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HomeMy WebLinkAboutCCP 07-12-1999 ......... --.. CITY OF ARDEN HILrJ rl_E 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, JULY 12, 1999, 7:30 P.M. Citv Philosophv To provide a basic and necessary scope of quality services through the innovative and purposeful use of physical, financial and human resources. 7:30 P.M. Call to Order 7:30 P,M. 7:30 P.M. _Ie 7:30 P,M. 7:35 P.M. ~~_......... '" 1. 2. Approval of Meeting Agenda 3. Approval of Minutes a, June 28,1999 Regular Council 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 fonnat. 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. Regular Employee Status, Scott Freyberger 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. PHONE: (612) 633-5676 . FAX (612) 633-7839 AGENDA. PAGE TWO CITY COUNCIL MEETING, CITY HALL MONDAY, JULY 12, 1999, 7:30 P.M. .IIIIIIIIl... ~ 7:40 P.M. 9:20 P.M. 9:30 P.M. 9:40 P.M. 6. Unfinished and New Business a. Pay Estimate #3, Forest Lake Contracting b. Final Pay Estimate, Jay Brothers c. Res. #99.20, Supporting a Joint Powers Agreement Between the City of Arden Hills and Ramsey County Regarding County Collection of Recycling Fees for the City d. Proposed Public WorksJParks Maintenance Facility, Space Needs Study, TKDA e. Municipal Code Codification, Chapters 5 . 7 7. Administrator Comments 8, Council Comments and Committee Liaison Activity Reports 9. Adjourn The above times may vary depending upon length of issue discussion. -~- Tentative Julv Meetin!! Schedule Meeting dates, times and locations are subject to change, Please contact City Hall for the most current schedule, Tentative AUl!ust Meetinl! Schedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. July 7 Planning Commission 7:30 P.M. July 12 Council Meeting 7:30 P.M. July 15 Operations Committee 6:30 P.M. Orientation July 19 Council Worksession 4:45 P.M. July 26 Economic Development 7:00 P.M, Authority July 26 Council Meeting 7:30 P.M. July 27 Parks & Recreation 7:00 P.M. Committee July 28 1-35W Corridor 5:30 P,M. Coalition Board Meeting July 28 Communications 6:00 P.M, Committee August 4 Planning Commission 8:00 P.M. August 9 Council Meeting 7:30 P.M. August 16 Council Worksession 4:45 P.M. August 24 Parks & Recreation 7:00 P.M. Committee August 25 Communications 6:00 P.M. Committee August 30 Economic Development 7:00 P.M. Authority Angust 30 Council Meeting 7:30 P.M. ~-~ ... 07/09/99 FRI 07:46 FAX 6126337839 TRA~SMISS10N OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills I4i 001 ********************* *** TX REPORT *** ********************* 4407 6124219511 07/09 07:45 01'33 4 OK 07/09/99 FRI 07:48 FAX 6126337839 TtlANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 4408 6461220 KMWB WB23 MPLS M 07/09 07:47 00'53 3 OK 07/09/99 FRI 07:49 FAX 6126337839 City of Arden Hills ~001 . TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESCLT ********************* .** TX REPORT ... ********************* 4409 6123701378 BRW, I:\'C. 07/09 07:48 00'53 3 OK . . 07/08/99 THU 16:31 FAX 6126337839 TRANSMISSlON OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIllE USAGE T PGS. SENT RESULT . . City of Arden Hills Il!I 001 ********************* *** TX REPORT *** ********************* 4396 2281753 07/08 16:31 00'43 2 OK 07/08/99 THU 16:33 FAX 6126337839 TRANSMI SSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~OOl ********************* *** TX REPORT *** ***s***************** 4397 6333846 07/08 16:32 01'21 2 OK 07/08/99 THU 16:35 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 141001 *** ********************* *** TX REPORT ********************* 4398 6339550 07/08 16:34 00'43 2 OK 07/08/99 TIIlI] 6: 36 FAX 6126337839 TRANSM1SSI01i OK TX/RX NO CONNECTION TEL CONNECTIO'i ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 4399 2285268 07/08 16:35 00'43 2 OK 07/08/99 THl' 16: 37 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT tmSUer . . Clty of Arden Hills IiZJ 001 ********************* *** TX REPORT *** ********************* 4400 6286833 07/08 16:36 00'45 2 OK 07/08/99 THU 16:38 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION TD ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 4401 6122279371 07/08 16:37 00'58 2 OK 07/08/99 THU 16:43 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE l' PGS. SENT RESULT . . City of Arden Hills 19J001 ********************* *** TX REPORT ,,_ S******************** 4402 4821262 07/08 16:42 01'00 2 OK 07/08/99 THU 16:49 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . C Jty of Arden Hill s ~001 ********************* *** TX REPORT *** ********************* 4403 4266699 07/08 16:44 05'15 9 OK e e e CITY OF ARDEN HILLS MEMORANDUM DATE: July 9, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrato@ FROM: SUBJECT: Administrator Comments for the July 12, 1999 Council Meeting 1. AuurovalofMinutes The City Council is asked to approve the Minutes of the June 28, 1999 Regular Council meeting. 2. Consent Calendar a. Claims and Pavroll The City Council is asked to approve vendor claims in the amount of $128,424.63, and payroll for the period most recently ended, The Council should note payment to Ramsey County in the amount of $52,304 for July law enforcement; and to Ziegler, Inc. in the amount of $30,384.45 for the purchase of the new Public Works generator. b. Relffilar Emulovee Status. Scott Frevbereer The City Council is asked to approve the appointment of Mr. Freyberger as a regular full-time employee with the City of Arden Hills. 3. Unfinished and New Business a. Pay Estimate #3. West Round Lake Road - Phase I. Forest Lake Contractine The City Council is asked to approve Pay Estimate #3 to Forest Lake Contracting in the amount of$271,719.87 for work to-date on Phase I of the West Round Lake Road project. h. Final Pay Estimate. Lift Station #3. Jav Brothers The City Council is asked to approve the final pay estimate in the amount of $7,507.34 to Jay Brothers for work completed on Lift Station #3. Mr. Stafford and Mr. Brown have reviewed the work, and are satisfied that the project has been completed according to specifications. Administrator Comments for the July 12, 1999 Council Meeting Page Two July 9,1999 e c. Res. #99-20. Recvclinl!: Services. Joint Powers Al!reement The City Council is asked to adopt Resolution #99-20, supporting a Joint Powers Agreement between the City of Arden Hills and Ramsey County regarding County collection of recycling fees for the City. The City has worked under a similar agreement since 1991, The current agreement has expired. The Council is asked to adopt the resolution, subject to a final review of the agreement by the City Attorney, . d. Proposed Public WorkslParks Maintenance Facilitv. Space Needs Study. TIillA The City Council is asked to authorize the execution of an agreement with TKDA for the space needs study for the Public WorksIParks Maintenance Facility. The cost of the proposal is not to exceed $8,500. e. Municipal Code Codification. Chapters 5 - 7 The City Council is asked to review Chapters 5 -7 of the Arden Hills Municipal Code and provide feedback to staff on these chapters. Staff will then forward any questions or suggested changes to the League of Minnesota Cities (LMC) officials for review. Once again, I did not include more copies of each chapter. Please review those copies provided to you in June. e Council Comments The Council may note that I revised this portion of the agenda, The intent is to provide a more formal opportunity for the Council Liaisons to update the Council on any of the activities being discussed by the committees. e , I ,. e e . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING JUNE 28,1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS Dp 1{'4/:r CALL TO ORDERlROLL 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, Gregg Larson, Paul Malone, and Lois Rem. Absent: None Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; City Accountant, Terrance Post; City Engineer, Greg Brown, BRW; and Recording Secretary, Lori Rolfson. ADOPT AGENDA Mr. Fritsinger suggested that the agenda be amended by switching the order of items 8.A. and 8.B. under Unfinished and New Business. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adopt the agenda for the June 28, 1999, regular City Council meeting, as amended. The motion carried unanimously (5-0). PUBLIC HEARING. PRESBYTERIAN HOMES BOND ISSUE A. Resolution #99-19, Resolution Reciting a Proposal for a Housing Finance Program to Finance an Elderly Housing Development Project, Giving Preliminary Approval to the Project and the Issuance of Revenue Bonds Pursuant to Minnesota Law, and Ratifying the Preparation of a Housing Finance Program (Presbyterian Homes Obligated Group Project) Mayor Probst opened the public hearing at 7:31 p.m. Mr, Fritsinger explained that the City Council had before it a resolution, which would give preliminary approval for the issuance of bonds for Presbyterian Homes. The City has, on several occasions, issued bonds on behalf of Presbyterian Homes that permitted the refinancing of an existing Revenue Bond for Presbyterian Homes, These funds were used exclusively at Arden Hills facilities. The total amount of bonds being proposed is not to expected to exceed $30,000,000. This bond issuance is unique from other revenue bonds that have been issued in the past, in that this bond - ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 40 issuance is not only for Arden Hills facilities, but also for facilities located in Little canada,' ~. ~4J:-~ Spring Park, Bloomington, Minnesota; and Ankeny, Iowa. . The revenue bonds being proposed are authorized by State of Minnesota Statutes 462, which deals with municipal housing programs, and 469, which deals with industrial development bonds. Under this program, the cities are used as a conduit for the financing mechanism used for the improvements. This relates back to the State's intention that local governments help where they can with various nursing home and health care facilities, which are needed for citizens throughout the State. The City of Arden Hills will be asked to give final approval of the Bond Sale. This will most likely take place in late August. As part of this approval, the City will be executing a variety of documents including a loan agreement and Joint Powers Agreement, for the facility in Iowa. The bond is not a general obligation of the City of Arden Hills, or any of the other cities listed. The bonds are issued, based on the revenues of the project, and are payable from sums to be paid by the developer, pursuant to a revenue agreement. Mr. Fritsinger advised that the City Council was asked to adopt Resolution #99-19, resolution reciting a proposal for a Housing Finance Program to finance an elderly housing development project, giving preliminary approval to the project and the issuance of Revenue Bonds pursuant to Minnesota Law, and ratifying the preparation of a Housing Finance Program (Presbyterian Homes Obligated Group Project). . Mayor Probst requested confirmation that this bonding would have no effect on the City of Arden Hills' bond indebtedness. Mr. Fritsinger confmned that this was correct, Mayor Probst closed the public hearing at 7:35 p,m., as no one wished to address the City Council. Councilmember Larson noted the staff report had indicated that previously issued bonds were used exclusively at Arden Hills facilities. He asked why, in this case, the Presbyterian Homes did not ask the City for bonds related only to the improvements in Arden Hills and make requests to the other cities for the improvements within their areas. Mr. Fritsinger explained that, due to the size of the refinancing and the issues involved, Presbyterian Homes needed to look at each community to determine how this may affect other bonds that are planned to be issued in those communities. Mr. Post added that Presbyterian Homes approached the other cities to see if there would be any conflict with other bond issuances planned for this year. There is an upper limit of bank qualified debt of$IO,OOO,OOO each year. This proposal would have far exceeded this limit. Since the City of Arden Hills was not planning any issuance debt this year, the City was the logical candidate to issue the bonds. MOTION: Councilmember Malone moved and Councilmember Larson seconded a motion to adopt Resolution #99-19, resolution reciting a proposal for a Housing Finance . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 I)1&:"::} S!.;,- ,A ~ .(f-.!~/ /~ Program to finance an elderly housing development project, giving preliminary ill' 'J'" approval to the project and the issuance of Revenue Bonds pursuant to Minnesota Law, and ratifYing the preparation of a Housing Finance Program (Presbyterian Homes Obligated Group Project), The motion carried unanimously (5-0), e PUBLIC INFORMATION MEETING (HIGHWAY 96 RECONSTRUCTION - I-35W TO LEXINGTON AVENUE) Mr. Jim Tolaas, Ramsey County Public Works Project Manager, explained that Ramsey County and the City of Arden Hills have been working with the Minnesota Department of Transportation to develop plans for the reconstruction of Highway 96 from I - 3 5W to Lexington A venue. One of the most challenging issues identified in this segment has been in the area between I-35W and US Highway 10, Conflicts with Round Lake, improved commercial access, property impacts to Arden Manor Mobile Home Park, traffic capacity, and access for future development ofthe TCAAP site have been addressed in the design process. . Ramsey County is working closely with the Minnesota Department of Transportation to find a solution for putting together a funding package. The County is also trying to be sensitive to the needs of the City of Arden Hills, for the current development of the Round Lake Park area, as well as future development of the TCAAP area and the Mobile Home Park. Ramsey County has struggled to find a solution, which is acceptable to both the City of Arden Hills and the State of Minnesota. In the past, Ramsey County has been a proponent of protecting local interest as well as serving long-term regional needs, which has been a difficult task. Mr. Tolaas stated that he was present at the meeting to present one recent proposed solution, which has been through the Minnesota Department of Transportation's preliminary layout group. The Minnesota Department of Transportation sees this as a more attractive option than the previous one as it would be safer and would set itself up well for a future interchange off of US Highway 10. This option also protects the City's long-term interest. In the short term, there would be some trade-offs for the City of Arden Hills. At previous meetings, Ramsey County had proposed a grade separation at US Highway 10 and Highway 96. This previous solution which was presented and approved by the City Council, would have provided a ramp on the north side of Highway 96 to provide access from US Highway 10 to Highway 96 for both east and west bound traffic, This option was presented to the Minnesota Department of Transportation and it was agreed that this concept did serve the intermediate access need, while at the same time setting itself up a future interchange to the north which would provide good access for the TCAAP site. . What the Minnesota Department of Transportation focused on in the final analysis of this option was, because of the openings on US Highway 10 serving the Big 1 o Supper Club, Scherer Lumber, Arden Manor Mobile Home Park and the TCAAP area, there would be weaving issues and safety problems with the ramp, Ramps create situations where traffic weaves across lanes to make left-hand turns, which causes congestion and serious safety issues, particularly with the high speed of traffic in the area. ARDEN HILLS CITY COUNCIL - JUNE 28,1999 The Minnesota Department of Transportation asked that Ramsey County go back and revisit this issue. The Minnesota Department of Transportation's position is that they could accept this scenario, however, with conditions that address the safety and circulation issues developed in this area, such as closing off the accesses completely. This action would leave the City without any access to US Highway 10 for the properties north of Highway 96 and west of US Highway 10. The Minnesota Department of Transportation, Ramsey County and Arden Hills City staff worked at developing a frontage road option along the west side of US Highway 10, in lieu of the previous ramp proposal. This option would have some trade-offs and restrict some access, The southbound US Highway 10 traffic could not access Highway 96 at all. There would be an opening for the Scherer Lumber facility from north bound US Highway 10. This opening would be configured in such a way so as not to allow cut through traffic from US Highway 10 to Highway 96, The proposed frontage road would displace the current home sites on the west side of US Highway 10, The frontage road would provide access for local property owners by allowing for both east and west movements onto Highway 96. This option does put a greater focus on the interchange at 1-35W. Ramsey County has proposed a single point diamond design interchange for this location. This is an improvement, which will not occur for several years since the Minnesota Department of Transportation is considering the 1-35W corridor in a broader sense, Mr. T olaas stated that he did not believe there would be support for funding at this location until the Minnesota Department of Transportation completes the 1-35W study. Mr. Tolaas expressed his belief that this second option is an attractive proposal for circulation of the US Highway 10 and Highway 96 intersection. It is likely that the Minnesota Department of Transportation would work closely with Ramsey County to develop a funding package for this option. Mr. Tolaas stated that the County is not attempting to dictate to the City which scenario should be chosen. One option would be to back away from this entire segment until the funding is put together. At this point, the County cannot move forward with an engineering design until a concept is found which is acceptable to both the City of Arden Hills and the State of Minnesota. Mayor Probst noted that a related development was that the State of Minnesota is in the process of turning back Highway 96 to Ramsey County. With this process, Highway 96 is being scheduled for upgrades from Old Highway 8 through to White Bear Lake. In theory, by the end of this summer, everything from Lexington Avenue to the east will be completed. Mr. Tolaas noted that the eastern portion of Highway 96 is scheduled to be a two year project. Mayor Probst stated that in conversations with Ramsey County, the City of Arden Hills had thought there had been a resolution of the US Highway 10 and Highway 96 interchange. The Minnesota Department of Transportation entered the discussions somewhat late and had indicated a strong desire to have a grade separation with a bridge for US Highway 10 over Highway 96. The overall plan had been for US Highway 10 to serve as a reliever for 1-35W traffic. The initial proposal the City received from the Minnesota Department of Transportation related to this plan provided no access at the US Highway 10 and Highway 96 interchange. The City If-", li ,lD' ,..,.,........ 't;-' (4.1 '^ '~:'l'i e e e e . ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 ";5 , ~ 'J~l' " It... ~ '}fJ'''4 Council at that time objected and requested that the Minnesota Department of Transportation provide the City with some analysis and options, which the Minnesota Department of Transportation was not willing to do. The City of Arden Hills had the City Engineer analyze the area and provide some options. The ramp option, which had been approved by the City Council, was the result of these analyses. At that time, the City of Arden Hills had believed there was an agreement with the Minnesota Department of Transportation to proceed with the Highway 96 work within the City. There have been previous public meetings and, one issue for the City Council is that there are a number of residents who, regardless of which option is chosen for the interchange, will be directly affected by the project. A number of homeowners in the Arden Manor Mobile Home Park have been put on hold with regard to property acquisition. Additionally, the Highway 96 segment to I-35W cannot proceed until these remaining issues are resolved. Mayor Probst opened the meeting up to public comments. Mr. Alan Johnson, 4529 Lakeshore Place, stated that he has lived at the southwest intersection of US Highway 10 and Highway 96 for 46 years. He indicated that he had spoken with the Minnesota Department of Transportation regarding the three-inch drop in the road. At night he can hear trucks banging because of this drop, and this has been going on for a long time. He asked if the City Council would write to the Minnesota Department of Transportation to have this drop fixed. Additionally, a barrier should be constructed along the west side of US Highway 10 to block the noise of traffic. Mr. Johnson expressed his preference for entrances to Highway 10 be along the TCAAP property. He opposes the options being presented, as they would displace homes. Ms. Becky Olson stated that she was agitated by the casual way in which it was said that homes would be displaced. She expressed her agreement with Mr. Johnson that, with all the property along the edge of the TCAAP area, which is open with no buildings, there would be no reason to displace homeowners in order to construct a frontage road. Mayor Probst stated that one issue with trying to utilize the TCAAP property is the geometries of US Highway 10 and how the intersection ofI-35W connects with US Highway 10. Mr. Tolaas stated that there would be a number of considerations for realigning US Highway 10, He noted that the Minnesota Department of Transportation is not proposing to reconstruct US Highway 10 at this point. With regard to the use ofthe TCAAP property, Mr. Tolaas indicated that it might be a number of years before this land would be available, When considering the future, it is likely that there would be major construction along US Highway 10 from the intersection at Highway 96 to 1- 35W, along both sides of the highway. At this time, if the County were to attempt to realign US Highway 10, it would not receive funding support from the Minnesota Department of Transportation, as this would not be seen as a necessary expenditure. ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 Db Mr. Tolaas noted that Ramsey County began the Highway 96 design process with a concept Of:: 4J:'~ at-grade intersection at US Highway 10 and Highway 96. Because of existing and anticipated . significant growth of traffic volumes, Ramsey County felt that the intersection would reach a level service F, which relates to high levels of traffic with stop and go movement. An at-grade intersection could still be built; however, it may not be the right solution to invest a great deal of money into. Mr. Tolaas suggested that, if it takes the TCAAP site to develop in order to gain support of the broader improvements, this would be an option. Mayor Probst stated that another issue related to this discussion is the City of Arden Hills and Ramsey County's ability to complete the reconstruction of Highway 96, It was his understanding that the Mirmesota Department of Transportation would not allow the 1-35W bridge work to commence until this issue is resolved. Mr. Tolaas stated that, when Ramsey County originally proposed an at-grade intersection, there had been minor bridge widening proposed at 1-35W. When considering capacity issues and how to improve them, in order to get support of an improved interchange at 1-35W, the Minnesota Department of Transportation felt that the intersection of US Highway 10 and Highway 96 was an integral part of the whole issue. If Ramsey County strongly supported an at-grade intersection, minor changes could be made to the bridge at 1-35W; however, this would only be a temporary solution. Ramsey County is trying to focus on the long-term results and if, when the TCAAP site is ready for development, the City is not in the position to create an interchange at that point, it could have a serious impact on how a. quickly the TCAAP site could be developed. _ With regard to the neighborhood concerns for the future of their homes, Councilmember Larson asked if the original proposal, approved by the City Council, would have required the acquisition of any properties. Mr. Tolaas stated that it would not require the displacement of private homes. However, the mobile homes within the park itself would be affected, Approximately seven to 10 mobile homes would be displaced. He extended his apology to Ms. Olson for the use of the term displacement, however, he did not mean to use the term casually. He noted that there is a program, which is very fair in assisting displaced homeowners in finding new homes. Councilmember Larson confirmed that, in comparing the two options, the new option proposed this evening would call for the removal of private homes. Mr, Tolaas concurred. Mr. Rex Markle, 1859 Todd Drive, Arden Manor Mobile Home Park, asked if there would be any northbound access to US Highway 10 near the Big 10 bar. Mr. Tolaas stated that there would not be an access to northbound US Highway lOin that area. Mr. Markle asked if there would be access to the Mobile Home Park from US Highway 10. Mr. Tolaas stated that there would be access from the frontage road. He indicated that the only access point onto US Highway 10 would be at the Scherer Lumber entrance, which exists today. This access would be configured in such a way that northbound traffic on US Highway 10 could enter the frontage road at Scherer Lumber and travel south on the frontage road to Highway 96. e . . . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 D'A1iJ;7 ;1 Mr. Markle sought confirmation that the only way to access US Highway 10 from the Arden ~ .f(,'if:'r Manor Mobile Home Park would be from I-35W. Mr. Tolaas stated that this was correct. Mr. Glen Beggin, 4519 Lakeshore Place, stated that it was not clear in his mind what would happen to the traffic, which comes from Shoreview, and the rest of Arden Hills, to Mounds View High School and how the students will be affected. Currently the students pass by his house on their way to schooL The construction period would affect him as well as high school student traffic. Mr. Beggin stated that he was worried about other effects such as the noise generated by the proposed elevated road, which could reduce property values. At this time there are seven homes at the southwest corner of US Highway 10 and Lakeshore Place which have a barrier of trees, which somewhat protected the homes when US Highway 10 was last upgraded. Additionally, the increase in pavement due to these upgrades have impacted ground drainage across his property and, at times, his home. At this time there are three water mains which are directly in front of his home, next to his driveway, which have been worked on recently. Mr. Beggin indicated that one reason he bought his home was the easy access to the freeways, It seems to him that, with this proposal, his access will be limited. Additionally, there was no information whether Old Highway 10 will meet up with Highway 96. Mayor Probst stated that both proposals illustrate the connection with Old Highway 10 to Highway 96 unchanged, which is essentially the only thing, which would remain unchanged, With the original proposal approved by the City Council, the connections from northbound US Highway 10 to eastbound Highway 96 are lost, as well as the connections from eastbound Highway 96 to southbound US Highway 10, Movements to Highway 96 from southbound US Highway 10 would be preserved. With the new proposal made this evening, all of those connections are lost, with the exception ofthe connection to Scherer Lumber to the north, and maintains the northerly egress to the Arden Manor Mobile Home Park. Councilmember Malone stated that this entire process is frustrating. The City of Arden Hills had originally planned an at-grade intersection in 1996. Since then, the Minnesota Department of Transportation has gotten involved and is suggesting a plan with no connections. This would cause problems by cutting off needed circulation in the area, as well as negatively impacting the residents. With the new proposal, land would be set aside for an intersection to allow CroSS traffic at US Highway 10 and Highway 96 at some time in the future. Councilmember Malone expressed concern for the short term, as this would be a temporary solution, There is no assurance that this future intersection would be constructed, The City of Arden Hills is being asked to make some significant trade-offs with a vague promise from the Minnesota Department of Transportation that someday the area will be fixed, The City of Arden Hills has been let down before by these sort of vague promises, such as the reconstruction of Highway 96. At this point there are no plans in the State's Transportation Improvement Program for these improvements. ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 l~'f'08 '".,:"~'~>' ,,:;:1 ..... ,\ ,(1-,;.,1 1,"'" Councilmember Malone stated he would prefer to look into the practicality of an intersection at 'ii.1'-~. grade. Without anything in writing, he would be reluctant to allow construction which would seriously impact the City, with only a vague promise that the situation will be fixed sometime in the future, Councilmember Aplikowski stated that this process was frustrated her too and she had been happier with the original plan approved by the City Council. With regard to the displacement of homes, she suggested that perhaps these homeowners may be impacted in the future by more noise and may be relieved that they were relocated. She indicated that she was inclined to do nothing with this intersection until the TCAAP area develops. Mayor Probst asked Mr. Tolaas what he thought would happen if the City chose to go back to the original plan with an at-grade intersection. Mr. Tolaas stated that, considering the length oftime this project has been discussed, and the strong interest the State has in a grade separation at the intersection, he was not sure how the Minnesota Department of Transportation would respond. However, it is within the rights of the City to make this request. He noted that it would be a short-term solution, which would require major alterations once the TCAAP site is available. Additionally, there may be a funding issue, as the Minnesota Department of Transportation would not support this scenario. Mayor Probst asked if the turnback money would still be available. Mr. Tolaas stated that the turnback money is available, however it would be looked at with stronger scrutiny than with previous work. Tumback funds are generally used to restore roadways and the State would be a e harsher critic of an at-grade intersection and the widening ofthe bridge at 1-35W, The Minnesota Department of Transportation is convinced that the City would be left with a level of service, which would be unacceptable to everyone. The State is anticipating a significant increase in traffic in the area and if the City of Arden Hills wants to utilize State funds, it should work with the State, Mayor Probst stated that he was not inclined to provide direction this evening, as he would prefer more time to think about the situation. He indicated that the greater harm to the residents of the Arden Manor Mobile Home Park is not coming to closure with what will happen to their homes. At this time there are six more residents who would lose their homes than with the original proposal. These residents also deserve more time to think about this prospect. He suggested that the residents contact Ramsey County if they want additional information. Councilmember Aplikowski asked, if a person traveling north on US Highway 10 had business on Highway 96 to the east, how would they access this area with the new proposal. Mr. Tolaas stated that the person would not use Highway 10. Access to Highway 96 could be made either from Lexington Avenue or I-35W, This does indicate the need for better access at I-35W and Highway 96. Councilmember Larson confirmed that all the ramps at I-35W would be metered. Mr. Tolaas stated that this was correct. Councilmember Larson stated that, if a person traveling west on . Highway 96 wanted to access northbound US Highway 10, they would be forced to utilize 1-35W and wait at a metered ramp. Mr. Tolaas stated that this was correct. . . . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 "',~ $'Q /i"o 7J>, OJ-''', Councilmember Larson asked what the cost differences were between the two proposals. Mr. To1aas stated that the proposal with the ramps would be much more expensive. Councilmember Larson asked how much more the ramp proposal would cost. Mr. Tolaas stated that the ramps themselves cost approximately one-quarter of a million dollars each. Additionally, the north ramp would need to acquire TCAAP property and could cause a major delay in the completion of the project. Mr. To1aas noted that the staging of either of the proposals would be challenging because of the traffic. The construction will require by-pass lanes and temporarily signalized intersections, which can be very costly. Councilmember Larson asked Mr. Tolaas to explain what the noise level impacts would be to the residents in the area west of US Highway 10. Mr. Tolaas explained that the grade separation at US Highway 10 would be achieved by Highway 96 being under US Highway 10, The profile leading to and from the bridge would be approximately the same, Therefore, aside from normal traffic growth, which will occur with or without this effort, the Mobile Home Park residents experience would be about the same. With regard to ramps, the ramp areas would be closer and would generate more traffic, which would otherwise be directed over to 1-35W. Cutting off the connection would reduce the number of vehicles on Highway 96. Mr. Tolaas noted that, with the expected increase in traffic over time, this area might not be attractive for residential use. Councilmember Larson asked, if there is a choice to move forward with the proposal with ramps, would there also be impacts that would be eliminated with the reduction of stop and go traffic noises. Mr. Tolaas noted that there would still be noise from traffic traveling at a high rate of speed. With regard to the second option presented this evening, Councilmember Larson asked what dictated the location of the future intersection to the north, which was shown in gray on the map. Mr. Tolaas stated that this area was shown on the map simply as a general vicinity. The location of this intersection will depend upon land use. He noted that there couldn't be two intersections so close to each other. Therefore, if the intersection at Highway 96 were constructed with ramps, the ramps would have to be removed in order to construct the new intersection to the north. Councilmember Larson noted that this would be assuming that the proposed new intersection would be located at the site shown on the map. He indicated that there is nine-tenths of a mile between the intersection and the off-ramp from US Highway 10 to 1-35W. Therefore, there is quite a bit of room to allow an access at the TCAAP property. Mr. T olaas stated that the Minnesota Department of Transportation would oppose this idea since the State is very protective about how far apart interchanges are. With the high speed of traffic, the State would want any connections to US Highway 10 as far apart as possible. The Minnesota Department of Transportation prefers two miles between interchanges. Councilmember Larson stated that he would still prefer the original proposal. This proposal would eliminate the need to acquire property and displace homeowners. Councilmember Aplikowski asked ifthe City has the option to choose the original proposal. Mr. Tolaas stated that the Minnesota Department of Transportation's position was that they would reluctantly ARDEN HILLS CITY COUNCIL - JUNE 28, I 999 lJ~'Q) /' _ "" ~J ~{,; J:.. <6...,.:,' /.-.:.-"',<, accept this option. They would want to put into writing that, if some of their fears for safety due .,~ J''''....... to weaving patterns arise, they would eliminate all local accesses from or onto US Highway 10. . Councilmember Larson asked what local accesses Mr. Tolaas was referring to. Mr. Tolaas stated that he was referring to the opening to Scherer Lumber and the Big IOSupper Club, Councilmember Larson noted that these accesses would be closed off with the new proposal. Mr. Tolaas stated that the only access, which would remain, was the access for Scherer Lumber. He noted, however, that the loss of access would be made up by the construction of a frontage road, Councilmember Malone expressed his belief that the City of Arden Hills is being held to a higher standard by the Minnesota Department of Transportation than other cities. There is pressure being put on the City for long-term vision, which is not being put on other cities, and it appears as though other communities are allowed to follow different rules. With regard to the spacing of interchanges, Councilmember Malone stated that the high level of traffic, which would be dumped onto Highway 694, with the proposed upgrades, would be too close to Lexington A venue, It seems to him that if it is convenient for the Minnesota Department of Transportation to not pay attention to the rules, it is acceptable. However, Arden Hills is expected to have long-term vision. He expressed his belief that the State should create a super- interchange at I-35W and Highway 694 and leave US Highway 10 as a local access. Councilmember Malone stated that he understands the need for vision. He would be less e reluctant if there was a good plan, if the City of Arden Hills was treated the same as other communities and if the Minnesota Department of Transportation were willing to provide a long- term commitment for future construction. He noted that if this issue is not resolved, the Highway 96 improvements may not be accomplished since the turnback funds may not be applied. Councilmember Malone stated that the Arden Hills taxpayers pay a great deal of State Tax and get very little back in return. Mr. Johnson noted that if the new proposal were approved, it would make it difficult for fire trucks to access the Arden Manor Mobile Home Park. With regard to the maintenance of the frontage road, Mr. Fritsinger asked Mr. Tolaas how the ownership and future maintenance responsibilities of the different configurations would take place. Mr. Tolaas stated that the frontage road would be a municipal access road. With regard to Councilmember Malone's concerns, Mr. Tolaas stated that he had not intended to suggest that the turn-back funds would not be available for the Highway 96 reconstruction, He indicated that there are certain types of features which the State feels are not meeting the standards. Councilmember Malone stated that when he sees money being spent on projects which are poorly designed, such as WisPark in Shoreview, he feels as though the City of Arden e Hills is being held to a different standard. . . . ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 If'>, ,"L1J'/', ">-,~ j,\".) ."'1' Mayor Probst stated that the City Council would not be taking action on this issue this evening, He indicated that the City will have to take some position as a community in the near future and the City will keep the residents informed as the process moves forward, Councilmember Rem asked if it would be possible to have the Minnesota Department of Transportation represented the next time this issue is discussed at a Council meeting, Mayor Probst stated that a State representative would most likely attend a meeting if asked to do so. Councilmember Aplikowski asked that those residents present at the meeting take the time to think about this issue and let the City know how they feel, particularly those residents whose homes would be eventually moved, APPROVAL OF MINUTES A. June 14, 1999 Regular Council Meeting B. June 21, 1999 Council Worksession MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the meeting minutes ofthe June 14, 1999 Regular Council Meeting, and the June 21, 1999 Council Worksession, as submitted. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Business License Application MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. Mr. Frank Rekuski, 3170 Hamline Avenue, wished to address the Council regarding the Josephine East, LLC development in the Shoreline Lane area. He indicated that he had received a letter from the City staff and be wished to clarify a few items. He had hoped to have the developer's agreement ready for this evening's meeting, however, he did not receive the agreement until this evening, Mr. Rekuski stated that, upon the approval of the plat for this development, the construction of the two front lots has begun. The two rear lots were to be held until the access situation is resolved. He had received a copy of the minutes from the City Council meeting and he was concerned that the minutes did not reflect what he had understood, The minutes indicated that, (). >" .'....."".',.'" . 61 ,:" .:.~ "':4Jt2::J,,,~ , t ~1:;3 /?i:w 1" r with regard to the two rear lots being held until the access situation is resolved, this must be ~q'" ~ rectified within 24 months. To him this meant that, if the situation is not rectified within 24 . months he would have to walk away from the two lots and he was not willing to do this, He hoped that the wording could be changed to say that, if the situation were not resolved within 20 months, he would have to come back to the City Council in order to strive for a solution. ARDEN HILLS CITY COUNCIL - JUNE 28,1999 Mr. Rekuski stated that he has worked with the two neighbors for three weeks and has still not come to an agreement with them. He indicated that the neighbor to the east, Ms. Rushenburg, is very upset with the City Council. He believes that the only way to ease her mind would be if the City Council spoke with her and explain that she would not be losing anything by allowing the needed easement, It was his understanding that Ms. Rushenburg is concerned that, if she gives up the easement, she will be left with a non-conforming lot Mayor Probst stated that if there were a request from Ms, Rushenburg to clarify what an easement means, the City would certainly be willing to do this. Mr. Rekuski stated that he had spoken with staff and received clarification of easements. He had attempted to explain this to Ms. Rushenburg; however, she is still very uncomfortable. He suggested that he bring Ms. Rushenburg to the City staff in order for them to sit down and explain the situation to her. Mayor Probst stated that if Ms. Rushenburg has questions, the City staff would provide answers, Mr. Fritsinger stated that one issue from the staff's point of view was that, it is one thing for staff to answer questions with regard to Code requirements and expectations of the City. However, staff is trying to avoid having to negotiate what had become a part of Mr. Rekuski' s development . process. Councilmember Malone stated that the condition for approval of the plat was correct as it appears in the minutes. The intent of the City Council was to find a way to approve the plat and the problem was that there were two westerly lots that, in order for them to actually be lots, they had to have public access. The easterly lots were acceptable because they have public right-of- way access. The condition for approval was to allow two years to settle the access issue. If, after the two years, the access situation were not resolved, the plat approval would become null. Mr. Rekuski stated that the four lots could have access to Lexington Avenue at this time. He had wanted to eliminate this access due to the agreement with Mr. Bachman for access to the cul-de- sac. Councilmember Malone reiterated that the City Council couldn't automatically approve a plat that includes two lots without access. Mayor Probst stated that the City Council would not have approved the four lots if the current access situation were permanent The Council has given approval for the four-lot configuration under the assumption that the final platting process would be expedited. The two-year time frame was intended to ensure action was taken to rectify the access situation. Mayor Probst stated that the minutes of the meeting were accurate. Mr, Rekuski stated that the City is asking for something he has no control over. Councilmember Malone expressed his understanding of Mr. Rekuski's predicament He pointed out, however, that the only alternative would have been . to deny the plat e e . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 13' Ms. Diane Rushenburg, 3168 Shoreline Lane, stated that she has made a few calls to the City in ordcr to gain an understanding of the easement and find out what her options are. She indicated that she is not trying to hold up the development and she is not being unrealistic. She felt that she would be foolish to sign an agreement allowing access across her property without having a full understanding of the situation and what her options are. ,'j ~"i J>.. :-;:; .-,': '4"'- . , Ms. Jody Hilgers, 1532 Briarknoll Drive, stated that she came to the meeting to hear the proposal regarding the US Highway 10 and Highway 96 intersection. She indicated that she lives at the southeast portion of this intersection and she was interested in the Council's strategy on how the Minnesota Department of Transportation' s objective to handle the traffic volume on US Highway 10 will affect the neighboring residential properties. Ms. Hilgers agreed with Councilmember Malone's comment that perhaps the City should be challenging the Minnesota Department of Transportation to do something to improve the interchange at Highway 694 and 135- W, She was concerned by the comments that the Minnesota Department of Transportation plans to do something with the Highway 694 and US Highway 10 interchange, however, no one really knows what these plans are. Consideration should be given to how much money the Minnesota Department of Transportation plans to spend on the Highway 694 and US Highway 10 interchange, the Highway 96 and US Highway 10 interchange, and the Highway 96 and 135-W interchange. The City should take a look at why it would want to encourage continued volumes of traffic through residential Arden Hills, which would decrease property values, rather than challenging the Minnesota Department of Transportation to improve the Highway 694 and 135- W interchange. Mayor Probst stated that this is what the City has been attempting to do. Within the Transportation Improvement Program, there is a process by which projects must get into this program in order to be funded and scheduled for construction. The latest document indicates that the first work scheduled for the Arden Hills area is the Highway 694 overlay. All other projects are more than 10 years out The City has challenged the Minnesota Department of Transportation to give the City some options; however, the Minnesota Department of Transportation has not looked at this situation in this level of detail. The City took on some advanced engineering work to try to understand what could happen. Mayor Probst stated that there is a lot more work which needs to be done, however, the City is not convinced at this time that it wants to spend General Fund dollars for these projects, One other vehicle which may provide help to the City of Arden Hills is the I-35W Corridor Coalition which is currently looking at I-35W and its related transportation issues, Mayor Probst stated that the people who are in the most difficult position at this time are those residents in the Mobile Home Park who were told two years ago that they may lose their homes. Councilmember Malone offered to provide Ms. Hilgers with a copy ofthe Transportation Improvement Program for her to review, He noted that the problem with this program is that, according to Federal regulations, the State cannot plan more than three years out Since the improvements in Arden Hills are beyond this limit, there is no formal plan for these projects. He ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 A .I' 1.1~". .0" '.: ,';"'t-."" also pointed out that the Regional Blueprint calls for containing growth and moving towards mass transit, not enlarging freeways, ;~' ,/i"'} ~"' ...c!':'- 'I ro "'~'I. UNFINISHED AND NEW BUSINESS B. Arden Manor Park Project .Mr. Fritsinger explained that the discussion to improve the Arden Manor Park has been ongoing for several months. The Parks and Recreation Committee has spent a good portion of the last six to eight months looking at the whole program for Arden Manor, including two items which were a part of this year's Capital Improvement Program, the playstructure and the basketball court. The Parks and Recreation Committee met with residents of Arden Manor Mobile Home Park on March 16, 1999, to discuss the potential redevelopment of the park. Prior to this meeting, staff had sent surveys to each resident of the Mobile Home Park, soliciting input into the possible features of the redeveloped park. .Mr. Fritsinger presented drawings depicting the current layout ofthe park. He indicated that the Parks and Recreation Committee Commission looked into the feasibility of an overall redevelopment. The Committee members discussed adding trails around the play area, moving the playstructure, and generally improving the overall site. This concept had a number of concerns, particularly with the trail area. There is an ongoing drainage problem within the park and constructing a trail around the perimeter of the park would present additional drainage e problems. For these reasons, the Committee moved away from this concept and focused on the items, which are components of the Capital Improvement Program for this year. As the Committee looked into the options for the younger children and spoke with the residents, the real need, which came up, was to provide an enhanced playstructure and a basketball court for the older children, A third item, which came up, was the picnic shelter. The picnic shelter is currently located to the far north, adjacent to the pond. With the redesign, it was felt that moving the picnic shelter in greater proximity to the other activities taking place would enhance its usability by the residents. The one constant related to this redevelopment which has been a subject of discussion over the last six years has been the issue of drainage, The storm water improvement being suggested is an enhanced drainage swale that would carry the water to the existing outlet pipe. Last year, the park owner had been granted City approval to construct a garage in the parking lot. One problem that did not come up when this approval had been granted was the fact that it limited the City's ability to enter the park with maintenance equipment, Additionally, the City could not maintain a skating rink in the park this past winter, for the first time, because it could not access the site to flood the rink, The redevelopment of the park would also include an improved access, not only to the general area of the improvements being proposed, but also allowing access to the rest of the park to perform general maintenance. . e e e ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 ,/", '15" -'C, -~:: } /,f'r~ ~-4;~ii"~t The total estimated cost for the park redevelopment would be $125,640. This amount is fairly significant compared to what was projected in the Capital Improvement Program this year. The projected cost to replace the playstructure and basketball court was approximately $55,000. With regard to the condition of the park itself, Mr. Fritsinger stated that the various structures are in need of repair or replacement. The primary cause for the condition of the facilities is the poor quality of the soil present in the park. The park structures experience a great deal of heaving during the spring thaw. In addition, the ongoing drainage problems have also caused damage to the facilities, One question which the Parks and Recreation Committee, as well as the City Council, has struggled with is what would be the long-term nature of any improvements that the City puts into the park. The City has an easement for the area; however, it does not own the land on which the park is located. When Arden Manor Mobile Home Park was platted, the City Council at the time made the decision that, to satisfY park dedication, an easement would be sufficient. Along with this there were some improvements that the owner ofthe Mobile Home Park was required to make in the playground area. It does appear that this was accomplished to the satisfaction of both the City and the owner. As long as the Arden Manor Mobile Home Park exists, the City will be responsible for maintaining the park structures easement. The City does not have any storm water easements within the Mobile Home Park. As a result, the City has no legal responsibility for the drainage improvements proposed as part of this project. The City has attempted, for many years, to encourage the property owner to improve the drainage problems that exist in the park. The owner has been reluctant to undertake the level of drainage improvements suggested by the City. However, eventually, the Park owner did improve the drainage swale around the tennis and basketball courts, but did not undertake any of the other improvements previously suggested by the City. The Parks and Recreation Committee tried to consider what the overall benefit of improvements to the park would be to the community and believe that the City's investment in the park is not only good for the Mobile Home Park community, but also good for the City as welL Continuing to put off the redevelopment would not be in the best interest of the community. The City recently completed a drainage report that identified all of the areas within the City that had a need for drainage improvements. This area was rated high in terms of the need for improvements in the area of$25,000. These improvements could be paid for out ofthe SWM Fund. The remainder of the costs would primarily be funded out of the Park Fund. The current balance of the Park Fund is approximately $460,000. A few years ago, the City Council had challenged the Parks and Recreation Committee Commission to look at the type of projects available within the community and to prioritize these projects for utilization of the Park Fund balance, The Parks and Recreation Committee felt that this project was a high priority. ARDEN HILLS CITY COUNCIL - JUNE 28,1999 !+, 1/ ....';'.<'." . 16 \ One other option available for funding may be through the use of an assessment to the property owner. Under the Arden Hills Assessment Policy, the City has the authority to assess for this type of improvement project "~i Using the recently acquired socio-ecomomic data, the City has been able to map out the total number and age of children currently residing in the Mobile Home Park. This data shows that the park has the largest concentration of children within the City. The improvements would be geared for those children. Mr. Fritsinger stated that in looking at the Capital Improvement Program document and the notes related to the improvements to both the playstructure and basketball court, there might not have been much consideration given to improving the sub-base below those two facilities, Based on the cost of simply installing the playstructures with woodchips and concrete for the basketball court, it seems to be comparable to just installing the facilities without making improvements to minimize heaving. In working with the City Engineer, staff has included these types of site preparation improvements, which have been added to the cost of the project Mr. Fritsinger advised that the Parks and Recreation Committee recommended to the Arden Hills City Council that the following improvements be made to Arden Manor Park: . Replacement of playstructure . Construction of new full-size basketball court . Completion of correction drainage improvements . Completion of soil correction/sub-base work . Relocation of existing picnic shelter e If the City Council supports this recommendation, it should move to direct the City Engineer to prepare the necessary plans and specifications for the project and to work with the property owner to obtain approval for the improved park service drive. Mr, Fritsinger indicated that members of the Parks and Recreation Committee were present at the meeting to speak to the importance of proceeding with this park redevelopment project. Mr. Don Messerly, Chairman of the Parks and Recreation Committee, stated that this project has been a priority of the Committee over the last six to nine years. Thanks to the hard work by the City Administrator in assisting the Committee, the Commission finally has a proposal for consideration by the City Council. He indicated that it is a perplexing subject that the Arden Manor Park is private land and any improvements made by the City will benefit the owner of the Park. However, the children living at the Mobile Home Park have nothing in the way of recreational facilities. The closest parks are the Valentine Park and Royal Oaks Park. Therefore, even though the improvements would benefit the Park owner, the project would be done for the children who really need it Mayor Probst stated that there was no question of the appropriateness of trying to improve the facilities at Arden Manor Park. He expressed his frustration that a more enlightened property owner would be leaping at the opportunity to participate in the improvements, Unfortunately, . . . . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 17 ;','-, the City's history with the current property owner has not been good. Mayor Probst stated that his position is that the City should try to find a way to proceed. However, he was not prepared for the City to take on the entire cost of the project. He believed that the City should consider assessing a portion of the improvements back to the property owner. His only concern of taking this action would be that the cost would be rolled back to the residents by way oflot rent increases, Unless the property owner was willing to give title of the park area to the City, the owner has an obligation to see to it that these improvements are made, ",. Councilmember Malone concurred with the Mayor's statements. He believed that the soil corrections and drainage improvements should be assessed back to the property owner and the City would pay for the playstructure, the basketball court and the movement of the picnic shelter. When the Mobile Home Park was first approved, there was a need for open space and the property owner agreed to provide this space. However, the property owner has not lived up to his part of the agreement. He noted that the Arden Manor Mobile Home Park is private property and he does have a problem with expending public money on private property. Councilmember Larson expressed his beliefthat, although it is uncertain as to whether or not the City can ask, or force the owner of the Park to pay an assessment, this should not stand in the way of making the needed improvements, Although he supports the idea of the Park owner sharing in the cost for improvements, he would hate to see the improvements delayed any longer than they already have been. There is a strong need to provide improvements for the residents of the Mobile Home Park. Council member Larson stated that he supported the proposal as well as having the property owner pay for the drainage improvements and the soil corrections, Mayor Probst stated that the action requested of the City Council was to direct the City Engineer to prepare the necessary plans and specifications for the project. Additionally, there would be the bid request and award process, Therefore, there would be time for the City staff to research the feasibility of assessing the property owner for some of the improvements. Councilmember Aplikowski asked how many children live in the Mobile Home Park Mr. Messerly stated that there are 77 children between the ages of three to 12, and 48 children between the ages of 12 to 17. Council member Aplikowski asked what the residents are paying for lot rent at this time. Mr. Aaron Fredericks, 1914 Todd Court, resident of the Arden Manor Mobile Home Park, stated that the lot rent varies depending upon the lot, and it ranges from approximately $280 to $300 per month. Being an owner of a Mobile Home Park, Councilmember Aplikowski stated that she would resist being told that she must expend money, However, she could not see the City putting any money into the project until the soil corrections and drainage improvements are made. If the City is going to install a new playstructure, the ground must be ready to accept it. If an assessment is required to accomplish this, then so be it. She would hate to see the property owner not fulfill his end of the bargain. ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 ~(t':l /' . 'I. ,/ Mayor Probst stated that the City Council had the option to move forward with the project and ., ..fi"%A.. deal with the assessment later. He noted that ifthe property no longer contained a Mobile Home .. Park, the drainage improvements would remain with the property. He suggested an amendment be made to the staffs recommended motion to include research into assessing the drainage improvements and the soil corrections. Mr. Fredericks stated that when he comes home from work there are always children playing in the street. He understands that this is part of being a child and there really is no place else for them to play. He has lived at the Arden Manor Mobile Home Park for approximately two years and he had noticed the poor condition of the ground at the park area. He agreed with Councilmember Aplikowski in that the ground should be made suitable before attempting to install new facilities. He also agreed that the drainage issue must be addressed prior to any improvements as well. Although having the owner pay for some of the improvements may effect his lot rent, Mr. Fredericks felt that it would not be too much to ask for the property owner to pay, It was his understanding that the park is private property and, although the owner has given the City the right to build on the land, the owner should be responsible for at least some of the costs. Mr. Fredericks stated that he has two young children and he would like for them to have a nice place to play in order to keep them out ofthe street. Even though the speed limit in the Mobile Home Park is posted 10 miles per hour, it is likely that an accident will occur. . Councilmember Aplikowski cautioned Mr. Fredericks that, no matter what is done is to the park; the children will still play in the street. MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to accept the recommendation made by the Parks and Recreation Committee and to direct the City Engineer to prepare the necessary plans and specifications for the Arden Manor Park project and to work with the property owner to obtain approval for the improved park service drive, and for staffto lay the ground work to assess the property owner for the portion of the costs related to the soil corrections and drainage improvements, The motion carried unanimously (5-0). A. Municipal Code Codification, Chapters 1 through 4 Mr. Fritsinger explained that the City Council was being asked to review the proposed changes to the Municipal Code, Chapters 1 through 4. Staffwill be forwarding this information to the League of Minnesota Cities who will then prepare a final draft for adoption by the City Council. With regard to page 1-8, Section 110.03, subparagraph 1, Mayor Probst assumed that the note portion, which discusses making the language gender neutral, would be removed. He asked if staff required anything further from the Council to address this concern. Mr. Fritsinger stated that nothing further is needed from the Council. He indicated that this would be an issue, which . he will take up with the League of Minnesota Cities to ensure the language being used is proper. There are still several spots within the Ordinance which use terms such as City Clerk, Clerk, City e . e ARDEN HILLS CITY COUNCIL - JUNE 28,1999 ~~" / '19\ Administer and Administer, and these terms have not all been caught. These need to be made consistent according to the type of organization the City is, '4ff~/"rh Councilmember Malone asked Mr. Fritsinger ifhis official title is Clerk Administrator. Mr. Fritsinger stated that this was his official title, He noted that the League of Minnesota Cities has indicated that it technically does not matter what title is used for his position, so long as it is consistent. Mayor Probst stated that he would prefer that the Ordinance use the title Administrator for Mr. Fritsinger's position. Mr. Fritsinger stated that this title is what has been used in the past, however, there are still places within the Ordinance where other titles have been used. With regard to page 1-9, subparagraph 4, Mayor Probst noted that this section refers to other agencies of the City. He wondered if the Code should specifically cover the share of the Lake Johanna Volunteer Fire Department, or should the section be left as is since it will be brought up in later chapters. Mr. Fritsinger stated that including the Fire Department was not necessary, He indicated that the League of Minnesota Cities has addressed a number of places where it states, "or other agencies as appointed by the City" and this covers the Fire Department. On page 1-9, subparagraph 5, Mayor Probst noted that the word "May" should be lower case. He also noted that on page 1-13, Section 120.04 does not make sense. He felt that something must have been missing in this sentence, Councilmember Malone stated that the words "shall continue" should be removed. On page 1-14, Mayor Probst noted that this final section identifies who is eligible to serve summons and he asked if the list should include the Police or Sheriff Department. Councilmember Larson stated that there really is no reason to list the Police or Sheriff Department. Councilmember Larson stated that, on page 1-5, subparagraph 12, the definition of "Pathway" and "Pedestrian way" is somewhat confusing. He suggested using the more commonly accepted term "trail." He noted that when the Code was originally written, pedestrians used trails almost exclusively. He also noted that the end of the subparagraph states "for the principal use of pedestrians." He felt that this should be changed to include other methods of non-motorized transportation. Mr. Fritsinger stated that there is a slight difference between these definitions and the definitions in the Zoning Ordinance. Mayor Probst asked ifthere was any reason not to make the definitions common in the Code and the Zoning Ordinance. Mr. Fritsinger stated that there was no reason for the definitions not to be the same. Councilmember Larson asked whether the Code or the Zoning Ordinance is amended more often, Mr. Fritsinger stated that, although neither one is amended very often, the Zoning Ordinance is amended more often. ARDEN HILLS CITY COUNCIL - JUNE 28,1999 1'\ ("/;i;~~" :~ (},;') E.' ~ -t-,~,..!, F "t< W/'~. Councilmember Larson stated that on page 2-1, Section 200.02, second sentence, the word "formal" should be changed to "form." He noted that on the same page, in subparagraph 2, it states, "The absentee ballot precinct shall be the precinct in which the City Hall of the City serves as the polling place for such precinct." He asked if this should state "in which the City Hall of the City is located..." He felt that the way the sentence is written it implies that there would always be a precinct polling place at the City Hall. . Mr. Fritsinger stated that at the last election, Ms. Stowell and he were the absentee election judges and they did all the counting at the City Hall. When the City Hall was moved, it was no longer the polling place for the City, however, the City Hall did still maintain the absentee voting. With the new City Hall, the assumption is that the City Hall will once again be the polling place. Councilmember Larson stated that the reason he had suggested changing the wording was so it would not force the City into a situation where the City Hall must be the location for the absentee ballot precinct. He stated that he had the same concern with regard to subparagraph 3 on page 2- 2. Councilmember Larson suggested that on page 2-8, Section 220.01, subparagraph 1, the statement, "or other body of the City" should be added. Since the City is establishing new Task Forces at this time, and there may be the need to establish other such bodies, this change would apply to these other groups. He suggested the same addition be made in subparagraphs 2 and 3 . of the same Section after the word "commission." Councilmember Larson stated that on page 2-10, subparagraph 2 refers to the human rights commission and suggested that this entire section should be removed. Mr. Fritsinger stated that the City Council had already taken action to remove this section of the Code. Councilmember Larson stated that on page 2-14, subparagraph 5, he could not imagine what "other officers" would need to be appointed to the Planning Commission. He suggested that this language be removed. Mr. Fritsinger agreed. Councilmember Malone stated that it might best to leave this language in since it preserves the ability of the Planning Commission to appoint an additional officer if necessary. Councilmember Larson stated that on page 2-16, paragraph 6 creates an appeal process, which seems to be very different from any other type of appeal that can be taken, This appeal process goes around the City Council and allows the Planning Commission to make the final decision. He asked why this is. Mr. Fritsinger stated that the final appeal always goes to the City Council. He noted that the language in the section might be related to the old Board of Appeals. He suggested deleting the entire paragraph. On page 2-21, Section 230 - Civil Defense, Councilrnember Larson stated that the note indicates that the City may have forfeited its power to the County since committees have never been established, He suggested that, rather than having all the boiler plate information included in the . Code, which is geared more toward a war-fare situation than natural disaster, it should simply authorize the Council to prepare a plan, as has been done, and refer to this plan. e . e .;''-" ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 21 ""> , -;')- <i;,: I' Mr. Fritsinger agreed and noted that, with the adoption of the Emergency Management Plan, Section 230 will be eliminated and the Plan will become an Appendix to the Code. Councilmember Malone noted that on page 2-4, the first paragraph states "The first meeting of the year shall be held on the second day of January..." He suggested that this should read, "The first regular meeting..." Mr. Fritsinger agreed, Councilmember Malone stated that on page 2-18, subparagraph 10, the last sentence should be removed, On the same page, Section 220.05, the first sentence should state, "Fire Protection services mav be..." Not shall be. Mayor Probst stated that, on pages 2-1 and 2-3, Sections 200.01 and 210.01, it seemed strange for these sections to indicate that elections shall begin with the 1974 and 1986 elections. Mr. Fritsinger assumed that when this part of the Code was adopted it was prior to these dates. Mayor Probst asked that the dates be removed and the wording be changed appropriately. Councilmember Larson indicated that these Sections should state that the elections should be held every even numbered year, without a starting date. Mayor Probst asked if, on page 2-6, subparagraph 1, the word "seasonably" should be changed to "reasonably." Councilmember Malone stated that the term "seasonably" is the correct term, With regard to subparagraph 7 on page 2-6, Mayor Probst stated that he did not understand the last sentence, It did not make sense to him to state that a minority may adjourn from day to day to compel the attendance of absentees, Councilmember Malone noted that no one could compel someone to attend a meeting. Mr. Fritsinger noted that in another community the City Council took action to physically remove one of the members from the Council who did not attend the meetings on a regular basis. Councilmember Larson suggested that perhaps this subparagraph is indicating that there would be a minority since there is not enough Councilmembers to constitute a quorum. Therefore a minority can adjourn the meeting since a meeting cannot be held until there is a majority. Mayor Probst stated that he would prefer to have this subparagraph reworded. Councilmember Larson referred back to the Mayor's concern regarding the term "seasonably," He noted that this was an archaic term and suggested changing the word to "timely." With regard to the note in paragraph two on page 2-15, Mayor Probst asked where the number 45 days came from and if this should be adjusted. Mr. Fritsinger stated that the 45 days is consistent throughout the process. The note being referred to by the Mayor was regarding a question Mr. Fritsinger had asked related to the recent change to 60 days in which the City is responsible for addressing these issues. The League of Minnesota Cities had indicated that the 45 days was still acceptable. ARDEN HILLS CITY COUNCIL - JUNE 28,1999 22 With regard to the note in Section 300.08 on page 3-3, Councilmember Malone stated that since the City does not have a health officer, the Code should refer to the County Health Officer in all places. ..j~ '~. Mayor Probst asked Mr. Fritsinger to explain the notes on pages 3-6 and 3-7. Mr. Fritsinger stated that most of the notes were based on questions staff had for the League of Minnesota Cities, With regard to paragraph G on page 3-7, Mayor Probst noted that the City recently passed a new Tobacco Ordinance. With regard to the note in paragraph K on page 3-8, Councilmember Malone noted that the City has a Mining Ordinance and stated that the reference to an Excavating Contractor could be removed. Mr. Fritsinger agreed and noted that this reference had come from the re-write of the City's original set of Ordinances, however, he could not find an Excavating Contractor listed in the Code book. When he had asked the League of Minnesota Cities if this was something that should be added, they had responded by indicating that they did not know where this reference had come from either. Councilmember Larson stated that on page 3-4, in the middle of the first paragraph, it states, "...any officer or employee of the City..." It seemed to him that the City is often relying on other people to do some of the inspections which would otherwise be done by the City. He suggested that this statement indicate any officer of the City, or as otherwise appointed. Councilmember Larson stated that on page 3-5 there was no difference between paragraphs C and D. He felt that paragraph B covered the intent of paragraphs C and D. . On page 3-7, paragraph J, Councilmember Larson asked why heating, ventilating and air conditioning and gas installer businesses were singled out as opposed to any other business, Mr, Fritsinger stated that there is a different process required for the licensing of these items. Mayor Probst asked why General Contractors was not included in this section. He thought perhaps this was what paragraph K, Excavating contractor was referring to. Councilmember Malone asked if the City provides licensing to General Contractors. Mr. Fritsinger stated that the City does provide this licensing, He indicated that anyone who wants to do business within the community must be licensed, He agreed that General Contractors should be included in this section and he would speak with the League of Minnesota Cities on how to address this issue, Mayor Probst asked if, on pages 3-8 and 3-9, paragraphs P and T should be removed since these businesses have been zoned out of the City. Councilmember Larson asked ifit was likely that a taxicab business would be started in the City of Arden Hills. Mr. Fritsinger explained that other communities, such as Saint Louis Park, would license every taxicab that services the community. The City of Arden Hills does not do this. Mayor Probst stated that the City would not want to license taxicab services, as this would become a zoning issue. With regard to page 3-9, paragraph V, Mayor Probst asked what a Rap Parlor is, Mr. Fritsinger stated that a Rap Parlor falls into a similar category as a Massage Parlor. Councilmember Larson . noted that the term "Rap Parlor" comes from the 1960's and 1970's, Mayor Probst asked if the Adult Zoning Ordinance supersedes this section ofthe Code. Mr. Fritsinger stated that it does. e . . ARDEN HILLS CITY COUNCIL - JUNE 28,1999 23 With regard to the note on page 3-11, Councilmember Malone stated that it would be acceptable to provide for the penalty in the fee schedule adopted by reference. With regard to page 3-13, Section 320,09, subparagraph C, Councilmember Malone noted that licenses for garage sales are to ensure that these sales are not held everyday. Mr. Fritsinger indicated that he had asked what the rationale behind this license requirement was. It serves no practical purpose other than; there have been cases in other communities where residents try to have garage sales everyday, Staff had agreed to continue with this license requirement for the purpose of paper tracking, He noted that the City does not charge a fee for this license. Councilmember Larson asked if it might be better to simply include a statement, which limits the amount of time, a garage sale can go on, rather than licensing. Mr. Fritsinger stated that Section 320.11 does state how long and how many garage sales can be conducted by a homeowner within one year. Councilmember Larson asked if outdoor concerts should be included in the activity list on page 3-14. Mr. Fritsinger stated that, historically, the City Council has wanted to approve all events. Over time, some events were not ones, which have been forwarded to the CounciL He asked the Council how they felt about this. CounciImember Malone stated that the current process works well. Mr. Fritsinger stated that staff needs to figure out how to deal with the approvals of fIea markets and sidewalk sales. These types of sales do not occur often in the City of Arden Hills. However, at times at the Arden Plaza merchants will display items outside on the sidewalk. These activities have never been brought before the City Council for approval in the past. Mr. Fritsinger indicated that staff had interpreted this reference as a larger fIea market, which would be held in such a place as a hotel parking lot. Councilmember Larson expressed his belief that outdoor concerts should be included in the activity list. Mr. Fritsinger confirmed that outdoor concerts should be brought to the City Council for approval. Mayor Probst concurred. Mr. Fritsinger stated that there have been several road races held by the North Heights Lutheran Church. These activities have not historically been brought before the Council for approval either. Councilmember Larson stated that he would be willing to leave the granting of these permits up to the staff. However, the City Council would like to know if any complaints are made regarding the races. Mayor Probst noted that most of these permit approvals are accomplished by the Consent Calendar, primarily so that the Council is aware of the events. Couneilmember Larson asked if the reference to commercial sidewalk sales needs to remain listed in the activity list. Mr, Fritsinger stated that it might be best to leave the sidewalk sales listed in case the businesses along County Road E decided that they wanted to use the sidewalk for sales. ARDEN HILLS CITY COUNCIL - JUNE 2S, 1999 q"'24 Mayor Probst noted that pages 3-16 through 3-36 gets into a great deal of detail regarding coin operated amusement devices. He felt that it seemed to be to a level of detail, which may not be necessary. The primary point of the information is that no one under the age of 16 is allowed to enter or remain upon the premises of an amusement arcade after 9:30 p.m. without an adult. Mr. Fritsinger pointed out that this corresponds to the 9:00 p.m. City curfew, which extends to 15 and 16 year olds. Mr. Fritsinger noted that there is currently a court case pending related to this industry trying to put the cities on the spot as to the fees they charge and what the purpose of the fees are. The outcome of this case may effect how this section of the Code lays out. Couneilmember Malone noted that Arden Hills had once been a resort community and this section of the Code may be related to boardwalk activities, - ,.