUTOMATIC TRAFFIC RECORDER SYSTEM SYSTEM $4,000.00 1 1 $f.,000.00
0565.604 TEMPORARY SlGNAL SYSTEM SYSTEM $40,000.00 1 1 $40,000.00
2571.501 COLORADO GREEN SPRUCE, 2.4m HT, B&B TREE $300.00 54 54 $16,200.00
2571.501 COLORADO GREEN SPRUCE, 3.0m HTI e&a TREE $350.00 8 8 $2,800.00 II
2571. 501 COLORADO GREEN SPRUCE, 3.6m HI, B&B TREE $400.00 7 7 $2,800.00
2571. 501 COLORADO GREEN SPRUCE, 4.2m HT, ate TREE $500.00 11 11 $5,500.00
2571.501 NOR~AY PINE, 2.4m HT, 8&B TREE $300.00 12 12 $3,600.00
2571.502 RED OAK, 65mm CAL, B&a TREE $300.00 6 6 $1,800.00
2571.502 SUAMP ~HITE OAK, 75mm CAL, B&B TREE $300.00 42 42 $12,600.00 I
2571.502 HACKBERRY, 6Smm CAL, a&B TREE $250.00 112 112 $28,000.00
2571. 502 PATMORE GREEN ASH, 65mm CAL, B&B TREE $250.00 102 102 $25,500.00
2571.502 EMERALD LUSTRE NOR~AY MAPLE, 65mm CAL, 8&B TREE $250.00 85 85 $21,250.00__
2571. 502 EMERALO QUEEN NOR~AY MAPLE, 65mm CAL, B&B TREE $250.00 72 72 $18,000.00
2571. 502 CRIMSON KING ~OR~AY MAPLE, 65mm CAL, B&B TREE $250.00 58 58 $14,500.00
PAGE 2 RAMSEY COUNTY PUBLIC ~QRKS ESTIMATE.\.JK3
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- ESTIMATED COST PARTICIPATION SUMMARY PRINTED: 28-Jan-97
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2571. 503 HER IT AGE RIVER BIRCH, 2.4m B & B TREE $225.00 42 42 $9,450.00
2571,503 JAPANESE TREE LILAC, 2.4m B & B TREE $225.00 18 18 $4,050.00
" .571.503 RED SPLE~OOR CRAB, 2.1 m, B & B TREE $225.00 12 12 $2,700.00
571.503 GREEN ASH, 2.4 m, a & B TREE $225.00 5 5 $1,125.00
II 2571.505 SilKY DOG~, 1.2m, CONT. SHRUB $45.00 12 12 $540.00
2571.505 CARDINAL RED OSIER OOG~, 1.2m, CONT. SHRUB $45.00 25 25 $1,125.00
2571. 505 NANWYBERRY VIBURNUM, 1.2m, COWT. SHRUB $45.00 13 13 $585.00
2571.505 SMOOTH SUMAC, 1.2m, COHT. SHRUB $45.00 15 15 $675 .00
I 2571.505 BLACK CHOKE CHERRY, 1.0m, CONT. SHRUB $45.00 27 27 $1,215.00
2573.501 BALE CHECK EACH $6.00 300 300 $1,800.00
2573.503 SILT FEWCE, TYPE PREASSEMBLEO m $5.00 3180 3180 $15,900.00
2575.501 SEEDING ha $160.00 3.5 3.5 $560.00
2575.502 SEED, MIXTURE 250 kg $30.00 50 50 $1,500.00
I 2575.502 SEED, MIXTURE 500 kg $4.00 50 50 $200.00
2575.502 SEED, MIXTURE 700 kg $5.00 75 75 $375 .00
2575 .505 SOODING, TYPE LA~N m2 $1.80 32500 32500 $58,500.00
2575.505 SODDING, TYPE EROSION m2 $1.50 250 250 $375.00
I 2575.511 MULCH MATERIAL, TYPE 1 t S105.00 15.75 15.75 $1,653.75
2575.519 DISK AWCHORIWG ha $75.00 3.5 3.5 $262.50
2575.523 TURF ESTABLISHMENT BLANKET TYPE STRA~ m2 $1. 50 1500 1500 $2,250.00
2575 .532 COMMERCIAL FERT, AWALYSIS 10-20-20 kg $0.75 3027.5 3027.5 $2,270.63
2581. 50 1 100mm REM. PREF. PLASTIC MARK.SOLIO ~HITE m $4.00 6200 6200 $24,800.00
I 2581.501 100mm REM. PREf. PLASTIC MARK-DBL YEllOY m $8.00 2400 2400 $19,200.00
0581.602 PAVEMENT MESSAGE (LT ARROJ) REM POLY PREF EACH S250.00 4 4 $1,000.00
============================================================================================================================
I GROJP 1 TOTAL = $4,239,933.88
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I PAGE 3 RAMSEY COUNTY PUBLIC ~RKS ESTI"ATE.~K3
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ESTIMATED COST PARTICIPATION SUMMARY PRINTED: 28-~an-97 -
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GROUP 2 . ENGINEER'S ESTIMATE AND COST PARTICIPATION -
PROJECT: C.S.A.H. 96 GRClJP 2
FROM LEXINGTON AVE. TO MACKUBIN ST. STORM SEUER e.,
S.A.P.62.696.04C.T.S., M.S.A.P. 78% SAP 62-696.04 CTS
20% CITY OF SHOREVIE~
OATE: JANUARY 20, 1997 2% CITY OF AROEN HilLS
UNIT TOTAL
ITEM NO. CONTRACT ITEM U~IT PRICE QUANT I TY QUANTITY AMOONT
============================================================================================================================
2021.501 MOBILIZATION lS $200,000.00 1 0.15 $30,000.00 I
2105.501 COMMON EXCAVATION m3 $3.25 27326 27326 $88,809.50
2105.505 MUCK EXCAVATION (EV) m3 $4.00 6324 6324 $25,296.00
2501.511 450 mm eM PIPE CULVERT m $45.00 42 42 $1,890.00 I
2501.515 450 mm CM PIPE APRON EACH $250.00 2 2 $500.00
2501.515 375 mm RC PIPE APRON EACH $300.00 4 4 $1,200.00
2501.515 450 mm RC PIPE APRON EACH $400.00 3 3 $1,200.00
2501.515 600 mm RC PIPE APRON EACH $600.00 5 5 $3,000.00
2501.515 1200 mm RC PIPE APRON EACH $1,200.00 I 1 $1,200.00 I
2501.515 1500 mm RC PIPE APRON EACH $1,500.00 I 1 $1,500.00
0501.602 TRASH GUARD FOR 375 mm APRON EACH $150.00 4 4 $600.00
0501.602 TRASH GUARD FOR 450 mm APRON EACH $200.00 3 3 $600.00
0501.602 TRASH GUARD fOR 600 mm APRON EACH $400.00 5 5 $2,000.00 I
0501.602 TRASH GUARD FOR 1200 nTll APRON EACH $1,000.00 1 1 $1,000.00
0501.602 TRASH GUARO FOR 1500 mm APRON EACH $1,200.00 1 1 $1,200.00
2503.511 525 mm OUCTILE IRON PIPE SE~ER CL 50 m $180.00 32 32 $5,760.00
2503.511 600 mm DUCTILE IRON PIPE SE~ER CL 50 m $225.00 25 25 $5,625.00
2503.541 375 mm RC PIPE SE~ER DESIGN 3006 CL V m $80.00 1136 1136 $90,880.00 I
2503.541 450 mm RC PIPE SE~ER DESIGN 3006 CL V m $90.00 320 320 $28,800.00
2503.541 525 rom RC PIPE SEUER DeSIGN 3006 CL III m $95.00 320.8 320.8 $30,476.00
2503.541 600 mm RC PIPE SE~,R OESIGN 3006 CL III m $105.00 205.6 205.6 $21,588.00
2503.541 675 mm RC PIPE SE~ER DESIGN 3006 CL ]11 m $120.00 176.2 176.2 $21,144.00 I
2503.541 750 rom RC P[PE SEUER DESIGN 3006 Cl III m $130.00 146.5 146.5 $19,045.00
2503.541 900 mm RC PIPE SE~ER DESIGN 3006 CL IV m $210.00 658.3 658.3 $138,243.00
2503.541 1050 mm RC PIPE SE~ER OESIGN 3006 CL IV m $325.00 255.7 255.7 $83,102.50
2503.541 1200 rom RC PIPE SEYER DESIGN 3006 Cl II! m $400.00 100.1 100.1 $40,040.00
2503.541 1350 mm RC PIPE SE~ER OESIGN 3006 CL III m S500.00 96.6 96.6 $48,300.00el
2503.541 1500 mm RC PIPE SE~ER DESIGN 3006 CL IV m $600.00 97.3 97.3 $58,380.00
0503.602 CONNECT TO EXISTING STORM SEUER EACH $750.00 7 7 $5,250.00
0503.602 CONNECT TO EXISTI~G SANITARY SE~,R EACH $500,00 1 1 $500.00
0503.602 CONSTRUCT BULKHEAD EACH $200.00 2 2 $400.00 I
2506.501 CONSTRUCT DRAINAGE STRUCTURE DSGN 48-4020 m $500.00 163.9 163.9 $81,950.00
2506.501 CONSTRUCT ORAINAGE STRUCTURE DSGN 60.4020 m $800.00 15.3 15.3 $12,240.00
2506.501 CONSTRUCT DRAINAGE STRUCTURE DSGN 72-4020 m $975.00 16.7 16.7 $16,282.50
2506.501 CONSTRUCT DRAINAGE STRUCTURE OSGN 84~4020 m $1,200.00 19 19 $22,800.00 .
2506.501 CONSTRUCT DRAINAGE STRUCTURE DSGN 96-4020 m $1,700.00 5.6 5.6 $9,520.00 I
2506.501 CONSTRUCT DRAINAGE STRUCTURE DSGN H m $450.00 50.7 50.7 $22,815.00
2506.502 CONSTRUCT DRAINAGE STRUCTURE DSGN SP-1 EACH $4,500.00 2 2 $9,000.00
2506.516 CASTING ASSEMBLY EACH $300.00 142 142 $42,600.00
2511.501 RANDOM RIPRAP CLASS lIt m3 $70.00 35 35 $2,450.00 I
============================================================================================================================
PERCENTAGES BASeD ON ESTIMATE. MN/DOT HYDRAULIC GROOP 2 TOTAL = $977,186.50
REVIE~ IN PROGRESS
78% S.A.P.62.696-04 CTB . $762,205.47 I
20% CITY Of SHOREVIE~ . $195,437.30
2% CITY OF AROE~ HILLS . $19,543.73
===============================================
GROUP 2 TOTAL . $977,186.50 I
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PAGE 4 RAMSEY COONTY PUBLIC UORKS ESTIMATE.~l
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- ESTI~ATEO COST PARTICIPATIOH SUMMARY PR[HTED: 28~Jan"~~
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) GROUP 3 - EHGIHEER'S ESTIMATE AND COST PARTICIPATIOH
PROJECT, COUHTY ROAD G (FORMERLY T.H. 96)
e FROM LEXINGTON AVE. TO MACKUBIN ST.
S.A.P.62-696.04C.T.B., M.S.A.P. GROUP 3
I DATE' JANUARY 20, 1997 100X CITY OF SHOREVIE~
UNIT TOTAL
ITEM NO. CONTRACT ITEM UNIT PRICE QUANT ITY QUANllTY AMOUNT
I ============================================================================================================================
2021.501 MOBILIZATION LS $200,000.00 1 0.05 $10,000.00
2104.501 REMOVE DIP PIPE SE~ER m $20.00 110 110 $2,200.00
2104.501 REMOVE ~ATER~lN m $15.00 24 4 $60.00
I 2104.501 REMOVE ~ATERMAIN SERVICE LEAD m $12.00 120 120 $1,440.00
2104.523 SALVAGE HYDRANT EACH $SOO.OO 3 3 $2,400.00
2104.523 SALVAGE GATE VALVE AND BOX EACH $500.00 6 6 $3,000.00
2104.525 ABANDON ~ATERMAIN m $4.00 365 365 $1,460.00
I 0433.605 RECONSTRUCT PILE CAP EACH $500.00 16 16 $8,000.00
0503.6(12 JOINT TEST & SEAL EACH $10.00 200 200 $2,000.00
0503.602 RECONSTRUCT MANHOLE INVERT EACH $250.00 1 1 $250.00
0503.603 SE~ER MAIN CLEANING m $7.50 900 900 $6,750.00
0503.603 225mm SANITARY SE~ER SPOT REPAIR m $225.00 10 10 $2,250.00
I 0503.603 250 mm SANITARY SE~ER SPOT REPAIR m $250.00 3 3 $750.00
0503.603 200 mm DUCTILE IRON PIPE SE~ER CL 52 m $110.00 110 110 $12,100.00
0504.602 CONNECT TO EXISTING CURB BOX EACH $200.00 8 8 $1,600.00
0504.602 HYDRANT EACH $1,700.00 5 5 $S,500.00
I 0504.602 150 mm GATE VALVE AND BOX EACH $500.00 5 5 $2,500.00
0504.602 200 mm GATE VALVE AND BOX EACH $750.00 2 2 $1,500.00
0504.602 25 mm CURB STOP & BOX EACH $100.00 I 1 $100.00
0504.602 600mm X 200mm ~ET-TA? ~/ GATE VALVE & BOX EACH $4,000.00 I 1 $4,000,00
0504.602 30Dmm X 200mm UET.TAP u/ GATE VALVE & BOX EACH $1,500.00 1 1 $1,500.00
I 0504.602 CONST. KANHOlE OVER EXIST. 600mm VALVE EACH $2,500.00 4 4 S10/000.00
0504.602 IRRIGATION SERVICE TAP ~ITH BOX EACH $750.00 2 2 $1,500.00
0504.603 150 mm UATERHAIN DUCTILE IRON CL. 52 m $80.00 28.5 28.5 $2,280.00
0504.603 200 mm ~ATERHAIN DUCTILE IRON CL. 52 m $95.00 796.5 796.5 $75,667.50
0504.603 25 mm TYPE X COPPER PIPE m $50.00 160 160 $S,OOo.OO
Ie 0504.603 100mm ?VC PIPE CASING - IRRIGATION m $20.00 741 741 $14,820.00
0504.620 DUCTILE IRON FITTINGS KG $5.00 500 500 $2,500.00
052\.602 100 mm COHCRETE ~ALK - SPECIAL m2 $35.00 700 700 $24,500.00
0565.603 50 HM RIGID STEEL COHOUIT m $36.00 741 741 $26,676.00
I ============================================================================================================================
GROUP 3 TOTAL $238,303.50
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I PA.GE 5 RAMSEY COUNTY PUBLIC ~RKS ESTlMATE.'HK3
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ESTIMATED COST PARTICIPATION SUMMARY PRINTED: 2B*Jan*97
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GROUP 4 M ENGINEER'S ESTlHATE AND COST PARTICIPATION I
-
PROJECT: COUNTY ROAD G (FORMERLY T.H. 96) GROUP 4
FROM LEXINGTON AVE. TO MACKUBIN ST. LEXINGTON AVE. SIGNAL .
S.A.P.62-696-04C.T.B., M.S.A.P. 50X SAP 62-696-04CTB e.
sox SAP 62-696-14
OATE, JANUARY 20, 1997
UNIT TOTAL
ITEM NO. CONTRACT ITEM UNlT PRICE QUANTITY QUANT lTY AMWNT
~===========================================================================================================================
2565.511 FULL TACT T CONTROL SYSTEM A SIG SYS $115,000.00 1 1 $115,000.00 .
============================================================================================================================
GROOP 4 TOTAL - $115,000.00 .
sox SAP 62-696-04CTB - $57,500.00
sox SAP 62-696-14 - $57,500.00
-----------------------------------------------
----------------------------------------------- .
GROUP 4 TOTAL - $115,000.00
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PAGE 6 RAMSEY COUNTY PUBLIC ~RKS ESTIMA TE .\JK3
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GROUP 5 - ENGINEER'S ESTIMATE AND COST PARTICIPATION
~ROJECT' COUNTY ROAD G (FORMERLY T.M. 96)
FROM LEXINGTON AVE. TO MACKUB1N ST. GROUP 5
II S.A.P.62-696-04C_T.B., M.S.A.P. VICTORIA ST. SIGNAL
67X SAP 62-696-04CTB
DATE' JANUARY 20, 1997 33X SAP 167-233-08
UNIT ToTAL
ITEM NO. CONTRACT ITEM UNIT PRICE QUANT IT T QUANT ITY AMOUNT
II ----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
2565.511 FULL TACT T CONTROL SYSTEM B SIG SYS $95,000.00 1 1 $95,000.00
0565.604 EMERGENCY VEHICLE PREEMPTION SYSTEM B SYSTEM $10,000.00 1 1 $10,000.00
II ----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
100X ~HITE BEAR T~P. GROUP 5 TOTAL - $105,000.00
67X SAP 62-696-04CTB - $70,350.00
II 33X SAP 167-233-08 - $34,650.00
-----------------------------------------------
-----------------------------------------------
GROUP 5 TOTAL - $105,000.00
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II PAGE 7 RAMSEY COUNTY PUBLIC ~RKS ESTIMATE.~K3
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eSTIMATED COST PARTICIPATION SUMMARY PRINTED: 28-J~n-97
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GROUP 6 - ENGINEER'S ESTIMATE AND COST PART[CIPATION -
PROJECT, COUNTY ROAD G (FORMERLY T.H. 96) GROUP 6
FROM LEXINGTON AVE. TO MACKUBIN ST. SOX CITY OF AROEN HILLS e.
S.A.P.62-696-04C.T_B., M.S.A.P. 50% CITY OF SHOREVIEW
OATE, JANUARY 20, 1997
UNIT TOTAL
ITEM NO. CONTRACT ITEM UNIT PRICE qUANT I TY QUANT! TY AMOUNT ----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
0565.604 EMERGENCY VEHICLE PREEMPTION SYSTEM A SYSTEM $10,000.00 1 1 $10,000.00 .
============================================================================================================================
GROUP 6 TOTAL - $10,000.00
sox CITY Of ARDEN HILLS = $5,000.00 .
50% CITY OF SHOREVIEY - $5,000.00
-----------------------------------------------
-----------------------------------------------
GROUP 6 TOTAL - $10,000.00 .
PROJECT TOTAL - $5,685,423.88
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PAGE 8 RAMSEY COUNTY PUBLfC ~RKS ESTIMATE .YK3
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ESTIMATED COST PARTICIPATION SUMMARr PRINTED: 2S.Jqn-97
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- EXHIBIT A
SUMMARY - ESTIMATE & COST PARTICIPATION
-- e PROJECT, C.S.A.H. 96
, LEXINGTON AVE TO MACKUBIN Sf.
S.A_P.62-696-04 CTB, S.A.P. 167-233-08
II RAMSEY CITY Of CITY OF CITY of RAMSEY
OATE, JANUARY 20, 1997 COUNTY SHOREVIE~ SHOREVIE~ AROEN HILLS COUNTY
SAP 6Z-696-04CTB MSAP 167-233-08 LOCAL FUNOS LOCAL FUNOS SAP 62-696-14
=======================================================================================================================
II GROOP 1 100X S.A.P. 62-696-04 CTB $4,239,933.38 .--_... .----_. .-.---. _.-----
(ROAD~A Y)
GROJP 2 STORM SE~ER-78X SAP 62-696-04CTB $762,205.47 . . ~ - -.. -..---. -....-- ___.00.
20X CITY OF SHOREVIE~ _..~--- ..-.--- $195,437.30 --..... .~--_..
2X CITY OF ARDEN HILLS ------- -..---. 0---.-. $19,543.73
II GROUP 3 100X CITY OF SHOREVIE~ --_.--- _0..--- $238,303.50 __...0- -------
GROUP 4 SOX SAP 62-696-04CTB $57,500.00 --_.--- .-.--.- .---.-. ..-.---
II SOX SAP 62-696-14 - - - ~ - -- ..----- ..----. ___._0- $57,500.00
GROUP 5 67X SAP 62-696-04CTB $70,350.00 -.--..- - ~ ~ .. -- ---.--. --~-_..
33X SAP 167-233-08 .------ $34,650.00 ------- --...-. --...-.
I GROUP 6 CITY OF AROEN HILLS -.-.--- ----_.- $5,000.00 ----... .--~---
CITY OF SHOREVIE~ .---..- ....--. ~_..._. $5,000.00 - - ~ - -..
I =======================================================================================================================
$5,129,989.35 $34,650.00 $438,740.80 $24,543.73 $57,500.00
I PROJECT TOTAL = $5,685,423.38
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PAGE 9 RAMSEY COUNTY PUBLIC ~RKS EST!MATE.\.JK3
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AGREEMENT FOR MAINTENANCE
'e OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM
AGREEMENT NO, 97008
I
I THIS AGREEMENT, made and entered into by and between the County of Ramsey,
Department of Public Works, hereinafter referred to as the "County," and the City of Arden Hills
I hereinafter referred to as "Arden Hills, and the City of Shoreview hereinafter referred to as
"Shoreview", for the maintenance of a traffic control signal system with street lights, signs,
interconnect and emergency vehicle pre-emption at the intersection of Highway 96 and Lexington
. Avenue;
WITNESSETH:
. WHEREAS, the County has determined that there is justification and it is in the public's best
. interest to install traffic control signals with street lights and signs at Highway 96 (County State Aid
Highway No. 96) and Lexington Avenue (County State Aid Highway No, 51); and
. WHEREAS, Arden Hills and Shoreview requested and the County agrees to provide an
Emergency V chicle Pre-emption System, hereinafter referred to as the "EVP System" as a part of said
traffic control signals with street lights in accordance with the terms and conditions hereinafter set
.e forth; and
WHEREAS, construction costs of the traffic control signals with street lights, signs,
. interconnect and emergency vehicle pre-emption will be shared between the County, Arden Hills and
Shoreview in accordance with a separate Ramsey County Agreement for the eonstlUction of Highway
96, State Aid Project No. 62-696-04 CTB; and
. WHEREAS, the County, Arden Hills and Shoreview will participate in the maintenance and
operation of said traffic control signals with street lights, signs, interconnect and EVP system as
. hereinafter set forth.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
. \. The County shall install or cause the installation of said traffic control signals with street
lights, signs, interconnect and EVP systcm in accordance with the plans and specification for State
. Project No, 62-696-04 CTB at Highway 96 and Lexington A venue.
2. The County shall install or cause the installation of an adequate electric power supply to the
. service pad including any necessary extensions of power lines. Upon completion of the traffic control
signals with street lights and EVP system installation, necessary electrical power for their operation
. shall be at the cost and expense of the County. In accordance with the Policy for lighting County
Roadways, County Board Resolution 78-1394, the County shall maintain and pay energy costs of the
~ integral street lights in each corner.
