HomeMy WebLinkAboutCCP 06-28-1999
FILE
CITY OF ARDEN HILLS
4364 WEST ROUND LAKE ROAD
ARDEN HILLS, MN 55112-5794
AGENDA
CITY COUNCIL MEETING, CITY HALL
MONDAY, JUNE 28, 1999, 7:30 P.M.
.
C'ity Philncnphy
To provide a basic and necessary scope
of quality services through the
innovative and purposeful use of
physica~ rmancial and human resources.
THE REGULAR MEETING OF THE
ECONOMIC DEVELOPMNET AUTHORITY (EDA)
HAS BEEN CANCELLED.
7:30 P.M.
1.
Call to Order
.
7:30 P.M.
2.
Approval of Meeting Agenda
7:30 P.M.
3.
Public Hearing, Presbyterian Homes Bond Issue
a. Res. #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)
7:30 P.M.
4.
Public Information Meeting
(Highway 96 Reconstruction - I-35W to Lexington Avenue)
8:15 P.M.
5.
Approval of Minutes
1. June 14, 1999 Regular Council Meeting
2. June 21,1999 Council Worksession
.
PHONE: 16121633-5676 . FAX 16121633-7839
..
"
'"
,.~ ......,.
.
AGENDA - PAGE TWO
CITY COUNCIL MEETING, CITY HALL
MONDAY, JUNE 28,1999,7:30 P.M.
.
8:20 P.M.
6.
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
Donnal sequence on the agenda
8:25 P.M.
8:30 P.M.
8:40 P.M.
8:50 P.M.
9:00 P.M.
a. Claims and Payroll
b. Business License Application
7.
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.
8.
Unfinished and New Bnsiness
a. Municipal Code Codification, Chapters I - 4
b. Arden Manor Park Project
.
9.
Administrator Comments
10.
Council Comments and CommitteelDepartment Activity
Reports
11.
Adjourn
The above times may vary depending upon length of issue discussion.
TlMlbltive Jul" MeetIDlI' Schedule
Meeting dates, times and locations are subject to Change.
Please contact City Hall for the most current schcduIe.
TentAt!w, ........1It MHti". !IWo.edub!
Meeting dates, limes and locations are subject to change.
Please contact City Hall for lhe mOIl CUII'ODt schedule.
July 7 Planning Commission 7:30P.M.
July 11 CouDcll Meedng 7:30 PM.
luly15 Operations Committee 6:30P.M.
"""'......
July 19 Counell WorksessioD 4:45P.M.
July 26 Economic DeovelopmeDt 7:00 P.M.
Authority
July 26 CO_Dell MeetlDI7:30 PM.
July 27 Parlts&Recreation 7:00P.M.
eomm_
July 28 1-35W Corridor 5:30P.M.
Coalition Board Meeting
July 28 Communications 6:00P.M.
eomm_
August 4 PImning Commission 8:00 P.M.
August' Couadl Meetl_. 7:30 P.M.
Augastl6 Cooatil WorklessJoa 4:4! P.M.
August 24 Parlal & R.ecramon 7:00P.M.
Committee
August2S Communications 6:00P.M.
Committee
August 30 Economic Development 7:00P.M.
Authority
AugustJO Council MeetIng 7:30P.M.
.
06/25/99 FRI 11:45 FAX 6126337839
TRANSMI SSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
CIty of Arden Hills
IgJ 001
*********************
... TX REPORT ...
*********************
4282
6124219511
06/25 11: 44
00'53
2
OK
06/25/99 FRI 12:35 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
~OOl
*********************
*** TX REPORT ***
*********************
4293
6124219511
06/25 12:33
01'25
3
OK
06/25/99 FRI 11:51 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
~OOl
*********************
*** TX REPORT ***
*********************
4285
6286833
06/25 11: 50
00'44
2
OK
06/25/99 FRI 12:14 FAX 6126337839
TRANSMI SSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
I4i 001
*********************
*** TX REPORT ***
*********************
4286
6339550
06/25 12:13
00'45
2
OK
06/25/99 FRI 12:26 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
141001
*********************
*.. TX REPORT *.*
*********************
4287
6333846
06/25 12:24
01'20
2
OK
06/25/99 FRI 12:27 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
CIty of Arden HIlls
II!I 001
*********************
*** TX REPORT ***
*********************
4288
4810551
06/25 12:26
01'02
2
OK
06/25/99 FRI 12:30 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
CIty of Arden HIlls
19J001
*********************
*** TX REPORT ***
*********************
4290
6122279371
06/25 12:29
01'05
2
OK
06/25/99 FRI 12:33 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
~001
*********************
*** TX REPORT ***
*********************
4292
4821262
06/25 12:32
01'00
2
OK
06/25/99 FRI 11:49 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
I4i 001
*********************
*.. TX REPORT ...
*********************
4284
6123701378
06/25 11: 48
00'51
3
OK
06/25/99 FRI 11:47 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
.
.
City of Arden Hills
~OOl
*********************
..* TX REPORT ...
*********************
4283
6461220
KMWB WB23 MPLS M
06/25 11:47
00'53
3
OK
r
-
.
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 25,1999
TO:
FROM:
Mayor and City Council
Brian Fritsinger, City Administrator@
SUBJECT:
Administrator Comments for the June 28, 1999 Council Meeting
1.
2.
3.
Public Hearin!!. Presbvterian Homes Bond Issue
a. Res. #99-19. Preliminary Approval of Bond. Presbyterian Homes
The City Council is asked to adopt Resolution #99-19, 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. The
adoption of this resolution will allow Presbyterian Homes to continue to proceed with
their efforts to issue bonds for a variety of projects. Due to some changes in the
program, the [mal approval for this project is not expected to come before the Conncil
for 4-8 weeks.
Public Information Medin!!, Hil!hwav 96 Reconstruction
Jim Tolaas, Ramsey County Public Works, will be in attendance to present the latest
design for the Highway 96 and Highway 10 improvements. Ramsey County is seeking
Council approval of the preliminary design so that the County can begin work on the
final design of the project. The County has sent notices to approximately 400 individuals
potentially impacted by the proj ect.
Approval of Minutes
The City Council is asked to approve the Minutes of the June 14, 1999 regular City
Council meeting and the June 21, 1999 City Council Worksession.
4.
Consent Calendar
a. Claims and Pavroll
The City Council is asked to approve vendor claims in the amount of$297,167.55,
and payroll for the period most recently ended. The Council should note payment to
Forest Lake Construction in the amount of$123,367.27 for Pay Estimate #2; to Lake
Johanna Volunteer Fire Department in the amount of $42,498.39 for third quarter fire
protection services; to MCES in the amount of$37,050.68 for July sewer charges;
and to Ramsey County Property Records in the amount of $52,929.34 for June law
enforcement services.
,
Administrator Comments for the June 28, 1999 Council Meeting
Page Two
June 25, 1999
e
b. Business License Application
The City Council is asked to approve the 1999 Business License for Lee's World
TaeKwonDo Academy, 3549 North Lexington Avenue.
3. Unfinished and New Business
a. Municipal Code Codification Review. Chanters 1 - 4
The City Council received Chapters 1 - 4 of the revised City Code at last week's
Council Worksession meeting. The City Council is asked to bring these chapters of
the Code to the meeting and be prepared to provide staff with feedback on a variety of
questions. The Council should review the chapters and also be prepared to ask any
questions it may have on the content of the chapters.
b. Arden Manor Park Proiect
The Parks and Recreation Committee has recommended that the City Council
consider improvements to Arden Manor Park as described in the staff report. 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.
.
4. Denartment Report
The City Council will find the department report enclosed for each of the various City
Departments. Activities related to the Administration Department include:
. General Administration
Miscellaneous items worked on during June included:
. Processed several new business license applications
. Codification
. 1999 Committee Restructuring/Task Force Creation
. City Hall Construction Contract/Land Transfer/Audio Visual Component
. Coordinated summer hours
. Day in the Park planning/coordinating
. Year 2000 Assessments
. 2000 Budget and Capital Improvement Plan
. Communications Committee
The committee is currently working on the July, 1999 edition. The Committee
prepared and delivered the June edition. The Committee will be discussing the
additional responsibilities it has been assigned as the Communications Committee.
.
(
e
e
e
Administrator Comments for the June 28, 1999 Council Meeting
Page Three
June 25, 1999
. Community Reoresentations
As City Administrator, I've attended a variety of meetings representing the City this
past month, including TUG; 1-35W Corridor Coalition; Rotary; North Suburban
Cable Commission; North Suburban Tobacco Compliance; Joint Fire Board; NSP;
and MnDOT.
. "i!!hwav lOlHi!!hwav 96IMNDOT Imorovements
Staff met with Ramsey County and MnDOT officials to work on the design for the
Highways 10196 interchange.
. City Hall
The temporary City Hall was retrofitted by closing off a wall near the lunchroom.
. Parks Director Position
Continue to participate in Parks and Recreation activities as Mr. Moore trains our
Recreation Program Supervisor and works into his role as Parks and Recreation
Director.
. Recreation Pro!!ram Suoervisor Position
Met with Parks and Recreation staff to streamline the hiring process and record
keeping for temporary part-time employees in the PIR department.
. Park Develooment
. Bethel Park
Staff has continued to have occasional meetings with Bethel College
representatives about the proposed park project.
. Arden Manor Park
Staff has worked with the City's Consulting Engineers, BRW, to revise the plan
for Arden Manor Park. In addition, staff completed research into the potential
contamination of the pond located within the park.
. County Road F/Hamline Avenue Trail Grant
Staff worked with Minnesota Department of Natural Resource officials on the
County Road F Trail Grant, and the subsequent decision to proceed with the trail
along the west side of Round Lake.
.
j
k
e
.
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 25, 1999
Mayor and City Council ru
Brian Fritsinger, City Administrato~
Presbyterian Homes Bond Sale
TO:
FROM:
SUBJECT:
Back!!round
At its May 24, 1999 meeting, the Arden Hills City Council scheduled a public hearing for June
28,1999, to consider the issuance of Health Care Revenue Bonds. This hearing was scheduled
at the request of Presbyterian Homes.
What is the amount of the bonds bein!!: considered?
The total amount of the bonds being proposed is not expected to exceed $30,000,000.
Where will these bond proceeds be utilized?
The project to be financed by the bonds consists of the refinancing, acquisition, construction or
renovation of facilities at several locations. These include facilities in Arden Hills, Little
Canada, Spring Park, Bloomington, MN; and Ankeny, IA.
Has the City previously been involved in the issuance of bonds on behalf of Presbyterian
Homes?
The City has, on several occasions, issued bonds on behalf of Presbyterian Homes. The City, in
1991, 1992 and 1995, approved action that permitted the refinancing of an existing Revenue
Bond for Presbyterian Homes. These funds were used exclusively at the Arden Hills facility.
Is the City obli!!ated to use tax dollars to payoff the bonds. should Presbyterian Homes
default?
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.
What are the remainin!!: considerations bv the City?
The City 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.
.
e
e
e
Memorandum, Presbyterian Homes Bond Sale
Page Two
June 25, 1999
Recommendation
The City Council is asked to adopt Resolution #99-19, 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).
.
e
e
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 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)
WHEREAS, in connection with the issuance of the Bonds it is proposed that a Joint
Powers Agreement (the "Joint Powers Agreement") be entered into among the City and
the Cities of Little Canada, Spring Park, and Bloomington, MN; and Ankeny, lA,
pursuant to Minnesota Statutes, Section 471.59 and Iowa Statutes, Chapter 28E; and
WHEREAS, Minnesota Statutes, Chapter 462C (the "Housing Program Act) confers
upon cities, the power to issue revenue bonds to finance a program for the purposes of
planning, administering, making or purchasing loans with respect to one or more
multifamily housing developments within the boundaries of parties to the Joint Powers
Agreement; and
WHEREAS, the City of Arden Hills, Minnesota (the "City") has received from
Presbyterian Homes Housing and Assisted Living, Inc. (the "Developer") a proposal that
the City undertake a program to finance a Project hereinafter described, through the
issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to
the Housing Program Act; and
WHEREAS, the City desires to facilitate the development of rental housing within the
community; encourage the development of affordable housing opportunities for residents
of the City; encourage the development of housing facilities designed for occupancy by
elderly persons; and encourage the development of blighted or underutilized land and
structures within the boundaries of the City; and the Project will assist the City in
achieving these objectives; and
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165, relating to
municipal industrial development (the "Industrial Development Act"), gives
municipalities the power to issue revenue bonds for the purpose of the encouragement
.
.
.
Resolution No. 99-19
June 28, 1999
Page Two
and development of economically sound industry and commerce to prevent so far as
possible the emergence of blighted and marginal lands and areas of chronic
unemployment; and
WHEREAS, the Project to be financed by the Bonds consists of the refinancing,
acquisition, construction or renovation by the Developer of housing and/or health care
facilities as more particularly described in Exhibit A. The Developer will be the initial
owner and operator of The Mayfield and the Gardens of Gideon Pond; McKnight Care
Center and Lakeview will be initially owned and operated by Presbyterian Homes of
Arden Hills, Inc.; Presbyterian Homes on Lake Minnetonka, will be initially owned and
operated by Presbyterian Homes Care Centers; Bloomington Care Center will be initially
owned by Presbyterian Homes Bloomington Care Center, Inc.; and Mill Pond Care
Center will be initially owned and operated by Presbyterian Homes Mill Pond Care
Center, Inc. The Developer and/or one or more or all of the foregoing entities will be the
obligors under the Bonds (the "Obligated Group"). Presbyterian Homes Management and
Services, Inc. will initially manage all facilities. The Project will result in the provision
of additional rental housing opportunities to elderly persons within the community; and
WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, Subdivision 2, the
City has heretofore submitted to the Metropolitan Council (the "Council") a program to
finance the Project; and
WHEREAS, a public hearing on the Project was held on the date hereof, after notice was
published and materials made available for public inspection at the City Hall, all as
required by the Housing Program Act, the Industrial Development Act and Section 147(f)
of the Internal Revenue Code of 1986, as amended (the "Code"), at which public hearing
all those appearing who desired to speak were heard and written comments were
accepted; and
WHEREAS, no public official of the City has either a direct or indirect financial interest
in the Project nor will any public official either directly or indirectly benefit financially
from the Project:
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden
Hills, Minnesota, as follows:
.
.
.
Resolution No. 99-19
June 28, 1999
Page Three
I. The City hereby gives preliminary approval to the proposal of the Developer
that the City undertake the Project, described above, and the program of
financing therefor, pursuant to the Housing Program Act and the Industrial
Development Act, consisting of the refinancing, acquisition, construction or
renovation of housing and/or health care facilities within the City pursuant to
the Developer's specifications and to a loan agreement between the City and
the Developer on such terms and conditions with provisions for revision from
time to time as necessary, so as to produce income and revenues sufficient to
pay, when due, the principal and interest on the Bonds in the total principal
amount of not to exceed $30,000,000 to be issued pursuant to the Housing
Program Act and the Industrial Development Act to finance the refinancing,
acquisition, construction and renovation of the Project; and said agreement may
also provide for the entire interest of the Developer therein to be mortgaged to
the purchasers of the Bonds, or a trustee for the holder(s) ofthe Bonds; and the
City, acting by and through the City, hereby undertakes preliminarily to issue
its bonds in accordance with such terms and conditions.
2. At the option of the City, the financing may be structured so as to take
advantage of whatever means are available and are permitted by law to enhance
the security for, or marketability of, the Bonds; provided that any such
financing structure must be consented to by the Developer.
3. On the basis ofinformation available to the City it appears, and the City hereby
finds, that the Project constitutes a multifamily housing development within the
meaning of subdivision 5 of Section 462C.02 of the Housing Program Act; that
the availability of the financing under the Housing Program Act and the
willingness of the City to furnish such financing will be a substantial
inducement to the Developer to undertake the Project, and that the effect of the
Project, if undertaken, will be to encourage the provision of additional
multifamily rental housing opportunities to residents of the City, and to
promote more intensive development and use of land within the City.
4. In addition, on the basis of information available to the City it appears, and the
City hereby finds, that the Project constitutes properties, real and personal, used
or useful in connection with a revenue producing enterprise within the meaning
of Subdivision 2(b) of Section 469.153 of the Industrial Development Act; that
the availability of the financing under the Industrial Development Act and the
willingness of the City to furnish such financing will be a substantial
inducement to the Company to undertake the Project, and that the effect of the
.
.
.
Resolution No. 99-19
Page Four
June 28, 1999
Project, if undertaken, will be to encourage the development of economically
sound industry and commerce, to assist in the prevention of the emergence of
blighted and marginal land, to help prevent chronic unemployment, to help the
City retain and improve the tax base, to provide the range of services and
employment opportunities required by the population, to help prevent the
movement of talented and educated persons out of the state and to areas within
the State where their services may not be as effectively used, and to promote
more intensive development and use ofland within the City.
5. The Project, and the program to finance the Project by the issuance of revenue
bonds, is hereby given preliminary approval by the City subject to final
approval by the City, the Developer and the purchasers of the Bonds as to
ultimate details of the financing of the Project.
6. All prior actions taken by the City Staff in directing Briggs and Morgan,
Professional Association, acting as bond counsel to: prepare a housing
program for financing the Project prepared in accordance with the provisions of
Mirmesota Statutes, Section 462C.03 are hereby ratified, affirmed and
approved.
7. The Developer has agreed and it is hereby determined that any and all costs
incurred by the City in cormection with the financing of the Project whether or
not the Project is carried to completion will be paid by the Developer.
8. Briggs and Morgan, Professional Association, acting as bond counsel, is
authorized to assist in the preparation and review of necessary documents
relating to the Project, to consult with the City Attorney, Developer and the
underwriter of the Bonds as to the maturities, interest rates and other terms and
provisions of the Bonds and as to the covenants and other provisions of the
necessary documents and submit such documents to the City for final approval.
9. Nothing in this Resolution or the documents prepared pursuant hereto shall
authorize the expenditure of any municipal funds on the Project other than the
revenues derived from the Project or otherwise granted to the City for this
purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property or funds of the City except the revenue and
proceeds pledged to the payment thereof, nor shall the City be subject to any
liability'thereon.
.
.
e
e
Resolution No. 99-19
June 28,1999
Page Five
The holder of the Bonds shall never have the right to compel any exercise of
the taxing power of the City to pay the outstanding principal on the Bonds or
the interest thereon, or to enforce payment thereon against any property of the
City, except such property as may be expressly pledged for the security ofthe
Bonds. The Bonds shall recite in substance that Bonds, including the interest
thereon, are payable solely from the revenue and proceeds pledged to the
payment thereof. The Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation.
10. In anticipation of the approval by all necessary entities of the housing program
and the issuance of the Bonds to finance all or a portion of the Project, and in
order that completion of the Project will not be unduly delayed when approved,
the Developer is hereby authorized to make such expenditures and advances
toward payment of that portion of the costs of the Project to be financed from
the proceeds of the Bonds, as the Developer considers necessary, including the
use of interim, short-term financing, subject to reimbursement from the
proceeds of the Bonds if any when delivered but otherwise without liability on
the part of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN
HILLS THIS 28TH DAY OF JUNE, 1999.
DENNIS PROBST, MAYOR
ATTEST:
BRIAN FRITSINGER, CITY ADMINISTRATOR
,
e
e
e
="
="
="
....
00
IN
..
=
=
...,
="
....
,
="
="
o
z
=
o
.-
...
=
-
o
O'l
..
~
<:
f-o
....
~
....
=
><
f;I;l
'"
'"
<1)
-l5
"0
<:
...
.-
-
.-
U
<Ii
...
'+-<
o
<1)
~
Z
'+-< 00
~.s ....1
p"'-
OJ .~ 'g
z~...
'"
"0
<1)
<1)
u
o
...
~
"0
r::
o
~
'+-<
o
<1)
'"
~
Cd)~
:.:::.s~
[..<:: 8"0
.- u _~ ~
0,- ,,\,I
.- ~ (1) U
S ~ ~ 0
- <1)-
~.S A.~
.",
ta
~
<1)
;:; <Ii
o -0
~ '"
<Ii <1)
a .~
.a~
~ ~~
Cl)~
~::c:
.....l =
o <1)
N"O
N~
M
<1)
8
o
..<::
00
=
'U;
...
=
r::
"0
<1)
.D
00
o
N
;..:
... .E:l
fo~
.- u
~ <1)
u ta
~u
...
<.S
... 00"0
"0 .@ .S ~
Q) ;> .-
"'Ot;.;O'\;.=oo
c:: ._ ......-I (IJ
ea ~ "'t:j 1:: "'0
~ ra.g=a
'2 ;;.-. ~ ;;.-.
~~ ~:!5
t-.- d) .-
u"O u
S:; t.f9 .S ~
00
r::
.;;
:.:::
p
.-
-
.-
u
<S
"0 s:
~ .~
<1)
~
.....l
r:: '"
<1) '" <1)
~ <1) <1)'5 @
<r;"O S ~ CZl '.g
,+-<[iJ<1)::C:"'::'~
000> "00
P.S ~ [iJ .~ ~
u =t U') 'C 0 ~
00 0 .!:l .E:l ~ ~
~ ~ :!5 >-. . +:J
._ _._.,L:J U Q)
'"CI ~ U rI'.l t::. u
l:::::o~~~C:
<Ii",...~,"Oj
't; 0 Cl) .., +-' ~
Sata..<::~'-'=
o:';;uc~"O
"o""'..<::",r::[iJ
d "'........ "'0 .-
<E==Cdt::.~~
~ffi~~'Ci;:::
<Ii"
::::: <Ii
~~
~ ~
~~
'" <1)
<1) u
._ r::
.~ ~
- =
'u 00 v:l
Cl:I .6 .~
""-,,=,+-<
<1) ... 0
.s ~ '"
~ .... ~
0000
... r:: u
r:: .-
<1) u "0
8 [iJ [iJ
<1) r:: '"
>~.......
e 00 ~
"" r:: U
8 ::a <il
.- :;:j .....
""0- .-
r:: g g.
ctj:._ u
J OJ
.:: '0
... '"
A <1)
<1) a
U .-
.s~
~
... OJ"
J;l"g
~d
o~
~ .1;:
N.....l
'"
r::
o
'"
...
<1)
""
;;.-.
-
...
<1)
"0
-
<1)
...
0Il<.S
.S "'d
~ <1) '"
.......:.= ~~
'2 ~'oo en
::3 OJ Q) tu
ca "'0 "'0 A
.-4[j.o~
i p...- 1:
~.g13.g
~.5 c.f9 0)
"0
-
<1)
'-'=
~ ~
E-<~
....
,
<:
'"
<1) -0
'E l1) U')
2 0Il~ ~
o .S ';;;:.;;
pgJ"O"",N
._ 0 c: ~ g::
u::c: 0 0....
OIlOj~~'"
r:: ... <1) 8 <1)
.- o::t .~
"0 '" r:: 0 ~
[iJ<1)<1)::C:CZl
... a ~
~:.;; ~.~ %
o ~ U'l ~.~
'"CI {l:I....~ ..... 0
g~::EEP::
t a'u ~ c)
r:z::u~~.E
'"
"0
<Ii OJ
[iJ ...
u ~
<1)
E a
;J~
.,;
~
~
'"
~
:=:
,
e
e
e
'"
'"
'"
....
~
N
..
=
=
,.,
o
~
..
b/l
<II
p...
'"
....
,
'"
'"
=
Z
=
o
.~
....
=
-
o
'"
~
'"
'"
<1>
-B
-0
<(
'e
..
=
=
.-
....
=
o
C,j
<'
E-<
....
=
....
=
X
r.-<
.....
.-
-
.~
p;..
<;...,
o
<1>
~
Z
<;...,
~ '~''''''I
S.....-
~ "'.-
.."" .- u
Z :>< OJ
~p;..
'"
-0
<1>
<1>
U
o
....
~
-0
I::
o
1=0
<;...,
o
<1>
'"
;::J
.0<1>
=-:5
11..<::
.~ U
U .~
.~ ..<::
S ~
::;s .S
.....
<::
<1>
S-o
Q.,<1>
..9~
<1> U
;> 0
<1>-
~ .~
cO
oJ' 0
;> '"
.- Q)
o 2
.13 ~
]~
.2~
CIl 01)
t- .5
N ....
'" Q.,
","CIl
01)
I::
.;;;
....
::l
<::
-0
~
:.g
'"
....
e.S
-0
<1>
5b
.;;;
<1>
-0-0
<1>0
.rJ ._
-
N '0
~~
'"
<::
o
'"
....
<1>
Q.,
;>.
-
....
<1>
-0
-
<1>
I:: cO
OJ ~
'C ~ C.
<1> 0 0
~ {r.J l)
~ S J.;l [3
~ 0 "cd .-
~::C:.....:i::;S
01) A
.S t> <;...,
tl r::.~ 0
en ~ .~ 8 ......
<;..., OJ '-' ~ <1> <::
ouc.....s<1>
.g.s~~8~
U":lI::<1><::O
~^~~ouOj""OI).;!l
~-,." <::Q.,I::'"
I:: ::c: .... <1> ,.... '"' '-o~ 0
'-o-~<1>""~'" U
..'" - ~ "'tj'- ::;j-
~oSUI::-ooOj
...... tf.) 11) ..... ~ ~ r:: .'t:::
{/:l (l) ;> ~ Cd .- ~
~Q(1)ti3"""t::>-'C':i
o .S ~ (l) g:: 0 .~ (.) ..,
"'" .............- - 01) -
-0 "'" 0"'" -:;;'0:; I:: U
~ d:5 .g.~ ~ ~ :E a
(l) ~ ~ .= t ~ (l) 0 ~
p::: ~ p;.. = CIl ~ .s ~.~
<;...,
o
01)'"
I:: 1;:;
'0 0
Q U
OJ-o
.g ~
~" OJ
~o
'"
01)<1>
<:: I::
.~ .5
~::;s
.::l
o
-rl'~
<1> I::
~ Q
CIl~
..<::
..... >:f
d; 0
.....tb
~ .5
~ ~
- 0
0-
","1=0
<1> ....
~cE
"<::-0
01)<1>
.S 5b
~ 'c;j
::l <1>
<::-0
-0.0
<1> ._
.D:-:::
o U
ootS
Q
~~
Q Q
._ <1>
SU
o <1>
oS ~
I=OU
'"
'" <1>
1:l.s
-0 <;...,
E 0
.rJ Q
<1> 0
"'tj 'p
I:: ._
.- '"
01) .-
Q S-
'p <)
'" OJ
'B .s
<1> 0
01).....
;;-0
..<:: <1>
~ ~
6]
g
tb.::l
Q 0
.- '"
S <1>
o [3
o ._
ai::;S
'"
s
'"
I:l
Q.,
;>.
"5
-0
.,
Q
o
.- ;>.
-:;;.....
>:.=:
o '0 4-l
5tSO
~ Cl) ti
(l) -:S ~
.s<;...,U
<1> 0 01)
U Q
~ ~'8
,8 S OJ
~ <1> Q
-o;>t+::
[;j 8 01)
o Q.,.S
;.:::::: .13]
'u "0 Q
tS [;j .S
N
,
<(
<1>
U
[;j
::l
'"
'"
.-
.a
~
~
'"
~
o
.
e
e
e
0'\
0'\
0'\
....
~
M
..
=
,.;
..
..
....
.::
Eo-<
..
OJ)
0:
j:l.;
0'\
....
,
0'\
0'\
o
Z
=
Q
.~
....
=
-
Q
'"
..
~
'"
'"
"
-i3
'"0
<C
...,
..
=
=
.~
....
=
Q
...
<'
Eo-<
....
i:tl
....
t:I:i
~
r.-:l
....
:=:
.~
u
<<l
....
<...,
o
"
....
::l
"'id
Z
<...,
~ .s.....1
s....-
- "'.~
~~ .- t)
Z ~ 0;
iJ:.l....
'"
'"0
"
"
u
o
....
j:l.;
'"0
s::l
o
CO
<...,
o
"
'"
~
>'~5
;E.s
~.:: 2.1$
'0 .~ ..9 td
.-....c: d) C)
3~E;..s
~.S ~.~
;s"
::l
o
rn <<l
....
" 0
::l '"
s::l ~
~ .:
<C .-
.:~
o '
~ g
"bn
Z .S
o S
M 0
o 0
0-
-CO
'"0'"0
" "
1;; 51
._._ U)
'" '" s::lo
'" "
<<l '"0 U)
.... t
'8 .0 .-.
:::s...... -
:;::: ~
ca~i::
E f.j:.:; 0
o eo:9
.... .: "
\0 .- ;...
oo~~
'"0
<..., .:
o 0
",j:l.;
.: s::l
" 0
'"0 "
[;;:9
t:It:I
d' 0 4-4
Q) aU 0
'E~ ~~
._ ro ] ~ ro 0 ~
....l U f-< s::l.S 1:1 ~
4-1 ,-,=- 0 bf)Q
~:E ~ ~ sf s .~ 11
.~ a3 s=c......0'\ ~ t:: (I:j
u:r;:oo_O<<lU)
~ 1ZI ~ t::.......
bf)~ QJrJ:J~t+::.{/l
.S 0 ~ s " s ~^ 8
--0 U'l t:: 0 '5 .- ~..-
.:" " ""'rn '"O:=: <<l
.BS;>~ ~Q,,",,=.~
U') .=:= ~ a C' d _ ~
'5 "'" '"'" .~ u s::l ~ u
o ~ U) ~ 0 0 ~ Q)
... Q,) <lJ'S,- .- bf) u
'"0 <<l..;:l>.,...."'id:>..: s::l
~~~,.D~;>:==::.QCd
~ = 'u U) .< 0 .~ .... ::l
aJ ~ ~ e ~ = u 0 {/l
~ U .... j:l.; ..s ~ <IS ~ .~
'"0
g
j:l.; <<l
~]
1ii ~
<<l .:
" "
;s..><:
g~
~ 'go
o 0
S:!u
"
s
o
..0
0/)
s::l
.-
U)
~
'"0
"
~
o
'f:)
....
'"0 .@
=
<<l"2
aE
~ ~
UO\
<IS"<t
t
'"01:1
g "
j:l.;U
_ "
~~
'"0
'"0 "
B 5h cI.l
.~ .~ t::
U) " 0
~'"O~
:C"
.- p..
~ >.
u-
~ ~
O/):::!
.: "
.~ ....
~~
M
.
<C
<...,
<..., 0
o OJ) J1
.... s::l U)
Q .- 0
" u u
s~'"O
ci"s::l~
o > ~
.~8bI}~
._ ~ = r.n
U) ,",'_ 0
.- ~ "'0 (,)
:::S._ :::s_
cr'"O- tl:S
u .-I (.) ......
0; 8 .S 's..
]s::l:C~
....... 0._
.., .- - OJ) (\)
Q 1rj'u ~ C)
a~c.fS:Ea
s::l s::l " 0 fil
~ ~;s ~.~
~
-
~
~
~
~
~
0,
~
"
1
,
,
.'
'! .
-
fII
- ....
--
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 24, 1999
TO:
Mayor and City Council 1:1\
Brian Fritsinger, City Administratot!l./'
FROM:
SUBJECT:
Highway 96/Highway 10 Public Information Meeting
Backl!round
As the City Council is aware, Ramsey County has been working with MnDOT to develop a final
design for the Highway 10 area that is acceptable to MnDOT. MnDOT has not favorably
received the original ramp option recommended by the City.
Jim Tolaas, Ramsey County Public Works Project Manager, will be in attendance at Monday's
meeting for the purpose of presenting a frontage road option that has been preliminarily
approved by MnDOT. Approximately 400 notices were sent out to residences affected by the
Highway 96 and Highway 10 project.
Staff has enclosed copies ofthe original ramp option, and the frontage road option, for City
Council review.
Issues of Consideration
Each of the options has numerous positive and negative impacts on the community. Some of the
key impacts to consider are:
1. Oril!inal Ramn Ontion
. Length of time to secure property from Federal Govermnent for northbound ramp
. Lack of stacking capacity on left turn lane to Old Highway 10
. Long-term ability to keep various curb cuts onto Highway 10 is a MnDOT decision
. Design encourages a more Arden Hills-friendly design
2. Fronta!!e Road
. Stacking capacity in left turn lane onto Old Highway 10 is enhanced by elimination of
northbound ramp
. Plan includes and identifies long-term future interchange into arsenal in the general
location of the Big 10 Supper Club
. Realignment offrontage road at Old Highway 10 appears to need further consideration
. Additional six (6) homes are potentially relocated
. It strengthens the concept that U.S. 10 is simply an off-ramp ofI-35W
. Impact on additional mobile homes, Big Ten Supper Club, and Scherer Brothers still
needs to be determined
Memorandum, Highway 96/Highway 10 Public Information Meeting
Page Two
June 24, 1999
Scherer Brothers Lumher Co.
A meeting was held with representatives of Scherer Brothers to gain reaction to the ramp option
and its possible affect on their business. They generally were favorable to the frontage road
option, and felt it a much safer condition for their truck drivers than the current or ramp
alignment. They also favored the beginning of the frontage road at a point south of their existing
property line.
ReQuested Action
The City Council is asked to consider the frontage road option, and provide feedback to Ramsey
County regarding this option.
r
-
-.
.... -
--
~6/18/99 FRI 11:17 FAX 6514825232
RAMSEY CO PUBLIC WORKS ~~~ ARDEN
141002
Department of Public Works
Paul L. KirltWold, P.E., Director and Coun~ Engineer
ENGINEERING/OPERATIONS
3877 N. Rice Street
Bhoreview, MN 55126
(651) 484-9104. Fax 482.5232
ADMINISTRATlONILAND SURVEY
60 West Kellogg Blvd" Suite 910
St Paul, MN 55102. (661) 261'.-2600. Fax 26&-2616
E.mall: publicWarks@pw.co.ramsey.mn.us
Public Informotion Meeting
Highway 96 Reconsrruction - Inr",.stote. jjW to Lexington Avenue.
Arden Hills City Hall, 4364 West ROIITIQ Lake Road
JIlTle28.1999-7:30PM
De",. ResidentIProperty Owner:
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 l.3SW to Lexington Avenue. Several alternatives
have been evaluated with respect to local and regional needs. Many of these alternatives have been presented to
the public at previous meetings and refined further based on public comment. Common design elements include:
.
.
Urban section
Concrete curb and gutter
Concrete pavement
Two through lanes in ea.c:h direction
Eight foot shoulders
Left and right turn lanes
Storm sewers and storm water treatment ponds
Signals at major intersections
Landscaped medians and boulevards
.
.
.
.
.
--
.
.
The most challenging issues identified in this segment have been in the area between 1-3SW and US Highway 10.
ConflicTS with Round Lake, improved commercial access, property impa.cts to Arden Manor Mobile Home Park,
traffic capacity, and accesS for furore development of the Twin City Army and Ammunition Plant (TCAAP) site
have been addressed in the design process.
The current "Preferred Alternate" includes a grade separation at Highway 96 and US Highway 10. This will
provide improved capa.city and safety over the existing at grade intersection. Early versions of this design
maintained local access via ramps on the north side of the interchange. A more recent version includes
construction of a frontage road along the west side of US Highway lOin lieu of Tamp provisions.
Ramsey County and the City of Arden Hills would like to share recent revisions with area property owners before
approving a preferred alternate for final design. A public information rneeting will be held as part of the June 28
Arden Hills City Council Meeting at the Arden Hills City Hall. The Highway 96 discussion will begin at
approximately 7:30 PM. Vour participation can help ensure all view points are considered in that decision.
Call me at 484-9104 if you have questions or comments before the meeting.
Sillcerely Yours,
--
- ....
~~
s E. Tolaas, P.E.
~ect Manager
public "Jutlnf.. tnd
M!DneMtB'S Plra Bome Bale eoan"
prtll~DlI.I\'4lIIIId pIDIt-tUllmlal-.m dt IIISJI"kIOMUlf\llC'caILc1fl'
.-..
"
I{//
fJ(0/ /
f I
I I
I ,
"'.... )i; I f
---_ i I I'
-.. -- 2::;j{.7--r:
o ...--....-.---.... \
,~'\
~:;
I ,
I f
f f
I I
I I
@/ /
I I
I r
f /
" I
r '
, I
I I
i "
" , I
I 1
I ,
I I
pj ..\0
, 1
, \
I \
, '
, '
~ \ \
tt ~ ,,\\, \\
\ \'//
, ,
___ >>____ :::~__-..:;;~ ::f:\\\\
o ~---_...", """'''''18r '\ '\
....,~ .....,.... '" " ",
~...." \.
..... "...,.... ....
....'" '" '0 ',,_oS
'::~-"'''' '----
, '
, "
....',r+.~0 "",
, ,
, ,
" \
'-''0.,+,\
,
,
'.
- (7;-
" '
~ "
" --
~'/
I I
I
I r'
/ i
------ \
.,.-"'---'"" I-
-" ..,.,~,___.... .... I'!)
......r.-' ....__' 0) .......
.- /' r /-- --- ---
/" ../ *' 00 ,r'/ 1/ ....--....,
./' ,/" /___ I
,,/ ,./' ",/'...-) /
'/:;/ / t.._r-___O
,/// / r~. --'---...",
// / / !
// I I I
I( i!!
I; r f I
(, /! I
(/ Iq I I
1/ I<r:f J
/~ lOr d
....-:/ !Q'j 'i'
:::.~;...- /Q J /
1&/ I
~ .. i_II j
<ii4~.> !/ff i ;
><'\\1:?:3s--.'Bi1./ugA-6E /tJ,'
it .:}~\ 3--ii~-- -'~>~.
