HomeMy WebLinkAboutCCP 07-09-2001
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AGENDA
CITY COUNCIL MEETING, CITY HALL
***MONDAY, JULY 9, 2001, 6:30 P.M.***
City Philosophy
To provide a basic and necessary scope of quality services
through the innovative and purposeful use of resources.
7:30 P.M. 1.
. 7:30 P.M. 2.
7:30 P.M. 3.
8:00 P.M.
8:05 P.M.
.
Call to Order
Approval of Meeting Agenda
Public Hearing - Lake Johanna Ordinance
a. Discussion
b. Adopt Ordinance #330, Amending Chapter l2 of the Arden
Hills City Code, Article II, Division I and II, The Surface Use
of the Waters of Lake Johanna
4.
Consent Calendar
Those items listed under the Consent Calendar are considered to be routine by the City Council.
and will be enacted by one motion under a Consent Calendar fannat. There will be no separate
discussion of these items, unless a Council member so requests, in which event, the item will be
removed from the general order of business and considered separately in its normal sequence
on the agenda.
a. Claims and Payroll
5.
Public Comments
This is an opportunity or citizens to bring to the CouncilCs 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.
Arden Hills, MN . 55112-5794
City of Arden Hills . 4364 West Round Lake Road
Phone (651) 633-5676 . Fax: (651) 633-7839
www.ci.arden-hills.mn.us
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AGENDA - PAGE TWO
CITY COUNCIL MEETING, CITY HALL
MONDAY, JULY 9, 2001, 6:30 P.M.
t
.
8:20 P.M. 6. Unfinished and New Business
a. Planning Cases
1. Case #00-39, Right-of-Way Ordinance
A. Adopt Ordinance #326, Amending Chapter 8
of Existing City Code, Adding Article VI,
Section 8-60, Incorporation of Right-of-Way
Management Regulations
B. Adopt Ordinance 327 Relating to Ordinance
#326, Incorporation of Right-of-Way
Management Regulations to the City Code,
Adding Chapter 360
2. Erosion and Sediment Control Ordinance #331
b. Final Pay Request, Allied Blacktop, 2001 Sealcoating
Project
c. Change Order #4, Rochon Construction, City Hall Project
d. Joint Fire Board, Approval of Expenditure
e. Lake Josephine East Cul-de-sac Construction Update
f. Keithson Pond Easement Acquisition, Proposed Settlement .
9:00 P.M. 7. Administrator Comments
9:15 P.M. 8. Council Comments
9:45 P.M. 9. Adjourn
The above times may vary depending upon length of issue discussion.
.
.
Tentative Julv Meetinl! Schedule
Meeting dates, times and locations are subject to change.
Please contact City Hall for the most current schedule.
July 4
July 9
July 9
July 10
July II
July 12
July 18
July 19
July 16
July 24
July 25
July 30
.
Holiday
Comprehensive Park Plan 7: 00 P.M.
Neighborhood Meeting
(Presbyterian Church
Of the Way - Shoreview)
Council Meeting
7:30 P.M.
Comprehensive Park Plan 7:00 p.m.
Neighborhood Meeting
(presbyterian Homes -
3220 Lake Johanna Blvd.)
Comprehensive Park Plan 7:00 p.m.
Neighborhood Meeting
(City Hall)
Comprehensive Park Plan 7:00 p.m.
Neighborhood Meeting
(City Hall)
(Planning Worksession)
Planning Commission
6:30 P.M.
7:30 P.M.
Operations & Finance
Committee
7:00 P.M.
Council Worksession
4:45 P.M.
Parks & Recreation
Committee
7:00 P.M.
Communications
Committee
NOT
SCHEDULED
Council Meeting
7:30 P.M.
Tentative Anl!ust Meetinl! Schedule
Meeting dates, times and locations are subject to change.
Please contact City Hall for the most current schedule.
August I (Planning Worksession) 6:30 P.M.
Planning Commission 7:30 P.M.
Angnst 13 Council Meeting 7:30 P.M.
August 16 Operations & Finance 7:00 P.M.
Committee
August 20 Council Worksession 4:45 P.M.
August 27 Council Meeting 7:30 P.M.
August 28 Parks & Recreation 7:00 P.M.
Committee
August 29 Communications 7:00 A.M.
Committee
! Ju 1-06-2001 10:24
From-PETERSON FRA~ BERGMAN
6512261753
T-4TT P,OOI/003 F-663 ~(:~
Warren E. Peterson
. Jerome P. Filla
DanIel Wit( f'ram
.leon 1\. Bergman
hn Michael Miller
ichael T. Oberle
StC:llcn H. Brun:s~
Paul W. FOinnir\g,
Esther E. McGinnis
JeHrey I. Cohcn
. ,_ PEfERSCl'J"" , "
FRAM .",BERGMAN
..'_. .-.- - "._--_..~~-~_. .
Suite 300
')0 Ea~I Fifi:h.$rreet
St, PIi"I, MN 5110]"] ]97
16511 291~8955
IOSl) 128-115'3 facsimile
~(j>~")
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W~~O~ .{/:\)!J~1
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C-\. -
FAX COVER LmER
Fax Number: (651) 228-1753
Date:
July 6. 2001
Time: \ D~3o~~
Please deliver the following pages to: Terry Post
From:
Jeroma P. Filla
. Total number of pages including this cover letter: 3
File Name: Arden Hills Y. Reiling
File :#: 10450.900001
Sent by:
Tanya P. Theil
Fax:# Sent to: 651.633.7839
This transmission consists of confidential information which is intended and designated
onlv for the person named above. If you receive this transmission by mistake, please
call 651-291-8955 (collect) and request the fax operator.
HARD COpy TO FOLLOW BY MAIL X YES NO
.
....L~0 ADMI1'TED 11'1 WI5C'ON'jlf',l
Jul-OS-ZOOI 10:24
From-PETERSON FRA~ BERGMAN
6512281753
T-477 P 00Z/003 F-aS3
Warren E. Peterson
Jerome P. Filla
Daniel Will Frcln!
_on A. Be..~mi:Jn.
n Michael Miller
enacl 1. Oberl~
Steven H. Brtln5~
Paul W, Fahnin{!;
Esther E. McGinnb
l~tfn:y 1_ Coh~n
PITERSQ\J" " ,
FWVY1 .~~!iG~
SlJite 300
50 Easl Fifth $[(.tec
St, Paul. MN \5101-11Q7
(651t 291-8'J')l)
1651, 228-1 i~3 fac:sJmlle
O;,o<t Di.1 #(651) 290-6907
July 6, 200 I
Terry Post, Finance Direcwr
City of Arden Hills
4364 W. Round Lake Road
Arden Hills, MN 55112
VLt FACSIMILE NO. (651) 633.7839
RE: Arden Hills v. Reiling
Condenmation Proceeding
PF&B File No. 10450.900008
Dear Terry:
.