. 97008- 1
..J -
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3. Upon completion of the project, the County shall maintain and keep in repair all signs at its -
cost and expense. ..
4. Upon completion of the project, the County shall maintain and keep in repair the interconnect .
at its cost and expense.
5. Upon completion of the project, the County shall maintain and keep in repair the traffic I
control signal including relamping and cleaning. Arden Hills and Shoreview shall equally be
responsible to clean and paint the traffic control signal at its cost and expense. .
6. The EVP system provided for in paragraph I hereof shall be operated, maintained, revised or
removcd in accordance with the following conditions and requirements: .
a) All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by County forces, or, upon concurrence in writing by .
the County's Traffic Engineer, may be done by others all at the cost and expense of the
respective party (Arden Hills or Shoreview).
b) Emitter units may be installed and used only on vehicles responding to an emergency as .
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c) Each Tespective party shall maintain and require others using the EVP System to maintain a .
log showing the date, time and type of emergency for each time the traffic signal covered
hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall ..
be reported to the County immediately.
d) All maintenance of the EVP System shall be performed by the County. Arden Hills and I
Shoreview shall jointly be responsible for actual cost thereof. The County shall submit an
invoice to Shoreview annually, listing all labor, equipment, materials and overhead used to .
maintain the EVP System and Shoreview shall invoice Arden Hills for 50 percent of the cost.
Labor cost and overhead and equipment costs will be at the established rates paid by the
County at the time the work is performed, and material costs will be invoiced at the actual I
cost thereof to the County. Twenty-five percent (25%) of these costs will be added to the
invoice, to cover the County's cost for supervision and administration, in accordance with the
policy for Traffic Control Signal Systems, County Board Resolution 81-1001. Shoreview shall .
promptly pay the County the full amount due.
e) In the event said EVP System or components are, in the opinion of the County, being misused .
or the conditions set forth in Paragraph b above are violated, and such misuse or violation
continues after Teceipt by said party of written notice thereof from the County, the EVP
System pursuant to this paragraph, the field wiring, cabinet wiring and other components shall .
become the property of the County. All infrared detector heads and indicator lamps mounted
external to the traffic signal cabinet will be returned to the appropriate party. The detector
receiver and any other assembly located in the control signal cabinet, which if removed will .
not affect the traffic control signal operation, will be returned to the appropriate party.
--
97008- 2 I
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A. t) All timing of said EVP System shall be determined by the County, through its Traffic
Engineer.
. g) Except for the negligent acts of the County, its agents and employees engaged in the
maintenance work, Arden Hills and Shoreview shall assume all liability for, and save the
. County, its agents and employees, harmless from any and all claims for damages, actions or
causes of action arising out of the continuing uses by Arden Hills and Shoreview, and
including but not limited to the operations, use and existence of the equipment for the EVP
I System. Nothing herein shall constitute a waiver by any party of any limitations of liability
provided by Minnesota Statutes Chapter 466 or other applicable law
. 7. All timing and related adjustments of the traffic control signals shall be determined by the
County through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
I 8. Any and all persons engaged in the maintenance work to performed by the County shall not be
I considered employees of Arden Hills or Shoreview, and any and all claims that may arise under the
Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all
claims made by any third party as a consequence of any negligent act or omission on the part of those
I employees so engaged on any of the work contemplated herein shall not be the obligation and
responsibility of Arden Hills or Shoreview.
.. 9. Arden Hills and Shoreview, individually, and the County agree to defend, indemnify and hold
each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands,
costs and expenses including, but not limited to, inteTest involved therein and attorneys' fees and
. costs and expenses connected therewith, arising out of or resulting from the failure of the appropriate
City or the County to satisfy the provisions of this agreement or for damages caused to third parties as
a result of the manner in which the appropriate City or the County perform or fail to perform duties
I imposed on the respective party by the terms of this agreement. Nothing herein shall constitute a
waiver by any party of any limitations of liability provided by Minnesota Statutes Chapter 466 or
other applicable law.
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I 97008- 3
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IN WITNESS WHEREOF, the parties have hereunto affixed their signatures. ....
CITY OF ARDEN HILLS, MINNESOTA
.
In presence of By:
Its: .
By: .
Its:
Date: .
CITY OF SHOREVIEW, MINNESOTA .
In presence of By:
Its: .
By: .
Its:
Date: ..
COUNTY OF RAMSEY .
Recommended for approval:
By: .
Paul L. Kirkwold, P.E. Chairperson
Director, Ramsey County Board of County Commissioners .
Public Works Department
Approved as to Form: Attest: .
By:
Assistant County Attorney Chief Clerk-County Board I
Date: Date:
.
Ramsey County Risk Management Ramsey County Budgeting and Accounting .
Date: Date:
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97008-4 I
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, CITY OF ARDEN HILLS
,. MEMORANDUM
DATE: February 7,1997
, TO: Brian Fritsinger, City Administrator
, FROM: Dwayne Stafford, Publie Works Superintendent
SUBJECT: Highway 96 Alignment of Roadway
I Baekl!round
. On September 30, 1996, the Ramsey County Highway 96 Engineers met with Arden Manor
residents who's mobile homes could be impacted by the Highway 96 reconstruction in 1998.
The purpose of that meeting was to inform the residents who's mobile homes back up to the
I Highway 96 Right-of- Way, that their mobile homes may need to be relocated, if this is the most
practical solution of reconstructing the highway. The County decided to look for other options
and get back to the owners and residents of the park.
- Arden Manor Owner Meetin~
Since that time the Public Works Superintendent met with Jim Tolaas, the Ramsey County
-. Project Engineer on Highway 96, and Francis Husnik, the owner of Arden Manor. Mr. Husnik
wanted to work with the County and indicated his willingness to give up approximately 25 feet
along the Highway 96 Right-of-Way, if this would prevent further encroachment onto the Mobile
- Home Park. He also would be willing to consider relocation of the park entrance to line up with
a future service road on the south side, but did not see how the County could do this in a way he
I would find acceptable.
Januarv 6.1997 Meetim!
I A second meeting was held by the County for Arden Manor residents who's mobile homes could
be impacted by the re-construction of Highway 96.
I Mr. Tolaas, at this meeting provided some background on the project explaining the need for a
service road on the south side of the highway and the problems of disturbing the contaminated
wetlands. Mr. Tolaas basically said there are two options:
I Option 1 is to leave the roadway at its existing location and add the service road on the
south side. Sheeting of the wetland area would be necessary to isolate this area from the
I rest of the lake. Removing and disposing of the contaminated soils and replacing this
with clean fill would be necessary. The downside of this is the time needed to get
I permits, the problem of disposing the contaminated soils, and the danger of stirring up the
contaminates in the rest of the lake, plus the need for a mitigated wetland to replace the
eliminated wetland area.
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Option 2 is to shift the alignment of the roadway to the north, as previously discussed .
necessitating the relocation of approximately 17 mobile homes.
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Mr. Tolaas stated that if a suitable plan to move the entrance to the park could not be provided
the park entrance could be left at its current location, however the entrance would be restricted to
right turns in and right turns out only. .
Mr. Tolaas introduced Sandra Luegge to the attendees. She is a relocation specialist who's firm
was hired by the County to work on the Highway 96 project. Ms. Luegge gave a presentation .
addressing the residents rights and fielded many good questions from those attending.
The meeting was attended by 14 Arden Manor residents, Councilmember Aplikowski and Public I
Works Superintendent Mr. Stafford.
Januarv 29.1997 I
On January 29, 1997, the Arden Hills City Administrator, Community Development Director and
Public Works Superintendent met with the Highway 96 Project Engineer, Mr. Jim Tolaas and
Mr. Gary Orlich from BRW. BRW is doing the design work for the western most segment of .
Highway 96. Previously, Council had requested that the County study all options related to
realignment of the roadway in this segment.
Reali!!nment .
After further study by Ramsey County and BR W Engineers it has been determined that the most ..
viable option in reconstructing the western segment of Highway 96 would mean an alignment
shift to the north.
Attached are two (2) drawings showing the proposed shift and a new entrance into the Arden I
Manor Mobile Home Park. Drawing # I shows a wider center island which would provide room
for an additional left turn lane, if needed in the future. This would require some additional .
encroachment into the Mobile Home Park. Drawing #2 shows a narrower center island with a
single left turn lane into the Mobile Home Park. Both drawings show the proposed right-of-way,
and how it would affect several mobile homes. These drawings have been revised since shown .
to the Council earlier. The latest plan would have the proposed trail on the south side of the
highway.
Interstate Brid!!e .
The County Engineers along with BRW are still working on the bridge and ramp design. It is I
expected that a new bridge will need to be built and the ramps may be redesigned to allow for
better spacing between the exit ramps and the Arden ManorlRound Lake access point to
Highway 96. .
Costs
The cost of a new mobile home park entrance, necessary roadway changes within the park, and I
relocation costs to affected residents within the park would be paid by the County as part of the
Highway 96 Reconstruction Project. --
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I Ramsey County has described the cost participation for this project as follows:
If signalizing the Round Lake Road! Arden Manor entrance meets warrants, signals will be
.. installed during construction. This would be at a 50 percent cost to Arden Hills, which amounts
to approximately $50,000. If warrants are not met, the County recommends installing the
electrical conduit for the signals as part of the reconstruction project to prevent a need to dig up
. the road in the future. This also would be a 50 percent cost to Arden Hills or about $1,000. If
the City decides signals are necessary even though warrants are not met, the County may approve
installation; however, it would be at 100 percent cost to the City.
. The County will provide all funding for the new service road connecting the new Round Lake
Road access to Old Highway 10 and a stub out of the access for Round Lake Road. The
. connection between this stub and the existing Round Lake Road; however, would be the
responsibility of the City of Arden Hills.
. Recommendation
Ramsey County requests Councils support and approval of this plan and that the Council identify
which ofthe turn lane options the Council feels appropriate. The County also asks the City to
. authorize them to proceed as needed to implement final design of this segment.
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IIIKDI CSAH 96 Review Meeting Minutes .1
January 29, 1997
Attending ReDresentin~
Brian Fritsinger City of Arden Hills I
Kevin Ringwald City of Arden Hills
B R IV I"C. vbwayne Stafford City of Arden Hills .
Gregory Stonehouse MSA
Jim Tolaas Ramsey County
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Gary Orlich ,I _, BR\V .
The purpose of this meeting was to re\ie\\' a preliminary layout ofCSAH 96 in the I
\icinit), of Arden :\1anor and discLlss issues r~lat~d to th~ d~vdopl11ellt of this segment of
the roadway.
Major Issues discussed were as follows: .
I. Access to Arden Manor Mobile Home Park
Planning .
Transportation Access to this area is provided off CSAH 96 at the intersection located
Engineering approximately 150 m east of the ramp intersection with 1-35W. This intersection will
l'rban Design also provide access to the frontage roads to the south to serve the industrial area and to ..
connect to the east frontage road now located closer to the intersection ofTH 10. This
Thresher Square access point will also serve to connect a new street within Arden Manor. The center
700 Third Stn:et So. island design between this new intersection and the ramp terminal intersection has been
\-flnneapolis, laid out to provide a second left turn lane in the future and the right turn lane from the I
M1':S5..j,15 west has been designed to accommodate trucks entering and leaving the south frontage
612/370.0700 road.
Fax 612/370-1378 .
2. Future Right of Way Designation
Denver
!v1i\waukee It was suggested that a right of way dimension be added to the layout in the I
Minneapolis vicinity of Arden Manor to show the limits of construction and the need for snow storage
Newark and signing along the CSAH 96 roadway. This has been added to the drawing and will
Orlando be sent out to those in attendance. I
Phoenix
Portland 3. CSAH 96 Interchange Design
San Diego I
Seattle The current layout reviewed at this meeting contains a standard diamond
interchange with double left turn lanes provided on the bridge over 1-35W to
accommodate the heavy traffic mO\'ement from westbound CSAH 96 to southbound I- .
35 W in the am peak hour. After some discussion it was decided to also layout a single
point interchange due to the close proximity of intersections in the standard diamond
configuration. .
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- 4. Cross-section and Elevation on ]-35W
Ie The proposed cross-section for 1-35W under the bridge has been provided by
MnfDOT Metro Preliminary Design Staff as requested at a previous meeting held at their
office. This section was reviewed and will be incorporated into the tinal design of
Segment One.
I 5. Noise Wall along CSAH 96
The issue of providing a noise wall along the north side ofCSAH 96 adjacent to
I the Arden Manor site was discussed. Additional right of way would be needed to
accommodate the space occupied by the wall section and clearance on both sides. This
issue \vill be considered at a separate meeting to be scheduled by the City and County
I staff.
6 Benefits of Major Issues
I Each of the major issues previously discussed and the corresponding benefit are
listed as follo\\s:
a. Access to Adjacent Properties Along CSAH 96
. The preliminary layout has positioned the access point east of the ramp from
northbound 1-35\V to serve the current properties to the north and south sides, with the
intent of also ser.ing any future developments in these two locations.
I b. Future Right of Way
Ie The right of way limits shown as future on the layout will serve the existing
properties as well as future land use for the adjacent properties to CSAH 96.
. c. CSAH 96 Interchange
Consideration of a single point versus the standard diamond originally proposed
I will be a benefit to traffic operations in the interchange area and the immediate section of
CSAH 96 to the east ofI-35\V. Specifically, a single point design would provide
additional capacity for left turns at the intersection immediately east of the /Tee way.
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I cc: those attending
file 33915-002-0 I 0]
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CITY OF ARDEN HILLS
-e MEMORANDUM
DATE: February 4, 1997
-
- TO: Mayor and City Council
Brian Fritsinger, City Administrato@
- FROM:
.
SUBJECT: City Code Review, Chapter 3, Licenses and Regulations
.
. Background
. The City Council recently reviewed Chapters 1,2,4 and 5 of the revised Arden Hills municipal
code. Chapter 3 is the last chapter of those provided to the City for review by the League of
- Minnesota Cities. Hopefully, the remaining chapters of the code will be forthcoming shortly.
I In regards to Chapter 3, the City Council should note the following changes or questions. As in
previous reviews, I have not identified minor, non-substantial language changes or corrections.
I Pa!!e 3-6. 310.01
The Council may note that several licenses are different than under the current code. I am
Ie working with LMC to clarify why the changes in licenses have occurred. (i.e., cigarette
vending machine vs. retail cigarette/cigarette wrapper).
I Pa!!e 3-9 & 3-10.310.03 & .04
The City Council deleted this portion of the ordinance in 1994.
I Pa!!e 3-13. 320.09 (c)
The City does still use permits for a garage sale at no fee. I assume the permit is to track
I the number of sales held each year by a homeowner. The Council should clarify intent.
(See 320.11)
. Page 3-13. 320.09(e)
The City licenses for selling of vegetables and flowers on lots with permission of the
property owner.
I Pal:e 3-14. Section 330
I Old Chapter 4.
Page 3-20. 330.01. Subd. 2. I. (J)
I Not consistent with current Chapter 17 and curfew of 10:00 p.m. Should the time be
revised for consistency?
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Memorandum - City Code Review, Chapter 3, Licenses and Regulations
Page Two e
February 4, 1997
Page 3-25. 330.01. Subd. 2. II. (G)
Needs to be revised to be consistent with 330.01, Subd. I, (G). -
Page 3-26. 330.01. Subd. 2. II. (H). 2 & 3 -
I will seek clarification on relationship to bowling alley and legality of dictating hours of -
operation. .
Page 3-27.330.01. Subd. 2. II. (H). 5 .
Again, reference to curfew. .
Page 3-28. 330.01. Subd. 2. II. (H). 9 .
Again, reference to bowling alley. -
Page 3-29. 330.02 -
It appears to me that LMC has deleted and revised portions of the gambling device
ordinance. I'm working on clarifications.
The Council may wish to discuss the definition of trade area, trade area restrictions. .
Page 3-34. 330.03 e-
Does the City want to consider amending this portion of the ordinance to allow for
massage therapists. -
Page 3-50. 330.03. Subd. 8
A massage, rap, or sauna parlor is not identified in the zoning ordinance which -
technically means it is not permitted. However, it may be considered a personal service
which is allowed in B-2, B-3, B-4 and 6-B districts; however, an amendment would be
necessary. It may be most appropriate, however, to direct the City Attorney to review -
this portion of the ordinance to clarify any legal problems with mixing the licensing and
zoning requirements for massage parlors in the same ordinance.
Page 3-53. 330.03. Subd. 10. 1 and 2 -
The Council may wish to delegate the public hearing process to the Planning -
Commission.
Page 3-67. 330.04 .
The City does not license for taxicabs, and I'm not aware of any discussions with
companies during my four years with the City. The Council should discuss the relativity
of this section of the ordinance to the licensing process. -
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- Memorandum - City Code Review, Chapter 3, Licenses and Regulations
=e Page Three
February 4, 1997
- Other licensing/permit issues the City Council may wish to consider are: Model
- telecommunications, courtesy benches, and tobacco. The LMC also needs to further review
Chapter 3 to include the City's previous inclusion of transient merchants.
-
. Reauested Action
The City Council is asked to provide comments or direction on Chapter 3, Arden Hills Municipal
. Code.
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I' City of Arden Hills Chapter 3 Licenses and Regulations
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NOTE: City did not provide any comments on this Chapter except for the section on
I peddlers. Please review closely and inform of any changes that should be made.
I
Chapter 3 Licenses and Regulations
I
I Section 300 - General
I 300.01 Purpose. It is the intention of the Council to regulate and license certain types of
I businesses, occupations, and activities to t;:e end that the public welfare shall be protected and
.. promoted. Differentiation in the license fees charged under this Chapter is based upon the
judgment of the Council as to the probable expense involved in policing and inspecting various
I businesses. In some cases insurance coverage shall be required, where in the opinion of the
I Council a business offers an unusual opportunity for loss or damage.
I 300.02 License Required. It shall be unlawful for any person to engage in any business,
I occupation or activity for which a license fee is imposed by the provisions of this Chapter without
I first obtaining a license so to do.
I 300.03 Persons Subject to Chapter. Whenever a license is required by this Code for the
I maintenance, operation or conduct of any business or establishment, or engaging in any activity
I' or occupation, any person who by himself or herself or through an agent, employee or partner,
I 3 - 1
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1 City of Arden Hills Chapter 3 Licenses and Regulations
~ holds himself or herself forth as being engaged in the business, occupation, or activity or solicits
1 patronage therefor, actively or passively, or performs or attempts to perform any part of such
business, occupation, or activity in the City, shall be subject to the requirements of this Chapter
1 and shall be responsible for obtaining the required license.
1
300.04 Applications Generally. Unless otherwise specifically provided for, applications for all
1 licenses required by this Code shall be made in writing to the Administrator. Each application
I shall state the name of the applicant, the license desired, the location to be used, if any, the time
1 covered, and the fee to be paid. Each application shall also contain such additional information
as may be needed for the proper guidance of the City officials in the issuing of the license applied
Ie for.
1
300.05 Forms. Forms for all licenses, and applications therefor, shall be prepared and kept on
1 file by the Administrator.
1
1 300.06 Liability Insurance.
I Subd. 1 When Required. Where specifically required by any other provision of this Code,
I no license shall be issued under the provisions of this Chapter unless the applicant shall
furnish proof of the required liability insurance.
1
~ Subd. 2 Conditions. The liability insurance policy, or a certificate thereof, shall be filed
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City of Arden Hills Chapter 3 Licenses and Regulations
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with the Administrator and shall be kept in full force and effect during the terms of any subject --
license. The policy shall be with an insurance company authorized to do business in this state;
shall show at least the limits required by the appropriate provision of this Code; and shall also .
contain a provision that the policy shall not be canceled until after thirty (30) days' written notice .
to the City of such intended cancellation, and within such time the licensee must obtain and file
proof of new or substituted coverage as required hereunder, or the license shall be subject to I
immediate cancellation. I
300.07 Compliance with Law. In addition to the provisions of this Chapter, all licensees shall .
conform to and comply with all applicable federal and state laws, rules and regulations and I
applicable provisions of this Code. ..
300.08 Inspections and Investigations. Upon the receipt of an application for a license, where .
provisions of this Code necessitate an inspection or investigation before the issuance of the .
license, the Administrator shall refer the application to the proper officer for making the I
investigation within forty-eight (48) hours of the time of such receipt. The officer charged with
the duty of making the investigation or inspection shall make a report thereon, favorable or I
otherwise, within ten (10) days after receiving the application or a copy thereof. The health officer .
shall make or cause to be made all inspections in connection with such licenses for the protection
of health, the care and handling of food, the prevention of nuisances and of the spread of disease. .
The building inspector shall make or cause to be made any such inspections relative to the .
construction of buildings or other structures. All other investigations. except where otherwise ..
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City of Arden Hills Chapter 3 Licenses and Regulations
~. provided, shall be made by the chief of police or by some other officer designated by the mayor.
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I 300.09 Duty of Licensees. Whenever inspections of the premises used for or in connection with
I the operation of a licensed business or occupation are provided for or required by provisions of
I this division, article or Chapter, or are reasonably necessary to secure compliance with any such
provision or to detect violations thereof, it shall be the duty of the licensee, or the person in
I charge of the premises to be inspected, to admit to the premise for the purpose of making such
. inspection, any officer or employee of the City who is authorized or directed to make such
inspection at any reasonable time that admission is requested. Whenever an analysis of any
I commodity or material is reasonably necessary to secure conformance with any provision of this
.. Code or to detect violations thereof, it shall be the duty of any licensee whose business is
I governed by such provision to give to any authorized officer or employee of the municipality
requesting the same sufficient samples of such material or commodity for such analysis upon
I request.
I
300.10 Expiration. Unless otherwise provided by this Code, all annual licenses or annual permit
. fees shall expire on the thirty-first day of December of each year.
I
I 300.11 Change of Locations of Premises. Except as otherwise specifically provided in this
Code, the location of any licensed business, occupation, or activity may be changed, provided ten
I (10) days' notice of the change is given to the Administrator, and provided that the building,
~ zoning and frontage requirements of this Code are complied with at the new location.
I 3-4
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City of Arden Hills Chapter 3 Licenses and Regulations
300.12 Posting of Licenses. It shall be the duty of every person conducting a licensed business, -.
.
occupation, or activity in the City to keep his or her license posted in a prominent place on the
premises used for such business, occupation, or activity at all times. .
.
300.13 Suspension, Revocation. .
Subd. 1 Authorized. The City Council may suspend for a period not exceeding sixty (60) .
days, or revoke any license issued under this Code whenever the licensee, its owner, manager I
or employees or agents of the licensee have engaged in any of the following conduct:
.