2t0\p ".\d I in 0 0
<.,::.>:~>::.' lc.--
I
,
\'{)
~-~---~~:~-~--
- ,
....d,d. ,
............. :.':~'::. :: ::::::.V: l 0 ~,
"':<-:':-:-::?~\::::'.' "':::::\. \ "
.......::::r.\.:.. ":.":.:.:\:.>:. \ "....
::::::::.\'::' \ '
\ '
\ ",
, "',
, ,
, FUlURE FULL'I TERCHANGE ACCESS
\
, "\
, ,
, '
, '
, ",
, "
.::::::.... ..\1... .. ~ \ 0 ",
.......::-:.:-::jI-::.. ':::- \, \\ ClJl),q, "
..::::::\:(':' ::::,)?<\ '--* ...--.........." "\,~,
':::::::r.!::" " \.,
.. t.\."' :::::::.' 1/''''''''', "... "",
.... I \. "... " '\
... ,1/ 0 \ I "',',
......::. J f ", \ \.... '- ~,
1 \ \ ....,',',
...............,\ '\ \<0 0\ 'I"~ \" "'\
\;\ 0 \. \ 0 \ ", '\, "....
\;.. \. \.. " '\. ~,
\\ '\ '\ " ...
\, \. \. 0 '\',
\\ ,,'\ \. '"
\'\ '\ \ 0 00 ....... '\
\~\ \. \.. 0 ',"
" '\ '\ 18 Mn "
'\ '\ ~ '\
,
I'
/-"",/",.r
,
/",/4jl
@
('
"
""
--;@
I
503 P RKlt/S
LilT s lIT~
,
,
,
I
I
I
I
r"
,
,
"
"
/-- ~
o~~""
] 0
o
O~
<6
1"____
x
Uf.
J
-~
\ O^ 0 b 0 .->rs;
...","" / "'......
;, \,'-. ':> ./ ../'" <::,"'\
~;:~r(~~\g ~\
~-1J!I!"J v
a- --J! ! 0 o,.v
r!:!oJI -h ......
o '~I() 0 ..... .. ,'"
) ~oiW!g~>~~~~~")\<;
..: J~f.o.z1>>fl iP 6~\,jj.f ~\ \
<j{4tb~KfV.~J\ .
:<<:,:,:::,:,\~>~.. "" o {kLW"..
.":<n~..\..<<<,..g'O':'.:<'.:"(j ~X"'. .....
__....~ ):~___9___ . .:'<"//~<0:~4<<V::.~>
!V~gv ~--rs 000~~:::' t<>:&~$J@%t~h
, - N #\ lJo' ~ <':', <if 0, ")J~>@..::..>:).:.':
L ~ 0 ^' " 0' '''''....:...:.. ":,:;,;;:.' ......... .,.
o FU RE Ll '/,', '.... / /"........... "':'>:::::~.::<' ..... "::."'.
C :::JIN RCH~ ""~70 /) ", '-/ /R V "Q . \
o 00/1 If /, m" ,"-' 00 "
C:::J :0 U U VO/,'6/ ~"'~ ..' AJ '. J.1
Oc :::J /c..nO/>(j;!;O V,/I/ -', ", 0/./70 ~.x
o~ ' /J'\ (/' / ,~ "",V 0"/ y-r). '
o I ><J " / / ~ ...... <:) \" .... / . A :/
J= ::JO \~'/~f~'~:,/ / <: V "?"'O~",,~"WJi\. /'\>:
OC =D 0 <; ~6 ~C!,/'0-~, '" 'i;:Y( </ 0 ~~~~~~/~~~~ ~'? ~ 0
c:: =:J I 0 R/ /~<0. '0,/., \ 0 (/ -?O\:~~- -? "-~' 0
to:::J 0C;:- ~O/ /0 ~..,q.. : </ ~d" '\V./3?>; (c1 ~ .:.:
01 I / ~O(f ( . 0 (/ "/' ,,V ~ ~ '
~ Ej =:J; ! r-- 00 ~ '. \0 0 VAl ~\ \ (/o9)y/); n cO.,
61:) I I ___ ::::; G16 . '. 0 {jY '5,/0 \ \ ./ . ,,('\
J= ::J c::: :::A i ~ ~vy-.~ ~. 08 [) 0\ \ V ~ '-\.....'; '4---'-,
C :::J ..-+-,0' I" -~..0......." ==' '. \ MOO \
c:-'3 ~ !wi C ~ 0 og~ /~O 0 0 OriJl nn&r Tj-~
~ C ggi5~ 0 (.. 0 oD~lc I i II ucLb CJdJ
O C ';>',...-J:;) Oo.....---~ (; oj \",'tl Q----.----.
c:::=I ~ b i~q ~ 0..:::J q Od\ \. ,>:1 (ili~~==o~~-..-..'\~ ')
~ C pOI: x ~ rj / I I II n n [1J',E;/ C :::J.
H~i : L ~II '\ JOL~ ~J i uou \1PU t! \ 0 1:)
I 10- 0,' 1.1
I \.-.--)1; \.... l 1
-----'_'" OJ I r::::: ::::J '\...... x ~ , \ : c
_".__,' I ~ Q n 1 "
.. I I 0 (j) 0' , c::
r I I) I " 10r:::::::J n U \ I
\ 01( ,'-', 0 t), \
~ !.; \ r7\'< -'.. 0 _ if
~-\- U(///100 rfn "rfn rfn rfn
I '. ~ ~ DO U U U U Vb
(-L~\f I... ~~' ,.
" ,~J>~' - ~x-~^:
~ +- ~ --+-- -l---+-
, ........... .........
1m ......... .........
~_. ......-
- ~~ .... --====-
0>.
(
__~_n .-~ '"-::t
~--- -.~----..~-.....,
I @I ~ '
~T-:r~--, I
I \1 I \
I t
! 1\ I \
-~~ -T".4~~XJ~ x~
, I
',/ 0
"/
20m
40m
60m
80m
100m
,
'- .....
......::' """~~
:~~
/0*_ t
,/ \ Ii, I
\ \ I
~ \ \
~~\\ /7
'" \ \/-1'
-'-~}'+\ \\
.:.:: :::t~ ::::~ \ \
",-,-~'.
,,~"'- ......
,~-............... -
'-~ <<'
'- (~~ '
, ,\
, ". '.
,+ '.
, \' ,
, ,0'\ ,
, "', '. -
'0: '-'
" +', (
, \<< ,.;u
OP 7.TtJAA \.~' .\;
''\~0~/''
'\<1:>' ~,
'(' \.
'\ + ''t>r'
501 PARKING LOT,~~-r~,
, + ,:0,
,,". '
" ' '
,+ , '
, ,$', '
" ,'-....
, +~'
'. ". \
, ,
) +, '\ '\'\ '\
! ,\, '\
! +, ' ".
0! , ...... '
! + ' ""
o '" '- '- .... '-
o '\, "-
~'-
+'\
-x_ l' ~.-~_/ I
---.x-__x_ ~.' _ "':;,
--'l~~ --x_ '-. ~ --- ~
/( - ---- "'~~~
o /" "........"
.' /" /\ 0 ...\ ,+
// /" \\ 0 , ,~
/"/" \I'~ 0'\
o ~/" \ I . 0)
<'fJr l \ /",
<:~\ \ /'
"'><::7....... \
0/.\. '.
/' \ '.
". /'.r'" '/
"", /'/ <,
, ~ /" /
'\ -'/
"
,
o
o
o
BUILDING 501
o
o 0
o
o
Q;o
~l ,\ ~b;;:; / #
N ,ri \~
~Z
"\
~
W E
""""llZI'M
-........
-I ....
S TRAme VOlUMES
lft.2020PEN<HCIUIt
F1lllECAS1S
20m 'Om BOm BOm 100m
\
.
.
.
MINUTES DRAFT
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL MEETING
JUNE 14, 1999
7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
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, and Lois Rem.
Absent:
Councilmember Paul Malone.
Also present were City Administrator, Brian Fritsinger; Assistant to the City
Administrator, Kevin Ringwald; City Accountant, Terrance Post; Associate Planner,
Nancy Randall; Parks and Recreation Director, Tom Moore; Public Works Director,
Dwayne Stafford and Recording Secretary, Lori Rolfson.
ADOPT AGENDA
MOTION:
Councilmember Rem moved and Councilmember Aplikowski seconded a motion
to adopt the agenda for the June 14, 1999, regular City Council meeting, as
submitted. The motion carried unanimously (4-0).
APPROVAL OF MINUTES
A. May 24,1999 Regular Council Meeting
B. June 7,1999 Special Council Meeting
Councilmember Larson requested the following changes to the May 24, 1999 Regular Council
minutes: On page six, last paragraph, the first line should read, "... he is convinced that
something more should be done than using an assessed valuation." On page 1 0, the first full
paragraph, last sentence, the figure $10,000 should be changed to $2,000.
With regard to Councilmember Larson's change to page 10 of the minutes, Mayor Probst
requested confirmation whether the action reflected in the minutes had taken place before or after
the Council took action. Councilmember Larson stated that the motion had already been made
when his statements regarding the increase in the park dedication fee and his request to amend
the motion were made.
Councilmember Rem requested the following change to the May 24,1999 Regular Council
minutes: On page 15, forth paragraph under Council Comments, the reference "Coalition for
Health and Youth" should be changed to Coalition for Healthv Youth."
,
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
DRAFT 2
Mayor Probst requested the following changes to the May 24, 1999 Regular Council Minutes:
On page eight, fifth paragraph, the first sentence should read, "...whether or not the developer .
believes..." With regard to page 12, second paragraph from the bottom, first sentence, Mayor
Probst stated that he was not sure he had used the word "illegal". He asked that the recording of
the meeting minutes be double checked to ensure the proper wording was used. On page 13,
second paragraph from the bottom, the first sentence should read, "...the homeowner would have
responsibility for improvements." On page 15, third paragraph from the bottom, the last
sentence should read, "Mayor Probst stated that it was his understandinl! from the County that
the contractor was required to cooperate."
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to approve the meeting minutes of the May 24,1999 Regular Council
Meeting, as amended, and the June 7,1999 Special Council Meeting, as
submitted. The motion carried nnanimously (4-0).
CONSENT CALENDAR
A. Claims and Payroll
B. Pay Estimate #2, Forest Lake Contracting
C. Business License Application
MOTION:
Councilmember Larson 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 (4-0).
.
PUBLIC COMMENTS
Mayor Probst invited those present to come forward and address the Council on any items not
already on the agenda. There were no public comments.
UNFINISHED AND NEW BUSINESS
A. Planning Case #99-08, John Woitas, 1535 Oak Avenue, Street Vacation
Ms. Randall explained that the applicant was requesting the vacation of excess street right-of-
way on a single family lot zoned R-l. The excess street right-of-way is located just west of 1535
Oak Avenue.
The City reconstructed Oak Avenue in 1996. In preparing the plans and specifications for this
construction, the City found that the existing Oak Avenue was built outside of the existing right-
of-way. The City Council determined that the general alignment for the existing Oak Avenue
should be maintained. Right-of-way was acquired on the west side of the road to accommodate
the new alignment. Additionally, on March 30, 1999, the City Council approved the vacation of
the excess right-of-way on the west side of Oak Avenue.
.
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
DRAFT
3
.
The excess right-of-way on the east side of Oak Avenue was not reviewed at that time. The
applicant discovered the excess right-of-way when they requested a building permit for an
addition to their home at 1535 Oak Avenue. The proposed addition would be less than the
required 40 foot front yard setback, with the existing property. The vacation of the excess street
right-of-way would eliminate the need for a variance and allow the applicant to proceed with the
proposed addition.
The City Council may by resolution vacate any street, on its own motion, or on petition of a
maj ority of the owners of land abutting the street. There are two abutting landowners, the
applicant and his neighbor, Mr. Shepley, immediately across the street. The applicant, with his
application, has supplied a letter from Mr. Shepley in support of the vacation request.
Ms. Randall advised that the Planning Commission recommended approval of PI arming Case
#99-08, for the vacation of excess right-of-way for Oak A venue, subject to the recording of the
vacation with Ramsey County. Additionally, staff recommended that the City Council adopt
Resolution #99-18, if the City Council approves the vacation.
.
Mayor Probst stated that he was supportive of the request. He noted that with the realignment of
Oak Avenue, one other property owner was affected with excess right-of-way. He asked if the
City Staff is considering any action to vacate this excess right-of-way as well. Ms. Randall
explained that with this application, the applicant was only requesting the vacation ofthe right-
of-way portion in front of his home. There is a small area to the south, which could also be
vacated. She indicated that the Staff could prepare the legal work in order to vacate this
additional small amount ofright-of-way, if the Council so desired.
Councilmember Larson asked if the area at the intersection of Oak A venue, north of County
Road E was City right-of-way. Ms. Randall stated that this area is City right-of-way. She noted
that the alignment of the street is actually straighter than it appears on the map. What was being
shown was prior to the street realignment in 1996. Mr. Fritsinger stated that, as part of the road
reconstruction project, there were two areas of conditional easement, which had to be obtained
from property owners.
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to approve Planning Case #99-08 and adopt Resolution #99-18, for the
vacation of the excess right-of-way for Oak Avenue, subject to recording the
vacation with Ramsey County. The motion carried unanimously (4-0).
Mayor Probst asked Staff to inform the other property owners in the area that have excess right-
of-way in front of their homes that, if they have an interest in pursuing a vacation of right-of-
way, they can do so.
B. Arden Oaks Playstructure Replacement
.
Mr. Fritsinger explained that, as part of the 1999 budget process, the Capital Improvement Plan
allocated $15,000 for the replacement of the playstructure at Arden Oaks Park. The existing
playstructure was installed in the summer of 1985 and is at the end of its useful life.
DRAfT
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
4
The City has been going through a process over the last few years of replacing all of its
play structures and making all the parks ADA accessible and upgrading the standards.
.
The City received three quotes from companies expressing interest in this project. Each
company provided two options as part of their quote. Each option was based upon a different
layout design and playground equipment. The Parks and Recreation Committee reviewed the
three bids at the April 27, 1999 Parks and Recreation Committee meeting. A Neighborhood
meeting was held on May 18, 1999, in order for the residents to identifY which playstructure is
preferable for the neighborhood. Only one family attended the meeting. The bid selected was
Option #1 from the Miracle Recreation Equipment Company at a cost of$14,996.86, plus Sales
Tax.
In previous replacement projects, the cost of professional installation was not included in the
overall cost. The City of Arden Hills Parks Maintenance Staff provided installation and would
spend as much as five weeks on installation. Professional installers can get the project done in
seven to 10 days. In addition, utilizing professional installers reduces the risk of improper
installation and the voiding of certain warranties. The cost for complete installation by the
Miracle Recreation Company would be $2,730.
Mr. Fritsinger advised that Staff recommends the playstructure at Arden Oaks Park be replaced
and that the Miracle Recreation Company provides complete installation at a total cost not to
exceed $17,726.86.
.
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to replace the playstructure at Arden Oaks Park and for the Miracle
Recreation Equipment Company to provide complete installation at a total cost
not to exceed $17,726.86. The motion carried unanimously (4-0).
C. 1999 Committeerrask Force Appointments
Mayor Probst stated that, at its May 24, 1999 meeting, the City Council discussed the potential
appointment of individuals to serve on each of the new committees and task forces. The City
Council agreed that the respective Council Liaison for each committee or task force would
contact the current and prospective members, who had expressed an interest in serving, to clarifY
their intent.
Mr. Fritsinger stated that discussions had been held between the Council Liaisons and
prospective committee members. The nature of those discussions has varied, depending upon the
committee. Therefore, it may be necessary to delay some appointments until further discussions
are held with the interested individuals.
Mr. Fritsinger stated that the intent for this evening's meeting was to gain information from each
of the Council Liaisons regarding the discussions which have been held and where the Council
stands on moving forward. The one component, which was not discussed at the last meeting
deals with the Maintenance Facility Task Force. At this point, only two citizens have expressed
.
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
DRAFT
5
interest in serving on this task force. The Council should discuss how it wants to go about
. recruiting additional members for this task force.
Councilmember Larson reported that all the members of the Communications Committee wish to
be re-appointed. He indicated that he had not directly contacted anyone regarding the Water
Quality Task Force. However, he did put together a list of interests and those individuals who he
felt may be represented. The list basically includes people who have expressed an interest in
serving on the task force. He felt there should also be association representatives from the Lake
Josephine Lake Shore and Lake Johanna Lake Shore Associations. Additionally, there should be
representatives from Bethel College, Northwestern College, TCAAP, the Rice Creek Watershed
District, a High School student from Mounds View, the City Engineer and Public Works
Director. He asked if the other Councilmembers had any additional ideas to add to the Water
Quality Task Force.
Mayor Probst stated that the list provided by Councilmember Larson contained a large group of
good candidates.
Councilmember Rem noted that some of the names on the list might overlap with interest
expressed in other committees or task forces.
.
Mayor Probst asked Councilmember Larson if he was suggesting that the Council formalize
some appointments to the Water Quality Task Force. Councilmember Larson stated he had
simply wanted to ensure that the efforts were moving in the right direction and for the Council to
provide any suggestions they may have. He indicated that he would be contacting the
individuals on the list in order to determine their intent.
With regard to a Rice Creek Watershed District representative, Councilmember Aplikowski
stated that although the City does need to be more in touch with them, the agency tends to bring
too much baggage with them. She agreed however, that in this particular case a representative
from the Rice Creek Watershed District might be a good suggestion.
Mayor Probst stated that, although he would agree with Councilmember Aplikowski's concerns,
since the entire City of Arden Hills is within the District, the Rice Creek Watershed District
should provide a representative to share concerns and work cooperatively with the City.
With regard to the list of prospective members for the Water Quality Task Force, Mayor Probst
noted that Andy Holewa had expressed an interest in several other groups, which may reduce the
number on the list by one. Councilmember Larson stated that he would make contact with the
prospective members and see where things go from there.
Mayor Probst suggested that, since the Newsletter (Communications) Committee is asking to be
re-appointed, the Council should make a formal motion re-appointing the committee members
and Chair.
.
MOTION:
Councilmember Larson moved and Councilmember Aplikowski seconded a
motion to re-appoint the existing members serving on the Newsletter Committee
DRAfT
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999 6
to the Communications Committee and designation of the Committee Chair, Ms.
Sue Schroeder. Committee members appointed were: Fran Holmes, Sharon .
Hanzalik, Betty Mullin, Elwood F. Caldwell, and Mary Nosek.
Councilmember Aplikowski asked if the list of Communications Committee members was
current as of the list dated May 21, 1999. She had believed that one of the committee members
had resigned. Councilmember Larson stated that all the members listed are current members of
the Newsletter Committee.
The motion carried unanimously (4-0).
Councilmember Aplikowski stated that she would like to propose six members for the
Operations and Finance Committee. She indicated that she had put out feelers for additional
members. Of the six individuals interested in the committee, four have served on either the
Finance Committee or the Public Works Committee. The members would represent all but one
area of the City and she hoped to have more representation in the lower eastern portion of the
City.
Mayor Probst asked if a Chairperson had been selected for the Operations and Finance
Committee. Councilmember Aplikowski stated that one member had expressed an interest in
serving as Chair for the committee, however, this person is currently out of town until the end of
July. She noted that she would like to have the orientation kick -off in July.
With regard to the Events Committee, Councilmember Aplikowski stated that, although the
committee would not be starting now, it would not be too early to start planning for the
anniversary events. She indicated that she had spoken with two individuals who are ready to
begin work on the committee.
.
Mayor Probst suggested that the Council proceed with the appointment of the six members for
the Operations and Finance Committee and defer the appointment of the Chair until more
members are appointed.
MOTION:
Councilmember Aplikowski moved and Councilmember Rem seconded a motion
to appoint the six identified individuals to serve on the Operations and Finance
Committee and to defer designation of the Committee Chair until a later date.
Committee members appointed were: Chuck Mertensotto, Charles Stoddard, Ray
McGraw, Terry Nygaard, Aaron Fredrickson, and A. Clayton Zimmerman. The
motion carried unanimously (4-0).
With regard to the Events Committee, Mayor Probst asked if the appointments should be held off
for now. Councilmember Aplikowski stated that this would be acceptable since the committee
will not formally begin until September.
Councilmember Larson noted that the Chair for the Public Safety Committee was not included
on the list of members and asked ifhe would be remaining on the committee. Councilmember .
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
D'".''' f' fT
'. '. ,..... ".,.,' i....".'" .
~ 't~ ,...J\ F
7
Aplikowski stated that the Chair for the Public Safety Committee had been asked to continue
. serving, however, he has two young sons and wishes to spend more time at home with them.
Councilmember Rem reported that the Parks and Recreation Committee had two resignations.
The remaining members are willing to continue serving on the committee and the Chair will be
re-appointed. She indicated that there was a list of other individuals interested in serving on the
committee as well. Some names on this list do appear on lists for other committees.
Councilmember Rem stated that she would be inviting those individuals who have expressed
interest in serving on the committee to the June 22, 1999 Parks and Recreation Committee
meeting in order for them to get a feel for how the committee operates. One concern she had was
that there be a broader geographic representation on the committee. She expects the committee
to fill out by the end of the summer.
Mayor Probst asked if the re-appointments to the Parks and Recreation Committee should be
made at this time or deferred until the next Council meeting. Councilmember Rem stated that it
would be up to the Council when to proceed with the re-appointments. Mayor Probst suggested
that the Council proceed with the re-appointments of the committee members and Chair. He
anticipated that additional appointments would be made at the June 28,1999 City Council
meeting.
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to re-appoint the existing members serving on the Parks and Recreation
Committee and to re-appoint the Committee Chair. Those committee members
appointed were: Don Messerly, Chairperson, Dorothy McClung, Louis Speggen,
Rich Straumann, Anita Larson, and Jim Johnson. The City had recently received
and accepted the resignations of Lynette Kreidler and Megan Ricke from the
committee. The motion carried unanimously (4-0).
.
Mayor Probst asked if committee appointment information had been received from
Councilmember Malone. Mr. Fritsinger stated that no information had been received.
D. Round Lake Trail Extension, Authorization to Prepare Plans and Specifications
Mr. Fritsinger stated that, at its May 10, 1999 City Council meeting, the Council discussed the
status of the County Road F trail project. At that meeting the City Council directed staff to
notify the State of Minnesota that the City would be attempting to utilize the Minnesota
Department of Natural Resources grant money elsewhere, or to inform the Minnesota
Department of Natural Resources that the grant money will not be used. Staff was also directed
to look elsewhere in the City for a comparable project to utilize the funds budgeted this year to
complete a trail segment.
.
The head of the Trails and Waterway Division will be out of town until Wednesday, June 16,
1999. At that time, Mr. Fritsinger indicated that he would be requesting to utilize the grant funds
for the Round Lake trail extension. He suspected, however, that the answer will be no.
DRAFT
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
8
The City's trail master plan includes a 10 foot wide trail segment between the recently .
constructed Gateway Boulevard and Highway 96 between the existing businesses and Round
Lake. As part of the development agreement with Welsh Properties, a segment of the trail was
constructed in 1998, beginning at Gateway Boulevard and extending into the U.S. Fish and
Wildlife property to the northern property line of the Manufacturer's Services Building site. The
northern segment of the planned trail through the former Indykiewicz property will be
constructed as part of the West Round Lake Road, Phase I project.
The projected cost for this trail segment would be approximately $75,000. This is somewhat
comparable to the cost for the County Road F trail which had a net budget of$65,000.
The City Engineer is currently recommending that the City work with the contractor, Forest Lake
Contracting, to add this segment to the West Round Lake project for a couple of reasons. The
contractor will be doing the trail work on the north end and it could avoid problematic issues of
timing. Depending upon how the segments were to be completed, constructing the middle
segment of a trail in the future would require access from either the north or south, which could
significantly damage existing trails.
The recommended trail alignment would coincide with the existing sanitary sewer easement
through the Nott Company, Grainger and part of the Schons property. The recommended trail
alignment would meander off of the sanitary sewer easement through the Schons and Round
Lake Business Center properties towards the U.S. Fish and Wildlife property, then run along the
western edge of the U.S. Fish and Wildlife property to connect to the existing trail constructed in .
1998.
The trail would require changes to the easement descriptions for the Nott Company and Grainger
to provide for trail use as well as sanitary sewer. New easements would need to be granted by
Schons and the Round Lake Business Center for the segment of trail located in their properties.
An agreement with the U.S. Fish and Wildlife Service would also be necessary in order to
construct the trail within their property. Preliminary discussions with the U.S. Fish and Wildlife,
Nott Company and Scholls have indicated general agreement with the proposed trail alignment.
Mr. Fritsinger advised that the City Engineer recommended the Council authorize staff to acquire
all necessary easements and permits and prepare the Change Order to the West Round Lake
Road, Phase I contract for the work.
Mayor Probst asked what the approximate length of the trail segment would be. Mr. Fritsinger
stated that the trail segment would be approximately one-third to one-half mile long.
Mayor Probst requested confirmation that the cost estimate is based on per-unit prices. Mr.
Fritsinger stated that this was correct. Mayor Probst asked if staff had contacted any of the other
bidders to compare the per unit cost for the project. Mr. Fritsinger stated that staff had not
compared the per-unit cost with other contractors. Mayor Probst stated that he would like to
know how Forest Lake Contracting's per-unit price compares with prices from other contractors. .
Mr. Fritsinger stated that he would contact the City Engineer to determine how the prices would
compare.
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
DRAFT
9
.
Mayor Probst confirmed that the trail would extend to the Vaughn property. Mr. Fritsinger
stated that this was correct.
MOTION:
Councilmember Larson moved and Councilmember Aplikowski seconded a
motion to authorize staff to acquire all necessary easements and permits and
prepare the Change Order to the West Round Lake Road, Phase I contract for the
West Round Lake trail extension work.
Considering the damage to the existing trail in the area, Councilmember Rem asked if any
thought had been given to cleaning up that portion of the trail. Mr. Fritsinger stated that there
has been ongoing discussions with Welsh and the U.S. Fish and Wildlife Service regarding how
to do something different along the trails to prevent wash outs. The problem with the current
trail easement is that there is no excess property extending into the U.S. Fish and Wildlife
property. Therefore, the City cannot go in and do any grading or repairs to the property closest
to the lake, which is undermining the trail. The U.S. Fish and Wildlife Service indicated last
week that they were open to working with the City in order to make some grade changes and
prevent the wash-out situation.
Mr. Moore stated that Welsh had performed some grading and planted some grass to slow down
the water before it hits the trail. He indicated that the U.S. Fish and Wildlife Service is aware of
the problem and is agreeable to the trail extension.
.
Councilmember Rem asked if there was a chance that the new trail segment would survive intact.
Mr. Fritsinger stated that one difference with this trail segment construction was that the City had
not been involved in the construction of the trail segment installed in 1998. The Welsh Company
had coordinated the entire construction of the trail and the City had simply agreed to the general
layout and design of it. In this case, the City would actually be constructing the trail and
monitoring the construction to ensure there are no trouble areas.
Mr. Fritsinger stated that the reason the trail is not a straight line around the lake was to take
better advantage ofthe topography. The maintenance crew has indicated that with some of the
new trails being constructed, while the trails are installed in nice scenic areas, they are not
conducive to maintenance.
Councilmember Aplikowski asked whom this trail segment is intended to serve. Mr. Fritsinger
stated that the trail will connect with Gateway Boulevard and will also connect into New
Brighton. The next piece would involve obtaining property along the south end of the lake,
which would run the trail back to Highway 10. At this time the trail is primarily being used by
the employees of the Gateway Business Park. In the future when the trail is fully connected,
most residents of the community would use it.
.
Councilmember Rem stated that a number of residents south of Highway 694 have expressed an
interest in a trail connection from Old Highway 10 running along the south side of the lake to
New Brighton. These residents look forward to being able to get around the lake.
ARDEN HILLS CITY COUNCIL - JUNE 14,1999
DRAFT
10
Councilmember Aplikowski stated that, while she is not opposed to the trail segment, it seems
like a lot of maintenance work for such limited use. Mr. Fritsinger stated that, if the larger map .
is considered, it could be seen how this trail interrelates with the rest of the community trails. It
is a trail that connects to Highway 96 and that will create an uninterrupted trail from White Bear
Lake to Long Lake Regional. Mr. Fritsinger expressed his belief that this trail currently
experiences substantial use, and heavier use is projected in the future as this business area
continues to develop.
Mayor Probst concurred with Mr. Fritsinger's statements and indicated that he would support the
construction of the trail. He noted that other commnnities construct miles of trails at a time,
where the City of Arden Hills constructs shorter segments at a time which makes it difficult to
focus on the big picture. He suggested that it might be helpful for staff to revisit what has been
done and what is left to be accomplished. The City may also wish to consider a different strategy
where larger portions of trail are constructed every other year rather than small sections every
year.
Mr. Post pointed out that the Park Fund would fund the trail segment.
The motion carried unanimously (4-0).
ADMINISTRATOR COMMENTS
There were no Administrator comments.
.
COUNCIL COMMENTS
Councilmember Larson stated that he had attended the Fire Board meeting a couple weeks ago.
The major topic of the meeting was the amount of oversight that the Board would have over the
Volunteer Fire Department and how much leeway is to be given to the Department to exceed the
budget if it became necessary to do so. The Arden Hills representatives argued for tighter reigns,
while Shoreview and North Oaks wished to be more flexible. The result was that the Fire
Department would be allowed to exceed the budget by a certain percentage each year.
Arden Hills also wanted, but did not succeed with, a requirement that the Fire Department come
before the Fire Board to explain what is needed that will exceed the budget. The Fire Board
would then decide whether or not to grant its approval. It was decided that, if there was an
emergency which required the Fire Department to exceed the budget, and there was not time to
come before the Board, the Department would be required to present the Board with an
explanation of the expenditure. Therefore, if the Fire Board did not agree with the expenditure,
then the Fire Department would have to raise the money to cover the budget.
Mr. Fritsinger noted that in the past the Fire Department had been paid twice per year for their
services. As a part of the current contract, the City had negotiated a quarterly payment. This
results in the Fire Department apparently being short on cash. The Department will typically
carry all their fire runs for 1998 and pay them the first month of 1999. By staggering out the
.
ARDEN HILLS CITY COUNCIL - JUNE 14,1999
D.,w'\ lEi, pmT
'. '.tidJ t!.'~ '6 "
, .t\ur4.f
11
,
bills throughout the year, they do not have enough cash for these services, aside from the reserve
. account.
Mr. Fritsinger stated that the issue alluded to by Councilmember Larson was what would be an
appropriate balance of the reserve account and how to accommodate their needs as an
organization to deal with emergency situations. He indicated that in a future meeting, the City
Council would be seeing an amendment to the contract to go back to biannual payments.
Mayor Probst requested confirmation that the reserve fund was to be utilized in emergency
situations. Mr. Fritsinger explained that the current reserve fund has been utilized for many
different things.
Councilmember Larson stated that at the last City Council meeting he had sought to increase the
amonnt of park dedication assessment for the subdivision. He indicated that since that time he
had been surprised when reading the Ordinance that there is a choice between using the assessed
value and the market value when determining the park dedication fees. He expressed his belief
that this is not a good arrangement since it allows the Council to deal differently with different
developers when the Council should be consistent in determining what a park dedication fee
should be. The fee should be based on either the assessed value or the market value consistently.
.
Councilmember Larson indicated that the subdivision discussed at the last Council meeting had a
valuation difference of close to $150,000 between the County's assessed value and the market
value. Although Ramsey County is working to bring these two values closer together, there are
some major discrepancies. He asked if there was other support on the Council to have staff
review this situation and present the Council with a recommendation. Although there may be
situations that call for non-consistency, the way the Ordinance is written at this time is not
correct.
Mayor Probst asked staff if this was a policy issue. Mr. Fritsinger stated that it is written in the
Code how to determine park dedication fees. He indicated that the Council would be receiving
the Code back in their packages for review on Friday. This may provide an opportunity within
the next couple of weeks to make suggestions as to how the Council would want to proceed with
this portion of the Code.
Mayor Probst stated that he would be willing to look into this issue. Since there have been a
variety of methods used over the years to determine the park dedication fees, it would be helpful
to have a rational and consistent approach.
With regard to what method to use when determining park dedication fees, Councilmember Rem
noted that both methods would be argued for. She indicated that for the most part, the
developers always say the fee is more than they can afford. She agreed that the City does need to
revisit this portion ofthe Code.
.
Mr. Fritsinger stated that one difficulty at this point is that the Code works well when dealing
with large properties. Much of the development within the City of Arden Hills at this time deals
with smaller properties and lot splits. It is often difficult for the developers to understand what
DRAFT
ARDEN HILLS CITY COUNCIL - JUNE 14, 1999
12
,
the fee is associated with. The key is to develop a policy that will be fair to all the various
developments.
.
Councilmember Aplikowski stated that she too supported revisiting this portion of the Code.
She expressed her beliefthat often times fewer options makes things easier. Councilmember
Larson noted that sometimes flexibility is desirable, however, it would be preferable if the Code
was written with more uniform language while still allowing some flexibility.
Councilmember Larson noted that he had not attended the special Council meeting on June 7,
1999 and he wished to extend his congratulations to the Mayor and staff for the developments
that have occurred at TCAAP. He stated that the Mayor had been stead fast in not only wanting
a new City Hall, but for it to be located on that site.
Councilmember Aplikowski expressed her appreciation to the individuals who worked to put on
the Day in the Park event. She stated that it was a wonderful day all the way around. She also
expressed her appreciation to the Committee members who spent a great deal of time and effort
on the event. Mayor Probst also extended his appreciation to Mr. Moore and Ms. Olson for their
hard work in making the event successful. As Council Liaison to the Parks and Recreation
Committee, Councilmember Rem also expressed her appreciation to Mr. Moore and Ms. Olson
for their hard work and to the staff who helped out with the games. She noted that there where
many people at the event, although the day was hot.
Mayor Probst recognized Mr. Jim Perron for celebrating his lOth year with the City of Arden
Hills. He indicated that the City does not do enough to recognize the staff members who have
been with the City for a long time.
.
Mayor Probst stated that the Channel 16 cable information needs to be updated. Mr. Fritsinger
stated that he attempted to correct it this evening, however the computer was down at that time.
He assured the Council that it would be corrected as soon as possible. Mayor Probst suggested
that it might be better to turn the broadcast off, rather than having it run with erroneous
information.
Councilmember Aplikowski agreed that the cable broadcast is fuzzy and noted since the channels
have changed, it is difficult to know what channel the broadcast is played on. If people cannot
find the broadcast, they will lose interest.
Mayor Probst asked who controls the broadcast system. Mr. Fritsinger stated that when the
Council meetings are broadcast the City staff is in charge of the broadcast. When the Ramsey
County Board is in session, the Cable Commission overrides the City's system.
Councilmember Larson asked if staff could hang some City maps in the Council chambers. Mr.
Fritsinger stated that this had been discussed when the City had first moved into its current
location. He indicated that he would bring in some maps to hang on the walls.
.
.
.
.
ARDEN HILLS CITY COUNCIL - JUNE 14,1999
DRAFT
ADJOURN
13
MOTION:
Counciimemberl:;arson moved and Councilmember Rem seconded a motion to
adjourn the meeting at 8:37 p.m. The motion carried unanimously (4-0).
Dennis Probst
Mayor
Brian Fritsinger
City Administrator
NOTICE OF MEETINGS
The next regular City Council meeting will be held Monday, June 28,1999 at 7:30 p.m. at the
Arden Hills Council chambers.
1
.
.
.
DRAFT
MINUTES
CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
MONDAY, JUNE 21, 1999
4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD
CALL TO ORDER
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council
Worksession at 4:50 p.m. Present were Councilmembers Beverly Aplikowski, Gregg Larson,
Paul Malone, and Lois Rem; City Administrator, Brian Fritsinger; Assistant to the City
Administrator, Kevin Ringwald; Public Works Director, Dwayne Stafford; City Accountant,
Terrance Post; Parks and Recreation Director, Thomas J. Moore; Associate Planner, Nancy
Randall; and Administrative Secretary, Sheila Stowell.
DISCUSSION ITEMS
a.
Code Enforcement/Socio-Economic Data
Associate Planner, Nancy Randall, provided a brief overview of the electronic database
being established by staffto coordinate code enforcement and demographic data on
properties within the City.
Discussion items included the availability of additional data from the Ramsey County
Sheriff's Department and the Lake Johanna Volunteer Fire Department and the public
and private aspects of the various data collected.
Mr. Ringwald gave an update on the various socio-economic data available to the City
from the North Metro 1-35W Corridor Coalition. Discussion items included block size
and uniformity as it relates to demographics; and the estimated cost to the Coalition of
$.16/capita for production of the data. The Council expressed some concern about the
long-term cost to the City for keeping the information current.
Councilmember Rem requested that staff include the dates of production on the maps for
a historical record.
b.
2000 Bud!!et/CIP
Mr. Post reviewed several items and requested Council direction for continued planning
for the 2000 Budget regarding capital items. Staff focused only on 1999 and proposed
2000 capital items for this meeting. The proposed five-year, 2000 - 2004 capital plan is
scheduled for presentation at the July 19, 1999 budget meeting.
Various staff assumptions and discussion items included the following: timing for
construction of City Hall; general planning costs for a new maintenance garage facility;
monument signs at Lexington Avenue/Highway 96 and the West Round Lake
Road/Highway 96 intersections; installation of a security fence around the maintenance
garage at 1440 Highway 96 (if there are definite plans to vacate the premises in the short
,
DRAFT
ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 21, 1999
2
e
term); West Round Lake Road, Phase II reconstruction project and pending development
activity occurring at the extreme southern end of the Gateway Business District with
Council having previously directed staff to carry over the budgeted General Fund
($151,000) and Surface Water Management Utility funding ($184,200) until such time as
the project proceeds; the 1999 BRW-prepared Drainage Report that identified two (2)
maintenance issues to resolve this year - McClung Drive and Siems Court, and whether
the Siems Court drainage problems are more effectively resolved as part of a street
reconstruction project.