It is my understanding that the Reiling Pond matter will be on the City Council Agenda for
July 9, 2001. I am recommending that the City accept the Proposed Settlement and
authorize the City Administrator to sign the SenlementAgreement for the following reasons:
1. The arnount of the Proposed Settlement (Original Appraised Value of
Property + Anomey' s Fees + Rebate of Surface Water Utility Fee apportioned
to the Permanent Easernent Area) is approximately equal to the revised City
Appraised Value.
Original Appraised Value (paid)
$l6,680.00
Anorneys Fees
$ 3,000.00
Rebate (Approx)
Total
$ 450.00
$20,130.00
Revised Appraised Value
$]9J40.00
$ 990.00
2.
The "Fanners Pond" is not a delineated wetland and could be filled in
pursuanl to the City's Consulting Engineer.
.
'ALSo) AnMli'Tf'[') li'l wL::'(:()~~ll'<
,
From-PETERSON FRAM BERGMAN
POOI/OOI
Jul-08-2001 10:24
.
.
.
8512281751
T-m
Hi!
July 6, 2001
Page 2
3. The area of the permanent easement is large enough to accommodate all
Surface Water Drainage from the Reiling Property and the overflow from the
Keithson Avenue Sedimentation Pond.
4. The Reiling Property must be developed in accord with the City's
Development Regulations.
As you know Mr. and Mrs. Reiling were awarded a much higher amount by the Court
Appointed Commissioners. After the Commissioners hearing and pending the appeal. the
City paid Mr. and Mrs. Reiling 3/4 of the Commissioners award as is required by state law.
Mr. and Mrs. Reiling have already returned this payment.
In sumrnary the City would need to make a payment of approximately $3,450.00 to Mr. and
Mrs. Reiling in order to settle this case. In addition, the City is agreeing not to include the
area of the Permanent Easemem when calculating furore Surface Water Utility Fees for the
Reiling Property. If the agreemem is approved by the City, the easement will be recorded
and the law suit will be dismissed. If the City does not accept the Settlement Proposal, this
case is scheduled for trial on July 23, 2001.
This matter does not need to be discussed at an executive session unless the City Council
prefers to handle it in that manner. If you have any questions or if you would like me to
rnake an appearance at the Council Meeting, please let me know.
Very truly yours,
JPF :tpt
enclosures
cc: Joe Lynch (Via fax & U.S. Mail)
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07/06 09:53
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07/06/01 FRI 08:36 FAX 6516345137
City of Arden Hills
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*** TX REPORT ***
*********************
1116
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07/06 08:34
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07/06/01 FRI 08:38 FAX 6516345137
City of Arden Hills
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TRANSMISSION OK
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*** TX REPORT ***
*********************
1117
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07/06 08:36
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07/06/01 FRI 08:40 FAX 6516345137
City of Arden Hills
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1118
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07/06 08:3S
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07/06/01 FRI 08:42 FAX 6516345137
City of Arden Hills
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*** TX REPORT ***
*********************
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
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RESULT
1119
96512282191
07/06 08:41
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07/06/01 FRI 08:54 FAX 6516345137
C1ty of Arden Hills
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1125
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07/06 08:53
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07/06/01 FRI 08:44 FAX 6516345137
City of Arden Hills
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CONNECTION ID
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RESULT
1120
96514821262
07/06 08:43
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07/06/01 FRI 08:47 FAX 6516345137
CIty of Arden HIlls
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TRANSMISSION OK
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*********************
1122
96512669301
07/06 08:46
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07/06/01 FRI OS:49 FAX 6516345137
CIty of Arden HIlls
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TRANSMISSION OK
TXlRX NO
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CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
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*********************
... TX REPORT ...
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1123
96123701378
BRW, INC.
07/06 08:48
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07/06/01 FRI OS:5I FAX 6516345137
City of Arden Hills
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CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
*********************
... TX REPORT ***
*********************
1124
96516461220
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07/06 08:50
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EN HILLS
MEMORANDUM
TO: Mayor City Council
FROM: Joseph Lynch, City Administrator
SUBJECT: Lake Johanna Surface Water Use Ordinance
DATE: June 27, 2001
ENC: Lake Johanna Surface Water Use Ordinance
City Attorney Letter
Draft Changes to Ordinance 330
Ordinance 181
Backl!round
At your regular City Council meeting on June 11, 2001, you held a public information meeting
regarding the City's lake surface use regulations for Lake Johanna; specifically, Chapter 12 of
the City Code. Based upon a citizen complaint about the lack of buoys indicating the 250 foot
distance from shore for the enforcement of the 5 m.p.h. speed zone, the Council did desire to
hear public comment on the enforcement of that regulation. The direction given to the City
Attorney was to draft changes to the ordinance reflecting either change the mandatory placement
of the buoys to permissive language or removal of the section.
Enclosed within is a copy of the draft changes to Chapter 12 (Lake Surface Use Regulations) of
the City Code with the changes to section 12-19 making it permissive for the City to place buoys
in Lake Johanna and enforce the 250 foot 5 m.p.h. speed zone.
A copy of the letter received from City Attorney Filla is enclosed for your reference and
information as well as a copy of our complete Chapter 12 (Lake Surface Use Regulations).
Those portions recommended for deletion are shown in strikeout and those portions that are new
to the ordinance are shown in italics. Also included is a copy of Ordinance 181 which is the
original ordinance regulating the surface use of the waters at Lake Johanna including the lake
zoning map referred to in the original language. Those portions of the original ordinance with
the specific section in Chapter 12 are noted.
,
Memorandum ~ Lake Johanna Surface Use Ordinance
June 27,2001
Page 2
e
The City Attorney and City staff agree that the City should change the language in section 12-19
to make it permissive rather than mandatory to place buoys in the lake and enforce the 250 foot,
5 m.p.h. speed zone from shore. Eliminating the language and not having the ability at some
point in the future to enforce those regulations means having to go through process of
renotification and language change to the ordinance at that time. If the City Council is in favor
of the language as proposed, the Council will need to pass the ordinance at a public hearing and
pass along their changes to the Department of Natural Resources (DNR) for their review and
approval. The changes do not become effective until approval from the DNR. Kim Elverum of
the DNR received a copy of the proposed changes for his review. He made minor comments and
has indicated to me that based upon the minor change to the ordinance it would take the DNR
approximately 2-3 weeks to circulate the changes and get final approval. At that time the City
should publish the ordinance with the changes as approved by the DNR.
