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HomeMy WebLinkAboutCCP 03-09-1998 FILE . AGENDA ARDEN HILLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, MARCH 9, 1998, 7;30 P.M. 7:30 P.M. 1. Call to Order 7:30 P.M. 2. Approval of Meeting Agenda 7:30 P.M. 3. Approval of Minutes a. February 23,1998 Regular Council Meeting 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 b. Electrical Inspector Contract c. Purchase of Playground Structures at Freeway and Cummings Parks . 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 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 Council prior to the meeting, or as bench copies, to allow a more timely presentation. 7:40 P.M. 6. Unfinished and New Business a. Ordinance #304, County Road F, Name Change b. Res. #98-32, Accepting the Price Quote and Authorizing the Execution of Contract in the Matter of the Construction of a City Trail-Culvert c. Res. #98-31, Determining Assessed Cost ofImprovement and Ordering'~ Preparation of Proposed Assessment Roll in the Matter of 1998 Street Improvements d. Personnel, Employee Health Insurance 9:00 P.M. 7. Administrator Comments 9:15P.M. 8. Council Comments 9:30 P.M. 9. Adjourn . The above times may vary depending upon length of issue discussion. - . March Meetinl!:s April Meetings March 4 Planning Commission 7:30 P.M. April 1 Planning Commission 7:30 P.M. March 9 Council Meeting 7:30 P.M. April!3 Business Relations 4:00 P.M. , Committee March 16 Council Worksession 4:45 P.M. April 13 Council Meeting 7:30 P.M. March 18 Business Development 8:00 A.M. Committee April!5 Business Development 8:00 A.M. Committee March 19 Finance Committee 7:30 P.M. April 16 Finance Committee 7:30 P.M. March 19 Public Safety 7:30 P.M. Commission April 16 Public Safety 7:30 P.M. Commission March 24 Parks & Recreation 7:00 P.M. Commission April 20 Council Worksession 4:45 P.M. . March 25 Newsletter Committee 6:00 P.M. April 27 Economic Development 7:00 P.M. Authority March 30 Economic Development 7:00 P.M. Authority April 27 Council Meeting 7:30 P.M. March 30 Council Meeting 7:30 P.M. April 28 Parks & Recreation 7:00 P.M. Commission April 29 Newslener Comminee 6:00 P.M. . - ~ - HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Mar-06-98 02:11 PM Last Fax Identification Result Pa~es ~ Date Time Duration Diaenostic 6734359 OK 03 Sent Mar-06 02:09P 00:00:50 002582030022 0.0.4 e . HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Mar-06-98 02:00 PM Last Fax Identification Result Pa~es ~ Datc Time Duration Diai!nostic 6286833 OK 02/02 Sent Mar-06 01 :51P 00:00:49 002421030022 6339550 OK 02/02 Sent Mar-06 01 :52P 00:00:41 002522030022 6333846 OK 02/02 Scnt Mar-06 01 :53P 00:01: 12 002120430020 4810551 OK 02/02 Sent Mar-06 01:55P 00:00:49 002521030022 4821262 OK 02/02 Sent Mar-06 01:56P 00:00:47 002521030022 M. . . HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 . Mar-06-98 01 :49 PM Last Fax Identification Result Paees ~ Date Time Duration Dia~nostic 4219511 OK 04 Sent Mar-06 01 :47P 00:01: 15 002582030022 6.0.4 . . HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 . Mar-06-98 01:47 PM Last Fax Identification Result ~ Im; Dale Time Duration Dia2nostic 6461220 OK 03 Seut Mar-06 01:45P 00:01 :01 002581030022 6.0.4 . . -- ------...------ HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Mar-06-98 01:44 PM Last Fax Identification Result Pa~es ~ Date Time Duration Dia~nostic 3701378 OK 03 Sent Mar-06 01 :43P 00:00:49 002582030022 ~.O.4 . . CITY OF ARDEN HILLS . MEMORANDUM DATE; March 6, 1998 TO: Mayor and City Council :@ FROM: Brian Fritsinger, City Administrat SUBJECT: Administrator Comments for the March 9, 1998 Council Meeting 1. Approval of Minutes The Council is asked to approve the Minutes of the February 23,1998 Regular Council Meeting. 2. Consent Calendar a. Claims and Payroll The Council is asked to approve claims in the amount of $146,450.79, and payroll for the period most recently ended. The Council should note payment to MCES in the amount of$50,048.08 for March sewer charges; and BRW; Inc. in the amount of $49,337.52 for engineering fees. . b. Electrical Inspector Contract The City Council is asked to approve a contract for the remainder of 1998 with Dick Nelson, North Metro Inspections, for electrical inspections. With the retirement of Gunnar Peterson, the City will be contracting with a new firm for 1999. Mr. Nelson was previously the Arden Hills inspector employed by Gunnar Peterson. c. Playground Equipment Purchase The City Council is asked to authorize the purchase of playground equipment at Freeway and Cummings Parks in the amount of$16,000 and $35,000 respectively. ", Ms. Walsh has reviewed the various proposals with the Parks and Recreation Commission, and recommends the proposal from Miracle Recreation Equipment Company. 3. Unfinished and New Business a. County Road F. Name Change The City Council is asked to consider the adoption of Ordinance No. 304, Renaming a Portion of County Road F. The City Council has requested that additional public input be gathered, and consideration given regarding the renaming of County Road F. . ------- Administrator Comments for the March 9, 1998 Council Meeting Page Two March 6, 1998 . b. Res. #98-32. Awarding Trail Culvert The City Council is asked to adopt Resolution #98-32, Accepting the Price Quote and Authorizing the Execution of Contract in the Matter of the Construction of the City Trail-Culvert. Staff is recommending that the project be given to Lametti and Sons at $12,675. c. Res. #98-31. Determining Assessed Cost and Ordering Proposed Assessments The City Council is asked to adopt Resolution #98-31, Determining the Assessed Cost ofImprovement and Ordering Preparation of Proposed Assessment Roll in the Matter of the 1998 Street Improvements. The assessed cost is based upon the low bid, plus overhead and minus other non-assessable components of the project. d. Employee Health Insurance The City Council is asked to approve the change in employee health insurance providers from Medica to Blue Cross/Blue Shield. This would become effective April 1, 1998, and the previolls Council action of freezing rates would be eliminated. . " . MINUTES ~~~~~ CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING . FEBRUARY 23, 1998 7:30 P.M. - NEW BRIGHTON CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, and Paul Malone. Absent: Councilmembers Dale Hicks and Susan Keim. Also present were City Administrator, Brian Fritsinger; City Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; Parks and Recreation Director, Cindy Walsh; Consulting Engineer, Greg Brown; and Recording Secretary, Carla Wirth. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Malone seconded a . motion to adopt the agenda for the February 23, 1998, Regular City Council meeting as presented. The motion carried unanimously (3-0). APPROV AL OF MINUTES A. February 9, 1998, Regular Council Meeting B. February 17, 1998, Special Council Meeting C. February 17, 1998, Council Worksession MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the minutes of the February 9, 1998, Regular Council Meeting, the February 17, 1998, Special Council Meeting, and the February 17, 1998, Council Worksession as presented. The motion carried unanimously (3- 0). CONSENT CALENDAR A. Claims and Payroll B. Resolution #98-24, Supporting the Future Funding for the Redevelopment of Ramsey County's Tony Schmidt Lake Johanna Park C. Resolution #98-25, Accepting a Water Line Easement at 3210 and 3220 Hamline A venue . D. Authorization for Notice to Proceed, Sanitary Sewer Cleaning and Televising Work ~ ~~ ~y ARDEN HILLS CITY COUNCIl. - FEBRUARY 23. 1998 U 2 MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a . motion to approve the Consent Calendar as listed above and authorize execution of all necessary documents contained therein. The motion carried unanimously (3-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. Resolution #98-27, Establishing the 1998 Street Improvement Assessment Rates Mr. Dwayne Stafford, Public Works Superintendent, explained that the Council is asked to adopt Resolution #98-27, which establishes the 1998 street improvement assessment rates of $48.85 per assessable front foot for complete street reconstruction and $5.20 per assessable foot for bituminous overlay _ He noted this is slightly less than indicated in the feasibility report as a result of changes in the scope of work recommended for 1998. He noted the resolution includes these rates which are based on the revised feasibility report completed by BRW, and are being proposed at the direction of the City Council as suggested in the Assessment Policy. At the request of Councilmember Aplikowski, Mr. Stafford reviewed the streets that will be . included in the 1998 Street Improvement Project. Mayor Probst asked if the proposed rates are based on the remaining streets which reflect the City's policy to assess 50% of the cost. Mr. Stafford stated this is correct. Mike Dwelly, 2048 Stowe Avenue, stated last year the rates were at $37 per foot and inquired why it is so much higher this year. Mayor Probst explained the rates are being driven by the anticipated costs for this work. Mr. DweUy stated he lives on Stowe Avenue which has been there for 40+ years and the asphalt has never been improved over the last 30 years. He noted that two years ago, Ramsey County would have upgraded it at no cost to the residents but the City decided to swap this road with the County. Now the City wants to upgrade it and assess the residents for part of the cost. He objected to adding inflationary factors into the rate since it could have been done two years ago at a cheaper rate. Mayor Probst stated he is unable to "turn back the clock" to two years ago but, since one-half is in the City of New Brighton it could not have been done then. Mr. Dwelly stated Ramsey County was willing to do maintenance on the street two years ago at no cost to the homeowner but then the City decided to swap the roads. He stated to be fair to the residents, it should be . done at a cheaper rate than proposed. [W ~ ,Iii ~V ARDEN HILLS CITY COUNCil. - FEBRUARY 23 1998 Iiu U 3 e Mayor Probst explained the City does have the ability to set the assessment rate. He clarified the proposal the County was talking about did not include any drainage improvements or modifications to the street elevation. The City felt, in the long term interest of the City, it would be better to do a reconstruction. Mr. Dwelly stated the road has been there for thirty years with no work done on it but he has seen other roads improved more frequently. He restated he believes this street should receive a special rate since improvement to Stowe Avenue has always been pushed aside. Mayor Probst explained the City had no jurisdiction to maintain this street until three years ago since it was a County road and under theirjurisdiction. He stated it would be within the Council's jurisdiction to approve a different assessment rate. Mr. Dwelly stated he sees no justification for charging Stowe A venue residents this rate. Councilmember Aplikowski stated it would be nice to not assess anything but that is not possible. She explained that the City is already proposing to share 50% of the cost and noted that the construction costs have increased each year. Councilmember Aplikowski stated she wishes the City could set a standard rate but they need to go with the current rates and have agreed to pay 50 % of those costs. . Mr. Dwelly stated he understands a larger assessment can be spread over ten years at seven percent. He stated he believes this percentage is too high and requested consideration of a lower percentage rate. Mayor Probst noted an assessment hearing will be held at which time residents will have the opportunity to again discuss the project. Councilmember Malone stated he agrees this is a big increase in cost this year and asked why these rates are so high. Mr. Greg Brown, Consulting Engineer, stated he is comfortable that the construction costs will be within this range and the City's policy is accurate. Councilmember Malone explained how the rates are calculated. Mr. Dwelly asked if the rate will be reduced if the costs come in lower. Mayor Probst advised that at the assessment hearing, the Council has the ability to lower the rate but cannot raise the rate. Councilmember Aplikowski noted this occurred (lowering the rate) at an assessment hearing last year. She stated she was also surprised at the size of the cost increase and would like to see a lower rate. Councilmember Aplikowski noted the Council will have a better "handle" on costs once the bids are received. Mr. Dwelly suggested the rate not be set until the bids are received. . Mayor Probst explained the timing of the notice to residents and scheduling the assessment hearing. He advised that a rate needs to be included on the notice to residents. Mayor Probst ~ ~~ ~1 ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 4 noted the cost for reconstruct roads has increased more than the overlay rate. He explained . that it is believed the rate under discussion tonight will be close to the target of the actual cost. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-27, Establishing the 1998 Street Improvement Assessment Rates. The motion carried unanimously (3-0). B. Resolution #98-28, Ordering an Assessment Hearing in the Matter of the 1998 Street Improvements It was noted that the Council is asked to adopt Resolution #98-28 which orders an assessment hearing for the 1998 Street Improvement Project and schedules the public hearing for March 30, 1998. In response to Councilmember Aplikowski, Mr. Brian Fritsinger, City Administrator, advised that this will allow adequate timing for notification and publication. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-28, Ordering an Assessment Hearing in the Malter of the 1998 Street Improvements. Council member Aplikowski asked if the Council can address the interest rate. Mr. Fritsinger suggested the City Accountant be asked to provide additional information on that issue. . Councilmember Malone explained the interest is set to reflect the City's return on its investments. The motion carried unanimously (3-0). C. Planning Cases 1. Case #98-04, Tony Schmidt Park, SUP, 3500 Lake Johanna Boulevard (Concept Approval) Mr. Ringwald explained the applicant is requesting concept approval of a Special Use Permit (SUP) for planned upgrades to Tony Schmidt Park. He explained the Planning Commission discussed this application at their meeting earlier this month and recommends the City look at the option of signing Lake Johanna Boulevard as "No Parking" to minimize the potential conflict of overflow boat parking into the residential area. He explained another area of concern had to do with the trail along the north side of Lake Johanna Boulevard and conflicting relationship between cars, joggers, and bikers. The Planning Commission believes this should be a paved trail down to the point of the NSP connection. The Planning Commission feels this will remove the conflict of pedestrian and vehicular traffic. Mr. Ringwald stated the Planning Commission recommends approval subject to the following conditions: I. Submittal for site plan approval prior to the commencement of construction of any part of . phase of this project. j!;\ ,........ 1:1 ~r U!) 'OJ ill In Iiu ARDEN HILLS CITY COUNCIL - FEBRUARY 23.1998 5 . 2. Compliance with the zoning determination of Exhibit D, pages I and 2 of2 of the Staff memorandum dated February 4, 1998. 3. Compliance with the City's Shore land Ordinance. 4. Encouragement to the City Council to address, with Ramsey County, to the extent necessary, signage on both sides of Lake Johanna Boulevard and east of the parking areas to address overflow boat and car parking on both sides of Lake Johanna Boulevard. 5. Pavement of the trail which is offset from the north side of Lake Johanna Boulevard from Siems Court all the way to the west to terminate on County Road E at the main trail (NSP Easement). Greg Mack, Director of Ramsey County Parks & Recreation, stated they will work to the best of their ability to address the Planning Commission's concerns with the trail and explore parking alternatives. He stated they have considered one option to construct turf-type parking just north of the entry road, in the area of fill. Mr. Mack stated they understand the neighbor's concerns about this issue and they will work to establish an area for overflow boat parking. Mr. Mack stated they have had a good relationship with the Task Force and appreciate their work. Councilmember Malone stated it would be nice to keep in mind a potential of an under pass for Lake Johanna Boulevard, should flmding become available. Mr. Mack stated before having the grade separation, they will provide islands to provide a safe haven for pedestrians crossing Lake Johanna Boulevard. They believe this will be a "traffic . calming" option. Councilmember Malone suggested a memorandum to remind of this need in the future. He noted that this is also the main route for fire department response so the lanes will need to be of full typical width. Mayor Probst asked if the islands will be similar to the Island Lake Park area. Mr. Mack explained the first island to be constructed will be at the pedestrian crossing. Mayor Probst stated this project is long overdue and he is delighted about the level of cooperation the City has experienced. Mrs. Jerry Laumeyer, 3540 New Brighton Road, explained they live by the park area on Hudson A venue. She reviewed their efforts to maintain their property and stated her concern about constructing paved trails through this natural park area. She distributed a letter submitted by her husband who was unable to attend the meeting tonight and requested that the letter he sent to the City Council be read into the record as follows: "As a resident of Arden Hills, living at 3540 New Brighton Road, I'd like to voice my opposition to the so called 'improvements' to the natural woods and wetlands north and west of the Tony Schmidt Park. The proposed changes were discussed at the Arden Hills City Planning Commission meeting held in early February. . During the late 1940's and through the 1950's, as I and my peers came of age, most of us from New Brighton worked on Joe Hipp's truck farm tending and harvesting squash, - -~ ff\ ~ ~ r' ~ >~ IS iUi , ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 '-' I!U ~ 6 rhubarb and strawberries. That farm and woodland is now the mowed grass and paved . trails and gazebo covered picnic tables of New Brighton Regional Park. A large percent of the time it is unused, except for the occasional biker, jogger or rollerblader. The woods and farm fields that benefited and prepared most kids in town for the responsible working life are gone forever! We must ask ourselves, 'how much man made park do we need?' We in Arden Hills now have a unique opportunity to protect one of the last remaining natural woodland and wetland areas in the region. Do we need to excavate and 'modernize' every piece of natural ground left? To appreciate nature and wilderness, we must pave trails and transform woods into lawns? Why instead don't we leave the vast majority of the park natural to provide cover for the deer, fox, rabbits and birds, and let the walking paths evolve as people move naturally through the terrain~ After all, excavated trails and paved walkways are found elsewhere - how many naturaIly occurring woods and wetlands are left? The so called 'improved' park areas not only negatively impact wildlife, they are also costly to build and maintain. Additional maintenance workers and equipment will be required to police paved walkways, including the proposed twelve foot wide paved main trail from the beach at Lake Johanna to New Brighton Regional Park. Is there a real need or desire on the part of the taxpayers to pay for this? I support the changes proposed for the Tony Schmidt Park Beach and boat launch areas . for practical and safety reasons. However, 1 urge you not to let the last and largest open tract of land in Ramsey County to become 'just another man made park.' If you have any questions or comments, please do not hesitate to call. Sincerely, Jerry Laumeyer, 3540 New Brighton Road" Councilmember Malone stated the letter addresses several issues but the main concern seems to be paved trails. Ms. Laumeyer stated this is correct. She reported they have seen wildlife and would like some of the trail areas left natural to encourage wildlife habitat. Bill Sanders, Sanders, Wacker, Bergly, Inc., presented a drawing identifYing the trail alignments for paved and unpaved trails. He noted the trails being addressed by Mrs. Laumeyer are proposed in the Master Plan to remain unpaved. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Planning Case #98-04, concept approval of Tony Schmidt Park, SUP, 3500 Lake Johanna Boulevard, subject to the conditions indicated above. The motion carried unanimously (3-0). Mayor Probst noted the Council approved a motion earlier tonight to encourage Ramsey County to move this project along as soon as possible. He requested that the City be notified of meetings that the Council should attend to promote the project. Mr. Mack requested this . information so he can provide copies to the County Board Members and Capital Improvement Advisory Board. (DJ~~?Y ARDEN HILLS CITY COUNCil. - FEBRUARY 23 1998 7 . Mr. Mack reviewed the improvements which will be included in the first and subsequent phases. He stated they are on track with what the Planning Commission recommended and this is a priority project for the County. 2. Case #98-02, Sawhorse, Inc., Variance, 3465 Siems Court Mr. Ringwald used an overhead map to identify the site under consideration. He explained the applicant is requesting approval of a side yard setback variance for a garage addition (seven feet is proposed when ten feet is required) and for a house addition (seven feet is proposed when ten feet is required) on a single family lot zoned R-l. He noted the Planning Commission, on June 3, 1992, did recommend approval of Planning Case #92-10 for a side yard setback variance on a garage addition on the subject property and the Council, on June 8, 1992, approved the variance request. However, the homeowner did not construct the garage and sold the property. The new property owner is now requesting reapproval of the garage variance in addition to a living space expansion variance. Mr. Ringwald displayed the proposed tirst floor house plan which creates a second garage stall and living area behind the two-car garage. He noted the proposed second stall garage is just large enough to accommodate a car and not over-sized, which is similar to the variance previously approved. Mr. Ringwald explained the City has not traditionally allowcd living space to infringe into side yards, especially if there are alternate locations that could be used. He pointed out an alternate area on this site which could be used to expand the living space. Mr. Ringwald reported . that the Planning Commission felt the living space variance should not be approved since a hardship is not shown and there is an alternate area which could be used. Mr. Ringwald reviewed the discussion held at the Planning Commission regarding the concern for erosion between the garage and the side lot line. He noted the design of the roof which is now designed towards the common property line in an effort to reduce erosion. Mr. Ringwald stated this is also acceptable with the adjoining property owncr. He then displayed and reviewed the rear elevation of the house and garage. Mr. Ringwald displayed the revised front elevation of the house with the garage addition but without the living space addition. He then displayed the revised rear elevation and noted the reduced impact. Mr. Ringwald advised that the Planning Commission is recommending approval of the garage addition variance and requiring erosion control and turf establishment. However, they recommend denial of the living space variance. He recommended, if the Council considers approval, that the new revised elevations be considered rather than the elevations presented at the Planning Commission meeting and referenced in their motion. Mayor Probst noted this living space addition could be constructed if it was offset by three feet from the side property line. Mr. Ringwald stated this is correct and was discussed at the Planning Commission meeting but the applicant was concerned about the loss of space caused by the three foot offset. . Councilmember Aplikowski stated she viewed the property earlier today and believes a hardship may be present due to the small size of the lot. She stated whether or not the house addition is included it would not impact the neighboring house. Council member Aplikowski stated she - @ ~ ~ ~1I ARDEN HILLS CITY COUNCIL - FEBRUARY 23.1998 iDj I. 8 in Inl I' J1 understands the desire not to construct the addition ofT the back due to the windows and the . creation of a "tunnel" effect. She stated that by granting the living space addition it will not really impact the neighbors any more than the garage would. Councilmember Malone stated this was also his impression but he realizes the City's objective is to minimize and, if at all possible, avoid all variances. He pointed out there is no other location to place the garage so that variance request can be legitimized. However, with the house expansion, the request cannot be legitimized since it can be located elsewhere on the property. Councilmember Malone stated he believes the Planning Commission's recommendation is rationale and accurate. Fred Bruning, Sawhorse Inc., Designer, explained the applicant was unable to attend the meeting tonight so he is attending on their behalf. He referred to his February 19, 1998 letter which indicates it is their opinion the alternative locations suggested by the City, as well as other solutions explored during the design process, would create situations which should be addressed as follows: 1. The alternative plan creates a narrow tunneling effect that would not be desirable to either neighbor on the north or the clients. 