Drainage at Arden Manor was identified as an issue, and staff further noted that the
playground structure replacement and hard court improvements at the Arden Manor Park
were both somewhat dependent upon the drainage problem being resolved; and
replacement of the Hazelnut Park shelter building as budgeted for in 1999, with staff
now considering if a redesign to the general layout of the park is appropriate and how it
effects the siting of the shelter.
Other items discussed as part of the 2000 Capital budget plan included that no
administrative equipment was identified in the previous 1999 - 2000 CIP; however staff
believes that the creation of an additional PC workstation, laser printer replacements, and
upgrades to the network server will be needed in 2000; the majority of the new City Hall
construction project will occur in 2000, rather than the originally budgeted construction
finish work; with the completion of West Round Lake Road, Phase I, in 1999 and the
County's completion of the Highway 96/Lexington Avenue intersection, both the
Gateway monument signs be installed in 2000 (funding for these projects to be out of the
"Non-Assessable Road Improvement" Fund No. 409).
e
Ramsey County has reduced the scope of their County Road I reconstruction project to
now terminate on the east side of Schutt a Road. Previously, the termination point was
Lexington Avenue. Accordingly, the City's cost participation in the project has dropped
from $200,000 to approximately $50,000; Ramsey County has also indicated that they
intend to commence the Cleveland A venue railroad bridge replacement project during the
1999/2000 winter season. They have also revised the cost estimate participation by
Arden Hills downward to $30,000 from $48,000.
Staff has identified two (2) segments of the sanitary sewer system (near the Townhomes
of Lake V alentine Project) that need attention on a priority basis in 1999. The
recommended increase in 1999 project cost from a budgeted $75,000 to $150,000 due to
project scope increase, is likely to continue into 2000 until the priority repairs are
completed.
Similar to the 1999 discussion at Hazelnut Park, staff is critically evaluating ifIngerson
Park is an appropriate location for the creation of a new soccer field, given the park's ..
topography, parking limitations, and current use level. Ifmass grading does occur to ...
.,
e
.
e
DRAFT
ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 21,1999
3
build the field, the location of replacement playground equipment becomes a related
issue. Although currently on a backburner, the prospect of some City cost participation
in a proposed Bethel Park is a possibility.
Additional items included the need for another community survey; general philosophy of
the City's pay plan relative to marketplace competitiveness; and proposed 2000 Pay Plan
range movement.
Councilmember Malone requested that Mr. Post provide spreadsheets removing
extraordinary items; non-General Fund items and a 3 - 5 year comparison between the
various budget years and to streamline the numbering system for related items from year
to year. In addition, Councilmember Malone requested staff prepare a five year cash
funding analysis by Fund showing the fund balance impact of funding the CIP items.
Staff was directed to review the Stanton Salary Survey for comparisons with neighboring
communities and bring it back to a future Worksession to facilitate a discussion of the
general Council philosophy related to the current job market. Discussion ensued
regarding salary allocation methods, franchise and utility fees, and contract services of
the Ramsey County Sheriff and Lake Johanna Volunteer Fire Department.
Staff was also directed to install the fence at the existing Public Works facility.
c.
Codification
Mr. Fritsinger provided various proposed changes to the City's Municipal Code, and
requested Council direction and commitment in bringing closure to the project. Mr.
Fritsinger stated that staff and Councilmembers did not have current code books.
Staff was directed to schedule 3 - 4 chapters at each regular Council meeting until review
of the codification is completed, in order to forward the revisions to the League of
Minnesota City attorney for develop of a final draft for Council adoption. Staff was
further directed to provide additional information on the utility chapter to facilitate a
policy discussion.
d.
TCAAP Zoninl! Discussion
Mr. Ringwald reviewed various suggested regulations to implement a zoning district
and/or detailed zoning requirements for the TCAAP property; specifically to facilitate the
immediate needs for a proposed maintenance facility and City Hall at the site, and future
development as it related to the overall Vento Re-Use Plan.
Discussion items included the extent of involvement by Ramsey County and the
Minnesota National Guard in the planning process; outdoor storage restrictions; creation
of a "Town Center" zoning district vs. site-specific zoning for the two immediate
facilities once the land transfer has been completed; need for a written legal opinion from
,
DRAFT
r
ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 21, 1999
4
e
the City Attorney on related zoning issues; target date for completion; orientation of
maintenance facility; and the possible need for implementation of the Public Works/Parks
Maintenance Facility Task Force immediately.
Staff was directed to immediately pursue a Request for Proposals (RFP) for consulting
services to seek creation of a "Town Center" zoning district; and to seek participation
with Ramsey County in an amended agreement with TKDA Design Consultants, in the
initial space needs study and design considerations for the City's portion of a
maintenance facility. Staff was further directed to bring those items needing formal
action to the Council at their earliest opportunity.
MISCELLANEOUS ITEMS
Code Enforcement Issues
Ms. Randall and Councilmembers reviewed various staff actions as they related to an
outstanding code enforcement issue in the community.
Mr. Fritsinger advised Councilmembers of probable pending Council action required for
possible liquor license revocation and related code enforcement issues at the business.
Annual Lea!!ue of Minnesota Cities Conference
Councilmember Aplikowski gave a brief report on her recent attendance at the annual
League of Minnesota Cities (LMC) Conference in Rochester, MN.
.
Hi!!hwav 96/10 Desi!!n Proposal
Mr. Fritsinger advised Councilmembers that a public information meeting had
been scheduled by Ramsey County, to be facilitated by the City, at the June 28,
1999 regular City Council meeting. It was the consensus of the Councilmembers
that, since this was the Council's initial review of this latest design, formal action
on June 28th would probably not be forthcoming.
Street Si!!ns
Councilmember Aplikowski requested that the Public Works Department review City
street signs, when time allowed, and replace those in need of replacement.
TCAAP Land Transfer
Mayor Probst advised Councilmembers that he may be requesting Council authorization
for he and/or Mr. Fritsinger to meet with Army officials in Rock Island, IL, as the land
transfer process and related issues develop.
National Nie:ht Out
It was the consensus of Council that staff provide information, as it becomes available .
from the Ramsey County Sheriff, regarding those 5 - 6 neighborhood groups planning to
e
e
e
DRAFT
ARDEN HILLS CITY COUNCIL WORKSESSION - JUNE 21, 1999
5
participate in the annual National Night Out on August 3,1999. Councilmembers would
then participate in the events as their schedules allowed. Future participation may expand
as the proposed Events Task Force begins more formal organization of citywide events.
ADJOURN
MOTION:
Councilmember Malone moved and Councilmernber Rem seconded a
motion to adjourn the meeting at 8: 13 p.m. The motion carried
unanimously (5-0).
.
.
.
PAGE 1 OF 3
CITY OF ARDEN HILLS
ACCOUNTS PAY ABLE CLAIMS REPORT
TO BE APPROVED AT 06/28/99 COUNCIL MEETING
CLAIMS PAID SINCE LAST COUNCIL MEETING (06/14/99)
16077
16078
16079
16080
16081
16082
16083
16084
16085
16086
16087
06/10/99
06/10/99
06/14199
06/15/99
06/16/99
06/16/99
06/22/99
06/22/99
06/22/99
06/22/99
06122/99
DCA, Inc.
Nutzmann Bros. Construction
Lake Count Service Coo erative
Forest Lake Construction
MN De t of Revenue
lode codent School District #621
Affinit Plus Federal Credit Union
Public Em to ees Retirement Association
leMA Retirement Trust ~ 457
Midwest Guaran Title Co.
Postmaster
218.20
9.19
3,907.16
123,367.27
836.00
3,951.90
5.153.45
3,203.15
1,751.58
827.81
2,500.00
Subtotal - Paid Claims
145,725.71
Paid Claims From Above -
145,725.71
Add Unpaid Claims, Page 3 of 3 -
151441.84
Total Accounts Payable Claims
for Council Approval, 06/29/99-
297,167.55
Note: Checks for unpaid claims totaling $102,127.52 were mailed
on June 15, 1999 after approval at the June 14, 1999
Council Meeting. They were check numbers 16000 - 16076.
This sequence correspQods to unpaid temporary numbers
TI . Tn Check numbers 15998.15999 were used fnr
alignment.
Da Care/JVIedical Ex ense Reimbursement
Refund-Ove a ent Permit #6539
Jul Health Insurance/COBRA
WRLR 1m rovements - Phase I Pa Est #2
Ma' 1999 Sales Tax
1999 A fterschool Element Track Pro ram
Second June Pa roll
Second June Pa 011
Second June Pa oll
Refund-Ove a ment Permit #6356
Posta e - Permit # 1962
oandyl"""",,"l>poy.blcltl.i...j
CITY OF ARDEN HILLS
ACCOUNTS PAY ABLE CLAIMS REPORT
TO BE APPROVED AT 06128/99 COUNCIL MEETING
PAGE 2 OF3
UNPAID CLAIMS REGISTER:
tn:Mi@il.....~i4.!!Nfir ..ilMo.iJ&ti
. -----..---- .
TO! 06/29/99 Accurate Press Inc. 299.80 Insnection Records/Business Cards-Olson
T02 06/29/99 Advantage PaDer 74.28 Brown Towels
T03 06/29/99 ArvtB Pronertv Corporation 4,328.00 June Rent & Gen Doer EXD
T04 06/29/99 American Plarming Association 140.00 Membershin - Randall
T05 06/29/99 Arden Hills Nursery 1.583.70 Gatewav Flower Gardens
T06 06/29/99 Badger Meter, Inc. 639.00 RMS Software Service Renewal 6/99-6/00
T07 06/29/99 BertuJeit Robin 35.00 Refund.Soorts SamDler
T08 06/29/99 Biffs, Ine 478.78 Portable Toilets. Parks
T09 06/29/99 Brock White Company 1,101.09 CRAFCO Road Saver Sealant/Carbide Cuner Bit
TIO 06/29/99 Brunn, LuAnn 240.00 June Cleaning - City Hall
TII 06/29/99 Buetow Geroth 100.00 Refund-USA Tennis Team
TI2 06/29/99 Business Forms & Accounting 189.82 1100 Pavroll Checks
T13 06/29/99 Case Credit Coruoration 1.219.29 V chicle MaintenancelParts
TI4 06/29/99 Cemstone Products Co. 141.11 ConcretelU-Cart
TI5 06/29/99 ChenQ, Fen-Tsyi 28.00 Refund-Tennis
Tl6 06/29/99 Comorate Express 413.33 Office SunnlieslConv Paper
TI7 06/29/99 David Wayne Construction 675.00 IDfill Wall. 4364 WRLR
TI8 06/29/99 DdCasteHo, Victoria 31.00 Refund-Softball SH
TI9 06/29/99 Dent of Commerce-NOTR 80.00 Notarv Commission-FritsingerlStowell
no 06/29/99 Electro Watchman, Inc. 25.00 Prm~rarnminll Chr2:-M. Olson
T21 06/29/99 Electronic Interiors 260.60 Prof Services - New City Hall
n2 06/29/99 Everson Kathleen 31.00 Refund.Softball SH
T23 06/29/99 Fickle, Debbie 31.00 RefuDd.Softhall SH
n4 06/29/99 Gouher State One-Call 183.75 Mav Service
n5 06/29/99 Graini::!er, Inc. 31.50 Safetv Eauinmenl
T26 06/29/99 Happy Faces Entertainment 170.47 Special Event
T27 06/29/99 HeMing, Denice 100.00 Refund-Team Tennis
T28 06/29/99 Hoen, Mike 25.53 Reimbursement-Youth Snorts EquiD.
T29 06/29/99 ICI Dulux Paint Centers 452.73 Field Markim" Paint
T30 06/29/99 Indenendent School District #621 110.00 Bel!inninl! Word - P. Sweeney
T31 06/29/99 lnsty-Prints 64.38 Utility Main, Fonns (200)
T32 06/29/99 I.U.O.E. Local 49 175.00 June Pavroll Deductions
T33 06/29/99 Jansen, Nancy 50.00 Refund-Team Tennis
T34 06/29/99 Kath Auto Parts 264.04 June Purchases
T35 06/29/99 Kingsbury, Marie 31.00 Refund-Softball SH
T36 06/29/99 Knox Lumber Co, 21.68 Concrete Fonn Material
T37 06/29/99 Koenig, Josenh 31.00 Refund-Softball SH
T38 06/29/99 Labor Relations Associates, Inc. 50.00 Consultant Fees 5/25
T39 06/29/99 Lake Johanna Volunteer Fire Deot. 42,498.39 Fire Protection Services 3l 99
II Total- UnDaid Claims ~~_ 56,404.27 II
..n~h""'"n"poyabWdai...1
.
.
.
,
.
.
.
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 06/28/99 COUNCIL MEETING
PAGE30F3
UNPAID CLAIMS REGISTER:
iitMtttltkllkl'lit ',.t~Mi:llJlit'ltt,lt,'
T40 06/29/99 Larkin, Hoffman Dalv & Lingren 31250 TCAAP-Leoal Fees
T41 06/29/99 Lillie Suburban NewsDaDers 48.99 Le"al Notices
T42 06/29/99 L TO Power Eauioment 565,94 Maintenance Enuin./Renair - #42 TOTO
T43 06/29/99 Marthaler Chris 31.00 Refund~Softball SH
T44 06/29/99 Met Council Envirorunental Services 37.050,68 Julv Sewer CharJJ'e
T45 06/29/99 Midwest Asnhalt Corp, 178.16 Road Renair Material
T46 06/29/99 MGFOA 125,00 Intermediate Govt AcctD-S. Berres 8/16-17
T47 06/29/99 Mn City/County Mf!mt Assoc. 77.00 Membershio-5/99-4/00-Fritsine:er
T48 06/29/99 MRPA 130.00 Membershin-M. Olson
T49 06/29/99 MOfP'an Carol 31.00 Refund.Softball SH
T50 06/29/99 Natale's Caffe, Inc. 65.00 Council Worksession 6/21
T51 06/29/99 Olson Michelle 60.62 Mileae:elExnense Reimbursement
T52 06/29/99 PefTvkowski, Lorna 31,00 Refund.Softball SH
T53 06/29/99 Pitney Bowes 237.60 Posla~e Meter RentallReset
T54 06/29/99 Post, Terrance 92.75 Mileaae Reimbursement
T55 06/29/99 Pron Rec & Rev - Revenue 52.929.34 June Law EnforcemenuFuel Purchases
T56 06/29/99 Randall, Nancv 11,47 Milc8.l!e Reimbursement
T57 06/29/99 Reroof America Com. 2,91 Refund-Overchar17e State SC Permit #6552
T58 06/29/99 Rinp"wald Kevin 152.64 Milea-veJE~nse Reimbursement
T59 06/29/99 Roach, Judv 31,00 Refund.Softball SH
T60 06/29/99 Schreiber Beth 27.00 Refund-PeeWee Tennis
T61 06/29/99 Smith, Katie 31,00 Refund.Softball SH
T62 06/29/99 Software Tailors 1,398.59 PC Network-New HD/Memorv
T63 06/29/99 State of Minnesota 350.00 CPV Membershin 7/99-6/00
T64 06/29/99 TarQ:et Stores 305 Event Sunnlies
T65 06/29/99 Tessman Seed Co. 55,09 Round Un D~ Pack
T66 06/29/99 Tholen Shawn 35,00 Refund-Soccer
T67 06/29/99 TimeSaver Off-Site Secretarial 147.75 Recordina See Fees - CC - 6/14
T68 06/29/99 TruGrecn-Chemlawn 484.58 Broadleaf Weed Control
T69 06/29/99 USTAlNorthem Section 102.00 UST A Repistration - 17 Plavers
T70 06/29/99 US West Communications 207AI 638.0998. Public Works
Subtotal, Page 3 of3 - 95,037.57
Pat?e 2 of 3 Brought Forward. 56.404.27
Total Unnaid Claims-- 151,441.84
..ndJ'l''''''"'''p'~"id,,;",,1
M
~
'It
a::
c:
en
en
in
N
CD
'"
c
w
~
c
tI)
~
o
W
:I:
o
a>
...I en
...Ice
O~
o::iD
~S
!Len
W~
Z",
::liD
-,,,,
c:>;
Z:ii2
0<1>
() ~
w.-
(f)~
(f)
...I
...I
J:
Z
W
C
0::
<l:
LL
o
~
U
.~
.\lil:
.1
i
~
N
::~ s; ~~
.~::;: r...-i
I
s
,~
I
."
00
00
66
~~;
~~:~
N ~
0 0 0 0:
0 0 0 ~
6 6 6
~ N ro ~
'M ro "'
v; '" - ~
'0 ~ ~
..,. N
...
.<i .~
c E
.~ .<i ." .~
E <<
~ ~ " .~
c .
0 E u :~
u . c ..
E u " 2
c ~ ~
E c
" ~ .if
" " " .~
0: :t co
<< << << :J;;O:
V> V> V> :s
"- "- "-
ITIJ
I
!;il
~
ill
.~
>!l
i>l
>!
c...
"Q
=oi
ill
!ff
r--o ~
'-CN~
o:..~
~..,.
~ ~
N ~
"
~ ~
o
~ ~
, ~
u..;
~ ~ ~
~
N N
:!:8~~g
oxi60Ntri
~~N
1("\" r- Q\
il
'"
~
N 0 N
~ ro ~
6 v;
~ '0
'0. """'
w
~ ro :;;;;.:
N ~ ~
N v;
~ ro ,;i
~. 5
$
w
w
.~
.
i!ll
I
:17-
~ << .!;l
~ a
~ s
lmJ
ro ro
00
'0 '0
.dd
~
~
d
g S
~ "
~ :E
~ ~
o
o
:'0
0 0 0 0 0 0:
0 0 0 0 0 #
6 6 d 6 d
~ 0 0 0 0 ~
~ ~ 0 ~ 0 :9.
'" " 6 N d jl!
~ ro ~ N
v; m
:.i:::
c
0
.c ?
:0 0 " i~
." 0
'0 2- c
" ~ :~.
iJ . = :~
"
" Ii i~
:g c :~
co " ~ .0
~ " ::; ~ .>>.
. 0
u ..,. ~ ~ I
" '" ~ l!
ii 0 c
:0 ] '" c
V> o. :0
[[[]]
=
'"
~
i
"'
!
a
u
E
~
~ ~
~
E E
~ ~
~
1 ~
. "'
"' t3
t3 .
~ :E
'" '"
~
M
E
~
"
"'
~~ggg~gggg
~~ggN~gggg
00
00
g g
~ ~ ~
00 N 00
~N
'00
-.io'
..,.ro
'0""
-OOlrl<""lOO
000 0 >.a r--oa
0:..0\6""";0000
r--<"10Nt-OO
~.;:r:} \0. No nO
~
o
~
'0
~ a = "0
VI ";::'i) .!:! "E 0
\0 co ~] Ci a
c "'"-0" IZl ^:Z
(:) t1) - .13
g !':: ~ ~ .e
oIJ"o;; 0.0;:: t1)
:..= ;E.5 .8 "'B
-<>.L.~cn'"
ro~
00
00
00
NN
.
cO;
. E
'" .
co.
V>
'" "
";j W C
~ E "
';"0 ~
<<:tv>
NIf"\<r1 MOO
~~~r:;;~
~ ~ ~^~
\00'.00\
"<to"<t'<l
..,to\...;,....;
OOQQ\N
~^~^~~
_N~
"
c
.g
g ::J ~
-g q ~
co ""
<IJ f.: CQ
~ ::::::2
o O.
"'S..- >.~
~ ~tf.f:
"E ~ ~ ~
~~r.'5~
~
~ ~
~ ~
. .
" "
..9.s ..,
~ ~ ~
.~ .~ >'-1
'" '" ,..
g g ';;;
~ ~ :E
0.. Cl.. ~
:;:
'"
g~ggg~g
g N g g g ~ ~
~.
.
m
=>
~
Ii
~:
"" ~ ~ 0
..,. ~ ~ "" N
'" <i <i '" "
,. ~ ~ ~ ~ ..,.
~ ro ~ ~ ~
..., "" ,.. N"
..., ~ ~
..
N
........ << >R
.
, u ~
.... "
.... 0:: 0 -
M"' .s~
I << ll@ E
91~ v> .
"- .Q .- u
li1' ~ 0"0 -6
~:~ v> ~ 2
~ 0
:~, v.. ... << <<
~ 2 ~I~ u u
." ,.., 0:: 0::
;g '" *
0;1 ] "l:l
e ,- <5
};' ti ~
~ ] ~
"5 .~ J!
~ 8. <l
.. P $
.g ~
.~ .~ .~
:g g .E
~ ~ ~
g u i
l ~ a
r ;....
~ Jl ~
2;i .. <.>
-g ~.~
'" :8
"6 ~ ~
] ... ,~
~ 0 _
.
~
:ti
....~.......
.;i
:~
i~
III
.
o
] g g -g .., ~
~~~~8'~
iC' ~ ~ ::i
- - - .><
ttt~~l
H ~ gH
Vl VI Vl Vl.....1-o
u .8
I ~ 1 ~
i: .s ~
i~~~"@-:3.~"
~~]~88~'~
e..~<]~~.~
EO~tQ~ ~
~ Vl p.. ~ ~ b ..
.
E .
~::;:! 0 = '"
.g > V) .,g 11
0lJ C3 k3".g u
e --:~::E ...A
~ ~ .g, Ef E
~~J:6~
~ s::
:2 =:
o 0
"'! r- 0 0
:i g g
~
~
.,;
~
::;;: s:::q
cr; ~ ~
~'" '"
..,.NN
0..:-0",0
ro..,. ..,.
..,...,.
NO
'0""
OM
~ ro
~ ""
~~~~~r;~~~~~E:;~
MN2;...o N OO'-Ci...tOOr'O..:
ct. 0'> VI ~ :g.g; r:::::: ~ g V) -0 >.D
..~
~N
..,f......
~::!:
~::o~
...to'N
~~,..
ro ~
8;;:;~
oN"";
o ~
- ~
N"
NOOOOOOQOO
O\OQoooooor-ooo
o.r)NNNONo.r100
I.OMMMOOOMOON
....<~" :<:~ :~ :<:~ :::" 1.0 M
'<t"VOOMOOO
V)oo'<tONOOl.l"1:
~:!g$g~~
t-n '"'1 '<t~ OA <"In '<t
-<......-..... ......
~ ro
_ ro
..0..0
~ ~
8gS':~:;
gggr-~
"" ""
~ ~:!iG:
~~:I
8 Q.l ~
1ij .5 -g
l: U ~
uUv>
... ."
t;;~ ~ t
&:~OO
]
..t:: g..c ~ E
~ f.j '" C ~ r~ ~
~ '-~Q.lO~"""'..><:l:::
>;'E:E~~.g,a..:;:~~
5~~.:;,35.p~ E-
.::: ~..el ;= g "0 0 t:~ E
~'E:EOl:~!l::~~g
~~a~~a~~~~
~g2~~~~~~~~~~N~~~~
~V)~V)V)V)V)V)V)V)V)V)V)V)~~~~
~~~~~~~~~~~~~~~~~~
"" ~
_ N
0.::0:..
O~
~,..
.>< "
c-S
~ .
u..~ :I:
5 .;;,,(."
~~
e e
u~
.
E
~ ~
c~.~'E~ .E
@ ~ t. .s ._.Q
~ c-fr~;.~
8 .- '" ~ t: c
.5 e ~ .~ ~ c
NUCl,.....J
<"""l 0Fl r-oo
8888
MMMN
~OVOFlN<"""l~OFl~r-~ <"""l N<"""l~N ~~~N8N~~
o8gggggggggggggggggg8ooog8S
~NNNg~~~~~g~~~~~~~~~~~~~v~;
..,.",ro
_N~
000
~ ~ ~
..,...,...,.
"
~
l
i
,
~ t-- OQ a.
NNMN
trJtrJlt'"llt'"l
~'.o~~
~~~~~:Q~~~g:;~:;
V'I'F'l'F'lOFl'F'lIF"Jlt'"llt'"lIF"J"'IF"J
~~~\O~~\O\O'.o~...o
e
e
e
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 25, 1999
TO:
Mayor and City Council
Brian Fritsinger, City Administrator @
1999 Business License Application
FROM:
SUBJECT:
Requested Action
The City Council is asked to consider the approval of a new 1999 Business License application.
Backf!:round
The City received an application for a Business License for "Lee's World TaeKwonDo
Academy", located in Arden Plaza at 3549 North Lexington Avenue. The new lessee is Mr. In
Lee, 250 East 6th Street, St. Paul, MN, who has submitted all required information to staff for the
licensing process of business (retail sales), as well as a sign application. All required
information, application materials, and fees ($100.50) have now been received.
Recommendation
Staff would recommend City Council approval of 1999 Business License #117, as identified
above, for the remainder of 1999.
BF/sls
,
.
.
.
CITY OF ARDEN IllLLS
MEMORANDUM
DATE:
June 25, 1999
TO:
Mayor and City Council A
Brian Fritsinger, City Administrato(J2l2:V
FROM:
SUBJECT:
Codification, Chapters 1 - 4
Requested Action
The City Council is asked to review the proposed changes to the Municipal Code, Chapters 1 -
4, and prepare for any discussion and formal action at the June 28, 1999 regular Council
meeting. Staff will be forwarding this information to the League of Minnesota Cities who will
then prepare a final draft for adoption by the City Council.
Back!!round
The City Council last reviewed the City Code at its December 15, 1997 Council Worksession.
At that meeting, the City Council finalized review of Chapters 1 - 3. Shortly after this meeting,
the City Council held its annual Retreat and provided direction as the Council's priorities for
1998. Due to the Council's reorganization of staff priorities at the Retreat (i.e., relocating City
Hall to temporary facilities and reorganization of City staff), the codification project was set
aside.
It is important that the City finalize the Code for the benefit of City staff and our residents. The
fact that there are two members of the City Council, and several new staff members, who were
not part of the initial Code conversations requires some brief overview of the process and
chapters already reviewed.
Is Someone Assistinl!: the City with the Codification Process?
The League of Minnesota Cities (LMC) is coordinating the codification process. Due to staff
turnover and other issues, the LMC has also had several delays in finalizing the Code for City
Council review.
The LMC is now prepared to move forward and help finalize the Code with Arden Hills. The
copies provided to the City Council are the second draft of the Code. The comments being
received by the City Council at this time are intended to be the final comments prior to adoption.
Can the Current Code be Easilv Comnared to the Old Code?
No. The LMC did not provide a simple rewrite ofthe old Code in a format that allows side by
side comparisons. The Code has been reorganized with chapters combined, moved or
eliminated.
1
Memorandum, Codification
Page Two
July 25, 1999
.
Should any member of the Council wish to see a copy of the old Code, please let staff know.
Copies will be furnished only if requested.
Chapter 1 - Code Introduction
The City Council previously agreed that this chapter was adequate.
Chapter 2 - Administration
The City Council previously agreed that there were no changes proposed to this chapter, outside
of those recommended by the LMC.
Chapter 3 - Licenses and Ree:ulations
The City Council first reviewed Chapter 3 in February 1997 and again in December 1997. Other
ordinances that the City requested to have incorporated into this chapter by the LMC, but were
not included, were tobacco, telecommunications, and courtesy benches. The City has since
adopted ordinances related to tobacco and strong beer sales. Staffis currently investigating
options for the courtesy bench language, and will provide a sample in the near future.
Section 310.01 (B)
Amended to allow for strong beer sales.
e
Section 310.03 & 310.04
Council deleted this in 1994.
Section 320.09 (C)
Council agreed to leave this in the ordinance.
Section 330.01, Subd. 2, II, (H), 3
Council previously agreed to delete this section.
Section 330.03
The City expressed interest in amending this portion of the ordinance to allow for
massage therapists and/or legitimate massage. The League has not found any suggested
language for this issue. If none can be readily located, staff would recommend the
section be adopted as is, and Attorney Filla directed to draft an ordinance allowing the
items identified above.
Section 330.04
The City Council previously agreed to delete the section on the licensing of taxicabs.
Chapter 4 - Animals and Pets
This chapter has now been revised to incorporate Ordinances, 300 and 301, which were adopted A
by the City several years ago. The League has only made minor definition changes. _
e
.
.
Memorandum, Codification
Page Three
July 25, 1999
Section 400.01, Subd. 3 and Section 420
The LMC will be re-drafting this language to make it clearer.
Recommendation
Staff recommends the City Council provide any final comments on Chapters 1 - 4 of Arden Hills
Municipal Code, and further direct staff to prepare Chapters 5 - 8 for review at the July 12, 1999
City Council meeting.
BF/sls
.
, ....J
i City of Arden Hills
Chapter 1 Code Introduction
I
I
I
I
I
I
f
I
I
I
I
I
I
I
Chapter 1 - Code Introduction
Section 100 - General Provisions
100.01 Code Designation, Citation. The chapters. articles, sections, and subdivisions embraced
in this Code of Ordinances shall constitute and be designated as "The Code of Ordinances of the
City of Arden Hills, and may be so cited. This Code may also be cited as the "Arden Hills City
Code." Internal references to the Arden Hills City Code may be made as "this Code" or "the
Code." All references and citations to this Code shall be deemed to include all additions and
amendments to the Code. All references to Chapters or Sections are to the Chapters and Sections
of this Code unless otherwise specified.
State law reference-Authority to codify ordinances. Minn. Stat. ~9 412.191(5). 415.021.
100.02 Additions. New ordinances proposing amendments or additions to the Code shall be
assigned appropriate code numbers and shall be incorporated into the Code as of their effective
date. Reference or citation to the Code shall be deemed to include such amendments and
additions. When an ordinance is integrated into the Code, there may be omitted from the
ordinance the title, enacting clause, section numbers, definitions of terms identical to those
contained in this Code, the clause indicating date of adoption, and validating signatures and dates.
In integrating ordinances into the Code, the Administrator, in cooperation with the city attorney,
may correct obvious grammatical, punctuation. and spelling errors; change reference numbers to
conform with sections, articles, and chapters; substitute figures for written words and vice versa;
1 - 1
City of Arden Hills
Chapter 1 Code Introduction
substitute dates for the words "the effective date of this ordinance"; and perform like actions to
insure a uniform code of ordinances without, however, altering the meaning of the ordinances
enacted.
100.03 Numbering. Each section number of this Code consists of two component parts separated
by a decimal. The first digit of the number refers to the chapter number and the digits after the
period refer to the position of the section within the chapter. If the chapter is divided into parts,
the figure immediately to the left of the decimal corresponds to the part number.
100.04 Title Headings; Cross References. Chapter, part, section, subdivision, and other titles
shall not be considered part of the subject matter of this Code but are intended for convenience
only and not necessarily as comprehensive titles.
100.05 Copies. Copies of this Code shall be kept in the office of the Administrator for public
inspection or sale for a reasonable charge, asdeterrriined by the City Council.
,.,,' --."^'.-- "",,--'.' .-,' .
100.06 Existing Rights and Liabilities. The repeal of prior ordinances and adoption of this Code
are not to be construed to affect in any manner rights and liabilities existing at the time of repeal
and the enactment of this Code. Insofar as provisions in this Code are substantially the same as
pre-existing ordinaIlces, they shall be considered as continuations and not as new enactments.
Any act done, offense committed, or right accruing or liability, penalty, forfeiture, or punishment
incurred or assessed prior to the effective date of this Code is not affected by the enactment of the
1-2
....
'I
I
I
I
I
I
--
II
I
I
I
I
I
I
~
I
.~
Chapter 1 Code Introduction
City of Arden Hills
I Coo,
I
I
I
I
,
I
I
I
I
I
I
~
I
100.07 Effect of Repeals or Amendments. The repeal or amendment of any portion of this Code
shall not revive any ordinance in force before or at the time the Code or amendment took effect.
The repeal of any Section shall not affect any punishment or penalty incurred before the repeal
took effect, nor any suit, prosecution or proceeding pending at the time of such repeal, for an
offense committed or cause of action arising under the Section repealed.
100.08 Severability of Parts of Code. The sections, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence, paragraph or Section of this Code
shall be declared invalid, unenforceable or unconstitutional by the valid judgment of decree of a
court of competent jurisdiction, such invalidity, unenforceability or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs or Sections of this Code.
Section 110 - Rules of Construction and Definitions
110.01 General. In the construction of this Code and of all ordinances of this City, the following
rules of construction and definitions shall be observed, unless such construction or definitions
would be inconsistent with the manifest intent of the City Council, would be repugnant to the
context of the provisions or the context clearly requires otherwise. All words and phrases shall
be construed and understood according to the common and approved usage of language; but
1 - 3
City of Arden Hills
Chapter 1 Code Introduction
technical words and phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to such peculiar and appropriate
meaning.
110.02 Definitions: For the purpose of this Code, and unless the comext clearly indicates
otherwise, the following words and phrases shall have the meaning given them in this Section.
Subd. 1 Alley. The word "alley" shall mean a minor public way which is used primarily for
vehicular service access to the back or side of a property abutting on a street.
Subd. 2 Boulevard. The word "boulevard" shall mean that portion of a street lying between
the lateral line of the roadway portion thereof (i.e., the back of the curb or curbline) and the
property line of abutting properties which may contain within its boundaries a sidewalk.
Subd.3 City. "City" shall mean the statutory City of Arden Hills in the County .of Ramsey
in the State of Minnesota.
Subd. 4 City Council. "City Council" shall mean the governing body of the City.
Subd. 5 Code. "Code" shall mean this Code of Ordinances as designated and cited in section
100.Ql.
I - 4
~
'I
I
I
I
I
I
~
I
I
I
I
I
I
~
u
t
.
,
I
I
I
I
,
I
I
I
I
I
I
:a
I
City of Arden Hills
Chapter 1 Code Introduction
Subd. 6 County. "County" shall mean the County of Ramsey in the State of Minnesota.
Subd. 7 In the City. The words "in the City" or "in this City" shall mean and include any
territory within the corporate limits of this City and the police jurisdiction thereof, and any
other territory over which regulatory power has been conferred on the City by general or
special act, except as otherwise specified.
Subd. 8 Law. The word "Law" shall mean any statute, ordinance or regulation promulgated
by the United States, the state, the county, the City or any agency thereof, as well as the rules
and regulations of other bodies politic that may be appropriate.
Subd. 9 Month. The word "month" shall mean a calendar month.
Subd. 10 Oath. The word "oath" shall be construed to include an affirmation in all cases
in which, by law, an affimlation may be substituted for an oath, and in such cases the words
"swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Subd. 11 Owner. The word "Owner" shall, when applied to a building or land, include any
part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by
the entirety of the whole or of a part of such building or land.
Subd. 12 Pathway, Pedestrian way. The words "Pathway" and "Pedestrian way" shall
1 - 5
City of Arden Hills
Chapter 1 Code Introduction
mean a way, public or private, running across or located within a platted lot or block or an
unplatted parcel of land, improved, designed or intended for the principal use of pedestrians.
Subd. 13 Person. The word "Person" shall include and be applied to a firm, partnership,
association, corporation, organization, club, society, group acting as a unit, or body politic
and corporate, as well as to an individual.
Subd. 14 Personal Property. The words "Personal Property" shall include money, goods,
chattels, evidences of debt, things in action, and any other species of property, except real
property.
Subd. 15 Preceding, Following. The words "Preceding" and "Following" shall mean the
next before and the next after respecti vel)'.
Subd. 16 Property. The word "Property" shall include real, personal and mixed property.
Subd. 17 Public Place. "Public Place" shall mean any public way, park, cemetery, school
yard or open space adjacent thereto; any public lake or stream; and any place or business
open to the use of the public in general, open to public view or to which the public has
access.
Subd. 18 Public Way. "Public Way" shall mean any street, sidewalk, pathway, Pedestrian
1 - 6
v
'I
I
I
I
I
I
J
I
I
I
I
I
I
~
I
City of Arden Hills
Chapter 1 Code Introduction
~
I
,
I
I
I
I
I
I
.
way, or other thoroughfare granted, dedicated, or reserved for public use and used by the
public for vehicular or pedestrian purposes.
Subd. 19 Real Property. The words "Real Property" shall include lands, tenements and
hereditaments.
Subd. 20 Residence. "Residence" shall mean the place adopted by a person as his or her
place of habitation, and to which, whenever he or she is absent, he or she has the intention
of returning. When a person eats at one place and sleeps at another, the place where such
person sleeps shall be deemed to be his or her residence.
Subd. 21 Roadway. "Roadway" shall mean that portion of a street improved, designed or
intended for the principal use of vehicular traffic extending from the back of the curb (i.e.,
the curbline) on one side to the back of the curb (i .e., the curbline) on the other side.
Subd. 22 Sidewalk. The word "sidewalk" shall mean a way, public or private, comprising
a portion of the boulevard of a street which is improved, designed or intended for the
principal use of pedestrians.
Subd. 23 Signature, Subscription. The word "Signature" or "Subscription'/shall include a
mark when the person cannot write, when his or her name is written near such mark and is
witnessed by a person who writes his or her own name as witness.
1 - 7
City of Arden Hills
Chapter f Code Introduction
Subd. 24 State. The words "the State" or "this State" shall mean the Stae of Minnesota.