A. Fraud, deception or misrepresentation in connection with the securing of the license; ..
B. Conduct adverse to the interests of public health, safety, welfare or morals; .
I
C. Conduct involving moral turpitude; I
D. Conviction of an offense involving moral turpitude by any court of competent .
jurisdiction; I
E. Conviction of an offense which relates to the conduct of the licensed business, I
occupation, or activity. .
--
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City of Arden Hills Chapter 3 Licenses and Regulations
I
" F. Violation of any provision of this Code or any other federal, state or local law , rule
I or regulation; or
I G. Failure to comply with any of the provisions or conditions of the license, or the
I conditions of licensure, or engaging in conduct which would be grounds for denial of an
initial application for licensure.
I
I Subd. 2 Hearing. A licensee or permittee shall be granted a hearing upon at least ten (10)
days' prior written notice before revocation or suspension is ordered. The notice shall state
I the time, date and place of the hearing and the nature of the charges against the licensee.
..
I Section 310 - Fees
I 310.01 Establishment of Fees by Resolution. License and investigative fees for all licenses
I required by the City pursuant to the provisions of this Code and for the following types of licenses
shall be from time to time established in a resolution adopted by the Council:
I
I A. Alcoholic beverage (intoxicating liquor);
I B. On-sale wine and beer;
I
fI C. Malt beverage non-intoxicating liquor;
I 3-6
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City of Arden Hills Chapter 3 Licenses and Regulations
I
D. Amusement facility (including bowling alley, arcade, dance hall, movie theater, --
pool/billiard tables and/or hall, indoor tennis and/or racquetball and/or squash facility,
skating facility, outdoor tennis facility, driving range, shooting gallery and facilities for I
similar functions or activities); I
E. Mechanical/electronic recreation devices (including mechanical amusement device, I
mechanical amusement ride, mechanical musical device and devices of a similar nature); I
I
F. Bulk storage plant or dealership;
I
G. Cigarette vending machine; ..
H. Dog kennel operator; I
I
1. Garbage and refuse collector; I
J. Heating, ventilating and air conditioning (HV AC) and gas installer; I
I
K. Excavating contractor;
.
L. Retail sales vendor or dealer including, but not limited to, antique dealer, boat dealer, I
optometrist, laundry, mortuary, video sales and rental dealer, candy vendor, butcher, dry ..
3 -7 I
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City of Arden Hills Chapter 3 Licenses and Regulations
Ie cleaning establishment, equipment rental dealer, caterer, automobile dealer, and dealers and
I vendors selling or renting goods not otherwise listed;
I
I M. Restaurant/cafe/public dining room or eating house;
I N. Service station and self service gas/diesel station and convenience store;
I
I O. Sign/billboard;
I P_ Taxicab;
..
Q. Hotel/motel;
.
I R. Grocery, food market or supermarket
I S. Drive-through or -in restaurant and fast food restaurant;
I
I T. Rendering plant; and
I U. Charitable gambling.
~ 310.02 Payment Required. The license fees established in the resolution adopted by the Council,
I 3-8
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City of Arden Hills Chapter 3 Licenses and Regulations
as provided in Section 310.01 of this Code, shall be charged and collected annually, unless III
.
another or different term is stated in the resolution, before any license shall be issued under the
provisions of this Chapter or any other provision of this Code. .
.
310.03 Prorating Fees. Except as otherwise provided, and subject to the minimum fees .
established, by this Chapter, all fees shall be issued on a calendar year basis and all fees, except
fees for HV AC and gas installers and excavating and construction or building contractors, shall I
be prorated, on the basis of the portion of the calendar year remaining after the date of issuance .
of the license. In cases of a fractional month, sixteen (16) days or more shall be considered to be
a month for the purposes of this Chapter. Upon the expiration of existing licenses granted on .
other than a calendar year basis, the license shall be renewed for the balance of the calendar year till
only, but in such cases the minimum fees established hereunder shall not apply. I
310.04 Minimum Fees. Subject to the individual fees established in the resolution from time to I
time adopted by the Council, as provided in Section 310.01 above, and subject to the exceptions I
listed in Section 31O.02"any licenses granted under this Code shall be based upon the following
minimum fees with the "annual basic fee" being the license fee imposed in said resolution: .
.
Annual Basic Fee Minimum Fee
.
Under $9.99 ............... . $2.00 ~
$10.00-$19.99 . . . . . . . . . . . . . . . $3.00
3 - 9 .
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City of Arden Hills Chapter 3 Licenses and Regulations
.
.e $20.00-$39.99 . . . . . . . . . . . . . . . $4.00
Over $40.00 ....... _ . . . . . . . . $6.00
.
. 310.05 Penalties for Late Payment. In the event of late payment of license fees established in
. the resolution from time to time adopted by the Council, as provided in Section 310.01, a penalty
shall be imposed on the basis of the following schedule, with the "annual basic fee" being the
. license fee established in the resolution:
.
Annual Basic Fee Penalty
.
Ie Up to $10.00 . . . . . . . . . . . . . . . . $2.00
$10.00-$50.00 . . . . . . . . . . . . . . . $4.00
. Over $50.00 ........ 10 percent of fee
.
.
. Section 320 - Limited, Temporary Permits
.
320.01 Required. Before any person shall engage in or operate any business, occupation or
I activity within the City which shall be for a limited time period or of a temporary nature as
. mentioned and provided for in this Section, he or she shall first obtain a permit therefor.
f' 320.02 Application. Any person desiring a permit required by the provisions of this Section shall
I 3 - 10
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City of Arden Hills Chapter 3 Licenses and Regulations
I
make application therefor to the Administrator. el
320.03 Waiver of Fees. Fees required for permits under the provisions of this Section may be I
waived by the Council for schools, nonprofit organizations, governmental agencies, and similar I
institutions or organizations, provided it first adopts a resolution setting forth the reasons for such I
waiver.
I
320.04 Issuance. Permits required by the provisions of this Section shall be issued upon payment I
of such fee as is required for the particular business, occupation, or activity in the resolution from
time to time adopted by the Council, and approval as provided by this Section. I
eI
320.05 Duration. Permits issued under the provisions of this Section shall be valid for the period
of time stated in the permit. I
I
320.06 Additional Regulations. The City Council may impose additional regulations governing I
any permit required by the provisions of this Section as it may determine to be in the public
interest. .
.
320.07 Cancellation. Any permit issued under the provisions of this Section may be canceled
by the City Council if such cancellation is determined to be in the public interest. I
I
320.08 Permit Fees Established by Resolution. The permit fees for a permit to engage in the ..
3 - 11 .
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e
I following types of business, occupations, and activities shall be as established from time to time
I in a resolution adopted by the Council:
I A. Christmas tree sales;
I
B. Circuses and carnivals;
I
I C. Commercial advertising distribution;
I D. Flea markets and commercial sidewalk sales;
..
I E. Group picnics and camping; and
I F. Itinerant vendors.
I
320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The
. activities for which permit fees shall not be required, but nevertheless a permit shall be required,
I are as follows:
I A. Installation or construction of courtesy benches and shelters;
I
,. B. Purchase of fireworks and operation of fireworks display or program;
I 3 - 12
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City of Arden Hills Chapter 3 Licenses and Regulations
C. Benltiqtle 51 gal age 3ak; ~: City indicated that permits no longer issued for these. .-
-
D. Newspaper distribution locations; and .
-
E. Casual roadside stand on owner's property. ~: What types of sales is this intended -
to cover? Sale of produce can occur off premises as well without a license being required, but
city can zone areas not suited for roadside sales. I
-
320.10 Approval. Approval of an application for a permit to engage in the following type of
activity shall be granted by the body, department or officer of the City indicated across therefrom I
in the following schedule: ..
Approving Body, I
Department -
Activity or Officer
Circuses and carnivals City Council -
Commercial advertising distribution Police department and .
Administrator
Installation or construction of Police department and -
courtesy benches or shelters Administrator .
Fireworks purchase/display City Council I
Flea markets/commercial City Council
--
sidewalk sales
3 - 13 I
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City of Arden Hills Chapter 3 Licenses and Regulations
I
Ie Boutique/ garage sale at Police department and
private home Administrator
. Group picnics/camping Park director and
I Administrator
I Itinerant vendors City Council
Newspaper distribution locations Police department and
I Administrator
. Roadside stands Administrator
I 320.11 Limit on Duration and Occasion of Garage Sales. Each boutique or garage sale at a
.. private home shall be limited to three (3) days or less in duration, and no more than two (2) such
I sales shall be permitted to anyone homeowner per year.
I
I
Section 330 - Licensed Businesses, Occupations, and Activities
I
I 330.01 Amusement Facilities.
I Subd. 1 Driving Ranges.
.
f' A. Proximity of Driving Tees to Buildings; Direction of Tees. No license for a public
. 3 - 14
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City of Arden Hills Chapter 3 Licenses and Regulations
I
driving tee shall be granted unless the distance from the place of driving to the nearest e.
building or road in the direction in which the balls shall be driven is nine hundred (900) I
feet or more. Such tees shall be so designed as to permit driving of golf balls in one (1)
general direction, which direction shall be away from the nearest public road. I
I
B. Illumination. The public driving tee shall be so lighted as to effectively illuminate all
entrances and exits, and lights used upon the premises shall be placed in such a manner .
as not to shine upon or unreasonably interfere with surrounding property. I
C. Hours Operation Prohibited. In no event shall public driving tees operate between the I
hours of I :00 a.m. and 8:00 a.m. ..
Subd. 2 Coin-Operated Amusement Devices. I
I
I. Coin-Operated Amusement Devices. I
A. Definition "Coin-Operated Amusement Device." The term coin-operated I
amusement device or device as used herein means a mechanical amusement device of I
any of the following types: .
1. A machine or contrivance, including a pinball machine; a mechanical I
miniature pool table, bowling machine, shuffle board, electric rifle or gun range; ..
3 - 15 I
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e a miniature and mechanical device and game or other amusement patterned after
I
baseball, basketball, hockey or similar games; a video or computerized game; or
I a game which may be played solely for amusement and not as a gambling device,
I which machine or contrivance is played by the insertion of a coin, slug or other
I token, or at a fee fixed and charged by the establishment in which such machine
or contrivance is located and which contains no automatic payoff features for the
I return of money, coins, merchandise, checks, tokens or any other thing or item
I of value; provided, however, that such machine or contrivance may be equipped
to permit a free play or game; or
I
.. 2. An amusement device designed for and used exclusively as a ride by children
I such as, but not limited to, a kiddie car, miniature airplane ride, mechanical
horse, or other miniature mechanical device, not operated as part of or in con-
I nection with any carnival, circus, show, or other entertainment or exhibition.
I
B. License Required. No person shall keep, operate, maintain or permit to be
I operated or maintained upon premises within his or her direct or indirect control any
I coin-operated amusement device without having first procured a coin-operated
amusement device license.
I
I C. Required Information in Application. The application for a coin-operated
f' amusement device license shall include not only the information required by Section
. 3 - 16
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City of Arden Hills Chapter 3 Licenses and Regulations
..
300,04 of this Code, but also the following additional information: .
1. The name and address of all persons owning or having an interest in the I
business which keeps, operates, or maintains the coin-operated amusement I
devices requiring a licenSe and, in the case of a corporation, the names and .
addresses of the officers and directors of the corporation and all shareholders who
have a beneficial interest in five (5) percent or more of the issued shares of the .
corporation's stock; .
2. Whether any of the persons whose names appear on the application have ever I
been engaged in the business of operating coin-operated amusement devices ..
anywhere during the last five (5) years and, if so, where; I
3. Whether any of the persons whose names appear on the application have been .
convicted of a crime or have had an application for a coin-operated amusement .
device license denied, revoked or suspended within the last five (5) years and, if
so, the date and place of the conviction or denial, revocation or suspension, and I
a statement of the crime or the reason for such denial, revocation or suspension; .
and .
4. A statement that the applicant, or all principal officers, directors and .
shareholders of a corporate applicant, and managers of the licensed activity, if ..
3 - 17 .
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.... City of Arden Hills Chapter 3 Licenses and Regulations
.
~ requested by the Administrator, will permit a record of his/her/their fingerprints
I to be made by the police department for the purpose of additional investigation
to determine whether or not the application should be issued or the license
I denied, suspended or revoked.
I
D. License Fee. As provided in Section 310.01 of this Code, the fee for a
I coin-operated amusement device license shall be established in a resolution adopted
I by the Council.
I E. Issuance of License; Investigation by Police. A license to operate a coin-operated
.. amusement device shall be issued by the Administrator. If requested by the
I Administrator, however, the police department of the City shall investigate any
application and shall submit a recommendation to the Administrator prior to issuance
I or denial of the license as provided in Section 300.08 of this Code.
I
I F. Ineligibility for License. Existence of any of the following conditions shall render
the applicant ineligible for a license unless the Council determines that the applicant
I has shown sufficient extenuating circumstances to warrant the issuance of a license
I regardless of such existence:
I 1. If the applicant, or the manager of the licensed business, is:
f'
I 3 - 18
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City of Arden Hills Chapter 3 Licenses and Regulations ...
.
a. Under tw~my om: (21) eighteen (18) years of age, or --
b. An illegal alien, or I
I
2. If the applicant, manager or person owning the licensed activity: I
a. Is not a person of good moral character and repute, or I
I
b. Has been convicted of an offense which relates to the conduct of the
licensed business, or I
~
c. Has been denied a license to conduct a similar activity or has had such I
license suspended, revoked or canceled.
I
The foregoing shall not be the only grounds, however, for denial of the license. I
G. Insurance. If the coin-operated amusement device is one of the types described I
in Subpart A of this Subsection the applicant shall also submit along with his or her I
application a policy of liability insurance applicable to death or injury caused by the I
operation of the licensed device in such amounts and containing such coverages as the
Administrator reasonably requires. I
..
3 - 19 I
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City of Arden Hills Chapter 3 Licenses and Regulations
~e H. Display of License. The license for the aggregate of coin-operated amusement
I
I devices licensed hereunder shall be posted in a conspicuous place on the premises
under the direct or indirect control of the licensee, upon which they are located, as
. required by Section 300.12 of this Code.
I
1. Truants; Hours of Operation by Minors. No truant from school shall operate a
I coin-operated amusement device, and no minor under the age of sixteen (16) years
I shall operate such device on any night of the week after the hour of 9:30 p.m., unless
he or she is accompanied by a parent or guardian. No person in charge of the
I premises where the device is located shall permit it to be played or used in violation
.. of the provisions of this Section.
I J. Partial Exclusion for Liquor Licensees. No person or entity licensed to sell
I intoxicating liquor at retail shall be subject to comply with the provisions of Subpart
I C, F, G, or all of E except the first sentence thereof. Subparts A, B, D, H, J, and
K and the first sentence of E shall, however, be applicable to such licensee.
I
. K. Certain Devices Not Regulated. Nothing in this Section of the Arden Hills Code
I shall be held to apply to any coin-operated amusement device held or kept for sale or
storage and which is not actually in use or displayed for use.
I
~ II. Amusement Arcades.
I 3 - 20
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City of Arden Hills Chapter 3 Licenses and Regulations
A. Definitions. For purposes of this division the terms defined below shall have the ..
I
meaning given them:
I
1. The term "coin-operated amusement device" or "device" shall mean the type I
of mechanical amusement device which is described in Part IA. of this I
Subsection.
I
2. The term "amusement arcade", shall mean any building, structure or tract of I
land, or any portion thereof, which is devoted primarily to the operation of four
(4) or more coin-operated amusement devices and is open for public use and I
participation. ..
B. License Required. No person shall own, operate or permit the operation of an I
amusement arcade on premises owned, leased or operated by him or her or engage in .
the business of operating an amusement arcade in the City unless he or she shall have I
first obtained a license therefor.
I
C. Required Information in Application. The application for an amusement arcade I
license shall include not only the information required by Section 300.04 of this Code
but also the following additional information: I
I
1. The name and address of all persons owning or having an interest in the ..
3 - 21 I
I'
I City of Arden Hills Chapter 3 Licenses and Regulations
I' business which keeps, operates, or maintains the coin-operated amusement
I devices requiring a license pursuant to Section 4-5 hereof and, in the case of a
corporation, the names and addresses of the officers and directOrs of the
I corporation and all shareholders who have a beneficial interest in five (5) percent
I or more of the issued shares of the corporation's stock;
I 2. Name and address of the manager, or managers, who will supervise the
I licensed operation or activity;
I 3. Whether any of the persons whose names appear on the application have ever
Ie been engaged in the business of operating an amusement arcade anywhere during
I the last five (5) years and, if so, where;
I 4. Whether any of the persons whose names appear on the application have been
I convicted of a crime or have had an application for an amusement arcade license
denied, revoked or suspended within the last five (5) years and, if so, the date
I and place of the conviction or denial, revocation or suspension and a statement
I of the crime or the reason for such denial, revocation or suspension; and
I 5. A statement that the applicant, or all principal officers, directors and
I shareholders of a corporate applicant, and managers of the licensed activity, if
f' requested by the Administrator, will permit a record of his/her/their fingerprints
I 3 - 22
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City of Arden Hills Chapter 3 Licenses and Regulations
I
to be made by the police department for the purpose of additional investigation ..
to determine whether or not the application should be issued or the license .
denied, suspended or revoked.
I
D. License Fees. As provided in Section 310.01 of this Code, the fee for an .
amusement arcade license shall be established in a resolution adopted by the Council.
I
E. Granting of Licenses. .
1. Referral, Investigation and Reports. Any application for a license subject to I
this Section shall be referred to the police chief and to such other persons on the ..
City's staff as the City Council shall deem necessary. The City official to whom I
the application has been referred shall investigate the location wherein the
applicant is proposing to operate the amusement arcade; shall ascertain if the I
applicant, or the manager of the licensed business, is under t'l,ent)" "Ile (21) I
eighteen (18) years of age, an alien, or a foreign corporation; and shall ascertain
whether the applicant, manager or person owning the proposed licensed activity I
is of good moral character and repute, has not been convicted of an offense which I
relates to the conduct of the licensed business, has operated a similar business I
elsewhere which was not violative of the provisions of this Section, and has never
been denied a license to conduct a like or similar activity or had such a license I
suspended, revoked or canceled. The chief and any other City official to whom ..
3 - 23 .
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e the application has been referred shall recommend approval or disapproval of the
I
I application within the time limits set forth in Section 300.08 of this Code.
I 2. Notice of Public Hearing. Upon receipt of the written reports and
I recommendations of the police chief, Administrator and any other officials to
whom the application has been referred, the Administrator shall cause to be
I published in the legal newspaper of the City, at least ten (10) days in advance, a
. notice of public hearing to be held by the City Council setting forth the day, time
and place when the hearing will be held, the name of the applicant, and the
. location where the business is proposed to be conducted.
..
I 3. Hearing, Decision and Conditions. The application, together with the
recommendations of the police chief, Administrator and other officials to whom
I the application has been referred, shall be submitted to the City Council at the
I hearing. After the hearing, the Council may grant or deny the license. In granting
the license, the Council may impose special conditions if it deems such conditions
I to be necessary because of particular circumstances relative to the application.
I
. F. Ineligibility for License. Existence of any of the following conditions shall render
the applicant ineligible for a license unless the Council determines that the applicant
I has shown sufficient extenuating circumstances to warrant the issuance of a license
,. regardless of such existence:
I 3 - 24
I
City of Arden Hills Chapter 3 Licenses and Regulations
1. If the applicant, or the manager of the licensed business, is: .'
I
a. Under eighteen (18) years of age, or .
,
I
2. If the applicant, manager or person owning the licensed activity: I
,
a. Is not a person of good moral character and repute, or
,
b. Has been convicted of an offense which relates to the conduct of the ..
licensed business, or ,
c. Has been denied a license to conduct a similar activity or has had such ,
license suspended, revoked or canceled. .
The foregoing shall not be the only grounds, however, for denial of the license. I
,
G. Insurance. If the coin-operated amusement devices to be operated in the
I
amusement arcade are of the type described in Subdivision 2, Part I. A. 2. of this
Subsection, the applicant shall also submit along with his or her application a policy I
of liability insurance applicable to death or injury caused by the operation of the ..
3 - 25 ,
I'
I City of Arden Hills Chapter 3 Licenses and Regulations
" licensed devices in such amounts and coverages as are prescribed by the City Council.
.
H. Conditions of Licensure. The following conditions shall govern the issuance and
1 holding of all amusement arcade licenses granted pursuant to this Section.
I
1. Order. It shall be the responsibility of the licensee to maintain order on the
. premises of the amusement arcade, and in and upon any parking lot appurtenant
I thereto, and adjacent premises, at all times.
I 2. Consumption of Alcoholic Beverages Prohibited. The consumption of
.. alcoholic beverages, whether classified as intoxicating or nonintoxicating, or the
I use of any controlled substance shall not be permitted on any part of the premises
of the amusement arcade.
1
I 3. Hours of Operation. On all Saturdays of the year, and on weekdays from and
1 including June 1st through August 31st, an amusement arcade shall be open only
between the hours of 8:00 a.m. and 12:00 midnight. On all Sundays of the year,
. and on weekdays from and including September 1st through May 31st, an
I amusement arcade shall be open only between the hours of 3:00 p.m. and 11:00
p.m.
.
~ 4. Supervision. The licensee shall provide a full-time manager of at least
I 3 - 26
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City of Arden Hills Chapter 3 Licenses and Regulations
.
eighteen (I8) years of age upon the premises of the amusement arcade during all ..
hours in which it is open for business.
I
5. Entrance of Truants and Minors Prohibited under Certain Circumstances. No I
truant from school shall be permitted to enter or remain on any part of the I
premises of the amusement arcade. No minor under the age of sixteen (16) years
shall be permitted to enter or remain upon the premises of the amusement arcade .
any night of the week after the hour of 9:30 p.m., unless accompanied by his or .
her parent or guardian.
I
6. Compliance with Laws. The premises of the amusement arcade, and the ..
licensee, shall fully comply with all applicable state, federal and local regulations .
whatsoever dealing with the operation of the licensed business or activity,
.
7. Fire Hazards. It shall be the responsibility of the licensee, or his or her .
manager, to see that the premises of the amusement arcade do not become
overcrowded so as to constitute a hazard to the health or safety of the persons .
therein. I
8. Exits/entrances. The premises of the amusement arcade shall have adequate I
entrances and exits at the front and rear thereof but may have no entrances to or .
exits from adjoining buildings. ..
3 - 27 .