2. It would adversely effect the homeowners and the neighbor's lake view. 3. It creates an informal space in a formal part of the house. 4. It positions living space ten feet or closer to their neighbor on the south (as opposed to more than 35 feet if located to the north), also because of neighbor's setbacks allows . for a ten foot or less separation between structures as opposed to 13' 5". 5. It sacrifices a large part of a much valued deck, therefore taking away outside space. 6. Not to affect 2nd floor views - it would need to be a flat roof design which would adversely affect the character of the home as well as the neighborhood. 7. Lastly, this option would cost approximately three times as much. Mr. Bruning presented the living space proposal to the Council and explained the benefits of this location. Councilmember Aplikowski noted this is a very small lot with a very small house. She stated she supports this request as long as neither neighbor objects. Mr. Bruning stated that the neighbors do not object. Mr. Bruning explained they want to maintain the lake view and the applicant does not feel there is an acceptable alternate. Mr. Bruning then presented the building elevation with both the garage and living space additions and explained how the drainage will be addressed. He noted the elevations shown with the building and garage additions are more aesthetically pleasing as well. Councilmember Malone stated while he appreciates the arguments regarding aesthetics, the Council is charged with executing the Ordinances and, in order to consider a variance, a . hardship needs to be present. He commented on the difficulty in establishing a precedent due to future requests. Councilmember Malone stated he supports the argument about the hardship ~ ~~~~ ARDEN HILLS CITY COUNCIL - FEBRUARY 23 1998 9 . for the garage since there is no alternate location. However, this is not the case with the living space since there is an alternate location. Mr. Bruning stated the garage could be located on the other side of the house, but it would not be an atypical design. He suggested that the option being requested creates a more desirable option for the applicant and the neighbors. Councilmember Malone restated the need to find a hardship before a variance can be considered. Mr. Bruning asserted a hardship exists since this is a narrow lot. Also, this house existed before the neighboring homes which were constructed in such a way as to infringe on the applicant's property. Mayor Probst stated he understands that Councilmember Malone is correct in the need to identify a hardship to consider a variance. Mayor Probst stated there clearly is precedent set regarding a two-stall garage. However, in terms of the addition to the house, technically there is no hardship since it could be located in another area. However, in terms of the logic of how the house will be used and square footage, the applicant's request is the most logical proposal. He noted that an addition on the other corner does not result in a better proposal. Mayor Probst agreed this is not an easy decision. He stated he would support the house addition . hardship based on the existing layout, encroachment of abutting garage, and limited lot size. Councilmember Malone stated the Council is not in the design business and the hard facts do not support a hardship for any more than a garage variance. He stated he could not support a variance for the living quarters. Mr. Ringwald noted that, based on this precedent, the adjoining property to the north could add living space behind their garage and, based on this rationale, staff would recommend approval. Councilmember Malone requested that any motion made clearly identify the hardship. Mayor Probst inquired regarding applicable portions of certain exhibits. Mr. Ringwald explained the Planning Commission identified exhibits in their motion to "lock in" the building elevations. He noted the new building elevations which the applicant's consultant submitted would be more appropriate to reference if only the garage variance is considered for approval. MOTION: Mayor Probst moved and Councilmember Aplikowski seconded a motion to approve Planning Case #98-02, Side Yard Setback Variance for the garage and house addition at 3465 Siems Court, Sawhorse, Inc. (Joel & Jane Kennedy), as identified in Exhibit A, page 7 of 9 and page 9 of 9, based on Staff recommendations for three conditions and, in addition, requiring erosion control . and turf establishment based on the finding of a hardship as it relates to the garage to provide the ability to have a two-car garage on a substandard sized lot with a topography that does not allow it to be accomplished to the rear lot, and approval of the house addition variance based upon the fact of the undersized lot, lot width, ----- --------- w :0; ,1\ i~ ~ ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 UlJ iiu 10 and home location in a situation where the adjacent home to south encroaches . onto the lot so allowing the addition in this location creates a better "bad" condition than an addition to the south side would and it affords the correction of drainage problems between the two houses and based on the rationale that this is the most logical way to add onto the house from the standpoint of the continued use of the house as it is. The variance will expire if the structure is eliminated. Mayor Probst noted it is more typical around the lake to see tear down projects to deal with this problem. He stated he thinks going after this in another way would require that kind of maneuver. Councilmember Malonc asked how the Council will deal with the next request for a side yard setback if this precedent is established. Mayor Probst commented that he believes the "basic driver" is that this is the most logical place to add onto the garage. He stated if that were not the case, he wouldn't advocate extending onto the house along that same line. Councilmember Malone asked if this setback is with this house forever. Mr. Ringwald explained if the structure goes away, the variance could be removed. Mayor Probst and Councilmember Aplikowski agreed to this friendly amendment to add this restriction. . Councilmember Aplikowski stated by allowing this building to continue beyond the garage will also assist the drainage issues. She stated these issues need to be dealt with on a case-by-case basis and, in this case, this proposal makes the most sense. The motion carried 2-1 (Malone). D. Resolution #98-29, Supporting an Application to the Department of Natural Resources Cooperative Trail Grant Program Ms. Cindy Walsh, Parks and Recreation Director, explained the Council is asked to adopt Resolution #98-29 which indicates their support to make application to the Department of Natural Resources (DNR) Trail Grant Program. She reported the City had previously applied for funds from the DNR, but had not received funding in 1997. This trail is a high priority for the Parks and Recreation Commission and ranked high on the DNR list. Ms. Walsh explained she has been encouraged by the DNR to apply for the Cooperative Trails Grant again in 1998. The grant's primary purpose is to complete trail connections between where people live and significant public recreation facilities. A secondary purpose is to link existing trail segments. Ms. Walsh stated she is not sure there are any other segments that would apply to this grant other than County Road F. Councilmember Malone asked if there are any "strings" attached to this grant, such as plowing . the trails. He noted a property owner does not want any part of the trail. Ms. Walsh reported -------- ~ i~~ I!I ,- ,? ~ u IJU U ARDEN HILLS CITY COUNCIL - FEBRUARY 23.1998 II . she met with representatives of Cardiac Pacemakers, Inc., and, in this segment, she proposes the trail go in back of the curb, as done in Shoreview, to minimize the impact. Councilmember Malone noted there are no logical destination points. Ms. Walsh stated the connection to the east would provide access to adjoining communities, Sucker Creek, and the St. Paul Water Utility property. MOTION: Counci1member Aplikowski moved and Councilmember Malone seconded a motion to adopt Resolution #98-29, Supporting an Application to the Department of Natural Resources Cooperative Trail Grant Program. The motion carried unanimously (3-0). E. Resolution #98-30, Authorizing Changes to the Employee Benefit Program Mr. Fritsinger explained the Council is asked to adopt Resolution #98-30 which would authorize changes to the Employee Benefit Program to make changes to the short-term disability, long-term disability, and life insurance benefits currently provided. He reported on staff's research and their determination that the package provided by Fortus Benefits provides competitive rates for the coverage offered and the best benefit package. Mayor Probst stated he believes this change is long overdue and he supports the change. . Councilmember Aplikowski stated as a small business person, this makes her nervous, but in a City business, this has become a necessary thing to maintain quality staff and continuity. Therefore, she supports it for the City staff. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-30, Authorizing Changes to the Employee Benefit Program. The motion carried unanimously (3-0). E. Resolution #98-26, Approving an Application to Conduct One-Day Off-Site Gambling Mr. Terrance Post, City Accountant, stated this is not a typical request in being a one-day off- site gambling application. He explained that each licensed organization is allowed one such request per year by the State. Mr. Post explained this organization has historically met in another Shoreview location but, due to scheduling conflicts, they are looking at holding this fundraising event in Arden Hills. He stated since the City does not permit this organization from a premises standpoint, the City does not have the leverage to require they abide by the ordinance trade area spending requirement. However, this is an infrequent type of request so staff recommends approval of Resolution #98-26 which would approve an application to conduct one-day off-site gambling for the Circle Pines/Lexington Lions Club on April 25, 1998 at the Arden Hills Holiday Inn. . -------------------..--- ---- - [ill "- " ~~ !fu 11\ Iiu ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 12 Councilmember Malone noted this organization is otherwise licensed and there are not a lot of . these requests so he supports approval. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-26. Approving an Application to Conduct One- Day Off-Site Gambling. The motion carried unanimously (3-0). Jan Kreminski, President of the Circle Pines/Lexington Lions Club, thanked the Council for this consideration. ADMINISTRATOR COMMENTS Mr. Fritsinger stated he had nothing new to report. COUNCIL COMMENTS Councilmember Malone reviewed the bills before the Legislature for an elected Metropolitan Council. He stated he tends to favor this type of bill and inquired regarding the position of the rest of the Council. Councilmember Aplikowski stated she has been part of this process since it was first created and, while it was a great idea when it first started. accountability is an important, missing, aspect. She stated she agrees with Councilmember Malone. . Mayor Probst stated that, while he used to support the Governor appointment process, he now concurs with the need for an elected body. Councilmember Aplikowski reported the League of Cities is looking for help from cities to speak to candidates and encourage their participation at the annual meeting. She reported that Mr. Fritsinger's name has been offered as a contact person to provide input on collaborative efforts. Councilmember Aplikowski reported she received 15 to 20 responses about suggestions on name changes for County Road F. Mayor Probst noted staff will pursue with Shoreview the process they used for changing the name of a roadway. Councilmember Aplikowski stated residents just want to know when it will happen and if they will have an opportunity to speak. Mayor Probst noted staff's attempt at transcribing his comments at the Town Hall meeting. . ~ ~~~1 ARDEN HILLS CITY COUNCIL - FEBRUARY 23. 1998 13 . ADJOURN MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:05 p.m. The motion carried unanimously (3- 0). Dennis Probst Brian Fritsinger Mayor City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held March 9, 1998, at 7:30 p.m. at the New Brighton Council Chambers. . . , CITY OF ARDEN HILLS PAGE 1 OF2 ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 03/09/98 COUNCIL MEETING . CLAIMS PAID SINCE LAST COUNCIL MEETING (02123/98) ialt:." d!i'lt:.DATBlVENDOR I AM:o{)J'iT 1::,c6:M:M~NTS I r-- ~ I 13602 02/24/98 DCA, Inc. FSA Department 750.00 Day Care Reimbursement Walsh. PIR #4 13603 02/24/98 . Medica 1,603.50 March Insurance 13604 02/24/98 University of Minnesota 110.00 Classes Winkel , lIShade Tree Course" and "Identifvinl! Pests" 13605 02/25/98 E-Z RecvclinlZ, Inc. 4,714.00 FebruarY Service .