Recommendation
City staff recommends the City Council approve Ordinance 330, an Ordinance relating to Lake
Surface Use Regulations, Amending Article 2, Division 1, Sections 12-16 through 12-19 and
Article 2, Division 2, Sections 12-27 and 12-32. Staff further recommends that the City Council
direct City staff to forward the changes to the DNR for their review and approval and publication ..
upon acceptance by the DNR. ,.,
e
e
e
e
CITY OF ARDEN HILLS
COUNTY OF RA.l\1SEY
STATE OF MINNESOTA
ORDINANCE NO. 330
AN ORDINANCE AMENDING
CHAPTER 12 OF THE ARDEN HILLS CITY CODE,
ARTICLE II, DIVISION I AND II
THE SURFACE USE OF THE WATERS OF LAKE JOHANNA,
On the 9th day of July, 2001, the Arden Hills City Council adopted an amendment
to Chapter] 2 of the Arden Hills City Code, Article II, Division I and II, and by
affirmative votes pursuant to Minn. Stat. ~412.l91, Subd. 4, directed that a
summary of the Ordinance be published.
The amendments to Chapter 12 will become effective the day following
publication of the Ordinance Summary.
A copy ofthe Ordinance is available for inspection by any person during regular
business hours at the office of the City Administrator, 4364 Round Lake Road, Arden
Hills, Minnesota 55112.
ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Publication Date: Published on the
of
, 2001.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
e
ORDINANCE NO. 330
AN ORDINANCE AMENDING
CHAPTER 12 OF THE ARDEN HILLS CITY CODE,
ARTICLE II, DIVISION I AND II
THE SURFACE USE OF THE WATERS OF LAKE JOHANNA,
12.16 Purpose. Intent and Application. As authorized by Minnesota Statutes ~ 459.20, as
now in effect and as hereafter amended, this article is enacted for the purpose and
with the intent to control and regulate the use of the waters of Lake Johanna (62-78),
T. 30, R. 23, S. 33-34, Ramsey County, Minnesota, a body of water located entirely
within the boundaries of the City of Arden Hills, to promote its fullest use and
enjoyment by the public in general and the citizens of the City of Arden Hills in
particular; to insure safety for persons and property in connection with the use of said
waters; to harmonize and integrate the varying uses of said waters; to fulfill a demand
for the regulation of said waters as indicated by citizens of the City of Arden Hills
who responded to questionnaires circulated by the City as to the need for such
regulations; and to promote the general health, safety and welfare of the citizens of
Arden Hills. (Ord. No. 181, ~ 1, 10-28-74)
12.17
Adoption and Incorporation bv Reference of Minnesota Waters and Watercraft
Safetv Laws and Boat and Water Safety Rules and Re!!ulations Promul!!ated bv
the Minnesota Department of Natural Resources. The Minnesota Waters and
Watercraft Safety Laws, Minnesota Statutes Chapter 86B.OOl-86B.815, as amended,
and the Boat and Water Safety Rules and Regulations promulgated by the State of
Minnesota Department of Natural Resources, Minnesota Rules 6110.0100-6110.2300,
as amended, are adopted and incorporated herein. At least three (3) copies of said
Waters and Watercraft Safety Laws and Boat and Water Safety Rules and
Regulations, so adopted, shall be marked as official copies and filed in the office of
the Clerk-Administrator. (Ord. No. 181 ~ 2, 10-28-74)
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12.19 Enforcement and Notification of Public. The city police department shall be
authorized and entitled to enforce the provisions of this chapter in conjunction with
and in addition to officers and deputies of the County Sheriff s Office, whether or not
said officers of the city police department are deputized by the county sheriffs office.
(Ord. No. 181, ~6, 10-28-74)
12.27 Restricted Speed Zones
Subd. 1. Establishment and Desi!!nation Thereof. There is hereby established and
created a restricted speed zone between the shoreline of Lake Johanna and a line
approximately two hundred fifty (250) feet from the shoreline, and a restricted speed
zone encompassing the shallow area approximately near the center of Lake Johanna,
both as delineated on the Surface Water Zoning Map of Lake Johanna. (Ord. No. 181,
~ 4, (b)(l), 10-28-74)
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12.37
Non-sanctioned Racine: Prohibited. Racing, that is the participation of two (2) or
more operators of motorboats operating their motorboats in a competition of speed,
shall be prohibited on the waters of Lake Johanna unless the same takes place as part
of a scheduled or public race, regatta, tournament or other competition or exhibition
duly sanctioned by the county sheriff pursuant to Minnesota Statutes Chapter
86B.121, as amended. (Ord. No. 181,95,10-28-74)
Effective Date: This ordinance shall become effective the day following its publication.
Adovtion Date: Passed by the City Council of the City of Arden Hills
the day of 2001.
ATTEST:
DENNIS PROBST, MAYOR
e
JOSEPHP. LYNCH, CITY ADMINISTRATOR
of
,2001.
Publication Date: Published on the
e
12 - 2
LAURENCE M N'ELSON
1909 ~ 2000
STEPHEN L. NELSON & ASSOCIATES
AITORNEYSATlAW
665 NOIUH SNELLING AVENUE
SAlNTPAUL, MINNESOTA 55104-1$93
(65 l) 646-5000
Fax (651) 642.2619
e
STEPHEN L. NELSON
LSG.A1- .ASSISTANT
SJiA'RON E. LYNCH
June 18, 2001
Mayor Dennis Probst, City Council Members
And City Administrator
City of Arden Hills
4364 West Round Lake Road
Arden Hills, MN 55112-5794
RE: City Ordinance Requiring Placement of Buoys on Lake Johanna
Dear Mayor Probst, Council Members and City Administrator:
I know that all of those present appreciated the opportunity to express their opinions about the City's e
placement of buoys on Lake Johanna at the June 11"' meeting. I think the unanimous consensus of
those present was that buoys should not be installed because they would be a safety issue and
unsightly.
There are several points I would like to reaffirm. First, I think one very important point brought up
by one of the city council members was glossed over very quickly. I believe she pointed out that
Lake Johanna has approximately 211 surface acres. According to your own engineer's (BWR?)
calculations, the removal of250 feet around the shore of Lake Johanna and the elimination of the
shallower center area would decrease the surface of the lake usable for boating activities down to only
120 acres. This obviously does not ,include the narrow areas that might extend into several of the
bays which would thus eliminate even more surface area since there would be insufficient room to
navigate. Thus over 43% of the surface area of Lake Johanna would be lost. This would essentially
condense the useable surface area to several very limited areas, and in fact I believe would increase
the safety concerns which the original ordinances were intended to eliminate. The limited speed zones
within 250 feet of shore have typically been found only on the larger lakes in the state which are many
times the size of Lake Johanna.