I
City of Arden Hills Chapter 3 Licenses and Regulations
I
.e 9. Smoking Prohibited The smoking of tobacco or any other product in an
I amusement arcade shall be prohibited. The licensee shall be responsible to ensure
that this restriction is complied with. Tobacco products shall not be sold
I anywhere upon the premises of the amusement arcade.
I
10. Illumination. The interior of the amusement arcade shall be so illuminated
I as to ensure proper and complete observation of patrons at all times. The building
I inspector shall recommend standards for lighting levels to carry out the intent of
this Subsection.
I
.. 11. Posting. In a conspicuous place somewhere on the premises of the
. amusement arcade shall be posted the amusement arcade license as required by
Section of this Code.
-
I
I I. Partial Exclusion of Liquor Licensees. No person or entity licensed to sell
intoxicating liquor at retail shall be subject to the provisions of Subparts A through
I H of Part II of this Subdivision, with the exception of Subpart H (5) to which any
I such licensee shall be subject; provided, however, the telm "premises of the
I amusement arcade," used therein, shall be deemed to mean, in the case of the liquor
licensee, the licensed premises thereof.
I
~
I 3 - 28
I
City of Arden Hills Chapter 3 Licenses and Regulations
.
330.02 Gambling Devices. Nillf: City did not respond to previous question about regulating e.
Bingo Operations. What is current practice? I
Subd. 1 Definitions. .
.
A. Gambling Device. The term "gambling device" as used in this Section means those
devices known as paddle wheels, tipboards, pull-tabs (or ticket jars) or appararns used in .
conducting games as those various devices are described and defined in Chapter 349 of I
Minnesota Starntes, as amended.
I
B. Trade Area. "Trade Area" shall mean the corporate boundaries of the City and each ..
city immediately contiguous to the City. I
Subd. 2 Incorporation by Reference. Unless the provisions of this Section of the City Code I
are inconsistent, in which case those provisions shall control, all the terms, provisions and I
subdivisions of Chapter 349 of Minnesota Starntes, as amended-which regulate and provide
for the licensing of the operation of gambling devices-are hereby adopted and incorporated I
in this Section by reference. I
Subd. 3 License or Permit Required. No person shall keep, operate, maintain or permit to I
be operated or maintained upon premises within his or her direct or indirect control any .
gambling device without having first procured a gambling device license from the State, and --
3 - 29 I
I
I City of Arden Hills Chapter 3 Licenses and Regulations
" as approved by the City, or in the case of operations exempt from licensing by State law,
. without a permit issued by the City.
. Subd. 4 Permit Fee. As provided in Section 310.01 of this Code, the fee for various types
. of gambling device permits shall be established in a resolution from time to time adopted by
the Council.
I
I Subd. 5 Application. Applications for City approval or a permit shall be submitted to the City
I Administrator at least sixty (60) days before the proposed effective date of the permit. Criteria
for the issuance of premises permits shall be adopted from time to time by Council resolution.
Ie
I Subd. 6 Approval of License or Issuance of Permit. No permit to operate a gambling
device, or approval of a State license, shall be issued by the Administrator earlier than fifteen
I (15) days after the application has been submitted. If requested by the Administrator, however,
I the police department of the City shall investigate any application and shall submit a
I recommendation to the Administrator prior to issuance or denial of the permit or license
approval.
.
. Subd. 7 Investigation Fee. Applicants shall pay the City a non-refundable investigation fee
of one hundred dollars ($100.00) when submitting the application for the permit or license
I authorization.
"
. 3 - 30
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City of Arden Hills Chapter 3 Licenses and Regulations
I
Subd. 8 Unauthorized Gambling Prohibited. No person shall conduct lawful gambling ..
within the City unless such activity is in compliance with the provisions of the Minnesota
Lawful Gambling Act and this Section. If the provisions of the Minnesota Lawful Gambling .
Act and this Section are inconsistent, the more restrictive provisions shall apply. .
Subd. 9 Local Gambling Tax. Effective January 1, 1991, there shall be imposed a local gam- I
bling tax on all organizations licensed to conduct lawful gambling within the City. The tax shaH .
be set by the City Council but shaH not exceed three (3) percent of the organization's gross I
profit from gambling activities within the City. Proceeds of the tax shall only be used for the
purpose of regulating aH gambling activities within the City, including but not limited to the .
reimbursement of the City's administrative, legal and consulting costs. ..
Subd. 10 Financial Reports. I
I
A. Any organization applying for a renewal pennit which shall be effective after January I
1, 1991, shall provide the City with certified copies of the foHowing documents:
I
1. The prior year's income and loss statement which clearly indicates the .
organization's gross receipts from lawful gambling activities within the City and total I
prizes actuaHy paid out for lawful gambling activities within the City.
I
2. A statement of the organization's treasurer projecting the organization's gross -.
3 - 31 I
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e receipts and total prizes for lawful gambling activities to be conducted in the City
I
during the year in which the permit renewal will be effective.
I
I B. Any organization applying for a new permit which will be effective after January 1,
I 1991, shall provide the City with a certified statement containing the organization's projec-
tion of gross receipts and total prizes for all lawful gambling activities to be conducted in
I the City during the year in which the permit will be effective.
I
Subd. 11 Lawful Gambling Fund. All organizations permitted to conduct lawful gambling
I within the City shall contribute ten (10) percent of their net profits derived from lawful
.. gambling activities within the City to a special fund to be administered by the City Council for
lawful purposes. Payments to the fund shall be calculated for quarterly periods ending on the
I last days of March, June, September and December of each year. Quarterly installment
I payments shall be submitted together with verifiable supporting documentation, not later than
I the twentieth day of the month following the end of the quarterly period.
I Subd. 12 Trade Area Restriction. An organization authorized and permitted to conduct
I lawful gambling within the City shall expend fifty (50) percent of its net profit on lawful
purposes conducted or located within the trade area.
I
I Subd. 13 Location of Lawful Gambling Operations. l'fu.tf : This language has been
,. substituted for city's. Please modify as needed. Not gambling operation shall be maintained
I 3 - 32
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I
City of Arden Hills Chapter 3 Licenses and Regulations
except on the premises listed in the license. ..
The listed location shall comply with all State .
regulations and city zoning regulations. I
Subd. 14 Number of Licenses Authorized. No more than nine (9) lawful gambling licenses I
or permits of all classes shall be issued and outstanding at the same time. I
Subd. 15 Restriction on Number of Bingo Occasions. No more than four (4) bingo I
occasions each week may be conducted by a licensed organization. A bingo occasion may not I
continue for more than four (4) consecutive hours. A person or corporation, other than an
organization which leases any premises that it owns to two (2) or more organizations for I
purposes including the conduct of bingo occasions, may not allow more than eighteen (18) ..
bingo occasions to be conducted on the premises in any week. .
Subd. 16 Reports. I
.
A. All authorized and permitted organizations shall submit to the City Administrator a
copy of any reports it is required to make or has made to the board. Any applicant for a I
license or renewal of a license shall submit a copy of its application to the City .
Administrator.
I
B. On or before February first of each year, organizations licensed or permitted to I
conduct lawful gambling within the City shall submit a report to the City Administrator ..
3 - 33 I
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City of Arden Hills Chapter 3 Licenses and Regulations
I
It indicating how the net profits derived from lawful gambling activities conducted by the
I organization have been spent for lawful purposes and such other reports as may be
required from time to time by Council resolution.
I
I Subd. 17 Inspection of Premises and Records. The City Administrator, City attorney, City
law enforcement officers, City official andlor City employee having a duty to perform with
I reference to this Section or lawful gambling activities may inspect and examine the records
I concerning lawful gambling activities of any organization upon twenty-four (24) hours' advance
notice and may inspect the premises upon which the organization is conducting lawful gambling
I activities at all reasonable times without advance notice. It shall be a misdemeanor to falsify
.. any reports required to be submitted pursuant to this Section.
I Subd. 18 Age Limit. No person under the age of eighteen (18) shall be permitted to engage
I in any lawful gambling activity including bingo and raffles. No permitted organization shall
I allow any person under the age of eighteen (18) to engage in any lawful gambling activity
including Bingo and raffles.
I
I 330.03 Massage, Rap and Sauna Parlors.
I Subd. 1 Statement of Policy. The City Council finds that sauna, rap and massage parlor
I enterprises are susceptible of operation in a manner which contravenes, subverts or endangers
fI the morals of the community and thus require close inspection, regulation and licensing by the
I 3 - 34
City of Arden Hills I
Chapter 3 Licenses and Regulations
I
City. Such enterprises also have the potential of being places where disease may be transmitted. ..
Accordingly, the City Council deems it necessary to provide for the special regulation of such
enterprises in order to protect the public health, safety and welfare and to guard against the I
inception and transmission of disease. I
Subd. 2 Definitions. As used in this Chapter, the terms defmed in this Section shall have the I
meanings ascribed to them unless the context requires a different meaning. I
A. Massage. "Massage" shall mean the rubbing, stroking, kneading, tapping or rolling I
of the body with the hands or other devices or implements, for the exclusive purpose of I
relaxation, physical fitness or beautification, and for no other purposes. ..
B. Massage Parlor. "Massage Parlor" shall mean any room or rooms where any person I
for a fee may receive from another person a massage, or any room or rooms from which I
a masseur or masseuse is dispatched by telephone or otherwise, for the purpose of giving I
a massage.
I
C. Masseur. "Masseur" shall mean a male person who practices massage. I
D. Masseuse. "Masseuse" shall mean a female person who practices massage. I
I
E. Operate. "Operate" shall mean to own, manage, administer or conduct. ..
3 - 35 I
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City of Arden Hills Chapter 3 Licenses and Regulations
~e F. Person. "Person" shall mean any individual, corporation, partnership, association,
I
organization, proprietorship, firm or association.
I
I G. Rap. "Rap" shall mean the service of engaging in or listening to conversation, talk or
I discussion between an employee of the establishment offering such services and a customer
thereof, for a fee.
I
I H. Rap Parlor. "Rap Parlor" shall mean an establishment advertising, offering, selling
or performing rap to or for members of the public or a private club, regardless of whether
I other goods or services are also simultaneously advertised, offered, sold or performed, and
.. regardless of whether those other goods or services are also required to be licensed.
I 1. Sanitary. "Sanitary" shall mean free from the vegetative cells of pathogenic
I microorganisms.
I
J. Sauna. "Sauna" shall mean and includes a steam bath or heat bathing room used for the
I purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning,
I relaxing or reducing agent.
. K. Sauna Parlor. "Sauna Parlor" shall means an establishment advertising, offering, or
I selling sauna to or for members of the public or a private club for a fee, regardless of
i' whether other goods or services are also simultaneously advertised, offered or sold, and
I 3 - 36
I
City of Arden Hills Chapter 3 Licenses and Regulations
regardless of whether those other goods or services are also required to be licensed. .1
I
Subd. 3 Licenses Required. I
I
A. Business License. No person shall operate, directly or indirectly, upon any pretense I
or by any device within the City any sauna, rap or massage parlor, for which any charge
or fee is made or any money or thing of value is solicited or received, without being I
licensed therefor by the City pursuant to the provisions of this Chapter. A license must be I
obtained for the place of business at which the sauna, rap or massage parlor business is
to be operated. A license is not transferable to any other person or premises. Because I
regulation of such enterprises will require intensive efforts by the police department and .-
other departments of the City and, as a consequence, the concentrated use of City services I
will detract from and reduce the level of service available to the rest of the community,
thereby diminishing the ability of the City to promote the general health, safety and I
welfare of the community as a whole, the City Council hereby determines that only two I
(2) licenses for the operation of a sauna, rap or massage parlor, or any combination
thereof, shall be in force at anyone time. I
I
B. Personal Service License. No masseur nor masseuse shall perform or administer mas-
sages unless he or she has a valid permit issued pursuant to the provisions of this Chapter. I
Personal service licenses issued to masseurs or masseuses under this Section shall not be I
transferable. --
3 - 37 I
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City of Arden Hills Chapter 3 Licenses and Regulations
I
i' C. Exceptions.
I 1. Incidental Massage. The practice of massage is hereby declared to be distinct from
I the practice of medicine, surgery, osteopathic, chiropractic, physical therapy or
I podiatry and persons duly licensed in this state to practice such disciplines, nurses
who work solely under the direction of any such persons, and establishments at which
I such disciplines are practiced are hereby expressly excluded from the provisions of
I this Section. Massages performed incidental to athletic or physical training programs
operated by athletic clubs, sports and health clubs, public or private educational
I institutions, or athletic teams, or given by manicurists, beauty culturists, hairdressers
Ie or barbers incidental to the beautification services customarily and primarily provided
I by them, and the shops, places, establishments or locations at which such incidental
massages are provided, shall likewise be exempt from the provisions of this Section.
I
I 2. Incidental Saunas. A license shall not be required under the provisions of this
Section for premises on which saunas, but not massages, are provided incidental to
I the use of exercise and recreational equipment and facilities situated on the same
I premises provided that the sauna facilities occupy a floor area equivalent to not more
I than ten (10) percent of the floor area used for the exercise and recreational equipment
and facilities. Likewise, no license shall be required hereunder for hotels, motels,
I rooming houses, apartment buildings, office buildings, and condominiums in which
.- saunas, but not massages, are provided incidental to the rental of rooms or apartments
I 3 - 38
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City of Arden Hills Chapter 3 Licenses and Regulations
I
or the ownership thereof and the use of the sauna facilities is limited to tenants or the ..
owners of the building or structure within which the sauna facilities are located. I
3. Massage or Sauna Parlors Operated by Certain Non-Profit Corporations or I
Associations. Any massage or sauna parlor operated by a non-profit corporation or I
association shall be exempt from the provisions of this Section; provided, however,
that such corporation or association is duly organized under the laws of the State of I
Minnesota for civic, fraternal, charitable, social or business purposes; has more than I
fifty (50) members; has for more than two (2) years prior to application owned, hired
or leased a building or space in a building of such extent and character as may be I
suitable and adequate for the reasonable and comfortable accommodation of its ..
members; has a board of directors, executive committee or other similar body chosen I
by its members at a meeting held for that purpose which establishes its policy and
manages and conducts its affairs; and prohibits its members, officers, agents or I
employees from being directly or indirectly compensated by way of profit for the I
services offered by the corporation or association to the members or their guests
beyond the amount of such reasonable salary or wages as may be fixed and voted each I
year by the directors or other governing body. I
Subd. 4 Application. An application for a license required under this Section shall be made I
to the Administrator, or to a person designated by the Administrator, on such forms as the I
Administrator may from time to time provide. At a minimum, the form shall contain the -.
3 - 39 I
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I . .
City of Arden Hills Chapter 3 Licenses and Regulations
~e information required in the following. Any falsification of information on an application shall
I
be cause for denial, suspension or revocation of a license issued or to be issued hereunder.
I
I A. Business License. Every application for a business license required under this Chapter
I shall be made to the Administrator on such forms as he or she may from time to time
require. In addition to such information as the Administrator may require in such
I application form, it shall also include at a minimum the following items of information or
I documentation:
I I. Whether the applicant is a natural person, a corporation, a partnership or other
.. form of organization.
I 2. If the applicant is a natural person:
I
I a. The true name, place and date of birth, street address and phone number of the
applicant;
I
I b. Whether the applicant is a citizen of the United States;
I c. Whether the applicant has ever used or has been known by a name other than
I its true name, and if so, what was such name(s) and information concerning dates
,. and places where used;
I 3 - 40
I
City of Arden Hills Chapter 3 Licenses and Regulations
d. The name of the business if it is to be conducted under a name or style other .-
-
than the full individual name of the applicant in which case a certified copy of the
certification required by Minn. Stat. Chapter 333 shall be attached to the I
application; -
e. The street addresses at which applicant has lived during the preceding five (5) I
years; -
I
f. The kind, name and location of every business and occupation the applicant
has been engaged in during the preceding five (5) years; -
..
g. The applicant's occupation for five (5) years preceding the date of his or her I
application;
I
h. Whether the applicant has ever been convicted of any crime and if so, the -
nature of such crime, the time and place at which it occurred, the date of
conviction, the place and length of incarceration, and such other information as I
the Administrator may request from the applicant; -
i. Three (3) photographs of the applicant, showing the front of his or her face I
and each side of his or her head, not less than thirty (30) days old and at least two I
(2) inches by two (2) inches in size; ..
3 - 41 I
I'
City of Arden Hills Chapter 3 Licenses and Regulations
I
Ie j. A physical description of the applicant;
I k. If applicant is applying for a business license to operate a massage parlor,
I whether the applicant has had any training or experience in performing massage
I services, and if so, the nature and extent of such experience and education and
including any diploma or certificate of graduation which the applicant has
I received from an educational institution;
I
I. If the applicant is applying for a business license to operate a sauna or massage
I parlor, or both, then a certificate from a licensed Minnesota physician indicating
.. that the applicant has been examined less than thirty (30) days prior to the
I application and has been found free of communicable diseases.
I 3. If the applicant is a partnership:
I
a. The names and addresses of all partners and all information concerning each
I partner as is required of an individual applicant above.
I
I b. The name and address of the managing partner(s) and the interest of each
partner in the business;
I
~ c. A true copy of the partnership agreement, attached to the application, as well
I 3 - 42
. ..
City of Arden Hills Chapter 3 Licenses and Regulations
I
as a certified copy of the certification as to trade name required by Miftfi. Stat. e.
Chapter 333.
I
4. If the applicant is a corporation or other organization: I
a. The name and, if incorporated, the jurisdiction and date of incorporation; I
I
b. A true copy of the certificate or articles of incorporation, or association I
agreement, and the bylaws or constitution thereof attached to the application, and,
if a foreign corporation, a certificate of authority as described in Minn. Stat. .
Chapter 303 likewise attached; ..
c. The names and addresses of all stockholders, directors, officers, associates, I
managers, and agents of the corporation and all information concerning them as I
is required for an individual applicant. I
d. A list of all persons who control or own an interest in excess of five (5) .
percent in such corporation or association; I
e. If the applicant is a nonprofit corporation, a list of all members thereof, I
whether the applicant has, for more than two (2) years prior to application, I
owned or leased a building or space in a building suitable and adequate for the ..
3 - 43 I
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e accommodation of its members, and a statement of the purposes for which the
.
corporation was incorporated.
.
I 5. Whether the applicant has ever operated a sauna, rap or massage parlor within the
I preceding five (5) years, and if so, whether a license, therefor was ever denied,
revoked or suspended, explaining the reasons for such denial, revocation of
I suspension.
I
6. Whether the applicant is licensed in other communities to operate similar
I businesses, and if so, where.
..
7. The names and addresses of all agents, or employees of applicant who will
I perform services therefor in the City, and the nature of services to be performed by
I each employee; the names, residence and business addresses of five (5) residents of
I the metropolitan area of the State of Minnesota, of good moral character, not related
to the applicant or fmancially interested in the premises or business, who may be
I contacted regarding the applicant's or manager's character.
I
I 8. A specific description of all services to be provided on the premises to be licensed;
a detailed description of all equipment and furniture to be used in the operation of the
. business; a legal and street address description of the premises proposed to be
~ licensed.
I 3 - 44
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.
City of Arden Hills Chapter 3 Licenses and Regulations
9. Names and addresses of all creditors furnishing credit for the establishment, ..
I
acquisition, maintenance and furnishing of the proposed business.
I
10. Establishment of applicant's interest in premises by furnishing true copies of .
lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan I
agreements, security agreements and any other documents.
.
11. Blueprints, diagrams, plans, layouts and the like showing the construction, I
revision, remodeling, alteration or additions of or to the premises and specifically
showing the layout, design and arrangement of all of the rooms, halls and facilities. .
..
12. An ownership report, prepared by a licensed abstractor, indicating the ownership I
of all parcels within five hundred (500) feet of the premises sought to be licensed,
accompanying the application. .
I
13. Such other information as the Administrator or the Council may require from
time to time. .
I
B. Personal Service Licenses. Applications for masseur or masseuse licenses provided for I
in this Section shall be made to the Administrator on such forms as he or she may from
time to time provide. In addition to such information as the Administrator may require, I
the application shall include or be accompanied by: ..
3 - 45 I
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I'
City of Arden Hills Chapter 3 Licenses and Regulations
I
Ie 1. All of the information required under Subpart A. 2.
I 2. Whether the applicant has ever had a similar license denied, revoked or suspended,
I explaining the reasons for such denial, revocation or suspension.
I 3. What other communities the applicant has been licensed by during the preceding
I five (5) years.
I
4. Written proof of age of at least eighteen (18) years.
I
.. 5. A diploma or a certificate of graduation from the educational institution at which
I the applicant received instruction on the theory, method, or work of massage, if
applicant has received one.
I
I 6. A certificate from a licensed physician that the applicant has been examined less
than thirty (30) days prior to the application and has been found free of communicable
I diseases.
I
I 7. Name and address of the licensed massage establishment by which the applicant
expects to be employed,
.
, C. Verifications. All applications for licenses, whether business or personal service, shall
I 3 - 46
-
..
City of Arden Hills Chapter 3 Licenses and Regulations
I
be verified as to all infonnation contained in the application being true and correct. If the e.
application is made by a natural person, it shall be signed and the verification sworn to by I
such person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners thereof; and if by an unincorporated association, by the manager or managing .
officer thereof. .
D. Changes in Application Information. It shall be the continuing duty of each licensee .
promptly to notify the Administrator of any change in the infonnation or facts originally .
furnished or required to be furnished in or along with the application for the license. This
duty shall continue throughout the period of such license, and failure to comply with this .
Subparagraph shall constitute cause for revocation, suspension or non-renewal of such ..
license. .
Subd. 5 Investigation. .
.
A. Business License. All applications for a business license, and all infonnation or
documentation accompanying the application, shall be referred by the Administrator to the I
police department, fire department, building inspector, planning commission, health .
officer and such other committees, commissions, departments or officers, consultants and I
employees of the City and any other local, state or federal governmental agencies as the
Administrator shall deem necessary for verification and investigation of the facts as set I
forth in the application. Each of the departments, officers, commissions, committees, 411
3 - 47 I
I'
City of Arden Hills Chapter 3 Licenses and Regulations
~e consultants, employees or agencies to whom the application and accompanying materials
I
. have been referred shall make a written recommendation to the City Council as to whether
the license sought should be issued or denied within forty-five (45) days of the date of the
. application.
.
B. Personal Service Licenses; Masseurs and Masseuses. All applications for personal
1 service licenses hereunder, including information or documentation accompanying the
I same, shall be reviewed by the Administrator and referred to and reviewed by the police
department and such other departments, commissions, committees, officers, consultants,
I and employees of the City and such other governmental agencies as the Administrator shall
-- deem necessary for the verification and investigation of the facts set forth in the
1 application. Each of the departments, officers, commissions, committees, consultants,
employees or agencies to whom the application and accompanying materials have been
1 referred shall make a written recommendation to the City Council as to whether the license
1 sought should be issued or denied within thirty (30) days of the date of the application.