~ 13606 03/02/98 MacQueen Equipment. Inc. 80.00 Sweener Clinic - Reed and Perron 13607 03/02/98 Metropolitan Council EnvironmentiilServices' 50,048.08 Sewer Charge March 13608 03/02/98 Inln'l Conference of Buildino Officials (ICBO 85.00 Membershio Scherbel 13609 03/06/98 ~ Public ~mployees Retirement Association ~,951.42 First March Payroll 1 13610 03/06/98 leMA Retirement Trust 457 1.681.72 First March Payroll I' , 13611 03/06/98 State CaniiolCredit Union I 3.214.36 First March Payroll --1: I, Ii ,I II Subtotal - Paid Claims 65,238.0811 II pai: Claims From Above - $65,238.081 . !' Add Unpaid Claims, Page 2 of 2 - 81,212.71 Total Accounts Payable Claims for Council Approval, 03/09/98 - $146,450.79 i II Note: Checks for unpaid claims totaling $45,164.54 were mailed on February 24th. 1998 after approval at thc February 23rd Council Meeting. They were check numbers 13540 - 13601. This sequence corresponds to unpaid temporary Durnbers T1 - T62. Check numbers 13537 - 13539 were used for alignment. . CLAIM~l. I_U . CITY OF ARDEN HIllS PAGE 2 OP2 . ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 03/09198 COUNCIL MEETING . UNPAID CLAIMS REGISTER: ",--,,- ',,-----0""'1 ITgM~/tlmtl)ATjjJ:vENl)OR " iAMoulttJtbMMEllt$ - TOl 03/10/98 Accurate Press, 'Inc. , 463.28 Februarv Newsletter T02 03/10/98 American Medical Securitv -~-_..- i 545.03 AnTi! Insurance , T03 03/10/98 American PlanninG Association I 310.00 APA and MN Membershins - Rinewald 1'04 03/10/98 Anderberu- Lund Printmo Comnanv 2,373.89 SDrin~ Recreation Guide T05 I 03/10/98 Animal Control Services, Inc. -- 389.78 Doo / Cat Enforcement, 02/03-02127 T06 i 03/10/98 Automatic Garaoe Door -- 238.55 Renair Door - Public Works Buildin. T07 i 03/10/98 William Bernard 16.00 Refund - Creative Dance T08 ! 03/10/98 Jennifer Boltman 638.00 Dance Instructor, Januarv throuoh Februarv T09 I 03/10/98 LuAnn Brunn 200.00 Citv Hall Janitorial Scrvices, 03/15 04/15 TlO T 03/10/98 BRW, Inc. -- 49,337.52 Enoineerino Fees, 01/10-'::' 02/13 Tll ' 03/10/98 Lynn Burwell 748.00 Dance Instructor, Januarv throu2h -February- Tl2 03/10/98 -- Carlson Eauioment -- -~--4.47 - 'ramner Snark Plu.s Tl3 03/10/98 Centurv Colle.e 196.00 Classes - Stowell and Tostenson Tl4 03/10/98 Certified Laboratories --- 173.70 Various Shon Sunnlies Tl5 03/10/98 Comnuter Citv 283.29 Sume Protectors Fourteen Tl6 03/10/98 Camorate Express 338.61 Various Office Sunnlies - Tl7 03/10198 Davies Water &'uwment Comoanv 161.30 Hvdrant Parts -- T18 03/10198 Ed Dickinson 26.00 Refund - Cartoon C~~!S Tl9 03/10/98 Down on the Farm --", 105.00 Deposit for "Dav in the Park" 1'20 03/10/98 GUn Dve 26.00 Refund - Cartoon Caners 1'21 03/10/98 Electro Watchman, Inc. 616.64 Quarterlv Char.e - Alarm Svstem 1'22 03/10/98 Fire Instructors Association ofMN 108.54 Various Code Publications Scherbel T23 03110/98 W. W. GrainQer, Inc. 53.76 Brush for Bench Grinde-rand Switch. #13 Lift 1'24 03/10/98 Howard R. Green Company 7,531.47 Invoices for October throu2h Februarv 1'25 03/10/98 ff;,dro SUDnIy Comnanv 254.43 Meters - Commercial Retrofit Proiect 1'26 03/10/98 Imnact Mailina, Inc. 584.00 Mailini! for Quad Ice Arena . 1'27 03/10/98 International Citv / Coui,tvMOmt. Assoc. 246.40 . 1998 Members!tiE..___ Frits~~_. -- 1'28 03/10/98 Kate Huebsch 1.924.50 Sorinl! Recreation Guide 1'29 03/10/98 Kath Auto Parts & Machine Shon 136.10 Vehicle Renair Parts - Public Works T30 03/10/98 Lillie Suburban Newso.oers, Inc. 620.05 Various Lc~al Notices, Public Hearinl!s T31 03/10/98 Sonia Lyons _~_~ 26~Q_._Rcfund -=-~~_!!!"~<?.9~l!....~~E~E~__~_____..__.,~_,____ T32 03~1 Mac Queen Eqllipment, Inc. --"----. 428.631 Vebicle #201 - Renair Parts T33 .03/10/98 . Mc Callum Transfer 114.30 Courier Service T34 03/10/98 I Metropolitan Inspection Service, Inc. 1,295.00 Electrical Insnections - Februarv 'I T35 03/10/98 Minnesota Denartment of Revenue __ 50~1)Cl. Hazardous Waste Tax for 1997 'i T36 03/10/98 Minnesota Mutual ---.---.. 518.50 "March Insurance .~--~~-----~ 1: T37 03/10/98 Minnesota Pine and ECluinment 546.76 -'1! Hvdrant Markers " T38 03/10/98 MN Street Suoerintendcnts Association 25.00 Membership for 1998 - Stafford T39 03/10/98 North Metro Insnection. Inc. I 205.68 Electricallnsnections - Februarv T40 , 03/10/98 Northern J 57.48 Various Small Tools ! 03/10/98 - T41 Northern States Power 5.671.09 Current Invoices C----,T42 03/10/98 Noll Companv 17.84 Vehicle #20 - Repair Parts T43 03/lOJ98 Tra~Petersen 128.33 Reimbursement - Milea~e T44 03/10/98 Pettv Cash i 215.26 Renlenishment of Pellv Cash Fund T45 i 03/10/98 - Ramse';-County Diescl Fuel and Unleaded Gas - Januarv i 1,329.69 , T46 I 03/10/98 Rent All Minnesota, Inc. , 25.19 Enoine Hoist Rental Meter Retrofit Proiect 1 T47 i 03/10/98 Rvder Student Transnortation Service 170.00 Vacation Day Trip - 02/16 T48 i 03/10/98 Sanders, Wacker, Berclv, Inc. 22.50 Hi.hwav 96 Task Force - Januarv T49 I 03/10/98 Dwavne Stafford 27.72 Reimbursement - Milealle T50 I 03/10/98 Tirnesaver Off Site Secretarial 153.00 Council Meetin. - 02123 T51 i 03/10/98 Julie Tostenson 6.93 Reimbursement - M;il_~~___.__ ____~".____ T52 1 03/10/98 US West Communications 1,133.22 Current Invoices T53 03/10/98 Cynthia Walsh 48.29 Reimbursement - MileaQe -- T54 03/10/98 WearGuard '^--.. 144.45 Uniform Purchase - Winkel . T55 03/10/98 West Weld 201.54 Miscellaneous Shop Supplies - Pks. and P.W. ~I Unpaid Claims --- 81.212.711 CLALMSJ. U_12P '" 8 8 ~ ~ ' 11888'1 ~ 8 8 8 ~ 8 8 "'I - ~: 0 C 06 r..: Ii d d 0 0\ 0\ d d r...: d 0;:;; h Ll) - 0\ '0 ~ Or) "" - ~ C'\ -:t lr, 00 o =II: z "'i"' '" .~I ~ ,.~.i, i Ii ~ ~ tQ ~ :~ ~ 8 ~ ;; I ~ ..~ ~ so: :7, ~ 8)i :;;! ~ F2 ~ 'iJ~' ~ 0 ~ ~ ~ u'.::'. ..,.: <<I <<I r--: ...~~ ..j. d r...: .Ji N ..~!J ..,f r...: co'j 06 <"'i:\!!I N r...: oi oN .:. 0.. N I:""- oQ t- ~~I~g:~ ~itl;~ :;;~ ;:jOO....N....l1'j ~~i2~..: ~.~~~~ CX) ':e..-;,....;-,...; I ........... t'"i, ~ ;!~g~tI ~~.... f1!. <:, ' ....... , (0 : I I o .",. I - . ~ ~ C-':' I (Y) Z I I i __ "';; o e I ~0 I . 1;; '" 0 '" d C o r,;;,y! 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MEMORANDUM DATE: March 9, 1998 TO: Mayor and Citv Council " . FROM: Kevin Ringwald, Community Development Director ~ SUBJECT: Agreement for Electrical Inspection Services - 1998 Request The City Council is requested to authorize the Mayor and City Administrator to execute the electrical inspections service agreement (1998) with North Metro Inspections, Inc. (Exhibit A). Background Attached to this memorandum the City Council will find the electrical inspections service agreement with North Metro Inspections, Inc., for the calendar year of 1998, which has been executed by North Metro Inspections, Inc. The City of Arden Hills previously has been using Metropolitan Inspections to conduct its . electrical inspections. The owner of Metropolitan Inspections, Gunnar Pettersen, has retired and disbanded the company, effective December 31, 1997. Richard Nelson has been conducting the electrical inspections for Metropolitan Inspections for the past ten years. Mr. Nelson has formed North Metro Inspections, Inc., to continue to provide electrical inspection services. The City of Arden Hills (as well as Shoreview, Roseville, Little Canada, North Saint Paul, and North Oaks) are proposing to continue to use Mr. Nelson's services for their electrical inspection needs for 1998. North Metro Inspections, Inc., will be using the same offices and office personnel, except for Gunnar Pettersen, that was used by Metropolitan Inspections. The proposed electrical inspection service agreement provides for some additional requirements that Metropolitan Inspections did not provide. Those additional requirements are: I. Notice to the City of the completion of electrical inspections. The building inspector cannot conduct framing inspections unless the electrical inspections are complete and accepted (Section 3.0, A, 2). 2. Provision of an annual report, including projections on succeeding years revenues and expenditures (Section 3.0, A, 3). 3. Notice of expansion of client base (Section 3.0, A, 5). 4. Increase in insurance requirements (Section 3.0, D, 2). The insurance held by North Metro Inspections, Inc., is attached as Exhibit B. . , Budget Impact The City's compensation to North Metro Inspections, Inc., is based upon 80 percent of the value . of the electrical permit, which is consistent with the method of payment that was used with Metropolitan Inspections. Therefore, the proposed agreement would provide for no increase in cost for electrical inspection services for the City in 1998. Recommendation Authorize the Mayor and the City Administrator to execute the attached electrical inspection service agreement with North Metro Inspections, Inc., for the calendar year of 1998. . . &1ft61r A- Il, . CITY OF ARDEl'i HILLS ELECTRICAL INSPECTOR AGREEMEl'iT 1.0 Parties. This Agreement is dated the _ day of , 1998, and is entered into by and between the City of Arden Hills, a Minnesota municlpal corporation ("City") and North Metro Inspections Inc., a Minnesota corporation ("l'iorth Metro"). 2.0 Recitals. The City desires to hire North Metro for electrical inspection services. North Metro, as an independent contractor, will control the means and manner of perfomling its services; will be paid on a per inspection basis; will furnish its own tools, equipment, office space, and support staff. 3.0 Terms and Conditions. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the parties agree: A. Scope of Services. North Metro shall perform electrical inspection services to include the following: I. Review of electrical plans, review building plans as necessary, and issue electrical permits. 2. Provide all required on-site inspection services in a timely and professional . manner and within 24 hours of the date of receipt of a request for inspection. North Metro shall also provide, on a daily basis or at some other interval as determined appropriate by the City's Building Official, a notice indicating when electrical inspections have been completed. 3. Retain all pertinent records and copies of permits and correspondence related to each permit and make such records available to the City upon request. North Metro shall also provide a detailed annual report on forms approved by the City's Administrator which will include an estimate of revenues and expenditures for the succeeding year. 4. Coordinate electrical inspection work through the City's Building Official when other inspection work is also being done on a particular site. . 1 ------- ---.-- '2/7 5. Provide the City with a notice if North Metro expands its client base beyond the cities of Roseville, Shoreview, Little Canada, North St. Paul, and North . Oaks. B. Term. This Agreement shall be effective upon execution by the parties and shall continue until December 31, 1998, or until terminated by either party upon a thirty (30) day written notice, whichever occurs first. C Compensation. The fees for electrical inspection services shall be based upon 80% of the permit fees as shown on Exhibit A attached and incorporated. The City shall remit payments within thirty (30) days following receipt ofa monthly invoice from North Metro. Invoices for inspections which were completed eighteen (I8) months prior to submission of the invoice shall be void and the City shall not be required to remit payment for such invoices. D. Insurance. North Metro shall secure and maintain the following minimum insLLrance coverages: l. Worker's Compensation as required by Minnesota law. 2. General liability insurance in the amount of $300,000 per claimant and $1,000,000 per occurrence. . 3. Professional liability insurance covering North Metro for liability incurred in performing its professional services. Coverage shall be in the amount of 5200,000 per negligent act, error, or omission and $400,000 aggregate each insured. 4. The general liability insurance and professional liability insurance shall include a statement that such policies will not be canceled until after thirty (30) days' written notice to the City of the insurance company's intention to cancel the insurance coverage. 5. North Metro shall provide the City with Certificates ofInsurance evidencing that the required insurance is in effect and will continue in effect during the term of this Agreement. 2 . 