Subd. 25 Street. The word "Street" shall mean a way, public or private. for the conveyance
principally of vehicular traffic whether designated as a street, avenue. parkway, road. lane.
throughway, expressway, highway, place or however otherwise designaced. consisting of a
roadway and boulevard, the latter of which may contain a sidewalk.
Subd. 26 Tenant, Occupant. The words "Tenant" and "Occupant," applied to a building
or land shall mean any person who occupies the whole or a part of such building or land,
whether alone or with others.
Subd. 27 Writing, 'Written. The words "Writing" and "Written" shall include typewriting,
priming on paper and any other mode of representing words and letters.
Subd. 28 Year. The word "Year" shall mean a calendar year.
State law reference-Similar provisions, Minn. Stat. 99645.15,645.44.
IlO,03 Special Interpretations.
Subd. 1 Gender. A word importing the masculine gender only shall extend and be applied
to females, and vice versa, and both shall apply to firms, partnerships. associations and
corporations as well as to males. ~: While all attempts will be made to make language
1 - 8
u
'I
I
I
I
I
I
I
a-
I
I
I
I
I
I
~
I
r~
I
I
I
I
I
I
C
I
I
I
I
I
I
~
I
,.'
City of Arden Hills
Chapter 1 Code Introduction
gender neutral, this subdivision should remain as a catch-all for anything that might be
inadvertently missed.
Subd. 2 Nwnber. Any word importing the singular number shall include the plural, and any
word importing the plural number shall include the singular.
Subd. 3 Official Time Standard. Whenever certain hours are named in this Code they shall
mean standard time or daylight savings time as may be in current use in the City.
Subd. 4 Officials, Employees, Boards, Commissions, etc. Whenever reference is made to
officials, employees, boards, commissions or other agencies of the City by title only, i.e.,
"mayor," "clerk-administrator," "chief of police," etc., they shall be deemed to refer to the
officials, employees, boards, commissions or other agencies of this City.
Subd. 5 Shall, May. The word "shall" is mandatory, and the word, "May" is discretionary.
Subd. 6 Tense. Words used in the past or present tense shall include the future as well as
the past or present.
110.04 Delegation of Authority. Whenever a provision appears in this Code requiring an officer
of the City to do some act or make certain inspections, it is to be construed to authorize such
officer to designate, delegate and authorize subordinates to perform the required act or make the
1 - 9
City of Arden Hills
Chapter 1 Code Introduction
required inspection unless the terms of the provision or section expressly designates otherwise.
110.05 Joint Authority, Words purporting to give authority to three (3) or more officers or other
persons shall be construed as giving such authority to a majority of such officers or other persons,
unless it is otherwise specifically declared.
110.06 Reasonable Time. "Reasonable Time" shall mean all cases where any Section of this
Code or City ordinance shall require any act to be done in a reasonable time or reasonable notice
to be given, such reasonable time or notice shall be deemed to mean such time only as may be
necessary for the prompt performance of such duty, or compliance with such notice.
110.07 Exception to Rules of Interpretation. The rules of construction and definitions set forth
in this Section shall not be applied to any Section of this Code or City ordinance which shall
contain any express provision excluding such construction or definition, or when subject matter
or context of such provisions or ordinance may be repugnant thereto.
110.08 Incorporation by Reference. All standard codes, rules, regulations, and other subject.
matter referenced in this Code or hereafter properly incorporated by reference, together with
subsequent amendments ,thereto, shall be kept and preserved in the office of the City
Administrator.
110.09 Parenthetical and Reference Matter. The matter in parentheses at the ends of sections
1 - 10
','
1
I
I
I
I
I
I
t
I
I
I
I
I
I
~
I'
t
I
I
I
I
I
I
C
I
I
I
I
I
I
~
I
City of Arden Hills
Chapter 1 Code Introduction
in this Code is for information only and is not a part of this Code. Citations to ordinances indicate
only the source of such Section and the text mayor may not be changed by this Code.
110.10 Conflicts. If the provisions of different Chapters of this Code conflict with or contravene
each other, the provisions of each Chapter shall prevail as to all matters and questions growing
out of the subject matter of such Chapter. If conflicting provisions be found in different Sections
of the same Chapter, the provisions of the Section which is last in numerical order shall prevail
unless such construction would be inconsistent with the meaning of such Chapter.
Section 120 - Violations and Penalties
120.01 Police Power Extended to City Property. The police power of the City is hereby
extended to include all lands or property owned or leased by the City or any agency of the City
and the general ordinances of the City shall be applicable on such property.
120.02 Altering Code. It shall be unlawful for any person to change or amend by additions or
deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to .
alter or tamper with such Code in any manner whatsoever which will cause the law of the City
to be misrepresented thereby; provided, that supplementation of this Code by authorized persons
shall be permitted.
1 - 11
City of Arden Hills
Chapter 1 Code Introduction
120.03 General Penalty.
Subd. 1 Misdemeanor. Whenever in this Code or in any ordinance of the City an act is
prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or
whenever in this Code or ordinance the doing of any act is required or the failure to do any
act is declared to be unlawful, and no specific penalty is provided therefor, the violation of
any such provision or the failure to perform any such act shall be punished by a fine ef-flet
c:xccediflg f.i.c lffil'larcd dollars ($500.00) or by imprisonment l\6t te execcd ninety (90j dll)s
or both stleh fiHC lIHd irnprisenment iH the diJerc:tion ef the eourt. in an amount or fora
pi:@clOftime; (Jr bOtll, not to exceed the maximum penalty allowable under State law for a
misdemeanor.
Subd. 2 Petty Misdemeanor. Notwithstanding the provisions of Subdivision 1 or this
Section, in the event any provision of this Code is designated as a "petty misdemeanor" the
violation of such provision shall be punished by a fine of not to exceed 6fit: hundtca BellarJ
($100.00). the amount authorized by State law f9r pett}'rnisdemeanors.
>.' ,." -'_," ~",___......" ,...~, '. _, _',"" 'r" '. .. .,' . ",",., _"'." ," " - .... .' '.
Subd.3 Penalty Not Exclusive. The imposition of a penalty under the provisions of this
Code shall not prevent the revocation or suspension of any license, franchise or permit issued
or granted under the provisions of this Code. In the event any violation of this Code is
designated as a nuisance under the provisions of this Code, such nuisance may be summarily
abated by the City in addition to the imposition of a fine or imprisonment.
. 1 - 12
'I
I
I
I
I
I
_I
.
I
I
I
I
I
I
el
~
City of Arden Hills
,
Chapter 1 Code Introduction
120.04 Separate Violations. Each day any violation or failure to perform a required act shall
I
I
I
,
I
I
I
I
I
I
~
I
1 - 13
City of Arden Hills
Chapter 1 Code Introduction
continue shall constirute a separate offense, unless otherwise specifically provided.
120.05 Issuances of Summonses.~: This subsection was added by City) The persons listed
below, as employees or agents of the City, shall have the power to issue summonses incorporating
complaints in the form adopted by the courts. Any issuance by those listed below shall relate only
to offenses involving this Code, building construction, building operation or maintenance. fire and
fire prevention, public health and sanitation, and zoning. No employee or agent authorized to
issue a summons under this subsection shall be authorized to arrest or otherwise take an alleged
violator into custody or to secure a promise to appear in court in lieu of arrest. The employees
or agents who shall be authorized to issue summonses under this subsection shall be as follows:
a. Building Inspector
b. Fire Chief and Assistant Fire Chief
c. Community Service Officer
d. Health Officer
e. Plumbing Inspector
f. Mechanical Inspector
g. Electric Inspector
h. Other Employees Dr agents as shall from time to time be authorized by the Council.
State law reference-Penalties for violation of ordinances, Minn. Stat. ~~ 412.231,609.032.
1 - 14
..;;.
,r
'I
:I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
1'1',
l' ~
I'
~
I
I
I
I
I
I
If
I
I
I
I
I
I
I
City of Arden Hills
Chapter 2 Administration
Chapter 2 Administration'
Section 200 - Elections
200:01 Date of Election. The regular City election shall be held biennially on the Tuesday after
the first Monday in November in every even numbered year beginning with the 1974 election.
State law references-Elections, general and special, Minn. Stat. Ch. 203; conduct of elections,
Minn. Stat. Ch. 204; municipal elections, Minn. Stat. Ch. 205.
200.02 Absentee Ballot. ~: The new statutes authorizing elections by mail in some limited
circumstances does not effect the general absentee election laws. Thus, while this formal of a
code provision is not common, it is still valid and the term absentee ballot does still have legal
significance.
Subd. 1 Precinct Established. There shall hereby be continued an absentee ballot precinct
within the City which shall handle all absentee ballots of the electorate of the City received
during any election. (Established by Or. No. 269, 8-27-90)
Subd. 2 Polling Place. The absentee ballot precinct shall be the precinct in which the City
Hall of the City serves as the polling place for such precinct.
'State law references-Statutory cities, Minn. Stat. Ch. 412; powers of council, Minn. Stat. 9
412.191; rights, powers and duties of municipalities, Minn. Stat. Ch. 465.
2 - 1
City of Arden Hills
Chapter 2 Administration
Subd. 3 Election Board. The election board of the precinct for which the City Hall serves
as,the polling place shall be the election board of the absentee ballot precinct.
Subd. 4 Duties. Unless otherwise provided in the State of Minnesota election laws, the
absentee ballot precinct shall:
A. Receive .all absentee ballots of the electorate of the City for any election.
B. Check the registration of each absentee ballot.
C. Determine the precinct of each absentee ballot voter and report the results of such
election to each precinct with such results to be tabulated with that precinct.
D. Prepare a list for submission to each precinct within the City prior to the close of the
election day for precinct officials to check against the voter registration file to ascertain
if any absentee ballot voter voted by person.
E. Reject any absentee ballots of persons who had voted at a precinct making a notation
on the envelope of the absentee ballot as to the reason for rejection.
F. Count the absentee ballots after the polls have closed by opening them and tibulating
the vote of each absentee ballot voter in a manner which will indicate each vote of the
2-2
l
I
I
I
I
I
a:
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 2 Administration
absentee voter and designate that the vote was received by absentee ballot.
Section 210 - City Council"
210.01 Terms of Councilmembers, Mayor. Two (2) councilmembers shall be elected for
four-year terms at each biennial election commencing in 1974. The mayor shall be elected for a
four-year term at the biennial election commencing in 1986.
210.02 Salaries. The salary of the mayor is shall be fixed at twe three thousand flifie six hundred
dollars ($~ 3,600.00) per annum payable in equal monthly installments of twe three hundred
f"5rl) efie dollars and sixty se .en ee!\t3 ($241.67 300). The salary of each councilmember is shall
be fixed at the rate of twe three thousand three two hundred dollars ($~ 3,200.00) per annum
payable in equal monthly installments of 6fie tWO hundred mllety enc sixty-six dollars and
sixty-seven cents ($f9t 266.67).
210.03 Council Meetings.
Subd. 1 Regular Meetings. The City Council shall have regular meetings on the second and
last Mondays of each month at 7 :30 p.m. and, if such day shall fall on a holiday, shall have
'State law references-Optional plans of government, Minn. Stal. ~ 412.541; optional plan A,
Minn. Stat. ~ 412.572 et seq.; governing bodies, Minn. Stal. ~ 471;57.
2-3
City of Arden Hills
Chapter 2 Administration
its regular meeting on the next following day, and adjourned and special meetings at any
other time 2 or more Councilmembers or the mayor may deem necessary. The first meeting
of the year shall be held on the second day of January unless the second day of January shall
fall upon Saturday or Sunday, in which event it shall be held on Monday the third or fourth.
All meetings shall be held in the city hall except as otherwise, from time to time designated
by the Council.
State law reference,-Meetings of council, Minn. Stat. ~ 412.191(2).
Subd.2 Adjournment. The Council may at any time, by a majority vote of those present,
adjourn from time to time to a specific date and hour whether or not a quorum is present.
Subd. 3 Special Meetings. Special meetings may be called by the mayor or any two (2)
members by written request filed with or verbal request made to the ele[ k City Administrator
at least three (3) days, Sundays and holidays excepted, prior to the time specified for such
meeting, The eleffi:- City Administrator shall mail a notice at least two (2) days before the
meeting to all members of the time and place of the meeting and its purpose, if the purpose
be stated in the call filed with or made to him or her.
Subd. 4 Emergency Meetings. An emergency meeting may be called by the Mayor or any
two members of the Council for the purpose of dealing with a situation which due to the
circumstances requires the immediate consideration of the Council. Actual notice of the
meeting must be attempted to be given to all members of the Council, and notice provisions
2-4
I
I
I
I
I
I
I
.
I
I
I
I
I
I
~
I
Chapter 2 Administration
of State law must also be met.
Subd. 5 Initial Meeting. At the first regular Council meeting in January of each year the
Council shall:
A. Designate the depositories of City funds;
B. Designate the official newspaper;
C. Choose one of the Councilmembers as acting Mayor, who shall perform the duties
of the Mayor during the disability or absence of the Mayor from the City or, in case of
a vacancy in the office of mayor, until a successor has been appointed and qualifies;
D. Appoint such officers and employees and such members of boards, commissions,
departments, and committees as may be necessary.
Subd. 6 Presiding Officer. The mayor shall preside at all meetings of the Council. In the
absence of the mayor, the acting mayor shall preside. In the absence of both, the
Councilmembers shall elect one of their number as temporary chairperson. The acting mayor
and temporary chairperson when occupying the place of the mayor shall have the same
privileges as other members.
2-5
City of Arden Hills
Chapter 2 Administration
Subd. 7 Quorum; Compelling Attendance. At all meetings of the Council, a majority of
the councilmembers shall constitute a quorum to do business, but a minority may adjourn
from day to day and may compel the attendance of absentees unless a reasonable excuse be
offered.
Subd. 8 Meetings Public. All meetings of the Council shall be public and shall comply with
the open meeting law.
210.04 Rules and Procedures.
Subd. 1 Purpose. These rules and procedures of the Council are adopted to facilitate the
transaction of Council business and functions. They should not be permitted to defeat or
hinder the plainly expressed intent and desire of the Council. Informal compliance and
substantial performance shall be sufficient under the following rules in the absence of
objection seasonably taken. Objection is hereby declared not to have been seasonably taken
as to procedural matters provided for herein if a councilmember present at a meeting fails to
object during the meeting and request compliance with these rules, and such objection shall
not be seasonably taken if taken by an absent member later than the next regular meeting after
the proceedings to which objection is made.
Subd. 2 Amendment of Rules. The rules governing meetings of the Council, or any of
them, may be temporarily suspended by consent of a majority of all Councilmembers, and
2-6
I
I
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
Chapter 2 Administration
shall not be repealed, altered, or amended, unless by concurrence of a majority of the whole
Council, and upon notice given at some preceding meeting.
Subd. 3 Robert's Rules. In all points not covered by this Section, the Council shall be
governed in its procedure by Robert's Rules of Order, Revised.
Subd. 4 Authority of Mayor Generally. The mayor shall preserve order and decorum and
shall decide questions of order subject to an appeal to the Council. The mayor may make
motions, second motions, or speak on any question; provided, however, that in order to do
so, upon demand of anyone Councilmember, he or she shall vacate the chair and designate
a Councilmember to preside temporarily. The mayor shall be entitled to vote like other
members of the Council.
Subd. 5 Voting Generally. When a question is put to the Council by the chair, every
member present shall vote unless for special reasons the Council shall excuse him or her; or
a conflict of interest may exist, he or she shall not vote. In cases where the direction of the
vote is in doubt, the chair may direct, or any member may demand, that a division vote be
taken. The yeas and nays shall be called upon a requisition by the chair or any member, in
which case the names of the members voting are required to be recorded in the minutes.
Except as otherwisepr6vide~Iin.thisCode, or when adifferentvote is req~it~d,bylaw, a
.' " '., ' -,.'- ' ' , ,,' .
majority vote of thos~pres(:nt shall be sufficient to approve an.yqueslioIrpo. sed to the
.' ..
Council.
2-7
City of Arden Hills
Chapter 2 Administration
210.05 Minutes. Minutes of all Council meetings shall be kept by the Administrator. They shall
be signed by the Administrator and shall constitute an official record of the Council proceedings.
Upon approval of the minutes at a subsequent meeting of the Council, the mayor shall sign the
minutes. Lack of such mayor's signature or Council approval shall not invalidate such minutes
as official records.
210.06 Execution of Ordinance; Ordinance Book. After an ordinance shall have passed, a
complete and accurate copy as amended shall be made by the Administrator and shall be signed
by the mayor or in his or her absence by the acting mayor, and deposited with the Administrator
who shall attest, seal, number, file, and record or place the same permanently in the City's
ordinance book. Entry of the complete ordinance as amended directly into the ordinance book and
original signatures and seal thereon shall be in compliance with this Section. The affidavit of
publication shall be permanently inserted in the ordinance book after each ordinance.
Section 220 - Boards, Committees and Commissions
220.01 General.
Subd. 1 Quorum. A majority of the members of any boards, committee or commission of
2-8
'I
I
I
I
I
I
I
"
I
I
I
1
I
I
s:
I
r
I'
~
I
I
I
I
I
I
,
I
I
I
I
I
I
-
I
City of Arden Hills
Chapter 2 Administration
the City at any meeting of such group shall constitute a quorum for the transaction of the
business coming before such board, committee or commission.
Subd. 2 Voting Required. Each member of any board, committee or commission of the City
shall be required to vote on matters coming before that body unless such member shall have
a conflict of interest concerning the matter to be voted on.
Subd. 3 Minimum Requirement for Action. Unless otherwise specifically provided, a
majority of the members of any board, committee or commission present and voting at any
meeting thereof shall be required for any action or decision of such board, committee or
commission.
;;',
220.02 Advisory Committees. Advisory committees may be established by the Council as may
be needed from time to time for the efficient operation and administration of the affairs of the
City. In the event such committees are established, the members thereof shall be appointed by the
mayor with the approval of the Council. ~: The committees that should be listed in this
chapter are those with ongoing duties created by a specific ordinance. The EDA should definitJ\,
be added.
220.03 Human Rights Commission' ~: This commission is not required by statute. If the
'State law reference-Department of Human Rights, Minn. Stat. Ch. 363.
2-9
City of Arden Hills
Chapter 2 Administration
committee is not as formal as the commission was intended to be, does not have specific assigned
tasks that are of an ongoing nature, etc. This section could be deleted and the committee treated
as under 220.02.
Subd. 1 Established. There is hereby continued within the City a human rights commission.
(Created by Ord, No, 105 ~ 2, 5-27-68.)
Subd. 2 Purpose. The purpose of the human rights commission shall be to secure for all
citizens equal opportunity in employment, housing, public accommodations, public services
and education and full participation in the affairs of this community by assisting the
Minnesota Department of Human Rights in implementing Chapter 363 of the Minnesota
Statutes and by advising the City Council on long range programs to improve community
relations in the City.
Subd. 3 Composition. The human rights commission shall consist of ten (10) regular
members to be appointed by the mayor with the advice and consent of the Council. Additional
ad hoc members, requested by the chairperson of the commission for special projects may
also be appointed to serve thereon by the mayor with the advice and consent of the Council.
Both regular and ad hoc members of the commission shall be appointed with due regard to
their fitness for the efficient dispatch of the functions, powers and duties vested in and
imposed upon the commission.
2 - 10
I
I
I
I
I
I
~
I
I
I
I
I
I
I
I
Chapter 2 Administration
City of Arden Hills
,
I
I
I
I
I
I
,
I
I
I
I
I
I
-
I
Subd. 4 Appointment, Terms.
A. Each member of the human rights commission, after the original appointments, shall
be appointed for a term of three (3) years. Upon the expiration of his or her term of
office, a regular member shall continue to serve until his or her successor is appointed
and shall have qualified. To insure regularity in the composition of the commission, the
first year of any term of a regular member shall be deemed to end at the expiration of the
calendar year in which the appointment is made. Members may be reappointed to
subsequent terms.
B. Ad hoc members shall be appointed for one year terms, which shall be deemed to,
have expired at the end of the calendar year in which the appointment is made.
:?.:
C. At the first meeting of the Council in each calendar year, the mayor with the advice
and consent of the Council, shall in addition to making the required appointments
designate one of the members of the commission to act as its chairperson for that
calendar year.
Subd. 5 Removal. Any member of the human rights commission may be removed from
office for cause by the mayor with consent of the Council.
Subd. 6 Filling of Vacancies. Any person appointed to fill a vacancy occurring in the
2 - 11
City of Arden Hills
Chapter 2 Administration
membership of the human rights commission prior to the expiration of the term for which his
or her predecessor was appointed shall be appointed only for the remainder of such unexpired
term.
Subd. 7 Compensation. Both regular members and ad hoc members of the human rights
commission shall serve without compensation.
Subd. 8 Duties and Responsibilities. In fulfillment of its purpose, the human rights
commission's duties and responsibilities shall be to:
A. Adopt bylaws and rules for the conduct of its affairs including the election of such
officers other than chairperson as it deems necessary, assumption of duties and definition
of responsibilities of officers and committees.
B. Draft a memorandum of agreement with the Minnesota Department of Human Rights
for the purpose of determining regulatory and enforcement procedures.
C. Enlist the cooperation of agencies, organizations and individuals in the community
in an active program directed to create equal opportunity and eliminate discrimination
and inequalities.
2 - 12
1
I
I
1
I
I
,
I
I
I
I
I
I
I
I
Chapter 2 Administration
D. Formulate a human relations program for the City to give increased effectiveness and
direction to the work of all individuals and agencies addressing themselves to planning,
policy making and educational programming in the area of civil and human rights.
E. Advise the mayor, the City Council and other agencies of the government on human
relations and civil rights problems.
F. Act in an advisory capacity with respect to planning or operation of any City
department on issues of civil and human rights and recommend the adoption of such
specific policies or actions as are needed to provide for full equal opportunity in the
community .
G. Develop in cooperation with the Minnesota Department of Human Rights such
'programs of formal and informal education as will assist in the implementation of
Chapter 363 of the Minnesota Statutes and provide for the commission's assumption of
leadership in recognizing and resolving potential problem areas in the community.
220.04 Planning Commission.'
Subd. 1 Appointment. At the first Council meeting of the calendar year, the mayor shall
appoint a planning commission consisting of seven (7) members subject to approval by a
'State law reference-Housing, redevelopment, planning, zoning, Minn. Stat. Ch. 462
2 - 13
City of Arden Hills
Chapter 2 Administration
majority vote of the entire Council.
Subd. 2 Terms. The term of each member of the Planning Commission shall be for the
calendar year or the balance thereof following the member's appointment.
Subd. 3 Filling Vacancies. Vacancies in the Planning Commission occurring during the
calendar year shall be filled by the mayor as soon as conveniently possible with the approval
of the majority of the entire City Council.
Subd. 4 Chairperson. One (1) of the regular members of the Planning Commission
shall be designated by the mayor as the chairperson.
Subd. 5 Other Officers. The members of the Planning Commission may elect a vice
chairperson, II secretll!Y, and such other officers as they shall deem appropriate.
Subd. 6 Powers and Duties.
A. Generally. The Planning Commission shall fulfill the function of the City's planning
agency and its board of adjustments and appeals. It shall exercise the duties conferred on
it by the City Council and shall have the powers prescribed for such agencies and boards
pursuant to MS 462.351 through 462.364 as amended, including but, not limited to the
following:
2 - 14
'1
I
I
I
I
I
i
I
I
I
I
I
I
~
I
.'
City of Arden Hills
Chapter 2 Administration
I'
~
I
I
I
I
I
I
.
I
I
I
I
I
I
1. Comprehensive Municipal Plan. The Planning Commission shall prepare the
City's comprehensive municipal plan, periodically review the plan and make
recommendations to the City Council regarding adoption or amendment of the plan.
2. Public Property. The PlaMing Commission shall review the proposed public
acquisitions and disposals of real property and proposed public improvements to real
property and shall advise the City Council in writing whether such acquisitions,
disposals or improvements are in compliance with the city's comprehensive
municipal plan. Failure of the Planning Commission to report on the proposal within
forty-five (45) days (Note: There was a question after this forty-five day
requirement, but it did not specify the concern) after referral by the City Councilor
within such other reasonable period as may be designated by the City Council shall
be deemed to have satisfied this review requirement. The City Council may, by
resolution adopted by an affirmative vote of four (4) Councilmembers, dispense with
this review requirement if in its judgment the City Council determines that such
proposal has no relationship to the City's Comprehensive Municipal Plan.
3. Public Hearings. The PlaMing Commission shall conduct public hearings as
required by state law or the provisions, of this Code.
4. Appeals from Administrative Decisions. The Planning Commission shall hear
and decide appeals where it is alleged that there is an error in any order,
2 - 15
I
City of Arden Hills
Chapter 2 Administration
requirement, decision or determination made by an administrative officer in the
enforcement of the City's official controls.
5. Variances. The Planning Commission shall hear requests for variances pursuant
to the requirements contained in the City's official controls,
6. Building Permits. When a building permit for the construction of a building is
not issued because the building is to be constructed within the limits of a mapped
street, outside of any building lines that may have been established upon an existing
street or within an area identified for public purposes on an official map adopted by
the City, the Planning Commission, upon appeal filed with it by the affected prop-
erty owner, may authorize the issuance of a building permit for said building in such
location in any case in which the Planning Commission finds that:
a. The entire property of the appellant, part of which is included within or is
located outside of one (1) or more of the above-described areas, cannot yield a
reasonable return to the appellant unless the building permit is granted; and
b. Justice and equity require the issuance of the building permit when the
City's interest in preserving the integrity of its official map and comprehensive
municipal plan is balanced against the appellant's interest in the use and
enjoyment of the property,
2 - 16
'1
I
I
I
I
I
I
,
I
I
I
I
I
I
~
_1
r
I'
~
I
I
I
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 2 Administration
If the Planning Commission authorizes the issuance of a building permit under this
Subdivision, the City shall have six (6) months from the date of the decision of the
Planning Commission to institute proceedings to acquire such land or interest
therein. If no such proceedings are started within that time, the building permit shall
be issued in accordance with the applicable City regulations if the application for
said permit otherwise conforms to City regulations.
B. Recommendations. The recommendations and fmdings of the Planning Commission,
except as provided in Subsection 6.a., shall be advisory to the City Council which may
take such action on the recommendation as it deems proper.
Subd. 7 Rules of Procedure. The Planning Commission shall prescribe its own rules of pro"
cedure to the extent permissible under statute and to the extent that such rules are consistent
with this Code.
Subd. 8 Records. The Planning Commission shall provide a written record of its
proceedings, including the minutes of its meetings, findings and the action taken by the
commission on each matter referred to it or heard by it, including the final recommendation.
(NQ1e.: There were comments next to subd. 8 but they didn't seem to indicate any changes
to be me made.)
2 - 17
City of Arden Hills
Chapter 2 Administration
Subd. 9 Hearings. Hearings shall be held by the Planning Commission in all matters where
public hearings are required by state law, or this Code; and hearings may be afforded to any
interested parties on any other matter where the commission deems it appropriate,
Subd. 10 Reports. The Planning Commission shall submit reports directly to the City
Council, which reports shall contain the findings, conclusions and recommendations of the
commission as to action to be taken by the Council. In addition, the commission shall send
copies of its report on variances of the zoning ordinance to the board of appeals.
220.05 Fire DepllFJtlCnt Protection. Fire Protection services shall be provided by contract with
another governmental entity's fire department, or by contract with an independent nonCprofit
~iJrporation authorized to provide flreprotection and fire fightings.ervices pursuant to State law.
8tlbd. 1 OlfitintlatieB. There: is continucd in t.fie City a veltinteer fife dcparl:fl,ellt, Nhieh
departn,ellt Jhall have the falle,l, ing eHieers. a ellie[, aaaJsiJtllnt ehief MIa a fire marshal.
Sebd. 2 AppeiBtment ef Offieers. Thc chief of the fire depaltmell.t shall be: lIppeillted
alilltlllll)' b)' the Cetlllcil. MemberJ ef the depllrtmellt n,a)" receff.mead tel the C6tlneil a
nentlflee er neminees f6r appointmcnt by submitting same in writing te the Cel:locil prier te
febtl:lllry 1 elf each year. The chief ef the fire del'artmell.t shall apl'elint care )'ear an assblMt
chief 11M a fire marshal, 3ebjeet tel cenfil'filatien b)' the CetlneH. The ehief elf the flre
departmellt, the: aJJiJtallt chief and the fire marshal care shall held e.ffiee f-er ene ) cllr and
l:lntil the. Jtleee3Jar na3 been ffi:11y R13peinted af qtlalified. The a-e8 ie n8.fl.l~a affieer fi'lft) be
2 - 18
'I
I
I
I
I
I
I
.
I
I
I
I
I
I
~
I
"
I
Chapter 2 Administration
ICfi~5 ~ cd 6) t-l.lC Ceundl for Catl3e naB aRer a p\::lblie hearing. fircfigliie.rJ and pfebatioftary
flTt:fighter~ ~hall be flppeintea b) tf.e member~ Bf the deparl:ment, Jtlbjeet te eenfirmatien by
tht: Cetlneil. fiTefighterJ ~hall eentintle as members ef the depad'lile:nt during geod behavier
and mil)' be lemeved Bj the Ceuneil Billy fer eallJe lInd lifter a publie hearing.
SlIbd. 3 DlItieJ ef Chief. The eltlef ~hall ha'(C eel'llrel e,er lIIl ef!he fire fighting apparatu~
line shall be. ~ele.l) re:sp8n~ibk fer it~ eare and eelldiIien. The ehief Jhall make a report,
semi lInfillfllly, te the Celineilllt it3 mee:ting in Mareh fllld September, a3te tht. eendition ef
the eqtlil'n'lej,t and !leeds ef the fire de:pamnent. The ehief may Joomit additiernll rel'ert3 and
reee[,dficfJdlltiero at any meeting ef the Cellneil and Jhall repBrt eaeh ~lIspefiSiBn ef a member
of Il,e fire depllrtmellI at the first mee:ting Be !he Cetllleil f.ellowing eaeh slIspellsien. The
ehief Jhall be re~p6flSible fer the prBI'e:r trllining and diJcijlline Bf the membe:rJ of the fire,
departme.nt, and may Stl3pCnd ftfi)' fbcn/5er for reR13al or neglect t5 ebe) eraers pending fmal
action 6) the Ce\:lfidl Oft t-he. rliJeharge or retcnti5ft.
SlIbd. .4 Ditties ef Fire Mllf'Jhlll. The Bfflee ef fire IldifShal may be heM by the ehief er by
the: a~:;istant ehief, if the Cel111eil al'llle .es. The fire malshal :;h:all be eharged with the
e:Hf-oreement ef fllllllWJ aimed at fire prerentiBn. The mal Jhal Jhall ha\t full autherit) te
iml'~et all premiJe3 Rfia 16 efttl3e the Ien15val Br abatement ef fin fire hazara:;.
SlIbd. 5 Rteerds. The ehief shall keel' in een'/enient ftlrm a eemp1ete: reeerd Bf all fires.
Such fteer.:! shall tlld1:lae the tmlc Bribe alarm., leeatien ef.fne., efrtt3e efflfe (if1mer~\n), ~pe
2 - 19
City of Arden Hills
Chapter 2 Administration
ef btlilcliflg, flame of ol'lne:r and lenaftl, ptlf1l6se fer which oeetlpied, \allle of buill:!ing aflB
eofltents, memeerJ ef the aepal1ment ropending Ie the alllffi. ana sueh ether informatien ItJ
the ehief /fill)' aeem ad. iSllb1e er as may be re"lllired frem time tG time by the: Cetlncil er stll:te
depart.me:nt.
Stlbd. 6 Prltetiee Dril!:J. It Jhall be the dl:lfy ef the chief, .,hen thc weather permitJ, to held
a n.eHthly practice drill ef at 1ea3t eoc ftOtlr'3 atlration for the fire aepltdluCflt and te gi,e Ihe
fire:fighlerJ inJtl'lletien in Itppre', ed method3 ef fire fighting anti fire pre., entien.
Sllbd. '7 A3sistlmt Chief. In the: abse:nce: er disability of the. ehief, !tit: a3Ji3tllflt ehief JftalJ
perftll'ffi all the Nnetiens and exereiJe all ef the lIutherity of the ehief.
Stlbd. 8 Firefighters. Tht: ehicf, the 1I33is!ftnt ehief, tilt: fIre marsflltl ana all firefightcn llfid
prebalieHar) fire:fighterJ shall not be IeJs than 18 n6r H,Gre: thltn 65 years 6f agt: Itntl
able bedied. They shall beeen.e membeu ef the: fire aepartfflent enly afte:r a 12 IDefllh
preblltienary pedGd. The C6t1nt:il ffla) reqtlirc; that elleh eandidate, bef6rc bceeffliflg It
prebatieflltl) Hrefighter, lfitl3t JatiJf) eert:ain minimtlffl qtIalifieatiero .trueh ma) be Jpedfied
by the C611neil, aHa that the ellndidate ffl\1Jt pa3s a JlIti3fllctery physical exanlillllti8fl.
Subd. 9 Less 6f Membership. rirefighter3 ae3ent frem three eenseetlthe drills 6r eal13,
unless exctlsed by the chid, Jhall fGrfeit men,eership in the dellartnit:nt.
2 - 20
'I
I
I
1
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
City of Arden Hills
Chapter 2 Administration
Stllld. 10 Cempe!l3atien. Cafl,pefl3ation shall be e:;tablished by the Ceuneil.
Subd. 11 Pi (Jenl MembEl3. PerJoflS y,flO haye beel, n,efl,bers ef the firc Elepllrtfl,cnt f-er at
least efiC year at thc time of the fidoptiafl of this Cede secti6f1 :;hall f10t be reqrtirecl te servc
a prebati(lllfiry perioa bderc re:ed;ing firefighte:r's rating.
Subel. 12 I!ltuf'(:I e!lee .,...ith Department. It shn~l be uRla,,'ful fer any penon te give or
make, er eame tl) be gil'en or rl<~de, aR a1am, of fire y;ithout prebfible ealise, 6r to negleet
or IeRne tl) ebey finy reasonable emkr of the chief at a fire, er te interfue with tfie fire
aepaftfl,cIlt tl, thc dis:hf.rge of it:; cltlties. Ct"da.;ful iflt~rfcreflee shall inelucle the f-elle'Ning
of a flr~ true:k wh~n itJ :;ircfI find cllli:rgenc) light:; are iR apuatieR, ei<ner than 500 ket, by.
pe;r:;en:J !'let en effieial tit;. bu:;ine:;s.
Section 230 - Ch.n Defense"
~: If the City is still providing this service and not the county, this section needs to remain
intact. Comments to subds. 4 and 5 indicate that the city may have forfeited this contralto the
county as committees have never been established.
230.01 Policy and Purpose. Because of the existing and increasing possibility of the occurrence
of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or
'State law reference-Minnesota Civil Defense Act, Minn. Stat. Ch. 12.
2 - 21
City of Arden Hills
Chapter 2 Administration
other hostile action, or from fue, flood, earthquake or other natural causes, and in order to insure
that preparations of this City will be adequate to deal with such disasters, and generally, to
provide for the common defense and to protect the public peace, health, and safety, and to
preserve the lives and property of the people of this City, it is hereby found and declared to be
necessary :
A. To establish a local civil defense agency;
B. To provide for the exercise of necessary powers during civil defense emergencies;
C. To provide for the rendering of mutual aid between this City and other political
subdivisions of this state and of other states with respect to the carrying out of civil defense
functions.
230.02 Intergovernmental Coordination. All civil defense functions of this City shall be
coordinated to the maximum extent practicable with the comparable functions of the Federal
Government, of this state, and of other states and localities, and of private agencies of every type,
to the end that the most effective preparations and use may be made of the nation's manpower,
resources and facilities for dealing with any disaster that may occur.
230.03 Definitions. For the purposes of this Chapter, the following words and phrases shall have
the meanings respectively given to them:
2 - 22
-'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
City of Arden Hills
Chapter 2 Administration
Subd. 1 Civil Defense. "Civil Defense" shall mean the preparation for and the carrying out
. of ,all emergency functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting from disasters
caused by enemy attack, sabotage, or other enemy hostile action, or from fire, flood,
earthquake, or other natural causes. These functions include, without limitation, fire-fighting
services, police services, medical and health services, rescue, engineering, air raid warning
services, communications, radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare services, emergency
transportation, existing or properly assigned functions of plant protection, temporary
restoration of public utility services, and other functions related to civilian protection,
together with all other activities necessary or incidental to preparation for and carrying out
of the foregoing functions.
Subd. 2 Civil Defense Emergency. "Civil Defense Emergency" shaH mean an emergency
declared by the governor under Minnesota Statutes, Section 12.31.
Subd. 3 Civil Defense Forces. "Civil Defense Forces" shall mean any personnel employed
by the City and any other volunteer or paid member of the local civil defense agency engaged
in carrying on civil defense functions in accordance with the provisions of this Chapter or any
rule or order thereunder,
Subd. 4 Committee. "Committee" shall mean the civil defense advisory committee created
2 - 23
City of Arden Hills
Chapter 2 Administration
by this Chapter.
Subd. 5 Director. "Director" shall mean the director of the civil defense agency of the City.
230.04 Governmental Function. All functions contained in this Chapter and all other activities
relating to civil defense are hereby declared to be governmental functions.
230.05 Cooperation with Federal, State Authorities. Every officer and agency of the City shall
cooperate with federal and state authorities and with authorized agencies engaged in civil defense
and emergency measures to the fullest possible extent, consistent with the performance of their
other duties. The provisions of this Chapter and of all regulations made hereunder shall be subject
to all applicable and controlling provisions of federal and state laws and of regulations and orders
issued thereunder and shall be deemed to be suspended and inoperative so far as there is any
conflict with such laws or regulations.