~- Councilmember Larson noted that on page 3-33, subdivision S states "If the provisions of the Minnesota Lawful Gambling Act and this Section are inconsistent, the more restrictive provisions shall apply." He indicated that this is inconsistent with subdivision 2 on page 3-31. Mayor Probst noted that on page 3-33, subdivision 9, first line, the word Council is not spelled correctly. Additionally, on the top of page 3-34, the effective date should be removed. Mayor Probst expressed concern for the amount of detail provided in the information in subparagraph lIon page 3-61. Mr. Fritsinger stated that this information is regarding massage parlors. Mayor Probst asked ifit was necessary to list the requirement of having a janitor's closet, Mr. Fritsinger stated that this requirement was necessary. . With regard to subparagraph SA, circumstance number one, Councilmember Larson asked if there would be any massage parlor or sauna businesses within the City, which would not be within a Zoning District. Mr. Fritsinger stated that initially, Zoning Districts R-B and G-B were specific districts, which allowed these types of businesses. The current Ordinance does not have these definitions. Councilmember Larson asked if this information should state "within the City, as located in the Zoning District as a permitted use." Mr. Fritsinger noted that it states prior to this information that no license shall be issued unless the following circumstances exist. Councilmember Aplikowski stated that there are certain Zoning Districts, which are, designated for certain uses. With regard to page 3-55, paragraph 1, Councilmember Larson asked if the City is required to hold a public hearing for every business license application. Mr. Fritsinger stated that this information is regarding massage parlors and these do require a public hearing. In relation to this section of the Code, Mr. Fritsinger stated that one issue, which keeps coming up, is regarding a massage therapist. He has been unable to find another city Ordinance that deals with this issue. Mayor Probst confirmed that all the information presented in the Ordinance is required, even with the Adult Use Ordinance in place. Mr. Fritsinger stated that it is necessary. Councilmember Aplikowski noted that she has two friends who are nuns as well as message . e e . ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 25 therapists. She indicated that these women are moving outside the metro area because they cannot get licensed, With regard to the note on page 4-2, Mayor Probst stated that he agreed that subdivision 3 should read "over two dogs" rather than "up to three." Mr. Fritsinger expressed his belief that the subdivisions makes sense as it was written. He indicated that a residential kennel could have up to three dogs, Mayor Probst asked if the issue of the number of dogs has become a problem within the City. Mr. Fritsinger stated that there is a resident who takes in injured and abused dogs and there are others who are breeding pairs and have more than three dogs that are not licensed. Mayor Probst referred to page 4-5, subdivision 2B, and asked if the word "Administrator" should be removed and have this sentence state, "...upon application to the City, and." Mr. Fritsinger stated that in later chapters there are specific references to individuals that would make certain decisions. Mayor Probst asked Mr. Fritsinger ifhe personally issues the dog licenses and metal tags. Mr. Fritsinger stated that he does not personally do the issuing, this is delegated to another employee. Councilmember Aplikowski suggested the statement read, "...to the Office of the City Administrator..." Councilmember Larson suggested this may need to be looked at by the City Attorney, whether the Code should only identify a specific position within City government when it is absolutely necessary to do so. Otherwise references should be made only generically to the City, Councilmember Larson asked if most people who have pets come in for licensing and then never renew them, or are most people good about renewing them. Mr. Fritsinger stated that the City consistently sends out reminder notices. Councilmember Larson asked if, when dog licenses are renewed, the owners provide rabies certifications. Mr. Fritsinger stated that they do. With regard to page 4-2, subparagraph 5, Councilmember Malone noted that some pet owners purchase radio collars for their dogs and are therefore not physically restrained. He indicated that this situation would not fall under the category of a dog at large. Councilmember Larson stated that on page 4-10 the definition for a howling dog states that it would be deemed a nuisance if the dog is making the noise for at least five minutes with less than a one minute lapse during that five minutes. He indicated that he lived next to a dog that was a habitual barker. It made no difference if there was one or two minutes lapse, as long it was occurring over a long period of time. Mr. Fritsinger stated that this language was based upon court cases in which the City must go out and document what is actually happening, so there is a basis. Councilmember Larson stated that he was not arguing the basis, he was arguing whether the less than one-minute lapse time was appropriate, Mr. Fritsinger stated that he would have to speak to the Animal Control Officer who had recommended this specific language to the City. Councilmember Larson suggested removing the statement "with less than a one minute lapse during that five minutes..." ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 26 With regard to subparagraph 410.02 on page 4-10, Councilmember Aplikowski asked if the reference to a public place includes driveways, Mr. Ringwald stated that this would be considered trespassing. Councilmember Aplikowski asked if owners allowing their dogs to do their business in private driveways are what most complaints are about, Mr. Fritsinger stated that most complaints are regarding feces in parks and trails. Mayor Probst confirmed that Chapters 5 through 8 were scheduled to be presented to the City Council at its next regular meeting. Mr. Fritsinger stated that this was correct, Councilmember Larson requested that only three chapters be presented at the next meeting, Mr. Fritsinger concurred. ADMINISTRATOR COMMENTS Mr. Fritsinger stated that the vandalism in the parks has continued, The same sort of damage is being done to porta-potties and appears to be done by the same individual. Staff is working with the Sheriff Department to put a stop to this vandalism. Mr. Fritsinger stated that he had spoken to the Minnesota Department of Natural Resources regarding the utilization of the grant funds for the County Road F trail. He had been informed that this would be too significant of a change from the intent of the grant and the transfer of the funds would not be allowed, He will be sending a letter this week informing the Minnesota Department of Natural Resources that the grant funds will not be utilized. Mr. Fritsinger stated that the cable TV system is having a great deal of problems with the change over to Media One. The new lines being installed are having reception problems. The Cable Commission is trying to get Media One to pick up their level of service. The latest response from Media One was that new converter boxes are needed. The replacement of all the lines and repairing and upgrading the system was not so much for improved quality, as it was to simply update the system and make it work. Councilmember Malone noted that his reception has been better lately with the exception of channel four and 11. Mr. Fritsinger agreed that the primary stations are having the worst reception. Mr. Fritsinger stated that he spoke with the Army National Guard regarding the on going transfer of the Arsenal property, Staff is working on some legal description changes to the site plan. He will be meeting with Mr. Brown and Mr. Ringwald to further define these changes, A site survey had been accomplished with a legal description. The language in the bill refers to four acres and the legal description was short of this. Questions have arisen as to whether or not the Army National Guard owns property out the centerline of the highway. COUNCIL COMMENTS Mayor Probst stated that he had been interested in Mr. Ringwald's report regarding the City of Roseville's new setback permit which is intended to eliminate the hardship finding required for a variance, He suggested that the City should pursue this idea, as well as the This Old House 'e e . e e . ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 27 Legislation. He asked that staff include this information in the Newsletter in order to make residents aware of these opportunities. With regard to Mr. Moore's report referencing vandalism, Mayor Probst noted that, since the time Ramsey County initiated the County Watch Program, the City's vandalism problem has gotten worse. Mr. Fritsinger stated that in Valentine Hills the Police received a number of leads, which is the intention of the County Watch Program. ADJOURN MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 10:39 p.m. The motion carried unanimously (5- 0), Dennis Probst Mayor Brian Fritsinger City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, July 12, 1999 at 7:30 p.m, at the Arden Hills Council chambers. e e . .."- ~.. CITY OF ARDEN HILLS ACCOUNTS PAY ABLE CLAIMS REPORT TO BE APPROVED AT 07/12/99 COUNCIL MEETING tt"l:trf/iI"" CLAIMS PAID SINCE LAST COUNCIL MEETING (06/28/99) ]6088 ]6089 t6]62 ]6163 ]6164 16t65 t6166 t6]67 16168 t6]69 16170 t6]7t 16172 ]6t73 ]6174 PAGE10F2 06/24/99 06/24/99 06/29/99 06/29/99 06/29/99 06/29/99 06/29/99 06/30/99 07/06/99 07/06/99 07/06/99 07/07/99 07107/99 07107/99 07/07/99 Diamond TwRanch North East Tennis Assoc, ofShorevlew E-Z Rec clin Northern States Power Com an American Medical Securi Fortis Benefits Fortis Benefits Peterson Fram & Ber man Public Em 10 ees Retirement Association ICl'vlA Retirement Trust - 457 Anini Plus Federal Credit Union Brock White Com an Lake Count Service Coo erative MRPA Nextel 266,00 45,00 4,7]4,00 6,116.41 851.58 ]74.15 2t8.67 5,272.22 3207.75 ],760,08 5,328.18 61.56 4,546.0t 920,00 118.13 Subtotal - Paid Claims 33,599.94 Paid Claims From Above - 33,599.94 Add Unpaid Claims, Page 2 of 2 - 94824,69 Total Accounts Payable Claims for Council Approval, 07/12/99- 128,424.63 Note: Checks for unpaid claims totaling $151,441.84 were mailed on June 29, 1999 after approval at the June 28, 1999 Council Meeting. They were check numbers 16092 - 16161. This sequence corresponds to unpaid temporary numbers Tl ~ T70. Check numbers 16090 -16091 were used for alignment Frida Field Tri - 6/25/99 Membershi Fee June Service Ma IJune Service Jul Dental Insurance Jul Lon Term Disabili Jul Short Term Disabili Le a1 Fees - Ma 1999 First Jul Pa oll First Jul Pa roll First Jul Pa roll Erosion Mattin Sta les Insurance/COBRA-Au ust l'vlRPAlUSSSA Re ionaIlState Tournament Cellular Phone Service IIInoyloo:o'""p'yol>l<.'<Io;",,1 .~ -. CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 071I2/99 COUNCIL MEETING PAGE20F2 UNPAID CLAIMS REGISTER: ttMIN?I?itK!lNt~~ .?""Aijj6iJl;jt? TOl 07/13/99 Accurate Press 66030 June Newsletter T02 07/13/99 Advantage Paper 631.52 Paper Towels/Cleaning Supolies T03 07/13/99 AirtOllch Cellular 96.95 Cellular Phone Service T04 07/13/99 Animal Control Services Inc. 728,37 DoJ2/Cat Enforcement - June T05 07/13/99 Apple Business Forms, Inc. 271.04 Utility Billing Statements T06 07/13/99 Beisswenger's How-To Store 205,57 June Purchases T07 07/13/99 Berres, Sandra l3.95 Mileage Reimbursement T08 07/t3/99 Blillie, Shelley 24.00 Refund~Horseback Riding: T09 07/13/99 Chism, Chuck 450.00 Spring Golf Lessons 101 TtO 07/t3/99 City of Excelsior 25,00 MCFOA Meeting - S. Stowell TIt 07/13/99 Comorate Express 326.D3 Office Supplies/Copy PaDer T12 07/13/99 Davies Water Equipment Co. t71.96 Hydrant Marker Tt3 07/13/99 Dickinson Ed 31.00 Refund-Player Pitch Softball Tl4 07/13/99 Frattal1one's Hardware, Inc. 86.8] June Purchases T15 07/t 3/99 Fritsinger Brian 223,50 Lic Tabs-Administration Vehicle TI6 07/13/99 Glenwood Inglewood 7.63 Spring Water - Citv Hall Tt7 07113/99 Gopher Sport 136.41 Playground Snorts Eouipment T18 07/13/99 Hydro Supply Co, 199.79 Meter Gasket/Price Adi. Meter TI9 07/13/99 Indeoendent fu?orts Network 1,017,50 Umoire Services 6/08 - 6/24/99 T20 07 1lJ/99 Independent School Dist #621 1,81633 Building Supervision 98-99 T21 07/13/99 lnsty-Prints 74.71 Purchase Orders (00) T22 07/13/99 Kvong~McClain, Jill 40,75 Reimburse Art Class Supplies T23 07 1lJ/99 NCPERS Grouo Life Ins. 45,00 PERi'\ Life Insurance - July T24 07/13/99 North Metro Insnections 804,00 June Electrical Insoections T25 07/t3/99 Pace Analytical 319,00 Water TestinQ: T26 07/13/99 Pastorius, Joann 50,00 Refund-Basketball-Zig Kauls Camp T27 07/13/99 Post, Terrance 46,30 Mileage Reimbursement T28 07/13/99 ProD Rec & Rev - Revenue 52,304.00 Julv Law Enforcement T29 07113/99 Ringwald, Kevin 79.15 MileagelExpense Reimbursement TJO 07/13/99 Robertson, Marilyn 34,00 Refund-TelU1is TJl 07/13/99 Rotary Club of AHlShoreview 150,00 Dues & Meetings 3099 T32 07113/99 T A Schifs_ky & Sons 10639 Asphalt (4.49 Tons) T33 07/13/99 Stafford, Dwayne 29.45 Mileage Reimbursement TJ4 07/13/99 Stowell, Sheila 12.25 Mileage Reimbursement TJ5 07/13/99 Target 48.60 Playground Program Supplies T36 07113/99 TimeSaver Off~Site Secretarial 319.25 Recording See - CC ' 6/28/99 T37 07/t3/99 Triarco Arts & Crafts, Inc. 280.76 Playground Art Sunnlies TJ8 07/13/99 US West Communications 954.60 Phone Service TJ9 07/13/99 Waste Management - Blaine 408,6t Waste Removal T40 07/13/99 West Weld t08.65 Shoo MateriaJs T41 07/13/99 Xerox Corporation 818.69 July Copier Lease/Base Charge T42 07/13/99 Zee Medical Service 270.42 Supplies T43 07/13/99 Ziegler, Inc. 30384.45 100KW Trailer Mtd Generator-1998 CIP Item II Total- Unpaid Claims --- 94,824.69 II ..nd).i.'""u"tspoyabl<l,I,,,,,<1 e e e e .. ~ .. c:: ~ en en 0; e .... o Cl W t- "" Cl <JJ ls:: U w :r u . 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CITY OF ARDEN HILLS MEMORANDUM DATE: July 9, 1999 TO: Mayor and City Council Brian Fritsinger, City AdministratW Scott Freyberger, Employment Status FROM: SUBJECT: Backl!round Mr. Freyberger was initially hired on January 14, 1999 as a Parks Maintenance Worker for the City of Arden Hills. Chapter 19, Arden Hills Code, requires that employees complete a six (6) month probationary period in order to determine whether or not the employee demonstrates fitness for the position. Under Section 19-6 (c) of Municipal Code, the City Council shall consider the recommendation of the City Administrator or Department Head as to whether the employee should or should not be made a regular employee. Recommendation Staff would recommend the City Council approve the appointment of Mr. Freyberger as a regular, full-time employee with the City of Arden Hills. BF/s1s e e . .\,. .. BRW MEMORANDUM A OAMffi &M-OORE"G'R"OOI'CO"MPA-NY RECEIVED JUL 0 7 1999 CITY OF ARDEN HILLS BRW TItresher Square 700 Third Street South Minneapolis. MN 55415 Phone: (612) 370,0700 Fax: (612) 370-1378 To: Brian Fritsinger /City Administrator File: 37951-008-8001 From: Gregory S. Brown Arden Hills City Engineer Date: May 5, 1999 Subject: Pay Estimate #3 West Round Lake Road Improvements Phase 1 Background The City of Arden Hills awarded Forest Lake Contracting, Inc. of Forest Lake, Minnesota the West Round Lake Road Improvements Phase 1 on March 8, 1999. Change Order #1 was approved by the City Council on April 12, 1999 reducing the contract amount by $32,000.00 from $794,725,05 to $762,725.05. Payment #1 for $55,254.37 and Payment #2 for $123,367.27 were approved by the City Council. Project Status The Contractor has mobilized and placed the mobile field office. Grading for the pond and roadway are complete, The Contractor has placed the sand base for the road and is almost finished placing the cIass-5 base. The Contractor is continuing to haul topsoil from the project location. Recommendations The Arden Hills City Engineer recommends the Council approve Pay Estimate #3 for Forest Lake Contracting, Inc. of Forest Lake, Minnesota in the amount of $271,719,87. A retainage of 5% is being held for the project. APPLICATION FOR PAYMENT NO. 3 - VBR\'V Copy 01'}:->t.":\r Copy C'~ -tor Copy I. .. >Jr ('cpy Project WEST ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS Owner CITY OF ARDEN HILLS Owner's Project No. Engineer's File No. 37951-005-2301 Contractor FOREST LAKE CONTRACTING Application Date 7/12/99 For Period Ending 6/30/99 -------------------------------------------------------------------- -------------------------------------------------------------------- STATEMENT OF WORK Original Contract Amount Net Change By Contract Amendment Contract Amount to Date Total Amount of Work Completed to Date Material Suitably Stored on Site but not Incorporated into Work Gross Amount Due to Date Less 5.00% Retainage Amount Due to Date Less Previous Payments Payment Due this Application $ $ $ 794,725.05 -32,000.00 762,725.05 $ $ 412,428.42 3,452.78 $ $ $ $ $ 415,881.20 20,794.06 395,087.14 123,367.27 271,719,87 . . . e e . - I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor Forest I,ake Contmcting By rt'IJ. 0 . il r!lLJ V.ce.. 'Pi'~ I:')'-,^- ~ Date I /-T / ere, (Name and Title) The work on this project and the application for payment have been reviewed and the amount shown is recommended for payment. Date ;W~ By gineer) APPROVED FOR PAYMENT Owner City of Arden Hills By Date (Name and Title) '-- WEST e BRW File: 37951-005-2301 Seq, No/ MnDot No Item APPLICATION FOR PARTIAL PAYMENT ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS Unit Unit Price Contract Quantity Contract Amount To Date Quantity 7/07/99 Page: 2 To Date Amount -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- 15983.00 16 SELECT GRANULAR BORROW 2105.522 ICV) (p) 17 ROCK CONSTRUCTION 2105.601 ENTRANCE 18 AGGREGATE BASE CLASS 5 2211.503 100% CRUSHED LIMEROCK 19 2211.503 AGGREGATE BASE CLASS 5 100% CRUSHED LIMEROCK (CV) IP) TYPE 31 BASE COURSE MIXTURE 20 2331. 514 21 2331. 510 .2 TYPE 41 BINDER COURSE MIXTURE TYPE 41 WEARING COURSE 2331,508 MIXTURE 23 BITUMINOUS MATERIAL FOR 2357.502 TACK COAT 24 CONCRETE CURB & GUTTER 2531.501 DESIGN B618 25 100mm CONCRETE WALK 2521. 501 26 75mm BITUMINOUS TRAIL 2521. 511 27 WIRE FENCE DESIGN 2557.603 1.2V-9322 28 TEMPORARY CONSTRUCTION 2557.603 FENCE 29 MODULAR BLOCK RETAINING 2411.603 WALL _~.501 BITUMINOUS CURB m3 11.00 EA 800.00 t 14.50 m3 27.00 t 28.00 t 28.00 t 30.00 L 0.35 m 24.00 m2 24.00 m2 17,00 m 36.00 m 4,50 m2 180.00 m 10.00 2150,00 2.00 250.00 1575.00 745.00 665.00 745,00 2125.00 995.00 420,00 600.00 190,00 165.00 50.00 110.00 23650.00 1600.00 3625.00 42525.00 20860.00 18620,00 22350.00 743,75 23880.00 10080,00 10200.00 6840.00 742.50 9000.00 1100.00 1453.00 2.00 0.00 1200.00 0,00 0,00 0,00 0.00 0.00 0.00 0,00 0.00 184.00 0.00 0.00 1600,00 0.00 32400.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 828.00 0.00 0.00 .~ APPLICATION FOR PARTIAL PAYMENT WEST ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS BRW File: 37951-005-2301 7/07/_ Page: 3 Seq. No/ Unit Contract Contract To Date To Date MnDot No Item Unit Price Quantity Amount Quantity Amount -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- 31 SODDING W/I00mm TOPSOIL m2 2,40 3600,00 8640.00 0,00 0.00 2575.501 32 BALE CHECKS EA 6,00 100.00 600.00 0.00 0.00 2573,501 33 SILT FENCE m 7,00 260.00 1820.00 256.00 1792,00 2573.502 34 STREET SWEEPER (WITH HR 80.00 15.00 1200,00 2.00 160.00 2123.601 PICK UP BROOM) 35 TRAFFIC CONTROL LS 4000.00 1.00 4000.00 0.25 1000.00 2563.604 36 TEMPORARY SIGNAL SYSTEM SIGSYS 52000.00 1. 00 52000,00 0.00 0.00 2565.616 37 PAVEMENT MESSAGE EA 50.00 6.00 300.00 0.00 O. 2564,602 (RIGHT/LEFT ARROW) 38 F&I SIGN PANEL, TYPE C m2 205,00 17.25 3536.25 0,00 0.00 2564.531 39 100mm DOUBLE SOLID LINE m 3.22 210.00 676.20 0.00 0.00 2564.603 YELLOW PAINT 40 100mm SOLID LINE m 1. 61 75.00 120.75 0.00 0.00 2564.603 YELLOW PAINT 41 100mm SOLID LINE m 1.58 480,00 758.40 0.00 0,00 2564,603 WHITE PAINT 42 600mm SOLID LINE m 4.92 15.00 73.80 0.00 0.00 2564.603 WHITE PAINT 43 PAVEMENT MARKING m 1. 50 200.00 300.00 0.00 0.00 2102.501 REMOVAL 44 SEED MIXTURE 200 ha 8000.00 1.26 10080,00 0.00 0.00 2575.501 45 CONCRETE MEDIAN NOSE m2 100.00 12.00 1200.00 0,00 O~ 2531. 602 APPLICATION FOR PARTIAL PAYMENT WEST ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS eBRW File: 37951-005-2301 Seq, No/ MnDot No Item 46 200mm CONCRETE DRIVEWAY 2531.507 PAVEMENT Unit m2 Bid Schedule: B - STORM SEWER IMPROVEMENTS 1 CLEARING 2105,502 2 GRUBBING 2105.502 3 COMMON EXCAVATION 2105,507 4 SEED MIXTURE 250 2573.300 ~ WOOD FIBER BLANKET '-!Ifs .523 6 CONSTRUCT CATCH BASIN 2506,511 (600mm X 900 mm) 7 375mm RCP CL 5 2503.541 8 525mm RCP CL 3 2503.541 9 600mm RCP 2503,541 10 900mm RCP CL 3 2503.541 11 600mm APRON W/TRASH 2501. 515 GUARD TREE TREE m3 ha m2 m m m m m EA 12 525mm APRON W/TRASH GUARD EA 2501. 515 13 _,515 900mm APRON W/TRASH GUARD EA Unit Price Contract Quantity 50.00 45.00 40.00 115.00 15.00 115.00 5.00 20496.00 10000.00 0.50 2.50 4730,00 425.00 6.40 72.00 83.00 85.00 55.00 85.00 31.00 165.00 165.00 1100.00 1. 00 950.00 2.00 2000.00 1. 00 Contract Amount 2250,00 To Date Quantity 0.00 Subtotal: $ 4600,00 229.00 1725.00 138.00 102480,00 20496.00 5000,00 0.00 11825.00 0.00 2720.00 5976,00 4675.00 2635.00 27225.00 1100.00 1900.00 2000.00 6.36 78.00 71.34 0.00 152.00 0,00 3.00 1. 00 7/07/99 Page: 4 To Date Amount 0.00 185,952.00 9160.00 2070.00 102480,00 0.00 0.00 2703.00 5616,00 6063.90 0.00 25080.00 0.00 2850.00 2000.00 . WEST BRW File: 37951-005-2301 Seq. No/ MnDot No Item APPLICATION FOR PARTIAL PAYMENT ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS Unit Unit Price Contract Quantity Contract Amount To Date Quantity 7/07/_ Page: 5 To Date Amount -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- 14 OUTLET CONTROL STRUCTURE EA 4400.00 1. 00 4400.00 1. 00 4400.00 2506.501 15 INSTALL INFILTRATION 2506.602 SHIELD (CATCH BASIN) 16 INSTALL INFILTRATION 2506,602 SHIELD (MANHOLE) EA 225.00 EA 150.00 17 100mm PERFORATED PVC/HDPE m 2502.541 PIPE DRAIN 18 CL-III RIPRAP 2511.501 19 CONSTRUCT MHCB 2506.511 (1200 DIA.) 20 CONSTRUCT MHCB 2506.511 (1800 DIA.) 21 FURNISH AND INSTALL 2506.521 CASTINGS Bid Schedule: C - SANITARY SEWER 1 200mm PVC PIPE SEWER 2503,601 SDR 35 2 200mm PVC PLUG 2503.602 3 CONNECT TO EXISTING 2506.602 MANHOLE 4 RECONSTRUCT MANHOLE 2506.601 5 INSTALL INFILTRATION 2506,602 SHIELD (MANHOLE) 6 ADJUST MANHOLE 2506.601 18.00 m3 80,00 m 550.00 m 875.00 EA 260,00 m 32.00 EA 50.00 EA 400.00 m 525.00 EA 150.00 EA 175.00 5.00 12.00 200,00 25.00 13 .00 11.00 18.00 40.00 1. 00 1. 00 3.00 4,00 4.00 1125.00 1800.00 3600,00 2000.00 7150.00 9625.00 4680.00 0.00 0.00 160.00 0.00 12.34 10.18 0.00 Subtotal: $ 1280.00 50.00 400.00 1575.00 600.00 700,00 39,36 1.00 1,00 1.00 0.00 0,00 Subtotal: $ 0.00 0,00 2880.00 0.00 6787.00 8907_ 0.00 180,997.40 1259.52 50.00 400.00 525.00 0.00 06 2,234.52 WEST APPLICATION FOR PARTIAL PAYMENT ROUND LAKE ROAD IMPROVEMENTS PRASE I CITY OF ARDEN HILLS ~BRW File: 37951-005-2301 Seq. No/ MnDot No Item Unit Price Unit Contract Quantity Contract Amount To Date Quantity 7/07/99 Page: 6 To Date Amount -~------ ------------------------ ------- ---------- --------- ----------- --------- ----------- Bid Schedule: D - WATERMAIN 1 SALVAGE HYDRANT EA 2104.523 400.00 2 ABANDON 200mm WATERMAIN m 2104.525 2,50 3 REMOVE 200mm WATERMAIN m 2104,501 12.00 4 SALVAGE GATE VALVE EA 2104.523 175.00 5 200mm GATE VALVE AND BOX EA 2504.602 300.00 ..603 300mm WATERMAIN DIP CL 52 m 80.00 7 2504.603 200mm WATERMAIN DIP CL 52 m 75.00 8 CONNECT TO EXISTING 2504.602 WATERMAIN EA 175.00 9 300mm GATE VALVE AND BOX EA 2504.602 1300,00 10 200mm DIP PIPE PLUG EA 2504,602 60.00 11 300mm DIP PIPE PLUG EA 2504.602 90.00 12 DIP FITTING KG 2504.602 4.50 13 HYDRANT W/GATE VALVE EA 2504,602 2000.00 14 100mm INSULATION _4.605 Bid Schedule: A (ADD+/DEDUCT-) m2 20,00 3,00 310.00 90.00 3.00 3,00 310.00 30,00 2.00 2.00 1.00 2,00 1450.00 2.00 24.00 1200.00 775.00 1080,00 525.00 900,00 24800.00 2250,00 350.00 2600.00 60.00 180.00 6525.00 4000.00 3.00 0.00 23.00 2.00 1. 00 309.00 36.30 2.00 2,00 1. 00 2,00 1288.00 2.00 480,00 12,00 Subtotal: $ 1200.00 0,00 276.00 350.00 300.00 24720.00 2722,50 350.00 2600.00 60.00 180.00 5796 . 00 4000.00 240.00 42,794.50 . BRW File: 37951-005-2301 Seq, Nol MnDot No Item WEST APPLICATION FOR PARTIAL PAYMENT ROUND LAKE ROAD IMPROVEMENTS PHASE I CITY OF ARDEN HILLS Unit Unit Price Contract Quantity Contract Amount To Date Quantity 7/07/9_ Page: 7 To Date Amount -------- ------------------------ ~------ ---------- --------- ----------- --------- ----------- 1 TOPSOIL EXCAVATION m3 0.00 20000.00 0.00 23800.00 0.00 2105.507 Bid Schedule: B - LANDSCAPING 1 FALL GOLD ASH 2571.502 63mm CAL, B&B 2 SWAMP WHITE OAK 2571.502 63mm CAL, B&B 3 AMUR MAPLE 2571.503 3m HT" B&B 4 JAPANESE TREE LILAC 2571.503 3m HT., B&B 5 BLACK HILLS SPRUCE 2571.501 2.5m HT., B&B 6 COLORADO GREEN SPRUCE 2571.504 2.5m HT., B&B 7 RED TWIGGED DOGWOOD 2571.505 1m B&B 8 BLACK PUSSY WILLOW 2571.505 762m CONT. TREE 275,00 TREE 325,00 TREE 275.00 TREE 300.00 TREE 320.00 TREE 350.00 SHRUB 40.00 SHRUB 40.00 9 FEESEYS FORM RIBBON GRASS PLT 2571,507 2-YR #1 CONT. 10.00 10 IRRIGATION SYSTEM 0000.000 LS 4500.00 Bid Schedule: C - MEDIAN PAVER BRICKS 1 BRICK PAVERS 2521.610 2 100mm CONCRETE WALK 2521.501 75.00 m2 m2 20.80 38.00 18.00 9,00 12.00 13 .00 7.00 30.00 32.00 620.00 1. 00 180.00 -180,00 Subtotal: $ 10450.00 0.00 5850.00 0,00 2475.00 0.00 3600.00 0.00 4160,00 0.00 2450.00 0.00 1200,00 0.00 1280.00 0.00 6200.00 0.00 4500.00 0.10 Subtotal: $ 13500.00 0,00 -3744.00 0.00 Subtotal: $ Grand Total: $ 0.00 0.00 0.00 0.00 0,00 o. 0.00 0,00 0.00 0.00 450,00 450,00 0.00 o~ 0.00 412,428.42 "'-. . . . . BRW RL " j MEMORANDUM A DAMES &. MOORE GROUP COMPANY JUt u 7 ]~99 CITY OF ARDEN HILLS BRW Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370,0700 Fax: (612) 370-1378 To: Brian Fritsinger ICity Administrator File: 37951-006-1001 From: Greg Brown IBRW Date: March 1, 1999 Subject: Pay Estimate #3 (Final Payment) Lift Station #3 Reconstruction Project Background The City of Arden Hills awarded Jay Bros., Inc. of Forest Lake, Minnesota the Lift Station #3 Reconstruction Project on November 30, 1998. Jay Bros. low bid was $69,593.00, Payment #1 for $21, 420.41 and Payment #2 for $39,235,00 were both approved by the City Council. Project Status The contractor has completed the installation of the lift station pumps and electrical equipment and the lift station is operational. The site has been graded and re-seeded. Recommendations The Arden Hills City Engineer recommends the Council approve Pay Estimate #3 for Jay Bros" Inc. of Forest Lake, Minnesota in the amount of $7,507.34, No retain age is being withheld for this project l .' APPLICATION FOR PAYMENT FINAL PAYMENT NO. 3 Project LIFT STATION #3 RECONSTRUCTION PROJECT Owner CITY OF ARDEN HILLS Owner's Project No. Contractor JAY BROS., INC. Application Date 7/12/99 .-' ...", I BRW Copy Owner Copy Contractor C(JfjIj . Inspo>dw ~ For Period Ending Engineer's File No. 37951*006*0101 6/30/99 -------------------------------------------------------------------- -------------------------------------------------------------------- STATEMENT OF WORK Original Contract Amount Net Change By Contract Amendment Contract Amount to Date Total Amount of Work Completed to Date Material Suitably Stored on Site but not Incorporated into Work Gross Amount Due to Date Less 0.00% Retainage Amount Due to Date Less Previous payments Payment Due this Application $ $ $ 69,593.00 0.00 69,593.00 $ $ 68,180.75 0.00 $ $ $ $ $ 68,180.75 0.00 68,180.75 60,673.41 7,507.34 . . .' . . . " _. - I hereby certify that all items and amounts shown are correct for the work completed to date, Contractor T ay Rro~ , Tnc By ~./L4'/ ~ ?~ -?11vu""'Y~ ame and Ti Date 717/'11 , , The work on this project and the application for payment have been reviewed and the amount shown is recommended for payment BRW, INC. By APPROVED FOR PAYMENT Owner City of Arden Hill~ By (Name and Title) Date Date 7/0'9 APPLICATION FOR PARTIAL PAYMENT LIFT STATION #3 RECONSTRUCTION PROJECT BRW File: 37951*006*0101 Seg. No/ MnDot No Item Unit -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- Unit Price Bid Schedule: A - LIFT STATION #3 RECONSTRUCTION 1 MOBILIZATION 2021.501 LS 2 CLEARING 2101,502 TREE 3 GRUBBING 2101. 507 TREE 4 REMOVE SEWER PIPE 2104.501 LF 5 AGGREGATE BASE CLASS 5 TON 2211.503 (100% CRUSHED LIMESTONE) 6 8" PVC, SDR 26 SANITARY LF 2503.511 SEWER 7 F&I LIFT STATION LS 2503.601 EQUIPMENT AND PIPING 8 F&I LIFT STATION LS 2503.601 ELECTRICAL SYSTEM 9 CONNECT TO EXISTING EA 2503.602 SANITARY MANHOLE 10 REBUILD SANITARY SEWER LS 2503.602 MANHOLE INVERT 11 CONNECT TO EXISTING EA 2503.603 SANITARY FORCE MAIN 12 6" DIP FORCEI'.AIN 2503,603 LF 13 72" DIA. SANITARY VALVE 2506.602 MANHOLE EA 14 72" DIA. LIFT STATION 2506.602 WET WELL W/ACCESS HATCH EA 15 SILT FENCE TYPE HEAVY 2573.502 DUTY LF 3200.00 200.00 150.00 5.00 15.00 55.00 33980.00 3500.00 500.00 500.00 500.00 82.05 6000.00 11906.00 2.00 Contract Quantity 1.00 3.00 3.00 10.00 90,00 15.00 1. 00 1.00 1. 00 1.00 1. 00 40.00 1. 00 1.00 180,00 Contract Amount 3200.00 600.00 450.00 50.00 1350,00 825.00 33980.00 3500.00 500.00 500.00 500.00 3282,00 6000.00 11906.00 360.00 To Date Quantity 1. 00 3,00 3.00 10.00 28.00 25,00 1.00 1. 00 1.60 1,00 1.00 15.00 1.00 1.00 100.00 - - 6/30/_ Page: 1 To Date Amount 3200.00 600.00 450,00 50.00 420,00 1375 e 33980.00 3500.00 800.00 500.00 500.00 1230.75 6000.00 11906.00 200_ ..... - APPLICATION FOR PARTIAL PAYMENT LIFT STATION #3 RECONSTRUCTION PROJECT ~BRW File: 37951*006*0101 6/30/99 Page: 2 Seg. No/ Unit Contract Contract To Date To Date MnDot No Item Unit Price Quantity Amount Quantity Amount -------- ------------------------ ------- ---------- --------- ----------- --------- ----------- 16 SEEDING W/4" TOPSOIL SY 5.00 70.00 350,00 242,00 1210.00 2575.502 17 WOOD FIBER BLANKETS SY 2.00 70.00 140.00 242.00 484.00 2575.523 TYPE REGULAR 18 SITE GRADING LS 1500,00 1. 00 1500.00 1.00 1500.00 2105.601 19 MARKER SIGN EA 25.00 3.00 75.00 0,00 0.00 2564,602 20 F&I MANHOLE STEPS EA 25,00 5,00 125.00 5.00 125 . 00 2503.602 21 BALE CHECKS EA 10.00 10.00 100.00 0,00 0.00 2573,501 . STABILIZING AGGREGATE TON 15.00 20.00 300.00 10.00 150.00 2105.543 MATERIAL Subtotal: $ 68,180.75 Grand Total: $ 68,180.75 ~ . ~ e . e CITY OF ARDEN HILLS MEMORANDUM DATE: July 9, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Director rvJ. Joint Powers Agreement (JPA) with Ramsey County Relating to Collection of City Recycling Costs by the City FROM: SUBJECT: Backl!round When the Arden Hills Recycling Program was set up in 1992, Ramsey County provided the service of collecting the City's costs for recycling by adding those assessable costs to the property tax statement on a separate line labeled, "City Recycling." The City, at that time, entered into a JP A with the County to use this service, which is authorized under State Statutes, That JPA, executed in 1991, expired in 1994. A renewal agreement was then drafted that expired on June 30, 1999. Ramsey County now requests that the City enter into a new JP A if the City wishes to have the County continue collection of the recycling costs for the City. New JPA The five year renewed JPA would be effective from July I, 1999 to June 30,2004. Either party may cancel the agreement at their discretion following a one-hundred-eighty (180) day written notice to the other party. Costs The original fee charged by the County for the collection service was $.12 per parcel, per year. This fee remained the same until July I, 1999. The County has now raised their collection fee to $.40 per parcel per year beginning in the 1999/2000 year, under the new JP A. The County has indicated this is a more realistic figure on their actual costs for the data processing service. This $.40 service fee is then added to the approximate $22.00 per year recyclable collection costs charged by the City, which will result in a cost per parcel ofless than $23.00 per year. All except the $.40 service fee is refunded to the City to help pay for the recycling service. These monies, plus approximately $19,500 provided to the City by the County in what is called a "SCORE" grant, pay 100% of the City's recycling costs, Memorandum, Joint Powers Agreement Page Two July 9, 1999 Recommendation The City's Public Works Director and City Accountant have reviewed the new JP A and recommend Council adopt Resolution No. 99-20, supporting a JPA between the City of Arden Hills and Ramsey County regarding County collection of recycling fees for the City. The recommendation is subject to the City Attorney reviewing the agreement and making any minor non-substantial changes as necessary. 