5/'1 . E. Licensing. North Metro shall provide the City with evidence that all employees of North Metro who provide electrical inspection service to the City of Arden Hills have at a minimum a Class A Journeyman's License as required by Minn_ Stat. Chapter 326 and the Minnesota Rules Chapter 3800. f. Indemnilication. Parties shall indemnify and hold harmless each other and their ofticials, agents, and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) arising out of any action of the respective parties in the performance of the service of this Agreement. G. Asshmmenl. This Agreement, being intended to secure the services of a Certified Electrical Inspector, shall not be assigned, sublet, or transferred without the written consent of the City. H. Conflict oflnteresl. North Metro agrees to immediately advise the City's Building Ofticial of possible contractual conflicts of interest in representing the City as well as property owners or developers on the same project. A continuing conflict of interest shall be grounds for immediate termination of this Agreement. IN WITNESS WHEREOf, the parties have hereLmto set their hands. . CITY OF ARDEN HILLS As approved by the Arden Hills City Council on the _ day of ,1998. Mayor Date City Administrator Date NORTH METRO INSPECTIONS, INC. Dated the '-/ f..!! day of /J1 A fl.<- H , 1998. BY:~ ~ Its: P/2.SSI1'.?5I1JT . 3 -- ----------- . ty:,lH6I r 6 '~ . State Board of Electricity Offi ce Memorandum 1821 University Avenue, Rm S-128 St. Paul, MN 55104 Voice (612) 642-0800 FAX (612) 642-0441 Date: July 7, 1997 To: ALL CONTRACT ELECTRICAL INSPECTORS From: 1 J.II, A. KJ'j,=kl . Asst. Office Manager Phone: (612) 642-0805 Subject: Renewal or Inspectors Errors and Omissions Insurance . IMPORTANT NOTICE The Errors and Omissions Insurance Policy covering Contract Electrical Inspectors expires August 1, 1997. Your check payable to FEDERATED INSURANCE in the amount of $300.00 must be in our office no later than .July 23. 1997. for the renewal period August I, 1997 to August 1, 1998. Thank You! ~~/l cf\~o/ <i cc: Richard Bradley, Municipal Inspector \'1~ It; James Manteufel, Summit Inspections Richard Nelson, Metro. Inspection Service Ken Peterson, Suburban Inspections Gunnar Pettersen, Metro. Inspection Service All Electrical Area Representatives John Williamson, Asst. Executive Secretary . --------- ~Number2f DECLARATIONS PAGE 93-EC-9565-8 ') STATE FARM FIRE AND CASUALTY COMPANY ~ 8500 STATE FARM WAY, WOODBURY MN 55125-3379 > A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Mailing Address RECE\\/ED . 3935-F725 V NELSON, RICHARD FES 2 3 1998 DBA NORTH METRO INSPECTIONS 941 COUNTY ROAD B W (if{ Of Ail)(N HillS ROSEVILLE MN 55113-4406 USINESS POLICY. SPECIAL FORM 3 Cov A - Inflation Coverage Index: N/A Cov B - Consumer Price Index: 161.6 UTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this JoliCr; will be renewed automaticallo Ibject to the wemiums, rules and forms in effect for each succeedin~ policy perio . If his policy is terminated, we wi I ve you and t e Mortgagee/Lienholder written notice in compliance WI H the policy provisions or as required by law. olicy Period: 1 Yesr The policy period begins and ends at 12:01 am standard time at the ffective Date: JAN 1 1998 premises location. xpiration Date: JAN 1 1999 lmed Insured: Individual ocation of Covered Premises: 030 COUNTY ROAD D W T PAUL MN 55112-3504 overages & Property Limits of Insurance Section I . Buildings Excluded Business Personat Property ~ 1,000 Loss 01 Income Actual Loss Section II Deductibles - Section I 3usiness Liability $ 1,000,000 Medical Payments $ 5,000 $ 250 Basic oducts.Completed Operations $ 2,000,000 PCO) Aggregate ~neral Aggregate (Other $ 2,000,000 -han PC ) In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. Total Estimated )rms, Options, and Endorsements Premium $ 100.00 pecial Form 3 FP-6103 Minimum Premium mendatory Endorsement FE-6223.1 Discounts Applied: -ee Debris Removal FE-6451 Years in Business oliey Endorsement-Business FE -6464 :left Deletion Endorsement FE-6308 Municipal Surtax S .05 lass Deductible Deletion End FE-6538.1 Audit Period: Annual S 100.05 repared TO YOUR POLlCb- t \J 281998 . . /0 8030.2C GN4F B Agent 1993 P TKOFF AGENCY IN Jr policy consists of this pagel any endorsements I the policy form_ PLEASE KEEP THESE TOGETHER. (612) 631-0505 (oll2l72b) ------- : . t:. 1f'.U C:;;I;i -"'/-'J'pCPoY) 2;.<:/1 U0:.-') 7v7 ( . "3!J J - . :.<: .Ie <1 ~ , . -, l . '. - . '., . ~"":L A trj-<.,,,,, .-... '+ <'c-4J 7t{) ",) ( 6 ELECTRICAL INSPECTORS ERRORS AND OMISSIONS INSURANCE POLICY THIS IS A CLAIMS.MAOE POLICY. PLEASE READ IT CAREFULLY .fffltIEBd/fllWFEDERATED POLICY NO. 1003307 HOM' ome< ow,,",,, f NS URANCE rJ THIS POLICY IS NON-ASSESSABLE MINHlSCrA $SOIil}.}fOt . . ~._, . (A mutual insurance company, herein called the company) Issued by Central-Western Division DECLARATIONS 129 East Broadway O'I/atonna. Minnesota 55060 lIem 1. Named Insured and Address: Minnesota Chapter. International Assoclalion of Electricai Inspectors . 1821 Universllv Ave., Room N 191 SI. Paul, MN 55104 Item 2. Policy Period: From AUQust 1,1986 12:01 A.M. Central Standard Time, until cancelled lIem 3. Limits of Insurance: $200,000 each negligent act, erroror omission $400,000 aggregate each insurr~d Item 4. Deductible Amount: $300 each negligent act, error or omission lIem 5. Retroactive Date: AUQust 1, 1986 " or the initial date of coverage for each insured for which coverage is first provided under this policy after this date Item 6. Annual Premium: $300 each insured Throughout this policy the words "you", "your", and "yours" mean a person or organization shown as Named Insured in the Declarations. The words "we", "us" and "our" mean the Company providing this insurance. The word "insured" means any person or organization qualifying as an insured under SECITON V - WHO IS AN INSlJRED. In return for the payment of the premium and subject to all the terms of this policy we agree with you as follows: . SECTION I. COVERAGES claim is made or suit brought is responsible for the payment of A. We will pay on behalf of the insured all sums which the the deductible amount. We may pay all or any part of the insured becomes obiigated to pay as damages because of deductible amount in settlement of a claim_ tf we do, the insured any claim or claims first made against the insured and against whom claim was made agrees to promptiy reimburse reported to us during the "policy period" as a result of any us for the deductible amount we pay. negligent act, error or omission of the insured in rendering SECTION Itl. EXCLUSIONS or failing to render professional services in the insured's capacity as an electrical inspector in the State of Minnesota. This insurance does not apply to: B. We will have the right and duty to defend any claim or suit A. Any (1) dishonest, fraudulent, criminal or malicious act, or against an insured seeking damages as a result of an alleged (2) libel, slander, defamation of character, humiliation, act, error or omission by the Insured for which insurance is invasion of privacy, mental anguish or mental injury. provided by'this policy. B. Injury to, or sickness, disease or death of any person, or to C. We will also pay, subject to the Limits of Insurance, with injury to or destruction of any tangible property, including respect to any claim or suit we defend: the loss of use thereof, unless a direct result of any negligent 1. All expenses we incur. act, error or omission of an insured in rendering or failing 2. All costs taxed against the insured in the suil. to render professional service as an electrical inspector. 3. The costs of appeal bonds or bonds to release attach- C. Any claim made by an employer against an insured who is ments, but only for bond amounts within the applicable an employee of such employer. limit of insurance. We do not have to furnish these bonds. D. Any punitive or exemplary damages. 4. All interest on the full amount of any judgment that accrues E. Any claim arising from the liability of others assumed by an after entry of the jUdgment and before we have paid, Insured under any contract or agreement. offered to payor deposited in court the part of the F. Any claim arising from any acts, errors or omissions occur- judgment that is-within the applicable Limit of Insurance. ring prior to the Retroactive Date stated in the declarations SECTION II. DEDUCTIBLE or in a Memorandum of Insurance issued to the insured _erages unde-r .Section .1.. are 'subject- to the deductible against whom claim is made or suit brought, whichever is 1m unt stated in the .Declarations. The insured ~gainst whom later. PM-135 Ed. 7-86 Page 1 01 3 Printed in U,S.A. CITY OF ARDEN HILLS . MEMORANDUM DATE: March 4, 1998 TO: Mayor and City Council FROM: '~r-! I Cindy S. Walsh, Parks and Recreation Director _ --' /:J SUBJECT: Purchasing Playground Structures at Freeway and Cummings Parks Back~round New Playground structure equipment was planned for both Freeway and Cummings Parks in 1998. Cummings Park was planned as a replacement for this year. The Freeway Park structure was moved up to 1998 because of a donation from the Romanian Orthodox Church charitable gambling organization. Selection of Eq uipmen t There were four companies that developed proposals for each park area. The Parks and Recreation Commission and I met with the residents from each park to get feed back on which proposal they like best. I also met with the parks and recreation staff to have them review the . proposals. The proposals from Miracle Recreation Equipment Company were chosen for both of the park sites. The City does have an existing structure from Miracle at Valentine Park. We have been pleased with their equipment. Cost of Equipment and Budget Implications There is $35,000 budgeted in the General Fund Park Maintenance Budget from the equipment at Cummings Park. The budgeted money includes the cost of equipment, timbers around the strueture, wood fiber, sand and other surface material, and ADA access pathway. Depending on the cost and quantity of cement and mixer rental, I am anticipating the cost to be $34,500. Freeway Park has $16,000 budgeted for a smaller structure. This money was budgeted in the Park Fund since it was donated by the Romanian Orthodox Church. I anticipate spending all of that money. Recommendation Staff recommends purchasing playground equipment and assessories at Freeway for $16,000 and Cummings Parks for of$35,000. With Council approval, I plan to order the equipment the week of March 9 since there is a 4-6 week delivery time. The timbers, surface material, cement, etc... will be ordered at the time of installation. . CITY OF ARDEN HILLS . MEMORANDUM DATE; February 26, 1998 TO: Brian Fritsinger, City Administrator FROM: Dwayne Stafford, Public Works Director ~ SUBJECT: Renaming County Road F Back~round The Public Works Director provided Council with four options for Council to consider at the February 17, 1998, Council worksession. 1. Consider those names provided previously by the Public W orksfPublic Safety Committee, as a result of their City wide survey. Those names were: a. Mustang Road b. Mustang Trail c. Valentine Lake Drive d. Valentine Lake Road e. Arden Hills Road . 2. Ask residents again for input on the renaming. 3. Rename as Farrell Drive as decided at the June 17, 1996, Worksession. 4. Leave as County Road F. Council member Aplikowski Letter Councilmember Aplikowski indicated at the February 17, 1998, Council W orksession, she had sentletlers to County Road F area residents explaining the City Council is ready to consider renaming County Road F, and asked those residents for their input. Councilmember Aplikowski asked that the Council wait on a decision until residents had time to respond to her letter. Council Decision The City Councilmembers agreed at their February 17, 1998, Worksession, to have Staff notify residents of County Road F that Council will be taking action on the name change at their March 9, 1998, Council meeting_ Attached is a copy of this notification. Recommendation The Public Works Director recommends Council consider input from attending residents of the County Road F area and proceed with the renaming of that portion of County Road F between Interstate 35W and Old Highway 10. Attached is an ordinance prepared by City Attorney Filla pertaining to the renaming, which the Public Works Director recommends execution of. . If Council proceeds with the renaming, Staffwill notify the Ramsey County Recorder and Public Service agencies of the change. Enclosure ------------- CITY OF ARDEN HILLS 1450 WEST HIGHWAY 96 . ARDEN HILLS, MN 55112-5794 February 25,1998 County Road F Residents: The Arden Hills City Council will be discussing, and taking action, on a name change for that segment of County Road F, between I-35W and Old Highway la, at its Monday, March 9, 1998, Council meeting. This meeting will be held at 7:30 p.m. at the New Brighton Council Chambers. The City of Arden Hills assumed jurisdiction over this roadway in 1995, hence it is no longer a County road. Several surveys relating to the name change have been conducted over the past few years resulting in many suggestions. At this time, the Council seems to favor Farrell Road. The Farrell family was one of the . first to settle in the area and their original home still stands at the Northeast corner of County Road E2 and Interstate 35W, just west of the library. Residents wishing to attend this meeting are invited to attend, and those attending may address the Council on the change at this time. If you have any qllestions concerning this or any Public Works issues, please contact me at 633-5676. Sincerely, ~ Dwayn~ Stafford Public Works Director DS\jt . PHONE: 16121 633-5676 . FAX 16121 633.7839 , STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS . ORDINANCE NO. 304 AN ORDINANCE RENAMING A PORTION OF COUNTY ROAD F The Arden Hills City Council hereby ordains as follows: 1. Ramsey County has recently turned back to the City of Arden Hills that portion of County Road F lying between old Highway 10 on the east and I-35W on the west. 2. The City of Arden Hills has significantly improved this portion of County Road F and wishes to rename the street. 