Another point to keep in mind is that ifbuoys are installed, a boat driver would not drive close to the
buoys because of the danger to any skier or tuber that he or she might be pulling. This too would
decrease the useable arell.. I was just notified by a client that her daughter was injured last Monday
up in the Brainerd area when her daughter struck a buoy while being towed by a boat. The buoy was
of a type similar to the type of buoy that would have to be installed on Lake Johanna. The buoy ..
caused a severe injury to her shoulder that resulted in many stitches and reconstruction of the girl's ,.,
shoulder.
\,c;"~'
i~~
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Mayor Dennis Probst, City Council Members
And City Administrator
City of Arden Hills
June 18, 2001
Page 2
The State rules currently allow for the creation of speed zones of 5 miles per hour within 100 or 150
feet of shore. Amending the ordinance to one of these distances would bring the City into conformity
with the State regs and rules now permitted and if 150 feet were to be used this distance would also
conform to the current personal water craft rules. As noted in the testimony, Lake Owasso and Prior
Lake (both are considerably larger than Lake Johanna) have adopted the 150 foot rule. It would also
expand the usable surface area making the lake safer. Almost all ofthe people I have talked to before
and after the meeting were of the opinion that limiting the lake to the surface area beyond 250 feet
would not improve safety butactually make the lake less safe because of the concentration of the use
in a much smaller area.
In regards to the restricted speed area consisting of the shallower portion in the center of the lake off
Northwestern College, a long time resident, Nancy Hanson. pointed out that the area was originally
full of tall bulrushes or reeds. This vegetation has been lost due to changes in the water level of the
lake over the years. The official DNR map indicates that most of the lake in this area is typically
deeper than 5 feet (see copy of enclosed DNR map which was taken from the Internet). With the loss
of the bulrushes and reeds and its depth, there is no real reason to keep this area limited to a reduced
speed zone. The area is poorly defined in the ordinance which makes the enforcement impossible
without the reeds being present to demarcate the area. I would encourage this area to be removed
from the 5 mph speed zone ordinance if you amend it. Under the current boating laws. neither the
City. County or the DNR has any duty to mark shallow areas. In the 15+ years I have lived on the
lake, I have not heard of any accidents caused by this shallow area.
I would also encourage the City Council to consider amending the ordinance to make it clear that the
State law allowing a motorized water craft to launch or drop off a skier in the restricted speed zone
is permitted. All of the other ordinances that I have reviewed which create a restricted speed zone
within a specified distance from shore have specifically provided for the launching and dropping off
of a skier or tuber. In addition; the adoption of such a rule would conform to the current State
personal water craft laws that are, irieffect. It is very unsafe to drop skiers far from shore and then
have to go back and pick them up. It is also very difficult to teach new skiers from deep water. I
have taught over 150 people to ski and I can assure you that without being able to help a new skier
in shallow water to correct his or her body position and to help control their skis, it would have been
very difficult.
In regards to any concerns about erosion, it was pointed out to the council that Lake Johanna is in
fact a holding pond for the runoff and drainage of many areas including the Roseda\e Shopping
Center area. Lake Johanna will often rise between 2 to 4 inches for each inch of raill received in the
area. Thus, the lake level goes up very rapidly. It was pointed out by 10llg time resident, David
Corlan. that there is also more erosion caused by the natural effect of wind creating waves that crash
into the shore and tunneling caused by muskrats and other animals. One resident also pointed out tbe
high banks cause hydrostatic pressure on the banks. Most residences around the lake have placed
rock and/or other materials and vegetation to prevent erosion. Most ofthe erosion is caused by wind
Mayor Dennis Probst, City Council Members
And City Administrator
City of Arden Hills
June 18, 2001
Page 3
e
driven water rather than waves created by boats. A boat's wake will be roughly the same height
regardless of whether the boat is traveling 150 feet or 250 feet from shore.
In summary, I would encourage the Council to amend the Ordinance Section 12-27 and Ordinance
Section 12-19 to remove the requirement of the installation of buoys and to remove the restricted
area in the center of the lake off Northwestern College. I would further request the Council to
consider eliminating the speed zone in the center of the lake and to reduce the restricted speed zone
from 250 feet to 150 feet from shore. Lastly, I would ask the City Council to adopt language similar
to that ofthe State personal water craft rules and of other ordinances to clarifY that a motorized water
craft is permitted to launch or land a skier in e)Ccess of the speed limit in any restricted zone.
Obviously, you will want to make any amendments or revisions to the Ordinances conditioned upon
approval from the DNR. '
Thank you for your considerations with respect to this matter.
Vel)' truly yours,
/6/
Stephen L. Nelson
e
SLN/dcs
Ene.
cc: Jerry Filla, Attorney (via fax)
Roberta Thompson
Nancy Hanson
Carolyn Mohn
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STEPHEN L. NELSON & ASSOCIATES
AITORNEYS AT LAW
665 NORTIi SNELLING 'A VENUE
SAINT PAUL. MINNESOTA SS104-1893
Phone (6S 1) 646-S000
FAJC (6SI) 642-2619
e
CONFIDENTIAL TELECOPIER TM.NSMITT AL SHEET
DATE:
June 18.2001 '
RECEIVING FAX NUMBER:
651-634-5137
TOTAL NUMBER OF PAGES SENT:
4 (including this cover sheer)
FILE REFERENCE:
, City <:if Arden Hills. Lake Johanna
ORIGINAL TO FOLLOW BY MAlt,:
NO
PLEASE DELIVER TO,
JOE LYNCH
FROM,
STEPHEN L NELSON
e
MESSAGE:
If rh<Te.re problems with 'hi. <ransmiosion odfyoll fail to receive aU ofthe page.,
pie.... caU 651-646.5000 or 651-6'+2.2600 and a.k to speak with Debra or Katie.
Thank YOIl.
... '" '" ...* ....JII,............ ....... ........ ........ '" ........
IMPORTANT
THE INFORMATION CONTAINED IN THIS f'ACSIMILE MESSAGE IS ATIORNEY PRIVILEGED AND
CONFIDENTIAL INFORMATlON"IN'fENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTlTI
NAMED ABOVE. IF THE READEROFTHIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DlS'ffilBUTION OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVE.D THIS COMMUNICATION IN
ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. ALSO. PLEASE RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS BY MAIL THANK YOU.