230.06 Special Police Officers. The mayor may appoint any qualified person holding a position
in any agency created under federal or state authority for civil defense purposes as a special police
officer of the City, with such police powers and duties within the City incident to the functions
of his or her position, not exceeding those of a regular police officer or desigriated;la.W
~'."._.-, ._.._,.,-,...u._......;.~.~...,
emotceip,ent officer of the City, as may be prescribed in the appointment. Every such special
..."",.>\,._,.:._.._....,.,.:.c..,"c.,....,......
police officer shall be subject to the supervision and control of the chief of the City's desig~a~~~
!~V,r etif()Esementprovider peliee and such other peHee law emorcement officers of the City as the
2 - 24
~
1
I
1
1
I
I
I
II
I
I
I
I
I
I
~
I
r
I'
~
I
I
I
I
I
I
"
I
.
.
.
.
.
~
I
City of Arden Hills
Chapter 2 Administration
chief may designate.
230.07 City's Liability.
Subd. 1 General. The City, and except in cases of willful misconduct, its officers, agent,
employees, or representatives engaged in any civil defense activities, while complying with
or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended
(Minnesota Statutes, Sections 12.01 to 12.46) or with this Chapter or any rule, regulation or
order made hereunder, shall not be liable for the death of or any injury to persons, or damage
to property as a result of such activity.
Subd. 2 Benefits. The provisions of this Section shall not affect the right of any person to';
receive benefits to which he or she would otherwise be entitled under this Chapter or under
the workers' compensation law, or under any pension law, nor the right of any such person
to receive any benefits or compensation under any act of Congress to which it relates,
whichever occurs first.
230.08 Mutual Aid Agreements. The civil defense director shall develop proposed mutual aid
agreements with other political subdivisions within or outside the state for reciprocal civil defense
aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he or she
shall present such agreements to the Council for its action. Such arrangements shall be consistent
with the state defense plan, and during a civil defense emergency, it shall be the duty of the civil
2 -25
City of Arden Hills
Chapter 2 Administration
defense forces to render assistance in accordance with the provisions of such mutual aid
arrangements. Any mutual aid arrangement with a political subdivision or another state shall be
subject to the approval of the governor.
230.09 Use of City Personnel, Services, etc. The civil defense director shall utilize the
personnel, services, equipment, supplies and facilities of existing departments and agencies of the
City to the maximum extent practicable. The officers and personnel of all such departments and
agencies shall, to the maximum extent practicable, cooperate with and extend such services and
facilities to the local civil defense agency and to the governor upon request. The head of each
department and agency, in cooperation with and under the direction of the director, shall be
responsible for the planning and programming of such civil defense activities as will involve the
utilization of the facilities of his or her department or agency.
230.10 Prohibited Illuminations. Any illumination within the City contrary to the provisions
of this Chapter or any other provisions of this Code pertaining to civil defense or of any regulation
adopted thereunder or of any federal or state law, regulation, or order shall be' deemed a public
nuisance. Any regular (or auxiliary) police officer or designa~~qll"y enforcementprovider (or air
raid warden) may abate such nuisance summarily or may take any other action necessary to
enforce such provisions, including entry on private property and the use of whatever reasonable
force is necessary.
230.11 Civil Defense Agency
2 - 26
"1
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
City of Arden Hills
Chapter 2 Administration
Subd. 1 Civil Defense Agency Continued. There is hereby continued within the City
government a civil defense agency. (Created by Ord, No. 63, ~ 3(1), 12-27-61)
Subd. 2 General Supervision. The civil defense agency shall be under the supervision and
control of the director of civil defense.
Subd. 3 Functions Generally. The civil defense agency shall perform civil defense
functions within the City as may be required pursuant to the provisions of the Minnesota Civil
Defense Act of 1951, as amended, or this Chapter.
Subd. 4 Organization. The civil defense agency shall be organized into such divisions and'
bureaus, consistent with state and local civil defense plans, as the director deems necessary'
to provide for the efficient performance of local civil defense functions during a civil defense
emergency.
Subd. 5 Participation in Labor Dispute, Politics. The civil defense agency shall not
participate in any form of political activity nor shall it be employed directly or indirectly for
political purposes, nor shall it be employed in a legitimate labor dispute.
Subd. 6 Director.
A, Appointment. The director of civil defense shall be appointed by the mayor for an
2 - 27
City of Arden Hills
Chapter 2 Administration
indefinite term.
B. Removal. The person appointed as director of civil defense may be removed from
office by the mayor at any time.
C. Compensation, Expenses. The director of civil defense shall serve without salary,
but shall be paid all his ~fber necessary expenses.
D. General Responsibility. The director of civil defense shall have direct responsibility
for the organization, administration and operation of the civil defense agency, subject to
the direction and control of the mayor.
E. Representation of City on other Organizations. The director, with the consent of the
mayor, shall represent the City on any regional or state organization for civil defense.
F. Execution of Governor's Orders, etc. The director shall carry out all orders, rules
and regulations issued by the governor with reference to civil defense,
G. Coordinate Activities. The director shall direct and coordinate the general operations
of all local civil defense forces during a civil defense emergency in conformity with
controlling regulations and instructions of state civil defense authorities. The heads of
departments and agencies shall be governed by the orders of the director.
2 - 28
'I
I
I
1
I
I
I
l-
I
I
I
I
I
I
~
I
r
1-
~
I
I
I
I
I
I
.
I
I
I
1
1
I
I
City of Arden Hills
Chapter 2 Administration
H. Commandeer Services, Properly. During the fust thirty (30) days ofa civil defense
, emergency, if the legislature is in session or the governor has coupled his or her
declaration of the emergency with a call for a special session of the legislature, the
director may, when necessary to save life or property, require any person, except
members of the federal or state military forces and officers of the state or any other
political subdivision, to perform services for civil defense purposes as he or she directs,
and he or she may commandeer, for the time being, any motor vehicle, tools, appliances
or any other property, subject to the owner's right to just compensation as provided by
law.
1. Annual Report. The director shall, as soon as possible after the end of each fiscal
year, prepare and present to the City Council for the information of the Council and the
public, a comprehensive report of the activities of the civil defense agency during the
year.
J. Studies. The director shall make such studies and surveys of the manpower,
industries, resources, and facilities of the City as he or she deems necessary to determine
their adequacy for civil defense and to plan for their most efficient use in time of a civil
defense emergency.
K. Comprehensive Plan. The director shall prepare a comprehensive general plan for
the civil defense of the City and shall present such plan to the Council for its approval.
2 -29
City of Arden Hills
Chapter 2 Administration
When the Council has approved the plan by resolution, it shall be the duty of all
municipal agencies and all civil defense forces of the City to perform the duties and
functions assigned by the plan as approved. The plan may be modified in like manner
from time to time. The director shall coordinate the civil defense activities of the City
to the end that they shall be consistent and fully integrated with the civil defense plan of
the federal government and the state and correlated with the civil defense plans of other
political subdivisions within the state.
L. Training. In accordance with the State and City Civil Defense Plan, the director
shall institute such training programs and public information programs and shall take all
other preparatory steps, including the partial or full mobilization of civil defense forces
in advance of actual disaster, as may be necessary to the prompt and effective operation
of the City Civil Defense Plan in time of a civil defense emergency. He or she may,
from time to time, conduct such practice air raid alerts or other civil defense exercises
as he or she may deem necessary .
M. Emergency Facilities. Consistent with the Civil Defense Plan, the director shall
provide and equip emergency hospitals, casualty stations, ambulances, canteens,
evacuation centers, and other facilities, or conveyances for the care of injured or
homeless persons.
N. Control Centers. Consistent with the Civil Defense Plan, the director shall provide
2 - 30
'I
I
1
1
1
I
,
I
I
I
I
I
I
I
I'
I'
~
I
1
1
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 2 Administration
and equip at some suitable place in the City a control center and, if required by the state
Civil Defense Plan, an auxiliary control center to be used during a civil defense
emergency as headquarters for direction and coordination of civil defense forces. He or
she shall arrange for representation at the control center by municipal departments and
agencies, public utilities and other agencies authorized by federal or state authority to
carry on civil defense activities during a civil defense emergency. He or she shall arrange
for the installation at the control center of necessary facilities for communication with
and between heads of civil defense divisions, the stations and operating units of
municipal services and other agencies concerned with civil defense and for
communication with other communities and control centers, within the surrounding area
and with federal and state agencies concerned.
Subd. 7 Advisory Committee.
A. Civil Defense Advisory Committee Continued. There is hereby continued within the
City a civil defense agency to be called "the civil defense advisory committee." (Created
by Ord. No. 63, ~ 3(2), 12-27-61)
B. Appointment, Term. Members of the committee shall be appointed by the mayor to
represent departments and other groups concerned with civil defense; Each member shall
hold office at the pleasure of the mayor.
2 - 31
City of Arden Hills
Chapter 2 Administration
C. Compensation. Each member of the advisory committee shall serve without
compensation.
D. Officers. The mayor shall be the chairperson of the committee, and the director shall
serve as its secretary.
E. Advisory Body. The committee shall advise the director and the City Council on all
matters pertaining to civil defense.
Subd. 8 Volunteers.
A. Recruitment. The civil defense director shall, in cooperation with existing City
departments and agencies affected, organize, recruit, and train air raid wardens, auxiliary
police, auxiliary fIrefighters, emergency medical personnel, and other personnel that may
be required on a volunteer basis to carry out the Civil Defense Plans of the City and the
state. To the extent that such emergency personnel are recruited to augment a regular
City department or agency for civil defense emergencies, they shall be assigned to such
departments or agencies as needed for the purposes of administration and command. The
director may dismiss any civil defense volunteer at any time and require him or her to
surrender any equipment and identification furnished by the City.
B. Loyalty. No person shall be employed or associated in any capacity in the civil
2 - 32
.'
'I
I
I
I
I
1
I
I
1
I
I
I
I
I
I
r
~
1
1
1
I
I
I
.
I
I
I
I
I
I
,
1
City of Arden Hills
Chapter 2 Administration
defense agency who advocates or has advocated a change by force or violence in the
constitutional form of government in the United States, or who has been convicted of or
is under indictment or information charging any subversive act against the United States.
Each person who is appointed to serve in the civil defense agency shall, before entering
upon his or her duties, take an oath in writing before a person authorized to administer
oaths in this state, or before any officer of the state department of civil defense, the
director, or ground observer corps supervisor. The oath shall be substantially in the form
prescribed by Minnesota Statutes, Section 12.43.
C. When Subject to Call. Civil defense volunteers shall be called into service only in
case of a civil defense emergency or a natural disaster for which the regular municipal
forces are inadequate, or for necessary training and preparation for such emergencies. .
D. Compensation. All civil defense volunteers shall serve without compensation.
E. Insignia, Identification. Each civil defense volunteer shall be provided with such
suitable insignia or other identification as may be required by the director. Such
identification shall be in a form and style approved by the federal government. No
volunteer shall exercise any authority over the persons or property of others without his
or her identification. No person except an authorized volunteer shall use the identification
of a volunteer or otherwise represent himself or herself to be an authorized volunteer.
2 - 33
City of Arden Hills
Chapter 2 Administration
F. Use of Firearms. No civil defense volunteer shall carry any firearm while on duty
except on written order of the chief of the City's designated law enforcemeilt:providef
.,_. .'" '.... .",., '_ 0' ....,,~_.'.. '.._ . _.;. "'.~.~.'
p61iee dCJlartmerit.
G. Personnel Regulations Not Applicable. Personnel procedures of the City applicable
to regular employees shall not apply to volunteer civil defense workers but shall apply
to paid employees of the civil defense agency.
Subd. 8 Emergency Regulations.
A. Promulgation Authorized. Whenever necessary to meet a civil defense emergency
or to prepare for such an emergency for which adequate regulations have not been
adopted by the governor or the City Council, the mayor may by proclamation promulgate
regulations, consistent with applicable federal or state law or regulation, respecting:
Protection against air raids; the sounding of air raid alarms; the conduct of persons and
the use of property during alarms; the repair, maintenance, and safeguarding of essential
public services; emergency health, fire, and safety regulations, trial drills or practice
periods required for preliminary training; and all other matters which are required to
protect public safety, health, and welfare in civij defense emergencies. No regulation
governing observation of enemy aircraft, air attack, alarms, or illumination during air
attacks shall be adopted or take effect unless approved by the state director of civil
defense.
2 - 34
'I
I
1
1
I
1
.
1
1
1
1
I
1
~
I
"
City of Arden Hills
Chapter 2 Administration
,
B. Issuance; When Effective. Every proclamation of emergency regulations shall be in
writing and signed by the mayor, shall be dated, shall refer to the particular civil defense
emergency to which it pertains, if so limited, and shall be filed in the office of the
Administrator where a copy shall be kept posted and available for public inspection
, during business hours. Notice of the existence of such regulation and its availability for
inspection at the clerk's office shall be conspicuously posted at the front of the City Hall
or other headquarters of the City and at such other places in the affected area as the
mayor shall designate in the proclamation. The regulation shall take effect immediately
upon posting or at such later time as may be specified in the proclamation. By like
proclamation the mayor may modify or rescind any such regulation.
I
I
I
I
I
I
,
I
I
I
I
I
I
C, Expiration. The Council may rescind any emergency regulation by resolution at any
time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30)
days after its effective date or at the end of the civil defense emergency.
D. Conflict. Any provision of this Code or City ordinance, rule or regulation
inconsistent with an emergency regulation promulgated by the mayor shall be suspended
during the period of time and to the extent that such conflict exists.
E. Extraordinary Acts During Emergency. During a civil defense emergency the City
is, notwithstanding any statutory or charter provision to the contrary, empowered,
through its governing body acting within or without the corporate limits of the City, to
2 - 35
I
City of Arden Hills
Chapter 2 Administration
enter into contracts and to incur obligations necessary to combat such disaster by
protecting the health and safety of persons and property, and providing emergency
assistance to the victims of such disaster. The City may exercise such powers in the light
of the exigencies of the disaster without compliance with time-consuming procedures and
formalities prescribed by law pertaining to the performance of public work, entering into
contracts, incurring of obligations, employment of temporary workers, rental' of
equipment, purchase of supplies and materials, limitations upon tax levies, and the
appropriation and expenditure of public funds, for example, but not limited to,
publication of ordinances and resolutions, publication of calls for bids, provisions of civil
service laws and rules, provisions relating to low bids, and requirements for budgets.
Section 240 - Personnel Policies
2401.01 Policies Adopted by Reference. Except as otherwise provided in this Code, or by the
policies themselves, all city employees shall be hired and employed pursuant to all personnel
poliCies adopted by the City Council.
2 - 36
...
:1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J
r:
I'
~
I
I
I
1
I
1
,
I
1
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
Chapter 3 Licenses and Regulations
Section 300 - General
300.01 Purpose. It is the intention of the Council to regulate and license certain types of
businesses, occupations, and activities to the end that the public welfare shall be protected and
promoted. Differentiation in the license fees charged under this Chapter is based upon the
judgment of the Council as to the probable expense involved in policing and inspecting various
businesses. In some cases insurance coverage shall be required, where in the opinion of the
Council a business offers an unusual opportunity for loss or damage.
300.02 License Required. It shall be unlawful for any person to engage in any business,
occupation or activity for which a license fee is imposed by the provisions of this Chapter without
rust obtaining a license so to do.
300.03 Persons Subject to Chapter. Whenever a license is required by this Code for the
maintenance, operation or conduct of any business or establishment, or engaging in any activity
or occupation, any person who by himself or herself or through an agent, employee or partner,
holds himself or herself forth as being engaged in the business, occupation, or activity or solicits
patronage therefor, actively or passively, or performs or attempts to perform any part of such
business, occupation, or activity in the City, shall be subject to the requirements of this Chapter
and shall be responsible for obtaining the required license.
3.- 1
City of Arden Hills
Chapter 3 Licenses and Regulations
300.04 Applications Generally. Unless otherwise specifically provided for, applications for all
licenses required by this Code shall be made in writing to the Administrator. Each application
shall state the name of the applicant, the license desired, the location to be used, if any, the time
covered, and the fee to be paid. Each application shall also contain such additional information
as may be needed for the proper guidance of the City officials in the issuing of the license applied
for.
300.05 Forms. Forms for all licenses, and applications therefor, shall be prepared and kept on
file by the Administrator.
300.06 Liability Insurance.
Subd. 1 When Required. Where specifically required by any other provision of this Code,
no license shall be issued under the provisions of this Chapter unless the applicant shall
furnish proof of the required liability insurance.
Subd. 2 Conditions. The liability insurance policy, or a certificate thereof, shall be filed
with the Administrator and shall be kept in full force and effect during the terms of any
subject license. The policy shall be with an insurance company authorized to do business in
this state; shall show at least the limits required by the appropriate provision of this Code;
and shall also contain a provision that the policy shall not be canceled until after thirty (30)
days' written notice to the City of such intended cancellation, and within such time the
3-2
1
I
I
I
I
I
I
1
1
1
1
1
I
.
I
Chapter 3 Licenses and Regulations
licensee must obtain and file proof of new or substituted coverage as required hereunder, or
the license shall be subject to immediate cancellation.
300.07 Compliance with Law. In addition to the provisions of this Chapter, all licensees shall
conform to and comply with all applicable federal and state laws, rules and regulations and
applicable provisions of this Code.
300.08 Inspections and Investigations. Upon the receipt of an application for a license, where
provisions of this Code necessitate an inspection or investigation before the issuance of the
license, the Administrator shall refer the application to the proper officer for making the
investigation within forty-eight (48) hours of the time of such receipt. The officer charged with
the duty of making the investigation or inspection shall make a report thereon, favorable or
otherwise, within ten (10) days after receiving the application or a copy thereof. The health officer
~: in a later chapter, reference is made to using the county health officer. No other reference
is made to this position. Should this section also refer to the county?) shall make or cause to be
made all inspections in connection with such licenses for the protection of health, the care and
handling of food, the prevention of nuisances and of the spread of disease. The building inspector
shall make or cause to be made any such inspections relative to the constrUction of buildings or
other structures. All other investigations, except where otherwise provided, shall be made by the
chief of the City's designated law enforcement provider pettee or by some other officer designated
by the mayor.
3-3
City of Arden Hills
Chapter 3 Licenses and Regulations
300.09 Duty of Licensees. Whenever inspections of the premises used for or in connection with
the operation of a licensed business or occupation are provided for or required by provisions of
this division, article or Chapter, or are reasonably necessary to secure compliance with any such
provision or to detect violations thereof, it shall be the duty of the licensee, or the person in
charge of the premises to be inspected, to admit to the premise for the purpose of making such
inspection, any officer or employee of the City who is authorized or directed to make such
inspection at any reasonable time that admission is requested. Whenever an analysis of any
commodity or material is reasonably necessary to secure conformance with any provision of this
Code or to detect violations thereof, it shall be the duty of any licensee whose business is
governed by such provision to give to any authorized officer or employee of the municipality
requesting the same sufficient samples of such material or commodity for such analysis upon
request.
300.10 Expiration. Unless otherwise provided by this Code, all annual licenses or annual permit
fees shall expire on the thirty-first day of December of each year.
300.11 Change of Locations of Premises. Except as otherwise specifically provided in this
Code, the location of any licensed business, occupation, or activity may be changed, provided ten
(10) days' notice of the change is given to the Administrator, and provided that the building,
zoning and frontage requirements of this Code are complied with at the new location.
300.12 Posting of Licenses. It shall be the duty of every person conducting a licensed business,
3-4
"'
.
1
1
1
1
1
I
I
I
1
1
1
I
I
.
I
I'
~
1
1
I
1
I
I
,
I
1
1
1
I
1
I
City of Arden Hills
Chapter 3 Licenses and Regulations
occupation, or activity in the City to keep his or her license posted in a prominent place on the
premis,es used for such business, occupation, or activity at all times.
300.13 Suspension, Revocation.
Subd. 1 Authorized. The City Council may suspend for a period not exceeding sixty (60)
days, or revoke any license issued under this Code whenever the licensee, its owner, manager
or employees or agents of the licensee have engaged in any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the license;
B. Conduct adverse to the interests of public health, safety. welfare or morals;
C. Conduct involving moral turpitude;
D. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction;
E. Conviction of an offense which relates to the conduct of the licensed business,
occupation, or activity.
F. Violation of any provision of this Code or any other federal, state or local law , rule
3-5
City of Arden Hills
Chapter 3 Licenses and Regulations
or regulation; or
G. Failure to comply with any of the provisions or conditions of the license, or the
conditions of licensure, or engaging in conduct which would be grounds for denial of an
initial application for licensure.
Subd. 2 Hearing. A licensee or permittee shall be granted a hearing upon at least ten (10)
days' prior written notice before revocation or suspension is ordered, The notice shall state
the time, date and place of the hearing and the nature of the charges against the licensee.
. Section 310 - Fees
310.01 Establishment of Fees by Resolution. License and investigative fees for all licenses
required by the City pursuant to the provisions of this Code and for the following types of licenses
shall be from time to time established in a resolution adopted by the Council:
A. Alcoholic beverage (intoxicating liquor);
B. On-sale wine and combination beer-wine;~: The combination license allows the sale
of strong beer as requested by City)
C. Malt beverage (3.2 beer) n6n int0xiellting li'itl6f (NQk: The term non-intoxicating liquor
3-6
I
I
I
I
I
I
~
I
I
1
1
I
I
I
I
Chapter 3 Licenses and Regulations
City of Arden Hills
,
I
I
I
1
I
I
I
1
1
.
is no longer recognized by Statute);
D. Amusement facility (including bowling alley, arcade, dance hall, movie theater,
pool/billiard tables and/or hall. indoor tennis and/or racquetball and/or squash facility,
skating facility, outdoor tennis facility, driving range, shooting gallery and facilities for
similar functions or activities);
E. Mechanical/electronic recreation devices (including mechanical and coin operated
amusement device, mechanical amusement ride, mechanical musical device and devices of
a similar nature);
F. Bulk storage plant or dealership;
G. Cig!\rette vc:ndin,!!; fl,aehil'le Tobacco Sales~: If the city elects to continue to license
tobacco retailers, vending machines are essentially banned under the new State law but all
other vendors of tobacco must be licensed);
H. Dog kennel operator;
I. Garbage and refuse collector;
J. Heating, ventilating and air conditioning (HV AC) and gas installer;
3-7
City of Arden Hills
Chapter 3 Licenses and Regulations
K. Excavating contractor;~: City asked if this section had been added by the League.
No, it came from the city's original set of ordinances, although it would take some time to
track down the original source. If the city does not issue this license, it can be deleted.)
L. Retail sales vendor or dealer including, but not limited to, antique dealer, boat dealer,
optometrist, laundry, mortuary, video sales and rental dealer, candy vendor, butcher, dry
cleaning establishment, equipment rental dealer, caterer, automobile dealer, and dealers and
vendors selling or renting goods not otherwise listed;
M. Restaurant/cafe/public dining room or eating house;
N. Service station and self service gas/diesel station and convenience store;
Q. Sign/billboard;
P. Taxicab;
Q. Hotel/motel;
R. Grocery, food market or supermarket
S. Drive-through or Drive-in restaurant and fast food restaurant;
3-8
I
--
--
1
I
I
1
1
.-
el
I
I
I
I
I
I
.1
-
I
I
Chapter 3 Licenses and Regulations
T. Rendering plant; and
U. Charitable gambling and Bingo;
V. Massage, Rap, and Sauna Parlors.
~: City asked what happened to the provisions on beauty shops, soft drinks, whole-sale foods
sales, miscellaneous sales and vending, car washes, and veterinary clinics. It does not appear that
the League ever received any ordinances regulating these areas, or at least ones that were still
valid under state law. Soft-drink and whole-sale food vendors are generally licensed by the State,
although the city may be able to regulate limited aspects of these businesses. The same would
apply to veterinary clinics. General business licenses as implied by the phrase" general sales and
vending" are not recommended as they pose several constirutional challenges. Car washes could"
be regulated. It may be that the city's concerns over these businesses could best be addressed
through zoning regulations. Please advise as to how the city would like to handle these topics.
310.02 Payment Required. The license fees established in the resolution adopted by the Council,
as provided in Section 310.01 of this Code, shall be charged and collected annually, unless
another or different term is stated in the resolution, before any license shall be issued under the
provisions of this Chapter or any other provision of this Code.
319.93 Pr6yating Fee3. LX"!,! A3 et.fie:rYioi3c proyided, and 3\1bje.~t t6 the miWftMfi... fte3
e:J!l\bli:Jh~d, by !hi, Chapter, all fee3 :Jhall be iJ,u~d en a ealemlar year ba,j, and all Fee3, except
3-9
City of Arden Hills
Chapter 3 Licenses and Regulations
fees for IIVAC ana gas installers and exell',lIting and eomtruetiem 8r building e6ntraet6rs, 3hall
be preratcd, en the bash ef the p8rtiel'l e,f the ealenaar ) ear remaining after the date of iSStlllfiee
elf the lieeme. In ea3e3 ef a fraetieHal m6nth, sixteen (16) days et mere shall be eemide:ree te be
a n.enth fer the: purpeseJ 6f this Chapter. Ul'en the expiratien 8f exi3ting lieenses grllnted on
er:ftel than a ealendar year ba3is, !:he lieense Jhall be fCne.,\ed fer tlIe balaHee ef the calendar )'ear
eflly, lmt in such ease:J the: ll'lifMutlll'l f-eeJ e:JtllbliJhed hereunder shall nl3t lIppl) .
319.94 MiniJllwn Fee3. Subjeet te the indi (idtllll feeJ eJtabli3hee in the reJelutien freffi time to
time adopted b) the C01:meil, as pro'deed in Seetien 310.01 ab/we, linG strbjeet to the exuptiens
listed in Seetia1l310.02,,1Ill} lieellses granl:Ca UnGel this Ceae Jhall be baJed upon the falle"i:ng
n,irumum f-ee:3 with !:he "alLrt:lal bllsie fee" being the lieenJe: fee irflt'Jeseel in 311id reseltltien.
AllfiUal Basic ree
Minimum ree
UneCf $9,99 ,..,..,......... $2.00
$10.00 $19.99 . . . . . . . . . . . . . ,. $3.00
$20.00 $39.99 . . . . . . . , . . . . . .. $4.09
o ,e:r $40.00 ............,... $6.00
310.03 Penalties for Late Payment. In the event of late payment of license fees established in
the resolution from time to time adopted by the Council, as provided in Section 310.01, a penalty
shall be imposed on the basis of the following schedule, with the "annual basic fee" being the
3 - 10
I
1
I
I
I
1
-:
I
I
I
I
I
I
~
f
~
I
I
I
I
I
I
I
I
I
I
1
I
1
I
City of Arden Hills
Chapter 3 Licenses and Regulations
license fee established in the resolution:
Annual Basic Fee
Penalty
Up to $10.00 . . . . . . . . . . . . . . . . $2.00
$10.00-$50.00 . . . . . . . . . . . . . . . $4.00
Over $50.00 ....,... 10 percent of fee
NoR: It would be possible to provide for the penalty in the fee schedule adopted by reference
instead of listing specific dollar amounts here.
Section 320 - Limited, Temporary Permits
320.01 Required. Before any person shall engage in or operate any business, occupation or
activity within the City which shall be for a limited time period or of a temporary nature as
mentioned and provided for in this Section, he or she shall first obtain a permit therefor.
320.02 Application. Any person desiring a permit required by the provisions of this Section shall
make application therefor to the Administrator.
320.03 Waiver of Fees. Fees required for permits under the provisions of this Section may be
waived by the Council for schools, nonprofit organizations, governmental agencies, and similar
3 -11
City of Arden Hills
Chapter 3 Licenses and Regulations
institutions or organizations, provided it first adopts a resolution setting forth the reasons for such
waiver.
320.04 Issuance. Permits required by the provisions of this Section shall be issued upon payment
of such fee as is required for the particular business, occupation, or activity in the resolution from
time to time adopted by the Council, and approval as provided by this Section.
320.05 Duration. Permits issued under the provisions of this Section shall be valid for the period
of time stated in the permit.
320.06 Additional Regulations. The City Council may impose additional regulations governing
any permit required by the provisions of this Section as it may determine to be in the public
interest.
320.07 Cancellation. Any permit issued under the provisions of this Section may be canceled
by the City Council if such cancellation is determined to be in the public interest.
320.08 Permit Fees Established by Resolution. The permit fees for a permit to engage in the
following types of business, occupations, and activities shall be as established from time to time
in a resolution adopted by the Council:
A. Christmas tree sales;
3 -12
".
I
I
I
1
1
I
I
I
I
I
1
1
-
I
I
I
t
I
I
I
,
I
I
I
I
I
I
I
Chapter 3 Licenses and Regulations
B. Circuses and carnivals;
C. Commercial advertising distribution;
D. Flea markets and commercial sidewalk sales;
E. Group picnics and camping; and
F. Itine:rant venders Peddlers, Solicitors, and Transient MerchantS.
320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The
activities for which permit fees shall not be required, but nevertheless a permit shall be required,
are as follows:
A, Installation or construction of courtesy benches and shelters;
B. Purchase of fireworks and operation of fireworks display or program;
C. Boutique or garage sale; ~: This section was originally going to be deleted as City
had indicated no licenses were issued for these types of sales, but City now indicates that such
licenses are required and issued.
3 - 13
City of Arden Hills
Chapter 3 Licenses and Regulations
D. Newspaper distribution locations; and
E. Casual roadside stand on owner's property. I"fu1e.:. City indicated that this is intended to
regulate com and vegetable sales in the falL Under the State constitution, a city cannot
require a person to obtain a license for such sales, but as indicated earlier, such sales can be
regulated by zoning. City indicated that this is being done and that proof of property owner
permission is required. It may be best to delete this provision and reference the need for
proof of permission in another location.
320.10 Approval. Approval of an application for a permit to engage in the following type of
activity shall be granted by the body, department or officer of the City indicated across therefrom
in the following schedule:
Activity
Approving Body,
Department
or Officer
Circuses and carnivals
City Council
Commercial advertising distribution
reliee e~partment City's designated law enforcement
provider and Administrator
Installation or construction of
reliee depa!"tll'lefil City~s designated law enforcement
provider and
courtesy benches or shelters
Administrator (if such a bench or shelter is to abut
a county road,coulitypermission must also be
3 - 14
I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
.
r
,
I
1
I
I
1
I
I
1
1
1
1
I
I
City of Arden Hills
Fireworks purchase/display
Flea markets/commercial
sidewalk sales
Boutique/garage sale at
private home
Group picnics/camping
Itintrllllt \enders Peddlers. Solicitors,
and Transient Merchants
Newspaper distribution locations
Roadside stands
Chapter 3 Licenses and Regulations
obtained,)
City Council
City Council
Polite dq;artmellt City's designated law enforcement
provider and
Administrator
Park director and
Administrator
City Administrator Cel:l!leil
Police aepanmel'lt City's designated law enforcement
provider and
Administrator
Administrator
320.11 Limit on Duration and Occasion of Garage Sales. Each boutique or garage sale at a
private home shall be limited to three (3) days or less in duration, and no more than two (2) such
sales shall be permitted to anyone homeowner per year.
3 - 15
I
I
I
I
1
,
1
I
I
I
1
1
I
Chapter 3 Licenses and Regulations
Section 330 - Licensed Businesses, Occupations, and Activities
330.01 Amusement Facilities.
Subd. 1 Driving Ranges.
A. Proximity of Driving Tees to Buildings; Direction of Tees. No license for a public
driving tee shall be granted unless the distance from the place of driving to the nearest
building or road in the direction in which the balls shall be driven is nine hundred (900)
feet or more. Such tees shall be so designed as to permit driving of golf balls in one (1)
general direction, which direction shall be away from the nearest public road.
B. Illumination. The public driving tee shall be so lighted as to effectively illuminate all
entrances and exits, and lights used upon the premises shall be placed in such a manner
as not to shine upon or unreasonably interfere with surrounding property.
C. Hours Operation Prohibited. In no event shall public driving tees operate between the
hours of 1:00 a.m. and 8:00 a.m.
Subd. 2 Coin-Operated Amusement Devices.
I. Coin-Operated Amusement Devices.
3 - 16
City of Arden Hills
Chapter 3 Licenses and Regulations
A. Definition "Coin-Operated Amusement Device." The term coin-operated
amusement device or device as used herein means a mechanical amusement device of
any of the following types:
1. A machine or contrivance, including a pinball machine; a mechanical
miniature pool table, bowling machine, shuffle board, electric rifle or gun range;
a miniature and mechanical device and game or other amusement patterned after
baseball, basketball, hockey or similar games; a video or computerized game; or
a game which may be played solely for amusement and not as a gambling device,
which machine or contrivance is played by the insertion of a coin, slug or other
token, or at a fee fixed and charged by the establishment in which such machine
or contrivance is located and which contains no automatic payoff features for the
return of money, coins, merchandise, checks, tokens or any other thing or item
of value; provided, however, that such machine or contrivance may be equipped
to permit a free play or game; or
2. An amusement device designed for and used exclusively as a ride by children
such as, but not limited to, a kiddie car, miniature airplane ride, mechanical
horse, or other miniature mechanical device, not operated as part of or in con-
nection with any carnival, circus, show, or other entertainment or exhibition.
B. License Required. No person shall keep, operate, maintain or permit to be
3 - 17
-1
~
1
1
1
I
I
"I
.
I
I
I
I
I
I
_I
~
r
r
~
1
I
1
I
I
I
I
I
1
1
1
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
operated or maintained upon premises within his or her direct or indirect control any
coin-operated amusement device without having first procured a coin-operated
amusement device license.
C. Required Information in Application. The application for a coin-operated
amusement device license shall include not only the information required by Section
300.04 of this Code, but also the following additional information:
1. The name and address of all persons owning or having an interest in the
business which keeps, operates, or maintains the coin-operated amusement
devices requiring a license and, in the case of a corporation, the names and
addresses of the officers and directors of the corporation and all shareholders who
have a beneficial interest in five (5) percent or more of the issued shares of the
corporation's stock;
2. Whether any of the persons whose names appear on the application have ever
been engaged in the business of operating coin-operated amusement devices
anywhere during the last five (5) years and, if so, where;
3. Whether any of the persons whose names appear on the application have been
convicted of a crime or have had an application for a coin-operated amusement
device license denied, revoked or suspended within the last five (5) years and, if
3 - 18
City of Arden Hills
Chapter 3 Licenses and Regulations
so, the date and place of the conviction or denial, revocation or suspension, and
a statement of the crime or the reason for such denial, revocation or suspension;
and
4. A statement that the applicant, or all principal officers, directors and
shareholders of a corporate applicant, and managers of the licensed activity, if
requested by the Administrator, will pennit a record of his/her/their fingerprints
to be made by the reliee aeparum:nt City's des1gllll@law enforcement provider
for the purpose of additional investigation to determine whether or not the
application should be issued or the license denied, suspended or revoked.
D. License Fee. As provided in Section 310.01 of this Code, the fee for a
coin-operated amusement device license shall be established in a resolution adopted
by the Council.
E. Issuance of License; Investigation 5) reliee. A license to operate a coin-operated
amusement device shall be issued by the Administrator. If requested by the
Administrator, however, the police derartfne.nt 8f tile City City's designated law
enforcementpro'vider shall investigate any application and shall submit a
M'''' ....,.,....,....,_..___,._.,... . '''''''0'''.''''''''0''
recommendation to the Administrator prior to issuance or denial of the license as
provided in Section 300.08 of this Code.
3 -19
1
I
I
I
I
I
.-
II
I
I
I
I
I
I
~
I
f'
r
~
I
1
1
I
I
I
.
I
1
I
1
1
1
I
City of Arden Hills
Chapter 3 Licenses and Regulations
F. 'Ineligibility for License. Existence of any of the following conditions shall render
the applicant ineligible for a license unless the Council determines that the applicant
has shown sufficient extenuating circumstances to warrant the issuance of a license
regardless of such existence:
1. If the applicant, or the manager of the licensed business, is:
a. Under eighteen (18) years of age, or
b. An illegal alien, or
2. If the applicant, manager or person owning the licensed activity:
a. Is not a person of good moral character and repute, or
b. Has been convicted of an offense which relates to the conduct of the
licensed business, or
c. Has been denied a license to conduct a similar activity or has had such
license suspended, revoked or canceled.
The foregoing shall not be the only grounds, however, for denial of the license.
3 - 20
City of Arden Hills
Chapter 3 Licenses and Regulations
G. Insurance. If the coin-operated amusement device is one of the types described
in Subpart A of this Subsection the applicant shall also submit along with his or her
application a policy of liability insurance applicable to death or injury caused by the
operation of the licensed device in such amounts and containing such coverages as the
Administrator reasonably requires. Nilll:: This section does not need to be more
specific, however, I would check with you insurance agent to obtain the most current
information on the exact type and amounts of insurance the Administrator should be
requ iring.
H. Display of License. The license for the aggregate of coin-operated amusement
devices licensed hereunder shall be posted in a conspicuous place on the premises
under the direct or indirect control of the licensee. upon which they are located, as
required by Section 300.12 of this Code.
1. Truants; Hours of Operation by Minors. No truant from school shall operate a
coin-operated amusement device, and no minor under the age of sixteen (16) years
shall operate such device on any night of the week after the hour of 9:30 p.m., unless
he or she is accompanied by a parent or guardian. No person in charge of the
premises where the device is located shall permit it to be played or used in violation
of the provisions of this Section.