1 C. Investigation Fees.
1
1 1. Business License. At the time of the filing of the original application for a business
license under this Subsection, the applicant shall pay such investigation fee as has
1 been established in a resolution adopted by the Council.
~
1 3 - 48
. . <.
City of Arden Hills Chapter 3 Licenses and Regulations
2. Personal Service Licenses. At the time of the filing of the original application for .-
.
a personal service license, the applicant shall pay such investigation fee as has been -
established in a resolution adopted by the Council.
I
3. Non-refundable. No investigation fee shall be refunded to the applicant. .
Subd. 6 License Fees and Duration. At the time of filing the application for a license under .
this Subsection, the following license fee, or a prorated portion thereof, shall be paid by the I
applicant:
.
A. Business License. The annual fee for a business license shall be such fee as is --
established from time to time in a resolution adopted by the Council. I
B < Personal Service License. The annual fee for a masseur or masseuse license shall be I
such fee as is established from time to time in a resolution adopted by the Council. I
C. Refundable. Upon denial of an application for a license, the City shall promptly refund -
to the applicant the amount paid. No other refunds shall be made. .
D. License Year. Any license issued under this Subsection shall be effective for the -
calendar year and shall thus expire on December 31 of each year unless previously I
revoked < --
3 - 49 I
I
City of Arden Hills Chapter 3 Licenses and Regulations
~e Subd. 7 License Renewals.
I
I A. Necessity for Application. The licenses required under this Subsection shall be valid
. for the calendar year only. Accordingly, application must be made each year for a new
I license for the ensuing calendar year.
I B. Manner and Type of Application. A licensee seeking to renew a business or personal
I service license issued hereunder shall make application in the manner and with the type
of application relating to original applications.
I
Ie C. Time of Renewal Application. Applications for a license renewal must be submitted
I to the Administrator at least sixty (60) days in advance of license expiration.
I Subd. 8 Licensing Prohibited.
I
A. Business License. No business license for the operation of a sauna, rap or massage
I parlor shall be issued to an applicant where anyone or more of the following
I circumstances, which are readily ascertainable by the Administrator, exists:
I 1. Zoning District. The premises at or on which the sauna, rap or massage parlor is
I to be operated is located in a zoning district within the City other than R-B or G-B.
,.
. 3 - 50
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I
City of Arden Hills Chapter 3 Licenses and Regulations
2. Distance from Other Similar Establishments. The premises at or on which the _I
I
sauna, rap or massage parlor is to be operated are located within five hundred (500)
feet of another sauna, rap or massage parlor. I
I
3. Distance from Residential Zoning District, Etc. The premises at or on which the I
sauna, rap or massage parlor is to be operated are located within five hundred (500)
feet of any residential zoning district, a church, a nursery, an elementary school, a I
junior high school, a high school, or any establishment frequented by juveniles. I
4. Denial or Revocation of Similar License. Within five (5) years prior to the date I
of application, the applicant has had a similar license denied or revoked. eI
B. Personal Service Licenses. No personal service license shall be issued to a masseuse I
or masseur in the event she or he is under the age of eighteen (18) years. I
I
Subd. 9 License Denial.
I
A. Notice. In the event the Administrator determines that the applicant is not entitled to I
a license under the terms of this Subsection, then he or she shall promptly after making
such determination notify the applicant in writing that the application has been denied, I
specifying the reasons for the denial. I
--
3 - 51 I
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City of Arden Hills Chapter 3 Licenses and Regulations
.e B. Appeal by Aggrieved Applicant. In the event an applicant has been advised by the
.
Administrator, that his or her application has been denied, he or she shall have ten (10)
. days to appeal the denial to the City Council. In the event he or she does not timely file
. his or her notice of appeal with the Administrator by the end of the 10-day period, he or
. she shall no longer be entitled to appeal; and his or her appeal right shall be considered
waived.
.
. C. Council Procedure. When a notice of appeal has been properly and timely filed with
the Administrator, the City Council shall consider the aggrieved applicant's appeal at a
. Council meeting within the next thirty (30) days of the date of the notice's filing. The
.e purpose of the hearing shall be limited to the question of whether the Administrator had
. sufficient grounds to deny the application. Based upon the facts adduced at the hearing,
the Council shall either affirm the decision of the Administrator denying the license
. application or remand to the Administrator for further investigation and report back to the
. City Council within no more than forty-five (45) days from the date of the Council
meeting in the case of an application for a business license and thirty (30) days in the case
. of an application for a personal service license.
.
Subd. 10 Granting of Licenses.
.
. A. Business License.
~
. 3 - 52
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City of Arden Hills Chapter 3 Licenses and Regulations
1. Notices of Hearing. In the case of an application for a business license, the e.
.
Administrator shall schedule a public hearing thereon no later than sixty (60) days I
after his or her receipt of the application and accompanying documentation. The
Administrator shall cause to be published in the official newspaper of the City at least .
thirty (30) days but not more than forty-five (45) days prior to the date of the public I
hearing a notice describing the nature of the business proposing to be licensed and its
location and setting forth the date, time, place and purpose of the hearing. .
.
In addition, the Administrator shall mail a similar notice at least fifteen (15) days
prior to the date of the public hearing to each owner of property located within five .
hundred (500) feet of the premises which are the subject of the application. A copy e.
of the notice and a list of the names and addresses of the persons to whom it was sent .
shall be attached thereto by the Administrator and shall be made a part of the records
of the proceedings. The failure to give mail notice to individual property owners shall I
not invalidate the proceeding providing a bona fide attempt to comply with this .
Subdivision has been made.
I
2. Public Hearing. The City Council shall conduct a public hearing. The applicant, .
or his or her representative, shall be given the opportunity to appear before the City I
Council to present reasons why his or her application should be granted and to answer
questions of the councilmembers and members of the public. All persons in favor of, .
opposed to, or interested in the application shall be heard. The City Council may ..
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~ adjourn the public hearing to its next meeting, either regular or special, and may
I continue its study and consideration of the application at meetings subsequent to the
meeting at which the public hearing was initially held.
I
I 3. Considerations. The City Council shall consider, in determining whether to grant,
deny, or renew a license, the effect of the proposed establishment upon the health,
I safety, convenience, morals and general welfare of the owners and occupants of
I surrounding properties in particular and the community as a whole and at a minimum
I the following factors:
Ie a. The character and suitability of the area and neighborhood in which the
I proposed establishment is to be located;
I b. Traffic congestion and parking problems;
I
I c. Reasonably anticipated likelihood of excessive noise, disturbances or fighting
by persons in or about the proposed establishment;
.
I d. The applicant's background and experience in the activity proposed to be
licensed, and thus the applicant's ability or fitness to perform the duties and
I discharge the responsibilities of the proposed activity to be licensed;
t'
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City of Arden Hills Chapter 3 Licenses and Regulations
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e. Whether the applicant either directly or indirectly has had a license for a --
similar activity revoked or suspended in another community or political I
subdivision in the State of Minnesota;
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f. Whether the proposed establishment and the premises on which it is to be I
operated meet the health, safety, sanitary and building requirements of the City
including those requirements set forth in this Chapter. I
I
4. Denial; Grounds for Denial. The City Council may deny an application for the
issuance or renewal of a business license on the basis of a determination that the I
public health, safety, morals or welfare would be adversely affected by the proposed ~
establishment taking into account anyone or more of the facts or circumstances set I
forth in Subpart A. 3. hereof and shall deny such application upon fmding anyone or
more of the following conditions to exist: I
I
a. The applicant or anyone of its owners, partners, directors, stockholders,
officers, managers, employees, agents or interested parties are persons of bad I
repute; I
b. The applicant or anyone of its owners, partners, directors, stockholders, I
officers, managers, employees, agents or interested parties have been convicted I
for offenses which involve moral turpitude or which relate directly to such ..
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City of Arden Hills Chapter 3 Licenses and Regulations
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Ie person's ability, capacity or fitness to perform the duties and discharge the
I responsibilities of the licensed activity;
I c. The applicant or anyone of its owners, partners, directors, stockholders,
I officers, managers, employees, agents or interested parties has had within five (5)
years of the date of the application been denied a license for a similar activity to
I the one sought to be licensed or had such a license revoked or suspended in or by
I any community or political subdivision of the State of Minnesota or by the State
of Minnesota itself;
I
.. d. The applicant has not fully and truthfully answered all of the information
I required by the application.
I
I 5. Notice of Denial. In the event the Council denies the application, the
Administrator shall furnish the applicant with a written document advising him or her
I of the denial and specifying the factual bases and reasoning upon which the denial was
I predicated. No application for a license which has been denied by the Council shall
I be resubmitted for a period of at least one (1) year from the date on which the
application was denied.
I
~ 6. Approval; Imposition of Conditions. The Council may approve an application for
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City of Arden Hills Chapter 3 Licenses and Regulations I
the issuance or renewal of a license on the basis of a determination that the public e.
health, morals, safety or welfare will not be adversely affected by the proposed I
establishment, taking into account one or more of the factors set forth in Subpart A.
3. above, and in granting or renewing a license may impose such reasonable I
conditions and restrictions on the manner and circumstances under which the licensed I
activities are to be operated so as to preserve the public peace and protect the public
health, morals, safety and welfare. I
I
B. Personal Service Licenses.
I
I. Procedure. The Administrator shall place any application for a personal service ..
license on the agenda of a meeting of the City Council no less than forty-five (45) I
days after the date of the application. When the matter comes before the Council, the
applicant, or his or her representative, shall be given the opportunity to appear before .
the Council to answer questions and give explanations regarding the proposed licensed I
activity.
I
2. Denial. A license for a masseuse or masseur may be denied upon anyone (1) or I
more of the following grounds: I
a. Fraud or deception in the license application; I
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I City of Arden Hills Chapter 3 Licenses and Regulations
" b. The applicant has a history of violations of laws and ordinances that apply to
I health, safety or moral turpitude;
I c. The applicant is of bad repute;
I
d. The applicant has been convicted of crimes or offenses involving sexual
I misconduct;
I
I e. The applicant, within five (5) years prior to the date of application was denied
licensure as a masseuse or masseur or had his or her license revoked or
.. suspended in or by any community or political subdivision of the State of
I Minnesota or by the State of Minnesota;
. 3. Notice. In the event the City Council denies the application, the Administrator
I shall furnish the applicant with a written document advising him or her of the denial
and specifying the factual bases and reasoning upon which the denial was predicated.
I No application for a license which has been denied by the Council shall be
I resubmitted for a period of at least one (1) year from the date oti which the application
I was denied.
I Subd. 11 Construction, Maintenance, Operational and Employment Requirements.
it
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City of Arden Hills Chapter 3 Licenses and Regulations I
A. Construction. ..
I
1. Separate Facilities. Each establishment licensed under this Subsection shall have
a separate rest room for each s~x and in the case of a massage or sauna parlor, but I
excluding a rap parlor, the establishment shall have in addition separate shower, I
locker room, massage room, dressing facilities, steam rooms, and sauna rooms, each
clearly marked as such, for each sex. I
I
2. Size of Sauna and Massage Rooms. Sauna rooms and massage rooms shall each I
have at least fifty (50) square feet of clear floor area. Massage rooms shall be
equipped with cabinets for the storage of soiled linens. ..
I
3. Doors. Doors to all rooms on the premises of a sauna, rap or massage parlor shall
be incapable of being locked from the exterior or interior with the exception of the I
front and rear access doors. I
4. Construction Materials for Sauna Rooms, Locker Rooms, Rest Rooms and I
Bathrooms. All sauna rooms, locker rooms, rest rooms and bathrooms used on the I
premises shall be constructed of materials which are impervious to moisture, bacteria, I
mold or fungus and must be kept in a sanitary condition. The floor-to-wall and
wall-joints shall be constructed to provide a sanitary cove with a minimum radius of I
one inch. ..
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I City of Arden Hills Chapter 3 Licenses and Regulations
~ 5. Rest Rooms. All rest rooms in a sauna, rap or massage parlor shall be provided
I with mechanical ventilation with two (2) cfm per square foot of floor area, a hand
washing sink equipped with hot and cold running water under pressure, sanitary
I towels and a soap dispenser.
I
6. Illumination. All rooms in the licensed premises shall be illuminated with not less
I than thirty (30) footcandles of illumination.
.
I 7. Janitor's Closet. Each establishment shall have a janitor's closet which shall
provide for the storage of cleaning supplies. Such closet shall have a mechanical
Ie ventilation with two (2) cfm per square foot of floor area. Such closet shall include
I a mop sink.
I 8. Locker Facilities in Sauna or Massage Parlors. Sauna or massage parlors shall be
I equipped with locker facilities for use by patrons. Sufficient facilities shall be
I furnished so that each patron will have a separate compartment available for the
storage of clothing and valuables. Each such locker shall be capable of being locked
I by the patron.
.
B. Maintenance and Operation.
I
tt 1. Massage Tables. All rooms in a massage parlor shall be equipped with massage
I 3 - 60
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City of Arden Hills Chapter 3 Licenses and Regulations I
tables having a hard surface impervious to liquids with a width of no more than three ..
(3) feet and a length of no more than eight (8) feet. Such tables may be equipped with I
either non-disposable pads or coverings or disposable coverings not more than two
and one-half (2112) inches thick. Non-disposable pads or coverings shall be removable, I
impervious, and cleanable. .
2. Beds Prohibited in Rap Parlors. No beds, sofas, couches or other furniture upon I
which one can lie prone shall be permitted in any rap parlor. I
3. Refuse Receptacles. Any establishments licensed hereunder shall at all times be I
equipped with adequate trash receptacles which shall be emptied on a regular and ..
recurring basis. I
4. Display of License to Operate. The license to operate the establishment shall be .
prominently in public display on the premises at all times during the hours of its .
operation.
I
5. Hours of Operation. The licensed premises shall not be open for business nor shall I
patrons be permitted on the premises between the hours of 10:00 p.m. and 8:00 a.m. I
of the succeeding day.
I
6. Occupancy or Guest Register. The licensee shall be responsible for maintaining ..
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I City of Arden Hills Chapter 3 Licenses and Regulations
~ an occupancy or guest register by which each patron of the sauna, rap or massage
I parlor must register his or her name, age, address and phone number, and each
licensee, or person in his or her employ, shall require each patron to furnish
I identification describing and identifying his or her correct name, age, address and
I phone number. Such occupancy or guest register shall be available for inspection at
all times by officers, employees or agents of the City or any other agency or political
I subdivision of the State of Minnesota or United States Government. Occupancy or
. guest registers must be kept by the licensee for a period of not less than two (2) years
I after all of its pages have been filled.
Ie 7. Inspection by City Officers and Identification of Employees. Licensee shall allow
I his or her entire premises to be inspected by the building inspector, health officer, any
police officer or member of the fire department, and any other officer, employee or
I agent of the City or the State of Minnesota, or the United States Government. Upon
I demand by any police officer, any person engaged in providing services in any
I licensed premises shall identify himself or herself by giving his or her true legal name
and his or her correct address.
.
I 8. Designation of Manager. If the licensee is a partnership or a corporation, it shall
designate a person to be manager of the business. Such person shall remain
I responsible for the conduct of the business until another single person has been
re designated in writing by the licensee. The licensee shall promptly notify the
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City of Arden Hills Chapter 3 Licenses and Regulations
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Administrator in writing of any such change indicating the name and address of the el
new manager and the effective date of such change. I
9. List of Employees. The licensee shall furnish the Administrator with a list of I
current employees indicating their names and addresses and designating the duties of I
them. Licensee shall promptly notify the Administrator of any additions or deletions
in the list of employees or changes in their job descriptions or duties and furnish the I
Administrator with the new names and addresses and effective date of these additions. I
10. Maintenance in Sanitary Condition of Sauna and Massage Parlors. In the case of I
sauna and massage parlors, the licensed premises must be kept and maintained in a ..
sanitary condition, and all equipment, personal property, tables, beds, towels, I
clothing and the like shall also be maintained in a sanitary condition.
I
II. Health and Disease Control in Sauna and Massage Parlors. No person, while I
afflicted with any disease in a communicable form or while a carrier of such disease
or while afflicted with boils, infected wounds, sores or any acute respiratory infection I
shall work or provide services in any massage or sauna room, and no person known I
or suspected of being afflicted with any such disease or condition shall be employed I
or permitted in such area or capacity.
I
12. Minors Prohibited. No person under eighteen (18) years of age shall be permitted -.
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I City of Arden Hills Chapter 3 Licenses and Regulations
Ie upon or allowed to be employed or to serve in the massage, rap or sauna parlor.
I
I 13. Possession of Alcoholic Beverages or Narcotic Drugs Prohibited. No alcoholic
I beverages, narcotic drugs or controlled substances shall be kept, possessed or
maintained upon the premises of any massage, rap or sauna parlor.
I
I C. Employment.
I l. Clothing Coverage. All employees of any establishment licensed under this
I Subsection and customers thereof, shall have at all times their breasts, buttocks,
-- genitals and anus covered by a nontransparent material.
I 2. Necessity of Personal Service Licenses in Massage Parlors. No massage parlor
I license under this Subsection shall employ or utilize any person as a masseur or
masseuse unless such person is licensed by the City.
I
I 3. Display of Personal Service License in Massage Parlors. Any person acting as a
I masseur or masseuse in a massage parlor licensed hereunder shall have his or her
license or a true copy thereof displayed in a prominent place on the licensed premises.
I
I 4. Same Sex Attendants in Sauna and Massage Parlors. With respect to sauna and
I- massage parlors licensed under this Subsection male sauna employees or attendants
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I City of Arden Hills Chapter 3 Licenses and Regulations
Ie and masseurs shall attend to, assist or otherwise serve only male patrons and female
I sauna employees or attendants and masseuses shall attend, assist or otherwise serve
. only female patrons.
I
Subd. 12 Revocation or Suspension of License.
I
I A. Reason. Any license granted under this Subsection may be subsequently revoked or
I suspended, or not renewed by the City Council upon its finding that the licensee or its
owners, partners, managers, employees, agents or any of its interested parties have
I engaged in any of the following items of conduct:
..
1. Violation of any of the requirements of this Chapter;
I
. 2. Fraud, deception or misrepresentation in connection with securing the license;
I 3. Habitual drunkenness or intemperance in the use of controlled substances under
I State or Federal law.
I 4. Conduct adverse to the interest of the public health, safety, morals or welfare;
I
~ 5. Failure fully to comply with any of the requirements of any ordinance, rule,
regulation, law or statute of the City, or the United States Government;
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City of Arden Hills Chapter 3 Licenses and Regulations .
6. Material variance in the actual plan and design of licensed premises from the plans e.
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and specifications submitted to the City along with the application;
I
7. Conviction for any offense involving moral turpitude or sexual misconduct; and I
8. Operation without a license as required hereby. .
.
B. Appeal. The licensee may appeal such suspension, revocation or non-renewal to the
City Council. The Council shall consider the appeal at the next regularly scheduled .
Council meeting on or after ten (10) days from service of the notice of appeal upon the .
Administrator. At the conclusion of the hearing, the Council may affirm the suspension, ..
revocation or non-renewal of the license; reinstate or renew the license; or impose a
reissuance of the license upon such additional terms, conditions and stipulations which the .
Council may, in its sole discretion, impose. The factual bases for any denial shall be set I
forth in writing and mailed to the licensee by the Administrator.
.
Subd. 13 Violations; Penalties. Whoever does any acts forbidden by this Subsection or omits .
or fails to do any acts required by this Subsection shall be guilty of a misdemeanor, and every .
person who commits or attempts to commit, conspires to commit or aids and abets in the
commission of any act constituting a violation of this Subsection or any act, which constitutes .
an omission and therefore a violation of this Subsection whether individually or in connection ~
with one or more persons or as principal, agent or accessory, shall be guilty of such offense
3 - 66
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City of Arden Hills Chapter 3 Licenses and Regulations
Ie and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces,
I
I requires, permits or directs another to violate any of the provisions of this Subsection shall
likewise be guilty of such offense and shall be guilty of a misdemeanor. Each day that a
I violation exists shall constitut~ a separate and distinct offense.
I
I 330.04 Taxicabs.
I
Subd. 1 Definitions. For the purposes of this Subsection, the following words and phrases
I shall have the meanings respectively ascribed to them:
..
I Doing business: "Doing Business" shall mean when the operator of a taxicab:
I A. Maintains a garage, office or place of business in the City, or
I
B. Regularly receives calls at any location in the City for the dispatch of his or her
I taxicabs.
I
I Operator. "Operator" shall mean any person owning or having control of the use of one or
more taxicabs.
I
~ Taxicab. "Taxicab" shall mean any motor vehicle used in the carrying of persons for hire,
I 3 - 67
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City of Arden Hills Chapter 3 Licenses and Regulations .
whether over a fIxed route or not, and whether operating from a street stand or subject to calls e.
I
from a garage or elsewhere, but excluding government-owned vehicles, vehicles regularly used
by undertakers in carrying on their business, or vehicles controlled and regulated by the state .
public service commission or other regulatory body of the State. .
Subd. 2 Operating Order and Equipment. Any operator of a taxicab doing business in the .
City shall cause such taxicab to be equipped, at all times he or she is doing business, with .
taximeters plainly visible to riders thereon and shall maintain any such taxicab in good running
order and in full conformance with all applicable federal and state laws and applicable .
provisions of this Code. Note: Although this subsection was located in the licensing chapter, .
no license appears to be required by the city. If one is required, language needs to be added ..
here.
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3 - 68
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@ 1995 League of Minnesota Cities I
All rights reserved
Printed in the United States of America I
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League of Minnesota Cities I
3490 Lexington Avenue North .
St. Paul, MN 55126
(612) 490-5600
1-800-925-1122 I
TDD: (612) 490-9038
Fax: (612) 490-0072 ..
I
I ,
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,. May 18, 1995
Background to Model Telecommunications Permit Ordinance
I The following model ordinance is the result of a cooperative effort between James Strommen,
I of Kennedy & Graven Chartered, formerly Holmes & Graven Chartered in Minneapolis,
attorneys for the Suburban Rate Authority ("SRA"), and Stan Peskar, General Counsel of the
League of Minnesota Cities. The model ordinance is based primarily on an SRA model
I ordinance prepared by Mr. Strommen and Dave Kennedy, also of Kennedy & Graven. The
SRA is a joint powers organization consisting of 32 Twin City suburban municipalities. The
SRA has actively intervened in electric, gas, and telecommunications matters before the
I Minnesota Public Utilities Commission since the Commission's formation in 1974. Kennedy &
Graven acts as city attorney for a number of Twin City municipalities and is bond or special
project counsel for other Minnesota cities.