3. NOW, THEREFORE, the Arden Hills City Council hereby ordains as follows: a. Effective in the 1" day of August, 1998, that portion of County Road Flying between Old Highway 10 on the east and 1-35W on the west shall be named " " b. The City Administrator is directed to notify all parties who own property on this road segment, the Ramsey County Sheriffs Department, the Lake Johanna Fire Department and the U.S. Post Office of the change in name and of the effective . date for the name change. The City Administrator is hereby directed to file a certified copy of this ordinance c. with the Ramsey County Recorder. Effective Date This ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the City Council. Adoption Date Passed by the City Council of the City of Arden Hills the 9th day of March, 1998. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITS INGER, CITY ADMINISTRATOR . (SEAL) Publication Date. Published on the of ,1998. (Affidavit Attached) , PROPOSED NAMES FOR COUNTY ROAD F - latest suggestions as returned to Bev Aplikowski . 1. Leave the same G. Harmon all old people go through "heck"to change the name and have to teli people all overthe world of new address 2. Valentine Road or Dorothy Kunze it will easier to locate because of Ikae connection Valentine Drive 3. Arden Way Liz Garske She likes the sound and it differentiates from 10th St 4. Valentine Lake Road Terry & Mary Voss Lacation is easier to expain because of lake (new Farrell Drive " " Second choice residents) 5. Farrell Road Ann Marie Hoeschler Likes the historical connection 6. Farrell Pond Road Reco Bus Company Thanks for asking for our input 7. Country Road Waner Bieger 8. Wild Bird Road Billie Schacht Letter attached Country Oak Road " " Uphill Road Billie's Favorite Birdseye View Riedseye Rd or Trail Hawk Road , 9. Bluebird Road Alan Wilson 10. Billiken Road or Trail Ken Schacht Because 'BiIIi - Ken" built the first home 11. Farrel Pond Drive M & J Chapin Farrel Drive 12. Old County Road F Sharon Turgeon Letter attached West F Boulevard WestW~ West View Blvd Goodview Drive Golden West Way history: Sioux Trail Farrell Drive Old County Road F West educa: Neil Armstrong Drive Jefferson Drive Descartes Drive Newton Drive Hubble Ave Pascal Drive Magellan Drive Wright Way Kepler . Lindbergh Cavendish Scheeie other names out of literature or arts 3/5/98 BA . . '1--- ) 1- 1 i .....-} ~R-: ~ ~'" "ZJ ~ ~~ 0" . . ~e.>s~ ~ s;: ~f -\\-, ru ~5~.:3 VI. ~ ,,-\2- 1 '<-+'F k- \\j~ ~C\\\<~6 -\--0 ~~ .- . ~ &-Y\ . 1<~' r ,,,_ ~e. '\(C\\e~.\-.\ ~ v ~~ ~k''''J ~~ \\,,-6 ~ ~ ()~-, ~ 0 "",.I ~s, \ v.."'~\'O YH ~\"s'y~ '0 ""'1J~;"(f ~ 1 \-u Ck(t/ l' ~~ Q 0 "'- \, e.-W\~",-V '" b ~J -Vk <'1:.+ . " \t~ d.~.\. ~1/\~ ~.\o..; >1"</W)...d o,.~\W of\. 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YV\o~.Jr J~ ~\Q,.) vJo""\~ \\ k:~~~~ -\-.0 d.t '''-'3' . w '\~ "l,.I.." \N't \,1 Y)e-=;:.l ~ Y\ +-- "t- ' I ~ \.I\.Y"!:.,..r..,~~~ ~ ~ l - V\e.=r.~ \.))~\\~ ~\~(Je-Y \1\<~~ ~~a-;<'J - ~""+- \ V', ~ e) o.\-h.-t-'Y \.AI 0 d +1'-<- · ) --s.~ \,\<~ \D\\~ ~-\~d. ~ ~~ - ~ ~ 1,6< tt--v ~ e..-v, c...o '\>"0. Q V """"''3 VV"\o~ ~~\~Y\L;:':l.J ~e.." ""'J S 0.:. <-"'\-'.~\A'::' _ \.-,;~"./ Gl. b~+- y~ d~~J..,... Av. :>> ~ '\ (Y"C ~":::' Cd"" <" \- e. Q '^ ::::, Ld..--vj v ~ - - - ~ O. ~~:r () (I tt K ~O~d ~ We; \(e-~ ~d~\"'() ~~...:>eJ A5 w~-1pt\~ ~ \> b \A;\-' \\- , ~-5 ....\"..~: '0'-~ ~ ~,-:::. -- \.U'::-l Q.-' WC\..~\;"-~ \"";:> \tn"\l:}' \~.\- "",W rWo\\\' ~J-- ~~ , ><~~.'> \'~Jc ~~~~\ ~ Y>,I- w' ~ ""'.I .,,~l(e.r \"'y ~~_~c:!eJ ~ 1> "-'" "'" i\- c-h. ~ d eJ '-'-'\<\+. \ Y\ -e-<:oL -\:- ~ VI. >'>1>>,\ v- \!Y \ ~\' e"f . ~5 'Y-O eX. \) c '-'- \> ~~ "b \0 'q~.( - ~ " '" =~\Q ) ----ri \ \\~ ~h~~~;Y 1- '""'<\\n ~,~K ~ pv ,!;' ~ d.\ ~~-\'a ~5f".jJ (t,~;;.,~) .,;.,. ~ \ '"' ~'^"V \\,~ 61 ~hr"'; ~ 0' '" ~r ~ . ty . 1777 Venus Ave. St. Paul, MN 55112 February 24, 1998 Mrs. Beverly Aplikowski City Council 1443 Bussard Court Arden Hills, MN 55112 Dear Ms. Aplikowski: Thank you for your efforts to inform the residents as to "what's happening" concerning council action on renaming County Road F. The "city" should take these steps and pay for the time and expense (not place the burden on you personally). It is important to take some time to consider what should be done and to consider the people most affected. It was fun to see the progress to date as shown by your enclosure. It provided some amusing conversation around here. We also will submit our ideas (list enclosed). ~ I believe the people living on "F", having the greatest impact, should have the final say. ]fthe powers that be at the city cannot agree with them, then the name should not change I If the road is renamed, it needs to retain the current street sign (via dual marking) for some reasonable amount of time, to accommodate people using old maps, etc. I don't see the need to make a change. Is it worth the expense and aggravation to the residents and public? Is it just to note change of ownership - to imply that it is not maintained by the county - and that assessments by the city will be forthcoming? Sincerely, / .iA't/<">V'-r"'l~ Sharon Turgeon . To retain some of the current flavor: Old County Road F . West F Boulevard West Way West View Blvd Goodview Drive Golden West Way For a school/education theme: Neil Armstrong Drive Jefferson Drive Descartes Drive Newtorr Drive Hubble Ave. Pascal Drive Magellan Drive Wright Way Kepler Llrtdbergh e Cavendish Scheele (we have a science bias here - others could submit literature/history ideas) F or maintaining history of the area: Sioux Trail Farrell Drive Old County Road F West!! I . ---------- BEVERLY APLlKOWSKI m Dear Neighbors, The Arden Hills City Council is ready to consider renaming County Road F. Due to the news from the telephone company about the telephone prefix numbers in Arden Hills changing, the Council thought it would be the time to consider a name change because everyone will be changing their stationery to some degree. In 1996, The City sent out a survey and there were several names suggested as possible names. The list is enclosed. After the survey, I received some notes from a few County Rd F residents suggesting that "Valentine" was overused and any mention of "school" or "mustang" or "bus" was to be avoided. Personally I have always favored "Farrell Pond Road" or West Farrell Road. e I would like to hear from those of you who want to have some input. Which of the names would you prefer or do you have a dilferenl one to share? We might be talking about this attheWork Session Meeting Tuesday, February 17, (which is when you probably receive this lelter because I forgot about the holiday) - but call me or fax me with your thoughts. The decision will not be made until later. Home" 633-3863 (Please leave message if no answer) Work - 633.1264 (Please leave message ill am not available) FAX - 633-3087 Please share this request with your neighbors in the other neighborhoods. My resident list is not up to date at this time but I feel that all of the Shorewood Hills area should have a chance to input ideas. Those of you on E-mail please log iI on. Thanks Sincerely, ~A1~' Beverly Aplikowski City Council . 1443 BUSSARD COURT ARDEN HillS, MN 55112-3628 633-3863. (W) 633-1264. FAX 633-3087 . . . . . CITY OF ARDEN HILLS ~. MEMORANDUM DATE: June 6, 1996 TO: Bd" Fd"i'g", Ci", Admi,i,trnt" ~ FROM: Dwayne Stafford, Public "Vorks Superintendent '. SUBJECT: Renaming of County Road F Background At the regularly scheduled Council meeting on May 13, 1996, Mayor Probst indicated his desire to move forward with the re-naming of County Road F. The Council indicated it would like to make a recommendation \vhich could be implemented in the future thus, giving property owners a chance to prepare for the name change. This issue had been previously discussed numerous times at the Public WorkslPublic Safety Committee meetings with no action being taken. A survey sent to City residents with their water billings earlier this year requested suggestions for the renaming. Approximately 50 suggestions were received. Of those names suggested, a high percentage relate to either the school (14), the City (8), or Lake Valentine (6). ,~ The name suggested most often was Mustang Road four (4), Mustang Drive and Mustang Trail were also suggested, hov.;ever Nev.! Brighton has a Mustang Drive. Valentine Lake Drive and Valentine Lake Road each had three (3) requests, while several other suggestions using Valentine were made. Several names using Arden were also suggested. Recommendation Staff recommends that based on the results of the survey that Council consider the following names for the current West County Road F: Mustang Road Mustang Trail ~~ Valentine Lake Drive Valentine Lake Road Arden Hills Road See attached survey. i. ...__ ..~_._n._ m......_,.',_ . '. '." . CO. RD. F RENAMING SUGGESTIONS Arden Blvd. Arden-Brighton Link Arden Way . Arden Hills Rd. Arden Road Arden Road F Arden Road West Arden Hills Ashbach Way Bergstrom Rd. John Buckley Blvd. E[in Drive Hill Highway Hill Street High School Dr. High School Rd. Long Lake Road Long Lake Drive 'MustiiiigRoad" Mustang Trail Mustang Pkwy. [III Mustang Dr. Mounds View Drive Mounds View Road II Mounds View School St. Mounds View Blvd. N. Suburban Pkwy II Knowledge St. or Blvd. School Bus Drive Snob Knob School Street School House Rd. High Rd. 4t Speeder Lane The New Improved West Co. Rd. F Old West Co. Rd. F Used to Be West Co. Rd. F Old Co. Rd. F Previously West Co. Rd. F Shorewood Hills Drive Southwood Rd. Valentine Lake Dfiy~ Valentine Blvd. Valentine Hills Blvd. III II Via Valentina Valentine Road Valentine Lake Rd. II , \III McIntosh Memorial Dr. COMMENTS: It should be renamed by the people who live dose to it or on the street itself. Please do not consider a name related to the school. Something that takes all of the surrounding corporations into account that support Arden Hills, Deluxe, Guidant, CDS. Name it after a t1ower. . .- CITY OF ARDEN HILLS . MEMORANDUM DATE: March 3, 1998 TO: Mayor and City Council FROM: Cindv S. Walsh, Parks and Recreation Director ;' 'J '. . '- SUBJECT: Awarding the Price Quote for the Trail Culvert Backl;:round The existing trail bridge is hand made out of wood and is unsafe and inadequate. City Engineer, Greg Brown, prepared a plan to replace the bridge with two 12" drain pipes. A bituminous path would then be placed over the drain pipes. This will provide a much better surface for pedestrians and maintenance vehicles. Proiect Cost We received project cost price quotes from six contractors. The lowest three are as follows: Contractor Price . Sunram Construction, Inc. $11,812.80 (including damaged trail repair) Lametti and Sons, Inc. $12,675 (excluding trail damage repair) Glenn Rehbein Excavating Inc. $13, I 00 (excluding trail damage repair) Sunram Construction, Inc. has the lowest price; however, we have recently been notified that they have been suspended and disqualified from entering into or receiving a MnDot contract or serving as a subcontractor. Under Minnesota Statutes Section 161.315, this suspension also applies to city contracts for goods and services. Engineering fees are expected to be in the ranges of$I,OOO. Thus, the total project cost including engineering is $13,675 if Lamelti and Sons Inc., the lowest qualified quoter, is awarded the project. Budget Implications During the 1998 budget process, MSA Engineering had estimated the cost of the project to be $10,000. I would recommend that the remaining $3,675 come from the $3,750 that was budgeted for seal coating for 1998. Using this money for a purpose other than seal cQating gives the City time to evaluate the effectiveness of the slurry coat that was applied to last year's trail segment. Since the slurry was done in the fall, we have not been through a summer season. I have had very little feedback from . trail users about the surface smoothness of the slurry coat. I am not convinced that the City should proceed with using this method to seal coat the remainder ofthe trails. . ~ .. Rice Creek Watershed District A\l\lroval The inspector from Rice Creek Watershed has provided input and given his approval to the . project. The project will be disturbing less than 2000 square feet of wetland, so mitigation is not necessary. We will proceed with applying for a permit if the project is approved. Recommendation Staff recommends approval of Resolution #98-32 accepting the price quote and authorizing the execution of contract in the matter of the constmction of the City trail culvert. . . 