USERSISLN\AroenHi11..1tr
e
~ffibabit of l)uhlitation
\~~ ._--
l!Countr of ~amsrr
TALLEY DORNBUSCH
}ss.
,
,-' ; , ~~-' :
e
~tatr of :minnrsota
, being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as
SHOREVIEW BULLETIN
, and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A,02. 331A.07, and other applicable
laws, as amended.
,(B) The printed --,NOTICE OF PUBliC HEARING
which is attached was cut from the columns of said newspaper, and was printed and published
once each week. for
1
successive weeks; it was first published on WEDNESDAY, the
20~, and was thereafter printed and published on every
20TH
day of JUNE
to and including
, the
day of
, 20~; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
e
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ
"ABCDEFGHIJKLMNOPQRSTuvwxYZ
*abcdefghijklmnopqrsluvwxyz
BY:~ C(h ~~
,
TITLE Bookkeeper
Subscribed and sworn to before me on
fth,'S, 20T~ day of JUNE , 2001 .
_"" 11. Ii ~ihJu~..d-
Notary Public
"'Alphabet should be in the same size and kind of type as the notice.
C;.AA_'l......................AAA.............v"..........P.9
I " TONYA R. WHITEHfl8, ~
i~NOTA:.~~u;~~c~~N~~O'^, ~
". ~,' My Comrrl. Expires Jan. 31, :2cC5 ~
(1) [)'6il,,,~gf'''c!Y~l!l:008 'r'~Xe--pa7d. by
commercial users for comparable space
RATE INFORMATION
. $24.80 per coL inch
(2) Maximum rate allowed by law for the above matter . . . . . . . . . .
. $15.38 per col. inch
(3) Rate actually charged for the above matter. ....,.............. $
per col. inch
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1/01
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HI~LS
NOTICE OF PUB~IC HEARING
ON AN AMENDMENT TO THE CITY CODE
TO WHOM IT MAY CONCERN:
NOTICElS HEREBY GIVEN,-; that on
Monday, July 9, 2001, at 7:30 p.m., the Arden
Hills City Council wlll hold a Public HBering at
Arden Hills City Hall, COuncil Chambers, 4364
West Round lake Road, Arden HllIs, M\nn&-
sota on an Amendment to City COde, Chapter
12, Article II. Lake Johanna, specifically
Section 12.19 Enforcement, and Sectton 12.
2.7; Speed Zones, Establishment and
Designation.
The AmendmentS are on file and avaMable for
inspection at the office of the City Admini.
strator at Arden Hills City Hall, 4364 weet
Round Lake Road, Arden Hills. Minnesota.
AmJ person, in favor ,at, opposed to, or
interested in said Amendment will be heard by
me City Council at tl'letimeand pIece abOVe
stated.
Qated etArden Hills, Minnesota, thi9l15tt1 day
of June 2001,'
Joseph P. L~
clty_Admln1"'"
(8ul_' Juna.20, 2OQ1)
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CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/09/01 COUNCIL MEETING
CLAIMS PAID SINCE LAST COUNCIL MEETING (0612510ll
PAGE] OF 3
, ':"J: :$\\ll'llJjjjtJJJ ::C9MM~Nl$J'
'W
......-...-'...-.,..,:...;.>:.,.".,
:J:;K;,~:::::'<il<iMj~ :::JN1WQOlfJ"
1965]
]9652
19653
19654
19655
19656
19657
19658
19659
19660
1966]
19662
19663
19664
19665
19666
19667
19668
06122/01
06122101
0612210 ]
06/22/01
06/25/01
06/25101
06/25/01
06/2510 1
06/25101
06/25/01
06/25/01
0612510 ]
07102/01
07102101
07102101
07103101
07/03/01
07/03/01
North Star Ice
Ziegler
Sign-A-Rama
Midwest ASDhalt Corn
Fortis Benefits
Fortis Benefits
Health Partners
Lakes Country Service CoolJcrative
Minnesota Mutual Life
Twin City Unicvcle Club
Messerlv Don
Able Table Rental
AMB ProDertv Corn
E-Z Recvclim?:, Jne.
Affmitv Plus Federal Credit Union
leMA Retirement Trust ~ 457
Ramsev COllntv
Stanton Groun.FSA Denartment
76,68
601.73
2,065,08
],346,69
181.81
171.90
367.60
2.832.33
83,00
400.00
213.57
100,00
4.388.00
4,855.00
4,770.00
1,689.83
1 443,70
858,20
30 Baps Ice-50th Anniversfl.rv
Portable Generator-50th Anniversary
SiQ11s-50th Annivers3rv
Road Renair Material
June LonQ Term Disabilitv
Julv Short Term Disabilitv
Dental Insurance-Julv
Insurance-July
Julv Life Insurance
50th Anniversarv Performance
Exnense Reimbursement
Table Fee & Pick-un-50th Annivers::lrv
J ulv Rent & Gen Ooer Exoenses
June Service
First Julv Payroll
First Julv Pawoll
Mav Fuel Purchases
MedicallDavcare Reimbursement 06/22/01
Note: Checks for unpaid claims totaling $230,595.57 were mailed on June 26, 2001
after approval at the June 25, 2001 Council Meeting. They were check numbers
19583 -19650. This sequence corresponds to unpaid temporary numbers TOI - T68.
Check numbers 19581 -]9582 were used for alignment.
II Subtotal - Paid Claims
26.445,12 U
Paid Claims From Above -
26,445,12
Add Unpaid Claims, Page 3 of 3 -
32 169.42
Total Accounts Payable Claims
for Council Approval1 07/09/01-
58,614.54
,"ndY',,,,,,,,,n"l"y,bln'd,i..,,
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/09/01 COUNCIL MEETING
PAGE 2 OF 3
UNPAID CLAIMS REGISTER:
"," "....'.:.Ir' """'.:.1' Jiti\lJlijji ......-,.-......,. "'C':';':':';';':';"':';""';""':""':-"":':"::".;.,.",;,.",.,.;.:.;-;-; ~
"'ThI\lM:::::eIOllAU::' ..........-.._..-.......w....... ........-...-.-.-.-.-.-.-.-.........,,-.:.,.:.:....:...,.,.c.:....,.....:.".,-.