I The purpose of the model ordinance is to provide uniform police power regulation over existing
and new telecommunications equipment and facilities on public property. This is not a
I franchise. The right of Minnesota cities to require a franchise from telecommunications carriers
is unclear, whether they be local service providers, long distance, cellular or providers of new
technology such as video dialtone. This issue is the subject of a legislative study to be
.. conducted in 1995 for a report to the legislature by February 15, 1996. The powers set forth
in this model ordinance are consistent with police powers generally and specifically granted to
home rule and statutory cities in Minnesota. To the extent franchise rights exist, these
I ordinances would still be relevant and applicable.
The provisions in this model ordinance are typical of what would be included in a franchise
. agreement, with the exception of a provision for franchise fees (e.g., gross receipts) and the
more comprehensive provisions found in a cable franchise. This ordinance allows cities to
defme rights and responsibilities regarding the location and relocation of utility equipment and
. facilities, repair obligations, public safety and indemnity. This ordinance does not apply to
electric, gas, or cable utilities. They are government by Minnesota Statutes, Chapters 216B and
238, respectively.
I This ordinance should be reviewed carefully and coordinated with existing ordinances and
permitting policies of your city. If you have any questions about the proposed provisions or the
I background to this ordinance, please call Stan Peskar at 612-490-5600 or James Strommen at
612-337-9233.
I
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I... SRA/LMC Model Telecommunications Permit Ordinance
ORDINANCE NO.
I CITY OF , COUNTY, MINNESOTA
An ordinance governing the construction, installation,
I operation, repair.. maintenance, removal, and relocation of
facilities and equipment used for the transmission of
telecommunications or related services in the public ground of the
I City of
THE CITY COUNCIL OF ORDAINS:'
I SECTION 1. DEFINITIONS. Subdivision 1. The terms defined in this
Section have the meanings given them.
I Subd. 2. Comoanv. A natural or corporate person, business
association, political subdivision, public or private agency of any
kind, its successors and assigns, who or which seeks or is required
I to construct, install, operate, repair, maintain, remove or
relocate facilities in the city.
Subd. 3. Director. The director of public works (or
.... equivalent position at the city) or designated representative.'
Subd. 4. Facilities. Telecommunications equipment of any
I kind, including but not limited to audio, video, paging, facsimile
or similar service, not governed by Minnesota Statutes, chapter
238, including all trunks, lines, circuits, physical connections,
I switching equipment, wireless communication equipment of all kinds,
and any necessary appurtenances owned, leased or operated by a
company on, over, in, under, across or along public ground.
I Subd. 5. Public Ground. Highways, roads, streets, alleys,
public ways, utility easements and public grounds in the city.
SECTION 2. PERMIT PROCEDURE.
I Subdivision 1. Permit Reauired. A company may not construct,
install, repair, remove or relocate facilities, or any part
I thereof, in, on, over, under or along public ground without first
obtaining a permit from the city.
I
I 1 Enacting clauses are different in various charters. The statutory city
enacting clause is used here.
,. 2. "The director of publ ic works I the ci ty engineer I the street
superintendent, etc." Some cities prefer to designate the city manager as the
adm~nistrative authority in all cases relying on the manager to make the appropriate
asslgnment.
I JMS8a'13
SU160.17 1
, '.
I
Subd. 2. Application. Application for a permit is made to ~
the director. I
Subd. 3. Issuance of permit. If the director determines that
the applicant has satisfied the requirements of this ordinance the I
director may issue a permit to the company. An applicant may
contest a permit denial or the conditions of approval by written
notice to the clerk requesting a city council review within
fourteen (14) days of the director's action. The Council shall I
hear any contest of the director's actions under this ordinance .
within forty-five (45) days of the city clerk's receipt of the
contest notice. Nothing in this ordinance precludes the city from I
requiring a franchise agreement with the applicant, as allowed by
law, in addition to the issuance of a permit set forth herein.
Subd. 4. Permit fee. The application must be accompanied by .
the permit fee set by the city council by resolution.'
Subd. 5. Securitv for completion of work. Prior to I
commencement of work, the company must deposit with the city
security in the form of certified check, letter of credit or
construction bond, in a sufficient amount as determined by the I
director for the completion of the work. The securities will be
held until the work is completed plus a period of months
thereafter to guarantee that restoration work has been
satisfactorily completed. Upon application of the company, ..
providing such information as the director may require, if two or
more work projects are to be constructed during a calendar year,
the director may accept, in lieu of separate security for each
project, a single security for multiple projects in such form and I
amount as determined, in the discretion of the director, to be
sufficient to assure completion of all projects which may be in
progress at anyone time during that calendar year and to guaranty I
that restoration work will be satisfactorily completed. The
security will then be returned to the company with interest if
required by law and then interest at the applicable statutory I
rate. ·
Subd. 6. Inspection of work. When the work is completed the
company must request an inspection by the director. The director I
will determine if the work has been satisfactorily completed and
provide the company with a written report of the inspection and
approval. I
I
3 Many cicies set permit and license fees annually by resolution. If this
is not done, the actual fee should be inserted here. The amount of the fee should I
not exceed the amount reasonably expected to cover all city costs of administration,
inspection and enforcement. ..
4. The rate of interest. could be the statutory rate of _% or some
recognized rate such as prime or a T-bill rate.
JMS88 913
50160-11 2 I
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~ SECTION 3. RESTORATION AND RELOCATION.
Subdivision l. Restoration. Upon completion of the work, the
. company must restore the general area of the work, including paving
and its foundations, to the same condition that existed prior to
commencement of the work and must exercise reasonable care to
maintain the same condition for two years thereafter. The work
I must be completed as promptly as weather permits. If the company
does not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and restore the public ground to
1 the same condition, the city may put it in the same condition at
the expense of the company. The company must, upon demand, pay to
the city the direct and indirect cost of the work done for or
performed by the city, including but not limited to the city's
I administrative costs. To recover its costs, the city will first
draw on the security posted by the company and then recover the
balance of the costs incurred from the company directly by written
1 demand. This remedy is in addition to any other remedies available
to the city.
Subd. 2. Comoanv initiated relocation. The company must give
. the city written notice prior to a company initiated relocation of
facilities. A company initiated relocation must be at the
company's expense and must be approved by the city, such approval
Ie not to be unreasonably withheld.
Subd. 3. Citv recruired relocation. The company must
promptly and at its own expense, with due regard for seasonal
1 working conditions, permanently relocate its facilities whenever
the city requires such relocation.
. Subd. 4. Relocation where oublic qround vacated. The
vacation of public ground does not deprive the company of the right
to operate and maintain its facilities in the city. If the
1 vacation proceedings are initiated by the company, the company must
pay the relocation costs. If the vacation proceedings are
initiated by the city or other persons, the company must pay the
relocation costs unless otherwise agreed to by the city,' company
1 and other persons.
SECTION 4. COMPANY DEFAULT.
1 Subdivision 1. Notice. If the company is in default in the
performance of the work authorized by the permit, including but not
1 limited to restoration requirements, for more than 30 days after
receiving written notice from the city of the default, the city may
terminate the rights of the company under the permit. The notice of
default must be in writing and specify the provisions of the permit
1 under which the default is claimed and state the grounds of the
claim. The notice must be served on the company by personally
" , Vacation proceedings often initiat.ed by property owners and
are
occasionally by the city itself. This provision authorizes cost sharing among the
city, company and property owners if agreement can be reached.
I JMS8S91J 3
StJ160.17
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delivering it to an officer thereof at its principal place of ..
business in Minnesota or by certified mail to that address.
Subd. 2. Citv action on default. If the company is in
default in the performance of the work authorized by the permit, I
the city may, after the above notice to the company and failure of
the company to cure the default, take such action as may be
reasonably necessary to abate the condition caused by the default. I
The company must reimburse the city for the city's reasonable
costs, including costs of collection and attorney fees incurred as
a result of the company default. The security posted under Section
2, Subdivision 5 will be applied by the city first toward payment I
for such reimbursement.
SECTION S. INDEMNIFICATION.
Subdivision 1. Scope. The company will indemnify, keep and .
hold the city, its elected officials, officers, employees, and
agents free and harmless from any and all claims and actions on I
account of injury or death of persons or damage to property
occasioned by the construction, installation, maintenance, repair,
removal, relocation or operation of the facilities affecting public I
ground, unless such injury or damage is the result of the
negligence of the city, its elected officials, employees, officers,
or agents. The city will notify the company of claims or actions
and provide a reasonable opportunity for the company to accept and eI
undertake the defense.
Subdivision 2. Claim defense. If a claim or action is brought I
against the city under circumstances where indemnification applies,
the company, at its sole expense, shall defend the city if written
notice of the claim or action is given to the company within a
period wherein the company is not prejudiced in the defense of such .
claim or action by lack of such notice. If the company undertakes
the defense, the company shall have complete control of such claim
or action, but it may not settle without the consent of the city, .
which shall not be unreasonably withheld. This section is not, as
to third parties, a waiver of any defense or immunity otherwise
available to the city. In defending any action on behalf of the
city, the company is entitled to assert every defense or immunity I
that the city could assert in its own behalf.
SECTION 6. OTHER CONDITIONS OF USE. I
Subdivision 1. Use of public around. Facilities must be
located, constructed, installed, maintained or relocated so as not
to endanger or unnecessarily interfere with the usual and customary I
traffic, travel, and use of public ground. The facilities are
subject to additional conditions of the permit as established by
the director including but not limited to {il the right of I
inspection by the city at reasonable times and places; (El the
obligation to relocate the facilities pursuant to Section 3,
Subdivisions 3 and 4; and liE) compliance with all applicable -.
regulations imposed by the Minnesota Public Utilities Commission
JMSS8913 4 I
SU160.17
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~ and other state and the federal law, including prompt compliance
with the requirements of the Gopher State One Call program,
Minnesota Statutes Chapter 216D.
I Subd. 2 . Location. The facilities must be placed in a
location agreed to by the city. The company shall give the city
forty-five (45) days advanced written notice of the company's
I proposed location of facilities within the public ground. No later
than 45 days after the city's receipt of the company's written
notice the city will notify the company in writing of the city's
acceptance or rejection of the proposed location. If the city
I rejects the company's proposed location, the city shall propose
alternative locations. The city does not waive or forfeit its
right to reject the location of facilities by failure to respond
I within the 45 days.
Subd. 3. Emeraencv Work. A company may open and disturb the
I surface of public ground without a permit where an emerge~cy exists
requiring the immediate repair of its facilities. In such event
the company must request a permit not later than the second working
day thereafter and comply with the applicable conditions of the
I permi t . In no event, may the company undertake such an activity
which will result in the closing of a street or alley without prior
notification to the city.
.. Subd. 4. Street improvements. pavina or resurfacina. The
city will give the company written notice of plans for street
improvements where permanent paving or resurfacing is involved.
I The notice must contain (i) the nature and character of the
improvements; (ii) the streets upon which the improvements are to
be made; (iii) the extent of the improvements, the time when the
I city will start the work; and, (iv) if more than one street is
involved, the sequence in which the work is to proceed.
Subd. 5. Companv protection of facilities. The company must
I take reasonable measures to prevent the facilities from causing
damage to persons or property. The company must take reasonable
measures to protect its facilities from damage that could be
I inflicted on the facilities by persons, property, or the elements.
The company must take specific protective measures when the city
performs work near the facilities.
I Subd. 6. Prior service connections. In cases where the city
is undertaking the paving or resurfacing of streets and the
facilities are located under such street, the company may be
I required to install service connections prior to the paving or
resurfacing, if it is apparent that service will be required during
the five year period following the paving or resurfacing.
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SECTION 7. EFFECTIVE DATE AND APPLICABILITY TO EXISTING --
FACILITIES.6 Companies with facilities, in, on, over, under or
along public ground on the effective date of this ordinance must
take prompt action to comply with this ordinance and the permits
authorized by this ordinance. A company, however, is not required
to reapply for a permit obtained from the city prior to the I
effective date of this ordinance. A company is not required to pay
the difference between the permit fee of a previously obtained
permit and the equivalent newly obtained permit under this .
ordinance. All other provisions of this ordinance apply to
existing facilities.
SECTION 8. ACCEPTANCE OF REQUIREMENTS. By receiving a permit .
pursuant to this ordinance, the company accepts and agrees to
comply with all of the requirements of this ordinance.
SECTION 9. PUBLIC GROUND OTHER THAN RIGHT-OF-WAY. Nothing in this .
ordinance is intended to grant to the company authority beyond that
given by Minnesota Statutes Section 222.37 for use of toPe public
right-of-ways for construction and operation of facilities. If the .
city allows the company to use its non-right-of-way public ground,
the terms of this ordinance apply to the extent they are consistent
with the contract, statutory and common law rights the city owns in I
such property.
SECTION 10. REGULATIONS: PERMIT SCHEDULES. The director is
authorized and directed to prepare suitable regulations and ..
schedules for the administration of permits issued under this
ordinance.
SECTION 11. SEVERABILITY. If any provision of this ordinance is I
contrary to law and therefore unenforceable, such provision will be
severed and will not affect the other provisions of this ordinance. I
Passed and approved
I
ATTEST: Mayor I
Clerk I
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, Effective dates vary from charter to charter. In statutory cities, the I
ordinance is effective on publication. This section grandfathers fees already paid ..
for an existing permit, but requires compliance with the new permit issued under
this ordinance.
JMS88913 6
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~ SUPPLEMENTAL REGULATIONS
Comment
I Many cities will have existing ordinances or regulations
setting out the permitting process, insurance requirements, and
other public safety requirements. If your city does not already
I have such provisions, the following sample regulations of the
Direct or Public Works may give some suggestions. Such provisions
could also be adopted by ordinance, but substantial flexibility to
change as experience shows ways to improve the process may be
I desirable.
I Public Grounds Use Permittina Reaulations
SECTION 1
APPLICATION FOR PERMIT.
I Any person desiring to so use public property shall apply for
a permit or renewal of a permit a minimum of two (2) working days
I before starting work and must submit detailed plans for street or
sidewalk use and pedestrian safety on major projects. This
provision or portions thereof may be waived by the Director of
.. Public Works in the event of an emergency.
SECTION 2
GUARDING OF OBSTRUCTIONS, FENCES
I Any permittee obstructing any street, alley, sidewalk or other
public property shall keep such obstruction or obstructions
I properly guarded at all times. From sunset to sunrise, all
obstructions must be guarded by a sufficient number of warning
lights placed in such manner that they will give proper warning of
said obstruction. The Director of Public Works may require any
I permittee obstructing a sidewalk to build adjacent to such
obstruction a tight board fence at least six (6) feet high, except
at street intersections where a six-foot open board fence shall be
I built and maintained, and adjacent to each such fence shall be
built and maintained a temporary walk at least four (4) feet in
width for the use of the public with a railing along the outside
edge of the walk at least thirty-six (36) inches high. The
I Director of Public Works may waive the requirement for a temporary
walk when it.is determined that a temporary walk is not necessary
and that pedestrians can more properly be protected by rerouting
I them to a walk across the street.
SECTION 3
DERRICKS AND HOISTS PROHIBITED
I No person shall place or use derricks or hoists of any kind or
~ any portion thereof, including outriggers and pads, upon any
~ sidewalk unless the permit specifically permits such action.
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SECTION 4 ..
LIFTING
Whenever any person applies for a permit for the use of a
street or sidewalk or portion thereof for the purpose of hoisting I
or lifting equipment or material over, across and above said street
or sidewalk, he shall provide for closing off those portions of the
street and/or sidewalk encompassed within the lifting area with
suitable barricades, signs, and warning lights and shall provide a I
four-foot pedestrian walkway around said lifting area, said walkway
to be suitably enclosed on the street side with barricades and
warning lights. I
SECTION 5
FLAGGERS
The Director of Publi c Works may direct that flaggers, as I
described in Section 6F of the Manual on Uniform Traffic Control
Devices for Streets and Highways, State of Minnesota, be used to I
control traffic.
SECTION 6
NOTICE OF TRAFFIC CLOSURE I
The permittee shall notify the Director of Public Works when
the permit area is closed to pedestrian and vehicular traffic and ..
again when it is open to such traffic.
SECTION 7 I
PERMIT REVOCATION
Any permit issued under this chapter may be revoked at any
time by the Director of Public Works when he finds it in the best I
interest of the City of
SECTION 8 I
INSURANCE
The permittee shall obtain liability insurance for both
personal injury and property damage in an amount not less than I
$1,000,000. The City shall be named as an additional insured under
that insurance for the services provided under the permit, The
permittee'S insurance will be the primary insurance for the City, I
Permittee shall provide a certificate of insurance on the City's
approved form which verifies the existence of the required
liability insurance coverage as well as worker's compensation
coverage. I
SECTION 9
PARKING PROHIBITED I
The parking of private vehicles within adjacent to the
or
permit area is prohibited. The loading or unloading of trucks ..
JMS8U13 8 I
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.e adjacent to the permit area is prohibited unless specifically
authorized by the permit.
I SECTION 10
DOUBLE FEE
Should any person or persons begin work of any kind without
I having first secured the necessary permit therefor, they shall be
required to pay double the fee provided for such permit.
I SECTION 11
PERMIT TO BE DISPLAYED
Permits issued under this chapter by the Department of Public
. Works shall be conspicuously displayed at all times for ease of
inspection on the indicated work site.
. Approved by the Director.
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I LMC Model Tobacco Ordinance
~
6/96 revised edition
I Disclaimer:
The following model ordinance is an attempt to provide cities with a comprehensive and
I enforceable means of controlling and reducing the illegal sale, possession, and use of tobacco,
tobacco products, and tobacco related devices to and by minors. It is a compilation of provisions
I from city ordinances from both Minnesota and other states.
The provisions of this ordinance have either been upheld by the courts, or should be readably
I defendable. At the end of the ordinance is a list of additional regulations a city may wish to
consider, but these provisions are either untested or are currently being challenged in the courts.
Cities are advised to use caution before adopting "cutting edge" provisions unless they are
I prepared for defending the ordinance against a legal challenge. As the courts rule on cases
involving "cutting edge" regulations, the League will report on the outcome of the cases and
cities can subsequently amend their ordinances as needed.
I Please note that this is only a model ordinance. While intended to be comprehensive, this
ordinance may not contain the full extent of regulations a city may ultimately impose in
.. controlling the problem of illegal tobacco sales and use. For other cities, it may contain more
restrictive measures than they wish to impose. In addition, there are options listed throughout the
ordinance that each city will need to decide how to handle. Each city should make any necessary
I changes to meet the needs of that particular city. Further, cities are encouraged to work with
their business community in the development of their tobacco ordinances. Cooperative efforts
I usually result in better ordinances for the needs of individual communities and the enforcement
of those ordinances.
I For additional assistance or information on this type of ordinance, please contact the League's
Codification Attorney. Minnesota ASSIST is available to respond to requests for technical
assistance and information in the area of preventing youth access to tobacco, tobacco products,
I and tobacco related devices. The Minnesota Retailers' and Grocers' Associations are available
to provide assistance in dealing with the concerns of retailers. It is likely that other groups, both
public and private, are also available to provide information and assistance from their
I perspectives. In addition, the League strongly encourages all cities to discuss this matter with
their city attorneys before adopting this or a similar tobacco ordinance.
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LMC Model Tobacco Ordinance ..
8/96 revised edition
Ordinance # _ I
An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco I
related devices in the city and to reduce the illegal sale, possession, and use of such items to and
by minors. .
The City Council of the City of Ordains: mote: This language is the accepted .
language for statutory cities. An individual city's charter may require different language for that
particular home rule charter city.)
Section 100. Purpose. Because the city recognizes that many persons under the age of 18 years .
purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of State laws; and because studies, I
which the city hereby accepts and adopts, mote: City should list the specific studies and reports
that it uses.) have shown that most smokers begin smoking before they have reached the age of
18 years and that those persons who reach the age of 18 years without having started smoking are ..
significantly less likely to begin smoking; and because smoking has been shown to be the cause
of several serious health problems which subsequently place a financial burden on all levels of .
government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco,
tobacco products, and tobacco related devices for the purpose of enforcing and furthering
existing laws, to protect minors against the serious effects associated with the illegal use of I
tobacco, tobacco products, and tobacco related devices, and to further the official public policy of
the State of Minnesota in regard to preventing young people from starting to smoke as stated in
Minn. Stat g144.391. I
Section 200. Definitions and Interpretations. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. The singular I
shall include the plural and the plural shall include the singular. The masculine shall include the
feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may"
means permissive. The following terms shall have the definitions given to them: I
Subd. I Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean
any substance or item containing tobacco leaf, including but not limited to, cigarettes; .
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; I
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in
such manner as to be suitable for chewing, sniffing, or smoking. (Note: This definition ..
expands on the statutory definition to be more inclusive.)
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,- Subd. 2 Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling papers, or other device used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
I
, Subd. 3 Self-Service Merchandising. "Self-Service Merchandising" shall mean open
displays of tobacco, tobacco products, or tobacco related devices in any way where any
person shall have access to the product without the assistance or intervention of an
I employee of the premise maintaining the self-service merchandising. Self-service
merchandising shall not include vending machines.
, Subd. 4 Vending Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco
related devices upon the insertion of money, tokens, or other form of payment directly
I into the machine by the person seeking to purchase the tobacco, tobacco product, or
tobacco related device. mote: At least one jurisdiction has ruled that a device by which
an employee must insert the money in order to operate the machine is not a vending
I machine for the purpose of this type of ordinance).
Ie Subd. 5. Individuallv packae:ed. "Individually packaged" shall mean the practice of
selling any tobacco or tobacco product wrapped individually for sale. Individually
wrapped tobacco and tobacco products shall include, but not be limited to, single
I cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more than
a single pack or other container as described in this subdivision shall not be considered
, individually packaged.
Subd. 6 Loosies. "Loosies" shall mean the common term used to refer to a single or
I individually packaged cigarette.
Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached the age
I of eighteen (18) years.
I Subd. 8 Retail Establishment "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
I convenience stores, and restaurants.
Subd. 9 Moveable Place of Business. "Moveable Place of Business" shall refer to any
I form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
f' structLlre authorized for sales transactions.
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Subd. 10 Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or I
-,
other consideration.
Subd, I I Compliance Checks. "Compliance Checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and I
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks may involve the use of minors as authorized by this
ordinance. I
Section 300 Liccnse. No person shall sell or offer to sell any tobacco, tobacco products, or I
tobacco related device without first having obtained a license to do so from the city.