2 .- . STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION NO. 98-32 A RESOLUTION ACCEPTING THE PRICE QUOTE AND AUTHORIZING THE EXECUTION OF CONTRACT IN THE MATTER OF THE CONSTRUCTION OF A CITY TRAIL-CULVERT WHEREAS, the project amount is under $25,000, so price quotes were obtained from six contractors; and WHEREAS, the lowest qualifying quote was received from Lametti and Sons, Inc., for $12,675, which includes some trail reconstruction for anticipated damage. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the construction of the City trail culvert is awarded to Lametti and Sons, Inc. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS . THIS 9TH DAY OF MARCH, 1998. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR . .> .. CITY OF ARDEN HILLS . MEMORANDUM DATE: February 26,1998 TO: Brian Fritsinger, City Administrator FROM: Dwayne Stafford, Public Works Director Ys SUBJECT: 1998 Street Improvement Project Background The City of Arden Hills City Council had ordered an Assessment Hearing for March 30,1998, in the matter of the 1998 Street Improvement Proj ecl. The City received bids for this project on March 5,1998. Staff has determined the costs for this project based on those bids and the assessment policy. Lusts The following information relates to how staff arrived at the amounts shown on Resolution 98- 31, Determining the Assessed Cost for the 1998 Street Improvement. . Total Low Bid 5679,356.69 Subtractions for the following non-assessable items I .Hamline Ave. culvert replacement $20,529.80 2. County Rd. E hydrant relocation 8,812.40 3. Stowe Ave. water connection to New Brighton 11,182.65 4. Trail Improvements 18,19ti 50 Total 58,721.35 - 58,721 35 Total Bid Amount for the 1998 Street Improvement 620,635.34 Overhead costs to the City @ 26% + 160,362.17 Total Cost for Improvement 780,997.51 .~ Subtraction for Sealcoating including overhead - ?(i 175 24 Total Assessable Costs 754,822.27 City's Costs @ 50% 377,411.13 Total Assessable Amount @ 50% 377,411.13 Total Improvement Costs 780,997.51 Minus Total Assessable Amount -377,411.13 Total Improvement Cost to City 403,586.37 . ~_.- . -, Recommendation The City of Arden Hills Public Works Director recommends Council approve Resolution 98-31, Determining Assessed Cost of Improvement and Ordering Proposed Assessment Roll for the . 1998 Street Improvement Project. DS\jt . " . -----_.~-- STATE OF [\II""ESOT A COU"TY OF RAMSEY CITY OF ARDE:'! HILLS . RESOLUTION 98-31 A RESOLUTlO:'! DETERMINING ASSESSED COST OF IMPROVL\IENT AND ORDERING PREP ARA TlON OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF 1998 STREET IMPROVEMENTS WHEREAS, costs have been determined for the 1998 Street Improvements consisting of a contract price of 5620,635.34 and expenses incurred or to be incurred by the City in the making of the improvement in the amount of5160,362.17, for a total cost of the improvement of 5780,997.5l. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: l. Based upon the City Assessment Policies, it is determined that the portion of this improvement to be paid by the City and not assessed to benefitted properties is $403,586.37. 2. The portion of the cost to be assessed against benefitted properties pursuant to the Arden Hills City Assessment Policies shall be 53 77,41l.14. Including 5141,688 to the City of New Brighton for their share of Stowe Avenue reconstmction costs. . 3. The assessments shall be payable in eqLlal annual installments and shall extend over a period of five years for those assessments less than or equal to 53,500, or eight years for those assessments greater than 53,500, the first of the installments to be payable on or before the first Monday in January, 1999, with interest at the rate of 8.00% per annum from the date of the adoption of the assessment resoltLtion. 4. The City Administrator with the assistance of the Project Engineer shall forthwith calculate the proper amount to be specially assessed for sllch improvement against every assessable lot, piece, or parcel ofland, without regard to cash valuation, as provided by law, and shall have available to the City Administrator's office a copy of the proposed assessment roll for public inspection. " " 5. Upon completion of the proposed assessment roll, the City Administrator shall notify the Council and schedule a pLlblic hearing upon the proposed assessment, causing notice of the hearing by publication and mail to be made at least two weeks prior to the hearing. PASSED Ai'm ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9TH DAY OF MARCH, 1998. DENNIS PROBST, MAYOR . ATTEST: BRIAN FRITS INGER, CITY ADMINISTRATOR ,- o.>'-._j"'~....""""'." """"-;J".:o.n -'" ~... '~~"'~'''''''''';;;'2'''''''''':.r..oa:.""".:,;.''''""',''",,,-' - ""....-;~ . IIJIKIIII March 5, 1998 -.--". "-, R" . r ',-'- \ ". '",. '- ,./ ,\ "', }Jfd) 0 f 1,~~qq ',:'~nj \; ",J,,1.1 (iT,,;;, '..,."' B R W I~C. Mr. Brian Fritsinger City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112-5794 RE: 1998 Street Reconstruction and Maintenance Improvements Dear Brian: On Thursday, March 5, 1998 bids were received and opened for the above- Planning referenced project. Bids were received from nine (9) contractors as follows: Transporl.1ti{'n Engint2ering Contractor Bid Amount Corrected Bid t1jb," D'>>gn I. T.A. Schifsky and Sons, Inc. $ 673,814.69 $679,356.69 2. Northwest Asphalt, Inc. $ 721,156.52 $722,902.32 Thresher Squ,1fe 3. Tower Asphalt $ 754,237.30 700 Third Street So. 4. C.S. McCrossan $ 754,953.80 Minneapolis, 5. Valley Paving, Inc. $ 759,332.43 $759,332.58 MN 55413 6. Harddrives, Inc. $ 764,868.00 612/370-0700 7. S.R. Weidema, Inc. $ 786,335.50 Fax 612/370-1378 8. Midwest Asphalt Corp. $ 765,082.55 $787,902.55 Denver 9. Forest Lake Contracting, Inc. $ 812,643.00 NIilwaukee :vtinnearolis Engineer's Estimate $ 725,000.00 '" Newark OrlJndo Eight bids had proper bid guarantees in the amount of ten percent (10%) of the total Phoenix bid as required by the Project Manual. Midwest Asphalt submitted a bid with a 5% PortJ,lnd guarantee. A bid tabulation was performed to verify the total bid amounts. Four bids San Dkgo contained errors as tabulated above. T.A. Schifsky's corrected bid amount is Seatt!!;;' $5,542.00 greater than their original bid however they remain in position as the low bidder. A copy of the bid tabulation is attached for your information. The corrected low bid amount is approximately 6% below the Engineer's Estimate which is reflective of a competitive bidding environment. . The following is a list of subcontractors and suppliers that T.A. Schifsky and Sons, Inc. has indicated will work on the project: ,- -;'.~'~"'J..:,~':':">;at,~':,;,~,,'~".~iilo, ,.-,-. ..;..,;':';';':""';j,;~h..&;";.;' .,;....i;.;*j. '~{i'ii!k;$~",~ -.';.~-- - ",e- Mr. Brian Fritsinger March 5,1998 Page 2 . Function Subcontractor Seal Coating Allied Blacktop Utilities Stepaniak Construction Company Curb & Gutter Landmark Concrete, Inc. Sodding Lino Lakes Landscaping T.A. Schifsky and Sons, Inc. has significant experience in roadway reconstruction and has completed several successful projects in the City of Arden Hills and neighboring communities. We are confident that T.A. Schifsky and Sons, Inc. is capable of satisfactorily completing the work required by this project. We, therefore, recommend the award of the 1998 Street Reconstruction and Maintenance Improvements to T.A. Schifsky and Sons, Inc. for the total amount of $679,356.69. The project has been submitted to MnDOT State Aid office for review (regarding Stowe A venue only). It is anticipated that final approval through the State Aid office will occur prior to March 30, 1998. The project schedule outlined below is contingent upon results from the Assessment hearing and subsequent award by the City Council on April 27, 1998: Assessment Hearing March 30, 1998 . A ward Contract April 27, 1998 Begin Construction May 11, 1998 Complete Construction August 14, 1998 . Please call me at 373-6479 if you have any questions or need additional information. Sincerely, ". ~ GSB Enclosure cc: Dwayne Stafford/Arden Hills Terry Post! Arden Hills Jon HomlBRW John Knauff/BRW . File 37951 003 800 I ~;~....~ :~,~) ;'::~': ,,~J '1- 11- ~ ~, I . REVISED AGENDA ARDEN HILLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS MONDAY, MARCH 9, 1998,7:30 P.M. 7:30 P.M. 1. Call to Order 7:30 P.M. 2. Approval of Meeting Agenda 7:30 P.M. 3. Approval of Minutes a. February 23, 1998 Regular Council Meeting 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 b. Electrical Inspector Contract c. Purchase of Playground Structures at Freeway and Cummings Parks . 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. [n 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 Council prior to the meeting, or as bench copies, to aHow a more timely presentation. 7:40P.M. 6. Unfinished and New Business a. Ordinance #304, County Road F, Name Change b. Res. #98-32, Accepting the Price Quote and Authorizing the Execution of Contract in the Matter of the Construction of a City Trail-Culvert c. Res. #98-31, Determining Assessed Cost ofImprovement and Ordering Preparation of Proposed Assessment Roll in the Matter of 1998 Street Improvements d. Personnel, Employee Health Insurance e. Ordinance #305, Interim Ordinance Placing a Moratorium ofthe Siting of Adult Establishments within Any Zoning District of the City of Arden Hills, and Directing a Study to be Conducted 9:00 P.M. 7. Administrator Comments 9:15 P.M. 8. Council Comments . ':30 P.M. 9. Adjourn The above times may vary depending upon length of issue discussion. ,---- -~ ~- e March Meetings April Meetings March 4 Planning Commission 7:30 P.M. Aprill Planning Commission 7:30 P.M. March 9 Council Meeting 7:30 P.M. April 13 Business Relations 4:00 P.M. Committee March 16 Council Worksession 4:45 P.M. April I3 Council Meeting 7:30 P.M. March 18 Business Development 8:00 A.M. Committee April 15 Business Development 8:00 A.M. Committee March 19 Finance Committee 7:30 P.M. April 16 Finance Committee 7:30 P.M. March 19 Public Safety 7:30 P.M. Commission April 16 Public Safety 7:30 P.M. Commission March 24 Parks & Recreation 7:00 P.M. Commission April 20 Council Worksession 4:45 P.M. . March 25 Newsletter Committee 6:00 P.M. April 27 Economic Development 7:00 P.M. Authority March 30 Economic Development 7:00 P.M. Authority April 27 Council Meeting 7:30 P.M. March 30 Council Meeting 7:30 P.M. April 28 Parks & Recreation 7:00 P.M. 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StPaul,i\l\lo;,)I01-IIQ7 Glenn ~- Bergm.an l~ Ib12) 2CJh~9S') rohn Michael Miller ~:~~T'tKljh!u..:.v."'r?i:":Yi~W";;:ni~"T;-~-"1..' 111'1 '" ,__' f .. .,. .ichael T Oberle - - "1, - , - - -:4\... ~C"'~.j...i4.Ji.~~;,i1 ) - --'.- n y aCSlml t:. enneth A. ,Amdahl teven H. Bruns- Paul W Fahning Timothy P. Russell Esther E. l'-'lcGinnis I\lelvin I Silver. Of Counsel Direct Dial #290-6907 March 6, 1998 Kevin Ringwald Pr-'f"r,:::I\JFn Community Development Director . lL\.j ~ o,__J City of Ard~n Hills "1AR 0 9 1998 1450 West Hlghway 96 ~ Arden Hills, MN 55112 rr<v 'I~ ''''tL\ tIll Ul AjHJtj~111 ~ RE: Interim Ordinance Adult Establishments Our File No.: 10450/920001 Dear Kevin: Enclosed is an Interim Ordinance which would prohibit the siting of "Adult Establishments" within the City during the period of the moratorium. The proposed Interim Ordinance is modeled upon . a similar regulation which was adopted by the City of Crystal, Minnesota. The constitutionality of the Crystal Interim Ordinance was upheld by the Minnesota Appellate Court on September 30, 1997. In a recent case entitled Duncanson v. Board of Supervisors of Danville Township, 551 N.W.2d 248 (Minn. App. 1996), the Minnesota Appellate Court determined that different procedures apply to the adoption of an Interim Ordinance than to the adoption of other zoning ordinances. It is not necessary for the City to adopt the ordinance after a public hearing preceded by published notice. It is not necessary for the City to have the Planning Commission review the regulation before the City Council adopts the moratorium. . '.. '~,~ :". .......}. ~ -t:: ~-\ LL!~ . \ 11 J ." ~ 'J -'~,1l'~ '..\L.SO ..\D.\I.TTE) L'J W.sCO,",SI'-J ------- ------------- --.--.--- , Kevin Ringwald March 6, 1998 . Page 2 An Interim Ordinance may prohibit development for one year from the effective date of the regulation and may, in appropriate circumst.ances, be extended for an additional eighteen months. It is best to adopt the Interim Ordinance before the City receives a development application or a request for a building permit. Three affirmative votes of the City Council are required to adopt the ordinance. Just in case the City does not wish to publish the entire Interim Ordinance, I am also enclosing an Ordinance Summary. Four affirmative votes of the Council are necessary co adopt an Ordinance Summary. If you have any questions, please contact me. Very truly yours, OCr - p." illa JPF:bap encs. . . ~E\T BY:ftltK~O\ fRA~ 5ERG~~\ 3- 9-90 16:03 :PETERSO\ fRA~ BERG~A~ 012 633 7639:" 2/10 ORDINANCE NO. 305 . AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF ARDEN HILLS; AND DIRECTING A STUDY TO BE CONDUCTED. THE ARDEN HILLS CITY COUNCIL ORDAINS: Section 1. Reci~als. 1. 