1 j e . . , , e e . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 99-20 A RESOLUTION SUPPORTING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND RAMSEY COUNTY REGARDING COUNTY COLLECTION OF RECYCLING FEES FOR THE CITY WHEREAS, the City of Arden Hills (the "City") has been involved in a Joint Powers Agreement with Ramsey County (the "County") since 1993; and WHEREAS, the County has the authority, under Minnesota Statutes, Section 473.811, and has collected fees for the City pertaining to costs of curbside recycling as part of the Joint Powers Agreement (Attachment A); and WHEREAS, at this time, the County's collection of these fees for the City is the most cost- effective manner for collecting such fees, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Arden Hills, Minnesota: The Mayor and City Administrator are hereby authorized and directed to enter into a Joint Powers Agreement with Ramsey County to collect just and reasonable rates for curbside recycling for the City through June 30, 2004. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th DAY OF JULY, 1999. ATTEST: DENNIS PROBST, MAYOR BRIAN FRITSINGER, CITY ADMINISTRATOR e . . JOINT POWERS AGREEMENT This Agreement is entered into pursuant to the provisions of Minnesota Statutes Section 471.59 on this day of , 1999 between the COllnty of Ramsey, a political subdivision of the State of Minnesota (the County), and the City of fuclen '.hlls , a political subdivisiorfof the State of Minnesota (the City), . WHEREAS, the County has established policies and plans slJpporting residential curbside recycling as part of an overall waste management program; and, WHEREAS, the City supports residential curbside recycling and desires to continue to make it available to residents of the City; and, WHEREAS, the RegionaVRamsey County Solid Waste Master Plan, approved by the Ramsey County Board of Commissioners on February 2, 1999, states a policy that "Ramsey County will continue to allow municipalities use of County service charge authority through joint powers agreements;" and, WHEREAS, the City's residenti~1 curbside recycling program is established.and, WHEREAS, the City seeks to establish a long-term funding mechanism for maintaining the City's residential curbside recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes Sections 473.811 and 400.08, to collect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its curbside recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge authority under contract with the County; NOW, THEREFORE, IT IS AGREED: I. CITY OBLIGATIONS A. The City shall provide curbside collection services to single family homes at least once per month. B. The City shall ensure that multi-family units have an opportunity to recycle by requiring property managers to provide a minimum level of recycling service. C. Municipalities with 5,000 or more in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least twice a month for collection of at least four broad types of materials, Municipalities under 5,000 in population are required to provide for curbside recycling services to single-family residences and on-site recycling services for multi-unit housing at least one a month for collection of at least three broad types of materials. Municipalities under 5,000 in population are encouraged to provide service twice a month and to collect at least four broad types of materials. D. The City shall provide semi-annual reports to the County in a manner prescribed by the County. E. The City shall require haulers to have volume-based fees or require haulers to provide" financial incentives to clients to recycle, and the City shall provide notice of the availability of volume-based fees or financial incentives to residents at least once per year. . . F, The City shall be in compliance with Minnesota Statutes Section 115A.151 requiring an in- . house recycling program. G. The City shall have a procurement policy in place for the purchase of recycled and recyclable products. ..~. H. The City shall implement the elements of the Regional/Ramsey County Solid Waste Master:. Plan related to recycling and waste reduction in the City, 'c ;,:;:: I. Contracts for mixed municipal solid waste collected from City properties Shall comply with the Public Entities Section of Minnesota Statutes (Minn, Stat. ~~115A.46, sub<L5, 115A.47L) If the City has implemented organized collection, or organizes collection during the tenn of this agreement, any resulting contract(s) with hauler(s) shall require that waste be delivered to the RamseylWashington County Resource Recovery Facility located in Newport, MN. J. The City shall apply funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling service charge funds, to residential curbside recycling collection costs. Recycling service charge funds may also be used for spring residential clean-ups focused on reCYCling material collection, multifamily recycling collection, recycled product procurement, recycling collection bins, costs of providing a recyclable material drop-off center, management of tree and shrub waste, or other costs approved by" the Saint Paul - Ramsey County Department of Public Health ('the Department'). The City may apply funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this service. K On or before October 15 of each year the City shall provide the Department with a recycling budget which details eligible costs for the subsequent year, Eligible costs shalllim~ administration expenses which will be financed by the recycling service charge to not exceed . fifteen percent (15%) of the City's recycling budget. L. In determining the rate to be applied to each single family parcel and condominium parcel, . apartment unit and non-residential property, the City shall first reduce the total amount it needs for its recycling services by all SCORE funds to be distributed to the City by the County for recycling service. . M, On or before November 1 of each year during the term of this Agreement, the City shall provide the recycling service charge rate to be applied to each single family parcel and condominium parcel, apartment unit and, if charged, non-residential parcel to the County. N. The City shall pay the County up to $0.40 per parcel per year for the County's actual costs of administering the City's recycling service charge, The County's actual costs will include but . are not limited to the costs of computer programming and the Ramsey County Property Records and Revenue Departmenfs direct overhead costs, The City shall pay the County within thirty (30) days of receipt of the County's invoice, II. COUNTY OBLIGATIONS A. The County shall determine the parcel count in the City for single family residential properties, condominiums and apartments. The parcel count shall be provided to the City on or before August 30 of each year during the term of this Agreement. B. After receipt of the recycling service charge rates from the City, the County shall list the City's recycling charge on the property owners' tax statements, and shall label the charge as 'CIlY RECY: C. As property taxes are paid, the County shall separate the City's recycling service charge froITl other property taxes and shall distribute the recycling service charge funds to the City. . , t . recycling service charge funds shall be distributed to the City on the settlement dates provided . by Minnesota Statutes Sections 276.11 and 276,111 (1998) and as subsequently amended. " III. TERM This Agreement shall be in force and effect as of the date of final execution through June 30, 2004 or until otherwise terminated as provided in Paragraph IV below. . IV. TERMINATION A FOR CAUSE. In the event that the City fails to comply with the terms of this Agreement, or any statutory requirements, ordinances and/or plans related to this Agreement, the County may terminate this Agreement. In the event that the County exercises its right to terminate this Agreement for cause, the County shall submit written notice to the City . specifying the reasons for termination and the date upon which. the termination becomes effective. B.. WITHOUT CAUSE. This Agreement may be terminated by either party without cause, on one hundred-eighty (180) days written notice to the other party. C, OTHER EVENTS. In the event that the County's authority to provide the services contemplated in this Agreement is affected by amendments to Minnesota Statutes or by any other means, this Agreement shall be immediately terminated. . V. ACCESS TO DOCUMENTS Until the expiration of three years after this Agreement terminates, the City shall make available to the County, the State Auditor or the County's ultimate funding source, a copy of this Agreement and books, documents, records and accounting procedures and practices of the City relating to this Agreement. VI. HOLD HARMLESS Each party agrees to defend, indemnify and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or. employees. in the performance of or with relation to any of the work or services provided by the party under the terms of this Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapter 466. VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. When required by law and requested by the other party, each party shall furnish a written affirmative action plan to the other party. . VIII. DATA PRACTICES. All data collected, created, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is govemed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to' implement the Act The parties agree to abide strictly by these statutes, rules and regulations, IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed on this_ day of , 1999. RAMSEY COUNTY Approved: CITY OF Approved: BY: Chairman of the Board BY: Approved: BY: BY: Chief Clerk Approved as to Form: BY: Assistant County Attorney Approved: BY: Risk Manager Reviewed and Approved BY: Budget and Accounting Recommended: BY: Director of Public Health , . j . . . ~ . e . e CITY OF ARDEN HILLS MEMORANDUM DATE: July 9, 1999 TO: Mayor and City Councilmembers /~ \ '\ Iv ! I Brian Fritsinger, City Administrat?r 1~{\I) ) , ! / \ / Maintenance Facility Space Plannin'g.Stlidy FROM: SUBJECT: Back1!round The City Council recently directed the City Administrator to contact Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) to discuss the undertaking of a space planning study for the proposed maintenance facility. TKDA has been working with Ramsey County on the space planning study for their proposed maintenance facility. Attached, the City Council will find a proposal from TKDA to work with the City on this project. The proposal explains the broader framework for completing the study, This includes: . Number of meetings/questionnaires . Ten (10) year space needs projections . Schematic site and facility plan . Cost estimate for such facility The study will be completed on an hourly basis at a cost not-to exceed $8,500. The study will be completed within ten (10) weeks. The study does not take into consideration any combined joint-use facility issues. Those would be considered as part of later studies with Ramsey County and other potential participants. Recommendation Staff would recommend that the City Council authorize the execution of an agreement with TKDA for the space planning study for the proposed Public Works/Parks Maintenance facility, in an amount not to exceed $8,500. JUL-08-1333 15:12 651 292 0083 P.02/09 · TKDA .. ENGINEERS. ARCHtTECTS . PLANNERS . . TOLTZ, KING, OUVAI.L.. ANDERSON ANO ASSOCIATES. INCORPORATED 1$00 PIPe~ JAFFA4" F'LAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101.:2140 F'HON~, 6511292-4400 FAX: 651/2:e2.~ July 8, 1999 Mr. Brian Fritsinger City Administrator City of Arden Hills 4364 West Round Lake Road Arden Hills, Minnesota 55112-5794 Re: Revised Proposal for Architectural Services Public Works and Parks Department Space Planning Study Dear Mr. Fritsinger: Pursuant to our meeting with you on June 25, 1999, we propose to provide architectural services to the City of Arden Hills in connection with a Space Planning Study, hereinafter referred to as the Project. Our efforts will be based, in part, on the previous study the City had accomplished by BRW in 1992, Our services will be provided in the manner described in this proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreemem" dated October 1993. Hereinafter, the City of Arden Hills is referred [0 as the OWNER. I. PROJECT DESCRIPTION The OWNER is interested in updating their space needs plan for the Public Works and Parks Department. While the OWNER may have a site location for consideration. TKDA will assume a hypothetical site for programming purposes. In order to begin this process, a Space Planning Study is required to identify current facility and site needs for the OWNER (Public Works and Parks only). TKDA will work with the OWNER and your Public Works and Parks staff to prepare the study, Information from the 1992 City Hall and Public Works Study will be considered, revised and upda[ed as applicable. The OWNER currently ha< six Public Works staff and three Parks Department S[aff. An EEq~.' Opport~nity EEmp/cyer JUL-~~-l~~~ l~;lL 651 292 0083 P.03/09 Mr. Brian Fritsinger City of Arden Hills July 8, 1999 Page 2 . e II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. INTERVIEWS TKDA will prepare a questionnaire and facility checklist to be filled out by TKDA at separate interviews with the Public Works and Parks Departments. A total of four interviews are estimated with the following groups to confirm goals and projected needs: 1. City Administrator (1 meeting) 2. Department Manager(s) and Supervisors (l meeting) 3. Public Works and Parks Staff (2 meetings) B. PROGRAMMING AND ANALYSIS . TKDA will identify functional and space program requirements for each group and activity. Space requirements will be considered for a projected period of ten years in the future. Equipment, systems and facility environmental requirement~ will be addressed. Management, as well as staff goals, will be considered in the final recommendations of facility space needs. C. DEVELOP SCHEMATIC FLOOR AND SITE PLAN Tn order to test the program information, we will develop a Schematic Site and Facility Plan for the Public Works and Parks Department on a separate hypothetical site. This will illustrate the building and site size required for a stand-alone facility housing the two departments. D. COST ESTIMATE TKDA will prepare .a statement of probable construction costs (based on square footage) for a stand-alone facility on a hypothetical site. e e e . JUL-08-1999 15:13 651 292 0083 P.04/09 Mr. Brian Fritsinger City of Arden Hills July 8, 1999 Page 3 E. STUDY PREPARATION TKDA will prepare a report documenting the Project findings and recommendations. We will present a draft of our findings to you and upon making final revisions and your approval, will prepare and furnish ten copies of the final Study to the City. ill. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are nOI considered a~ basic services under this proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this proposal. A Any further meetings or evalualions requested by the OWNER. B. Preparation of measured drawings of lhe OWNER'S existing space. c. Further design effort or documentation beyond that describe in SECTION II oftrus proposal. IV. YEAR 2000 ISSUES TKDA has not offered to provide, and the OWNER has not requested that TKDA provide, any engineering, design, consulting Or other services Wilh regard to "Year 2000" issues. TKDA specifically excludes "Year 2000" services from its scope of services under dUs Agreement, and lhe OWNER specifically agrees to release all claims for damages, known or unknown, against TKDA arising from or in any way related 10 "Year 2000" issues. Claims arising fTom "Year 2000" issues include any claim, damage or other liability arising from or related to the failure of any equipment or process due to the failure of the equipment or process to accurately process date/rime data (including, but not limited 10, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, both independcmly and to the extent that the equipment or processes are used in combination with mher equipment or processes that are pre- existing or are within the subject matter of [his contract. JUL-08-1999 15:13 651 292 0083 P.05/09 Mr. Brian Fritsinger City of Arden Hills July 8, 1999 Page 4 V. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 ofthe General Provisions and as further described or clarified hereinbelow: A. Provide TKDA with all pertinent information, including a plan of the existing site and building (if available), listing of vehicles and equipment, and department organizational chart (if available). B. Meet with TKDA and review materials submitted by TKDA. VI. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this proposal and to complete SECTION II services within ten weeks. VII. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this proposal shall be on an Hourly Rate basis as described in Article 3 of the attached General Provisions in an amount nOl to exceed $8,500. A breakdown of the costs is provided in the attached Project Fee Estimate. The level of effort required accomplishing SECTION II services could be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed $8,500, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. e e . e e . JUL-08-1999 15:13 651 292 0083 P.06/09 Mr. Brian Fritsinger City of Arden Hills July 8, 1999 Page 5 VIII. CONTRACTUAL INTENT We thank you for the opportunity to submit this proposal and are willing that this letter and anachrnents constitute a contract between us upon irs signature by an authorized official of the City of Arden Hills and the return of a signed copy 10 us_ This proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to Ihat time. Sincerely, w~ Dane! H. Berkowitz, P.E. President/CEO ACCEPTED FOR THE CITY OF ARDEN HILLS, MINNESOTA By Title Date DHB:DAJ:ks ATTACHMENTS: GENERAL PROVISIONS PROJECT FEE ESTlMA TE JUL-08-1999 15:13 651 292 0083 P.07/09 TOLTZ, KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED e General Provisions Of Architect-Engineer Agreement ARTICLE I. tEllERAl Th.. GBOII'II Pl'tlYision:s .ars inlllOdn to be used in canjooclion with. Idtl!N1pl ~,....t bll1W<<tf1 T alll. ling;. Ouv.n. Andetsan .nd Auoaltl9t Incarp",r..ecI. I MIln'.'1 CDl"(I.Qmion. hclreirlitler referred to 1:Ii UDA, IInd iI QWNER. .....~ me OWNER l!Il'IQIgtS TKDA 10 prO.,jM certain ArdlitCl'Ctluat andlOf ~ wft:~ lln tl'lojo<t. As ."" h..... .h, ..... ",hi> Air_," tolot. 10 111 "" TKDA Prul"sat Lluer 1I'hid1 b....1 tilt leu. '.__1 upQQ i11S iC~l1nce by thl OWNER. (2) lhell Glnlf&l PTawisiDns ..,4 L1l any attached btilbit... IS if _bey Wft pan of OM .nil the $1_ dDatrlWlt. With 'upltl to tM aniII' of llCI....ence. .IlY .nlched E.hibilS sh.U VO,." 0'1'. ~1Jt '-nnl Proviaiens .nil the 1lIlter Agtilllm!nl sh.n IjtO'fem 0'. anr .u.~ecl EJhibn.s ,ncllhaI ,.... Provilion... ARTiClE L PDlIOD DF SalVltE ThB u:nn .f this Agrtem8lll Inr 1M pll'fllrrMlKlI 0,1 !l(lfVica. hereunder ul b, ., set fonh . 'M Lln_ AlfI'II'Ilftt. In this regard.. any b,11tt SllM 01 es.riml!lled malinlH'n pI'f'l8l1ImDUnUSllI '0"1'1 in ,h. leu_ Agr~nl ~I"ll becln utMlbhed... IIntieipalH:N1 Ilf In orderly ...11 co"tinumlSP'OgnlU af dw ProlE1 m IC((IrGanCll with tn8 JthBdula lUll IDRh in dLB l.u.. AIJ"!IBIf8I' Dr allY Elhtits luached tn,,"o. A/lTllU 3. eOIlP~lSlTION TO flU .l. CMqllf'lutio1'l to UnA IQf ..me, du:ribill in ttais AIjI,..,....t sfllB b. on I lu", Sum b,sis ,ndia, 110 Houtly ~hltt\l buts i' de!iglllurd il thl Lluer Agr""l lad IS ber.......~.... 1. 1 L1l", SUm n1hQd of oay_( for TIliOA's ~ireJ sh.IIIPPty" leI al or pun DI . wort stDlM whit. nDl', la.J Cf,n be readify dllfined Indfll4' wh<<e tl'le &1..11I af .ffan rBquirlld 10 lICCOqIiItl lII.lth lil1sh ~n be 1!$1.....led liIrith: . liBUDn.bltl _..- af ICtUI'lIcy. The OWNER $haY mall. .-.tNr III,merns ta TKDA wimin 30 days of dell! of inulu b.Md an In l!I!otimatlld "lI'CllI'ltbll$ 01 c.~n lit TKOA's suwas.. 2. An Hourty Aalll R1hod of paymenl Illf TkbA's ."iCllI $h.d Ip"l, 11) iIIU gr 111m D' I work :sal~ .,tIee nOA's Illb cannot bI r8IJd:~, Ihllinl'tJ iIIOdjpr ..tMn the hvelltl etfon required 10 IccOft1llish.sueh \lsks unnDl hi IllilNllld with Iny rBI!DMbhl dlDQftlB af 1<:WrK\'. UnCIII' ..n Haurtr Rill lIItttIod 01 paynwnL TKOl ahll be . paid lor tlle oCIUal hDl,lfs lWQrtal. CI' III. Prnj.:t b, nOl tll!;hnic&l ".IOMIII limB. 111 huuriy bimng file eSlabGshed I1M' each .-qiloy... Houriy billing rlltas 11'181 in~ude I:lill'9El11111i1ll'1 lor II salJr'f' C.OIls,. plyntll burden. 11I'I...a1 llnd .dnil'dlr,liwe I",.-halld and pllllession,1 r.. .. rile ..nodule ""I h. t........ b! T1(OA II OWNER "l''" "'I,.... In .dditian to 111. fotB&oino. TkDA .bll b, fQu,sad .1 cost for Ihe ronulina DirKl ElplflS81 whM'l incurred i\ lh. por1al1nlllll;llllf lite won; (a' Tr."" .nd dJistenet. Cb) CO","I.SIII"IicIs. (el Outside lI"rusiof1llll1d It!dmitll S8!'Yit1S with (list: d,flned IS tt.. lIrl1Dw\t bW TKOA ]ibis 10ll, IlIl Idsntif~" reprgducrlGn liInd ftpfDQfaplik:coslS. III Dlh.. i9p8flses I... IlidiUonlll1 i'!1WTU ..nd MNicn IS SIt 'anti. m tM lIlt... A.........~ The: OWNER s1u!ln nkl m1IIlbly paynlns 10 Tl:OA wiltlin 30 lIi,.S 01 date 01 infOitfI baud: on COqtll.tilllionl D'IIdA lI'l Ia.aMantl!J .,jda ttq flb,o,B dt~p rDf .mea, pfClviill8d ..a IIi'fDSU irlCllrnld to datA.. 'I;f;OlTOiI!Inil!d b, SJIllJClning evidet1ce IS m1uPd. 8. lbl OWNER will PlIY d\1! bahlllCl! Slited Ilq Ibll invoit8 unlllSl OWMER nftlna TlDA .. writing of m. pmkulaf item lhal i. .lIeged to balnUlrrlEt Md_ 15 NYs 'nJIn the d.lb. 01 ....oi[;lI'. in wtJiI:b CISIl. ONJ Ihe disputed item -II nrmIin und~ until ,.:ltlIWiId by tJll DIf'(fe$. AJ( l~coul1la unpaid IlfuB' 30 dlY' flam ItuI dala .t .rlginll i'lwaa shaD H subjE1ID I seMce chlrge 01 10112" per ""nth. ar Ihe _.iftn'rl lnunt lulhorlZJd by Ill., wtlidlft. is leu, TlCDA Ihal bll anmled It 1llP;0VlII' .n feoJDnBbl-= castS and disbufSlll1lllRt.. ..eluding reo,SOllBbleli1l0mt!Ys feu, inalr1" " C3I1nectian wi" t;oDec;1ing M'IIIunlS lI"ed by OWNER. In addition, nOA INY .h.<< living _In ""s' wriUan IlIIlia to 'IfI. DWfIER, susptnd' _wiess urader II1fs AgtaemBl1( ul\li TkOl hi' bt!Sl1 plid iJ full tor II lmotJl1ts Ihen dUll for ~ites. tlplfl.llIS end chil!ll'gIJS. 0WIlER .\I1l""- thai TKOA, ftl n.t b. IlIIPDftsi'ble fOt .It, dtim far cOl1sequll'llill dlNgls IrisinO Irom IlIsplllSiDl'l elli1llNGsMrlNlllMr. lRnCl~ I. EXTRA WaR. II UDA is of tile opiflio41lha' 141" -'or\ 1"-" h.ve b89ll ~ to p<<1Dn'n is beyond thl SeClpI: 01 thIs Agfll!ft'lltli. 0' tba1 ItB Ilrv& .( In.., teqllired Iignific.lnUy ._cHIb 1fllt es(umllm dua lit dlanged tandhions and 11'1er., conllitutea bU.. work, IItIy WI nolily tnl OWN~ 01 th.t hila. Ettra wllrk. .lIdkional CDfIIflftSlliGn for '''hl, and IIUI'Isian af 1m, ffll;ll,.,til:lft lit,. be m...8d by . SupJI.,..,lIl AgreerJ:n1 an" hUG by bolh 'Iniu. MlTICU: 5. 18UOO.MElT. CIWlG~ Of PLlN AIID TBIIIlIAm. flther Piny h8s tIM right to terminalll tItiJ 'dJMlllfln1 ...mn.... Ny! wrirwt ftOla. In Iddilion. the OWNER my ..I JIlIY In. lW!ucJ IhI ~ of thiJ Agr.......L SUch ,ll.1uttiart WI scops 1hI. be set ront! in t wnrmn noticl tram 1M OWNER II TlDA. II Ihl ft.l ., l.InrOSDINd displltl QIr<< dllfIQII in .ope ... ching8d CGhdRio"s, dUs Agreenwrtl may illIG lte ll!l'llinltlld upon sa"" d.ys' writ... blJtb IS pt'DvidId .1to1e. ~ lh, .....1 01 lII1rinatlon. II do<"""'" fil1isI1erI Of ...-. proplllll b! nDl undllr tnis AO'....t sh" b. made .....I.b.. by nOA In (hI DWNffI tMnNnllD ArtidI!I 6. Il1d therlllttd be 00 funhw otltillluon Ollhll OWNER tD UDl....1h1s Agr......L lIiClp1 lot paYlIWI1 or Imtllun11 due IIld Owllla tot _Oft ~(If1TJ1d .nd upen3IU incurnd III lhe dlUl end time 01 18'n'in.IIion, CD-,ulld .. acaIrUIM:I wid'! tl\ll prOWl8on1 of At\d:l1311ll1,h,I.e1'..~t. In Ihll 1l1/1Ift1 of .. redl.ll:1ion in $CliP' If tile PraiBct 'ftlJr\, TkOA ... be Plid 101' the waR. 'lurlarrrad and tlJlllll1SCS incurred aft thll Prlljlc:t MIl" thw: rwducllId end for arty c;Pfl1llttlld IIfld abandoned -.ork. for .ttich p.ytreIllllas nol It... madl!l. con,ulld " e,utdanee: with ttlt IlrGNilDfU; or Midi 3 .nd the llU. AgniIlT8Il. ARTlCli 6. D1SPOSITIOI Of Pl.lIIl. REPORTS ANO OTHEII OATA A1 the time .f ca""leljon or nmin.ulM\.' the -n., TllJA !Ih.D nh IYlilab111Jl thI a OWNER, alITlIP!. IfBClng1. "110ft!,. IUllIUlU INteritls IIld IItIl. dGalnnu PIlltllM'. 10 Ih. WQfk or ta the froiect- AI BJdI d~ti.. not itt..1I1l1l. or ~fUIll1led 10 b. SlIillble for rillY by tIM DWNER 01 aMs DI 1Xtlll.$KIft$ .f tM ~ ... any 0"* projeCt. Any teu_ wi'chCMll wmtlll1 mfi;attcm or adllpllltion'v' TlD.. flY' die Sl'ec:ilit p,,,,o.. ;"...dld will be II DWNEA', SIIIo risk .nd without iobiq If ..... upo.... 10 TKO&. In this rll\lord, lito OWNER wi! ildomif, .nd 1101; hI_ TCDI "".. on, ond ,t Slin. or dun 01 lf1id pIRie trisiAg OUI of -SlIm flU'" whidI is nDt .t'IIlEificdy nrifild, IdlClllli, DC IUlttorind bf TK01.. kl lite M!D~ e1ec1,onjc tClpiu Df dDCllnwllI.,. mdl nallbll m lbe OWNER IIIJr&lant II) th.e foregDwlJ plt.gtiipt\. Ute DWNER ItbtatwWges ChlI 1M usndlil. ar ..UOIlie medii such II III"IIln.tic. tiPlf: arul/lJt floppy di:sb ma,. hi Mited IHtuIISllI of delerioralion 01 ~ha _iI or eh_~c, of the CO~1I II.Rt....if1 andlOl' Illftwate ~a'terna. Therefore, TKDA nlles no ~ftlSIJItllion that lII.ldllDlldia riM WIy USlbltr b.!.nd ~O d.,. '1011I lItll I' d1Iit..., to OWNER, ARTICLE J. OWNS'S ACCEPTAllet., PURtltUt - In IiE:u IIr Of it ,dd"lIion lo signing the ItC8pWlCl blaM 11II the lttt. "-1. IhI OWNER may IlJlC1Jie dI, eonulCl by luHlDa I purdwa ~ >>toed by · LWy iII11ltlllrin:d ~lUIfI("in. SUdI pun:hll. DrW .... ktcorporIlI hy hlflRlltll the tllll\l anet C8I'IOitiilllU Ilf 1m, Ag~I_ .. till IWRI .t . tlflllin hi.... 1M tmIII and cnarlilians.f this Agnlllmern .."d lhu1 tonllinld ~ ,h. llWJfiII's (IIrdI.. ord., 1M lJa'1m, and conditiDrllollhil ~l.th...-.n. Na~lndinglRJpurdII.erdw prllWions la thI Cilnlrtr'f. no ...mail!!BL ts..... er -.w. WI midi" TICOl. aRTIClE .. OWIER'S IIUPONSl8lUTIElI A. T. pennl TKOA 10 p"'OIIlIIIl. -",IS 10IlI'....~, Ihe OWII~R ..... ..""". in PfllpllJ tine .nd SIlqUlllat, 1M 1011_811 no ..,.. ta QUA; 1. fro.ide..1 f1eceUlIl infOnMUdn realrlflftG its ~ as nICUSlf1 lilt ot-.v pragras of tbs -...ark. 2. Dllsio.d8le in writina-.. pers" 10 let IS OWNER's l'Ip..-lllivl writh r....l II ,h. _ice. I. b. ""dnd uo4er .his Af-""'. _ _ sh&I ..... ""'lharhy {DI transtril ;1I1N~nI. tIE_ ~_ ..... i1fomu&n.. Ml\!!lllf'd 1M dUrN OWNER's plllicils wMb rt:lflld ia TKDl'.. ....... TOUlWlm GbllUl. ...~ OCTDIBI 1113 JUL-08-1999 15:14 e 3. .Fucni5l1,.aJ l1H;luirt!1l for perh,um.1l1ce of TkDA's sli!fvic:1.S (e.,~r t.a t/'tIlll!Jtent plGllidea oth.UWiH tn thl: LeIter Agreement IIr IIny Exhibits .lIUilched herPbJl. (latl prepJIed by Dr seIl'ices DI DlhEn,. iricludill!l without rirnill!llmft. torI borings, prumg.! Brw;L .JlJIl...I,lJct eJpklra~iD,u. hvdrographit: and gl!OhWd11l1llllic SUfWllYs,. laraoralOt~IBiU: and insp!ttinnsaf sa~hu.. materiall and equipn>>nt; IpJlf04lriate profel$!i;lnal unetprefill1oruof all of the flJ"l)G~:M\llrDnm9111all&S8:wnmt Ihd l:n1Ill::1 ,Jt;;llenBlU: Jllllpeny. bOundatY.GsenEnl. tignl-o!,w,ay, UlpDl}llphiCJM UI~i11' .5I,Jflleys; prOPli!l'ly deS!;rJ,lIToI'lt.; toning, dead and olhl!'J land Up feJUiclion: 0111:1 olher $pedal diltl!l nul ttlvl!I'sd. in lb. ll!ttl!Jt Agrlllmrnl Dr IUI' Exhibi1~ Illached hefe~o, 4, PrCllide ~ct:e.ll~ to. ilntl mak.~ all p/ll\lfsion. rOt T1CDA 10 8nt8f Upon fluWicly 01 ponlely Clwned PftlPetlY "0$ required to pltlDl1l1 Ihs wGlk_ 5. All. 3:$ lUiJlIn lIfilh orhl!r aoencies or involved plrlies 10 carry out necfwry tDardillatian Il1d negotiationl: futl1i3h FlIlgrOllUl3 IOd' permiu lrum ill oovsrntrmnlll,ulthoritiaJ hIlling juri$dlcliDn over (he Project ant .wcll ~prov"ls 1M tnnSillRts IfGffl nthell lIS may be nece1SllrV rOJ tllmo4elion of the Pto;m:l 6. Eullinl!l all repftru, stli:lche.s, draMng1. spe.,iliWldons and othet datl.lrntliu preplled Ind presented by TI<DA. oblaftJ aclri'e of .an IlINnBY. inSl.llancc cnunHlar or other. '.$ OWNER de~ nec,.$~ lor $LIl:h lIuniI'l.altian and rndCl in writinG, dllcisons pertaining theretD within l!I ~a.sallabkr lims IlD as nat to dellV 11I1 urvicu of TkDA, 7. Gill!! prDlfllt WriltM no lice 10 TKDA whene'tl'er OWNER IIb_vBS Dt DlIIllIwi:i, bettll'tlll:.: i!Iware of Iny d~l:Iopmenl thai .trllCU the scope Of timing of nOA's ~ll'.$ DI' any d.'ecl in the work of CanstnH::lion Contrl!lE:t1)rl$li Con.$lJltanhllr no!. . 8, initiate Itllon, where pppropria!e" to id8nlify iItld investigato lhe nllUre and IIxlenl ot ube:uos l;Illdlor r>aUutioll ilt th. Projlct .and 10 abate ami/or rtrfJllive lhe !aI1'I! BS lTIllV be f&ljuirB41lly fedsral. slatll or Jaur StaMe. lIrlftnante, cllde. ndlt or tlilgularwn 110111 sli:Uino or hercHlaher ""cted Of Mlendli!d. ror PlItJloses 01 thll Agrlllllllllnt. ~Jullutjoo"ltnd pDllutlnf. sI1a11 .IIn any sDlid. liquid, gaSMUI af th!ll'mal hit,nt ar comarninanf. intluding 5fJI;Ike. WiflOl', soal. ./htls, cnnals and h31lrdl!wu or .Ollit waste. I1lulldllU$ -,r IUle w.ilslll IMaM any sub.lance. WaSIl., poflullinl 0' ClJntBlllillillt now or hereilfttl' includl!d wiri'lin SlIdIllllrlN under any f41dcral, slijle Df kit" .$lalule. ordini!lncE!, I:Odll, rLlll!l lit fllglliltion nllw 1!I~islin9 ar hereini fler etlfc;:led or i1msndad. Wa:5IlI Imtbcr includu fN1eials to be r~YlCled. r&!CDnrlirianellDr redaimed. Jf n::DA eMCClllf"lUlrr, Of reasonably IUsp~ts 11'181 it ha$ ~l:011nl..d. asbellas (It polltJtionln (he Projetl, TkDA shall etlSB it'livilY an lite ProjeCI and pr~lqIdy notify the OWNER, w.lho shaU ptllclNld IS !2t fanh Ibave, Onlm: Qlbswii! :$p1!lC.m~ally prowidCld in thl! letter Agreement. the ~ce.s to be ll'rl'lllided br Tk'DA do not include identirlCaoon at l.1lIma.$ or IlPdUIIM. i!llld TICOA has M duty 10 ltienlify' or 'U~I (D idenlily ttIa sa.... .it!lia the af" of lbe Project. Wilh I'f$p~ tn Ihl!' rotl!lJoing, OWNER id.nowledlles Bnd agreu thill TKO.l tt run .II U$IW. hanlhr, gsnllrllUlt. operlllOf', treater, .$lam. lriln.sponer or di5Poitfr Df .ailbeSllII or poJllllil:ln which may be I!I)(:tQItered by TleDA l:In the. PrnjBcllt i$ furthII' undel'slood and Allreetllh81 servil;e..1 TkOA d undart.h lot OWNER rTWJ be Ullin..rabf8 llblil>>'llia11s imroMng dJe pr~e Of potemial p~ of IIme.5lD.$ or Pllnu,ioo.. Thttlllore, OWNER agrees, except ITI .sqcl\ liabililY iJ$ ~ arise ClUt 01 TkDA'$ $0111 ~liQence in Ibe flerrorlMflce Df servicts under this 'umrtEtu at (2) to 1IIl!: extent of insUllnn conrage available for lhe dain. to hDld hatmlaas, indetmify .lJnd defend TKOA and TKDI', IIlficms, :!llbt:;onlnr~orrsl. Il11IlvyltCll Ind "tents from end againsl anr lIod lilY dHns, ~wlLlils,. i:lltnlQtS. IiIbility Ind casts" including, bu~ not ~mit8d te. CllSts or aflnH. IrisUIt oul 01 or in any wav t:onneclud with .he IlI'f:l:$l!I'tlCB, disdr;I9', f'flfeISCI, 0( escepe of ube'loS or patlu,u.n. This irldsrmilieation AI intlfldCld 10 ~p/y only lei e.i$ting: coooitlDll:i IInd "0' lD clHlditians eauwd or created by TKOA. . 9. Prowide.such accCluntidg. indl!pt;!ndl!llr 1UlS1 l!Slintiling ilInd iI'lslWll'lU counuift" 1eMt8!l a.s mar be refJ'litl!!d 'ot Ihe Pnlittcl, Sllch lIloaf ssrviclIl IS QWNER may l1lqllir8 l;If nOA may tl!aUlnablr requll!Ist wllfl flrglt'd to le;aJ iDlJes penlirling '0 dte Ptllject inc/lldint1' ;IIY lhilt may b8 raiard by ConulcrorlsJ,1UCh IUdii~ing sI!!l'Y~ ., QW~ER mav requir, ID ISCM'tlin nilill' or lor whit purpose InV CGIIlf.CCor ttaj U!d me II'IoCU!Irs p.aid under 1'" construction contract, emf mdl in.llClion Sl!fvica IS QWNER IDlY reqllitllo umt.in Ihll CO"UVCIartsJ Me t'""ltiI1o IWirh MY hIlM, lull, rqu/..tian. ordinance, code Dr DJd.- Ippfitable 11;1 Ihlit furMhino and pttrfenring the "'art. 10, Provide .retord- dtll'Mng$ ind JIlI!'l:irJCB!tiOflS for ii!11 f.lisdng ph,sical plants ar Ilc:iIitil!s which Ife PI!t1~enl 10 Ih8 Pr(l~l. 1 t Pravicl. other _ells, materills. Dr 4Itl .1 may be 'en IIIr'l:h in me Wlil' Agtwsra!nl Ill' &nV Edribics itUildlvd hen:rt:o. 651 292 0083 P.08/09 B. TkDA stlllI b. IIt1tit18cl 11:1 rBlr on 1M liCCUIacy IIlId cQfl1)le~ 01 inrDl'matiatl lurtliJlutd bV lh. DW~ER. II TKDA fir1ds lhet any W1lahnllion lumiJfllIJd by tile OWNn Is III anor IN' is inellRqlJllt for ils purpose, TKOA shill pr~1y nalilv me DWNBL ARTIClE 9. OPIIIONS OF COST O"iniDlls 01 probable Ilroject tO$l, (:qn.$lru~aion l;rn:t fmanclal evaluations. rusibiity smdies. etonarhc aniilty.$l;l..$ ill alll!lnUlll!!I SI'llurinm INI utililarian ton.IidllfiJtio.~ o. operations 811d rni!liru~rl.1';l!I cuts' gtOllidlld fDr in tlla laUer Alllftrllrnt lilt In~ Ed.bin 8t1achetll'lerelD, ate III !Je made 011 Ih@ basis Df TkDA',s eJperiantt and t1W1lifalinns al1d r~p"re.tent TKOA's judg~nt a$" ail II!Ilpl!!ltlMced 1M qu.irlld design praf,uanallt i3 recognqoo.howIWBr, men TICDA d...." lI.ot h'Yl! tonlrDl aVet lhe COlli ollaJlor,lIIItcril~ eQUlpllEnl at $6I'Vi(;IIS Iurnlshlld br llttwS II Ollel martet cDndidDlls crr COmrlC1.oU' method..$. of del.railling lhtit priee3. and lIull any evalution elf Iny 'lcililY 10 be (;DnSlrutl!d. Dr ICquied,. 01 Wi.... 10 be perlorlTJ!d on 1lt8 b.sis of nDA', co$t Dpin~ musl of necessily, be *""1111" unlil COq:JIatian o. toRStruttion at I~uisitiaft. Ar:t.nrdin;ly, T1CDA does nDt gUlrantee thai P'OlIoul.. bids Dr ar:WII eOi'll wiI nol substll'1tia11y 'I1l'f from crllirlfDrls.. ell.llIiltitmJ: or Ilwlias sulNninlllld tr., T1DA 10 OWNER nerMdef. ARTIClE 10. CONSTIlUtTlOR PHASE SElIVICES OWNER ac.nJlwledg~ th.u it is CUSlOnwy far the iWchilect or enginett' who is reJPonsible tor the pr&pllrarioo and furnishing 01 lhwings "net Specil1Ci1tians 1M other ecnsuutlion-rel8Ieddot:umelllllo bIr Iln'flGyllCl to providl prolessional' ~iees durillg n.. Biddintl Ifld tons1IVCtion Pbasas DI the Proiett" 111 10 intetPnlt anti clarify lhe documentatio.. sa tllmi3flrad ad (II !'Maifr the same as rircumnlrw:1IS flWUleCI during: bidding and tons(ructiol1 maV dictelt, (2) il caMlIClion Wilh lu.aptance or subJ1hUle err C1follqU.t items 01 material! and ,,~uiphnt IN'6fInsed by bidrJa" IncI COTlUillt:10rW. PI in eormeclion wbll apJrotla] 01 shot! dra1Qlgs and uqlle S&l~nals. "nd {jIb I ramll 01 ;nd in 'OIpllft" fn nOA"s detkOOg ill Idv"m;e lif ,*fDnlli:rrll:lP of Iff8tted wori inconsislonci8s 01 irrec;!u/lrilies in SlJdl, (IDCI,ln.nlltlon. DINNER. &gr.1 thl[ iI TkDA is 1I0t emplaYlld to provide well prote1$ionll servfa!s dtJring Its<< Bidding lif .hl .Illt; is PUI out hN' bid~l IfId Itle C"n!01nrcllolI F'hiISils af lh. F'raj&et, nDA will nol be r~ f(]r, and OWNER wll ir'Idermify and hold n:DA f.lll1Il TKDA"s PfO'es.sIDllidmociMe.s and eOftllJl[lNJll) h~ hMi, alt cli!lims. dlmagn"losses 1M upense.s including euOlh1!Y.$' fees arising aUI (If. PI" r!SUllirtD 'mm. .n~ inlllJrelltloll, cfarifir:lriun. Mlsti1lrlioo HCCl:ptana. .shOll dr"Wlng ot sa. "pplovar Of ITJidilicllion Df suen dO"IJlTl8l'ltltign issut1! Of carried our by fJWNEA Dt QIHrS. Nothinu cumlined irIlhis parlor.llhshaD ba- Cl!nS'lrued to reAsa$ll!l TI((IA leIr TkDA's profa_nl' .ISOCil!tts or tM~hlnls) frant 6lJbililV rof failulll 10 pErfofm In accoldanca with pro'lWion" stand.rd. In~ dJJIY Df respcnsIbilily which RDA h." underlaken CIf usuDJ:d undl!!J ,his ql'eEMt. ARTlCtE 11. IISURAICE TltOA shan procure and main'ain insur.anu fOl plOlcctiDn frlNn c!liRa: 8!Jaip1t it und. worten:' t:~enSitioll i!lt:ts. clan for dilNgu DCClqR at bDditr in;..r, irltliuiini per$Ilnal inju.,. sitlrnesr Dr d~S8 or d9llh of Iny .1Id all ~lDYi81 Df IlIf IIIr pll'>>n other d\an !lJch tqIloyees, 1114 from daina -98",,11; it for dilmitgU bl!Ic:au. 01 injury to IU destruction al prupeny 11d. klss 01 UN resuf.ihg thlfalralft. Aba, TICDA shall prlilCllrlil ~ maintain proluDa,."lliablny inlUrlflCe for protstllM from claims arising QU' of pBr'llll'MilnC.t of plaJluioflll senit'u CIU.1I'lf by .ny negigenl.ilCt" luor. ar omission fl)I which TkDA is klgally Will. Certificates of ",:wancH wi! be P/'erwided 10 m. DW~ER upan rlC(uesl. ARTIClE lI.lSSIGRMEIIl This Agreemenl" being intendl!ld to I.ICJJ'llhl p8l'un.Jsrvice oJ IrM PdMcIuaflllq)layld by lod rhroltl~h wham TKOA plltfGIIN work hlJl'UrtdI!J. shlU fIG' be aiiigal.lil.lblr!lal trinsfllrred wI1houllht writt"" can,,"1 of thl DWNER_ ARTIClE 13. CON11l0UJMG lAW Thi! Ag~C it ID bll!lllG'VImld br thlIaW's of tile Stlte or MinnanL ARTICLE Ie. ROIl.D1SC1IIMINAnOM TKDA ~11 tOIl1l" wi1h lhe provisions 01 ~"'edetaL sta.., Iftd llell 1t.IUIu.. otd'mltrces Ind' regulazlon! pl!1:linirlg ID twn.n right. and 1I00004iacMnnI00n. ARTIClE 15. SEVEllABlLm An., prowiJion Of ponion 1_1111 m thq ~i wfrid& g hlllU 10 be lJaid or unenlorceClbl:eunder Iftr lew :dIID bI, ~ $trickll!. and Iff remainilg prlWbiam.diil1 con1inl1e 10 be .-Iid .1Id Dding IIst.'lilMn OWNER ItId TKOA. TIDI,-GWlUl Colaw. "'0"$1011 InalEl 1m JUL-08-1999 15:15 651 292 0083 P,09/09 TKDA Project Fee Estimate ,.n eCifuiiWQ:) ........ ..... p~~~~<:<..... .'. pr~;:'i:l:j:~~~'A'~:\.,.. ...... ". ........... '." ...,.....,"'B..,,,.":M~...... ,. .i; ":. ,';~irtlrQ~;~d1P~~5on HiJu;.~:~~ttr~;,'::C...,:tt;: ',:, . .Sr Reg. ". '~~g .. :'SPec.<:[:;;:~:t~~,:;// T~h-S Cllei1t:,i, Arden Hills Prdle\::f:;'i Public Works & Parks Space Study [)~~,~~~k:: Architectural Department ;':':;'::",":.'''n~~~:~,'" ">' .,' " :" ::" ,Task:".'/: .'.f:'-.., , . ........