1. Partial Exclusion for Liquor Licensees. No person or entity licensed to sell
3 - 21
".
I
I
I
I
I
I
I
I
1
1
1
I
I
I
1_ City of Arden Hills
,
I
1
I
1
1
1
f
I
I
I
I
1
I
Chapter 3 Licenses and Regulations
intoxicating liquor at retail shall be subject to comply with the provisions of Subpart
C, F, G, or all of E except the first sentence thereof. Subparts A, B, D, H, J, and
K and the first sentence of E shall, however, be applicable to such licensee.
K_ Certain Devices Not Regulated. Nothing in this Section of the Arden Hills Code
shall be held to apply to any coin-operated amusement device held or kept for sale or
storage and which is not acmally in use or displayed for use.
II. Amusement Arcades.
A. Definitions. For purposes of this division the terms defmed below shall have the
meaning given them:
1. The term "coin-operated amusement device" or "device" shall mean the type
of mechanical amusement device which is described in Part IA. of this
Subsection.
2. The term "amusement arcade", shall mean any building, structure or tract of
land, or any portion thereof, which is devoted primarily to the operation of four
(4) or more coin-operated amusement devices and is open for public use and
participation.
I
3 - 22
City of Arden Hills
Chapter 3 Licenses and Regulations
B. License Required. No person shall own, operate or permit the operation of an
amusement arcade on premises owned, leased or operated by him or her or engage in
the business of operating an amusement arcade in the City unless he or she shall have
first obtained a license therefor.
C. Required Information in Application. The application for an amusement arcade
license shall include not only the information required by Section 300.04 of this Code
but also the following additional information:
1. The name and address of all persons owning or having an interest in the
business which keeps, operates, or maintains the coin-operated amusement
devices requiring a license pursuant to Section 4-5 hereof and, in the case of a
corporation, the names and addresses of the officers and directors of the
corporation and all shareholders who have a beneficial interest in five (5) percent
or more of the issued shares of the corporation's stock;
2. Name and address of the manager, or managers, who will supervise the
licensed operation or activity;
3. Whether any of the persons whose names appear on the application have ever
been engaged in the business of operating an amusement arcade anywhere during
the last five (5) years and, if so, where;
3 - 23
1
I
1
1
1
I
I
I
I
I
I
I
I
I
<<
I
r
I'
~
1
I
I
1
1
1
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
4. Whether any of the persons whose names appear on the application have been
convicted of a crime or have had an application for an amusement arcade license
denied, revoked or suspended within the last five (5) years and, if so, the date
and place of the conviction or denial, revocation or suspension and a statement
of the crime or the reason for such denial, revocation or suspension; and
5. A statement that the applicant, or all principal officers, directors and
shareholders of a corporate applicant, and managers of the licensed activity, if
requested by the Administrator, will pennit a record of hislher/their fingerprints
to be made by the police: dcpllflment City'sdesignated law emorcement provider
for the purpose of additional investigation to determine whether or not the
application should be issued or the license denied, suspended or revoked.
D. License Fees. As provided in Section 310.01 of this Code, the fee for an
amusement arcade license shall be established in a resolution adopted by the Council.
E. Granting of Licenses.
I. Referral, Investigation and Reports. Any application for a license subject to
this Section shall be referred to the peiiee chief of the City';tli~sjgnatel:Llaw
enforcement provider and to such other persons on the City's staff as the City
Council shall deem necessary. The City official to whom the application has been
3 - 24
City of Arden Hills
Chapter 3 Licenses and Regulations
referred shall investigate the location wherein the applicant is proposing to
operate the amusement arcade; shall ascertain if the applicant, or the manager of
the licensed business, is under eighteen (18) years of age, an alien, or a foreign
corporation; and shall ascertain whether the applicant, manager or person owning
the proposed licensed activity is of good moral character and repute, has not been
convicted of an offense which relates to the conduct of the licensed business, has
operated a similar business elsewhere which was not violative of the provisions
of this Section, and has never been denied a license to conduct a like or similar
activity or had such a license suspended, revoked or canceled. The chief and any
other City official to whom the application has been referred shall recommend
approval Or disapproval of the application within the time limits set forth in
Section 300.08 of this Code.
2. Notice of Public Hearing. Upon receipt of the written reports and
recommendations of the peHee chief of City's designated law enforcement
. .,' ..
provider, Administrator and any other officials to whom the application has been
referred, the Administrator shall cause to be published in the legal newspaper of
the City, at least ten (10) days in advance, a notice of public hearing to be held
by the City Council setting forth the day, time and place when the hearing will
be held, the name of the applicant, and the location where the business is
proposed to be conducted.
3 - 25
1
I
I
I
I
I
I
I
I
I
1
1
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
3. Hearing, Decision and Conditions. The application, together with the
recommendations of the peHee chief of the City's designated law enforcement
provider, Administrator and other officials to whom the application has been
referred, shall be submitted to the City Council at the hearing. After the hearing, '
the Council may grant or deny the license. In granting the license, the Council
may impose special conditions if it deems such conditions to be necessary because
of particular circumstances relative to the application.
I
I
I
I
I
I
I
I
I
I
I
I
F. Ineligibility for License. Existence of any of the following conditions shall render
the applicant ineligible for a license unless the Council determines that the applicant
has shown sufficient extenuating circumstances to warrant the issuance of a license
regardless of such existence:
1. If the applicant, or the manager of the licensed business, is:
~
a. Under eighteen (18) years of age, or
2. If the applicant, manager or person owning the licensed activity:
a. Is not a person of good moral character and repute, or
I
3 - 26
City of Arden Hills
Chapter 3 Licenses and Regulations
b. Has been convicted of an offense which relates to the conduct of the
licensed business, or
c. Has been denied a license to conduct a similar activity or has had such
license suspended, revoked or canceled.
The foregoing shall not be the only grounds, however, for denial of the license.
G. Insurance. If the coin-operated amusement devices to be operated in the
amusement arcade are of the type described in Subdivision 2, Part I. A. 2. of this
Subsection, the applicant shall also submit along with his or her application a policy
of liability insurance applicable to death or injury caused by the operation of the
licensed devices in such amounts and coverages as are prescribed by the City
Administrator C611neil.
H. Conditions of Licensure. The following conditions shall govern the issuance and
holding of all amusement arcade licenses granted pursuant to this Section.
1. Order. It shall be the responsibility of the licensee to maintain order on the
premises of the amusement arcade, and in and upon any parking lot appurtenant
thereto, and adjacent premises, at all times.
3 - 27
1
II
--
I
I
I
I
I
;
I
I
I
I
I
I
-
~
I
Chapter 3 Licenses and Regulations
2. Consumption of Alcoholic Beverages Prohibited. The consumption of
alcoholic beverages, whether classified as intoxicating or 3.2 malt liquor (beer)
nemintexieatiJ,g, or the use of any controlled substance shall not be permitted on
any part of the premises of the amusement arcade, except that alcoholic beverages
may be served in appropriate sections of bowling alleys as authorized by law.
3. Hours of Operation. On all Saturdays of the year, and on weekdays from and
including June 1st through August 31st, an amusement arcade shall be open only
between the hours of 8:00 a.m. and 12:00 midnight. On all Sundays of the year,
and on weekdays from and including September 1st through May 31st, an
amusement arcade shall be open only between the hours of 3:00 p.m. and 11:00
p.m. ~: The city can lawfully restrict hours of operation provided that the
hours are designed to prevent a perceived problem or nuisance. The 3 :00 - 11:00
restriction could be subject to challenge as being unreasonably restrictive,
particularly on Sundays, but it may be possible to show just cause on school days,
If the city has no particular reason for regulating the hours, this section should
be removed or modified.
4. Supervision. The licensee shall provide a full-time manager of at least
eighteen (18) years of age upon the premises of the amusement arcade during all
hours in which it is open for business.
3 - 28
I
City of Arden Hills
Chapter 3 Licenses and Regulations
5. Entrance of Truants and Minors Prohibited under Certain Circumstances. No
truant from school shall be permitted to enter or remain on any part of the
premises of the amusement arcade. No minor under the age of sixteen (16) years
shall be permitted to enter or remain upon the premises of the amusement arcade
any night of the week after the hour of ~ 10:00 p.m., unless accompanied by
his or her parent or guardian.
6. Compliance with Laws. The premises of the amusement arcade, and the
licensee, shall fully comply with all applicable state, federal and local regulations
whatsoever dealing with the operation of the licensed business or activity.
7. Fire Hazards. It shall be the responsibility of the licensee, or his or her
manager, to see that the premises of the amusement arcade do not become
overcrowded so as to constitute a hazard to the health or safety of the persons
therein.
8. Exits/entrances. The premises of the amusement arcade shall have adequate
entrances and exits at the front and rear thereof but may have no entrances to or
exits from adjoining buildings.
9. Smoking Prohibited The smoking of tobacco or any other product in an
amusement arcade shall be prohibited. The licensee shall be responsible to ensure
3 - 29
-_I
I
I
I
I
I
_I
.
I
I
I
I
I
I
el
',~
r
r
~
1
I
I
I
1
I
.
I
I
I
I
I
1
City or Arden Hills
Chapter 3 Licenses and Regulations
that this restriction is complied with. Tobacco products shall not be sold
anywhere upon the premises of the amusement arcade. Nllit: City inquired
about the legality of this subpart. Prohibiting the sale of tobacco on such
premises should not pose a problem. Prohibiting smoking in such establishments
could be defensible under some recent court trends around the country, but the
city would need to show the reason for the ban is to protect minors from having
access to, and exposure to tobacco products. What is the current actual practice
in the City?
10. Illumination. The interior of the amusement arcade shall be so illuminated
as to ensure proper and complete observation of patrons at all times. The building
inspector shall recommend standards for lighting levels to carry out the intent of
this Subsection.
11. Posting. In a conspicuous place somewhere on the premises of the
amusement arcade shall be posted the amusement arcade license as required by
this Chaptc:r.
1. Partial Exclusion of Liquor Licensees. No person or entity licensed to sell
intoxicating liquor at retail shall be subject to the provisions or Subparts A through
H of Part II of this Subdivision, with the exception of Subpart H (5) to which any
such licensee shall be subject; provided, however, the term "premises of the
3 - 30
I
City of Arden Hills
Chapter 3 Licenses and Regulations
amusement arcade," used therein, shall be deemed to mean. in the case of the liquor
licensee, the licensed premises thereof.
330.02 Gambling De',jees.
N21e.: City indicated that it is not sure all provisions have been submitted for inclusion in this
Section. Please review this Section carefully against current practices so that final changes can be
made and checked against State law requirements. Some changes have been made in the use of
terms to make this section consistent with Chapter 349 of the State statutes.
Subd. 1 Definitions.
A. Gambling De\'iee Equipment. The term "gambling equipment" as used in this Section
means those devices known as bingo cards, bingo numbers, paddle wheels, tipboards,
pull-tabs (or ticket jars) or apparatus used in conducting bingo and other gambling games
as those various devices are described and defined in Chapter 349 of Minnesota Statutes,
as amended.
B. Trade Area. "Trade Area" shall mean the corporate boundaries of the City and each
city immediately contiguous to the City.
Subd. 2 Incorporation by Reference. Unless the provisions of this Section of the City Code
are inconsistent with the provisions of State law, in which case those provisions shall control,
3 - 31
I
1
1
I
I
I
I
I
I
I
I
I
I
I
r
I
~
I
1
1
I
I
I
I
I
I
I
I
I
1
I
City of Arden Hills
Chapter 3 Licenses and Regulations
all the terms, provisions and subdivisions of Chapter 349 of Minnesota Statutes, as
arnended-which regulate and provide for the licensing' of the operation of gambling
devices-are hereby adopted and incorporated in this Section by reference.
Subd.3 License or Permit Required. No person shall keep, operate, maintain or permit to
be operated or maintained upon premises within his or her direct or indirect control any
gambling equipment without having first procured a gambling deyiee license from the State,
and as approved by the City, or in the case of operations exempt from licensing by State law,
without a permit issued by the City.
Subd. 4 Permit Fee. As provided in Section 310.01 of this Code, the fee for various types
of gambling device permits shall be established in a resolution from time to time adopted by
the Council.
Subd. 5 Application. Applications for City approval or a permit shall be submitted to the City
Administrator at least sixty (60) days before the proposed effective date of the permit. Criteria
for the issuance of premises permits shall be adopted from time to time by Council resolution.
Subd. 6 Approval of License or Issuance of Permit. No permit to operate a gambling
operation, or approval of a State license, shall be issued by the Administrator earlier than
fifteen (15) days after the application has been submitted. If requested by the Administrator,
however, the pel ice depal'tm:eflt ef the City ~!:.Pit}"~c:l,esigiJ.iIted law enforcement provider
3 - 32
City of Arden Hills
Chapter 3 Licenses and Regulations
shall investigate any application and shall submit a recommendation to the Administrator prior
to issuance or denial of the permit or license approval.
Subd. 7 Investigation Fee. Applicants shall pay the City a non-refundable investigation fee
of ene hlJfidred d51lar3 ($100.00j as from time to time set by council resolution when
submitting the application for the permit or license authorization.
Subd. 8 Unauthorized Gambling Prohibited. No person shall conduct lawful gambling
within the City unless such activity is in compliance with the provisions of the Minnesota
Lawful Gambling Act and this Section. If the provisions of the Minnesota Lawful Gambling
Act and this Section are inconsistent, the more restrictive provisions shall apply.
Subd. 9 Local Gambling Ta.'I:. Iffeetive JanlJar) 1, 1991, there shall The counicl may;:
p'u~suant to State law, be imposed a local gambling tax on all organizations licensed to conduct
lawful gambling within the City. The tax shall be set by the City Council but shall not exceed
three (3) percent of the organization's gross profit from gambling activities within the City.
Proceeds of the tax shall only be used for the purpose of regulating all gambling activities
within the City, including but not limited to the reimbursement of the City's administrative,
legal and consulting costs.
Subd. 10 Financial Reports.
3 - 33
1
I
I
1
I
I
~
I
I
I
I
I
I
-
I
t
I'
~
I'
I
I
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
A. Any organization applying for a renewal permit which shall be effective after January
1, 1991, shall provide the City with certified copies of the following documents:
1. The prior year's income and loss statement which clearly indicates the
organization's gross receipts from lawful gambling activities within the City and total
prizes actually paid out for lawful gambling activities within the City.
2. A statement of the organization's treasurer projecting the organization's gross
receipts and total prizes for lawful gambling activities to be conducted in the City
during the year in which the permit renewal will be effective.
B. Any organization applying for a new permit which will be effective after January 1,
1991, shall provide the City with a certified statement containing the organization's projec-
tion of gross receipts and total prizes for all lawful gambling activities to be conducted in
the City during the year in which the permit will be effective. .
Subd. 11 Lawful Gambling Fund. All organizations permitted to conduct lawful gambling
within the City shall contribute ten (10) percent of their net profits derived from lawful
gambling activities within the City to a special fund to be administered by the City Council for
lawful purposes. Payments to the fund shall be calculated for quarterly periods ending on the
last days of March, June, September and December of each year. Quarterly installment
payments shall be submitted together with verifiable supporting documentation, not later than
3 - 34
City of Arden Hills
Chapter 3 Licenses and Regulations
the twentieth day of the month following the end of the quarterly period.
Subd. 12 Trade Area Restriction. An organization authorized and permitted to conduct
lawful gambling within the City shall expend fifty (50) percent of its net profit on lawful
purposes conducted or located within the trade area.
Subd. 13 Location of Lawful Gambling Operations. No gambling operation shall be
maintained except on the premises listed in the license. The listed location shall comply with
all State regulations and city zoning regulations.
Subd. 14 Number of Licenses Authorized. No more than nine (9) lawful gambling licenses
or permits of all classes shall be issued and outstanding at the same time.
Subd. 15 Restriction on Number of Bingo Occasions. No more than four (4) bingo
occasions each week may be conducted by a licensed organization, A bingo occasion may not
continue for more than four (4) consecutive hours. A person or corporation, other than an
"
organization which leases any premises that it owns to two (2) or more organizations for
purposes including the conduct of bingo occasions, may not allow more than eighteen (18)
bingo occasions to be conducted on the premises in any week.
Subd. 16 Reports.
3 - 35
'I
I
I
I
I
1
&
I
I
I
I
I
1
1
I
f
1-
.,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
A. All authorized and permitted organizations shall submit to the City Administrator a
copy of any reports it is required to make or has made to the board. Any applicant for a
license or renewal of a license shall submit a copy of its application to the City
Administrator.
B. On or before February first of each year, organizations licensed or permitted to
conduct lawful gambling within the City shall submit a report to the City Administrator
indicating how the net profits derived from lawful gambling activities conducted by the
organization have been spent for lawful purposes and such other reports as may be
required from time to time by Council resolution.
Subd. 17 Inspection of Premises and Records. The City Administrator, City attorney, City
law enforcement officers, City official and/or City employee having a duty to perform with
reference to this Section or lawful gambling activities may inspect and examine the records
concerning lawful gambling activities of any organization upon twenty-four (24) hours' advance
notice and may inspect the premises upon which the organization is conducting lawful gambling
activities at all reasonable times without advance notice. It shall be a misdemeanor to falsify
any reports required to be submitted pursuant to this Section.
Subd. 18 Age Limit. No person under the age of eighteen (18) shall be permitted to engage
in any lawful gambling activity including bingo and raffles. No permitted organization shall
allow any person under the age of eighteen (18) to engage in any lawful gambling activity
3 - 36
City of Arden Hills
Chapter 3 Licenses and Regulations
including Bingo and raffles.
330.03 Massage, Rap and Sauna Parlors.
Subd, 1 Statement of Policy. The City Council finds that sauna, rap and massage parlor
enterprises are susceptible of operation in a manner which contravenes, subverts or endangers
the morals of the community and thus require close inspection, regulation and licensing by the
City. Such enterprises also have the potential of being places where disease may be transmitted.
Accordingly. the City Council deems it necessary to provide for the special regulation of such
enterprises in order to protect the public health, safety and welfare and to guard against the
inception and transmission of disease,
Subd. 2 Definitions. As used in this Chapter, the terms defmed in this Section shall have the
meanings ascribed to them unless the context requires a different meaning.
A. Massage. "Massage" shall mean the rubbing, stroking, kneading, tapping or rolling
of the body with the hands or other devices or implements, for the exclusive purpose of
relaxation, physical fitness or beautification, and for no other purposes.
B. Massage Parlor. "Massage Parlor" shall mean any room or rooms where any person
for a fee may receive from another person a massage, or any room or rooms from which
3 - 37
'I
I
1
I
I
I
&
I
I
J
I
1
I
,
r
r
;t
I
I
I
I
I
I
I
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
a masseur or masseuse is dispatched by telephone or otherwise, for the purpose of giving
a massage.
C. Masseur. "Masseur" shall mean a male person who practices massage.
D. Masseuse. "Masseuse" shall mean a female person who practices massage.
E. Operate. "Operate" shall mean to own, manage, administer or conduct.
F. Person. "Person" shall mean any individual, corporation, partnership, association,
organization, proprietorship, firm or association.
G. Rap. "Rap" shall mean the service of engaging in or listening to conversation, talk or
discussion between an employee of the establishment offering such services and a customer
thereof, for a fee.
H. Rap Parlor. "Rap Parlor" shall mean an establishment advertising, offering, selling
or performing rap to or for members of the public or a private club, regardless of whether
other goods or services are also simultaneously advertised, offered, sold or performed, and
regardless of whether those other goods or services are also required to be licensed,
I.
Sanitary. "Sanitary" shall mean free from the vegetative cells of pathogenic
3 - 38
City of Arden Hills
Chapter 3 Licenses and Regulations
microorganisms.
J. Sauna. "Sauna" shall mean and includes a steam bath or heat bathing room used for the
purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent.
K. Sauna Parlor. "Sauna Parlor" shall means an establishment advertising, offering, or
selling sauna to or for members of the public or a private club for a fee, regardless of
whether other goods or services are also simultaneously advertised, offered or sold, and
regardless of whether those other goods or services are also required to be licensed.
Subd. 3 Licenses Required.
A. Business License. No person shall operate, directly or indirectly, upon any pretense
or by any device within the City any sauna, rap or massage parlor, for which any charge
or fee is made or any money or thing of value is solicited or received, without being
licensed therefor by the City pursuant to the provisions of this Chapter. A license must be
obtained for the place of business at which the sauna, rap or massage parlor business is
to be operated. A license is not transferable to any other person or premises. Because
regulation of such enterprises will require intensive efforts by the peliee dep...t:..;l<.nt City's.
desig!latedjawenforcement prClvider and other departments of the City and, as a
consequence, the concentrated use of City services will detract from and reduce the level
3 - 39
1
I
I
I
I
I
&
I
I
I
I
I
I
I
t
I"
,
I
I
I
I
I
I
I
I
I
I
I
I
1
City of Arden Hills
Chapter 3 Licenses and Regulations
of service available to the rest of the community, thereby diminishing the ability of the
City to promote the general health, safety and welfare of the community as a whole, the
City Council hereby determines that only two (2) licenses for the operation of a sauna, rap
or massage parlor, or any combination thereof, shall be in force at anyone time.
B. Personal Service License. No masseur nor masseuse shall perform or administer mas-
sages unless he or she has a valid permit issued pursuant to the provisions of this Chapter,
Personal service licenses issued to masseurs or masseuses under this Section shall not be
transferable.
C. Exceptions.
1. Incidental Massage. The practice of massage is hereby declared to be distinct from
the practice of medicine, surgery, osteopathic, chiropractic, physical therapy or
podiatry and persons duly licensed in this state to practice such disciplines, nurses
who work solely under the direction of any such persons, and establishments at which
such disciplines are practiced are hereby expressly excluded from the provisions of
this Section. Massages performed incidental to athletic or physical training programs
operated by athletic clubs, sports and health clubs, public or private educational
institutions, or athletic teams, or given by manicurists, beauty culturists, hairdressers
or barbers incidental to the beautification services customarily and primarily provided
by them, and the shops, places, establishments or locations at which such incidental
I
3 -40
City of Arden Hills
Chapter 3 Licenses and Regulations
massages are provided, shall likewise be exempt from the provisions of this Section.
3. Massage or Sauna Parlors Operated by Certain Non-Profit Corporations or
Associations. Any massage or sauna parlor operated by a non-profit corporation or
association shall be exempt from the provisions of this Section; provided, however,
that such corporation or association is duly organized under the laws of the State of
Minnesota for civic, fraternal, charitable, social or business purposes; has more than
fifty (50) members; has for more than two (2) years prior to application owned, hired
or leased a building or space in a building of such extent and character as may be
suitable and adequate for the reasonable and comfortable accommodation of its
members; has a board of directors, executive committee or other sirnilarbody chosen
3 - 41
1
I
I
I
I
I
I
I
I
I
I
I
I
~
I
r
r
;t
I
I
I
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
by its members at a meeting held for that purpose which establishes its policy and
manages and conducts its affairs; and prohibits its members, officers, agents or
employees from being directly or indirectly compensated by way of profit for the
services offered by the corporation or association to the members or their guests
beyond the amount of such reasonable salary or wages as may be fIxed and voted each
year by the directors or other governing body.
Subd. 4 Application. An application for a license required under this Section shall be made
to the Administrator, or to a person designated by the Administrator, on such forms as the
Administrator may from time to time provide. At a minimum, the form shall contain the
information required in the following. Any falsification of information on an application shall
be cause for denial, suspension or revocation of a license issued or to be issued hereunder.
A. Business License. Every application for a business license required under this Chapter
shall be made to the Administrator on such forms as he or she may from time to time
require. In addition to such information as the Administrator may require in such
application form, it shall also include at a minimum the following items of information or
documentation:
1. Whether the applicant is a natural person, a corporation, a partnership or other
form of organization.
3 -42
City of Arden Hills
Chapter 3 Licenses and Regulations
2. If the applicant is a natural person:
a. The true name, place and date of birth, street address and phone number of the
applicant;
b. Whether the applicant is a citizen of the United States;
c. Whether the applicant has ever used or has been known by a name other than
its true name, and if so, what was such name(s) and information concerning dates
and places where used;
d. The name of the business if it is to be conducted under a name or style other
than the full individual name of the applicant in which case a certified copy of the
certification required by Minn. Stat. Chapter 333 shall be attached to the
application;
e. The street addresses at which applicant has lived during the preceding five (5)
years;
f. The kind, name and location of every business and occupation the applicant
has been engaged in during the preceding five (5) years;
3 - 43
"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
I
I
I
City of Arden Hills Chapter 3 Licenses and Regulations
g. The applicant's occupation for five (5) years preceding the date of his or her
application;
h. Whether the applicant has ever been convicted of any crime and if so, the
nature of such crime, the time and place at which it occurred, the date of
conviction, the place and length of incarceration, and such other information as
the Administrator may request from the applicant;
i. Three (3) photographs of the applicant, showing the front of his or her face
and each side of his or her head, not less than thirty (30) days old and at least two
(2) inches by two (2) inches in size;
j. A physical description of the applicant;
k. If applicant is applying for a business license to operate a massage parlor,
whether the applicant has had any training or experience in performing massage
services, and if so, the nature and extent of such experience and education and
including any diploma or certificate of graduation which the applicant has
received from an educational institution;
1. If the applicant is applying for a business license to operate a sauna or massage
parlor, or both, then a certificate from a licensed Minnesota physician indicating
3 - 44
City of Arden Hills
Chapter 3 Licenses and Regulations
that the applicant has been examined less than thirty (30) days prior to the
application and has been found free of communicable diseases.
3. If the applicant is a partnership:
a. The names and addresses of all partners and all information concerning each
partner as is required of an individual applicant above.
b. The name and address of the managing partner(s) and the interest of each
partner in the business;
c. A true copy of the partnership agreement, attached to the application, as well
as a certified copy of the certification as to trade name required by Minn. Stat.
Chapter 333.
4. If the applicant is a corporation or other organization:
a. The name and, if incorporated, the jurisdiction and date of incorporation;
b. A true copy of the certificate or articles of incorporation, or association
agreement, and the bylaws or constitution thereof attached to the application, and,
if a foreign corporation, a certificate of authority as described inMinn. Stat.
3 - 45
-'1
I
I
I
I
I
&
I
I
I
J
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
Chapter 303 likewise attached;
I
I
I
I
I
,
I
I
I
I
I
I
c. The names and addresses of all stockholders, directors, officers, associates,
managers, and agents of the corporation and all information concerning them as
is required for an individual applicant.
d. A list of all persons who control or own an interest in excess of five (5)
percent in such corporation or association;
e. If the applicant is a nonprofit corporation, a list of all members thereof,
whether the applicant has, for more than two (2) years prior to application,
owned or leased a building or space in a building suitable and adequate for the
accommodation of its members, and a statement of the purposes for which the
corporation was incorporated.
5. Whether the applicant has ever operated a sauna, rap or massage parlor within the
preceding five (5) years, and if so, whether a license, therefor was ever denied,
revoked or suspended, explaining the reasons for such denial, revocation of
suspension.
6. Whether the applicant is licensed in other communities to operate similar
businesses, and if so, where.
I
3- 46
City of Arden Hills
Chapter 3 Licenses and Regulations
7. The names and addresses of all agents, or employees of applicant who will
perform services therefor in the City, and the nature of services to be performed by
each employee; the names, residence and business addresses of five (5) residents of
the metropolitan area of the State of Minnesota, of good moral character, not related
to the applicant or financially interested in the premises or business, who may be
contacted regarding the applicant's or manager's character.
8. A specific description of all services to be provided on the premises to be licensed;
a detailed description of all equipment and furniture to be used in the operation of the
business; a legal and street address description of the premises proposed to be
licensed.
9. Names and addresses of all creditors furnishing credit for the establishment,
acquisition, maintenance and furnishing ,of the proposed business.
10. Establishment of applicant's interest in premises by furnishing true copies of
lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan
agreements, security agreements and any other documents.
11. Blueprints, diagrams, plans, layouts and the like showing the construction,
revision, remodeling, alteration or additions of or to the premises and specifically
showing the layout, design and arrangement of all of the rooms, halls and facilities.
3 - 47
'1
~
I
I
I
I
I
I
I
I
I
I
I
I
-
~
I
City of Arden Hills
Chapter 3 Licenses and Regulations
,
12. An ownership report, prepared by a licensed abstractor, indicating the ownership
of all parcels within five hundred (500) feet of the premises sought to be licensed,
accompanying the application.
[
I
I
I
I
,
I
I
1
I
I
I
13. Such other information as the Administrator or the Council may require from
time to time.
B. Personal Service Licenses. Applications for masseur or masseuse licenses provided for
in this Section shall be made to the Administrator on such forms as he or she may from
time to time provide, In addition to such information as the Administrator may require,
the application shall include or be accompanied by:
1. All of the information required under Subpart A.' 2.
2. Whether the applicant has ever had a similar license denied, revoked or suspended,
explaining the reasons for such denial, revocation or suspension.
3. What other communities the applicant has been licensed by during the preceding
five (5) years.
4. Written proof of age of at least eighteen (18) years.'
I
3 - 48
City of Arden Hills
Chapter 3 Licenses and Regulations
5. A diploma or a certificate of graduation from the educational institution at which
the applicant received instruction on the theory, method, or work of massage, if
applicant has received one.
6. A certificate from a licensed physician that the applicant has been examined less
than thirty (30) days prior to the application and has been found free of communicable
diseases.
7. Name and address of the licensed massage establishment by which the applicant
expects to be employed.
C. Verifications. All applications for licenses, whether business or personal service, shall
be verified as to all information contained in the application being true and correct. If the
application is made by a natural person, it shall be signed and the verification sworn to by
such person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners thereof; and if by an unincorporated association, by the manager or managing
officer thereof.
D. Changes in Application Information. It shall be the continuing duty of each licensee
promptly to notifY the Administrator of any change in the information or facts originally
furnished or required to be furnished in or along with the application for the license. This
duty shall continue throughout the period of such license, and failure to comply with this
3 - 49
'~I
~
I
I
I
I
1
el
-
J
I
I
I
I
I
el
~
If
I
I
I
I
I
I
,
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
Subparagraph shall constitute cause for revocation, suspension or non-renewal of such
license.
Subd. 5 Investigation.
B. Personal Service Licenses; Masseurs and Masseuses. All applications for personal
service licenses hereunder, including information or documentation accompanying the
same, shall be reviewed by the Administrator and referred to and reviewed by the peliee
de:l'lIrt1l.ellt City's designated law enforcement provider and such other departments,
commissions, committees, officers, consultants, and employees of the City and such other
I
3 - 50
City of Arden Hills
Chapter 3 Licenses and Regulations
governmental agencies as the Administrator shall deem necessary for the verification and
investigation of the facts set forth in the application. Each of the departments, officers,
commissions, committees, consultants, employees or agencies to whom the application and
accompanying materials have been referred shall make a written recommendation to the
City Council as to whether the license sought should be issued or denied within thirty (30)
days of the date of the application.
C. Investigation Fees.
1. Business License. At the time of the filing of the original application for a business
license under this Subsection, the applicant shall pay such investigation fee as has
been established in a resolution adopted by the Council.
2. Personal Service Licenses. At the time of the filing of the original application for
a personal service license, the applicant shall pay such investigation fee as has been
established in a resolution adopted by the Council.
3. Non-refundable. No investigation fee shall be refunded to the applicant.
Subd. 6 License Fees and Duration. At the time of filing the application for a license under
, this Subsection, the following license fee, or a prorated portion thereof, shaH be paid by the
applicant:
3 - 51
-'1
~
I
I
I
I
I
I
I
I
I
I
I
I
~
J
:
City of Arden Hills
Chapter 3 Licenses and Regulations
,
A. Business License. The annual fee for a business license shall be such fee as is
established from time to time in a resolution adopted by the Council.
I
I
I
I
I
I
.
1
1
I
I
I
I
B. Personal Service License. The annual fee for a masseur or masseuse license shall be
such fee as is established from time to time in a resolution adopted by the Council.
c. Refundable. Upon denial of an application for a license, the City shall promptly refund
to the applicant the amount paid. No other refunds shall be made.
D. License Year. Any license issued under this Subsection shall be effective for the
calendar year and shall thus expire on December 31 of each year unless previously
revoked.
Subd. 7 License Renewals.
A. Necessity for Application. The licenses required under this Subsection shall be valid
for the calendar year only. Accordingly, application must be made each year for a new
license for the ensuing calendar year.
B. Manner and Type of Application. A licensee seeking to renew a business or personal
service license issued hereunder shall make application in the manner and with the type
of application relating to original applications.
I
3 - 52
City of Arden Hills
Chapter 3 Licenses and Regulations
C. Time of Renewal Application. Applications for a license renewal must be submitted
, to the Administrator at least sixty (60) days in advance of license expiration.
Subd. 8 Licensing Prohibited.
A. Business License. No business license for the operation of a sauna, rap or massage
parlor shall be issued to an applicant where anyone or more of the following
circumstances, which are readily ascertainable by the Administrator, exists:
1. Zoning District. The premises at or on which the sauna, rap or massage parlor is
to be operated is located in a zoning district within the City as designated in the City's
Zoning Ordinance. etller thaH R B (If C B.
2. Distance from Other Similar Establishments. The premises at or on which the
sauna, rap or massage parlor is to be operated are located within five hundred (500)
feet of another sauna, rap or massage parlor,
3. Distance from Residential Zoning District, Etc. The premises at or on which the
sauna, rap or massage parlor is to be operated are located within five hundred (500)
feet of any residential zoning district, a church, a nursery, an elementary school, a
junior high school, a high school, or any establishment frequented by juveniles.
3 - 53
-'1
~
1
1
I
1
I
I
I
I
I
I
I
I
I
I:
r
I'
I
I
I
I
I
I
.
I
I
I
I
I
1
I
City of Arden Hills
Chapter 3 Licenses and Regulations
4. Denial or Revocation of Similar License. Within five (5) years prior to the date
of application, the applicant has had a similar license denied or revoked.
B. Personal Service Licenses. No personal service license shall be issued to a masseuse
or masseur in the event she or he is under the age of eighteen (18) years.
Subd. 9 License Denial.
A. Notice. In the event the Administrator determines that the applicant is not entitled to
a license under the terms of this Subsection, then he or she shall promptly after making
such determination notify the applicant in writing that the application has been denied,
specifying the reasons for the denial.
B. Appeal by Aggrieved Applicant. In the event an applicant has been advised by the
Administrator, that his or her application has been denied, he or she shall have ten (10)
days to appeal the denial to the City Council. In the event he or she does not timely file
his or her notice of appeal with the Administrator by the end of the 10-day period, he or
she shall no longer be entitled to appeal; and his or her appeal right shall be considered
waived.
C. Council Procedure. When a notice of appeal has been properly and timely filed with
the Administrator, the City Council shall consider the aggrieved applicant's appeal at a
3 - 54
City of Arden Hills
Chapter 3 Licenses and Regulations
Council meeting within the next thirty (30) days of the date of the notice's filing. The
purpose of the hearing shall be limited to the question of whether the Administrator had
sufficient grounds to deny the application. Based upon the facts adduced at the hearing,
the Council shall either affirm the decision of the Administrator denying the license
application or remand to the Administrator for further investigation and report back to the
City Council within no more than forty-five (45) days from the date of the Council
meeting in the case of an application for a business license and thirty (30) days in the case
of an application for a personal service license.
Subd. 10 Granting of Licenses.
A. Business License.
1. Notices of Hearing. In the case of an application for a business license, the
Administrator shall schedule a public hearing thereon no later than sixty (60) days
after his or her receipt of the application and accompanying documentation. The
Administrator shall cause to be published in the official newspaper of the City at least
thirty (30) days but not more than forty-five (45) days prior to the date of the public
hearing a notice describing the nature of the business proposing to be licensed and its
location and setting forth the date, time, place and purpose of the hearing,
In addition, the Administrator shall mail a similar notice at least fifteen (15) days
3 - 55
'.
~
I
I
I
.
I
I
I
I
I
I
I
I
I
-
I
Chapter 3 Licenses and Regulations
I
I
I
I
I
I
,
1
I
I
1
I
I
prior to the date of the public hearing to each owner of property located within five
hundred (500) feet of the premises which are the subject of the application. A copy
of the notice and a list of the names and addresses of the persons to whom it was sent
shall be attached thereto by the Administrator and shall be made a part of the records
of the proceedings. The failure to give mail notice to individual property owners shall
not invalidate the proceeding providing a bona fide attempt to comply with this
Subdivision has been made.
2. Public Hearing. The City Council shall conduct a public hearing. The applicant,
or his or her representative, shall be given the opportUnity to appear before the City
Council to present reasons why his or her application should be granted and to answer
questions of the councilmembers and members of the public. All persons in favor of,
opposed to, or interested in the application shall be heard, The City Council may
adjourn the public hearing to its next meeting, either regular or special, and may
continue its study and consideration of the application at meetings subsequent to the
meeting at which the public hearing was initially held.
3. Considerations. The City Council shall consider, in determining whether to grant,
deny, or renew a license, the effect of the proposed establishment upon the health,
safety, convenience, morals and general welfare of the Owners and occupants of
surrounding properties in particular and the community as a whole and at a minimum
the following factors:
I
3 - 56
City of ~den Hills
Chapter 3 Licenses and Regulations
a. The, character and suitability of the area and neighborhood in which the
proposed establishment is to be located;
b. Traffic congestion and parking problems;
c. Reasonably anticipated likelihood of excessive noise, disrurbances or fighting
by persons in or about the proposed establishment;
d. The applicant's background and experience in the activity proposed to be
licensed, and thus the applicant's ability or fitness to perform the duties and
discharge the responsibilities of the proposed activity to be licensed;
e. Whether the applicant either directly or indirectly has had a license for a
similar activity revoked or suspended in another community or political
subdivision in the State of Minnesota;
f. Whether the proposed establishment and the premises on which it is to be
operated meet the health, safety, sanitary and building requirements of the City
including those requirements set forth in this Chapter .