TOI 07/10/01 4 Imprint 542,85 Soort Fliers & Snort Bottles-50th Anniversarv
T02 07/10/01 Abdo, Eick & Mevers 350,00 Pren-State Auditors Renort
T03 07/10/0 I Berres Sandra 11.73 Mileage Reimbursement
T04 07/10/01 Biffs, Inc. 709,10 Portable Toilets-50th Anniversary
T05 07/10/0 I Blaine Medical Center 45,00 Winkel-CaC 3/26101
T06 07/10/0] Broadwav Awards 413.61 Lanvard & Baps-50th Anniversarv
T07 07/10/0 I BRW,lne, 6,085,37 En!?:inccrine Setvjces-M~
T08 07/10/01 Connellv Industrial Electronics 69.90 Booster Service-Blown Fuse
T09 07/10/01 CODY Rieht Printine & Granhics 488.84 Note CardslEnvelones/Gold Seals-50th Anniv.
TIO 07/10/01 Comorate Exnress 958.79 Office Sunnlies/Conv Paner
TII 07/10/01 Davies Water E~-ul~--Co. 65933 New Citv Hall Stonn SewerlUtilitv Supplies
TI2 07/10/0 I Diemer, Christ~er 22.84 Mileage Reimbursement
Tl3 07/10101 Earl F. Anderson 330.15 No Parking Silms-50th Anniversarv
T14 07/10/01 Ehlers & Associates 239.63 Ouick TIF 4.0-Unorade
TI5 07/10/01 ESS Brothers & Sons 319.50 New Citv Hall Stonn Sewer
Tl6 07/10/01 First Student, Inc. 1426.25 50th Atu1iversarv-Bus
TI7 07/10/01 Frattallone's Hardware 97,81 Mise Sunnlies 50th Anniv/Graffiti Removal
TI8 07/10/01 Gooher ~ort 18931 Youth Snorts E~ment
T19 07/10/01 Har Mar Lock & Service 13,69 City Hall & PW Kevs
no 07/10/01 Hvdro Suoolv Comoanv 2,097,00 3" Meter wrrrace-Mounds View Hip:h School
T2l 07/10/01 ICI Dulux Paint Centers 79,72 Field Marking: Paint
T22 07/10/0 I Ideal Advertising: Promo Items 651.60 Unifonn Purchases-New lop:o
T23 07/10/0 ] Indenendent Snorts Network 1,200,00 Umnire Services 6/5-6/21/01
T24 07/10/01 Jensen Bob 296.49 Exo Reimbursement-50th Anniversarv
T25 07/10/01 Johnson, Eric 47,00 Refund-ZK Basketball Carno
T26 07/10/01 Jollv Tvme Favors 66.34 Helium-50th Anniversarv
T27 07/10/0 I Kath Auto Parts 173,70 June Purchases
T28 07/10/01 Kellv Promotions, Inc. 183,20 Buttons-50th Anniversarv
T29 07110/01 Krie2er, Don 46,86 Exn Reimbursement-50th Anniversary
T30 07/10101 LTG Power Eouinment 602,86 Muffler/Power Pruner/Oil
T31 07110101 Maaco Auto Paintffi"; 1.000.00 Paint-#114 Cab & Parks Veh Doors
T32 07110101 Menards 424.94 Air Conditioner
Tl3 07110101 MAMA 16,00 Luncheon 2/1510 I-Lvnch
TJ4 07110/01 Micheal's 135,30 PlaVP'round Craft Sunnlies
TJ5 07110101 Midwest Asnhalt Com. 2,485.21 Road Renair Materials
T36 07/10/01 Miller, Mat1 15.56 Mileage Reimbursement
137 07/10101 Moore Tom 97,00 Exo Reimbursement-50th Anniversary
11 Total- U-;maid Claims 22,592.48 II
..ndyil<<ou","piI)'l1bk1<loill,,1
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CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 07/09/01 COUNCIL MEETING
UNPAID CLAIMS REGISTER:
PAGE 3 OF 3
"""" ,#":m,I6A1llt,:
T38
T39
T40
T41
T42
T43
T44
T45
T46
T47
T48
T49
T50
T51
T52
T53
T54
T55
T56
T57
T58
T59
T60
T61
07110101
07/10/01
07/10/0 I
07110/01
07110/01
07/]0101
07/10101
07110101
07/10/01
07/10101
07/10/01
07/10/01
07110/01
07110/01
07110101
07110/0]
07/10/01
07/10/01
07/10/01
0711 0101
07110101
07110/01
07/10101
07110/01
Natale's Catre, Inc.
NCPERS Grou Life Ins.
Northern
Pace Anal iea]
Post, Terrance
Precision Forms
Presb erian Homes
Purchase Power
Reed Fred
Ro 'al Concrete Pi e
Safety Kleen Co oration
Scherer Brothers Lumber Co.
. Seth Nelson Photo a hv
Short Elliott Hendrickson, Inc.
S rint pes
State of Iv1N-De 1 of Admin
Tar et Stores
TimeSaver Off-Site Secretarial
TeiareD Arts & Crafts, Inc,
Truck Utilities Mf . Com an
US Tennis Association
Verizon Wireless
Waste Mana ement.Blaine
Xerox Co oration
107,00
36,00
232,11
319,00
27,60
650,00
1.254,18
469,00
14,99
668.97
1l5.52
21.13
650,00
1,887,29
73,66
1.004,13
133,97
175,00
362,53
16,84
25,00
134.oJ
374.32
824,69
Subtotal, Page 3 of 3 -
Pa e 20f3 Bron ht Fonvard-
Total Un aid Claims---
9,576.94
22,592.48
32,]69.42
Reimb.-RC Tern License-50th Anniversa '
PERA Life-]ul
Ext Cords for 50th Anniv/8 Ton Bottle Jack
Water Testin -June
Milea e Reimbursement
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~
EN HILLS
MEMORANDUM
TO:
Mayor and City Council
Joseph Lynch, City Administratod~
FROM:
SUBJECT:
Right-of-Way Ordinance
Planning Case 00-39
DATE:
June 27, 2001
ENC:
Right-of-Way Ordinance
Backl!round
The City Council held a public hearing at their regular City Council meeting on June 11,2001, to
consider adoption of a right-of-way ordinance allowing the City to specifY how it managed its
right-of-way. The right-of-way Ordinance was provided as a model by the North Suburban
Communications Commission and presented to the Planning Commission at their November and
December 200 regular meetings for review. At the June 11,2001, regular City Council meeting,
City Council directed the ordinance be tabled until July 9 until such time to determine the issues
as raised by the former City Planner as outlined in her memorandum dated May 25, 2001, had
been incorporated into the ordinance including changing the time limits for restoration from 12
months to 36 months, and to ensure that the concerns of the City Attorney as expressed in his
letter dated June 7, 2001, were incorporated into the new ordinance.