>.::.,. """"',,-..", No. Ta'a'...jj~Striptlon A Interviews/Mto's. & Documentation 12 8 Proqrammino & Analvsis 14 C Develop Schematic Floor & Site Plan 12 0 Conceotual Cost Estimate 2 to E Study Preparation & Dooumentation 18 6 16 10 Total PeTson Hours 56 $102.00 10 $64.00 , 34 $50.00 $41.00 - $ 1,394 $ .. ..:,... 104 $ Esdma{ec1 Hilling RalelHr )( Mulliplier $70.00 'Total Billable for Charged Time $ 5,916 $ . $ 640 $ " . 1:li:pe'nses: " . .' ..... , : Travel 8. Subsistence (TS) ,':' Mls<:eH!lncous (M!) Computer SeNices (CS) 34hr .... Rl8produclion & Reprographill::!I (RR} Outside Servie~$ (OS); CCln.sultant Fn& 7/8/99 daj '.; .; :,:":";:~~ . ',TotQI~';' . 12 22 28 12 28 102 $77.94 7,950 33 $ $ 408 100 CCln$ultanl Mark~Up - :: Totlll Outside Services (OS} .' Totel. Project Fee,S ROUNDED TO 10% $ - $ . $ * $ TOTAL P.09 .>1 - . - Department of Public Works Paul L. Kirkwold, P.E., Director and County Engineer ADMINISTRATION/LAND SURVEY 50 West Kellogg Blvd., Suite 910 St. Paul, MN 55102. (651) 266-2600. Fax 266-2615 Ecmail: PublicWorks@pw.co.ramsey.mn.us ENGINE ERING/OPERA TI ONS 3377 N. Rice Street Shoreview, MN 55126 R~~~'~~ 482-5232 APR 2 8 1999 (lTI Of A\\ULi~ i1lllS April 27, 1999 Dear City Administrator/City Engineer: Re: Replacement of the County Public Works Facility Over the past several years, Ramsey County Public Works has been discussing the replacement of our facility on Rice Street in Shoreview. We have actively pursued the concept of a joint use facility located,in the Twin City Arms and Ammunition Plant (TCMP) in Arden Hills. You have, at one point in time, indicated you may have an interest in entering into a partnership agreement for shared use of this joint facility, e We continue to pursue the acquisition via a lease arrangement with the Minnesota National Guard. Our current plan for development of the facility is joint use with the Guard and, most likely, Arden Hills. Throughout the process, we have intended to make accommodations for other partners provided their use is in concert and of the same quality as that proposed by the base partners, The Guard, Arden Hills and Ramsey County Public Works. Our current schedule is to have the Guard/Army lease finalized by mid-summer. The Ramsey County Commissioners have authorized our department to contract for architectural services that will assist us in determining the space requirements necessary for our functions. This "Space Needs Assessment" is necessary to accurately pin down the cost for the project and will allow us to accurately describe our needs when we come to the table with the Guard. We feel that by doing this independently we will be in a better position to look at opportunities to share space. The space needs assessment study will be done for the County by TKDA and Assoc. They were chosen through a RFP process approved by the Board. The contract utilizes an analysis of our current functions, compares the desires of staff with known established standards and provides a concept floor plan and cost estimate. The assessment will be valuable to us whether the County participates in the joint facility construction or chooses to build a separate facility should the TCMP arrangement not materialize, e If you are still interested in participating in the Joint Facility development project located at TCMP, I would urge your agency to begin a similar process. The TKDA contract is available to you and the enclosure describes the work performed by them. I understand the unknowns of the TCMP arrangement makes this type of study a risk but if you are facing a space dilemma it may be worth the effort. Mlnnesota's First Home Rule County printed on recycled paper with a minimumo1l0515 post.consumer oontent .- City Administrators/City Engineers Page Two April 27, 1999 Please contact Peter Brozek at TKDA if you want to use their services. I would also request that you contact me if you plan on continuing the opportunity for partnership or if you will be looking at other alternatives. ~w P,cl L. K~ Director and County Engineer PLK:vad Enc. cc: Bob Weber, RCPW Project Manager Commissioner Tony Bennett Terry Schulten, County Manager Peter Brozek, TKDA Addressees: Karl Keel, City Engineer City of Roseville 2660 Civic Center Dr. Roseville, MN 55113 Brian Fritsinger, City Administrator City of Arden Hills 4364 W. Round Lake Road Arden Hills, MN 55112 Matlhew Fulton, City Administrator City of New Brighton 803 Fifth Avenue, NW. New Brighton, MN 55112 Gerald Urban, City Administrator City of Vadnais Heights 687 E. County Road F Vadnais Heights, MN 55127 Tom Petersen Ramsey Soil & Water Conservation District 2015 Rice Street Roseville, MN 55113 Mark Maloney, City Engineer City of Shoreview 4600 N, Victoria St. Shoreview, MN 55126 Chuck Whiting, City Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 William Short, City Administrator Township of White Bear 1281 Hammond Road White Bear Township, MN 55110 Bob Fletcher, Sheriff Ramsey County Sheriff's Dept. 14 W. Kellogg Blvd. St. Paul, MN 55102 . . . TKDA TOL TZ, KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED e e e ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101.2140 PHONE:651/292.44OQ FAX:6S1f292-0OB3 WORKS COPE FOR SPACE NEEDS ASSESSMENT PROGRAM Ramsev Countv Public Works Department Proiect Objectives: > Determine the size and physical requirements for a building that will satisfy the facility needs for the Ramsey County Public Works Department now and into the future. ,.. Identify the area of a site required to fulfiJl the needs of the facility. > Determine the probable construction costs for a facility and related site improvements. l\Iethodolol!v: Over the years, TKDA has accumulated a strong background and has gathered base line information on many Public Works and Maintenance facilities. Given the seemingly infinite number of methods of operating Public Works departments and facilities, we find it imperative to work with the emolovees to develop the program and space needs analysis which will reflect their own specific operation methodology. In order to accomplish the objectives listed above, we will perform the following tasks for this Project: > Prepare a questionnaire/checklist for each of the user groups. This questionnaire will request pertinent information on methods of operation, staffing, space needs, and operational relationships, These questionnaires will be given to each user group before meeting with them. > Meet individually with the staff of each group to complete the questionnaire/checklist, and discuss their operational activities and space needs. This meeting will review current space usage, needed space requirements, work methodology and special needs, ,.. TKDA will then collate all the information; prepare a program reflecting the preliminary square foot needs, amenities and site requirements. Included will be proximity and relationship diagrams. > Meet with the staff to review and revise the program. ;;.. TKDA will then prepare a schematic site plan and facility plan to illustrate the area required based on the space program. ;;.. Meet with staff to review the schematics and revised program data, ;;.. Prepare a probable construction cost for the facility. > Prepare and present a draft repon documenting the process, the information gathered, and the recommendations. ;;.. Make revisions based on the draft repon, review and present the final Study to Management. Deliverable: The Space Needs Assessment repon will serve as the basis for the design of new facilities. It will incorporate the information needed for a consultant to work with the Ramsey County Public Works Depanment on the next step of design and implementation of the project. - .: e . . ""'" CITY OF ARDEN HILLS MEMORANDUM DATE: July 7, 1999 TO: Mayor and City Council ~)\ Brian Fritsinger, City AdministratJ~ Codification, Chapters 5 - 7 FROM: SUBJECT: Requested Action The City Council is asked to review the proposed changes to the Arden Hills Municipal Code, Chapters 5 - 7, and prepare for any discussion at the July 12, 1999 regular Council meeting. Staff will be forwarding this information to the League of Minnesota Cities (LMC) who will then prepare a final draft for adoption by the City Council. Backeround The City Council reviewed Chapters I - 4 at its June 28, 1999 regular Council meeting. Staff has since forwarded all comments on these chapters to the LMC. As the City Council reviews the chapters, please understand that the "notes' provided by LMC staff are not all questions. Some of these notes are simple clarifications or responses to previous questions by City staff. The following issues highlighted by staff are those that require the greatest attention. Chanter 5 - Alcoholic Beveraees This is from former Chapter 3 of the Arden Hills Code. Section 500.02, Subd. 3 In order to assist with possible problems with exotic dance clubs, I have added language on nudity. Scction 510.01, Subd. 2, (C) Language has been added to our On-Sale Wine License to allow for the sale of strong beer. (The City Council did adopt this language within the past year.) Section 510.01, Subd. 3, (B) Language amended to allow micro breweries as desired by City Council. Section 510.01, Subd. 3, (C) The Council should clarify its desire on this question. ~ "- Memorandum, Codification, Chapters 5 - 7 Page Two July 7,1999 e Section 510.01, Subd. 7, (C), 2 Language deleted to allow for annual payments rather than quarterly. The City actually began enforcing annual payments in 1999. Section 510.01, Subd. 8 With the change to annual payments, the City Council may wish to eliminate the need for Bonds. The City, in the past, has collected on these bonds for nonpayment by licensee. Section 510.01, Subd. 16 This subdivision is inconsistent with Section 520,01, Subd. 12, Staff will work with the LMC to have language consistent. Section 510.08, Subd. 1 New language refers to State Statute. Section 520.01, Suhd. 12 The LMC recommends a change from 8 to 10 days. Chapter 6 - Nuisances and Offenses . The City Council has not provided any feedback to staff on the language included in this chapter of the revised code. Minor language changes are made throughout the chapter. In general, the topics in this chapter are those about which the City receives most of its complaints, Staff has tried to revise the language in order to assist with response to those phone calls. This is former Chapters 2.5, 10, II, 16 and 17. Changes proposed, or issues to consider, are as follows: Section 600.02, A, 1 I've inquired as to moving this portion of the chapter to another location for easier finding and reading. Section 600.02, D Note change from two (2) years to one (1) year Section 600.02, L & M Note the new additions to the code. Section 600.03 A section has been added to assist with safety issues, such as unshoveled sidewalks, obstructions, etc. . - ' e e e ,"" Memorandum, Codification, Chapters 5 - 7 Page Three July 7, 1999 Section 600.06 I had inquired as to language strengthening our abatement process. The language from St. Peter, with some possible fine-tuning, addresses my concerns. Section 620.04 This has been deleted, as State Law does not allow it. The League has also included sample language from the cities of Big Lake and Greenfield on abandoned property. Staff would recommend that the Abandoned Vehicle/Abandoned property be rewritten based upon the Big Lake language. Section 630.02 The City Council needs to review this section for consistency. Ramsey County did not adopt a curfew ordinance several years ago, as it had indicated it would. As a result, our ordinance is fairly consistent with other Ramsey County communities. Section 630.04 The City Council has historically discussed, from time to time, changes to this section. However, the Public Safety and other committees, have recommended against changes. Section 630.05, Subd. 5 Staff would recommend putting this on the fee schedule. Section 630.05, Subd. 6 Staff would recommend that the City Administrator be the appropriate party for the appeal. Section 630.05, Subd. 8 The City does not follow this. Staff would recommend deletion. Chanter 7 - Lakes. Trees. Parks This chapter now consists of consolidated Chapters 4, 12 and 27 of the current code. Section 700 - Lakes While Section 700 indicates "Lakes", it really only applies to Lake Johanna. The recently adopted ordinance on Lake Josephine will need to be incorporated. In addition to the items below, the City Council should consider whether or not the City needs any regulations for its other lakes. Section 700.04 & 700.06, Subd. 1 These two sections refer to the placement of buoys on Lake Johanna. I'm not familiar with this practice being done. " -, Memorandum, Codification, Chapters 5 - 7 Page Four July 7, 1999 e Section 700.06, Subd. 2 The Council has had conversation regarding potentially changing the speed limit. Section 700.06, Subd. 4 The Council has had conversation regarding a change in hours. Section 710 - Trees and Vegetation Section 710 Does the City want to allow boulevard trees within the right-of-way? Section 710.07 Should this be broadened to indicate that the owner is responsible as a result of any damage from storms and other acts of God or accidents? Section 720, Arden Hills Parks System Section 720.05, Subd. 5 Does the City wish to allow horses on roads or other trails? e Section 720.05, Subd. 9 Does the Council have any interest in banning snowmobile operations in the City Limits? Section 720.06, Subd. 8 The City Council should specifY a specific distance to be able to defense this item. The Council has had discussions regarding the disposal of open space sites. The City Council may wish to add language to address this issue. A sample would be: Property that has been acquired by the City, by any means, as recreational or open space sites shall not be directed to other uses or disposed of by the City, except in the following manner: A. B. C. D. E. F. Parks & Recreation Commission Recommendation; Public Hearing; Majority Vote of City Council; Replace Disposed Property; Appraisals Funds Exclusion to Parks e e e e ...... ..... Memorandum, Codification, Chapters 5 - 7 Page Five July 7,1999 Recommendation Staff recommends the City Council provide any final comments on Chapters 5 - 7 of Arden Hills Municipal Code, and further direct staff to prepare Chapters 8 - 10 for review at the July 19, 1999 Council Worksession. I' I I" I I I I I I - I I I I I I I ft I . "-"'. -..' City of Arden Hills Chapter 5 Alcoholic Beverages Chapter 5 Alcoholic Beverages Section 500 - In General 500.01 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: Subd. 1 Beer or Nonint6xiellting Malt Liquor. "Beer~ or Nonintexiellting "Malt Liquor" shall mean any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths (3.2) percent by weight. 'Reference "may l..,'~'.'",;,.k."'.""._,. ",;,,~-,,:"""'''''':;''''' also be made to the.t~I'!ll'".3 .2.Il.!~Jt=!iqubr~wl1.i~h...sha)1.nie~I!the_~:\!ll~;!~~~.nialt-'li~~r~~ ~: The term "non-intoxicating~ is no longer being used, replaced instead by just "ma1t~ liquor or 3.2 malt-liquor. Subd. 2 Beer Store. "Beer Store" shall mean an establishment for the exclusive sale of beer:.. or maltJiquo1:, with the incidental sale of cigars, cigarettes, all forms of tobacco, .. .. .. '^ ""''''-'~~-'''''_. ,,,,,,,,,,,,,,"' beverages and soft drinks at retail. Subd. 3 Bona Fide Club. "Bona Fide Club" shall mean with respect to the sale of beer or malt liquor, a club organized for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of beer pr riIil1tliqUor is incidental to and ,"'-'-.",^_"",:";'.c""'~ '_"'. ..' ft., 5-1 . City of Arden Hills Chapter 5 Alcoholic Beverages not the major purpose of the club. Subd. 4 Club. "Club," with respect to the sale of intoxicating liquor shall have the definition given in Minn. Stat. 340A.10l, Subd. 7, as from time to time amended. This statute is hereby incorporated and made a part of this Code as if set out here in full. N2k: The difference in definitions between this chapter and the zoning ordinance should not be a problem as they appear to be regulating different activities. Subd. 5 Drugstore. "Drugstore" shall mean any establishment where drugs are kept, compounded, and sold if it is at all times in charge of a registered pharmacist or of a registered assistant pharmacist during the temporary absence of the registered pharmacist. N2k: This is a statutory throw back to the days of prohibition, but basically allows drugstores to store alcohol necessary for medicinal purposes. Subd. 6 Exclusive Liquor Store. "Exclusive Liquor Store" shall mean an establishment used exclusively for the sale of intoxicating liquor, with the incidental sale of cigars, cigarettes, all forms of tobacco, ice, cork extraction devices, books and videos on the use of alcohol, I16IDnt6Xiellting beer and malt beverages, and soft drinks at retail, either on sale or off sale or both.Ell.tertilinnientJ'Q"the:exteilfauthoriZed1jy';StllteJaw'ftiay-be'pemutred """,~_;"'.;~ "'_'.'",.l"",,,,,,,',"'*,,~~.;3....",,",,,,:u^,,,;;;,,,,,,_~.;...~,,.....""-"'''''''''''~''''~'\'''''' _, """~_","__"~.^,'_'.,, '^""';<:1_'~ _,.. ,",^,~.k ^;....>,...'"".....""-.,;..1.;., flnthelicen,sed'pr~IlJises. It shall be under control of an individual owner or manager. N2k: City had an "Le. bowling alley" after this section. Bowling alleys would be considered more than just entertainnient and are specifically addressed in 340A of state law. 5-2 . '. ~ I I I I I I It' I I I I I I ~ I r I Ie I I I I I I .e I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 7 Hotel f ~otcl. "Hotel" or "Moter shall mean an establishment where food and lodging are regularly furnished to transients for a price. For specific requirements with respect to a hotel qt.motel, reference is made to the statutory requirements imposed thereon by Section 340A.101 Subdivision 13 of Minnesota Statutes as from time to time amended, which provisions are incorporated herein by reference and made a part of this Code as if set out here in full. ~: Again, the conflict with the zoning ordinance should not be problematic as this follows the state definition for the purpose of alcohol. Subd. 8 Intoxicating Liquor or Liquor. "Intoxicating Liquor" or "Liquor" shall mean distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight. The term does not include ethyl alcohol or neutral spirits or substitutes therefor possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Subd. 9 Off Sale. "Off Sale" shall mean the retail sale of beer, iUalt liquor, or liquor in the original package for consumption away from the premises where sold. Subd. 10 On Sale. "On Sale" shall mean the sale of beer, JU3.ltliquor, or liquor for consumption on the premises only. Subd. 11 Original Package or Package. "Original Package" or "Package" shall mean any corked or sealed container in which the beer, iIiliJt;Jiqu6r, or liquor is placed by the "'.............""''''-'c.,'.. ~'._,_. 5-3 City of Arden Hills Chapter 5 Alcoholic Beverages manufacturer or distiller. Subd. 12 Restaurant. "Restaurant" shaU mean an establishment in which the major business is preparing and serving meals to the public to be consumed on the premises, and with respect to any restaurant seUing intoxicating liquor in addition to food, reference is made to the statutory requirements imposed thereon by Section 360A.I01, Subdivision 25 of Minnesota Statutes, as from time to time amended, which provisions are incorporated herein by reference and made a part of this Code as if set out here in full. Subd. 13 Sale and Sell. "Sale" and "Sell" shaU mean in addition to the accepted meanings, aU barters, gifts and other means of furnishing beer or malt liquor or liquor in violation or evasion of this Chapter. 500.02 Prohibited Acts. Subd. 1 Inducement of Minor. No person shall induce a person under the age of twenty- one (21) years to purchase or procure intoxicating liquor or beer or ilil4niquor. 1_.",,,~,,,,,,..''''__.L.._~. Subd. 2 Clubs. No club shall sell liquor or beer or ffiliID!g!l2! except to members of the club or guests in the company of members. 5-4 .. I -. I I I I I I eI I I I I I I I -- I I' I. I I I I I I I ~. I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages ~11~flZ~.-Nii,~i!Y::::N.()].,~.t~9!!:,saanM:~nowed to be3jrJc;rriai,n2IlliceIl5,~dl't~inises, nor ~~11~y}ic:~11.!'.~~~@t@Yjj~~S2~~b~o~reinllin()~th~licensedpre!lJis~fifthe person's buttotks, anus,; 'genitals', ' pubic area, or in the case of females the breast belbwthe top of ""~"."-,.~,""".",_<".;"",,,_, ,.,~,,,. _..,.'_._.._,._..,....".c.~.r'. ""'> "__,_"',,,_,,,',""; .< ..,c',.,_. ;,.,. ',' -_.' .-' ..._,..-"." ,.... areola, .are not toveredbya:iibpaque material. ',_ .,'<....._ " .....'_,";,_.~,' ,..".",,' ,,_,'''','' '..'"^,,.~_.,.;,_ .~. ;-':;_'_"'~"_'" . '" "0" .".... -", " Section 510 - Intoxicating Liquors 510.01 Licenses. Subd. 1 Required. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without fIrst having received a license to do so as provided in this Subsection. Licenses shall be of four (4) kinds: "On-sale," "on-sale wine," "off-sale," and "club" licenses. A special "Sunday Sales" license shall be required for the on-sale of liquor on Sundays. Subd. 2 Classification. A. "On-sale" licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores and shall permit on-sales of liquor only. The Council may, in its discretion" grant on-sale licenses to the maximum number permitted by the laws of the State of Minnesota. 5-5 City of Arden Hills Chapter 5 Alcoholic Beverages B. "Off-sale" licenses shall be issued only to drugstores and exclusive liquor stores and shall permit off-sales of liquor only. C. "On-sale wine" licenses shall be issued only to restaurants meeting the qualifications of Section 340A.I0l Subdivision 25 of Minnesota Statutes, as amended, and shall permit only the sale of wine not exceeding fourteen percent (14%) alcohol by volume, for consumption on the licensed premises only in conjunction with the sale of food; provided, however, that in no event shall such "on-sale wine" licenses be issued to "fast-food restaurants" as that term is defmed in this Code.. Further; the holder of an on-sale winelicenseisstieduridet:.this , ..-,... "..h"' .. '" -., -", . .......,.. ...:...~.......;,_.., '.;.....; ~",,,,,,"'''.'., Chapter whoalsOhblds lll1 on-'sale beer/ma:1t liquor license issued'tIlldefthisChapter for the same,establishn1ell.t~s the. on-sale . ~ine .license i~.4eI4;;~~!1,~.;Y!.!l.9~\(..gtg,~~ receipts are at least sixty (60) percent attributable to the sale offoOdrnillylils0:sell . .. ,', ,."_ .... - .." . .." _c. '_"_"" . .... ,','-'.. ":""_' _.._ .. .',','., ".~""""""';;",.,,..: .. ."" .....'f"'\'-"....,""., intoxicating beet!IIliilt liquor for consumptiofiorithe'licensedptemises-.Withoiit .... '.. .. ,-, -.>0". ,'"'' "'"" '-"_ . '_- _ '^ ... .. _'-" _.,_., .. ;.;",. '. ..-." ~ ..,~""',:,-",,,,~,""_' pbtaining all ~dditio.'\llI license. All references in this Chapter to "on-sale" licenses or sales shall be deemed to include "on-sale wine" licenses or sales unless the context in which the term is used clearly requires a different interpretation. D. "Club Licenses" shall be issued only to incorporated clubs which have been in existence for fifteen (15) years or more or to congressionally chartered veterans' organizations which have been in existence for at least ten (10) years. ]SQk: Although this is more restrictive than the Statutes, it is based on the statutory 5~6 .. .1 I I I I I I I - I I I I I I ~ I I' ~ I I I I I I . I I I I I I ~ . City of Arden Hills Chapter 5 Alcoholic Beverages requirements. The Statutes are equally vague as to whether the club must exist in the city or just be in existence somewhere for the stated period of time. The statutes is most likely to be interpreted as meaning the club has had to have existed somewhere and that the existence is verifiable. The city, however, could specifY the requirement to mean that the club must exist within the city limits. E. "Sunday on-sale" licenses shall be issued only to on-sale licensees which have facilities for serving' at least thirty (30) guests at anyone time, which are in compliance with the requirements of the Minnesota Clean Indoor Air Act, and which shall serve intoxicating liquors only in conjunction with the service of food. A "Sunday on-sale" license shall not be needed for on-sales made by on-sale wine licensees. Subd. 3 Persons Ineligible for License. No license shall be issued or transferred to, held by, or renewed for any person: A. Who is under twenty-one (21) years of age or who is otherwise barred from holding a license under State law. B. Who is,'bi-Wnobiis-ICllirecrofindiiecrjIllel:t\s(m, a manufacturer or wholesaler ~<{".,,,,,,,<-,-~,,;-~,,,,,,,,,~~~j.O,~^,,,,,;,,,~-,,,-,,-~,,....,,,,.,,,. of intoxicating liquors. , but tfii3 re3ti'ietiefi 3hllll net lire. eM the b3t111nee of a lieeme faf 1'8.3'6 premi3e3 ~.rIhere. a maoofaemrer or -.vRaleJaler 7~ liJ a 66ftf1 Hae 5-7 City of Arden Hills Chapter 5 Alcoholic Beverages owner ef the premises prier te Ne...eml;er fint, 1933. Nl!1e: This section follows Minn. Stat. 340AA02 but does not exclude brewpubs as they are excluded from the definition of manufacturers, etc. by Minn. Stat. 340A.33. C. Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this Subsection. ~: A number of cities wish to restrict the number of on-sale establishments a person can operate within a city. State law limits a person to one off-sale establishment per city. This section can be modified, or even removed, if the city desires. D. To whom, in the estimation of the City Council, based upon the results of the investigation performed under Section 340AA12 Subdivision 2 of Minnesota Statutes such issuance, transfer or renewal would not be in the public interest. State law reference-Persons eligible for license, Minn. Stat. 340AA02. E. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. \ \ F. Has, within five (5) years prior to the application for the license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating 5-8 '1 I . . I I I . I I I I I I I I' ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 5.Alcoholic Beverages liquors or beer or malt liquor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; Subd. 4 Places Ineligible for License. A. No license shall be issued to a drugstore until it has been operated continuously for two (2) years prior to the application. B. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. C. No initial license, as contrasted to a renewailicense, shall be granted for any location within five hundred (500) feet of any school or any church: In the event that a renewal license is sought for a location which was not objectionable under this provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within five hundred (500) feet of the location after the initial license was issued. D. No license shall be issued for any premises owned by a person to whom no license could be issued under the provisions of State law. 5-9 City of Arden Hills Chapter 5 Alcoholic Beverages E. No off-sale license shall be issued for any place where nomflt8xielltiflg malt beverages are sold on-sale, except as permitted under the provisions of Section 340A. 412 Subdivision 6 of Minnesota Statutes as time to time amended.. F. No license shall be granted for any place, except an exclusive liquor store, for which a license of another class has been granted under this Section. State law reference-Where sales forbidden, Minn. Stat. 340A.412 Subd. 5 Application Note: This subdivision has been reorganized per city's request. A. Form. Each application for a license under this Section shall be in the form prescribed. by the liquor control commissioner and the bureau of criminal apprehension, oriliriapplicatiori provided by the City" Adrii.inistrato. r. _N"_ ':"_>_" ""-''''''';'' ,_.' ,_',_""',._., ..".'_ _.',~.. .._~,..;,....-"-""_,'_,"'.__", '0 ,-.... B. Information. Each application shall state the name of the applicant, his or her age, representations as to his or her character with such references as may be required, hh Of her eilil:eoohil', whether the application is for on sale or off sale, the business in connection with which the proposed licensee will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, propfof;iriSuriiIlCe as'required.bythis . ...,...-,;-~~"""",~.'.w."""",~",,'~"'.,;_..,.~ ':.'."".:.-'..',,~ ..,.._,.-'....-,_"'.,,.. _',..', ...., Sectionaffil'in'accotdance With 'the'tequirementsofStiltelaw, the information ~.;".., .," ..d','.;:.'"H''''',..,'.:...., ..,,"~'."':.._ "-",_,.,' . _ ......,~....".~c':..' ,-""-',, ""~t..,':';"",".,,.. ..., '.. . _'",,' ._; '. '.' _._".-,~. .,,_,. ....,'~.. "'_. '__ ,,'om required under Subpart E, and such other information as the Council may require 5 -10 .. '1 1 1 1 I I I . I I I I I I ~ I I' ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 5 Alcoholic Beverages from time to time. Applications for an on sale or off sale license on behalf of a corporation shall include, in addition to the foregoing, information as to the names, addresses, and occupations of all stockholdershqldillg tenpe!cent()r.~ol'e of the corporati()l1:s~tock, and officers of the corporation. C. False Statements. No person shall make a false statement in an application. Providing false information shall be grounds for denial or revocation of the license. D. Verification. Every application for the issuance, transfer or renewal of a license to sell liquor shall be verified and filed with the City Administrator. E. Area Information. Each application for an on sale liquor license shall include information, on forms to be provided by the city, setting forth the area of the establishment, including the adjacent ~ideWll1k;parkirtgl6t;'i:lr:()thel""llb'iIttmguutd!iOl:' _.,,",,_'..;." A._ :, "'0" ,'.... ;.,"~... .. '.,". :.<",_..".,;__",",.. ..'"",'0'<>-"',"" _...._."_'_..._ ,"~^._o>'.." ,,,",,,;=._A,'.U,,,.-,,~,'_ ,~;'J".,,.~,,,,,,.,, area that maYbe used Jor outdoof'Seatmg;which is proposed to be utilized for the c..., .. ',.... ,,~_ ""."""""""_.__>'_",,.,"-"-_',,, -.' ',__" -", , ",....~. ,'. "'_.. "",_..... ,.:."".;~,;;..~'-~ -, .,,~ purpose of sale or consumption of liquor. The information provided as to such area shall be verified by the City Administrator whose report thereon shall be promptly submitted to the Council with the application. N2k: City could require scale drawing if it wants, but that might be more detailed than necessary. It is in the area description, however, that the possible use of outdoor areas such as sidewalks and parking lots must be provided for. 5 - 11 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 6 Investigation. Upon initial application for an on sale license or upon application for transfer thereof, the reliee ehief the'City'sdesignatedJ.aw.e. ilforce.m. ent agency shall ;,,,,,..,,,,, '_,'_.;:. ~'., .,.h-"';'; 0_' ,,>, '. .. _ .. ,"" .. .. .... .. .. conduct a preliminary background and fmancial investigation of the applicant. If the Council deems it to be in the public interest, it may request: A. The relice eWef City'sdesigIliltedlaw eilfotcemeritagency or the bureau of """".,..."'.;..,..-...,......... -..'....,..".,-. ,..,.",-, -,..,'>....,_...._-,.,;...." criminal apprehension, through contract therewith, to conduct a more comprehensive investigation of the initial or transfer applicant; or B. In the case of a renewal applicant, the reliee ehief City's designated law eilforcement agency to conduct a preliminary background and financial investigation of the renewal applicant. State law reference-Investigation of on-sale license applicants, Minn. Stat. 9 340A.412, Subd. 2. Subd. 7 Fees. A. Required. Before any license shall be issued under the provisions of this Section, the applicant therefor shall pay the license fee(s) and the investigation fee required by the Council as established by resolution from time to time adopted. B. Determination. The Council has determined that the licensing of "on sale" 5 -12 .. I -. . I I I I I . I I I I I I I 8t I I I f' I I I I I I 'e I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages liquor establishments within the City imposes substantial additional responsibilities and burdens, both immediate and potential, on the City with respect to conducting background and financial investigations of the applicant, policing and supervising of the establishments and the traffic that comes into the City for the purpose of patronizing the establishments. The Council has further considered that the operation of the establishments may well become a nuisance, and the license fees therefor should be set with this factor in mind, as well as the factors of administrative expense and items of City expense such as police investigation, supervision, fIre protection, road maintenance and the like. The Council has further determined that there is a defInite relationship between the burdens, responsibilities and risks of the City with respect to the on sale liquor establishments and the area in the establishments which is utilized for the sale and consumption of liquor. C. Payment and Disposition. 1. All applications for on ()r off sale licenses, or special club licenses shall be accompanied by certified check or money order to the City treasurer for payment in full of such fees. 2. With refereaee te 6ft 3ak liqttor Ike.Me fees, an, fetlrth of the liee.me fee llJ detef1flifted and fixed by t:fte Ceuneil Jflllll be pllid 'odele the bSl1ll11ee of the licel13e,.ene fetlrth 6fa~ ke 3hall be p8.L~ 8Rer befere /...pril fl:f3t afthe 5 - 13 City of Arden Hills Chapter 5 Alcoholic Beverages leaf ',',hkh blhe 3ubjeet 6flhe liw~e, ene f6tirth 6flhe fee b) Jl:Il) Hnt 8f 3uch year, and the renlB.inmg eft' f'6urtf1 of the fee 3hall be paid b) Oet66er fir~t elf the ) c:tH n hkh iJ the Jt1bjeet of the lkeme. 2. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license the treasurer shall refund the amount paid with the application, D. Refund. 1. Except as provided in this Subsection, no part of the fee paid for any license issued under this Section shall be refunded, nor shall any portion of the fee determined to be due for a license issued under this Code be canceled. Applications for refund of liquor license fees may be considered by the Council when the operation of the licensed business has ceased for any of the following reasons, to wit: a. Destruction or damage to the licensed premise by fIre or other catastrophe to such an extent that the licensee ceases to carry on the licensed business; b. Discontinuance of the business of the licensee by reason of death 5 - 14 I ~ I I I I I I -- I I I I I I I ~ I I' ~ I I I I I I ~- I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages or illness of the licensee; c. A change in the liquor status of the municipality which makes it unlawful for the licensed business to continue. 2. In the event of application for refund fOr any of the foregoing reasons, which application shall be made within thirty (30) days after the happening of any such event, the Council may, at its discretion, refund a pro rata portion of the license fee. State law reference-Refund of fees, Minn. Stat. ~340A.408, Subd. 5. Subd. 8 Insurance. J::i!llf: The references to bonds were marked for deletion because they are no longer required by statute and city had a not saying to delete. A subsequent note, however, indicated that the city has recently collected off a bond. What is the current practice? City may require bond even if statutes don't but the conflicting notes rnade it impossible to know what the final decision was. A. A JIm:!) bend, liability insurance policy, er in liell !hereof ell3fl. or Unitea S!IlteJ Co .e.rrunent Bemh ef equh'lllel'lt ll.llrket ...llIue, in the amount established by Council Resolution, but in no case less than State minimums, shall accompany each application for a license required by the provisions of this Section. 5 - IS City of Arden Hills Chapter 5 Alcoholic Beverages B. All such b5lielJ er policies shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions of the bond. In the event of the forfeiture of any such bond or policy for violation of law, the court may forfeit the penal sum of the bond or policy or any part of it to the city. C. The security offered under paragraph (a) shall be approved by the City Council and in the case of applicants for off-sale licenses by the state liquor control commissioner. Sl:Irety b6fiaJ llOO Liability insurance policies shall also be approved as to form by the City attorney. The operation of the off-sale or on-sale liquor business without having on file at all times with the municipality an effective b6M;- insurance policy, er ether Jeel:lri~ lIJ required in pllrlltrllflh (ll-), shall be grounds for immediate revocation of the license. All sl:Ieft belfldJ or ether Jeetlrity Jhllll be; ee>flditielied liS rellews. 1. Thllt the lieeflsce .fill ebe)' the Ill.. related to !he lieell3ed 1'II:Isiness, 2. Thftt the: lieero~' "",ill 15ft) t8 the. mtlnieipaIit) nften Btle 8,11 taxe3, lieeme fcC3, peftt\ltie3, dRd ether eharge3 pra , idea by 18:;;; 3. Thllt in the Cycftt of lift)' vielatieli of the proYisi6113 of lllI.) Ill.. relating to the retllil eff Silk llOO en Silk of iftt5xiellting liquer, SUefl 1'Iond, polky, or ether seel:lrity shall be ferfeitea Ie the dty. -' 5 - 16 '. ~ I . I I I I II I I I I I I I " I I' ~ I I I I I I '- I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages 4. That the lieemee will I'll) to the extt:nt af tile prmdpal Rmfiunt Dr the band, palie), BY ~eetlrit), any a.frlhft.