4. Denial; Grounds for Denial. The City Council may deny an application for the
issuance or renewal of a business license on the basis of a determination that the
3 - 57
'I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I:
1-
:-
I
I
I
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
public health, safety, morals or welfare would be adversely affected by the proposed
establishment taking into account anyone or more of the facts or circumstances set
forth in Subpart A. 3. hereof and shall deny such application upon rmding anyone or
more of the following conditions to exist:
a. The applicant or anyone of its owners, partners, directors, stockholders,
officers, managers, employees, agents or interested parties are persons of bad
repute;
b. The applicant or anyone of its owners, partners, directors, stockholders,
officers, managers, employees, agents or interested parties have been convicted
for offenses which involve moral turpitude or which relate directly to such
person's ability, capacity or fitness to perform the duties and discharge the
responsibilities of the licensed activity;
c. The applicant or anyone of its owners, partners, directors, stockholders,
officers, managers, employees, agents or interested parties has had within five (5)
years of the date of the application been denied a license for a similar activity to
the one sought to be licensed or had such a license revoked or suspended in or by
any community or political subdivision of the State of Minnesota or by the State
of Minnesota itself;
3- 58
City of Arden Hills
Chapter 3 Licenses and Regulations
d. The applicant has not fully and truthfully answered all of the information
required by the application.
5. Notice of Denial. In the event the Council denies the application, the
Administrator shall furnish the applicant with a written document advising him or her
of the denial and specifying the factual bases and reasoning upon which the denial was
predicated. No application for a license which has been denied by the Council shall
be resubmitted for a period of at least one (1) year from the date on which the
application was denied.
6. Approval; Imposition of Conditions. The Council may approve an application for
the issuance or renewal of a license on the basis of a determination that the public
health, morals, safety or welfare will not be adversely affected by the proposed
establishment, taking into account one or more of the factors set forth in Subpart A.
3. above, and in granting or renewing a license may impose such reasonable
conditions and restrictions on the manner and circumstances under which the licensed
activities are to be operated so as to preserve the public peace and protect the public
health, morals, safety and welfare.
B. Personal Service Licenses.
3 - 59
'I
I
I
I
I
I
I
I
I
I
I
I
I
C
J
\:
r
I'
I
I
I
I
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 3 Licenses and Regulations
1. Procedure. The Administrator shall place any application for a personal service
license on the agenda of a meeting of the City Council no less than forty-five (45)
days after the date of the application. When the matter comes before the Council, the
applicant, or his or her representative, shall be given the opportunity to appear befofe
the Council to answer questions and give explanations regarding the proposed licensed
activity .
2. Denial. A license for a masseuse or masseur may be denied upon anyone (1) or
more of the following grounds:
a. Fraud or deception in the license application;
b. The applicant has a history of violations of laws and ordinances that apply to
health, safety or moral turpitude;
c. The applicant is of bad repute;
d. The applicant has been convicted of crimes or offenses involving sexual
misconduct;
e. The applicant, within five (5) years priOf to the date of application was denied
licensure as a masseuse or masseuf Of had his Of hef license fevoked or
3 - 60
City of Arden Hills
Chapter 3 Licenses and Regulations
suspended in or by any community or political subdivision of the State of
Minnesota or by the State of Minnesota;
3. Notice. In the event the City Council denies the application, the Administratof
shall furnish the applicant with a written document advising him or her of the denial
and specifying the factual bases and reasoning upon which the denial was predicated.
No application for a license which has been denied by the Council shall be
resubmitted for a period of at least one (1) year from the date on which the application
was denied.
Subd. 11 Construction, Maintenance, Operational and Employment Requirements.
A. Construction.
,
1. Separate Facilities. Each establishment licensed under this Subsection shall have
a separate rest room for each sex and in the case of a massage Of sauna parlor, but
excluding a rap parlor, the establishment shall have in addition separate showef,
locker room, massage room, dressing facilities, steam rooms, and sauna rooms, each
clearly marked as such, for each sex.
\
2. Size of Sauna and Massage Rooms. Sauna foams and massage rooms shall each
have at least fifty (50) square feet of clear floor area. Massage rooms shall be
3 - 61
~I
~
I
I
I
I
I
&
I
I
I
I
I
1
I
Chapter 3 Licenses and Regulations
equipped with cabinets for the storage of soiled linens.
I
I
I
I
I
I
.
I
I
I
I
I
I
3. Doors. Doors to all rooms on the premises of a sauna, rap or massage parlor shall
be incapable of being locked from the exterior Of intefiof with the exception of the
front and fear access dOOfS:
4. Construction Materials fOf Sauna Rooms, Lockef Rooms, Rest Rooms and
Bathrooms. All sauna fooms, locker rooms, fest rooms and bathrooms used on the
pfemises shall be constrUcted of materials which are impervious to moisture, bacteria,
mold or fungus and must be kept in a sanitary condition. The floor-to-wall and
wall-joints shall be constructed to provide a sanitary cove with a minimum radius of
one inch.
5. Rest Rooms. All rest rooms in a sauna, fap or massage parlor shall be provided
with mechanical ventilation with two (2) cfrn per square foot of floor area, a hand
washing sink equipped with hot and cold running water undef .pressure, sanitary
towels and a soap dispenser.
6. Illumination. All rooms in the licensed premises shall be illuminated with not less
than thirty (30) footcandles of illumination.
7. Janitor's Closet. Each establishment shall have a janitor's closet which shall
I
3 - 62
City of Arden Hills
Chapter 3 Licenses and Regulations
provide fOf the storage of cleaning supplies. Such closet shall have a mechanical
ventilation with two (2) cfrn pef squafe foot of flOOf afea. Such closet shall include
a mop sink.
8. Locker Facilities in Sauna Of Massage Paflors. Sauna or massage parlofs shall be
equipped with locker facilities for use by patrons. Sufficient facilities shall be
furnished so that each patron will have a separate compartment available for the
storage of clothing and valuables. Each such locker shall be capable of being locked
by the patron.
B. Maintenance and Opefation.
1. Massage Tables. All rooms in a massage parlof shall be equipped with massage
tables having a hard surface impervious to liquids with a width of no mOfe than three
(3) feet and a length of no mOfe than eight (8) feet. Such tables may be equipped with
eithef non-disposable pads Of covefings or disposable coverings not more than two
and one-half (21h) inches thick. Non-disposable pads or coverings shall be removable,
impervious, and cleanable.
2. Beds Prohibited in Rap Parlofs. No beds, sofas, couches or other furniture upon
which one can lie prone shall be permitted in any rap parlor.
3 - 63
'I
-
I
I
I
I
I
I
I
I
I
I
I
I
I
-
I
City of Arden Hills
Chapter 3 Licenses and Regulations
1-
:-
I
I
I
I
I
I
.
I
I
I
I
I
I
3. Refuse Receptacles. Any establishments licensed hereundef shall at all times be
equipped with adequate tfash receptacles which shall be emptied on a regular and
recurring basis.
4. Display of License to Operate. The license to operate the establishment shall be
pfominently in public display on the pfemises at all times dUfing the hours of its
operation.
5. HOUfS of Operation. The licensed premises shall not be open for business nor shall
patrons be permitted on the premises between the hours of 10:00 p.m, and 8:00 a.m.
of the succeeding day.
6. Occupancy or Guest Register. The licensee shall be responsible for maintaining
an occupancy Of guest registef by which each patfon of the sauna, rap or massage
parlor must registef his Of hef name, age, address and phone number, and each
licensee, Of pefson in his or her employ, shall require each patron to furnish
identification describing and identifying his Of her correct name, age, address and
phone number. Such occupancy Of guest register shall be available for inspection at
all times by officers, employees or agents of the City or any othef agency Of political
subdivision of the State of Minnesota or United States Government. Occupancy or
guest registers must be kept by the licensee for a period of not less than two (2) years
aftef all of its pages have been filled.
I
3 - 64
City of Arden Hills
Chapter 3 Licenses and Regulations
7. Inspection by City Officefs and Identification of Employees. Licensee shall allow
his or her entire premises to be inspected by the building inspector, health officer, any
peHee officef of the Ci!j"s designated lawenfoieement provider or member of the rife
"''''''...:._,...., '''''.'. _.,,','-'--"'...- .. ......
department, and any other officef, employee or agent of the City or the State of
Minnesota, Of the United States Government. Upon demand by any peHee officer of
City's designa~l!l~~iifoicementpfovider, any person engaged in pfoviding services
in any licensed premises shall identify himself or hefself by giving his or her true
legal name and his or hef correct address.
8. Designation of Managef. If the licensee is a partnership or a corporation, it shall
designate a person to be manager of the business. Such person shall remain
responsible for the conduct of the business until another single person has been
designated in writing by the licensee. The licensee shall pfomptly notify the
Administfator in wfiting of any such change indicating the name and address of the
new manager and the effective date of such change.
9. List of Employees. The licensee shall furnish the Administrator with a list of
current employees indicating their names and addresses and designating the duties of
them. Licensee shall promptly notify the Administratof of any additions or deletions
in the list of employees Of changes in their job descriptions or duties and furnish the
Administrator with the new names and addfesses and effective date of these additions.
3 - 65
1
I
I
I
I
I
I
I
I
I
I
I
I
I
~
Chapter 3 Licenses and Regulations
10. Maintenance in Sanitary Condition of Sauna and Massage Parlofs. In the case of
sauna and massage paflofs, the licensed premises must be kept and maintained in a
sanitafY condition, and all equipment, personal property, tables, beds, towels,
clothing and the like shall also be maintained in a sanitary condition.
11. Health and Disease Control in Sauna and Massage Parlors. No person, while
afflicted with any disease in a communicable form or while a carrier of such disease
Of while afflicted with boils, infected woundS, sores Of any acute fespiratory infection
shall work or pfovide services in any massage Of sauna room, and no person known
or suspected of being afflicted with any such disease or condition shall be employed
Of permitted in such afea Of capacity.
12. Minors Prohibited. No pefson under eighteen (18) years of age shall be permitted
upon Of allowed to be employed Of to sefve in the massage, fap or sauna parlof.
13. Possession of Alcoholic Beverages or Nafcotic Drugs Pfohibited. No alcoholic
bevefages, nafcotic drugs or controlled substances shall be kept, possessed or
maintained upon the premises of any massage, rap or sauna parlor.
C. Employment.
1. Clothing Covefage. All employees of any establishment licensed under this
I
3 - 66
City of Arden Hills
Chapter 3 Licenses and Regulations
Subsection and customefS thefeof, shall have at all times theif bfeasts, buttocks,
genitals and anus cove fed by a nontfanspafent material.
2. Necessity of Pefsonal Sefvice Licenses in Massage Parlors. No massage paflor
license undef this Subsection shall employ Of utilize any pefson as a masseur or
masseuse unless such pefson is licensed by the City.
3. Display of Pefsonal Service License in Massage Parlors. Any person acting as a
masseur or masseuse in a massage paflor licensed hereundef shall have his or her
license Of a true copy thereof displayed in a prominent place on the licensed premises.
4. Same Sex Attendants in Sauna and Massage ParlofS. With respect to sauna and
massage parlofs licensed under this Subsection male sauna employees Of attendants
and masseUfS shall attend to, assist Of otherwise sefve only male patrons and female
sauna employees or attendants and masseuses shall attend, assist or otherwise serve
only female patrons.
Subd. 12 Revocation or Suspension of License.
A. Reason. Any license gfanted under this Subsection may be subsequently revoked or
suspended, Of not renewed by the City Council upon its fmding that the licensee or its
owners, partners, managers, employees, agents or any of its interested parties have
3 - 67
: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 3 Licenses and Regulations
engaged in any of the following items of conduct:
I. Violation of any of the requirements of this Chapter;
2. Fraud, deception or misrepresentation in connection with securing the license;
3. Habitual drunkenness Of intemperance in the use of contfolled substances under
State or Federal law.
4. Conduct advefse to the interest of the public health, safety, morals or welfare;
5. FaiIufe fully to comply with any of the fequirements of any ordinance, rule,
regulation, law or statute of the City, Of the United States Government;
6. Material variance in the actual plan and design of licensed premises from the plans
and specifications submitted to the City along with the application;
7. Conviction for any offense involving mOfal turpitude or sexual misconduct; and
8. Operation without a license as fequiredhereby.
B. Appeal. The licensee may appeal such suspension, fevocation Of non-renewal to the
3 - 68
City of Arden Hills
Chapter 3 Licenses and Regulations
City Council. The Council shall consider the appeal at the next regularly scheduled
Council meeting on or after ten (10) days ffom service of the notice of appeal upon the
Administfator. At the conclusion of the hearing, the Council may affirm the suspension,
revocation or non-renewal of the license; reinstate or renew the license; Of impose a
reissuance of the license upon such additional terms, conditions and stipulations which the
Council may. in its sole discfetion, impose. The factual bases fOf any denial shall be set
forth in wfiting and mailed to the licensee by the Administratof.
Subd. 13 Violations; Penalties. Whoevef does any acts forbidden by this Subsection or omits
Of fails to do any acts required by this Subsection shall be guilty of a misdemeanor, and every
person who commits or attempts to commit, conspifes to commit Of aids and abets in the
commission of any act constituting a violation of this Subsection or any act, which constitutes
an omission and thefefore a violation of this Subsection whether individually or in connection.
with one or more persons or as principal, agent or accessory, shall be guilty of such offense
and every pefson who falsely, fraudulently, forcibly or willfully induces, causes, coerces,
requires, permits or difects anothef to violate any of the provisions of this Subsection shall
likewise be guilty of such offense and shall be guilty of a misdemeanof. Each day that a
violation exists shall constituteg a sepafate and distinct offense.
330.04 Taxicabs.
3 - 69
'I
~
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
Chapter 3 Licenses and Regulations
Subd. 1 Definitions. FOf the purposes of this Subsection, the following words and phrases
shall have the meanings fespectively ascribed to them:
Doing business: "Doing Business" shall mean when the opefator of a taxicab:
A. Maintains a gafage, office or place of business in the City, or
B. Regularly receives calls at any location in the City fOf the dispatch of his or hef
taxicabs.
Opefator. "Opefatof" shall mean any pefson owning or having control of the use of one or
more taxicabs.
Taxicab. "Taxicab" shall mean any motof vehicle used in the carrying of pefsons for hire,
whethef ovef a fixed route Of not, and whethef opefating from a street stand or subject to calls
from a garage or elsewhefe, but excluding government-owned vehicles, vehicles regularly used
by undertakefs in carrying on their business, or vehicles contfolled and regulated by the state
public service commission or othef regulatory body of the State.
Subd. 2 Operating Order and Equipment. Any opefator of a taxicab doing business in the
City shall cause such taxicab to be equipped, at all times he or she is doing business, with
taximeters plainly visible to fiders thereon and shall maintain any such taxicab in good running
3 -70
City of Arden Hills
Chapter 3 Licenses and Regulations
ordef and in full conformance with all applicable federal and state laws and applicable
pf~visions of this Code. ~: Although this subsection was located in the licensing chaptef.
no license appeafs to be fequifed by the city. If one is required, language needs to be added
here.
Nntt: City asked why it should license taxicabs as it cUfrently does not enforce this pfovision.
Cities that regulate cabs have traditionally had a pfoblem with too many cabs, traffic, etc., as well
as problems with business pfactices of the cab companies. If the city has not had any problems and
is not curfentlY licensing cabs, this Section should be removed.
3 - 71
'-
~
"
I
I
I
I
I
I
I
I
I
I
I
I
-
j
.
,
I
I
,
I
I
I
I
I
I
I
City of Arden Hills
Chapter 4 Animals and Pets
Chapter 4 Animals and Pets"
~: This Chapter has been reorganized and updated to incorporate Ordinances 300 and 301 as
submitted by the city.
Section 400 - General
400.01 Definitions. The following definitions shall be used in the application and interpretation
of the pfovisions of this Chapter:
Subd. 1 Dog. "Dog" shall mean any male orfemalemembef of the Canine species df
animal commonly accepted asdome.sti.~ated_hot!sehold pets, and other.dom~sticated
mixed breeds primarily of the ddg kirid,:TI1e definition shall not applytdtypkally ndE
domesticated breeds. of the speciessiJchas wolves arid hyeruis,'Of to mixed liieeMri61
. ',... , _.._..~.,_.,...,,,,.,>-,,,;,...~;,",,,,,">.,,...,..:o.;:.....:_-~_.,.._._._". _,~._..."., ,- . ...._-',"......,......"...-.',.'d' -..;..;,.,.,.
predominantly of a dog ,breeg,,,Bf the ClIlliJgeJltl3 8f lIntb''1l1ls.
Subd. 2 Commercial Kennel. "Commercial Kennel" shall mean any strUcture
specifically designed and used fOf the commefcial bfeeding, sale , or harboring of three
(3) or more dogs that are more than three (3) months old.
"State law references- Authority to regulate animals, Minn. Stat.~ 412.221(21);
animals generally, Minn. Stat. Ch. 346.
4-1
City of Arden Hills
Chapter 4 Animals and Pets
Subd. 3 Residential Kennel. "Residential Kennel" shall mean any structure
specifically designed and used fOf the non-commercial harbofing of up to three (3) dogs
that are mOfe than three (3) months old, in conjunction with a residential use of property.
Nll1l:: This subdivision is not consistent with Section 420. Should this read ovef rwo
dogs instead of up to 3?
Subd. 4 Owner or Keeper. "Ownef" or "Keeper" shall mean any person, firm or
corpOfation owning, hafboring or keeping a dog.
Subd. 5 At Large. "At Lafge" shall mean any dog that is off the pfemises of its owner
and not effectively festfained by the use of a chain or leash not to exceed eight feet in
length, ~~ge or kenriel;()r ot\:1~~\Vise-physic~llyrestrained.
Subd. 6 Nuisance. "Nuisance" shall mean any dog which habitually or frequently barks
Of cries; frequents school grounds, parks, or public beaches; chases vehicles; molests
or annoys any pefson away ffom pfoperty o. ther" tharithat6f theownei; is repeatedly
. ,~",~,..-',. '.- -. - ~. . '-.- .,". ,.' "'".
found running at large; or attacks othef animals.
Subd.7 Local Animal Control Officer. "Local Animal Contfol Officer" shall mean
any pefson employed or contfacted by the City for the purpose of aiding in the
enforcement of this Chapter. The'ihities.ofa-loCill 'anirnar-controFofficei'mat?:be'
......... '.-,.:. .' "...; '",~".~._' _.~." _....". .." . ; -,-.- 'c... ... '__""" - .. ." c...;.',-",
assigned t6lliecitY's lawenfofcemeli(aeIicY'-
..,=-..,.-.-----. .. -....--......- .-.-.-,.-----..g---..
4-2
'l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.
City of Arden Hills
Chapter 4 Animals and Pets
,
.
Subd.8 Diseased Dog. "Diseased Dog" shall mean any dog which has been found to
be infected with any disease which may Cfeates a risk to the public safety.
I
I
I
I
I
I
.
I
I
I
I
I
I
Subd.9 Domestic Animal. "Domestic Animal" shall mean any domesticated dog Of
cat commonly accepted as household petS.
~'; .. '<0 .. '^ . _" . " " . .~,,' '. .' . ..-.' '"",'. . .' ."
Subd. 10 Wild or Exotic Animal. "Wild Of Exotic Animal" shall mean any mammal,
amphibian, reptile, Of bird which is of a species not usually domesticated and of a species
which, due to size, wild nature, or othef characteristics, is dangerous to humans and
would ofdinafily be confined in a zoo Of found in the wild. The term shall include
animals and birds the keeping of which is licensed by the State or Federal government,
such as wolves, raptors, and pheasants. The term shall also include, but not be limited
to, the following:
A. Any lafge cat of the family "felidae", such as lions, tigers, jaguars, cougars,
leopards, and ocelots, but excluding commonly accepted domesticated house cats.
B. Any member of the family "canidae", such as wolves, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated dogs.
C. Any crossbreed such as crossbreeds between dogs and coyotes, Of dogs and
wolves, but excluding cfossbreeds between species of dogs or catS.
I
4-3
City of Arden Hills
Chapter 4 Animals and Pets
D. Any poisonous Of venomous snake such as a rattlesnake, coral snake, water
moccasin, puff addef, Of cobra, iegaidless6f whether the'sriakehas beile~fanged
" ,. .....0.'........ .~,'~.,... . ....,;.' ,c",-,,__, .... '. ....,.. _ _... ,-.' ~. -_.-'.L '," .., ,_.' 0>..' .' ,
p(t'oevenoiiijzed:
-""',-....""'-,,.,--,.,,~.,,._.--,:.._...._...~'-".
E. Any snake Of reptile which by its size, vicious natufe, Of other characteristic is
dangefous to human beings.
F. Any skunk, raccoon, Of fox, whether captured in the wild or domestically raised,
and whethef descented or not descented or vaccinated against fabies.
G. Any beaf, ape, gorilla, monkey, chimpanzee, or badger.
H. Any Vietnamese pot-bellied pig.
1. Any othef animal, bird, or reptile which is commonly considered wild and not
domesticated, or which is prohibited by State or Fedefallaw.
400.02 Quarantine of Biting Animals. Whenevef any dog Of other animal has bitten any person
and has caused an abfasion or puncture of the skin, the ownef of the dog Of animal shall
immediately cause the dog Of animal to be quarantined for a period of ten (10) days aftef the
person has been bitten by the dog or animal. During the quarantine pefiod, the dog Of animal shall
be kept undef observation to determine its condition, and at the end of the quarantine, a report
4-4
'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 4 Animals and Pets
shall be completed by the local animal contfol agency Of a licensed veterinarian detailing the
proper disposition of the dog or animal. No dog Of othef animal shall be destroyed unless the dog
or animal shows the visible clinical signs of rabies during the period of quarantine. The ownef of
the dog Of animal shall be fesponsible fOf the cost of the quarantine.
400.03 Registration.
Subd. 1 License Required. Every ownef of a domestic animal more than three (3) months
of age shall cause the animal to be fegistefed, numbered, described and licensed through the
office of the City Administrator. The registration, numbering and licensing shall be for one
year fOf the animal while owned Of kept by the same pefson and while living at the same
address within the City. A change in ownef Of addfess shall require a new duplicate tag to
be issued. The license shall be a meta] tag issued by the Administrator.
Subd. 2 Fees.
A. The fee fOf fegistration, numbering, descfiption and licensing shall be as established
from time to time by Council fesolution.
B. Duplicate licenses for lost tags or the changed address of the owner shall be issued
~
upon application to the City Administrator, and payment of the fee as is required from
time to time by Council fesolution.
4 - 5-
City of Arden Hills
Chapter 4 Animals and Pets
Subd. 3 License Tag Nontransferable. No owner of any domestic animal shall transfer the
animal's license tag to any othef animal, Of place Of permit to be placed the tag of any
animal, on any animal othef than the one fOf which the tag was originally issued.
Subd. 4 Rabies Vaccination Required Prior to Issuance of License. Befofe any license
shall be issued fOf any domestic animal, the applicant for the license shall furnish a certificate
from a licensed veterinarian that the animal has received a rabies vaccination within one year.
Subd. 5 License and Vaccination Tags to Be Affixed to Ifflg Collar, Every ownef of a
domestic animal of more than three (3) months of age shall at all times place and keep around
the neck of the animal, a collar upon which shall be securely affixed the metal tag license
provided for in Subd. 1 above and a valid rabies vaccination tag.
Subd. 6 Counterfeit Tags. No pefson shall make, sell Of purchase any false or counterfeit
license tag, or place or permit to be placed any such false or counterfeit tag on any domestic
animal owned or kept by him or hef.
Subd. 7 Records to Be Kept by City. The City shall maintain in books provided for such
purpose, a recofd of all licenses and tags issued, with the name and residence of the person(s)
to whom the license was issued, and the number designated upon the metal license tag.
4-6
'I
I
I
I
I
I
~
I
I
I
I
I
I
I
Chapter 4 Animals and Pets
City of Arden Hills
.
,
I
I
I
I
I
I
,
I
I
I
I
I
I
I
400.04 Citations and Impoundment.
Subd. 1 Authority to Impound, Issue Citations. Any domestic animal found in violation
of the pfovisions of this Chaptef may be seized and impounded by any police officer or any
animal control officer of the City; pfovided, however, that if the owner of the animal is
known Of can be ascertained from available information, it shall be feturned to its Ownef and
a citation fOf the violation shall be issued to the owner of the animal, unless otherwise
provided in this Chapter.
Subd. 2 Place of Impoundment. Impoundment may be in an animal shelter, within or
without the city, as the Council from time to time may designate by resolution as the "City
Pound. .
Subd. 3 Notice to Owner. The owner of any domestic animal impounded under the
provisions of this Subsection, if his or her identity and location can be obtained by reasonable
means, shall be notified within twenty-four (24) hours that his Of hef domestic animal has
been impounded.
Subd. 4 Redemption by Owner. Any domestic animal impounded pursuant to the pfovisions
of this Subsection may be redeemed from the pound by its owner within five (5) fegular
business days aftef the impoundment upon payment to the City Administratof of the
impoundment fee as is ffom time to time established by City Council fesolution, plus, in the .
4-7
City of Arden Hills
Chapter 4 Animals and Pets
event the animal is not licensed, the license fee required pursuant to Subsection 400.03.
Subd. 5 Release. Upon the pfesentation of pfoof of a valid license for the domestic animal
and payment of the fees provided in subdivision 4, the poundkeeper shall release the animal
to its owner. The poundkeepef shall further take such steps as afe necessary to cause the
owner of the animal to be chafged with any violation of this Chapter which gave rise to the
impoundment of the animal.
Subd. 6 Redemption by Person Other than Owner. If the owner of any domestic animal
impounded undef this Subsection shall fail to redeem the animal within five (5) regular
business days after its impoundment, any othef person may, upon complying with the
provisions of this Subsection, redeem the animal from the pound and be the lawful owner of
the animal thefeafter. If the animal has been requested by a licensed educational Of scientific
institution undef Section 35.71 of Minnesota Statutes, then it shall be given to the institution
and shall not be sold.
Subd. 7 Disposition of Unredeemed Domestic Animals. All domestic animals impounded
under this Subsection which have not been redeeIned or purchased as authorized in this
Section may be disposed of in a humane manner by the poundkeeper Of any police officer.
Subd. 8 Interference with Officers. It shall be unlawful fOf any unauthorized person to
bfeak open the pound or to attempt to do so, Of to take or let out any animal thefefrom, or
-..-'
4-8
'I
I
I
I
I
I
I
I
I
I
I
I
1
I
I
r
r
~
I
I
I
I-
I
I
.
I
I
I
I
I
I
City of Arden HilIs
Chapter 4 Animals and Pets
to take or attempt to take from any officer any animal taken by him or her in compliance with
this Chapter, Of in any mannef to interfefe with or hinder an officer in the discharge of his
Of her duties under this Chapter.
I
4-9
City of Arden Hills
Chapter 4 Animals and Pets
Section 410 - Dogs'
410.01 Running at Large; Control. No ownef Of keepef of any dog shall permit the dog,
whether licensed or unlicensed, to run at lafge. ~: City asked why keeper had been deleted.
Under the flfst dfaft, the term owner had been defIDed to include keeper so it was redundant. For
clarity purposes, the definition has been modified and the term keepef reinstated here.
410.02 Owner to Clean up after Dog. Any owner of any dog ina public place shall be
fesponsible fOf cleaning up any feces of the animal and fOf disposing of the feces in a sanitary
mannef and shall while with the dog in public have in his Of her possession a device or equipment
fOf picking u and femoval of the feces: This subsection shall not apply to guide dogs
accompanying a blind person, Of to a dog used in police Of rescue activities.
410.03 Owner to Prevent Nuisances The owner er eustediali of any dog shall prevent the dog
from committing in the City any act which constitutes a nuisance.
410.04 Habitual Howling and Barking Dogs Unlawful. No owner shall allow his or her dog
to unreasonably distufb th~ peace and quiet of any person by frequent and habitual howling,
yelping, bafking. It shan be pfima facie evidence that a dog is unreasonably disturbing the peace
if it has been repeatedly bafking, howling, yelping, or making other similar noise fOf at least five
minutes with less than a one minute lapse during that five minutes and the bafking, howling,
'- ...-
'State law reference- Dogs, Minn. Stat. Ch. 347. Ordinances 300 and 301,1994.
4 - 10
'I
I
I
I
I
I
I
.
I
1
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 4 Animals and Pets
yelping, or other similaf noise is audible off of the pfemise whefe the dog is being kept.
410.05 Diseased or Vicious Dogs, No person shall keep Of allow to be kept on pfernises
occupied by him or hef, or permit or allow to run at lafge, any diseased dog or any dog of a
ferocious or vicious chafacter, habit or disposition.
410.06 Destruction of Certain Dogs.
A. Upon sworn complaint that anyone of the following facts exist:
1. That any dog at any time has destroyed property or habitually tfespasses in a-
damaging mannef on the pfoperty of persons other than the owner;
2. That any dog at any time has attacked Of bitten a person outside the owner's or
custodian's premises;
3. That any dog is vicious or shows vicious habits or molests pedestrians or
interfefes with vehicles on the public streets; Of
4. That any dog is a public nuisance as dermed in this Chapter;
the city shall petition the appfopriate court for a summons directing the owner of the dog
4 - 11 .
City of Arden Hills
Chapter 4 Animals and Pets
to appear before the court to show cause why the dog should not be seized by any police
officer or Local Animal Control Officer, Of otherwise disposed of in the manner
authorized in this Section. The summons shall be fetumable not less than six (6) nor
more than ten (10) days ffom the date thereof and shaH be served at least ten (10) days
before the time of the scheduled appearance.
B. The court may eithef ofdef the dog killed or destroyed in a humane manner, or order
the owner or custodian to remove it from the City, Of ordef the owner or custodian to
keep it confmed to a designated place. If the owner or custodian violates the order, any
police officer or local animal control officer may impound the dog and comply with the
court order.
410.07 Muzzling Proclamation by Mayor. Whenevef the prevalence of rabies renders such
action necessary to pfotect the public health and safety, the mayor shaH issue a proclamation
ordering every person owning Of keeping a dog to confine it securely on his or her pfemises
unless it is muzzled so that it cannot bite. No pefson shall violate the proclamation, and any
unmuzzled dog running at lafge during the time fixed in the proclamation shaH be killed by the
police without notice to the owner.
410.08 Violation; Penalties. Violations of this Section shall be a misdemeanor and, upon
conviction thefeof, shallbeptimshlibJebYafiileiiiidloY'- "nsonment to the exteIifauthotiitd'b .
_._.,.. ....."..,... ....c.._._~......_,~,~~,...,."u. ....., .... ..'-.. ._."._<~~y
laW:fofa'JWsdemeanor. a [me of net te exreecl three hl:u1tl.ree eollalJ ($300.00) flY m4'riso1lmeftt
,..."~"~"_.".,-"-,,,,",..,..,,,,,_>;,_ --,c.. ,,.,_',... .
4 -12
..
,
I
I
I
I
I
I
.
I
I
I
I
I
1
-
I
I:
\
r
~
I
I
I
I.
I
I
.
I
I
I
I
I
I
I
City of Arden Hills
Chapter 4 Animals and Pets
f0f II period net te exeeed ninety (90) dllY~, ef b6ili ($799?). The minimum rme for the flfSt
offense of a dog shall be twenty-five dollafs ($25.00). The minimum fine for any subsequent
offense by the same dog shall be fifty dollars ($50.00).
Section 420 Kennels
420.01 Licenses and Permits Required.
Subd. 1 Commercial Kennel. It shall be unlawful for any person to opefate a commefcial
kennel in the City without fifst having obtained a commefcial kennel license and a
Conditional Use Permit under the City's zoning ordinance.
Subd. 2 Residential Kenllel. It shall be unlawful for any person to keep more than two (2)
dogs ovef the age of three (3) months in a residential dwelling unit without flfst having
obtained a fesidential kennel license. The holdef of a residential kennel license shall not
boafd or train on his or her pfemises dogs belonging to anothef pefson. Residential kennel
licenses shall only be issued fOf pfoperty zoned fesidential R-l Of fesidentiaIR-2.
420.02. Application.
Subd. 1 Fonn. Any person desiring a kennel license under this Section shall make a written
application for the license to the City Administratof on forms prescribed by and requiring
such information as fequired by the City. The application shall contain at least the following
4 - 13
City of Arden Hills
Chapter 4 Animals and Pets
information:
A. A description of the pfoperty upon which the dogs will be kept. Outside kennels
shall be constructed of suitable size to maintain and secure the keeping of the
particular breeds of dogs and to allow fOf sufficient space fOf dogs to exercise
freely. All surfaces shall be constructed of matefial to provide fOf propef cleaning,
drainage, maintenance, and othef needs of the dogs.
B. A CUffent rabies certificate and list of dog tags for each dog to be kept in the
Kennel.
D. A statement that the applicant will at all times keep the animals in accordance
with all conditions prescribed by the City or State, and that failufe to comply with
the conditions shall constitute a violation of this Section and shall be grounds for the
suspension or revocation of the license.
E. Othef information as may be fequired by the City or State.
420.02 Investigation. The local animal contfol officer shall conduct any necessary investigation
into the information pfovided on the application and may approve Of deny any license application
4- 14
1
I
I
I
I
I
I
I
,
I
I
I
I
1
I
I
I
I
I
I'
I
,
I
I
I
I
I
I
I
Chapter 4 Animals and Pets
made under this Section. He Of she may also impose conditions upon the issuance of a license to
ensufe compliance with this Section Of othef applicable parts of the City Code or State law, and
to protect the health and safety of others.
420.03 Issuance and Conditions of License. If appfoved, the license shall be issued by the City
Administrator. The license shall specify any festrictions deemed feasonably necessary to protect
any person Of neighbofing use from unsanitary conditions, unreasonable noise or odOfS, or other
unreasonable annoyance, and to protect the public health and safety. The license may be modified
from time to time, Of suspended Of fevoked by the local animal control officer for failure to
comply with the restrictions imposed upon the license. Any modification, suspension, or
revocation shall be effective only following at least ten (10) days notice to the licensee and an'
opportunity fOf the licensee to be heafd.
.
420.04 Denial of License. The local animal control officer may deny an application for a license
undef this Section fOf failure to provide fequired information; failufe to comply with the
provisions of this Section,.the license, or other applicable State or local regulation; if the facilities
are or become inadequate for their intended use; if a nuisance is or would be created; or if the
public's health or safety is or would be unreasonably endangered by the granting of the license.
The denial of a license under this Section shall be appealable to the City Council.
420.05 Fees. The fee for eithef an initial application fOf or a renewal of a license issued under
this Section shall be as set from time to time by the Council.
4- 15
City of Arden Hills
Chapter 4 Animals and Pets
420.06 Duration; Non-transferability. Kennel permits shall be for a pefiod of one calendar year
Of for the portion of the calendar year following the date of the application, and shall be
nontfansfefable.
.
Section 430 Cats
430.01 Nuisances. It shall be unlawful to own or possess any cat which destroys, damages, or
defiles pfoperty; that Cfeates an offense by way of noise, odor, Of otherwise; or that molests other
animals Of human beings. Any cat that shall conduct any of this behavior shall be declared a
public nuisance. No violation shall be found to have occurred, howevef, until after the owner has
been notified by the City of the cat's behavior.
430.02 Notice. Upon written complaint of a person stating that the acts committed by a cat, the
name and address of the person owning the cat, and the name and addfess of the person making
the complaint, the City shall notify the cat's ownef of the acts complained of and instructing the
ownef to restfain the cat from committing any additional acts.
430.03 Abatement. If a cat is found to constitute a nuisance undef this Section, and no owner
Of othef fesponsible party shall be ascertainable, the City may take whatevef action is deemed
appfopriate to abate the nuisance, provided that the cat shall not be destroyed except as pfovided
in Section 400.
4 - 16
..
,
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
City of Arden Hills
Chapter 4 Animals and Pets
Section 440 Wild and Exotic Animals
440.01 Prohibition. To protect the health, safety, and welfare of the citizens of the City, it shall
be unlawful to keep any wild Of exotic animals within the city limits, except as otherwise
permitted by this Section.
440.02 Temporary Permit. Any person desiring to keep a wild or exotic animal otherwise
prohibited by this Section within the city limits for the purpose of entertainment, exhibition, or
show purposes, Of as a public zoo volunteer or othef employee Of agent providing care to a zoo
animal, shall apply fOf a temporary Special Use Permit from the City Council. The permit may
be issued for a period of time not to exceed thirty (30) days and shall specify the conditions under-
which the animal(s) shall be kept.
440.03 Permanent Permits. Permanent special use permits allowing wild or exotic animals may
be issued to the following, provided all applicable zoning requirements are met:
a. Public zoos Of other institution engaged in the permanent display of animals.
b. Bona fide fesearch institutions
c. Vetefinary clinics
d. Monkeys tfained as pefsonal helpers and living with a handicapped person, except
that the permit shall be subject to annual review.
4 -17
City of Arden Hills
Chapter 4 Animals and Pets
440.04 Allowable Animals. The pfohibition of this Section and the requirement for a permit
shall not apply to the following, which shall be allowed in the city as a matter of right:
a. Non-poisonous or non-venomous snakes or other snakes not defined as wild or
exotic in Section 400.
b. Birds kept indoors
c. Mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, lizards, and other
small animals capable of being continuously kept in a cage.