Ordinance 326 is an ordinance which amends Chapter 8, Article 4, adding Section 8-60 to the
current City Code. Currently Chapter 8 deals with Excavations within the City and the
regulations thereof. Due to the fact we have not adopted our new City Code, this is a transition
ordinance bridging the gap between current City Code, Chapter 8, Excavations, incorporating
our right-of-way management regulations and our new City Code which you will adopt by
approving Ordinance 327. Ordinance 327 outlines Chapter 360 of the new City Code, an
ordinance relating to the right-of-way management.
From the former planner memorandum dated May 25, 2001, the following has been added or
modified in Ordinance 327:
.
,
Memorandum - Right-of- Way Ordinance, Planning Case 00-39
June 27,2001
Page 2
e
. Business District Definition, 360.02, Subdivision I, Letter B, Page 360-2,
modified to add language meaning that portion of the City within and bounded by
the streets to be subsequently designated.
. Equipment, 360.02, Subdivision I, Letter H, Page 360-3, shall mean any tangible
asset used to install, repair, or maintain facilities in any right-of-way or which
obstructs any right-of-way.
. Restore or restoration, 360.02, Subdivision I, Letter T, Page 360-4, shall mean the
process by which an excavated or obstructed right-of-way including, but not
limited to, pavement and foundation is restored to new or better condition than
before the commencement of excavation.
.
Permit Application, 360.04, Subdivision 7, Letter B, Page 360-9, requirements
shall include submission of a completed permit application form, including all
required attachments and scale drawings showing the location of all existing
roadways and public or private utilities, area of the proposed project, and the
location of all existing and proposed equipment.
e
. Right-of-way Restoration, Section 360.05, Subdivision 1, Page 360-10. All
restoration periods increased from 12 months to 36 months.
. Installation Requirements, Section 360.15. In accordance with Minnesota
Statutes 237.162, Subdivision 8 (3), 237.163, Subdivision 8 . . . shall be done in
conformance with engineering standards adopted by the "PUC".
. Undergrounding, Section 360.16, Subdivision 1, Page 360-18 requires unless
otherwise permitted by an existing franchise or Minnesota Statute 216B.34, or
unless existing above ground equipment is repaired or replaced, or unless
unfeasible such as in the provision of electric service at certain voltages, new
construction, the installation of new equipment, and the replacement of old
equipment should be done underground or contained within buildings where the
structures conform with applicable codes.
Recommendation
City staffrecommends City Council adopt Ordnance 326, an Ordinance relating to construction
within public right-of-way management; adding Article 4, Section 8620 of the current municipal
code. Staff also recommends City Council adopt Ordinance 327, an Ordinance adding Chapter
360 relating to right-of-way management relating to City Code, and order a summary publication ..
of Ordinance 327. ..
e
360.01
e
tit
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 327
AN ORDINANCE ADDING CHAPTER 360
RELATING TO RIGHT-OF-WAY MANAGEMENT
TO THE CITY OF ARDEN HILLS MUNICIPAL CODE
Findings and Purpose
Subd. 1. In order to provide for the health, safety and well being of its citizens, as
well as to insure the structural integrity of its streets and the use of the Right-of-Way,
the City strives to keep its Rights-of-Way in a state of good repair and free from
unnecessary encumbrances. Although the general population bears the financial
burden for the upkeep of the Rights-of-Way, a primary cause for the early and
excessive deterioration of its Rights-of" W ay is their frequent excavation by persons
whose equipment is located therein.
Right-of-Way obstruction is a source of frustration for merchants, business owners
and the general population which must avoid these obstructions or change travel or
shopping plans because of them and has a detrimental effect on commerce. Persons
whose equipment is located within the Right-of-Way are the primary cause of these
frequent obstructions.
The City recognizes that it holds the Rights-of-Way within its geographical
boundaries as an asset in trust for its citizens. The City and other public entities have
invested millions of dollars in'public funds to build and maintain the Right-of-Way. It
also recognizes that some persons, by placing their equipment in the Right-of-Way
and charging the citizens of the City for goods and services delivered thereby, are
using this property held for the public good. Although such services are often
necessary or convenient for the citizens, such persons receive revenue and/or profit
through their use of public property.
The Minnesota Legislature has recognized that it is in the public's interest that the use
and regulation of Rights-of-Way be carried on in a fair, efficient, competitively
neutral, and substantially uniform /nanner, while recognizing such regulation must
reflect distinct engineering, construction, operation, maintenance, and public and
worker safety requirements and standards applicable to various users of Rights-of-
Way. Further, the Legislature has determined that because increasing numbers of
persons may seek usage of Rights-of-Way, municipalities such as the City must be
and have been authorized to regulate use of Rights-of-Way. Consistent with this
mandate, the City has endeavored to model its Right-of-Way regulations consistent
with those of models enacted or under consideration by municipalities throughout the
state. Further, the City has endeavored to create competitively neutral Right-of-Way
standards and regulations of general applicability.
360 - 1
360.02
In response to the foregoing, the City hereby enacts this new Chapter of this Code
relating to Right-of-Way permits and management together with an ordinance making
necessary revisions to other Code provisions. This Chapter imposes fair, efficient, e
competitively neutral, uniform, and reasonable regulations on the placement and
maintenance of equipment currently within its Rights-of-Way or to be placed therein.
This Chapter is intended to complement the regulatory roles of state and federal
agencies. Under this Chapter, persons disturbing and obstructing the Rights-of-Way
will bear a fair share of the financial responsibility for their integrity. Finally, this
Chapter provides for recovery of out-of-pocket and projected costs from persons
using the public Rights-of-Way.
A. Legislative Power. By enactroent of this Chapter, the Council desires to
exercise its lawful police power and common law authority, and all statutory
authority which is available to it, including, but not limited to, the powers
conferred on it under Minn. Stat. 99237.162 and 237.163, while preserving all
power and authority to further require franchises from Right-of-Way users
under Minn. Stat. 99216B.36, 222.37, 300.03, and 4112.11, and other
provisions oflaw.
Definitions
Subd. 1. The following definitions apply in this Chapter of this Code, (hereinafter,
"this Chapter"). References hereafter to "Sections" are, unless otherwise specified,
references to Sections in this Code. Defined terms remain defined terms whether or
not capitalized. e
A. Annlicant. "Applicant" shall mean any person requesting permISSIOn to
excavate or obstruct a Right-of-Way.
B. Business District. "Business District" shall mean that portion of the City
lying within and bounded by the streets to be subsequently designated:
C. City. "City" shall mean the City of Arden Hills, Minnesota. For purposes of
this Section, City means its elected officials, officers, employees, agents or
any commission, committee or subdivision acting pursuant to lawfully
delegated authority.