Subd.1 Application. An application for a license to sell tobacco, tobacco products, or I
tobacco related devices shall be made on a form provided by the city. The application
shall contain the full name of the applicant, the applicant's residential and business I
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the city clerk shall forward the application to the council for I
action at its next regularly scheduled council meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete. mote: The city ..
clerk is used here as the most common person in the city to perform this task. City
should insert the title of the person aSsigned in that particular city.)
Subd. 2 Action. The council may either approve or deny the license, or it may delay I
action for such reasonable period of time as necessary to complete any investigation of I
the application or the applicant it deems necessary. mote: The city may want to provide
for a background check before the application is forwarded to the council. In such a case,
the clerk should forward the application to the investigating body within a reasonable I
period of time, and the background check should be completed within ten days. The
application and investigation results would then be forwarded to the council for action.)
If the council shall approve the license, the clerk shall issue the license to the applicant. I
If the council denies the license, notice of the denial shall be given to the applicant along
with notice of the applicant's right to appeal the council's decision.
Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar I
year from the date of issue. mote: The city may provide that all licenses expire on a
specific date.) I
Subd. 4 Revocation or Suspension. Any license issued under this ordinance may be I
revoked or suspended as provided in the Violations and Penalties section of this
ordinance.
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~. Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only on the
premises for which the license was issued and only for the person to whom the license
I was issued. No transfer of any license to another location or person shall be valid without
the prior approval of the counciL
I Subd. 6 Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
I ordinance.
Subd. 7 Display. All licenses shall be posted and displayed in plain view of the general
I public on the licensed premise.
Subd. 8 Renewals. The renewal of a license issued under this section shall be handled in
I the same manner as the original application. The request for a renewal shall be made at
least thirty days but no more than sixty days before the expiration of the current license.
I (N ote: City may use different timeline. )The issuance of a license issued under this
ordinance shall be considered a privilege and not an absolute right of the applicant and
shall not entitle the holder to an automatic renewal of the license.
I Section 400. Fees. No license shall be issued under this ordinance until the appropriate license
fee shall be paid in full. The fee for a license under this ordinance shall be $ .~:
Ie The old State law capping tobacco license fees at $12 has been repealed. A city may either set a
flat fee in an amount high enough to cover the cost of issuing and enforcing the ordinance,
including compliance checks, or it may provide for a declining fee schedule where licensees
I would be classified and charged a fee depending on the type of sales to be conducted. For
example, lower fees could be charged for licensees agreeing not to have vending machines or self
I service sales, etc. Some cities offer discounts for licensees who attend, and who require their
employees to attend, training workshops approved by the city designed to train people on how to
conduct legal sales, check identifications, etc. This declining fee schedule is gaining support and
I provides incentives for the licensee to take some responsibility. It has not, however, been tested
in Minnesota Courts. The system should be justified, however, because each rate would apply to
a different type of license (i.e. controlled sales, uncontrolled sales, vending machine sales, etc.))
I
Section 500. Basis for Denial of License. The following shall be grounds for denying the
I issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license. If a license is mistakenly issued or renewed to a person, it shall be
I revoked upon the discovery that the person was ineligible for the license under this Section:
(Note: The following is not an exclusive nor exhaustive list, but it does represent the most
common and defendable grounds for denial of the license. A city cannot act arbitrarily or
I capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to
a certain amollnt of due process before being denied a license.)
it
A. The applicant is under the age of 18 years.
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B. The applicant has been convicted within the past five years of any violation of a -.
Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or
tobacco products, or tobacco related devices. I
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related I
devices revoked within the preceding twelve months of the date of application.
D. The applicant fails to provide any information required on the application, or provides I
false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other I
regulation, from holding such a license. I
Section 600. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or
offer to sell any tobacco, tobacco product, or tobacco related device: .
A To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be provided in I
this ordinance. mote: see vending machine section.)
C. By means of self-service methods whereby the customer does not need to a make a ..
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product, or tobacco related device. mote: See discussion under "Self I
Service" Section 800.)
D. By means ofloosies as defined in Section 200 of this ordinance. I
E. Containing opium, morphine,jimson weed, bella donna, strychnos, cocaine, I
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and not naturally found in tobacco or tobacco products.
F. By any other means, or to any other person, prohibited by Federal, State, or other local I
law, ordinance provision, or other regulation.
Section 700 Vending Machines. (Note: City will need to make choices in this section and may I
combine parts of different options, or the city may elect not to impose any local restrictions on
vending machines.) I
Option #1: It shall be unlawful for any person licensed under this ordinance to allow
the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending I
machine.
Option #2: It shall be unlawful for any person licensed under this ordinance to allow the sale of -.
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I tobacco, tobacco products, or tobacco related devices by means of a vending machine unless the
I- machine is continually and constantly in plain view of the licensee or of his or her employee, is
operated only upon activation by the licensee or his or her employee, and complies in all other
respects with the State laws regarding the location and operation of such vending machines.
I Option #3: Subd. I Prohibition. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means
I of a vending machine.
I Suhd. 2 Exceptions. The prohibition in Subd. I shall not apply to the following
locations: mote: The following are common examples of exceptions and are not
I intended to be an exhaustive or exclusive list.)
I A. Exclusive liquor establishments (Intoxicating or non- intoxicating, on-
sale or off-sale).
. B. Bowling Centers, in the portion of the building where alcoholic
beverages are sold and consumed and not generally frequented by minors.
Ie C. Other businesses where minors are excluded as a matter of age.
Section 800. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to
I allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by
the customer may have access to such items without having to request the item from the licensee
. or the licensee's employee. All tobacco, tobacco products, and tobacco related devices shall
either be stored behind a counter or other area not freely accessible to customers, or in a case or
other storage unit not left open and accessible to the general public. Any retailer selling tobacco,
I tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply
with this Section within _ days mote: Fill in the blank. City needs to determine a reasonable
time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.)
I following the effective date of this ordinance. (Note: While this ordinance is intended to help
prevent youth access, a city does not want to impose undue hardship on its businesses.
Therefore, each city must determine what it believes to be reasonable for a store to do if the city
I elects to prohibit self-service sales. Alternatives to or additional requirements might include the
use of price lock-out scanners, theft deterrent tagging on packages and cartons, installation of a
signaling device that sounds warning a clerk whenever anybody enters the area where tobacco,
. tobacco products, and tobacco related devices are being sold or when a package or carton is
removed from thc storage unit, and requiring that all tobacco, tobacco products and tobacco
I related devices be stored within the normal line of sight of the clerk. In addition, a waiver of the
strictest rcquirements might be provided for where the licensee can show undue hardship and a
satist'1ctory alternative for preventing youth access.)
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Section 900. Responsibility. All licensees under this ordinance shall be responsible for the I
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actions of their employees in regard to the sale of tobacco. tobacco products, or tobacco related
devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder. Nothing in this section shall be construed as prohibiting
the City from also subjecting the clerk to whatever penalties are appropriate under this I
Ordinance, State law, or other applicable law or regulation.. (Notc: The clerk would be liable
under State law, and some cities find better compliance when the clerk is also subjected to
penalties under the ordinance. Each city will need to determine how it wishes to handle the issue I
of individual clerk responsibility. In the case of minor clerks, the city may not have the same
options available for adult violators. ) I
Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to
inspection by the city police or other authorized city official during regular business hours. From I
time to time, but at least once per year, (Note: City may specify a different schedule, or none at
all in terms of the minimum number of checks to be performed.) the city shall conduct
compliance checks by engaging minors to enter the licensed premise to attempt to purchase I
tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of
compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or
tobacco related devices when such items are obtained as a part of the compliance check. No I
minor used in compliance checks shall attempt to use a false identification misrepresenting the
minor's age, and all minors lawfully'engaged in a compliance check shall answer all questions
about the minors age asked by the licensee or his or her employee and shall produce any ..
identification for which he or she is asked.
Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a I
violation of this ordinance.
Subd.l Illegal Possession. It shall be a violation of this ordinance for any minor to have .
in his or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf .
of the city, or who have only temporary possession during a legal sales transaction.
Subd. 2 Illegal Use. It shall be a violation of this ordinance for any minor to smoke, I
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
Subd. 3 Illegal Procurement. It shall be a violation of this ordinance for any minor to .
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related device, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of .
this ordinance for any person to sell or otherwise provide any tobacco, tobacco product,
or tobacco related device to any minor, and it shall further be a violation for any person to I
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any
tobacco. tobacco product, or tobacco related device. This subdivision shall not apply to
minors lawfully involved in a compliance check 0n behalf of the city. ..
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~e Subd. 4 Use of False Identification. It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
I whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
I person.
Section 1200 Violations and Penalties.. Upon discovery of a suspected violation, the violator
I shall be issued a citation by the city police and given notice of his or her right to be heard on the
accusation. Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense. Any person found to be in violation of this ordinance shall be
I guilty of a misdemeanor and shall be subject to the maximum penalty authorized by State law for
a misdemeanor. (Note: The city may wish to consider adopting a graduated penalty scale it
would like to see the court impose.) As an alternative to a misdemeanor prosecution, the city
. may offer the accused violator a chance to pay an administrative fine as provided in the fine
schedule adopted and amended from time to time by the council. (l"!ote: If the city elects to
I follow an administrative penalty option, it needs to establish a fine schedule providing for
increasing fees for each subsequent offense, and for multiple offenses within a set period of time.
For example, $100 for the first offense, $200 for the second offense, $300 for the third offense,
I etc. and an additional $50 if a subsequent offense occurs within 12 months (or other set period
of time as city determines) of the previous offense, or an additional $100 ifit occurs within 6
months of the previous violation (or other set period of time). Some cities have raised questions
.. about a city's authority to impose administrative penalties, but as of the time this ordinance was
prepared, they appear to be justified and defendable, and those cities using them are reporting
great success and satisfaction. No court has specifically ruled on the issue of administrative fines
I in regard to city ordinances, but the risk of challenge appears minimal.] If the accused violator
accepts the administrative option, he or she may pay the fine to the city clerk-treasurer mote:
List the appropriate office in your city) or he or she may within ten days mote: City should
I provide at least a ten day period) of the notice, request an administrative hearing before the
councilor authorized hearing officer designated by the council. If after the hearing the person is
I found to be in violation ofthis ordinance, he or she shall be ordered to pay the fine. If a violator
elects to pay the fine, or if he or she is acquitted of the violation by the hearing officer, he or she
shall not be subject to misdemeanor prosecution for violation of the ordinance. If the violator
I fails to pay the fine within ninety days following the hearing, or ninety days following the last
day to request a hearing when a hearing has not been requested, the city may vacate the civil
action and proceed with the misdemeanor prosecution. At any time the accused violator may
I abandon his or her request to pursue the administrative penalty and elect to have his or her case
heard in court under the misdemeanor prosecution. The city shall also have the right to refuse to
offer the administrative penalty and instead proceed directly with the misdemeanor prosecution
I for a particular offense. eN ote: A city should document the reasons why the administrative
option is or is not offered in order to defend against challenges of discriminatory, arbitrary, and
capricious enforcement.) In addition to any fine or other penalty, whether administrative, civil,
I or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license. (Note: City is encouraged to establish a scale of
,. increasing suspension for each early violation, and revocation after multiple violations such as
three or four, or some amount within in a set period of time.) Before any license is suspended or
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revoked under this Section, the licensee shall be given notice of the accused violation and shall -.
be given the right to request a hearing on the matter and to appeal the findings of the hearing on .
suspension or revocation. In the case of an administrative penalty, the hearing for the penalty
may be the same as for the suspension or revocation. (Note: A city interested in pursuing the
administrative penalty option is encouraged to contact the League for further information and .
sample policies.)
Section 1300. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing .
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the .
violation of this ordinance for a person to have reasonably relied on proof of age as described by
State law.
Section 1400 Severability and Savings Clause. If any section or portion of this ordinance shall .
be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability I
of any other section or provision of this ordinance.
Section 1500 Effective Date. This ordinance shall take effect the day following publication in .
the city's official newspaper. (Note: City can specifY any time following publication.)
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I- Other Ordinance Provisions and Approaches
The following provisions are additional approaches to curb youth access to tobacco, tobacco
products, and tobacco related devices. These provisions, however, tend to be less effective,
I riskier, or simply not within the scope of regulation many cities wish to impose.
Point-oC-Sale Advertising. Point-of-sale advertising restrictions seek to eliminate the use of
I advertising methods such as clocks, colorful banners, grocery check-out lane dividers, etc. These
forms of advertisements frequently use characters or symbols found to be highly recognizable
I and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance
which sought to limit or prohibit most forms of advertising at the point of sale except for limited
black and white, text/numeric only "tombstone" signs. This ordinance was struck down by the
I courts, with an emphasis being placed on the fact that the ordinance was not content neutral.
While a less restrictive ordinance might be upheld, any ordinance of this type is highly subject to
challenge.
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Billboards. Related to point-of-sale advertising bans, some cities have sought to prohibit the use
I of billboards for advertising tobacco, tobacco products, and tobacco related devices. The City of
Baltimore, Maryland had a comprehensive ban on tobacco related billboards which the federal
fourth Circuit Court of Appeals upheld. The case was appealed to the U.S. Supreme court which
Ie remanded the case to be reconsidered in light of a recent liquor advertising case. It is expected
that under the new standard the court ordered applied, the ordinance will be struck down.. While
no Minnesota city has yet adopted such a ban, several cities have adopted zoning regulations
I restricting all billboards in the city limits. This comprehensive zoning approach has generally
been upheld by the courts.
I Free Distribution Prohibition. Most forms of free distribution of tobacco and tobacco products
are prohibited by State law, and few cities have had a problem with this issue and thus have not
I regulated it. One problem that still arises is the use of promotional activities where a person can
trade in coupons, proofs-of-purchase, etc. for free samples. Tracking this form of violation,
however, is difficult and it is not totally clear which laws would apply to this situation.
I Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some cities
would like to regulate other free promotional activities. The idea of restricting free gifts is to
I eliminate the enticement of young people through flashy give away items such as leather jackets
with brand names, etc. Even small items like lighters and frisbees can be viewed as enticements
to use a particular brand and at least indirectly encouraging minors to attempt to illegally obtain
I tobacco or tobacco products. Again, however, regulating such promotional schemes raise
constitutional challenges that would need to be overcome and thus such restrictions are highly
I subject to costly litigation.
Require Training Workshops. A few cities have imposed requirements that all licensees and
f' their employees attend workshops on the problem of youth smoking. when to require
identification, how to recognize false identifications, and general procedures for conducting sales
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and dealing with problems that may arise. These training opportunities are limited but increasing .
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in popularity. Before a city decides to impose this requirement, it needs to find a program it is
satisfied with that will meet the training requirements and achieve the results the city wants to
see.
Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of I
eighteen from selling tobacco, tobacco products, and tobacco related devices. Under this type of
ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached .
the age of at least 18 years assist a customer seeking to a restricted item. While there is no
express statutory authority for this type of restriction, it is more likely to present logistical and
not legal problems. Cities that have adopted this type of restriction base it on the similar .
language used by statute for alcoholic beverages. Before adopting this type of restriction, a city
should consider the potential impact on the job market for minors, as well as employee
availability for merchants. .
Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other .
types of activities considered harmful to minors, and it should be equally defendable for tobacco
licensing. Through a combination of the licensing and zoning ordinances of the city, the city can
make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain I
districts and within certain setback distances from other uses. For example, the city could
prohibit sales within SOD feet of schools, churches, residential areas, and other common areas
frequented by minors. ..
Signage. Licensees would be required to post signs indicating that it is illegal to sell tobacco,
tobacco products, and tobacco related devices to anyone under the age of 18 years, and that the .
possession and use of such items by minors is also illegal under both State law and the local
ordinance. Such signs give notice to the minors and serve as reminders to clerks to check
identifications when there is any doubt about a person being of legal age. Before adopting this .
requirement, a city should determine the type of signs it would want, and perhaps consider
providing them as a part of issuing the license (the cost could be incorporated into the license fee
or billed separately). I
Sponsorship of events at public locations. Some cities have adopted policies prohibiting I
tobacco companies from advertising at public parks, etc. and any private group using the
public facility must agree not to allow tobacco based sponsors to advertise by means of car
painting, placards, billboards, clothing ,etc. There are some potential constitutional challenges .
to this type of restriction based on equal protection and free speech, but if done correctly, this
regulation has worked and should be defensible.
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145 University Avenue West
League of Minnesota Cities St. Paul, MN 55103-2044
I August 16, 1996
I Nancy Christensen
Executive Director
1 Minnesota Grocers Association
533 St. Clair Avenue
St. Paul, MN 55102
1
I Dear Nancy:
Enclosed is a revised edition of the League's model tobacco ordinance. In this revision,
I comments that could be viewed as being editorial or endorsing of a particular view have been
removed. Further, additional options and points of clarification have been added. However,
because the intent of a model ordinance is to provide cities with a comprehensive guide as to
.. what the may legally do to combat a particular problem, in this case underage tobacco use, it
was not possible to incorporate an of the requested changes you summarized on behalf the
assorted retailers' associations.
I The disclaimer cover sheet for the ordinance has been revised to include the Grocers'
I Association and the Retailers' Association as additional sources of information and to point out
that other groups may also be available. Further, the disclaimer now more clearly states that
the ordinance is only a model and should be modified to meet the needs of each particular city.
1 To achieve that goal, the disclaimer also encourages cities to work with the merchants in the
drafting of the ordinance.
1 In section 500, language was added that states that while a city has the authority to deny a
license for the stated grounds, it does not have to unless otherwise required by law. Language
was also added to the notes field reminding cities of the need to provide due process and to not
I act arbitrarily and capriciously. The grounds themselves, however, were not modified as they
are representative samples of what the courts have said are valid grounds for denying a
license.
I Because this model is intended to be a comprehensive guide, item C was not removed from
I Section 600. The note cross-referenced, however, has been expanded in Section 800.
Again, because the model is intended to be comprehensive, Section 800 was not eliminated.
if However, to address the valid concerns raised during our meetings, language has been added
to raise those concerns and additional options have been added.
1 AN EQUAL OPPORTUNITY/AFFIR:-.tA1'tVE ACTION EMPLOYER
(i\1:~)~dl L!l)iJ (3001 925.lI22 T IlI1 ',(; '2 i 2, [.] 290 F,l'\d;\'21~:l.l2>
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Because this ordinance is primarily a licensing ordinance, it is appropriate the licensee be _I
responsible for the actions of his or her employees. This option provides the city with one
more tool to use in achieving compliance with the ordinance and reducing youth access. Thus I
Section 900 was also left in the model. Language was added, however, to clarify that the
individual clerk may also still be held responsible. I
Section 1000 was left unchanged because cities need to have the flexibility of determining how
to best conduct compliance checks. The League has information available to provide cities on I
how to conduct proper compliance checks, as does the ASSIST project and other groups. Not
all cities have a large enough police force to conduct compliance checks, and thus must rely on I
other authorized groups or city officials.
Under the "Other Provisions" section, information updating the current legal status for both I
point-of-sale advertising and billboard restrictions has been added. There are cities interested
in pursuing what options remain in these areas in light of the recent court opinions, and thus it
is appropriate to still list them in the model. I
If you have any questions or comments about the revised model or the information above,
please feel free to contact me. I will, however, be out of the office from August 26 until I
September 9.
Sincerely, ..
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Kent Sulem
Codification Attorney I
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~- CITY OF ARDEN HILLS
1 MEMORANDUM
I DATE: February 10, 1997
TO: Mayor and City Council
, FROM: Kevin Ringwald, Community Development Director ~
1 SUBJECT: Joint Powers Agreement, Ramsey County GIS Users Group
I Request
The City Council is requested to participate in the Ramsey County GIS Users Group by
executing the attached joint powers agreement (Exhibit A).
1 Discussion
Typically, cities have developed the initial structure (ie., Parcels and Property Records) for their
I Geographic Information Systems (GIS) either in-house or by purchasing the information from
outside sources and then maintaining that data in-house. The Staff would conclude that the City
should participate in collaborative approach offered by the Ramsey County GIS Users Group.
.. The City of Arden HilIs does not have the available staff time to produce the parcel and property
records in-house. My previous experience with a city of22.8 square miles is that they expended
, 4,680 staff hours (2.25 employees x 2,080 hours) producing the parcel and property records in-
house. If this is used as a guide, then Arden Hills (9.4 square miles) would expend 1,930 staff
hours (4,680 staff hours x (9.4 sq. miles 122.8 sq. miles)) to produce the initial data and then the
I City would be responsible for maintaining those records.
I Ramsey County currently sells the parcel and property records data for $364 per Mega-byte
(Mb), plus $45 per hour of processing. It is estimated that the parcel and property records data
for the City would cost approximately $20,000 ($277,000 entire county x (9.4 sq. miles in City 1
I 130 sq. miles in County)) and then the City would be responsible for maintaining those records
or would purchase updated versions of those records as they become available or are needed.
I The Ramsey County GIS Users Group has negotiated with Ramsey County to provide cost
savings to their members. Ramsey County will provide unlimited access to their parcel, property
records, and physical features data to the Ramsey County GIS Users Group for a set fee. The fee
. is for access and delivery of the data and not for the development or maintenance of that data.
The fee for Arden HilIs in 1997 is $1,131.00, plus a one time membership fee of$500, for a total
cost of $1 ,631.00. As a part of the joint powers agreement, the City would agree to provide to
I Ramsey County and any other member its attribute data (ie., comprehensive plan, zoning, etc.,)
which can be associated to a parcel using a parcel identifier.
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Budl!et Impact .'
The 1997 budget for the City of Arden Hills did not contain a specific allocation for the Ramsey
County GIS Users Group. However, the Staff would anticipate cost savings in the preparation of I
the Comprehensive Plan update (Fund 101-41910-3120) sufficient to offset this cost.
Recommendation I
The Staff recommends that the City Council elect to participate in the Ramsey County GIS Users
Group and to that end authorize the Mayor and the City Administrator to execute the attached I
Joint Powers Agreement.
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I Ramsey County GIS Users Group January 24, 1997
I- TO: Members of Ramsey County GIS Users Group
I FROM: David Windle /4:\; ? '~.:}':)7
SUBJECT: Joint Powers Agreement for the Ramsey County GIS Users Group. "--.'
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I Please ensure that your City Managerl Administrator, Mayor/ChairlPresident, Elected Officials (which
I ever apply) receive the copy of the Joint Powers Agreement and the attached documents that were
mailed out.
I At the last User Group meeting, it was noted that the JP A needs to be signed by organizations on or
before March I, 1997 for your organization to be classed as a regular Member of the Users Group.
Failure to do so would mean that the organization would be required to join as a New Member.