440.05 Raising of Animals for Pelts. The raising of wild and exotic animals for pelts may be
permitted undef a Special Use permit. The applicant for the permit shall pfovide the City with
proof of insufance including public liability insurance with limits of not less than one hundred
thousand dollars ($100,000). The insurance shall pfovide coverage for liability fesulting from the
ownership or possession of the animal(s) being permitted.
440.06 Impounding of Animals. Any wild or exotic animal kept in violation of this Section may
be impounded by the City. Notice of the impoundment shall be provided to the owner. Unless
the impounded animal is reclaimed within five regular business days and either removed from the
City within the time limit established by the Councilor permitted by a special use permit, or
unless the ownef petitions the District Court fOf a determination that the animal is exempt from
the provisions of this Section, the animal may be destroyed or sold. Any person who feclairns
an impounded animal shall pay the cost of the impoundment at the time of the animals felease.
4 -18
'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
Chapter 4 Animals and Pets
440.07 Existing Wild and Exotic Animals. Anyone keeping Of maintaining a wild or exotic
animal at the time this Code is adopted shall have ninety (90) days in which to comply with the
pfovisions of this Section. The Council may grant an extension beyond the ninety days upon a
showing of good cause, but in no case shall the extension be viewed as a permanent exemption
from the requirements of this Section.
4 -19
"
..
e
e
e
--<
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 24, 1999
TO:
Mayor and City Council n'I
Brian Fritsinger, City AdministratotW
FROM:
SUBJECT:
Arden Manor Park Redevelopment
Background
Each year, the Parks and Recreation Committee reviews and evaluates the City's parks and looks
at needed park upgrades and replacement of playground structures. Arden Manor was
determined to be a high priority as a result of this process, and additional difection from the City
Council to develop a plan for utilizing the proceeds of the Park Fund.
The Parks and Recreation Committee met with fesidents of Arden Manor Mobile Home Park on
March 16, 1999, to discuss the potential redevelopment of Arden ManOf Park. At that meeting,
approximately eight (8) fesidents wefe in attendance to discuss theif ideas. Pfiof to this meeting,
staffhad sent surveys to each resident of the Mobile Home Park, soliciting input into the possible
features of the fedeveloped park.
The committee then discussed this project at its April and June committee meetings. Based on
discussions at these meetings, the committee is recommending that the City Council pfoceed
with the fedevelopment of the park.
What is the plan being recommended bv the Parks and Recreation Committee?
The committee is fecommending that the following improvements (see Exhibit B) be made to
the park:
.
Replacement of playstructure
Construction of new full-size basketball court
Completion of correction drainage impfovements
Completion of soil correction/sub-base
worklgfading/mobilization
Relocation of existing picnic shelter
$ 23,000
25,000
26,000
.
.
.
.
39,540
12.100
Total estimated cost
$125,640
What is the current condition of the park?
Staff has enclosed pictures (see Exhibit A) of the park as it currently sits today. All of the
various structures are in need of fepair or replacement. The pfimary cause for the condition of
the facilities is the poor quality of the soil present in the park.
. .
Memorandum, Arden ManOf Park Redevelopment Options .
Page Two
June 24, 1999
The park structures experience a great deal of heaving during the spring thaw, which has
damaged the facilities. In addition, the ongoing drainage problems have also caused damage to
the facilities.
Does the City own the land on which the oark is located?
No. The City obtained an easement to constrUct and provide park services at the time the Mobile
Home Park was constructed. As long as the Mobile Home Park exists, the City will be able to
maintain the park complex.
Whv is the City orooosinl! to undertake drainal!e imorovements?
To the best of staffs' knowledge, the City does not have any storm water easements within the
Mobile Home Park. As a fesult, the City has no legal responsibility for the drainage
improvements proposed as part of this project. The City has attempted, fOf many years, to
encourage the property owner to improve the drainage problems that exist in the park.
Previous staff members all met with, discussed and encouraged the drainage improvements with
Mr. Husnik, current property owner. The City Engineer had previously pfesented cost estimates
detailing the types of improvements necessary to correct the drainage. Mf. Husnik has been
feluctant to undertake the level of drainage improvements suggested by the City. Howevef, .
eventually, Mr. Husnik did improve the dfainage swale around the tennis courts, but did not
undertake any of the other improvements pfeviously suggested by the City.
The current design of the park area requifes a different drainage design than initially proposed
several years ago. The relocation of the structures, and the need to construct an access
trail/bridge fequires culvert construction. The bfidge over the dfainage area is necessary to allow
City maintenance equipment into the park. The construction of the garage shown on Exhibit A-
3/3 has limited our access to the park. The City could not maintain a skating rink in the pafk this
past winter, for the first time, because it could not access the site to flood the rink.
The City recently completed a drainage report that identified all of the areas within the
community that had a need for drainage improvements. 1bis area was rated "high" in terms of
the need for improvements.
The dfainage improvements proposed do not affect or improve any drainage problems that may
exist outside the impacted area. In addition, improvements projected by Ramsey County to
Highway 96 do not impact this drainage problem, Of any of the proposed general park
improvements.
Who would use these new facilities?
Using the recently acquired socio-economic data, the City has been able to map out the total
number and age of childfen currently residing in the Mobile Home Park.
.
e
e
e
Memorandum, Arden Manor Park Redevelopment Options
Page Three
June 24,1999
This data shows that the park has the largest concentration of childfen within the City. The
improvements proposed would be geared fOf those children.
What imnrovements were nrol!:rammed for 1999?
The City budgeted for two specific improvements to Arden Manof Park in 1999. Those two
improvements wefe:
· Playstructure =
. Full-size basketball court =
$23,000
$30,450
Where would the funds come from to nav for the imnrovements?
The funds for this project could come from the following sources:
.
Park Fund -- Sheltef/Basketball Court/Soil Correction
SWM Fund - Drainage Improvements
Park Maintenance Genefal Fund - Playstructure
Pfoperty Assessments - Dfainage Improvements
.
.
.
The current balance of the Park Fund is appfoximately $460,000. The Park Fund was
established from the proceeds of park dedication fees from developers, and other sources.
How would an assessment nroiect work in this case?
Under the Arden Hills Assessment Policy, the City has the authofity to assess fOf this type of
improvement project. Howevef, the City has never assessed a property owner under the policy
fOf a project of this nature. In addition, the City created the Surface Watef Utility Fund in 1993
to handle most drainage improvement projects.
Due to the nature of ownefship in the mobile home park, an assessment would most likely be the
responsibility of the property owner. The individual mobile home ownefs would not be difectly
assessed for these improvements. The property ownef could obviously use other means, such as
rent increases, to be feimbursed for the cost.
The City's Assessment Policy would fequire the City to determine the stormsewer taxing district
that would benefit the improvement. Pfiof to pfoceeding with an assessment, staff would
recommend additional research with the City Attorney on the potential stormwatef assessment.
Are there anv other reasons that mav sunnort nroceedinl!: with this nroiect?
The fesidents of Arden Manof are isolated from the remainder of the community. They currently
do not have a direct link to any of the City's other parks.
The design developed took into consideration park safety issues. All of the activities are
proposed to be felocated near the main building/emefgency shelter to alleviate safety concems.
"
Memofandum, Arden Manof Pafk Redevelopment Options
Page Four
June 24,1999
e
What improvements will take place in the remainder of the park?
None. The committee considefed additional improvements to the ball field, and other drainage
improvements. It was determined that the ball field afea could be left alone and used by
residents in its current condition for ball, soccer, kite flying, etc.
Two reasons for not undertaking more significant improvements were the lack of consensus by
residents as to the type of improvements they wanted, and to keep the cost of the overall project
more reasonable. Improvements to the remainder of the park would have most likely required
additional improvements for area drainage problems.
Options
The City has a couple of options available fegafding this project. There are some components
that could be eliminated to reduce costs.
I. Eliminate the proposed picnic shelter improvements.
2. Complete the project as recommended, subject to financial participation by the property
ownef (i.e., cash or assessments fOf drainage improvements).
3. Complete the project as recommended with the City incurring 100% of the cost.
4. Make a detefmination that the pfoject not be undertaken.
.
Recommendation
The Parks and Recfeation Committee is recommending to the Arden Hills City Council that the
following improvements be made to Arden Manor Park:
. Replacement of play structure
. Construction of new full-size basketball court
. Completion of correction drainage improvements
. Completion of soil correction/sub-base work
. Relocation of existing picnic sheltef
If the City Council supports this fecommendation, it should move to direct the City Engineer to
prepare the necessary plans and specifications fOf the project and to wOfk with the property
owner to obtain approval fOf the improved park service drive.
.
. 06/22/99 16:20 FAX 6123701378
HHW. INl,;,
~uu...
~
_RDEN MANOR PARK RENOVATION
ARDEN HillS, MINNESOTA
PRELIMINARY COST ESTIMATE FOR PARK IMPROVEMENTS
6/18/99
sire PREPARATION
1 Mobillza~on LS 1 $5,000.00 $5,000.00
2 General Stte Gredln AC 0.9 $5,600.00 $5,040.00
3 Removals not includin back st LS 1 $11,000.00 $11000.00
4 Common Borrow loose volfr CY 3500 $5.00 $17 500.00
5 Silt Fence LF 500 $2.00 $1 000.00
Parle 1m rovements
6 Besketball Court LS 1 $25,000.00 $25 000.00
7 Pie Structure LS 1 $23,000. $23,000.00
B En Ineered Flooclwe LS 1 $10,000.00 $10,000.00
9 Lend Brid e Culvert and Gradin LS 1 $16,000.00 $16,000.00
10 Reloceted Sheller LS 1 $5,000.00 $5 000.00
11 Sheller Foelln EA 4 $500.0 $2,000.00
12 Shelter Slab SF 900 $2.89 $2,600.00
13 Seed/Sod LS 1 $2 500.00 $2,500.00
TOTAL ESTIMATED CONSTRUCTION COSTS $125,640.00
e' ~_..:..
e
.
.
.
.
.
.
.
.
.
Exhibit A 3/3
e
e
e
ElCl-lr(&'r B 1/1..
Arden Manor
Park Rehabilitation ConceDt
General
Park rehabilitation to include construction of an expanded play structure, a full court basketball facility and
relocation of an existing picnic shelter. Flood control enhancements to include construction of a floodway
drainage swale between the pond within the park and an inlet which exists at the southeast corner of the
park. Also constructed in association with the drainage swale will be a land bridge over the swale that will
connect park facilities to the access drive and office complex which serves the park. Grading and landscape
improvements will generally reflect the need to elevate park facilities above demonstrated flood levels and
buffer the setback zones between park facilities and residences. Some miscellaneous park features such as
benches and trash receptacles should also be considered. The following is a breakdown of each facility
described in further detail:
A. Play Structure
The existing play structure has been sited in the middle of the park. As the smallest park feature, it seems
disconnected from the other non-field sport activities. Locating the play structure closer to the park office
and emergency first aid facility will enhance user safety. Existing shade trees within the new location will
also enhance use of the new facility. Expansion of this facility from 625 s.f. to 4,000 s.f. would provide
better play value and allow for greater demand. A hard surface accessible path from the structure to an
emergency access route is also recommended.
B. Basketball Court
The existing half court is a fenced facility with bituminous pavement. It is one of the more popular use
areas that exist among them all. It may be possible to let it remain and avoid costs associated with a total
replacement. The layout in that case would be restricting the area planned to provide flood protection. The
proposal therefore is to relocate it to higher ground and pave it in concrete which will provide a better slip
resistant surface and one that is more cost effective over time. The new location will remain close to the
office and will also be accessible from the proposed land bridge. Salvaging fence fabric should be
considered.
C. Open Channel FIoodway
Flooding is a chronic problem for the park which affects park use during peak season. As much as one
third of the park can be covered in water during a common flood event according to the residents. The
pond currently utilizes an outlet system that depends upon a 200', 10" diameter corrugated metal pipe
installed more than twenty five years ago at a minimum slope in this case that has likely silted in by now.
A supplemental ditch has been provided along the west side of the existing court facilities but the indirect
route will not handle the volume of flow in an efficient manner and divides the park uses further. The
proposed swale will replace the existing pipe and provide a maintainable solution to increasing flows over
time. A land bridge will span the swale utilizing drainage culverts sized to a capacity no less than the
existing structures draining the park to Round Lake.
D. Existing Picnic Shelter
The steel frame picnic shelter provides an enhanced picnic opportunity and should remain a part of the
park. Its elevation and relative proximity to the pond have placed it within flood prone areas. Its current
ground elevation is approximately 896. Proposed grading will elevate the other park facilities to
approximately two feet above this elevation. A minimum recommendation is to raise the structure higher
and infill around it. This would then require the grades in the current picnic shelter location to be raised
also. Further recommendation is to relocate the shelter closer to the other proposed park facilities to
consolidate the proposed area to receive fill. A new concrete slab under the shelter is included in the
preliminary cost estimate.
ii~j:t
'!inl
31
&i I
c
'=* ~
o -
_ "-
- -
!::l g
83
c
.2
e ~
#. ;::
- .Q
.0 0
.c
. -
- '"
1I1~
o
"-
.
~
~!
-,
<-
;i
~E
.
0-
0&
~
e
~
#~ c:r-
(-'\
'. J
. .'
~
~
; .-.--
l .. ...
j
i~
1
--~-
(:;'(/1//3/, r:>
i>I-./
-~
.,.. ~ ".~ /!T
\, "\/ " / ~
"', \ '-../ ~
" ~
" . "~,. \ ~
.
.
d
-
~
.,
t
"
"
"-
w...~._ _ "
. '" --'--'.--
C\ .--
':2 ..--.--
ifi ----
'"
tXH ,fj 'T '- I
Number of kids in Arden Manor Mobile Home Park
.
'~o=",:;:o:>'
N
A
Number of Children the ages of 3-5
[iiii;1 0 - 1 Children between ages of 3-5
III 2 - 5 Children between ages of3-5
_ 6 -15 Children between ages of3-5
_ 16 - 39 Children between ages of3-5
_ 40 - 65 Children between ages of 3-5
o 600 1200 1800 2400
3000 Feet
,
600
,
.
N
A
600
,
E}(l-{u8,'f C
Number of kids in Arden Manor Mobile Home Park
e
Number of Children between the ages of 6-11
r<u<;1 0 - 2 Children between ages of 6-11
III 3 - 8 Children between ages of 6-11
_ 9 - 24 Children between ages of 6-11
_ 25 - 78 Children between ages of 6-11
_ 79 - 204 Children between ages of 6-11
o 600 1200 1800 2400
3000 Feet
,
Number of kids in Arden Manor Mobile Home Park
.
.1 I
'--~
N
A
Number of Children between the ages of 12-14
I/xi/XI 0 - 1 Children between ages of 12-14
11II 2 - 4 Children between ages of 12-14
_ 5 - 14 Children between ages of 12-14
_ 15 - 27 Children between ages of12-14
_ 28 - 134 Children between ages of 12-14
o 600 1200 1800 2400
3000 Feet
,
600
,
,
Number of kids in Arden Manor Mobile Home Park
.
N
A
Number of Children between the ages of 15-17
I}.};;.I 0 - 1 Children between ages of 15-17
.. 2 - 4 Children between ages of 15-17
_ 5 - 11 Children between ages of 15-17
_ 12 - 26 Children between ages of15-17
_ 27 - 116 Children between ages of 15-17
o 600 1200 1800 2400
3000 Feet
,
600
,
CITY OF ARDEN HILLS
.
MEMORANDUM
June 28, 1999
DATE:
::~M: ::~~ :::::,::;s::nt to the City AdministratorW
SUBJECT: Community Development Department Activities Ma~~99
The following summarizes the activities of the Community Development Department for June of
1999.
Planninl! Commission - Julv of 1999
Case #99-04 City of Arden Hills, Creation of a Neighborhood Business zoning district,
Discussion Only. The Planning Commission will continue discussions on the
creation of a neighborhood business district. The district will take several
meetings to frame out befofe formal consideration is undertaken (ie., Summer
of 1999). Any particular thoughts about the types of uses, examples of good
neighborhood centers, or other thoughts would be appfeciated.
.
Case #99-10
Bethel College, 3900 Bethel Drive, Entry Way Monument & Gate. The
applicant is requesting approval to construct an entry way monument at the
west entrance of the college and a gate fOf the east entrance, both of which are
generally consistent with the Master Plan. The staff does still have some
concerns related to the proximity of the gate to STH #51.
Protective Inspections
1. Building Permits (June of 1999). The City issued nine commercia1lindustrial permits in
June. The fITst, Permit (#6521) was an interiorremodel ($73,000) at 6 Pine Tfee Drive.
The second, Permit (#6526) was for an interiof office remodel ($29,000) at 6 Pine Tfee
Drive. The third, Permit (#6527) was for an interior femodel ($40,000) at 3900 Bethel
Drive. The fourth, Permit (#6535) was for an interior remodel ($60,000) at 3900 Bethel
Drive. The fifth, Permit (#6549) was fOf an interior office remodel ($20,000) at 3499
Lexington Avenue. The sixth, Permit (#6572) was for an interior office remodel
($40,000) at 4201 Lexington Avenue. The seventh, Permit (#6594) was a feroof
($21,875) at 5420 Highway 8. The eighth, Permit (#6596) was for installing bathrooms
($8,925) at 3549 Lexington Avenue. Lastly, the ninth, Permit (#6600) was for excavation
($2,300) at 4251 Pernwood Avenue.
In June, the City issued sixty-seven fesidential remodeling permits, which fanged in value
from $800.00 to $50,150.00, had a total value of$578,734.00 and had an avefage value
of$8,637.82.
.
2.
Sign Permits (June of 1999). The City issued one sign permit (wall) to Java Jungle at
3151 Lake Johanna Boulevard.
3.
Shared Building Inspector (Shoreview). The Cities of Shoreview and Arden Hills
shared building inspector (Jeff Thill) has started. Jeff spent his first week learning the
two cities and the two systems that those cities use to conduct building inspections. Jeff
is spending the mornings with the Arden Hills and the afternoons with Shoreview. Dave
is glad to have Jeff on board to assist with paperwork and inspections.
4. PTWin and GIS Demo. The Community Development Department made a concerted
effort in January of 1999, to make the City's Building Permit software (PTWin) fully
integrated with the City's mapping software (ArcView GIS) and its Word Processing
software (Microsoft - Word). For the most part, the linkages between those software
packages are complete. The Building Official (Dave Scherbel) and the Department
Secretary (Susan Holmes) have been working on data entry, as time allows. I am
anticipating that the system will be operating smoothly by mid-summer and would like to
do a demonstfation at a late summer worksession.
5. 6 month review of 1999. The Staff will include with the July Department Head report a
review of building activities for the fust half of 1999.
Code Enforcement
1. Microsoft Access and GIS Demo. The Community Development Department pfesented
to the City Council information on the electronic code enforcement system. The reports
and maps provided with that memorandum contained the up to date information on active
code enfofcement acti vi ties.
Miscellaneous
1. WHAT! No Variances? The Staff recently talked to the Roseville city stafffegarding
their recently implemented "setback permit" process. Essentially, in an attempt to spur
additional feinvestment in an aging housing stock and avoid the hardship finding required
for a variance, the City ofRoseville developed the administratively approved "setback
permit" (Exhibit A). The "setback permit" allows for a reduction for a principal or
accessory strUctures front, side, or fear yard setback if a set of criteria are met. As the
Arden Hills continues to struggle with variances in the southern thifd of the community,
this may be an intefesting way of providing those homeowners with a certain amount of
flexibility to add value to their property.
2. This Old House. The Legislature in 1993, created a tax incentive plan to spur residential
reinvestment in older fesidential homes (essentially a residential TIF program). The
program targets homes with a value below $150,000 that are older than 35 years old
(Exhibit B). The program is scheduled to end on December 31, 2002. Given that the
program is ending, does the City Council want a newsletter article done on the subject Of
a difect mailing to the apparently eligible homeoWllefs?
,
.
.
.
f d1.hrf A ~
.
CITY OF ROSEVILLE
ORDINANCE #1215 - SETBACK PERMITS
Section 1013.05.
Procedure for Setback Permit.
A. Purpose. The purpose of the setback permit is to encourage residents to upgrade
and improve theif properties, while maintaining the overall character of the
community.
B.
Procedure For Setback Permit. An owner ofland may file an application for a
setback permit as defined in subsection I below by paying the fee set forth in
Section 1014.03 of this Title and providing a completed application and
supporting documents as set forth by the Community Development Department.
The application shall then be referred to the Development Review Committee as
set forth in subsection 2 of this Section. In the event that the Committee and
contiguous property owners unanimously recommend approval of said setback
permit, the setback permit may be issued by the Community Development
Director. In the event the setback permit is not issued by the Community
Development Director, or if the applicant does not find the conditions placed on
such a permit per subsection 1013.05 (B)(10) acceptable, the applicant may
proceed as provided in Section 1013.02 and the original fee shall be applied to the
fee as required fOf a variance.
.
1. A "setback permit" is a reduction of the front, side or rear yard setbacks of
principal and accessory structures in eithef R-l or R-2 Districts, or to the
residential driveway restrictions in subsection 703.04B ofthis Code.
2. The Development Review Committee shall be appointed by the City
Manager and shall include the Community Development Difector. For the
purpose of setback permit review and recommendation, the Development
Review Committee shall be advisory to the Community Development
Director. The Community Development Director (or designee) may also
fequest review of applications from othef City departments or public
agencies. (Current members ofthe Development Review Committee
include the Community Development Director, Chief Code Enforcement
Officer, Public Works Directof (Of designee), City Managef (or designee),
City Planner, Park & Recreation Director ( or designee), Police Chief (or
designee), and Fire Marshall)
3. The Community Development Difector ( or designee) shall, in writing,
seek comment from contiguous property OWllefS before considering a
request for a setback permit.
.
1f~
4.
The Community Development Difector (or designee) shall schedule and
administrative hearing before the Development Review Committee, the
time and place for which shall be set by the Community Development
Director (or designee). The applicant and contiguous property owners
shall be notified by the Community Development Director (or designee) of
such time and place in writing not less than five (5) days prior to such
hearing. The Community Development Director (or designee) may inform
additional property owners if a determination is made that such additional
notification is merited.
.
5. In addition to other requirements of this Section, the Committee, in
recommending appfoval of setback permits, shall find that a minimum of
eight (8) of the following site conditions are present:
a.
b.
One car garage or less is located on the site.
The proposed project improves the design or livability of the
structure.
The proposed project improves the terrain or a drainage issue.
The original reason or need for the setback permit was not create
by the current owner.
The existing improvement along with the proposed improvement
retain a minimum of70% of the pervious surface and green space
of the lot.
The proposed project creates no other setback or variance
conditions.
The proposed pfoject improves the aesthetics, covered storage, or
the functional use of the site.
The proposed project uses the same exterior structure materials and
colors as the principal structure and accessories.
The final building mass is consistent with that on contiguous
properties.
The building or driveway expansion/addition does not place mOfe
vehicles adjacent to living quarter first floor bedrooms of adjacent
homeowners.
The drainage and roof gutters guide water away from the structure
and adjacent structures.
The roof is properly proportioned to and integrated with the foof of
the principal structure (dwelling) on the property.
.
c.
d.
e.
f.
g.
h.
1.
J.
k.
1.
6. A setback permit shall not reduce the principal structure side yard required
setback by mOfe than 70% Of be closer than three (3) feet to a property
line.
7.
A setback permit shall not reduce the principal structure front Of rear yard
required setback by mOfe than 20% or be closer than twenty-four (24) feet
to a front Of fear property line.
.
3/,
.
8.
A setback permit shall not feduce the accessory structure side Of rear yard
required setback by more than 70% or be closer than three feet (3) feet to a
pfoperty line.
9. A setback permit shall not reduce the setback of a driveway by more than
70% or allow a driveway to be closer than two (2) feet to a property line.
As an exception, driveways existing priOf to October 26, 1998, and located
closef than two (2) feet to a property line may be replaced with a setback
permit provided all othef applicable provisions of the Section are met.
10. The Community Development Difectof may add conditions to a setback
permit in order to mitigate the impact of the feduced setback on adjacent
properties. The Development Review Committee may recommend such
conditions to the Community Development Directof: howevef, only the
Community Development Director has the authority to impose such
conditions.
11.
A contiguous property owner(s) may appeal the Community Development
Director's administrative decision regarding the granting of a setback
permit by filing a written appeal to the City Council with the City
Manager within ten (10) days ofthe action granting the setback permit.
The City Council shall take up the appeal at a fegular Council meeting
within thirty (30) days of the appeal. (The authority to hear appeals of an
administrative decision is given to the City Council acting as the City's
Board of Zoning Adjustment and Appeal through Minnesota Statute
462.354)
.
12. If the requirements listed in this Section cannot be achieved by the
applicant, the variance procedure (Section 1013.02) shall apply. All
encroachments greater than those described in this Section shall adhere to
the variance procedure and shall have a demonstrated physical hardship as
defined by State Statute.
13. Properties granted setback permits under this Section shall not be allowed
further encroachments into the reduced setback area as allowed under this
subsection 1012.02B.
Section 1014.03. Fees. To defray administrative cost of processing applications for
rezoning, variances, conditional use permits, setback permits, vacations of streets or
alleys or building relocation, a fee shall be paid by the applicant in an amount set by the
City Council and kept on file in the City Manager's office. Pees shall be payable at the
time applications are filed with the City Managef and are not refundable unless
application is withdrawn prior to feferral to the Planning Commission.
.
IMPORTANT INFORMATION !~.b,.,. 6
Please Read
'I.
3
The Legislature, in its 1993 session, passed a law to exclude from the property tax all or a portion of
8e value of improvements made to homes 35 years of age or older (Article 5, section 13 of the
""mnibus Tax Bill). The law is designed to provide owners of older and deteriorated homes with an
incentive to restore or renovate their houses. In turn, it is hoped that this will ultimately lead to the
preservation or revitalization of older neighborhoods in cities, and the restoration of aging homes in
rural communities.
The exemption applies to improvements made to homesteads any time during the ten year period
beginning January 3, 1993 and ending December 31, 2002. Ifthe construction of an improvement
began before January 3, 1993, only the portion constructed after January 2, 1993 qualifies for the
exclusion. This exemption onlv applies to improvements that actually add market value.
Qualifications for The Home Improvement Value Exclusion
Often, work done to a house, particularly an older house, is necessary or routine maintenance and doesn't increase
the value of the property. For example, reshingling a roof, painting the house, repairing a foundation, and replacing a
plumbing fixture are all necessary maintenance and don't usually increase the value of a property.
Also, improvements made to different areas of a house typically result in greater or lesser returns. For example,
remodeling or improving a house's service areas (kitchen, laundry, and bathroom) will generally yield the greatest
return to the owner. Finishing basements or attics will have a lesser return.
Although these considerations may vary from house to house and market to market, it is very rare to receive a dollar
for dollar return between the cost of an improvement and the amount of value added to the house.
1. The Improvement Exclusion only applies to homestead property and then only on the HOUSE and a "TWO-CAR GARAGE.
. The home must be at least 35 years old at the time of the improvement.
3. The current Estimated Market Value of the property must be $150,000 or less (or less than $300,000 if located in Lauderdale).
The City of St. Paui has no estimated market value limit.
4. A building permit MUST HAVE BEEN ISSUED prior to the start of the improvement.
5. An application must be submitted by June 30 of the calendar year following the year the work is started (i.e., file in 1998 for
work started in 1997). Late applications will be accepted but are subject to penalty.
6. If a home is moved onto a lot from within the state and was at its previous site at least 35 years, part of the improvement may
qualify for the exclusion.
7. The PERCENTAGE of the Assessor's Estimated Market Value which can qualify for the exclusion is:
- 1 00% if the structure is 70 years old
. 50% if the structure is 35-69 years old
8. The MAXIMUM dollar amounts which can qualify for the exclusion are:
_ up to $50,000 worth of the Assessor's Estimated Market Value for improvements to a structure that is 70+ years old
_ up to $25,000 worth of the Assessor's Estimated Market Value for improvements to a structure that is 35 to 69 years old
($50,000 x 50%)
9. The MAXIMUM number of improvements that can be deferred under this program is three (3). Once an improvement qualifies
and is placed on the assessment, it will not be changed or replaced by another improvement.
10. The qualifying value is fixed for the duration of the exciusion; however, the market value of the property could change each
year depending on the conditions in the real estate market.
e. The sum of the qualifying improvement values will be subtracted from the total value of the property for ten (10) years. After
the ten years, 20% will be added back in each of the five (5) subsequent assessment years.
12. The value exclusion will terminate if the property is sold or the property is reclassified to a class which does not qualify for this
exclusion.
?'(3
RAMSEY COUNTY "THIS OLD HOUSE"
APPLICA nON FOR EXEMPTION FROM THE PROPERTY TAX OF
IMPROVEMENTS MADE To HOMES 35 YEARS OF AGE OR OLDER
.
Read the back of this application before filling it out.
Parcel ID Number:
Name of property owner
Property address
City
Zip Code + 4
Check this box if you are receiving the homestead classification for this property: 0
Date you acquired property:
Check this box if you have previously filed for "This Old House" exemption: 0
Fill in the number of the building permit you obtained for construction of the present improvement(s):
Check type of residence: Single family 0 Duplex 0 Triplex 0
Other 0
Describe in detail the improvement,sl construction or replacements which will be made:
.
Month and year construction is expected to begin:
Month and year construction is expected to be completed:
Estimated cost of the improvements:
Year the house was built:
Date
Daytime Telephone
Signature
Return Completed Form to:
TOH
Department of Propert}' Records & Revenue
840 RCGC West
50 West Kellogg Boulevard
St. Paul, MN 55102-1657
.
Properties eligible for "This Old House" program
~
N
A
u . __ "\. ~.~
<> 0'0 r:==:=>V
____________..n -~---T........----..-.---
D Properties eligible for This Old House Program
[)
f:~~~
o \ @illi;
it. ,l. ~
..~"" '
2000
L
o
2000
4000
6000
8000
10000 Feet
--'
June 28, 1999
e
.
e
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 23, 1999
TO:
Brian Fritsinger, City Administrator
Terrance Post, City Accountant @
June, 1999 Finance Department Report
FROM:
SUBJECT:
Staff Trainine:
Both Sandy Berres and Celine Sytko have been attending EXCEL software training classes
sponsored by I.S.D. No. 621 Community Education.
On June 29, 1999, Terry Post will be attending the Minnesota Taxpayefs Association annual
member meeting. Commissioner of Revenue Matt Smith will speak on the process and
timeliness for tax reform. Later, Dorothy McClung will be one of several panelists discussing
the cfitical steps and key obstacles to tax feform.
Current Month Activities
I. Support staff, as Capital Improvement Plan (CIP) budgets are refined. Incorporate cash
flow analysis into long-range CIP. Also work with City Administrator on Pay Plan
assumptions.
2. Evaluate residential watef meter bids with Public Works Director.
Next Month Activities
I. Issue second quarter 1999 utility billing on a timely basis.
2. WOfk with othef staff to develop fifst roll-up of Year 2000 operational budget, including
priofitizing incfemental spending items to achieve Council stated objective of zero dollar
levy increase.
3. Based upon level of Council support for suggested policy changes in Utilities Chapter of
recodification effort, develop felated specific ofdinance language.
4. Attempt to convince Arden Manor property owner of buy-in for corrective drainage
project costs felated to Arden Manor Park improvements.
5.
Work with Public Works Director and Townhouse Association representatives to advance
meter/valve feplacement project at both the Pemtom South and North Associations.
e
e
e
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 23, 1999
TO:
Brian Fritsinger, City Administrator C'iItr-
Thomas J. Moore, Parks and Recreation Director ~ d. ~
Monthly Department Report
FROM:
SUBJECT:
Parks and Recreation Committee
. Neighborhood meetings held for feplacement of the Playground structure at Arden Manor
Park and Arden Oaks Park
. Playground structure to be replaced at Arden Oaks Park at the end of July.
. Met with Bethel College to determine possible field usage by Arden Hills Recreation,
provided Bethel builds a new outdoor recreational facility.
. Reviewed site plans provided by BRW concerning drainage issues at the possible future site
of the Playground structure at Arden Manor Park.
. Reviewed materials on the possible extension of the Round Lake Trail.
. Reviewed the 1999 Budget as well as the year 2000 CIP items.
. Two members retired Ms. Megan Ricke and Ms. Lynette Kreidler.
Parks
. I have met with the Parks & Recreation Department Difectors from the surrounding
communities. In addition I have met with Representatives from Ramsey County Parks.
. Ramsey County Park Watch program has been initiated.
. 49 volunteefs planted 16 flowerbeds
. Three Seasonal Part time staff has been hired.
. Attended Minnesota Recreation & Parks Association ( MRP A) regional & District meetings
Memorandum, 1999 Monthly Department Report
Page Two
June 23, 1999
.
. Attended the North Metro, Park & Recfeation Difector's meeting
. Met with the Minnesota DNR and the University of Minnesota, Recreational Studies
Division to discuss the possibility of securing a volunteer student intern.
Recreation
. Michelle Olson has been hired as the Program Supervisor
. 56 programs were offered this spring
. 67 programs are offered for the summer
. 40 Adult Softball Teams are participating in three summer leagues; Men's Women's and
Mixed.
. 16 seasonal part time staff have been hired
. 52 parents are volunteering as Youth coaches this summer
e
e
4
e
e
e
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
June 23, 1999
TO:
Brian Fritsinger, City Administrator
Dwayne Stafford, Public Works Director ~ .
FROM:
SUBJECT:
Public Works Department, Monthly Report
1998 Street Improvement Proiect
The general contractor on the 1998 Street Improvement Project has completed most ofthe punch
list items compiled last fall. Some concrete and sod work remains to be replaced, but overall the
project looks good.
Gateway Boulevard
Lametti and Sons did a good job on the whole pfoject, right up to the pavement which was
subcontracted. The City is not pleased with the final lift of pavement, and has had conversations
with the City Engineer on what to do. The City Engineer has been in contact with the contractor,
and repair options are being considefed.
West Round Lake Road. Phase I
The street is starting to take shape. All ofthe pipe wOfk is complete and the water main has been
pressure-tested. The pond, which will handle all of the Phase I run off plus a substantial amount
ofthe new Highway 96 run off, is complete except for the overflow to Round Lake. The black
dirt piles are slowly going down as material is sold.
BRW Street Re-Ratinl!
BRW pefsonnel have walked all of the City streets and recorded data for entry into a
computerized maintenance program which will generate a pavement condition fating. This work
is now in progress.
Lift Station No.3 UDl!rade
Final grading around the station is now complete and the Jay Brothers portion of the project is
now finished. The City expects some settlement to occur, as the contractor was not required to
replace unsuitable soils. Gfanular material furnished by the City was used under and immediately
around the new structure. (Unsuitable soil is typically replaced only if a fOad or structufe is to be
built on it.)
New Generator
The City took possession oftheir new emergency generator last month, and tried it out on sevefal
lift stations assisted by a Caterpillar technician and all went well.
)
Memorandum, Public Works Department, Monthly Report
Page Two
June 23, 1999
e
The Difectof was unhappy that some of the decals were already coming unglued and a lot of
scratches occurred during the modifications to Arden Hills specifications. Zeigler (Caterpillar
supplier) agreed to fepaint/decal the generator and it looks good and is ready to go.
The department also had an adaptef made up so the City can use Shofeview's generator if
needed. These additions have raised the comfort level of the Public Works Department a great
deal in our feadiness to being prepared during storm conditions.
Vactor
The Vactor sewer maintenance machine has been ordefed, but is not expected until fall.
MacQueen Equipment, the Vactof supplief, has been asked to demo one again at the City's gfit
chambers, which are all about half full.
Eascment Machine
The easement machine has been ordered and both cities anxiously await this machine, as each
city has areas that have been overlooked for years, due to accessibility problems. Delivery on
this machine is expected by August.
Public Works Department Activities .-
In addition to the normal day-to-day activities, the Public Works Department has been working .
on the following items this past month.
. Crack sealing
. Another force main repair on Highway 96
. Catch basin and curb replacement on Benton Way and Wyncfest
. Cleaned out Guidant Pond outlet and seeded (trees and brush causing back up removed) on
the north side of County Road F near Fernwood
. Formed, reinforced and poured concrete around 36" bfoken pipe causing sink hole on County
Road F near Fernwood
. Set up and femoval of voting booths and signs at Precincts fOf I.S. D. No. 621 Bond
Referendum
. Rebuilt check valves at No.8 Lift Station (Ingefson and Hamline)
Public Works Director
Significant project on which the Public Works Director has been working this past month
included:
. Specifications fOf fesidential watef meter replacement, with sump inspection alternate
. Easement machine joint purchase
. Codification
. Pemtom South valve and water metef feplacement
.
(
e
e
e
Memofandum, Public Works Department, Monthly Report
Page Three
June 23, 1999
. Mr. Husnik, water pressure problems at Arden Manor Mobile Home Park
. Pressure tests on Balfany's Red Oak Addition (Thom Drive)
. Ffiskies and Bethel odor problems
. Steve Nelson issues on County Road D and Cleveland Avenue
. Arden Hills water consumef confidence report
. Budget Issues
. Tony Schmidt Park utility connections
. West Round Lake Road, Phase I, monitoring
. Inspect 1998 street projects
The Public WOfks Department has one seasonal worker (Gfant Raykowski) this year, who also
wOfked fOf the City two years ago. Grant is a college student, and does a great job for the City
and is well liked by all of his fellow employees in the department.