01 The State Attorney General has prepared a report entitled "report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6, 1989, pr.epared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota/Olmsted County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40-Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The ReportB considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1. 02 The State Attorney General's Report, based upon Lhe above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, . the State Attorney General's Working Group " heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increase crime rateo (sex-related crimes ~n particular) , lowered property values, increased transiency, and decreased stability of ownership; c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increasesi d. studies of other cities have shown that among the crimes which tend to increase either within Or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; 1 . :>1:.\[ jjj:ftltR:>O\ fRA.\llltRG.\J..\.\ :3- 9-90: 16:03 :PETERSO\ FR.-l.V, BERG.\1.;- 6126337839:; 3/10 , e. the City of Phoenix, Arizona study confirmed that the sex . crime rate was on the average 500 percent higher in areae with sexually oriented businesses; f. many members of the public perceive Qreas within which adult uses are located as less than other areas which do not have such uses; g. studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proxinity to adult uses; and h. the Indianapolis, Indiana study eotablished that professional real estate appraisers believe that an adult: bookstore would have a negative effect On ~he value of both residential and commercial properties within a one to three block area of the store. 1.03 The Arden Hills City Council finds the suburban characteristics of Arden Hille are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1. 04 The Arden Hills City Council finds, based upon the R~ports and th~ studies cited therein, that adult uses may have secondary effects upon certain pre-existing land uses within the City. . 1.05 The City's current zoning ordinance does not address such adult uses which have b~en found by other municipalities to cause similar adverse secondary effects. 1.06 The City Council lS concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07 In addition to the prop~r zoning classification ot such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted Or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. c. The effect of such uses on other uses in the surrounding area. 2 . ~t.\ i tll :l"Ut.RSu\ fK\.\l BERGlt.-\.\ : 3- 9-96 16:04 :fETERSO\ fRA~ BERG)L-\~ 612 633 i639 = 4/10 1.08 There is a need for a study to be conducted so that the . City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including chose referenced above. 1.09 There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10 The City Council has directed that such a study be undertaken. 1.11 Minnesota Statutes, Seccion 462.355, Subd. 4 permits the adoption of interim zoning ordinances during the planning process. Ssction 2. Definitions. For the purposes of this ordinance, the following terms shall mean: 2.01 Adult Establishment. Adult Establishment means: . a. Any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business; b. Any business that (i) derives 25% or more of its gross receipts during any calendar month from, or (ii) devotes 25\ or more of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to, items, merchandiser devices or other materials distinguiShed or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to Specified Sexual Activities or Specified Anatomical Areas; or c. Any business that engages in any Adult Use. 2.02 Adult Usss, Generally. Adult uses include adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body 3 . ~"- \ 1m' rt.1 t.JOU.\ r J<:.~.\I tit.J<:u.\H.\ J- ~-~o It'u-! 'PtTER~u.\ fR.'\.\1 BtRG.\I-,- tl~ bJ3 7639:= j!lO painting studios, and oth~r premises, enterprises, or all members of the public at or in which there is an ~mphasis on the . presentation, display, depiction or description of "Specified Sexual Activities" or ".specified Anatomical Areas' which are capable of being seen by members of the public. Activities and matters cla88ified as obscene as defined by Minnesota Statutes 617.241 are not included as an Adult Use and are prohibited in the City of Arden Hills. Adult Uses include but are not limited to the following: a. Adult Bodv Paint1ncr Studio. An establishment or business which provides the service of applying paint or other substanc~, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas. II b. Adult Bookstore. A building or portion of a building used for the barter, rental or sale of items consisting of printed matter (specifically included, but not limited to, grcQting cards) , pictures, slides, records, audio tape, vid~otape or mo~ion pictur~ film if such building or portion of a building is not op~n to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such i terns are dist:inguished or characterized by an emphasis on the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas". c. Adult Cabaret. ~ building or portion of a building used . for providing dancing or other live ent.ert.a;nrnent, if such building or port:ion of a building excludes minors by virtue of age or if such dancing or other live ent:ertainmenL is distinguished or characterized by an emphasis on the presentation, displ",y, depiction or description of II specified sexual activities" or "specified anatomical areas II . d. Adult Comnanionshi 'P Establishment. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening t:o conversation, talk or discussion betwe~n an employee of the ~stablishment and a customer, if such service is dist:inguished or charact:erized by an emphasis on II specified sexual activities" or "specified anatomical areas II . e. Adult Conversation/Rap Parlor. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual 4 . ~UI t5l :rtltJ(~u\ tK..l.\l DtKi.J}H\ . ;0- 9-96: 10:0" :PETERS0\ fR.Ul BERGlt:\- 612 633 7633:~ 6/10 activities'l or "specified anatomical are<ls". . f. Adult Health/Sport Club. A health/sport club which excludes m~nors by reason of age, or if such club ~s distinguished or characterized by an emphasis on "specified sexual activities" or "specified iJ.natomical areas II . g. Adult Hotel or Motel. Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and wherein material is prezented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". h. Adult Massaqe Parlor, Health Club. ^ massage piJ.rlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or IIspecified anatomical areas" . i. Adult Mini-Motion Picture Theatre. A building or portion of a building with a capacity for less than fifty persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on "specified sexual . activities" or "specified anatomical areas" for observation by patrons therein. j. Adult Madeline: Studio. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexuiJ.l gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" which being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult lIlotion picture Arcade. Any place to which the public ~s permitted or invited wherein coin or slug- operated Or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or few persons per machine at anyone time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or llgpecified anatomical areasl'. 5 . ~L.\ I 1>1. t'L I tK5U'ITK.-\.\[ t;LKlJ.lL\.\ " ::J ::JO 1t: US . ~trtR~f).\ fR.-\.~ BERG.\I.-\- 612 6JJ 7638:; 7/10 1. Adult Motion Picture The~tre. A building or porLion of a building with a capacity of fifty or more persons used . for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age Or if such malerial is distinguished or characterized by an emphasis on "specified sexual activities If or "specified anatomical areas II for observation by patrons therein. m. Adult Novel tv B\1.siness. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed to create sexual stimulation, or are otherwise designed to stimulaLe or arouse sexual excitement in any manner whatsoever, specifically including, but not limiLed to, items such as inflatable dolls or similar devices. n. Adul t Sauna. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing utilizing steam or hOL air as a cleaning, relaxing or reducing agent, if the service provided by the Sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas II . O. Adult Steam Room/Bathhouse Pacilitv. A building Or portion of building used for providing a steam bath or heat bathing room used for the purpose of pleasure, . bathing, relaxation, or reducing, utilizing sLeam or hol air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reaSOn of age or if the service provided by the steam room/bathroom facili ty is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". 2.03 Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals. public region, buttock, anus~ or female (breast (s) below a point immediately above the tope of the areola; and b. Human male genitals in a discernibly turgid staLe, even if completely and opaquely covered. 2.04 Specified Sexual Activities. a. Actual or simulated sexual inte~~ourse, oral copulation, anal tntercourse~ oral-anal copulation, besti",lity, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual G . ;'L\I Dl.,tlt!C'v.\ rl'(.-\.\ltstl'(i.J.\1.-\.\ . J- ~-~(j; 1t;;Ub ;f't.It.R:SO.\ fR..\.Il11tRG.\1.-\- tL' t;3J 78J9;" 8/10 relationship, or the use of excretory functions in the ~ context of a sexual relationship, und any of the ~ following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sex""l stimulation, arousal or tumescence; or c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling or touching of nude human genitals, public region, buttocks, or female breast; or e. Situations involving a person or parsons any of whom are nuda, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person; or f, Erotic Or lewd touching, fondling or other sexually- oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigat i.on. ~ Section 3. ~ Planning and Zoning Study; Moratorium. 3.01 A study is authori~ed to be conducted by City Staff to determine how adult establishment uses should be regulated within the City. The scope of the study should include, but is not limited to, the fOllowing: a. the particular zoning di.stricts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02 Upon completion of the "tudy, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During 7 e SE.\1 m: ftrtRSO\ fR.'L\1 BERG,t\\ ; ;J- 8-86 16:06 :fETERSO\ fR.'L~ BERG'L~- 612 6;JJ 76;J3 ; 3/10 the term of this ordinance, no adult establishment shall be established, operated or located within the City limits of Arden . Hills. Section 4. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any COurt of competent jurisdiction. Section 5. Separability. Every section, provision or part of this ordinance is declared separable from every section, provision or part of Lhis ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, Or part of this ordinance. Section 6. Duration. This ordinance shall remain in effect for one year from the date of its effective date or until such earlier b.me as said ordinance shall be revoked or oth~,wise amended. Section 7. Effective Date. . This ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the City Council. Section 8. Adoption Date. Passed by the City Council of the City of Arden Hills the _ day of , 1998. Dennis Probst, Mayor ATTEST: Brian Fritsinger, City Administrator Publication Date. Published on the of , 1998. B . ~L.\I tj) . rLitJOv.\ r~..\.~ titKG.\H.\ : J- 3-30 : 16:06 :PETERSO\ f~l~ BERG~,- 612 63J i633;;10flO . . AN ORDINANCE SUMMARY OIl the 9th day of March . 1998, the Arden Hills City Council adopted Ordinance No. 10') , and pursuant to Minn. Stat. H62.355, Subd. 4, and, by four affirmative votes, directed that a summary of the ordinance be published. Arden Hills Ordinance No. 305 is entitled "An Interim Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning Distri"t: of the City of Arden Hills and Directing a Study to be Conducted" . The Ordinance includes background information, definitions, establishing a moratorium period, and contains enforcement provisions. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator at 1450 West Highway 96, Arden Hills, MN 55112. Date: March 9. 1998 Brian Fritsinger City Administrator . ~/ord/AK-AOl_~~ 9 . -- 1=.<.'-' C,... _'... ;;tio "\ .~,_. . . City of Arden Hills Comprehensive Plan Meeting Wednesday, May 20,1998 7:00 p.m. U.S. Army Reserve Center Corner of Highway #96 and Lexington Agenda: 1. Update Parks and Trails Map 7:00 2. Review Draft Land Use Plan 7:30 . 3. Discuss Housing Element 8:10 4. Discuss Transportation Issues 8:30 5. Adjourn 9:00 . . . McCombs Frank Roos Associates