.. Please follow up on the trail of the JP A within your organization so that it can be placed on the next
available council meeting agenda or board meeting.
I Thank you for your cooperation and patience over the months while this document was being drafted.
I Don't hesitate to call me on 490-2219 if you have any further questions.
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Yours Sincerely,
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~, JOINT POWERS AGREEMENT I
BETWEEN I
MEMBERS OF -I
THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP
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This JOINT POWERS AGREEMENT is entered into pursuant to the provisions of Minnesota Statutes Section
47159 between body politic and corporate under the laws of the I
State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes
of forming the Ramsey County Geographic Information System Users Group hereinafter referred to as the "Users I
Group".
ARTICLE 1. INTENT OF THIS AGREEMENT: I
In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) I
and data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part of the Users Group to be represented by the Users Group for the purposes of undertaking negotiations an..
transactions with Ramsey County and any other body politic.
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ARTICLE II. DEFINITIONS:
Section I. Members are deemed to be those local units of government, special purpose government units, I
local agencies and the Ramsey Soil & Water Conservation District who have executed this Joint Powers Agreement
and have paid requisite fees. ,
Section 2. Affiliate Members are those county, regional, state and federal agencies, local government ,
organizations with regional jurisdiction and local government cooperative organizations with direct or indirect
involvement in Ramsey County GIS activities. Affiliate membership must be approved by the Board. Affiliate
Members are non-voting participants and are not eligible to serve on the Board. I
Section 3. Associate Members are those private sector companies invited by a Member to participate in the
Users Group and who agree to pay requisite fees. Associates are deemed to be non-voting participants and are not I
eligible to serve on the User Group Board of Directors.
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I' ARTICLE m. USER GROUP STRUCTURE: 3,1"
Section L The Users Group will be governed and managed by a Board of Directors.
I Section 2. One Director will represent each Member organization.
. Section 3. Directors will be selected at the discretion of each Member organization.
I Section 4. The Board shall also have a Chair, Vice Chair, Secretary, Treasurer and a Fiscal
Agent.
Section 5. These positions are elected annually by the Board
I Section 6. These positions are undertaken on a voluntary basis without pay.
Section 7. A quorum will consist of at least a two-thirds attendance of full membership of the
Board.
I Section 8. Decisions will be made by majority of the quorum.
ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS:
I Section I. The Board shall meet at least two times per year
Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date
I of this agreement. The meeting will be called for the purposes of electing the positions of Chair, Vice Chair,
Secretary, Treasurer and Fiscal Agent. This meeting will allow the adoption of by-laws and other procedures
governing the conduct of its meetings and its business as it deems appropriate.
I Section 3. The second mandatory annual meeting will be called by the Board to determine the User Group
Budget, review the operating procedures within the Joint Powers Agreement, and approve agreements with Ramsey
County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features.
I Section 4. The Board shall approve and adopt the formula for the distribution of costs associated with access
to Ramsey County GIS data and for the updating of physical features. This formula will be reviewed annually by the
Board.
.. .. . Section 5. The Board shall arrange for and facilitate regular meetings of the User Group and for User Group
actlVltles.
Section 6. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the
I Chair The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings
to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board.
I Section 7. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group.
Disbursement will be made in the method prescribed by law for statutory cities.
Section 8. The Board may take such actions as it deems necessary and convenient to accomplish the general
I purposes of this agreement.
Section 9.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability
of the Users Group and its constituent Members.
I Section 10. The Board may:
(i) enter into contracts to carry out its powers and duties;
(ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity
I in which it may have an interest;
(iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis;
(iv) purchase, hold or dispose of real personal property;
. (v) contract for space, commodities or personal services with a Member or group of Members;
(vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United
States of America, and from other government units and may enter into agreements in connection therewith and hold,
I use and dispose of such money or property in accordance with the tenus of the gift, grant, loan or agreement relating
thereto.
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ttlu ARllCLE V. !'In\' MMIH.LH.S:--- ,
Section 1. Those units ofgovemment who are not part of this initial agreement may join the Users Group I
at any time.
Section 2. To become a Member, they must agree to sign the current Joint Powers Agreement. I
Section 3. The New Members will pay the current one-time membership fee and the data exchange fee a.
calculated by the current formula. Fees will not be pro-rated for new Members who join after January I of each yea I
ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY:
Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey I
County for the exchange of County GIS Data with Members at a preferential fee structure. A component of the fees
will apply to the maintenance of digital physical features only after these features have already been updated from .
1996 aerial photography.
Section 2. The GIS Data should consist of the following components:
(i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public ,
Works.
(ii) The Ramsey County Attribute Data Base as generated and maintained by the Department of Property
Records and Revenue. I
(iii) The Physical Features File as generated and maintained by the Department of Public Works
Section 3. The Board will negotiate on behalf of the Members for the cost and method of access to this data.
The Board must be satisfied as to the content, accuracy and timeliness of the data to be supplied. I
ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT:
Section I. A Member will agree to exchange any GIS data with Ramsey County and with any other Member I
or Affiliate Member for its own use where that data has been in some way derived and developed from the County
GIS Data supplied as a result of future agreements between the Users Group and Ramsey County. A Member wiJ.l
agree to exchange with Ramsey County and with any other Member or Affiliate Member, any attribute data that ~
has created and maintained where that data can be associated to a parcel using a parcel identifier. A Member will I
also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of
future physical feature data base updates.
Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed I
necessary relating to supply of GIS data generated by a Member
Section 3. Any costs associated with the supply of data to Ramsey County or any Users Group Members
shall be for access and delivery of that data only and not for any costs associated with the development of that data I
ARTICLE VIll. DATA ACCESS AND USAGE:
Section 1. All Members shall have equal rights to access Ramsey County GIS Data. I
Section 2. Data generated by Ramsey County and provided to Members may not be sold by Members to third
party agencies. However, data may be used by a third party for specific contracted purposes. Data generated by .
Members and provided to Ramsey County may not be sold by Ramsey County to third party agencies. However, data
may be used by a third party for specific contracted purposes.
Section 3. Data derived from Ramsey County GIS Data by any Member may be sold or exchanged by that I
Member of the Users Group to a third party.
Section 4. All members will adhere to future Users Group license agreements for County or other agency I
GIS data.
Section 5. Associate Members will not have access to Ramsey County GIS Data except where directed bY...
a Member to use data as part of a project under specific contracted guidelines.
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ARTICLE IX. DATA SECURITY:
I All Members of the Users Group agree to abide by the data privacy and data security standards of the supplying
-('agency when using data made available by that agency.
ARTICLE X. FINANCIAL MATTERS:
I Section 1. The fiscal year of the Users Group is the calendar year.
Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July
1 of each year. The Board will give an opportunity to each Member to comment or object to the proposed budget
I before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer
of each Member organization.
I Section 3. Operational costs shall be shared according to a method agreed upon by majority decision amongst
the Board of Directors. The costs could be met by membership fees. These costs could include Users Group
administrative costs, purchase of liability insurance and others as appropriate.
I Section 4. Membership Fee:
Members and Associate Members will agree to pay a one-time membership fee of $500 to the Users Group
for the calendar year 1997. The amount of this fee will be reviewed and set annually by the Board of Directors for
I new Members.
Section 5. Data Access and Physical Features Maintenance Fee
Members will commit to a three-year payment of data access and physical features maintenance fees. Ramsey County
, will charge the Users Group on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will
be paid to Ramsey County by the Users Group on behalf of the Members on an annual basis The amount to be paid
by each Member will be determined by the Board of Directors and will be reviewed annually.
~ Section 6. Special Proiects Assessments:
embers who wish to enter into special projects and consultations shall present proposals to the Board for review.
Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by
I the Board, those Members who are part of the project will be assessed to meet the cost of the project.
Section 7. Billings to the Users Group Members are due and payable no later than 30 days after mailing.
In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to
I preserve membership status. The Member may make payment subject to its right to dispute the bill and exercise any
remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the
Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users
I Group rights to billing are not affected by the termination of membership.
ARTICLE XI. TERM
I Section L This agreement shall be in force through December 31, 1999, or until superseded by another
, agreement.
Section 2. Based on the annual review of the operating procedures within the Joint Powers Agreement
conducted by the Board of Directors, a new Joint Powers Agreement will be developed and circulated at least three
. months prior to December 31, 1999 and be agreed upon and signed on or before December 31, 1999.
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ARTICLE XII. TERMINATION:
Each member shall have the right to terminate its membership and participation in the Users Group with or without I
cause by formal resolution of the board of the Member's organization. However, the Member is still obligated to its
current financial commitments at the time of cessation of membership. These commitments include: -.
(i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to a
Members.
(ii) any balance owing on Special Projects Assessments This commitment applies to Members which have
entered into any special project agreement(s). I
ARTICLE xm. DISSOLUTION: .
Section L The Users Group may be dissolved by a two-thirds vote of its Members in good standing.
Dissolution is mandatory when the Secretary has received certified copies ofresolutions adopted by the governing I
bodies of the required Members requesting dissolution of the Users Group.
Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the
dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the I
provisions of this agreement and law.
Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the
Users Group will be distributed among the then existing Members in direct proportion to their cumulative annual I
contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be
charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions.
.
ARTICLE XIV. ACCESS TO DOCUMENTS:
Until the expiration of three years after this Agreement terminates, the Users Group shall make available to t~
Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting
procedures and practices of the Users Group relating to this Agreement. I
ARTICLE XV. HOLD HARMLESS:
Section L Each Member agrees to defend, indemnifY and hold the other Members harmless from any claims, I
demands, actions or causes of action, including reasonable attorney's fees, against or incurred by such other
Members, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants I
or employees in the performance of or with relation to any of the work or services provided by Members under the
terms of this Agreement.
Section 2. Nothing in this Agreement shall constitute a waiver by either Members or the Users Group of any I
limitation ofliability under Minnesota Statutes Chapter 466.
SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: I
Section 1. The Members and the Users Group agree to comply with all federal, state and local laws, I
resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of
race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public
assistance, disability or age. I
Section 2. When required by law and requested by the other party, the Users Group shall furnish a written
affirmative action plan to the Members. ..
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I SECTION XVll. DATA PRACTICES: 7,1,.
I Section I. All data collected, created, received, maintained or disseminated for any purpose in the course
~ either the Member's or the Users Group's performance of this Agreement is governed by the Minnesota
overnment Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act.
I Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules and regulations.
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IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this _ day of , .
1997. -I
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ORGANIZATION ,
Approved: .
By:
( Mayor 1 Chair 1 President ) .
By: I
( City Manager 1 Administrator )
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Ramsey County GIS Users Group January 24, 1997
I TO: City Managers, Administrators and Elected Officials of
.- Future Member Organizations of the Ramsey County GIS Users Group
FROM David Windle (on behalf of the Ramsey County GIS Users Group)
See attached sheet for listing of potential Members, Associates and Affiliates
I SUBJECf: Joint Powers Agreement between Members of the Ramsey County GIS Users Group
. It is with great pleasure that I forward to you a copy of the Joint Powers Agreement between potential Members of the
Ramsey County GIS Users Group for your perusal and hopefully for your acceptance.
I Over the past eighteen months, many individuals from a wide variety of backgrounds have worked hard to build the Group
and keep it functioning. The aim of the Users Group has been to encourage organizations to cooperate through the sharing
I of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems within local
units of government.
I The Joint Powers Agreement presented here is the document which enables the Users Group to act as a legal entity on behalf
of its membership.
. For each organization to be able to receive the full value of membership for the year, it is imperative that the JP A
is signed by Member organizations before March I, 1997. After this date, each organization will be able tojoin only
as a New Member. New membership would require that the full amount of fees be paid, but data access and other
membership benefits ",ill be available for only the portion of the year remaining after the JP A has been signed.
Ie The data that is available through this agreement ccnsists of a digital representation of the Ramsey County parcel base map
and associated attribute data from its taxation data base. In addition, a digital graphic representation of physical features
I such as buildings, road edges, water bodies etc. will be accessible. These data sets form the foundation for any parcel-based
GIS and would be very expensive to develop, maintain in-house. In addition, those organizations who request these data
sets outside the User Group can do so individually, but will be charged for data access each time an updated base is required.
I The attached Fee Allocation Sheet details the formula to be adopted by the Users Group and the resulting fees which are
to paid annually by each organization for a three-year period. The fonnula is based upon the population served by each
. organization as calculated by the latest available figures from the Metropolitan Council. In addition, a population factor
is applied to similar categories of agencies based upon the value of data available to the Member. In the case of the City
of St. Paul, an allowance has been made for the special relationship ",ith Ramsey County through past and ongoing
. assistance in GIS data base creation and maintenance.
Please ccntact either myself on 490-2219 or Cliff Aichinger (Administrator-RamseyAV ashinglon Metro Watershed District)
. on 777-3665 for further details.
We thank you for your consideration and prompt action in approving the JP A for your organization.
I YoursS. cer~
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David Win Ie - City of Roseville
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l(;)fil Kamsey county vl~ user vroup .Fee Allocation l~~ J .-
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(Refer to Joint Powers Agreement)
Version II: December 30, 1996
1. Membersbip Fee I
. once only flaltee for each usc:r $500
2. Annual Data Access & Pbysical Features Maintenance Fee -,
. Initial Fee period commences an January 1. 1997 and annually thereafter from Jan. I
. Members commit to a three-year payment of these fees
Entities not participating will be charged as per the existing County fee schedule.
($364 per Mb of data plus $45 per hour processing) ,
Org;anization Catclitory: Population Factor:
St Paul- 25
Municipalities 100
School Districts 75
Watershed Districts 7.5 .
RAmsey Soil & Water Conservation Distict 2
Univrnity of Minnesota (Facilities Management) 2
Metro East Development Partnership" 0
Fire Departments'" 0
.,Von.s!ando.rd organiza.tion .
..,orm,dfred part of th~ municipalities
Note: The fn is calculated by lDultiplying the (population factor J: (population J: per capita rat~SO.12))
(cg. New Brighton - (22328 xl.Q) x(0.12)- 5:679)
Breakdown by organization: I
Organization Name; Est 1994 Population Units 1997 Feu
papulation Factor .Assigned I
served
(Mete""""il)
Arden Hills 9,426 1000 9426 SI,13l
Falc:onHeights 5297 1000 5297 S636 .
Gem Lake 449 1000 449 S54
Lauderdale 2718 1000 2718 $326
Little Canada 9225 1000 92.25 $1,107
Maplewood 32903 1000 3290] $3,948 ..
Mounds View 12552 1000 12552 $1,506
New Brighton 22J:!8 1000 22328 $2,679
North Oaks (X) 3644 1000 3644 x SO
North St Pau] 12809 1000 12809 $1,537
Roseville ]]67... 1000 3367... 54,041 I
Shoreview 25957 1000 25957 $].115
Sr..Paul 271660 0.150 67915 $8,150
Vadnais Heights l1968 1000 11968 $1.436
'W'hite Bear TO\'imhip 10236 1000 t0236 $1.228 I
White Bear Lake 25398 1000 25]98 $],048
RarnseyfWash Metro WD 150000 0,075 11250 $1,]50
Rice Creek WD (X) , 0.050 x SO
Ramsey SWCD 492909 0.020 9858 St,183 I
Mounds View Schools , 0.050 x SO
Nth St.PauliMaplewd Sch (X) , 0050 x SO
Roseville Schools 50172 0.Q75 3763 5452
St Paw Schools ? 0050 x SO I
Vlhitc Bear Lake Schools ? 0,050 x SO
UofM(Facilities:\{w:) 271660 0,020 5433 x $679
Total: $37,606 .
Note; Those entities assumed to be non-participants are designated with (X).
Entities ""i.shing to enter as a participant partway through the annual .
maintenance fee period win pay the full annual amount designated for that site
and will not be pro. rated.
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~e Current Listing of GIS User Group Members
Associates and Affiliates
I December 1996
Potential Members
I . City of Arden Hills Kevin Ringwald
. City of Gem Lake
I . City of Lauderdale Dan Olson 631-0300 Admin! Asst.Mgr
. City of Maple wood Steve Hurley 770-4528
. City of Mounds View Jim Hess Engineering
I . City of New Brighton Les Proper 638-2053 Dir Public Works
. City of Rose vi lie David Windle 490-2219
. City of Shoreview David Ebeling 490-4652 Planning
I Todd Howard Engineering
Tom Hammitt
I . City of S1. Paul Rick Person 266-6122 Public Works
. City of Vadnais Heights Shar Foster 429-5343 Admin/MIS
. City of White Bear Lake
I . White Bear Township
. Ramsey-Washington Metro Cliff Aichinger 777-3665 Admin
Watershed District
.. . Ramsey Soil & Water Patrick Twiss 488-1476 (ex 12)
Conservation District Geologist
. Mounds View School District
I . Roseville School District Jan Vanderwall 635-1609 Technology Coord.
. St. Paul School District Dan Novak 227-7764 Transport Coord
. University of Minnesota Allen Mattson 625-9557
. Facilities Management
Potential Affiliate Members
I . Metropolitan Council GIS Randy Johnson 291-6638
. Metro East Development Suzanne Wood 223-5004
I Partnership
. North Suburban Cable Pat Cook 481-9554
I . Ramsey County David Claypool 266-2620 County Surveyor
. TIES Richard Carlstrom 638-2053 GlSrrechnology
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MEMORANDUM
DATE: January 31, 1997
I TO: Mayor and City Council (i.J)
FROM: Brian Fritsinger, City Administra r
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SUBJECT: 1997 Committee Appointments
I Background
At its January 21,1997 Worksession, the City Council clarified the number and type of
I committees and commissions it intends to create for 1997. The Council then asked staff to
prepare a list of community representatives whom have expressed interest in being appointed to
these committees. The list is attached.
I During the discussion regarding the restructuring of the committees, the City Council indicated it
I intended to clarify several items including staff role, Council Liaison role, number of members,
and service on multiple committees. The Council may also wish to address expected attendance
by committee members.
.. Staff Role
There are two methods which staff can work with through committees. On several occasions, the
I Council has indicated that the current role of staff is the second method. However, depending on
the committee, the role of staff is usually somewhere in between these two options.
, 1. Staff prepares agendas, completes ali work, and utilizes the committees as a
review board in preparing items for Council action; or
I 2. Staff provides background information to the committees who then create their
own agenda, work program, and completes ali work with a resulting
recommendation for the City Council. Staffs role is simply to keep the
I committee focused on the prioritized goals outlined by Council.
Council Liaison Role
I The Council should clarify how it prefers Council Liaisons to communicate and represent the
priorities of the City to the committee.
I The Council needs to clarify the involvement of the Council members in the committee
discussions. This would include everything from representing/clarifying Council positions on
. issues, input or involvement in discussions or committee work, and reporting back to the fuli
City Council any relevant issues of discussion.
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Memorandum - 1997 Committee Appointments ~
Page Two
January 30, 1997
Number of Members
For the purpose of seeking members and appointments, the City Council should clarify the
number of individuals which can be appointed to various committees. Currently, this ranges I
from seven to nine depending on the committee or commission.
Service on Multiple Committees I
The City has several citizens who have expressed an interest in serving on multiple committees.
The Council should clarify its preference in regards to this issue. I
Recommendation
Staff would recommend the City Council consider the appointment of individuals to the various I
municipal committees as detailed on the attached list. Further, staff would recommend direction
and clarification on the role of staff, Council Liaison, number of members, and service on
multiple committees. I
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I COMMITTEE LIST
(t BUSINESS RELATIONS ECONOMIC DEYELOPMEl"lT COMMITTEE
(Meets monthly, third Wednesday at 8:00 a.m. - Army Reserve Center)
, Existin~ Committee Additional Alnllications
Bev Aplikowski, Council Liaison Kasandra Bergland
Kevin Ringwald, Staff Jay Schrankler
I Dan McCallum, Chair
Raymond McGraw
Steve Freimuth
I Tom Goblirsch
Ted Brausen
Terry Nagle
I Arnold Lindberg
Jeanne Winiecki
Tom Andreasen
I FINANCE COMMITTEE
(Meets monthly, third Thursday at 7:30 p.m. - City Hall)
I Existing Committee Additional Applications
Beverly Aplikowski, Council Liaison Kevin Patty
Ie Terry Post, Staff
Chuck Mertensotto, Chair
I Dan Knutson
Terry Nygaard
Roger Aiken
I Charles (Chuck) Stoddard
Tom Steele
Charlotte McNiesh, Ad Hoc
I UUMAN RIGUTS (DISBAND)
(Mcetsluilflthl), seeene! Wee!ncscla) at 7.JO p.m. ~'\nr1) n.CJ'l (c CEl'iter)
I Exilting C6mnlittec Additional Applieati6ns
Susan Keim, Council Liaison
Slllff, Brian FI itsingtl
I Jane Latson, Chair
Barbara': ouna3zai
Sushila SLab
I Jeanne ClOne
Jelli, Duttn)
I Sue Aiken
Andrea ,\t1,erly CeI'pstcin
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NEWSLETTER COMMITTEE I
(Meets monthly, last Wednesday at 6:00 p.m. - City Hall)
Existing Committee Additional Applications ..
Beverly Aplikowski, Council Liaison Fran Holmes
Staff, Brian Fritsinger Lois Rem
Sue Schroeder, Chair Laurie Wegner I
Jeanne Winiecki
Ray McGraw
PARKS & RECREATION COMMISSION COMMITTEE ,
(Meets monthly, fourth Tuesday or Wednesday at 7:00 p.m. - Army Reserve Center) ,
Existing Committee Additional Apnlications
Susan Keirn, Council Liaison Jay Schrankler I
Staff, Cindy Walsh, Tracy Petersen
Lynette Kreidler, Chair
Megan Ricke .
Dorothy McClung
Mary Robinson
Louis Speggen I
Anita Larson
Don Messerly
PLANNING COMMISSION ..
(Meets monthly, first Wednesday at 7:30 p.m. - New Brighton City Hall)
Existin!! Committee Additional Applications .
Dale Hicks, Council Liaison Roger Aiken
Staff, Kevin Ringwald Todd Albertson I
Steve Erickson, Chair Stephen Baker
Greg Larson James D. Johnson I
Brent Nelson Clayton Larson
Marty Rye Jay Schrankler
David Sand .
Terri Duchenes
Therese Galatowitsch
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(Meets bi-monthly, third Thursday at 7:30 p.m. - Public Works Building)
Existine- Committee Additional ApDlications
I Paul Malone, Council Liaison
Staff, Dwayne Stafford
1 Arnold Delger, Chair
Leslie Goldsmith
Bill Gillies
1 Craig Wilson
Brad Ernst
John Tholen
I Mark Stack
1 YOUTH COMMISSION
(Meets (frequency, date, time, location)
I Proposed Committee - no members have been identified
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