~~3 fer deam Of injulJ eltt13ed by ay re'11llmg CrBID tile -,i6l11tion of ltfIY pro. bien Bf Ill,; relating /hereto, and in .:H1ef1 e.a3eJ leeOlel)l:looer thiJ paragrftfJR (4) may be had from the :3tuety 8ft the baftd ay 1ft, pelky. The am.8tlftt Jpe:dfied in the bena af peliey i3 deelared te be a peDftlt) . Subd. 9 Granting of Licenses. The City Council may make, or cause to be made, an investigation as it deems appropriate of the claims set forth in ,the application. The Council may Ill,,,, if it deem, it advisable, shaH may hold a public hearing relative to the issuance BY nfl13al of any license under the provisions of this Section. The granting of on-sale and off-sale liquor licenses shall be discretionary with the council. No off-sale liquor license shall become effective until it, together with the bend proof of insurance furnished by the applicant, has been approved by the liquor control commissioner. Subd. 10 Subject to Law. Every license issued under the provisions of this Section shall be granted subject to the provisions of this Chapter and of any other applicable provision of this Code or ordinance of the City or State law. Subd. 11 Notice to State. The City Administrator shall, within ten (10) days after the issuance of any "on sale" license under this Section, submit to the liquor control commissioner the full name and address of each person granted a license, the trade name, 5 -17 City of Arden Hills Chapter 5 Alcoholic Beverages the effective license date, and the date of expiration of the license. He or she shall also submit to the liquor control commissioner any change of address, transfer, cancellation or revocation of any "on sale" or "off sale" license by the Council during the license period. Subd. 12 Duration. All licenses issued under the provisions of this Section shall expire on the last day of December of each year. Each license shall be issued for a period of one year, but if a portion of the license year has elapsed when the application is made a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any expired fraction of a month shall be counted as one month. Subd. 13 Renewals. Applications for renewal of an existing license issued under the provisions of this Chapter shall be filed with the City Administrator on or before November fIrst of the year preceding the year which is the subject of the license. Subd. 14 Transfer. A. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. Application for transfer shall be made in writing to the City Administrator and shall be accompanied by certifIed check or money order payable to the City treasurer, in: ~e amount [IJCed fromt!me totirn!.~Y]~~J:;o\lp.<;:i1 as the transfer fee. The council 5 - 18 '. ~ I I I I I I II I I I I I I ~ I I' ~ I I I I' I I Ie I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages shall make or cause to be made an investigation as it deems appropriate regarding the transferee or the proposed location. This provision shall also apply in the event of application by a corporate licensee for transfer of stock in the corporation, provided that no transfer fee shall be charged if the transfer is the fIrst within the period of the license or the stock sought to be transferred does not constitute fIfty (50) percent or more of the outstanding common stock of the corporation. It is hereby made the duty of the officers of any corporation holding such a license to notify the Council. of any proposed sale or transfer of any stock that reslJlts:m another person holding te9- or riJ.~~~pe':.cent interest in the corporation. The transfer of any such stock without the knowledge and consent of the Council shall be deemed sufficient cause for revocation by the Council of any license granted to the corporation under the authority of this Subsection. In addition the corporate officers shall also notify the Council whenever any change is made in the officers of any such corporation, and failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to the corporation B. The tralufcf af 3teek in ftRY corparliti6fi balding an 6n ~a.k ar afr Jftl, liqtt6f lieeruc in thb Cit) .'3hall be deemecl 5. trftfl3fcr -.vitftin tfic meaning af tbi3 Stll'3eetioa, antI ne :rtleft k8.ft3fer af 3teek 3ftalI be made. "uhhal:it the e81l3ent af the c6t:ll:lcil.. Subd. 15 Display. The license issued under the provisions of this Section shall be posted in a conspicuous place on the licensed premises at all times. 5 - 19 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 16 Suspension and Revocation. The Council may either suspend for up to sixty (60) days'; or revoke any liquor license upon a fmding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 15.0418 to 15.0426. State law reference-Revocation, Minn. Stat. ~340A.415. 510.02 Responsibility of Licensee. Every licensee under the provisions of this Section shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquors shall be deemed to be the act of the licensee as well and the licensee shall be liable for all penalties provided by this Section equally with the employee. 510.03 Hours of Sale. The hours of sale for licensed intoxicating liquor establishments are restricted as follows: Subd. IOn-sale Hours. No sale of intoxicating liquor may be made by an on-sale licensee: A. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. B. After 1:00 a.m. on Sunday unless the licensee has also been issued a Sunday on-sale liquor license. 5 - 20 .. ~ . I I I I I . I I I I I I ~ I I' I ft I I I I 1 I 'e 1 I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages C. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25 unless December 24 is a Sunday and the licensee has also been issued a Sunday on-sale liquor license. Subd. 2 Sunday Sale Hours. A licensee which has been issued a Sunday on-sale liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between 10:00 a.m. on Sunday and 1:00 a.m. on Monday. Subd. 3 Off-sale Hours. No sale of intoxicating liquor may be made by an off-sale licensee: A. On Sundays. B. Before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday. C. Before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday. D. On Thanksgiving Day. E. After 8:00 p.m. on Christmas Eve, December 24. F. On Christmas Day, December 25. State law reference-Similar provision, Minn. Stat. ~340A.504. 510.04 Hours of Consumption. No person, including the licensee and his or her agents and 5 - 21 City of Arden Hills Chapter 5 Alcoholic Beverages employees, shall consume intoxicating liquor on the licensed premises after the hour of 1: 15 a.m. 510.05 Hours of Operation. No person, other than the licensee and his or her agents and employees, shall remain on the licensed premises after the hour of 1 :15 a.m.; provided, however, that with respect to any "on-sale" licensee, no intoxicating liquor shall be displayed by such licensee after 1:00 a.m., the hour after which the sale of intoxicating liquor is prohibited by Chapter and by Section 340A.504 of Minnesota Statutes. 510.06 Display During Prohibited Hours. No on-sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited. 510.07 Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on-sale" or a permit from the liquor control director under Minnesota Statutes, Section 340A.414 and no person shall consume liquor in any such place. 510.08 Minors. Subd. 1 Employment. N 6 perJ511. 1I11.tkr Hit: !ll;E 6f t." ell.t) 5Ile 3hall be EmpIe) ell ill. any reOffl:3 eell.Jtitlitill.g the plae!: ill. whieh intoxieatill.g Iiljtler3 are 36111 at rc:tllH "ell. 3ale," elfeept that per3811.3 1I11.tkr 21 btlt lit Jea3t 18 yeam 5f age may be employed lI3 ffil:t3icillflS 5Y tel perferm the IIl1tiC:3 ef Jtleh a3 ~e:rvi~, ~~l<ing, table; b1l33ill.g er lIiJhwa3hing 3eyviee3 ift 5 - 22 I . ~ I I I I I I -- I I I I I I I ~ I I' I ~ I I I I' I I . I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages plaee3 defll1ea e.it1ier in thb Ch8:p~r ef in Chftpter 3-40/~ af ~:linne38ttl StMuteJ, B.J the. elUe may be, ft~ a "restatlrftftt, tl "hetel" 8r"m6t.~r' 3er"(ing feaa in reem3 in which intexic:atilig liqtl6fS life S61clllt retllil "611 SIlIe. " N'()jJ~r~()li~~~r.~.~.ag.~of~t,~!t~llenter a licensed EqlJgr . establishI11eli~ ,.~~cel'! :!~:,p~@itt~~:By,~~l!j1\1t~2:f(Jr~1!l1'1(j~etJ.~purposes '... the consumption of meals, or to 'attehd 's6cial'functi6ns ili'iiiJ.'iirea separated from the serving ._ _, '':';', ".... ,.., .....' ,.'... .. "",.J,-,, _ ',_" ."...... ;'.0,._,,'..'..". _~"'_ -'.,_.;..v_"" .. ~,.";"'....;_"b'-~ ......;.;,,'__."- ~.", ;'.~.<.'" .OJ,". ..,. __0'-._ .-.~'. _.J ,:.. ."."" ,," ..' .. .. c'.. p[alc(Jhol. State law reference-Similar provisions, Minn. Stat. ~340A.503. Subd. 2 Procuring. No person shall give to, procure, or purchase liquor for any minor under the age of 21 or other person to whom the sale of intoxicating liquor is forbidden by law. State law reference-Similar provisions, Minn. Stat. ~340A.503. Subd. 3 Parental or Guardian Consent. No person under the age of 21 shall consume any intoxicating liquor except in his or her parents' or guardians' home and with his or her parents' or guardians' consent. Subd. 4 Misrepresentation of Age. No minor shall misrepresent his or her age for the purpose of obtaining liquor or three and two-tenths (3.2) beer or malt liquor nor shall he or she enter any premises licensed under this chapter in order to procure such beverages, or to consume or purchase or attempt to purchase, or have another purchase for him or her, such beverages on the licensed premises. 5 - 23 City of Arden Hills Chapter 5 Alcoholic Beverages State law reference-Similar provisions, Minn. Stat. ~ 340A.503. 510.09 Delivery to Minors, Drunkards. No intoxicating liquor shall be sold, furnished or delivered for any purpose to any person who is a minor under the age of 21 or to any person obviously intoxicated or to any of the persons to whom sale is prohibited by state law. State law reference-Similar provisions, Minn. Stat. ~340A.502, 340A.503. 510.10 Gambling, Disorderly House. No licensee under this Section shall keep, possess, or operate or permit the keeping, possession, or operation of, on the licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used as a resort for prostitutes or other disorderly persons. State law reference-Similar provisions, Minn. Stat. ~340A.410. 510.11 Ownership of Equipment, Fixtures. No equipment or fixture in any licensed place where intoxicating liquor is sold shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor. 510.12 Refilling, Tampering with Package. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refIlled or partly refIlled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any 5 - 24 '. . -- . . I I I I . I I I I I I I .. I I' ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages original package so as to change its composition or alcoholic content while in the original package. Possession on the licensed premises by any licensee of any intoxicating liquor in the original package differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed, or tampered with. State law reference-Similar provisions, Minn. Stat. ~ 340A.508. 510.13 Ethyl alcohol, Neutral Spirits Prohibited. No licensee under this Section shall keep ethyl alcohol or neutral spirits on the premises or permit their use on the premises either alone or mixed with any other beverage. State law reference-Poisonous liquors, Minn. Stat. ~340A.506. ;;, 510.14 Right of Entry for Inspection. Any peace offIcer, health officer, or any other properly designated offIcer or employee of the City or any offIcial of the bureau of criminal apprehension shall have the unqualifIed right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 520 - N611 IIIt6xieatillg Lil:Jtl.6f !J.~e~/l\1a1t Beverages' 520.01 Licenses. 'State law reference-Nonalcoholic beverages, Minn. Stat. Ch. 340~. 5 - 25 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 1 Required. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer or malt liquor within the City without fIrst having received a license as provided in this Section. Subd. 2 Classification. Licenses required by this Section shall be of three (3) classifications: on-sale, temporary on-sale, and off-sale. A. Regular "on-sale" licenses shall be granted only to bona fide clubs, beer stores, exclusive on-sale liquor stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of beer or malt liquor for consumption on the premises only. B. Temporary on-sale licenses shall be granted only to bona fIde clubs and charitable, religious and nonprofIt organizations for the sale of beer or malt liquor for consumption on the premises only. C. Off-sale licenses shall permit the sale of beer or malt liquor at retail in the original package for consumption off the premises only. Subd. 3 Applications. Every application for a license to sell beer or malt liquor shall be made on a form supplied by the City and shall state the name of the applicant, his or her 5 - 26 '1 ~ . I I I I I . I I . I I I ~ . I' ~ I I I I' I I 'e I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages age, representations as to his or her character with such references as may be required, tm I'll her dtizcfl3hip, whether the application is for on sale, or off sale, the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, and such other information as the council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be fIled with the City Administrator. Subd. 4 Persons Ineligible. No license required by the provisions of this Section shall be granted to, held by, or renewed for any person who: A. Is under twenty-one (21) years of age, or who is otherwise barred from holdirig a license under State Law; B. Has, within five (5) years prior to the application for the license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer or malt liquor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of suffIcient rehabilitation and present fItness to perform the duties of a beer license; C. Is a manufacturer of beer or malt liquor or is interested in the control of any 5 -27 City of Arden Hills Chapter 5 Alcoholic Beverages place where beer or malt liquor is manufactured; D. Is not of good moral character; E. Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; or F. Is not the proprietor of the establishment for which the license is issued. Subd. 5 Places Ineligible for License. A. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this Chapter, or of the state beer or malt liquor or liquor law, or where any license hereunder has been revoked for cause until sixty (60) days has elapsed after the conviction or revocation. B. No initial license, as contrasted to a renewal license, shall be granted for any location within fIve hundred (500) feet of any school or any church. In the event that a renewal license is sought for a location which was not objectionable under this 5 - 28 .. ~ I I . I I I -- I I I I I I I .. I I' I ~ I I I I' I I '8 I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within fIve hundred (500) feet of the location after the initial license was issued. C. No license shall be issued for any premise owned by a person to whom no license could be issued. D. To whom, in the estimation of the City Council, based upon the results of the investigation performed under Section 340AAl2 Subdivision 2 of Minnesota Statutes such issuance, transfer or renewal would not be in the public interest. State law reference-Persons eligible for license, Minn. Stat. 340A.402. Subd. 6 Fees. A. Generally. Each application for a license shall be accompanied by a receipt from the City treasurer for payment in full of the required fee for the license as from time to time established by Council Resolution. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. State law reference-Fees, !.Iim. Stat. ~.340A.408. B. Refund. No part of the fee paid for any license issued under this Section shall 5 - 29 City of Arden Hills Chapter 5 Alcoholic Beverages be refunded except in the following instances upon application to the Council within sixty (60) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis with any partial month counting as a whole, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1. Destruction or damage of the licensed premises by fIre or other catastrophe to such an extent that the licensee ceases to carry on the licensed business; 2. The licensee's illness; 3. The licensee's death; 4. A change in the legal status of the municipality making it unlawful for the licensed business to continue. 5. In the event of application for refund for any of the foregoing reasons, which application shall be made within thirty (30) days after the happening of any such event, the Council may. at its discretion, refund a pro rata portion of the license fee. State law reference-Refund of fees, Minn. Stat. ~ 340A.408, Subd. 5. 5 - 30 '. ~ I . I . I I II I I I I I I I ~ I I' I " I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 7 Issuance. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing the City Council shall grant or refuse the application in its discretion. Subd. 8 Transfer. Each license issued under the provisions of this Subsection shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. Subd. 9 Subject to Law. Every license shall be granted subject to the provisions of this Chapter and of any other applicable provision of this Code or ordinance of the City or State law. Subd. 10 Display. All licensed premises shall have the license posted in a conspicuous place at all times. Subd. 11 Duration, Proration. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. 5 - 31 City of Arden Hills Chapter 5 Alcoholic Beverages State law reference-Similar provisions, Minn. Stat. ~340A.411. Subd. 12 Suspension and Revocation. The violation of any provision or condition of this Chapter by a beer licensee or his or her agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at the place shall be revoked without notice and without hearing. In all other cases, a license granted under this Subsection may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension.~: City had a note that appears to read "only 8 days". What is the purpose of the note? 520.02 Prohibited Interests. No manufacturer or wholesaler of beer or malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of 340A. No retail licensee and manufacturer or wholesaler of beer or malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefIts contrary to law from a manufacturer or wholesaler of beer or malt liquor and no the manufacturer or wholesaler shall confer any benefIts contrary to law upon a retail licensee. 520.03 Federal Liquor Stamps. No licensee shall sell beer or malt liquor while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she 5 - 32 .. ~ I I . I . I II . I I I I I I ~ I r I ~ I I I I' I I . I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages is licensed under the laws of this State to sell intoxicating liquors. 520.04 Responsibility of Licensee. Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer or malt liquor shall be deemed to be the act of the licensee as well and the licensee shall be liable for all penalties provided by this Section equally with the employee. 520.05 Closing Hours. No sale of beer or malt liquor shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon, and no sale thereof shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any other day. 520.06 Consumption in Public Restricted. No beer or malt liquor shall be consumed in any theater, recreation hall or center, dance hall, ball park or other place of public gathering used for the purpose of entertainment, amusement or playing of games. 520.08 Misrepresentation of Age. No minor shall misrepresent his or her age for the purpose of obtaining beer or malt liquor. 5 - 33 City of Arden Hills Chapter 5 Alcoholic Beverages 520.09 Employment of Minors. No person under the age of twenty-one shall be employed in any rooms constituting the place in which beer or malt liquor is sold at retail "on-sale," except that persons under 21 but at least 18 years of age may be employed as musicians or to perform the duties of table bussing or dishwashing services in places defmed either in this Chapter or in Chapter 340A of Minnesota Statutes, as the case may be, as a "restaurant," "hotel" or "motel" serving food in rooms in which beer or malt liquor is sold at retail "on-sale." State law reference-Similar provisions, Minn. Stat. ~ 340A.503. '520.10 Procurement for Minors. No person other than the parent or legal guardian shall procure 'beer qr malt liquor for any minor. 520.11 Possession by Minors. No minor shall have beer or malt liquor in his e['!!~K.possession with the intent to consume it at a place other than the household of his or her parent or guardian. 520.12 Consumption by Minors. No minor shall be permitted to consume beer or malt liquor unless permitted by his or her parent or legal guardian in the parents' or guardians' home. 520.13 Liquor Consumption and Display. No person shall consume or display any intoxicatin:g liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. 520.14 Gambling. No gambling or any gambling device shall be permitted on any premises 5 - 34 'I I -. 1 I 1 I I I eI 1 1 I I I I . -. I I' I ,- I I I I I I 'e I I I I I I I " I City of Arden Hills Chapter 5 Alcoholic Beverages licensed under the provisions of this Chapter. 520.15 Right of Entry. Any peace officer shall have the unqualifIed right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize aU illegal intoxicating liquors found on the licensed premises, 5 - 35 I' ~ I I I I I I .. j. . I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses Chapter 6 Nuisances and Offenses. Section 600 - General 600.01 Nuisance Defined. For the purposes of this Chapter, the word "Nuisance" is hereby defIned as any person doing an unlawful act, or omitting to perform a duty, or permitting or maintaining any condition or thing to be or exist, which act, omission, condition or thing: A. Annoys, injures or endangers the comfort, repose, health, morals, peace ,01" safety of ~,"_,"<.' .,_ " <_,. ,..,c~"",,_ . . others; or B. Offends il~!?!ip decency; or C. Is unreasonably offensive to the senses; or D. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage, pU1:lic waterC'utark; or !IN_,;.,.,._.",,,,,:J,,~!:.:;P~.~,,,,,,, E. In any way renders other persons insecure in safety, life, or ijl:theIa.Wful use of property; __ .- N_" ;., ...,....~-,......,..,,:._,"'~,"',~,,- .State law reference-Authority to prevent, abate nuisances, M.S. ~ 412.221(23). 6 -1 City of Arden Hills Chapter 6 Nuisances and Offenses or F. r:~JC:lltillll) lJnrea.~9~l>I~ interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. ~ City asked how depreciation would be determined. Market value change would need to be determined. G. Is guilty ()f any other act ot 6riJ.issi6o""deClaredby .lawor this Chapter or other code . ..",,"_.. ,e.-, _"..,_ _ "_"".. ""'"'_''~'~'"'':''''''"'''''^'<''''''''"''_'''"''''''''' .. .'_~''-<'*'' "'"_,__,,,'."'.,,~..;"._,,;..,,~, ..,....~;."" "c,"< .... __ ';,,", ," "". ..... . " - .. ..,'_,- ',>0, - "..0"', ,",'''';'- c. .. .. ",',,_,,"-, p.rovision;"to be a public <olJisance. .. ..... .. ""-'_"'d"_"C";,.","'"""""'w..;,;.;,,,',",'..,,,, State law reference-Public nuisances, M.S.A. ~ 609.74. 600.02 Blt13trlltivc: Eftt1ll'lulltioft NUisances Effecting Health. The maintaining, using, placing, "'.. .__',^,",,,_.. d"_ n_.... "'-._.",i. "_.'~""~"_ ..:_.. .. __._"'.~"H depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby deClared to be and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, lim- iting or restrictive: A. Noxious weeds and/or objectionable or unsightly plant growth twelve (12) inches or greater in height. It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or for ten (10) feet outside the 6-2 , , 'I I .. I I I . I I et I I I I I I I ~ I I' ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 l'iuisances and Offenses property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than twelve (12) inches on the average or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or land in such a manner that any part of the ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow the seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place. ~: City expressed interest in moving the duty section to an enforcement area and leaving a with just the weeds over 12 inches, poison ivy, etc. This could help make the section easier to read. Please advise of fmal decision. 1. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or hannful vegetation as often as may be necessary to comply with the provisions of this Subsection; provided that cutting and removing the weeds, grass and vegetation at least once in every three (3) weeks, between May 15 and September 15, shall be deemed to be in compliance with this subsection. 2. If the provisions of this Subsection are not complied with, the weed inspector shall serve, either in petSon6r'bY"iIiail, written notice upon the owner, lessee or occupant or ".,k ... _.- '.,_ .... "".. ,.. '.,,_....._"....,~,_ .'1.....'.. _.._'_ ..,. any person having the care or control of any such lot or land to comply with the provisions of this Subsection. 6-3 City of Arden Hills Chapter 6 Nuisances and Offenses If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed the weeds, grass or other vegetation within fIve (S) days after receipt of the notice <N2k: City asked how receipt can be proven. An affidavit 0 f service or receipt from post office would be adequate.), or if no person can be found in the City who either is or claims to be the owner of the lot or land or who either represents or claims to represent the owner, the weed inspector shall cause such weeds, grass and other vegetation on the lot or land to be cut and removed and the actual cost of the cutting and removal, plus eight (8) percent for inspection and other additional costs in connection therewith, shall be certified to the county auditor and shall thereupon become and be assessed against the lot or land on which the weeds, grass and other vegetation were located and shall be added to and become part of the taxes next to be assessed and levied upon the lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same office and in the same manner as taxes. 3. Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this Subsection or who shall fail, neglect or refuse to comply with the provisions of this Subsection or who shall resist or obstruct the weed inspector or his or her employees in the cutting and removal of weeds, grass and other vegetation shall, upon conviction thereof, be subject to a fme et::Ri]12.~:~~nttL.iS~RE,~9Q1;;~~,1l~q!.i9:~,:1?Y State law for a. misde,mean(jr 6f 116t leJ3 thlln twenty fhe li6lIars ($15.00) ner 1!I.6re than .' m_,.. fife hllllar.::1I116llarJ ($SOO.OO); and each day on which the violation continues shall constitute a separate offense.~: If this fme is handled administratively, and not 6-4 " . '. . ~ . I I I . I eI . I . . . I I -- . I' I ~ I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses . through misdemeanor prosecution, the jail sentence portion will need to be removed. B. Accumulation of manure, l:l'~!=branches, cut tr,ees,grass clippings, tin cans, bottles, rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things. C. Any condition which provides a harborage for rats, mice, snakes and other vermin. D. Any building or other structure which is in such a dilapidated condition that it is unfIt for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, and presents a more than ordinarily dangerous fIre hazard in the vicinity where it is located, or, along with its appurtenances, for a continuous period of t..e (2) yeftrJ ~neJIIyear. has not been "completed," as that term is defIned in_ _of this Code. NllR: Cross reference to be added in fInal draft. E. All unnecessary or unauthorized noises and annoying vibrations, including animal noises. F. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. G. Any diseased animals runnirig at large or the carcasses of animals or fowl not disposed of within a reasonable time after death. 6-S City of Arden Hills Chapter 6 Nuisances and Offenses H. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances. 1. Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained. J. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground, exeeptfor authorized stormwaterdrainage[w1ids. ~,.' ,-.- ".-.,.. ... .. -., .... .. -.. . '" .' . .,.. ,.-'" -- ,'~< "'-'.'-<.. K. Open burning in violation of State law, or dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities. L. Exposed accumulation of decayed or unwholesome feed or vegetable matter. M. Privy vaults and garbage cans which are not rodent free or fly-tight or which constitute a health hazard. 699.93 Proh:ihite.t It Jftall 6{: Hniav;mI far aft) pt:fS61l to eat13e, pemlit, mai:nffii:.5. BY allan ~ efGB.ti6fi at fflaink.liaoce of a fitli38.flee. State Imy rtftrtftee rennitting l'tlblie fttliJaftee, 11.8. ~ 609.745. 600;03'ENilisance . Effectin Safet. .....The. mainta:iniil";ElJsingi\nactiig{rde(jsltiifg~eaYilig,,'.rQr ..,'"......~.,......_"........ ... g... y..,.. ....'"~.tg....,~"'_. ..lR....._,.......,,:p"......~._~_.."~..,...,_ 6-6 . '. . -. I I I I I I . I I I I I I I ~ I I' I. I I I I I I I Ie I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses pt:I'I1littil1gt9}J~P!~ll1l\j1i.!J1.0r.\J!i.~YP~!1!i~3?.tl!r!Y~teP!:9~~Rf ~YRf theI\J!ICl'YiIlg items, ffil):~iti\J&s~'\Jt~st.ig~/~~!LC6Dsti~!~.~pilbljCJlil!s~~f!~@gp\lb.!ic safety,PfgVjded that the f9)10wiIlg.li~t~l:1lIll. !l\Jt.'\J\:..cpDsi~~t~d.~..eXl:1llIl~ti.y~~or ~~clllsiVe li~tj1i[f: 1\;'1\lIjnoy.'otiS~!1,g! te.In~X~}!\JJ!l.JlIl!!li~sl~ew.~ll<s'Yithin ty.'enty- four (24 ) hours after the sllo~.or icehas?~lfdep(>sl!~: B.. All trees , hedges'billbOllrds;(11' other'obstr\lctions ;'withinfIfteert. (15) Jeef of a plJblic. ..,' ..',,', ...~ ,.,.. '''" .'., .. _+ .. ',,,_,:. ... .. ""',_,, ",.'''.k. O',L.,."c'.._,_ ".._.~'..~ ,_,'_" ',-" ..",' "'F'^"_"~"'~^'-;" ._,.....'.,. ._,,'.,',.'., >. ',-.', .' ,',",,--". "', " _..,' _n' .' .' street Ol'l'ight -<if-way'y;.hichpl'everttspel'SoDs . from bavillg a'clear view' of trafficappl'oaching ".: :.'_ .'.'.' ....,_...,_..,._, ."_<.c;,,., .. .,'/. ....... .,., ~ ,.... ,....__,_.,.'_ -. .'.__C., ',.'. .. . '" -' .,.'.,' ,......> ";'-'-';' .' an intersectionfrgm<;:ross, s!t'.~~t:S: C.:'.All1iriJ.bs of treesCwhich"overhart.theslJl'faeeof an"ublicstreet, sidewli1k:S;':of?alle 'at '. .......... ... '. ............... ... ..'...,. ...g. ........,........ ., ,. yP..._....,~, .........._.,...................,_...."y . iI he'ighCof lesstha:i1eight(8)'feel: ~. _.;_,.,_,,~, _.. -,_",.q~,~o. - .., .. _ ""~'_'^'''''-_:''''' ...., ,~~,_~'"..~~"-'.","~__' D : <All buildings' ana structures .whichhave peert damagedlly'fIie,deCa:y, ot~qthei'meaps to ~ "'~'_" __H"":."._....,._<..,~.^'._"",.," ."... .....,...,-....., ,_',".:~~. "'._,..,..~;0.,~,,,~-,,,_~:.l>,,:,,,=,,-,.__"';"'"""_~C.'<"<;_',",_,:",~"_ ..- "'_.s,,.;,._.. _,,-.,:.,:,,",',,':_0.',_ ,_,..._,L. -, .. .._,-,.~_.,_._;._.~."_.._'" '-,..'." ."',.' ^...~. '" slJchifuextertt,i1stti 'ertdai1gei'pUl:ilic:Safe~y": "J:.,..."..k',,,,.,,~,..'" ,_._...""...;"""..,,,,,,,,,,,,_~,,,,..,_..,-., .~'~;;.",.._..~~",_d.. E:The piling,stof' ",orke ... ill tifOldriiachiiie";'e" i menC;blJildillg riiatefials;~\Vrecked ..' ............ ....,...,!lIg ............ep~..g..,..~.....~..,..~.,~......ry......,..~..P.",.................... . ...".."....,.. ' 6i'lJrtked' vehides;"orothei" ilil.lCor'debriS"ex'" ..tas'riia6therWisebegoveiiiOOlD'..thisl:ode "; 'i,.;,J.,.".",.,..:...",--,.",.;..,.."_.,.-.",.--,,,~.,,,ii_,._~,,"-".""" ,._:,J-,~,.",",>>,;,;";m.;_'""",,,"'t\""""""'''''~'''O!'''''''J,,,",,''',",'''';'~,-o,;'"___:,,,,~~,,,,,"'_<.,,.~',"'x.:r!;,,,,""',, - -." ""-,~,""",."--"...."""""",.,,^,,~,,,,~,,,_""." Dr other ordina:Iice: ""o'.';"~"."'"~.' .,..--'".-""-'----""'" F:;@Y,!M'ei?f.p~()Jli:W,:P\!2Ij~]!t~t;ptsi9i~,a!KFJili;~"9~~'if~s...:f~\J'Yiis,6f~i?pl~.J(ml'~t!1~r 6-7 City of Arden Hills Chapter 6 Nuisances and Offenses ,iIJ. s.llcha waY,as to obstrUct traffic and theJree use of streets,sidewalks, or o~c:r:.Ways; ." . . ..-' .......".~. -,. .-.'- . "-,' ,. (J:@ldangerous, unguarded lllachinery or c:quipment in any publicplacel()l's()~3!Uate4()r operated on private property as to endanger membersof.the public. "-, "..-- .",,-.,' ....,.- - "-..",..."....,_.......', H.Making repairs to motor vehicles,incllJdingtires, on apublic street or alley, except that . . ... ._,' " ~ . .. ,,' : '- -:. , -' .:' . "" , ..,..,. ,,~.'''''- -. -.~ .'''-~,".., emergency repairs shall be allowed if the)' do not unduly interfere',\'ithtI:81':f,ic; 1. Dead,diseased, or fallen trees or treebnlnches n6t removed within ~-reas()ill\l>Ie1>:et!()<l of time: 600.04 Enforcement. The provisions of this Section shall be enforced bYPIe:il~Ii{e':~~~~~~'G!!.t ~iWs designated law enforcement provider,orsuc:hother offic:er, employee;o(agelifYf.the:Ci!Y .,,,.,.,,.._ ".~_~_ ,',.,..., .~_"", '.' ,"".__ '. '.. B". , . __ '~'..._ _.'.._...,>>..'.,.,._'.... -, '" u.,.."".-.....':..". ',. .-".,.~""._.~ __''''"''''''"':;>;_''"'~''^''~"._''"' ~,PIe:cou1lc:ilI11lIY designate. Su<;:h,~fticers, C:l11pl()yec:s, ()r,agc:!lts.~p.aJI~:!~ P:t!,.'pg1Yet;to,~~' pUbliClI.rid private premises in accordance with.'law,'aod tbtake all nec:essary:cp'ttrcalJtiojjSlto .... ',;','...,. ,'.< """ __..' _ . ,'" '" ", .-,. ." "', ". '_' .. --. -. _ '~"'_';'" ',' ','_' ,'''N-.._ .....-c,.. ,. ,,,.' ',', _, ", -, ,,' --'_', _ ,..",.'",.--_, ~",~_.',':'..,.":~',:!~_,,,.-x.",,,,-,,~''''''''''''''''''''''",, pl'e.,,~p.t!he,(:?~s~il?n()r majI}~el}lII1~e Qf P\ll>ljci1ui~il1lse~. Subd. 1 Notice to Abate. Whenever a nuisance is found to exist within the City or within the City's extraterritorial jurisdiction, the health officer or some other duly designated officer of the City shall give nOte (5) .ten (10) days written notice to the owner or occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. The notice to abate a nuisance issued under the provisions of this Chapter shall 6-8 , '. I -. . . I . . I tit I I I I I I I -. I r ~ I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses contain: A. An order to abate the nuisance or to request a hearing within a stated time which shall be reasonable under the circumstances. B. The location of the nuisance if the nuisance is stationary. C. A description of what constitutes the nuisance. D. A statement of acts necessary to abate the nuisance. E. A statement that if the nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the City will abate the nuisance and assess the cost of the abatement against the person. Subd. 2 Manner of Service. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. Nml:: If city wishes to specify personal or mailed notice in 600.01, consistency should be used. This section would be adequate and 600.01 could be changed. 600.05 Abatement by City. Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Chapter, to abate the nuisance or to request a 6-9 City of Arden Hills Chapter 6 Nuisances and Offenses hearing, the health offIcer or other duly designated offIcer of the City shall proceed to abate the nuisance and shall prepare a statement of costs incurred in the abatement thereof. 600.06 City's Costs, Declared Lien. Any and all costs incurred by the City in the abatement of a nuisance under the provisions of this Chapter shall constitute a lien against the property upon which the nuisance existed, which lien shall be fIled, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfIed. :rs!lli:: City provided an alternative abatement process that appears rather complex and may not address all situations. Attached is a copy of an alternative plan from the City of St. Peter. We should discuss this issue further to determine exactly what the city is looking for. Section 610 - Abandoned Property' 610.01 Disposal Generally. All property, other than motor vehicles, lawfully coming into the possession of the City shall be disposed of as provided in this Section. 610.02 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If City facilities for storage are unavailable or inadequate, the department may ar- range for storage at privately owned facilities. 'State law reference-Disposal of unclaimed property, M.S. ~ 471.195. 6 - 10 . '. I -. I I I I I I - I I I I I I I ~ I City of St. Peter Chapter 10 Offenses and Nuisances Nuisances Seuree: Or6i"!lflee Ne. 212, 2A6 Serie3 Effeeaye Dille: 69691 1070.08 DUTIES OF CITY OmCERS. The City Administrator or his er;l~l designated department head or official shall enforce the provisions of this SeetieA. _!~l The Police Department shall enforce provisions relating to nuisances as appropriate and shall assist the other designated officers in enforcement of provisions of this Seeae". ~1iB Such offIcers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. 1070.09 ABATEMENT. Subd. 1. Notice of Violation. Whenever the offIcer charged with enforcement determines that a fHlelie nuisance is being maintained or exists on premises in the City, the officer shall notify, in writing, the owner or occupant of the premises of such fact and order that sooft-~ nuisance be terminated and abated. The notice shall be served in person or by certifIed or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated. Subd. 2. Notice of Hearing. If the notice is not complied with within the time specified, the enforcing officer shall report that fact fortll'llitl! to the City Administrator. 10-65 "I I ~ I I I I I I . I I I I I I I -. I I' ~ I I I I I I re I I I . I I I ~ I City of St. Peter Chapter 10 Offenses and Nuisances Nuisances Thereafter the Administrator may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the same manner as notice by the enforcing offIcer is served and shall be given at least ten days before the date stated in the notice when the City will consider the matter. If notice is given by posting, at least 30 days shall elapse between the date of posting and hearing. B. If tHe Ratice is 1I0t eOfflplied witll .....itllill tile time speeified, the ellforeillg offieer shall rCilart that faet forthwitH to tHe Cirj t.Bmiftistrator. Tllereafter tlle City fflay l3ijrSije tile legal remedies pra'lieled BY statijle ill aeearBanee with tllis Seetiaft. ~!!I,J[tiifD~iliHii!lliI!4!liti&!ltllf&lKIf.IiIl.Il~i'i1.I!.1 iqliJii1l9!!~f51iiilliii!iimii!!ill&!~IDi~~~IWifliSHP1ij.;fifta~l1.~.I&Itlrjffl R..Hi~_.~~Jf~~ftlmaq&q~m''Iu_rpljp~~1!1 "'^'!ti'm'''''~'i41''''mN'''X'U'''~lmt''<'-[flJ-''''-~'l;m='':'''m''-''''''''=''...-~IBI.='.. &'.-.'U" So.. ,,' "m >>', .... ......._'..... . _. .'oW"oW' oW""" '. '. . ,'. .N.....W._. ,.... ,...............,... ........ ..'..".. ..." . .'.,.".... ,''''''' ~;lt#1$LJjtiw9:~~S1tliJL;xe~;.}mYJ:~~(;:<-:(~..;,~;y.<-~t~(lfJ!!S!~*~;;.}:<- .:fdkiJL~~:;':R9~:;<.~klw ~ ~mpJrGBliliiM!.~(~_i}M1iQfiY.J:~~.&m..~tqli~~~~{~- mWIe~~l_'I1!Bitm!&~'lln~1l. ~>>iftliii!~ii!!slB.~iti~~{i!!Rtz!lt\\lIp.~litlf{~i:liIfJl .WNIJ...,..~ya;...etx-:.,.,.,w......._-,.-:-xu,~""....,......;..<:-<<~.............._>>....,w...~'X<<...v.>;,.:.~.......".,y.......,=B;,.:<~hW.,.,!lffi.>>>m"oom;~~....~>>~ 'm.. .'".'^"WN' .,..~.........,....,...,,,,=.,,,,",,,=.,..,..,<,..,....~......w.. 'J'.j"jf''''''....'''..........'..'.lm.et. .m."Il......,.,',...........'.""m,0.. w..... '.' .,... . "n' ".. "... ,.. , ;w re,'" . a.Alni"~l<i..i;mqU' .' "" ",(lomlf e\" 'e'," . 'Ce""", l;,n'll' . . . 'lltlwr ,,1... .,. 'Ii . ,tx::" ..;>.<<;:;;;;;"'<;.;:;..~~:.:;:,.,...... .....:.:;:.;.~.......~i:;.;":"-;., .,_.<<<.~...:<<;i:;;;.,......,..~.~ffW~':,:'Ji<<"h"'.' "X' ~ ' . '-'. .,''''a'U$'Qjl:...wrt'Pw.~>'''1i&;ih1'-'4''~'''....,.;j'~a..''..'''_mi.'':~B':~;:1l.tW.~~ !Sllih~~~"Mtffi~.' ;.: '~,,~~4~!*#;pUJ,~~~$:.,:._~tf\..:..: ~m;l'.:.;: $if .'~~" ..' "llMW#JS:t.Ma : " ." '. . [qr~itsglii!l_'iijR~Lull)ll1!!tfit!;fll*l.Jigl~hf~l!~~qj1~~!t!B l!;;;;=o'''''''''-'1,;l'I\''''''''''''''''''''Qg'mt'Il''''''''''J?'''='''--"'''W&~'=.a",,~..ft"1",;Wlli1l'*=.""'''''e'''''~''''c'''''>#en=\1W1''''''''''Xffi&] ;~MlP~~.}.j!PM&iR~~&t~a~~~~i$t.~;gIW!~~$l}}ttt~~~~l!!![Mg.Jm~;;&f~~f)jpJ5k~t.~:4:,~ 10-66 City of St. Peter Chapter 10 Offenses and Nuisances Nuisances n->: :- :s91~~9.}~~iU21f&tqi~m~nR~~~lstmiM[1YwI~;eMR!9Jil\InHS1HI:*~s.9itlt.~J!!m~~1i~ii~. 9:9:j~~l1L~m~i~~ill;m;*tID!lliM!~ilig~lili$~!!j!~~!!amili~!~!mm~!K9Bt11ii~PRiIfiI111!lilltP~l!B ;fi~is~ipjlq9l~tiI!1:qil;11i:ell\lfj[slm_t9t9:smin!~rginlfl,.iI9Jlf~Jltl:'iI11ip~ :tfi~~2E$R~]illrEJJi~~!1~gltii~1REtm!iij1qtililmgi~tBt~~!tli1'lnMiiBss~[~!~t9!~11*!1I inlt~QliBnll!~~EmiYiliailiSm~~IB~;~$niipil!~:~ilim\~~~Bi~mllm9~nsil~tl$IMI! .s2ni'2:~;~ln~lR!~M&w~piE~nliil;~i(qK91nt~liMm!i$~m9i1!E~.tRiilmIMS!!!.qlii lpg~;sga~!i2ImgaJj}JiRl~m~I~]>>R9:11.tJim1g.lli!~L9SSBli\iIjI1iHil1J~IIt~.~ii1DIm !1~mr~~~t_!~l~IIr~I!!~1ll1~Sf!I~1~lgm1&~B*p*~~tixU1~m!II'!Ql~1[1iP!Lf~ll~ :H2mR!~1~lf!r~lPJISt9jffJ~i~~f8u1i;~JI~\S1!RF1~Rig~~~~~1jj111t1~>>I!~~t11~[~~mlfit1flipl1~_ '.~Jip:nl~m!1!_~!tR~j;mli91~tI~I~.U!I!~1~!ti~8iiXf~ilitlI~11l~_s%~~iMB!rurm1fil!tml 1BtiiflD1t~RmiB!lIlillm~~lgifii!imimEqtE.~llm..'LgiH19!~I!'ilJiII!!m1~.~ ~ti111I~miirellgiwlit~nli.AImp~&!iJL~g,ql~~ltill~ltli.ia~~inlihl liil~[~1!1~2Dm,~li9:tlJli~plli~JlrIgm~t!mBi.i\ilool~!lililMIBtIr(~VtlMlltm- {l11.iAi9i1!ll!ilmiillmMlgi12mqm_it~f~!}mlYJ 1070.10 RECOVERY OF COST. Subd. 1. Personal Liability. The owner of premises, c;m which a nuisance has been 'To:il.,,",c'/'7 abated by the City shall be personally liablcffor the cost l~ lh_ Cl~ of the abatement, including administrative costs. As soon as the work has been completed and the cost fl~,,, K. determined, the Gty-C-lerk, or other offIcial designated shall prepare a bill for the cost and mail it to the owner. Therel:lpofl The amount shall be immediately due and payable at the 10-67 'I I -. I I I I I I . I I I I I I I ~ I r I ~ I I I I I I Ie I I I I I I I " I City of St. Peter Chapter 10 Offenses and Nuisances Violations (l J . I . '~l"""(! ""/ offIce of the ~omc. Subd. 2. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portions of streets, or unsound or insect-infected trees, the Clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certifIcation to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten (10), as the Council may determine in each case. SuM. 8. UBlawful I.et. It is._ tlRla'lIftll fer MY perseR Ie lmewiRgly fll.'dl5e er create a mliSllflee, or permit Ilfl)' flllisB1'lee te be eree.ted er placed tlpeR er to reme:iA tipeA frflY premises 0"l8OO aT eeeapieti BY him.. Sellree: OrdiRl1I1ee Ne. 124, 2Ad Series Effeetive Date: 8 4 87 SECTION lOBO - VIOLATIONS 1080.01 VIOLATION A MISDEMEANOR. Every person &violates a section, 10-68 r I (It I I I I I I ~ I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses 610.03 Claim by Owner. The owner of property coming into the possession of the City may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. 610.04 Sale. If the property remains unclaimed in the possession of the City for sixty (60) days, the property shall be sold to the highest bidder at a public auction conducted by the ehief ef peliee desi~tedlawei1forcementprovider of the City after two (2) weeks' published notice in the legal newspaper of the City setting forth the time and place of the sale and the property to be sold. 610.05 Disposition of Proceeds. The proceeds of the sale of abandoned property shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six (6) months of the sale, he or she shall be paid the proceeds of the sale of his or her property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. Section 620 - Abandoned Vehicles. 620.01 Impoundment. The City's designated1aWem6rcemenfpfovider peliee depltftment shall .', '". _~...._c~_"."",.-~"""",.."."t~,.,,,,,~~""'=,~_,.. ~"'""''-''-~- take into custody and impound any abandoned motor vehicle as defIned by Minnesota Statutes, .State law reference-Abandoned motor vehicles, M.S. Ch. 168B. 6 - 11 City of Arden Hills Chapter 6 Nuisances and Offenses Section 168B.02, Subdivision 2. 620.02 Notice. The Jleliee aepartmellt City's designated law enforcement provider shall give notice of the taking of any motor vehicle under the provisions of this Section as provided by law. State law reference-Notice, M.S. ~ 168B.06. 620.03 Sale. If the owner or any lienholder of a motor vehicle impounded under the provisions of this Section does not reclaim the vehicle within the period provided by law, the abandoned motor vehicle shall be sold to the highest bidder at public auction or sale conducted by the City's desig!1at~dIl\'\Venforce:Itient provider ehief ef peliee following two (2) weeks' published notice setting forth the time and the place of the sale and describing the vehicle. 629.94 SltfflftlM~ Attieu. Wltellall llballaelllea moter veruek jg mere mall. seve:n (7) meed) ellr. ar l\!:e~ i3 lacIcing y it:a.l e6mp5fient pa.ftJ, anti aBe8 flot ai3pl8.) B. lieefi3e plate etlrre.ntl) (alia ifl Mitmeselft I'lr IlIlY etht:l Slftte I'll fereigll ee\llltry, it shall immeailltely be eligilllt: rer sale ll11e shllll flet be 8tlBject 18 die netifkatien, lee18.ffiatiell, of title pfa~;i3iero ef ~liI1fie3ere StftRlte3 Seeti8~ 168B.Ol t6 168B.leI. l'fut.!:: This section is no longer allowed by State law. 620.04 Disposition of Proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the City. 620.05 Reimbursement of Owner. If the former owner or entitled lienholder makes application ~.._-- 6 - 12 '. I -. I I I I I I -- I . I I . I I -. I City of Big Lake Chapter 2 Operations and Administration Section 280 - Abandoned Property Section 280 - Abandoned Property 280.01 Abandoned Motor Vehicles. Subd. 1 Impoundment and Sale. The City police department shall take into custody and impound any abandoned or unauthorized motor vehicle as defmed by Minn. Stat. ~ 168B.02. It shall give notice of the taking as provided by law and if the owner or any lienholder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at public auction or sale following two weeks' published notice. Subd. 2 Disposition of Proceeds. The proc~eds of the sale of an abandoned or unauthorized motor vehicle shall be placed in the general fund of the City. If the former owner or entitled lienholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling. 280.02 Other Abandoned Property. Subd. 1 Procedure. All other property lawfully coming into the possession of the City shall be disposed of as provided in this Section. Subd. 2 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If City facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities. Subd. 3 Claim by Owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. Subd. 4 Sale. If the property remains unclaimed in the possession of the City for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the chief of police of the City after two weeks' published notice setting forth the time and place of the sale and the property to be sold. Subd. 5 Disposition of Proceeds. The proceeds of the sale shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. 2 - 21 '. 'I 1 -. I . . I I I .. I I I I I I I ~ I I' ~ I I I I I I Ie I I I I I I I ~ I City of Greenfield Chapter 2 Operations and Administration H. New business. G. Reports of City Officers. H. Communications and Miscellaneous business. In the absence of a Clerk-Administrator, the President shall appoint a Clerk-Administrator Pro Tem. The proceedings of the meeting shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, unless otherwise provided by statute or by these rules. Section 210 - Mayor and Councilmembers 210.01 Mayor. From and after the passage of this Code, and until otherwise changed pursuant to the law, the salary of the Mayor of the City of Greenfield shall be in the sum of$IOO.OO per month. 210.02 Councilmembers. From and after the passage of this Code, and until otherwise changed pursuant to law, the salaries of the Council of the City of Greenfield shall be in the sum of$50.00 per month. 210.03 Terms of Office. Each councilmember shall serve for a term of four years and until his or her successor qualifies for office. The mayor shall serve for a term of two years and until his or her successor qualifIes for office. 210.04 Elections. Elections shall be held on the fIrst Tuesday following the first Monday of November in each even-numbered year. Two councilmembers shall be elected at each election. Section 220 - Boards and Commissions 220.01 Planning Commission. The City shall maintain a planning commission as provided for in Chapter 10, "Zoning", of this Code. 220.02 Other. The City may establish such other advisory boards and commissions and it determines necessary to conduct the business of the City. Section 230 - Abandoned Property 230.01 Motor Vehicles. Subd. 1 Impoundment and Sale. The City shall take into custody and impound any junked, abandoned, or unauthorized motor vehicle as defmed by Minn. Stat. ~ 168B.Oll and as regulated by Sections 620 and 630 of this Code. It shall give notice of the taking as 2-2 City of Greenfield Chapter 2 Operations and Administration provided by law and if the owner or any lienholder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at auction or sale following two weeks' published notice. Subd. 2 Disposition of Proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the City and treated as required by State law.. If the former owner or entitled lienholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling. 230.02 Other Abandoned Property. Subd. 1 Procedure. All other property lawfully coming into the possession of the City shall be disposed of as provided in this Section. Subd. 2 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If city facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities. Subd. 3 Claim by Owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. Subd. 4 Sale. If the property remains unclaimed in the possession of the City for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the City after two weeks published notice setting forth the time and place of the sale and the property to be sold. Subd. 5 Disposition of Proceeds. The proceeds of the sale shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. 2-3 .. ~ . . I . I I -- I . I . I I . -- I City of Arden Hills Chapter 6 Nuisances and Offenses and furnishes satisfactory proof of ownership or lien interest within ninety (90) days of the sale, he or she shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice and publication costs incurred in its handling. ~: Minn. Stat. 168B.02 now differentiates between abandoned vehicles, junk vehicles, and unauthorized vehicles. Does the City wish to expand the above section to include all of these types of potential nuisances? A sample ordinance is attached Section 630 - Offenses- 630.01 Adoption of State Law. The various criminal offenses and misdemeanors enacted by the State of Minnesota, to the extent that the same may be adopted and enforced by the City, are hereby adopted by reference by the City and made a part of this Code as if set out here in full. 630.02 - Curfew. Subd. llriJ.posed. It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public and other unsupervised places and buildings or places of entertainment and amusement in the City between the hours of 10:00 p.m. and -State law references-Criminal code of M.S. Ch. 609; crimes, other provisions, M.S. Ch. 624. 6 - 13 'I I -- . I I . I I -- I I I I I I I -. I I' ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses 5:00 a.m. the following day. It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public places and buildings, places of entertainment and amusement, or vacant lots, and other unsupervised places in the City, between the hours of 12:00 midnight and 5:00 a.m. the following morning. Subd. 2 Exceptions. The provisions of this Section shall not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or to a minor who is upon an emergency errand, upon other legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of the minor in the place or places is connected with and required by some legitimate business directed by his or her parent, guardian or other adult person having the care and custOdy of the minor, or where the presence of the minor in the place or places is connected with and required by some legitimate business, trade, profession or occupation in which the minor is permitted by law to be engagedordirecttray~lt() odrori} slJch business. The provisions of thissiIbsectionshall als6l1o! apply to minorsen.gaged hi ",:.,. -," ......." .,'.-....,... .. "",,-"','" -'.,..;"..,..",'",.".~,,,,,,,,,-..;,-,,,,-,,,,,,,,,,j,\<,,,,,;y,,,.~,..,,,,:~_.....,.,.,.',"'~~-.""-<":'~.,.- -'-- " .'~~"" ..." ... ".-- ..-........-:,.... .. interstate travel; attending ordirectlitrave1jWftb6rfroiiioff!ciaTschOol, religiolis/or other "'.. ..', .'... , ',._., ".'''_,,__ ,:. _"".., ,.,...;".:_",:;~"_.::-."",,",!_)..\'},,,,~~.,,_.,,~-,,,_,._~,:,, _~_" .,,,,.',. .." _ '-", '.A_._....,__ M' ".\.. :,',.,', ;..,_,,, recreational activity supervised byadllltsarid ,spoiJj;otedb)T:a)ichool/church, religiolJsg1'olJP.', .... .. ._ ,.,.--,",;...",:".,,"~_".._ ..,"d'_~~"^"'''''''''-'-':'''''''_-'_'''''' ......... ,. ,- -- ..., ','.. .......... "- .. '-' .. ~e City" a civic organization,o!aA~@~l'~~i@t@,l~"~~ity;~~[rEi~il1l(fi,1"ji!An1el1<!ri1~l1tr.ighJ~~ located on the sidewalk ~buttinglp~:9fl[~t'P!f.~l1t:1?!~:@~X~~11:ft~~idel1ce;o5~"if1:ting~e residence of a next door neighbOr if the rieighbOthaS fi6tcoiriplained to the City's designated .' " .. '",,'",:;_.,";' ,,"'~""',,",......' .<;-_C<,'.',-","_'_>'.._' ."', ".",-,.,_.",'.' ".",.' . ,u_'.," . - .. law enforcement provider abollt the~gt:~j>[es~!i:~i,:or~lt(:).ill,ls ~n married ()r ptherwise 6 -14 City of Arden Hills Chapter 6 Nuisances and Offenses !~gl!:!ll~c"ip~!e~: Nllli:: These additional exceptions have been added as a result of court cases over the past few years. Subd. 3 Duties of Parents. It shall be unlawful for the parent, guardian or other adult having charge of a minor under the age of eighteen (18) years to permit the minor to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, places and public buildings, places of entertainment and amusement, vacant lots and other unsupervised places in the City during the hours prohibited by this Subsection except as provided for in Subdivision 2. Subd. 4 Minors in Amusement Places. No person operating or in charge of any place of amusement, entertainment or refreshment shall permit any minor under the age of eighteen (18) years to remain in such place during the hours prohibited by this Subsection; provided however, that the provisions of this Subsection shall not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor. 630.03 Weapons. Subd. 1 Deadly Weapons Defined. The term "deadly weapons" as used in this Chapter shall include, !:>J.!~!l:()tb~ limifudto, the following: A. AH J.nypistol or firearms; 6 - 15 '. . -. I . I . I I -- I I I I I I I -- I r I " I I I I I I ~ I. I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses B. Bows and arrows when the arrows are pointed or tipped; C. All instruments used to expel at high velocity any pellets of any kind, including, but not limited to, BB guns and air rifles; D. Sling shots; E. MetM Cross knuckles orknuckleSoHead;'btass;)corother~metal; and .,' ',.,'^;',','....,.,~",'_'.;...~"',"'..... _""""....""'^,,<<.;,....,,. ,''-~,.,;,V. ,,,-"",,," '_",-,,-,_ .,._~,.,"',,,.,._,,...' F. Switchblade knives, being knives with retractable blades. Subd. 2 Prohibited Generally. Except as herein specifically authorized, the discharging or use of deadly weapons within the City is hereby prohibited. Subd. 3 Aiming Prohibited. . The aiming of any deadly weapon, whether loaded or not, at or towards any human being, is hereby prohibited. Subd. 4 Furnishing to Minors. The selling, giving, loaning, or furnishing in any way of any deadly weapon to a minor without the written consent of his or her parents or guardian is hereby prohibited. Subd. 5 Use by Minor. No minor under the age of fourteen (14) years shall handle or have 6 - 16 City of Arden Hills Chapter 6 Nuisances and Offenses in his or her possession or under his or her control any deadly weapon, except while accompanied by or under the inunediate charge of his or her parent or guardian. Subd. 6 Carrying Concealed. The possession by any persons other than a public officer of any deadly weapon concealed on his or her person is hereby prohibited. Subd. 7 Discharge Restricted. The fIring of a gun Of use of other deadly weapon in the lawful defense of the person, property or family of the user of the weapon is excepted from the prohibitions set forth in this Chapter and similarly, the fIring of a gun or use of other deadly weapons in the necessary enforcement of the law, whether by a pcliee lliW e. nforcement officer or a private individual, is also excepted from the prohibitions contained . '_ ,o~.._"-,, -,.___..''' in this Subsection. Subd. 8 Permits. The City Council may promulgate regulations for the suitable protection of persons and property and, subject to the regulations, the Council may issue special permits to duly-organized clubs and their members for shooting or the use of air rifles or bow and afrows on lands owned or leased by the clubs. The permits shall be issued by the City Administrator upon direction of the Council, shall be in writing, and shall be valid only when in the possession of the person to whom issued. 630.04 Garbage and Trash'~: City indicated city may be changing this Section. 'State law reference-Sewage and rubbish disposal, M.S. Ch. 443, Ch. 115A. 6 - 17 '1 I -. I I I I I I . I I I I I I I ~ I I' I ft I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses Subd. 1 Purpose. The City Council fmds, determines and declares that it is necessary and conducive for the protection of the public health, safety and welfare of the people of the City to provide regulations for the dumping and disposal of garbage, refuse and other trash within the City. The purpose of this Subsection is to regulate and control the dumping and disposal of garbage and refuse in the City, to the end that the public health, safety and welfare of the people of the City will be protected and enhanced and to prevent and prohibit the indiscriminate and uncontrolled use of property for dumping purposes in violation of zoning and health regulations and recognized public health standards; to prevent and prohibit open dumping on land in the City and to require that disposal and dumping of garbage and refuse be authorized only pursuant to permits granted under this Subsection. Subd. 2 Defmitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: A. Garbage. "Garbage" shall mean all animal and vegetable waste and all putrescible matter. K ~- Collector; '" "ColleCtOi''':'shaIl --mean any'persoti,' flI'in,;' corpofation,oot'. business ,....."~..'....,'.,.,,..,._;,:. _'" ,._0", ,.c,~~;" ,",,,,,,,,,,,,,,,,,,,,~,,,,,,',,,"~',,,i.'y..':"""".>o<'"""",,,,,",',,_"';'&''''>', ~._... .."'M~~"',,"-";';"~;""V-G .... ..,^__"'-..._'_ " _.~.~.,,,.~ _,,,".._';''''-'''''_''-;!'' """0"'. .. ~. icensed to collectrefuseTatiCl:othef :wasteffomfesldentilil of non-fesiOehtilil:pfemiSes, "_,.,,,_. ,.;';;;",;;,,);",'. ..,." ";' _ ,.:. ..,."....:..,Io:>.<..=,;,~~,"""".~""""'.~,;....",~=...,<;.;""''''''"'"'"'''~,,'_,,.{~;..;: ."':".__...",,,,,,,,.._..;.::.~,,_,,,",..:.:c,_')C'-"""""" ""-"",,,',..:':',-<..v"~'.'.W""'~"'" .,-p" w.' ,. ."",h"',_ Of bOth. '-.".......,.."..".6 l:,HazardolJs WllsteJ,'0'i'HilifdolJsWlISre";:sMlllj[ye 'thedefInitiohprovidecrby Minn. ,,". _"'.'.,, ;_ _ .. .", .._.->"'C-' _ .".._-~_......::;",_...,r',,"",,"~!H""'(""""''''''.w-~'',*,-.':.^A~''''_,"'''''_;"',',__;."",,,,,,,,,:'_,~,,,,,,,",,,,-,_.,-,,,-,,,_,,,',.';"'" ,---, ,,,.',,'._'''.C.'-,,; ~,. r.". , '..-', '" ' . 6 - 18 City of Arden Hills Chapter 6 Nuisances and Offenses Stat:" Sect.: 116.06, as amended, "'h"~,_"_,,,c."""_'hi-..,, ',M. <., "_"..,."".,,. ,__" ._'.~ _. -'"'",-,.','__,,.' D. Mixed Municipal Waste. "Mixed Municipal Waste" shall have the definition given it under M.S. lI5A. E. Private Dump. "Private Dump" shall mean all land or parcels of land on which nonputrescible refuse is accepted for deposit or permitted to be deposited regardless of whether a charge is made therefor. F. Refuse. "Refuse" shall mean all waste substances including garbage as well as combustible and noncombustible wastes. G. Sanitary Landfill. "Sanitary LandfIll" shall mean a type of operation in which refuse or other waste is deposited by plan on a specifIed portion of open land, is compacted by forces applied by mechanical equipment, and then is covered by a layer of earth, ashes or suitable material to a depth of at least two (2) feet. Subd. 3 Depositing Restricted. It shall be unlawful for any person to deposit or cause to be deposited any garbage, refuse, or other waste upon any vacant lot or other tract of land, whether platted or unplatted, or upon any ground appurtenant to any building in the City except in the manner provided by this Subsection. Subd. 4 Storage. Except as otherwise provided in this Subsection, all garbage and other 6 - 19 .. I -. I I I I I I .. I I I I I I I -. I r I ~ I I I I I I Ie I I I I I I I , I City of Arden Hills Chapter 6 Nuisances and Offenses refuse or waste shall be kept in rust-resistant, watertight, nonabsorbent and easily washable containers which are equipped with a bailor handles, and covered with close-fItting lids. Insofar as practicable, all garbage shall be drained of liquids .and wrapped in paper !>! otherwise sealed in abagot othetcbht:iinel'. Containers shall have a capacity of not less than ~'O"'''''_'' ". ".",,' ...-."...., __.. ...' "_"'.'M"-"C",_,_,",_..',::,,,,,,.w.",,,,_,,,',,,_,," ten (10) nor more than thirty (30) gallons and shall be provided in sufficient number to hold all garbage and other refuse accumulating between collections. Insofar as practicable, boxes, papers, tree cuttings, and odd articles shall be crushed and placed outside of the containers in bundles not exceeding three (3) feet in length and fIfty (50) pounds in weight. All containers shall be washed and treated with a disinfectant as often as necessary to prevent a nuisance, The containers shall be kept in an accessible location for collection and shall be kept in a location on the owner's premises that is as nonconspicuous as practicable from adjoining premises. Subd. 5 Collection. A. Collection Restricted. No person, except a collector duly licensed by the City, shall collect or in any manner interfere with garbage, refuse, or other mixed municipal waste placed in containers for collection or interfere in any manner with containers for garbage or refuse. B. Arrangement for Service. Each person having garbage, refuse, or other mixed waste for collection shall. arrange for the collection thereof with a licensed collector and shall 6 -20 City of Arden Hills Chapter 6 Nuisances and Offenses pay the collector an amount not to exceed the collector's scheduled fates as approved by the Council. C. Frequency. Collection of garbage and other refuse shall be made at least once each week by a duly licensed collector. D. Vehicles. All garbage or other refuse shall be transported on the streets or alleys in the City only in vehicles with leakproof bodies of easily cleanable construction and completely covered with metal. Vehicles shall be so operated that contents do not spill or drip upon streets or alleys or otherwise create a nuisance. 630.05 Alann Systems Subd. 1 Scope. This Subsection provides regulation for the use of fire, burglary, and safety alarms, establishes users' fees, and establishes a system of administration. Subd. 2 Purpose. The purpose of this Subsection is to protect the public safety services of the City from misuse of public safety alarms and to provide for the maximum possible service to public safety alarm users. Subd. 3 Definitions. 6 - 21 , '1 I -- I I I I I I - . I I I I I . -. . I' I fit. I I I I I I . I I I I I I I " I City of Arden Hills Chapter 6 Nuisances and Offenses A. Alarm System. "Alarm System" shall mean an alarm installation designed to be used for the prevention or detection of burglary, robbery or fire and located in a building, structure or facility. B. Alarm User. "Alarm User" shall mean the person, fIrm, partnership, association, corporation, company or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained. C. False Alarm. "False Alarm" shall mean an alarm signal eliciting a response by per- sonnel of the public safety department when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, pet movement, alarm malfunction, improper installation or the in advertence of the owner or lessee of an alarm system or of hislher employees or agents. False alarms shall not include alarms caused by ~:lI:!1:~J!1~ climatic conditions such as tornadoes, thunderstorms, Jightnililr~trikc:~, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. D. Public Safety Department. "Public Safety Department" shall mean the Ramsey County Sheriff's Department. Subd. 4 Reports of False Alarms; Notice to Alarm User. The public safety department 6 - 22 City of Arden Hills Chapter 6 Nuisances and Offenses shall fIle a written report of each false alarm with the City Administrator. Upon receipt of the fIrst false alarm report at an address, the clerk: City Administrator shall, by certifIed mail, notify the alarm user of the provisions of this Chapter. Subd. 5 User Fees; Notice. An alarm user owning an alarm system which precipitates or reports more than three (3) false alarms to the City in a single calendar year shall be charged a user fee of fIfty dollars ($50.00) per false alarm in excess of three (3) false alarms in a calendar year, and one hundred fIfty dollars ($ISO.oo) per false alarm in excess of fIfteen (IS) false alarms in a calendar year. Upon receipt of a fourth and all subsequent false alarm reports as to an alarm system, the City Administrator shall notify the alarm user by certifIed mail that the threshold number of false alarms has occurred and that the applicable user fee specifIed has become due and owing. ~: City indicated that it may establish a fee schedule which would be adopted by reference here rather than specifying actual dollar amounts. If a fee schedule is adopted, all fees throughout the Code should be moved to the schedule which would be adopted by reference throughout the code. Subd. 6 Appeals Process. Any alarm user who is required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the City Council within ten (10) days of the City's mailing of the notice of false alarm which shall have authority to make a fmal determination as to whether the appellant is to be charged with a false alarm. ~: City indicated that it was debating changing the appeals process. The appeal could be heard by either the council or the Administrator so long as due process is 6 - 23 '. I -. I I I I I I . I I I I I I I -. I I' I ,- I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses provided to the person charged with the violation. Subd. 7 Payment of Fees. A. When and Where Due. Payment of user fees provided for under Subd. S shall be made to the City treasurer within thirty (30) days of the date of notice by the City to the alarm user. Failure to pay the fee within the thirty-day period shall cause the alarm user to be considered delinquent and subject to a penalty of a full ten (10) ~ig~t(~) percent of the fee due. B. Delinquencies. All delinquent charges for user fees shall be certified by the City, Administrator to the County for collection with taxes due against the property on which" the alarm system is installed. This certification process shall take place on a yearly basis on October lOth of each year or by such earlier date as is necessary to have the delinquent charges collectible with taxes due and payable against the property in the next calendar year. Subd. 8 Alarm Report. When an alarm user has incurred fIve (S) false alarms or more within one calendar year, the alarm user shall submit a written report to the City Administrator within ten (10) days after being charged with the fIfth false alarm, describing actions taken or to be taken to discover and eliminate the cause of the false alarms. Failure to submit the written report required by this Section will be. considered a violation of this 6 - 24 City of Arden Hills Chapter 6 Nuisances and Offenses Subsection. ~: City indicated that this Subdivision is not currently being followed. Does city wish to remove it? Subd. 9 Administrative Rules. The City Administrator may promulgate such rules as may be necessary for the implementation and administration of this Subsection. Subd. 10 Confidentiality. A. All information submitted in compliance with this Subsection shall be held in confIdence and shall be deemed a confIdential record exempt from discovery to the extent permitted by law. B. Subject to requirements of confIdentiality, the City Administrator may develop and maintain statistics for the purpose of on-going alarm systems evaluation. Subd. 11 Enforcement and Penalties. Failure or omission to comply with any Part of this Subsection shall be deemed a misdemeanor and may be so prosecuted. Upon conviction, a violation of this Subsection shall be punishable by a fIne ef f1et rner~ thafl fi:/e mflarea aallars ($500.00), imprisonment fer a periea net t6 ~x~eed mflety (90) alt)~, or both ~s provided by "State lliw foTii'ii1isdefuciiiior. ,_','-,"'''','' _. ._"',,,",", -....,"e" -','_':. '.,~"'c~_. :,.l,c'n.'~-,:""-.""^',,,,,,-,-,,~,,--..i~...._.,,,.e,,,",,',,,,,,, 6 - 25 .. I ~ . I . . I . II . I I I I I I -- I r I ft I I I I I I . I I I I I I I ~ I " City of Arden Hills Chapter 6 Nuisances and Offenses 630.06 Food and Food Handlers' Subd. 1 Compliance. No person shall operate any restaurant, cafe, public dining room or eating house unless it is at all times clean and sanitary, and all requirements of this Subsection and other applicable provisions of this Code and State law have been fulfIlled. Subd. 2 Authority of Health Officer. If upon investigation of any restaurant, cafe, dining room or eating house, the Ei!1's.desig1}ilt~~ health officer fInds violations of this Chapter or other applicable provision of this Code, he or she shall notify the owner, proprietor or manager in writing stating the condition to be corrected and stating a reasonable time [not less than forty-eight (48) hours] in which the correction shall be made. Failure to comply with the notice shall constitute a violation of this Subsection. Subd. 3 Physical Examination of Food Handlers. It shall be unlawful for any person to engage in the handling and/or sale of food or food products or allow any person to be so engaged if his or her condition is such that disease may be transmitted by him or her to others either directly or indirectly. Upon receipt of a complaint or whenever deemed necessary by the health officer, a special physical examination may be required of any person so engaged. 'State law references-Food law, M.S.A. Ch. 31; meat inspection, M.S.A. Ch. 31A; dairy products, M.S.A. Ch. 32. State law reference-Authority to regulate restaurants, M.S.A. ~ 412.221(30). 6 - 26 r I ~ I I I I I I . I I I I I I I ~ I . City of Arden Hills Chapter 7 Lakes, Trees, Parks Section 700 - Lakes' 700.01 Purpose, Intent and Application. As authorized by Section 86B.201 Subdivision 2 of Minnesota Statutes, as now in effect and as hereafter amended, this Section is enacted for the purpose and with the intent to control and regulate the use of the waters of Lake Johanna (62-78), T. 30, R. 23, S. 33-34, Ramsey County, Minnesota, a body of water located entirely within: the boundaries of the City, to promote its fullest use and enjoyment by the public in general and the citizens of the City in particular; to ensure safety for persons and property in connection with the use of the waters; to harmonize and integrate the varying uses of the waters; to fulfill a demand for the regulation of the waters as indicated. by citizens of the City who responded to questionnaires circulated by the City as to the need for such regulations; and to promote the general health, safety and welfare of the citizens of this City. 700.02 Laws, Regulations-Adopted. The Minnesota Waters and Watercraft Safety Laws, Chapter 86B or the State Statutes, as they now exist and are hereafter amended, and the Boat and Water Safety Rules and Regulations promulgated by the State of Miruiesota Department of Natural Resources, as the same now exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three (3) copies of the Waters and Watercraft Safety Laws and Boat and Water Safety Rules and Regulations, so adopted, shall be marked as official copies and fIled in: the offIce of the City Administrator. 'State law reference-Waters and watercraft safety, M.S. Ch. 86B. 7-1 City of Arden Hills Chapter 7 Lakes, Trees, Parks 700.03 Violations. Any person violating the Minnesota Waters and Watercraft Safety Laws and the Boat and Water Safety Rules and Regulations promulgated by the Minnesota Department of Natural Resources, adopted and incorporated herein by reference, shall be subject to the penalties and punishment provided in this Section. 700.04 Enforcement. The appropriate offIcials as designated by the City Council shall be authorized and directed to make such arrangements with the county, including entering into a joint powers agreement therewith, if necessary, to insure the placement of buoys demarcating the restricted speed zones, the notification of the public of the existence of this Section and the enforcement of the provisions of this Section by' the county sheriff's offIce. Notwithstanding anything herein to the contrary, offIcers of the City's l:t~t1fill'~~~Jg~~~~~~ peliee departmeftt shall be authorized and entitled to enforce the provisions of this Section in conjunction with and in: addition to officers and deputies of the county sheriff's office, whether or not the offIcers of the City's P!!.[l.~~law",~~~ polkc: departmt:ftt are deputized by the county sheriff's office. 700.05 Surface Zoning Map. The boundaries of the various speed zones of the waters of Lake Johanna shall be designated on the map of the lake on me in the offIce of the City Administrator, which map is adopted and incorporated herein by reference and made a part of this Code as if set out here in full, and shall hereinafter be referred to as the "Surface Water Zoning Map of Lake Johanna. " 7-2 . 1 I -. I I I I I I -' I I I I I I I -. I r ~ C~7::::~~'~~n~. I I I I I I . I I I I I I I ~ I Chapter 7 Lakes, Trees, Parks Subd. 1 Establishment and Designation. There is hereby continued a restricted speed zone between the shoreline of Lake Johanna and a line approximately two hundred fIfty (2S0) feet from the shoreline, which line shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users of Lake Johanna and clearly to demarcate the restricted speed zone. In addition to this restricted speed zone, there is hereby continued an additional restricted speed zone encompassing the shallow area approximately near the center of Lake Johanna, as delineated on the Surface Water Zoning Map, which additional restricted speed zone shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users and clearly to demarcate the zone. Subd. 2 Maximum Speed in Restricted Speed Zo!1e. Within the restricted speed zones established hereby, no watercraft shall at any time be operated at a speed in excess of fIve (S) miles per hour. ~: City had a note regarding exact speed but the photocopy was not legible. Subd. 3 Open Zone. There is hereby continued an open speed zone on Lake Johanna encompassing all that portion of the surface thereof between and not included in the restricted speed zones created and established by this Section. Subd. 4 Restrictil!ns and Speed Limits in Open Zone During Certain Hours. Within the 7-3 City of Arden Hills Chapter 7 Lakes, Trees, Parks open speed zone, between the hours of 11:00 a.m. and 3:00 p.m. and 7:00 p.m. and 7:00 a.m. on each and every day of the week, no motorboat shall be operated at a speed in excess of fIve miles per hour. At all other times during each and every day of the week, no boats shall be operated in the open zone at a speed in excess of 40 miles per hour. Subd. 5 Direction of Travel in Open Zone During Certain Times. Within the open zone, during the hours in which operating speeds of up to forty (40) miles per hour are permitted, all motorboats shall travel and be operated in a counterclockwise direction around Lake Johanna. 700.07 Nonsanctioned Racing Prohibited. Racing, that is the participation of two (2) or more operators of motorboats operating their motorboats in a competition of speed, shall be prohibited on the waters of Lake Johanna unless the same takes place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the county sheriff pursuant to Minnesota Statutes. Section 710 - Trees and Vegetation 710.01 Purpose. The planting of trees in areas of the City dedicated for public streets, which trees are sometimes referred to in this Section as boulevard trees, is a matter of public interest and it is the purpose of this Section to provide a procedure for permitting the planting under certain circumstances and subject to certain regulations as provided by this Section. 7-4 1 I ~ I I I I I I -- I I I I I I I ~ I r I. CIty of A,d" Hili, .. 710.02 Minimum Size. I I I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks Only trees which are at least one and one-half inches in diameter, measured one foot above the ground, shall be planted as boulevard trees within the City. 710.03 Permitted Varieties. Only the following types of trees shall be permitted under the provisions of this Section: White or green ash; hackberry; Norway, sugar or red maple; and linden. Under no circumstances shall permits be granted for cottonwood trees. 710.04 Minimum Area. Permits shall not be granted under the provisions of this Section unless there is at least seven (7) feet between the curbline and sidewalk line at the pertinent location. The curbline shall be determined by using the projected street width rather than the existing pavement location, and the sidewalk should be assumed even if it is not present or anticipated. In no event shall trees be permitted within three and one-half (3 I;' ) feet of the projected curb. 710.05 Spacing. Trees shall not be planted closer than fIfty (50) feet center-to-center, with respect to trees which will not exceed forty (40) feet in height at maturity. With respect to trees which will exceed forty (40) feet in height at maturity, the required spacing shall be at least seventy-fIve (7S) feet center-to-center. 710.06 Restoration Sod. The applicant for a permit required by the provisions of this Section shall be required to restore the sod to its original condition after planting. 710.07 Responsibility. The planter of boulevard trees shall assume responsibility for maintenance 7-S City of Arden Hills Chapter 7 Lakes, Trees, Parks and care of the trees, and shall undertake to water the trees well during the fIrst growing season ~;:w.~~~~. Trees which do not survive the second growing season shall be removed by the planter at his or her expense. 710.08 Identifying Recommended Location. The Tree Inspector who inspects the site and recommends the granting of the permit required by this Section shall drive a stake marking the spot for the planting. 710.09 Prohibited Locations. Trees shall not be planted within twelve (12) feet of any fire hydrant, utility pole, or other fixture; nor shall they be planted over any public utility, such as a sewer or a waterline; nor shall they be planted within fIfteen (15) feet of an intersection; nor in such a manner that on maturity they will interfere with the visibility of traffIc signs or signals. , 710.10 Permits. Subd. 1 Required. The planting of trees on property dedicated as a public street shall be prohibited in the City unless permits therefor are fIrst obtained from mm the City Administrator~~~~. Subd. 2 Application. Applications for a permit required by the provisions of this Section shall be made by the owner of the property abutting the proposed location of the tree or trees to be planted; and shall be on forms provided by the City Administrator mlIlJ~~~ 7-6 1 I -. I I I I I I eI I I I I I I I ,e. I r I ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks !t!.s~~!IWJIDIt~pm. The applications shall contain: A. The name and address of the applicant; B. A sketch or other adequate information to indicate the proposed location of the tree or trees to be planted, which location shall be given with reference to the existing edge of the pavement, and the property line of the abutting property; C. The size and type of proposed tree; and D. The exact location of the tree or trees from some fIxed object or point. Subd. 3 Fee. No charge or fee shall be imposed for a permit required by the provisions of this Section. Subd. 4 Inspection of Proposed Location. Upon receipt of an application for a permit required by this Section the City Administrator shall fIrst determine whether the necessary information is given and shall then refer adequate applications to the City Forester for processing. The City Forester ~~~ shall determine by inspection of the proposed site and application of the standards given in this Section whether the permit should be granted and shall return the application to the City Administrator with recommendation for or against granting the permit. 7-7 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 5 Factors to Be Considered. In considering the applications for permits the City Forester, Board of Appeals, and Council shall consider the size and type of the proposed tree in relation to other boulevard trees in the City. In general one species of tree should not constitute more than one-half of the boulevard trees in the City, and in anyone block, including both sides of the street, there should be a minimum of two (2) species and a maximum of three (3) species of boulevard trees. In permitting varieties of species to be planted consideration should be given to the desirability that the species conform as to size upon maturity. To the greatest extent possible, planting should be permitted in units of one block at a time. Nok: The City had notes on this subdivision that did not copy legibly. It appears that there is some question as to who currently considers these types of applications and who should, particularly concerning the involvement of the Board of Appeals. It appears that the Board of appeals refers to the Board of Appeals and Adjustments as provided in the zoning chapter. This Board would not need to be involved as this is not a zoning issue. The City can set forth its own process so the Park and Recreation Committee, or the Director of Parks and Recreation, etc. could be designated. Subd. 6 Issuance, Denial. If an application for a permit required by this Section and the proposed location are approved by the City Forester, the City Administrator shall issue the permit on forms provided for that purpose. If the application is disapproved, the City Administrator shall notify the applicant, in writing, of the denial and the reasons therefor. Subd 7 Appeal from Denial. The applicant for a permit required by the provisions of this 7-8 1 I -. I I I I I I . I I I I I I I tItt I I City of Arden Hills ~ I I I I I I . I I I I I I ~ I r Chapter 7 Lakes, Trees, Parks Section may appeal any denial thereof to the City Council by notifying the City Administrator, in writing, of his or her request within thirty (30) days after receipt of notice of the denial. The application shall then be referred to the board of appeals ( Note: See note for subd. 5), which shall consider the application at its next scheduled meeting and report its recommendation thereon to the Council. If the applicant includes in his or her request to the City Administrator, his or her desire for a hearing on the matter, the hearing shall be held before the board of appeals. After consideration of the recommendation of the board of appeals, the Council shall affIrm or reverse the action of the City Administrator. Subd. 8 Liability for Maintenance. All permits granted under this Section shall provide that the granting of the permit places no obligation upon the City nor does it impose upon the City any requirement for maintenance of the trees. Any trees planted on a public street or other public property are placed thereon entirely at the risk of the planter and any trees so planted may be removed, trimmed, maintained, moved, or otherwise changed at any time by order of the Council. In the event that removal of the trees or maintenance of the trees is considered necessary by the Council and is done at City expense the cost thereof may be assessed against the property owner or the abutting property owner. All trees planted under the permits become public property when the planting is completed. 710.11 Protection of Shade Trees' 'State law reference-Shade tree disease control. M.S. ~ 18.023. 7-9 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 1 Declaration of Policy. The City Council has determined that the health of oak trees and elm trees, hereinafter sometimes collectively referred to as "shade trees," within the municipal limits are threatened by fatal tree diseases commonly known as "oak wilt disease" and "Dutch elm disease" respectively, hereinafter sometimes collectively referred to as "shade tree diseases." It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the Council to control and prevent the spread of shade tree diseases, and this Subsection is enacted for that purpose. Subd. 2 Penalties. Any person violating the provisions of this Subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fme, !.!li'P:'~~p~ _ not to exceed t11.~@iHimRtgYlj!~~,~leJ!~~sa~~!ln.9~. $700 8Jl:d/er a jail ~ellteliee net te exceed 90 clllyJ. Each day following the date on which the person was to have removed any diseased shade tree or wood as speCifIed in written notice given pursuant to the provisions of this Subsection, the person has allowed the tree or weed to remain on his or her property, or has allowed the parts or brush therefrom to remain on his or her property, shall constitute a separate violation. Subd. 3 Forester. The position of City Forester is hereby contiriued and the powers and duties of the officer are hereby conferred upon the person as designated from time to time by the mayor with the concurrence of the Council. It shall be the duty of the Forester to . 7 - 10 I I ~ I I I I I I - I I I I I I I -. I r '. City of M'eo Hili, I coordinate, under the direction and control of the Council, all activities of the City relating I I I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. Jtis[c;]!!~~ps;:rr,l~p.e pm2fP1~~~~~~' Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the Forester or his or her Tree Inspector(s) or agents while they are engaged in the performance of duties imposed by this Subsection. Subd. 5 Nuisances Declared. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus RufIpes (Eichhoff); B. Any dead elm tree or part thereof, including legs, branches, stumps, fIrewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and C. Any tree, exclusive of bur or white oak trees, with any manifestation of oak wilt 7 - 11 City of Arden Hills Chapter 7 Lakes, Trees, Parks disease. It shall be unlawful for any person to permit any public nuisance, as herein defIned, to remain on any premises owned or controlled by him or her within the City. Such nuisances may be abated in the manner prescribed by this Subsection. Subd. 6 Inspection by Certified Tree Inspector. A. The Forester shall engage one or more persons, each of whom shall have been issued a certifIcate from the Minnesota Department of Agriculture pursuant to M.S. Section 18.023, Subdivision 5, as amended, certifying that he or she is a qualifIed !:f~~ Tree Inspector, for the purposes of inspecting any public or private properties, upon prior notifIcation, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the Forester. Nothing herein shall preclude the Forester from being certifIed by the State Department of Agriculture as a qualifIed Tree Inspector and acting as such on behalf of the City. B. The Tree Inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable and at least twice each year-before June 1 of each year and on or shortly after August 1 of the same year-to detect and mark the location of all shade trees infected with. shade tree diseases and report the results of the inspections to the Forester immediately after each inspection has been conducted. The 7 - 12 I I -- I I I I I I . I I I I I I I .. I r I ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks Forester, or the Tree Inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In any event, the Forester shall, upon receipt of the results of the inspections, report them to the Council at its next following meeting. C. In addition to the foregoing inspections, it shall be the duty of the Tree Inspector(s) to investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other manifestations of shade tree diseases. D. The Forester and the Tree Inspector(s) shall have the right to enter upon all private premises within the City, c;Jl:c;lt:l:li. e. 6f fl6tlJe.3 tl~ed a~ printe. re3idellee.3, at any reasonable time for the purpose of carrying out the duties assigned to them under this Subsection, inCluding inspection, treatment, cutting. burning or removing of diseased shade trees.~: This provision is being deleted for clarity purposes. Before entering enclosed private property (behind privacy fence, etc.) the City should consult with city attorney about the need for a proper warrant. Subd. 7 Notices to Property Owners. After each inspection and investigation, whenever the Forester or the Tree Inspector(s) has found with a reasonable certainty that a shade tree or any wood therefrom harbors shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees in proximity thereto, the Forester shall mark the diseased shade trees or wood or both as the case may be in a visible manner and notify each owner of 7 - 13 City of Arden Hills Chapter 7 Lakes, Trees, Parks real estate within the City whereon the diseased shade trees or wood, or both as the. case may be, are located, which notice shall contain the inspection information with respect to diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this Subsection, the owner is required to remove the trees or wood, or both as the case may be, within a time specifIed in the notice, which shall be not less than fIve (S) days nor more than twenty (20) days from the date of mailing thereof the notices shall be sent by certifIed mail with return receipt requested to the last known address of the owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed suffIcient notice. The notices to be sent under the provisions of this Subdivision shall be sent to the occupant of premises upon which the diseased shade trees or wood, or both as the case may be, are located, if those premises are occupied, and also to the owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the Forester or the Tree Inspector(s) shall be suffIcient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subject premises are unoccupied, then mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed sufficient. fBCf~~\~:r.s~~-~~ ~~o.n~iiJi!,,~~~(S2~l.lIDb~~l~~!!i'Vlft~lt91.19.,ft@~ 7 - 14 1 I -. . . . . . I - . . I . . I I -. . r I ,. I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees,Parks se...;:tiCe;"'~lfich1sh1i1[;be1il5illea1.I5i!'PlRiIC. 'j[tlie1'l))'i!rte.~ l#;~,,,}ji}1!SS;?~.~t+ii%Z~~<0<;:8""~'t'c,,,,"~~~A~:9~.r.h~;";~ Subd. 8 Removal of Diseased Shade Trees. An owner of real estate in the City who is notifIed of the existence on his or her property of shade trees or wood therefrom, or both as the case may be, harboring shade tree disease shall within the time specifIed in the written notice cut down or have cut down each of the diseased trees, remove or have removed all parts, branches and brush therefrom, and transport or have transported all the parts, branches and brush from the diseased trees and any diseased wood from the premises to an authorized disposal or chipping site; provided, however, that with respect to the transportation of wood from diseased elms, it shall be unlawful for any person to transport within the City any bark-bearing elm wood without having fIrst obtained a permit from the Forester who shall grant the permits only when the purposes of this Subsection will be served. In addition the owner shall poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees diseased with Dutch elm disease in such manner as may be approved by the Forester. Subd. 9 Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the Forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the 7 - 15 City of Arden Hills Chapter 7 Lakes, Trees, Parks nuisance shall be billed to the owner or occupant of the premises upon which the nuisances existed. Subd. 10 Assessment for Nuisance Abatement. If the owner, or occupant, shall fail to pay the bill, as provided for in Subdivision 9, within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property as a special assessment under Chapter 429 of Minnesota Statutes, installments of which assessment shall in no event be payable over a period exceeding fIve (5) years from the date the same have been levied. On or before October 1 of each year, the City Administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatement, and the assessment certifIed to the county as provided by law. Subd. 11 Request for Laboratory Testing. Any owner of real estate in the City who receives a notice as provided in Subdivision 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease and must be removed within the time specifIed in the notice, may request the Forester to obtain a laboratory test of one or more of the trees. The request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specifIed in the written notice from the City to the owner as provided herein, by written notice from the owner to the Forester sent by certifIed mail with return receipt requested. Upon receipt of the request, the 7 - 16 I I -. I I I I I I -- I I I I I I I -. I r I ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks Forester shall promptly engage the services of the State Department of Agriculture or a qualifIed laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confIrm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall pay all expenses and charges incurred for the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City shall bear all the costs and the Forester shall remove the trees or wood from the list of diseased trees. If the test confIrms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall be sent the ownerby the Forester, and the owner shall remove the diseased trees or wood or both as the case may be, within one week after receipt of the notice. Subd. 12 Spraying or Treatment of Shade Trees. Whenever the Forester determines that any shade tree or shade tree wood within the City is infected with shade tree disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possible the spread of shade tree disease thereto. The Forester may also cause the diseased shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in accordance with current technical and expert opinions and plans of the State Department of Agriculture and under the supervision of the Department whenever possible. The costs of the chemical means of treatment shall be borne by the City. The costs of the 7 - 17 City of Arden Hills Chapter 7 Lakes, Trees, Parks mechanical means of treatment shall be borne by the owner or occupant of the premises, the shade trees upon which have been mechanically treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the event of nonpayment of the bill within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10. The Forester shall notify, in the manner provided in Subd. 7, each owner or occupant of real estate within the City of the date after which shade trees on his or her property shall be chemically or mechanically treated, which date shall not be less than fIve (S) days from the date of mailing the notice. Section 720 - Arden Hills Parks System 720.01 Purpose. This Section is enacted for the purpose of and with the intent to regulate the use of the Arden Hills Parks System by members of the public in order to promote the fullest use and enjoyment of the system by the public in general and the citizens of the City in particular, to ensure safety for persons and property in connection with the use of the system, to harmonize and integrate the varying uses of the system, to protect public property and resources for posterity, .and to enhance the general health, safety and welfare of the citizens of the City. 720.02 Definitions. For the purpose of this Section, the following words and terms shall have the meanings respectively ascribed: 7 - 18 1 I -- I I I I I I III I I I I I I I ~ I r I ~ I I I I I I Ie I I I I I I I , I City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 1 City. "City" shall mean and refer to the City of Arden Hills, Ramsey County, Minnesota. Subd. 2 Council. "Council" shall mean and refer to the City Council of the City. Subd. 3 Department. "Department" shall mean and refer to the Parks and Recreation Department of the City. Subd. 4 Director. "Director" shall mean and refer to either theiJ?,~t:~tmlIa_Ii~~~ 1iO\fiW!J'[Q~~1~ the Parks and Recreation Director of the City, ~(t~~~'lmX9! p~e;.nllllPPQi1jt~!!, to the City Administrator. Subd. 5 Law Enforcement Officer. "Law Enforcement Officer" shall mean and refer to any member of the City's ~~~1~r.!?'~.Jtj;'t,~ p61iec department, or to any person duly deputized or commissioned by the Board of Ramsey County Commissioners or the State of Minnesota for the purpose of enforcing the laws, ordinances and regulations of their respective jurisdictions. Subd. 6 Open Space Site. "Open Space Site" shall mean and refer to any public park including the parking area and driveways appurtenant thereto, any pathway, any trail, m!-:)'; ~~~!1, or any other similar public open space area owned, ~, improved, maintained, operated or otherwise controlled by the City, or by the County of Ramsey, or by 7 - 19 City of Arden Hills Chapter 7 Lakes, Trees, Parks any other public agency. Subd. 7 Open Space Waters. "Open Space Waters" shall mean and refer to any shoreline included in the system and those waters lying within three hundred fIfty (350) feet and immediately abutting such shoreline. Subd. 8 Person. "Person" shall mean and refer to any individual, fIrm, partnership, corporation or association of persons. Subd. 9 System. "System" shall mean and refer to all of the open space sites located within the City. 720.03 gp~g Hours and Access. The system shall be open to the public during that period of time thirty (30) minutes before sunrise and thirty (30) minutes after sunset. No person shall remain, stop, use or be present within the confmes of any open space site during that period of time between thirty (30) minutes after sunset and thirty (30) minute's before sunrise. Exceptions may be made at the discretion of the director in the case of emergency or when special use permits have been authorized,~1\li];l~jJJm~___.mmn, or for other reasons the Director may determine necessary or desirabl~m;r~lt~!~a'mi'tim. 7 -20 I I -- I I I I I I " I I I I I I I .. I r ~ C;<y or Anlm ill'" I 720.04 Permits. I I I I I I . I I I I I I I ~ I Chapter 7 Lakes, Trees, Parks Subd. 1 When Required. Permits shall be required for the exclusive use of system facilities and for groups of more than twenty-fIve (25) people.l!'mi~~J?!I!(;g~E;92.!!it1!r~ffgm'j\tpt: PaFkSJ&~~ec1:emionmii'ectOI~QID';""ersnns"a:m1mme1]jb1eem'l':l'8'lYeats-m'fjll'~1!S1iallibe )i.~~T. .~~"~",~~~~,~i~..~!:!<i:4~1Z.t9d,~",~.t~,,,",,~,,,~._;:1-,w,,,,,~<,';21L;".i;/"~'"4''''''~'''''~~;;';''<'?''''''' ~gl121~(iIl@'lP,cri!J)jl ~: City had many notes on who issued permits, but the fmal note seemed to indicate that the director issued them. Please change if necessary. Subd. 2 Liability of Permittee. The permittee shall be liable for any loss, damage or injury sustained by the system or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. Subd. 3 Revocation. The Director shall have the authority to revoke a permit upon evidence of good cause. 720.05 Special Activities. Subd. 1 Airborne Activities. No person shall make an airborne ascent or descent in any open space site, except by permit. Subd. 2 Bicycling. 7 - 21 City of Arden Hills Chapter 7 Lakes, Trees, Parks . A. No person shall ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffIc. B. No person shall ride or operate a bicycle in violation of Chapter 169, of the Minnesota Statutes as amended. Persons riding a bicycle shall observe and obey all traffIc and directional signs. C. No person shall ride or operate a bicycle in any open space site except in a prudent and careful manner. ~: City had a question mark next to a note about rights of way. What is the city's intent? D. All bie)'de riders shall remain in single file and proeecd in tile extreme right hand lam: ef a dfi-/e'm bike'lIft)' at all times except '"hen passing 8:f\6ther vehiele 6r bie) dist parked 6r tra, ding i:r. the 3!11i1e direeti6n. ~: Because State law authorizes riders to ride 2 abreast, and because M.S.I69 is adopted by reference in B, there is no need for this provision. D. Wherever provided, bicycles shall be parked in locations set aside specifIcally for their storage. Subd. 3 Boating: 7 - 22 I I ~ I I I I I I " I I I I I I I -. I r I ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks A. No person shall launch or land any boat, canoe, raft or other watercraft on or from any shoreline which is part of the system except at locations specifIcally designated for such purposes. B. No person shall operate any watercraft within an area which has been designated as a swimming area. C. No person shall drop or throw from any watercraft garbage, litter or other debris. D. No person shall stand up in, rock or operate any watercraft in a careless or reckless manner. Subd. 4 Camping: A. No person shall establish or maintain any camp or other temporary lodging or sleeping place in any open space site, except by permit, and then only in areas specifIcally designated for such use. B. Permits for temporary lodging shall be issued to adults only, and the adult granted the permit shall be on the premises at all times during the duration of the permit. 7 - 23 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 5 Equestrian. No person shall ride or drive a horse in any open space site. ~: Are horses allowed on roads or other trails? Subd. 6 Fishing. No person shall take any fIsh, frog, turtle or crayfIsh by angling, spearing, archery, netting or trapping from any open space waters or from any shoreline, pier or dock included in the system except in specifIcally designated areas, and then only in accordance with State law. Subd. 7 Motorized Recreation Vehicle. No person shall operate a motorized off-road or all-terrain recreation vehicle within any open space site, except in such areas or on paved surfaces specifIcally designated for such use. No person shall operate a non-licensed vehicle on any parkway or other roadway within an open space site. Nm.!:: City indicated that it may wish to include motorbikes, mopeds, etc. Subd. 8 Picnicking. No person shall picnic in any open space site except in those areas designated and equipped for such use. Subd. 9 Snowmobiling: Nl11e: City indicated that it was considering banning snowmobiles in parks completely. A. No person shall operate a snowmobile in any open space site except in those areas or trails specifIcally designated for such use. 7 -24 I I -- I I I I I I eI I I I I I I I -- I r I ~ I I I I I I Ie I I I I I I I " I City of Arden Hills Chapter 7 Lakes, Trees, Parks B. No person shall operate a snowmobile at a speed in excess of limits specifIcally posted for such use or at a speed in excess of fIfteen (IS) miles per hour within one hundred fifty (ISO) feet of any fIsherman, fIsh house, pedestrian, skier, skating rink, sliding area, ski tow area or other area where such operation would conflict with or endanger other persons or property. C. No person shall operate a snowmobile within one hundred fifty (150) feet of any residence, except at a speed of fIfteen (15) miles per hour or less. Subd. 10 Swimming: A. No person shall bathe, wade or swim in any open space waters or at any public beach except in such areas specifIcally designated for such use, and only at such times when a City or otherwise authorized lifeguard is on duty. B. No person shall bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety. C. No person using open space waters shall swim outside of the marked area. D. No person shall bring into or use at any beach any inner tube, life raft or other inflatable or buoyant object intended to support a person, except U.S. Coast Guard approved life jackets or vests when properly attached. 7 - 25 City of Arden Hills Chapter 7 Lakes, Trees, Parks E. No person shall possess, carry onto or scatter on any beach, any glass bottle, broken glass, metal can or other debris which could be a safety hazard. F. No person shall use any ~~j!l_q:1Pl"Jills beach area for purposes of picnicking. G. No person shall launch, dock or operate any watercraft in any designated swimming area. 720.06 General Conduct. Subd. 1 Defacement, Destruction of Property and Resources. No person shall tamper with, injure, deface, destroy, disturb, damage or remove any part of any system building, structure, sign, lightpole, drinking fountain, hydrant, table, grill, equipment, statue, flower, tree, shrub, plant, turf, soil conditions, or mineral resource, nor shall any person plant or cause to be planted any wild, cultivated or exotic tree, shrub or plant except with the written permission of the director. Subd. 2 Animals. ~: Add Cross-Reference to animal section in fInal draft A. No person in custody of any pet or animal shall allow the animal to disturb, harass or interfere with other open space users or their property. 7 - 26 I I -- I I I I I I eI I I I I I I I ~ I I' I ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chaptef 7 Lakes, Trees, Parks B. All state and local ordinances relating to the licensing and muzzling of animals and pets shall apply to same brought into any open space site. Subd. 3 Hunting, Fishing and Molesting Wildlife. A. No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife including birds, waterfowl, fIsh or other animals found within the confmes of any open space site, except that fIshing may be permitted in designated areas subject to laws and regulations as established by the State of Minnesota. ~,e'fSQ.~iI19x.e1a.n~J&iXWg1;9mJl.~~ilt1@IQ~blicJ.g~ ~P8~9~~~~~ue1+J.\l.Mm'QJ';~.9.~~l.IYl C. No person shall rob, disturb Of molest the nest, eggs or young of any birds or other animals within the confines of any open space site. Subd. 4 Fires. A. No person shall start or maintain a fIre in any ~~ open space site except Jfflllll reerclltiBfllll flfcJ in f1replllet:3, flft: ringJ llfla m grills provided for that purpose in areas specifIcally designated for such use. Private grills may be used in 7 - 27 City of Arden Hills Chapter 7 Lakes, Trees, Parks designated areas provided that all ashes and residue therefrom be disposed of in containers provided for such disposal. B. Any person who starts or maintains a fIre in an authorized area shall !illtjt~x;~{~(lfe ~n!~tmIs~_~~~jI;~1l1Im_~~~~~tp.'[~ffi~1?S!\It~ll~!xi!!-~! exerei3e e~lltilltl8t13 8t1pervi3ien frem the time the fire i3 kindled t111til it i3 exti~t1i3hed. Subd. 5 Pollution, Waste and Litter. A. No person shall allow the release of any substance which shall result in the pollution of open space waters or endanger the health of the public. B. No person'shall deposit, scatter, drop or abandon in any open space site any paper, bottles, cans, sewage, waste, trash or other debris except in receptacles provided by the department for such purposes. No person shall deposit in any receptacle in any open space site any accumulation of waste or trash generated outside the boundaries of the site. Subd. 6 Fireanns, Weapons, Fireworks. No person except a law enforcement offIcer shall possess or carry a fIrearm of any description, any airgun, bow and arrow, knife with a blade greater than three (3) inches, slingshot, dart or projectile thrower, 2r,<f~, or any other dangerous or illegal weapon in any open space site. Nothing in this Section shall be construed to prevent the recreational use of fIrearms and bow and arrows on officially established fIelds 7 - 28 '. I ~ I . I I I I . I I I I I I I -- I r I ~ I I I I I I Ie I I I I I I I , I City of Arden Hills Chapter 7 Lakes, Trees, Parks or target ranges, illl:~~@l!t2I1iRltmtl~or~t!ispJ[ys:alJ!!1b,ri.i~d'p~1tl[e;city. Subd. 7 Disturbing the Peace. A, No person or group of persons shall iThrt\asoti1i51y.'.' disturb the peace and good order >,,,,,,~k.:._,,;,,.,_.._.,..*~. in any open space site by either word or act. B. No person or group of persons shall !!!11l'a~911-m~ disturb, harass or interfere with any open space user or the user's property. Subd. 8 Audio Devices. No person shall operate or play any sound emitting equipment in any open space site in such a manner that the sound emanating therefrom is audible beyond the immediate vicinity of the equipment. NMe: It would be better to specify a specifIc distance such as fIfty feet or whatever the council deems reasonable. Subd. 9 Loitering. A. No person over the age of six (6) years shall enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex. ~: City inquired about how State law addresses this issue. I believe there is a crimirial statute that addresses entering restrooms for the opposite gender, but I have been unable to locate it but will keep checking. 7 - 29 City of Arden Hills Chapter 7 Lakes, Trees, Parks B, No person shall lurk or loiter in or around the toilet or other system structure except to use such facility for the purpose for which it is intended. C. No person shall lurk or loiter in any parking area adjacent to any open space site. NOTE: As discussed in the first draft, Loitering is tough to enforce. Trespassing, harassment, etc. are specific issues that are easier to regulate. Subd. 10 Alcoholic and Intoxicating Beverages. No person shall transport, possess, offer for sale, consume or be under the influence of any alcoholic or intoxicating beverages in any open space site. Subd. 11 Smoking in Enclosed Structures. No person shall smoke a cigarette, cigar, pipe or any other similar object, or leave lighted matches or tobacco products unattended, in an enclosed Nilln.2 structure. Subd. 12 Games. No person shall engage in any potentially ,dangerous games involving thrown or propelled objects, such as, but not limited to, footballs, baseballs, horseshoes, arrows, golf balls, model airplanes, Frisbees, or any similar objects, in such manner as to interfere with the safety and comfort of others. ~~~J;i~!l!!1\m~~l:~ ~~lflli!Y~ll!c.~~p'!~ID~I:f1l.Jll~~.A~. Subd. 13 Advertising. No person shall distribute, disseminate, or cause to be displayed, any 7 - 30 'I I ~ I I I I I I " I I I I I I I -. I I' I ,. I I I I I I Ie I I I I I I I " I City of Arden Hills Chapter 7 Lakes, Trees, Parks leaflets, pamphlets, circulars, handbills, advertisements or other written or printed material except with the written permission of the Director. Subd. 14 Unlawful Sales. No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the City. JST.!ru:: Add Cross Reference to Peddling regulations in final draft. Sulld. 15 S6Iieitillg !.lm3. N6 pef3611 3Hall beg 6f 3elieit 111m3, 6611llti6113 6f ee)ftlfil:ll:It:i6113. NOTE: This provision has been removed due to rulings regarding first amendment rights. Cities have had some luck with anti-aggressive panhandling ordinances. Please contact the League for further information on these types of ordinances if the city is interested. Subd. 16 Construction. The construction of any above- or below-ground structure shall be subject to the approval of the Council. Subd. 17 Posted Regulations, Directional Signs and Graphics. No person shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any open space site or on any parkway. 720.07 Traffic Rules. 7 - 31 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 1 Location. No person shall drive or operate a motor vehicle within any open space site except upon roadways, parking areas, parkways or other areas designated for such use. Subd. 2 Parking. No person shall park, stop or leave a vehicle in any open space site or on any parkway during that period of time thirty (30) minutes after sunset and thirty (30) minutes before sunrise lliII.1~~-;tQI!iJ~Elrp~1~d.. Exceptions may be made at the discretion of the Director in the case of emergency or when special use permits have been authorized, or for other reasons the director may determine necessary or desirable. Subd. 3 Maintenance. No person shall wash, grease, change oil, service or repair any vehicle in any open space site. All disabled vehicles shall quickly be made operational or removed from the open space site. '. 720.08 Penalties for Violation. Subd. 1 Misdemeanor. Any person violating any of the provisions of this Section shall be adjudged guilty of a misdemeanor and upon conviction shall be subject to a fIne mll ~w.J.!t!l[ill not to exceed f!l~J@.~~1fe~y.;l~J:..em.m. $700 IInd/ay II jliil senteftee, net 16 exceea 90 daY3. Subd. 2 Ejection. Any person violating any of the provisions of this Section may be expelled, ejected or ousted at such time from an open space site at the discretion of a law 7 - 32 'I I -- I I I I I I -- I I I I I I I -. I I' 1 " I I I I I I Ie I I I I I I I , I City of Arden Hills Chapter 7 Lakes, Trees, Parks eriforcement offIcer or department employee. , 7 - 33