D. Citv Cost. "City Cost" shall mean the actual costs incurred by the City for
managing Rights-of-Way including, but not limited to, registration of
applicants; issuing, processing, and verifying Right-of-Way permit
applications; revoking Right-of-Way permits, inspecting job sites; creating
and updating mapping systems; determining the adequacy of Right-of-Way
restoration; restoring work inadequately performed; maintaining, supporting,
protecting, or moving user equipment during Right-of-Way work; budget
analysis; record keeping; legal assistance; systems analysis; and performing
all of the other tasks required by this Chapter, including other costs the City
may incur in managing the provisions of this Chapter except as expressly ..
prohibited by law. .,
360-2
E.
Citv Inspector. "City Inspector" shall mean any person authorized by the
City to carry out inspections related to the provisions of this Chapter.
tit
F. De!!fadation. "Degradation" shall mean the accelerated depreciation of the
Right-of-Way caused by excavation in or disturbance of the Right-of-Way,
resulting in the need to reconstruct such Right-of-Way earlier than would be
required if the excavation did not occur.
G. Emef!!ency. "Emergency" shall mean a condition that (a) poses a clear and
immediate danger to life or health, or of a significant loss of property; or (b)
requires immediate repair or replacement in order to restore service to a
customer.
H. Eanipment. "Equipment" shall mean any tangible asset used to install, repair
or maintain facilities in any right-of-way or which obstructs any right-of-way.
I. Excavate. "Excavate" shall mean to dig into or in any way remove or
physically disturb or penetrate any part of a Right-of-Way, except
horticultural practices of penetrating the boulevard area to a depth ofless than
12 inches.
1.
Excavation Permit. "Excavation Permit" shall mean the permit, which,
pursuant to this Chapter, must be obtained before a person may excavate in a
Right-of-Way. An excavation permit allows the holder to excavate that part of
the Right-of-Way described in such permits.
e
K. Excavation Permit Fee. "Excavation Permit Fee" shall mean money paid to
the City by an applicant to cover the costs as provided in this Section.
L. Local Renresentative. "Local Representative" shall mean the person or
persons, or designee of such person or persons, authorized by a registrant to
accept service and to make decisions for that registrant regarding all matters
within the scope ofthis Chapter.
M. Obstruct. "Obstruct" shall mean to place any tangible object in a Right-of-
Way so as to hinder free and open passage over that or any part of the Right-
of-Way.
N. Obstruction Permit. "Obstruction Permit" shall mean the permit which,
pursuant to this Chapter, must be obtained before a person may obstruct a
Right-of-Way, allowing the holder to hinder free and open passage over the
specified portion of a Right-of-Way by placing equipment described therein
on the Right-of-Way for the duration specified therein.
O.
Permittee. "Permittee" shall mean any person to whom a permit to excavate
or obstruct a Right-of-Way has been granted by the City under this Chapter.
e
P.
Person. "Person" shall mean any natural or corporate person, business
association or other business entity including, but not limited to, a partnership,
360 - 3
a sole proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any of the foregoing, or any other legal ..
entity which has or seeks to have equipment located in any Right-of-Way. ..
Q. Probation. "Probation" shall mean one (I) year from the date that a person
has been notified in writing that they have been put on probation.
R. Re!!istrant. "Registrant" shall mean any person who (I) has or seeks to have
its equipment located in any Right-of-Way, or (2) in any way occupies or
uses, or seeks to occupy or use, the Right-of-Way or any equipment located in
the Right-of-Way and, accordingly, is required to register with the City.
S. Restoration Bond. "Restoration Bond" shall mean a performance bond or
letter of credit posted to ensure the availability of sufficient funds to assure
that Right-of-Way excavation and obstruction work is timely and properly
completed and shall be sufficient to restore the Right-of-Way.
T. Restore or Restoration. "Restore or Restoration" shall mean the process by
which an excavated or obstructed Right-of-Way including, but not limited to,
pavement and foundation is restored to new or better condition than before the
commencement of excavation.
U.
Restoration Fee. "Restoration Fee" shall mean an amount of money paid to
the City by a permittee to cover the cost of restoration.
e
v.
Ri!!ht-of-Wav. "Right-of-Way" shall mean the area on, below, or above any
real property in which the City has an interest including, but not limited to any
street, road, highway, alley, sidewalk, parkway, park, skyway, or any other
place, area, or real property owned by or under the control of the City,
including other dedicated Rights-of-Way for travel purposes and utility
easements.
W. Service or Utilitv Service. "Service or Utility Service" shall include, but is
not limited to, (I) those services provided by a public utility as defined in
Minn. Stat. 9216B.02. Subd. 4 and 6 (1996), (2) Telecommunications Right-
of-Way user, pipeline, community antenna television, cable communications,
fire and alarm communications, water, electricity, light, heat, cooling energy,
or power services, (3) the services provided by a corporation organized for the
purposes set for in Minn. Stat. 9300.03 (1996), and (4) the services provided
by a district heating or cooling system.
X. Supplementarv Anplication. "Supplementary Application" shall mean an
application made to excavate or obstruct more of the Right-of-Way than
allowed in, or to extend, a permit that had already been issued.
y. Telecommunications Ri!!ht-of-Wav User. "Telecommunications Right-of-
Way User" shall mean a person owning or controlling a facility in the Right- e
of-Way, or seeking to own or control the same, that is used or is intended to
be used for transporting telecommunication or other voice or data information.
360 - 4
e
360.03
360.04
e
tit
For purposes of this Chapter, this definition shall not be inconsistent with
Minn. Stat. 9 237.162 Subd. 4.
Z.
Unusable Eauinment. "Unusable Equipment" shall mean equipment located
in the Right-of-Way which has remained unused for one (I) year and for
which the registrant is unable to provide proof that it has either a plan to begin
using it within the next twelve (12) months or a potential purchaser or user of
the equipment.
Regulation
Subd. 1. Administration. The City may designate a principal City official
responsible for the administration of the Rights-of-Way, Right-of-Way permits, and
the ordinances related thereto. The City may delegate any or all of the duties
hereunder.
Registration, Bonding and Right-of-Way Occupancy
Subd. 1. Each person which occupies, uses, or seeks to occupy or use, the Right-of-
Way or any equipment located in the Right-of-Way, including by lease, sublease or
assignment, or who has, or seeks to have, equipment located in any Right-of-Way
must register with the City. Registration will consist of providing application
information to and as required by the City, paying a registration fee, and posting a
Restoration Bond.
The Restoration Bond required in this Section, shall be in an amount sufficient to
cover 125% of the cost ofremoving the registrant's equipment located or proposed to
be located under the surface of the Right-of-Way and restoring the Right-of-Way
thereafter, or in such lesser amount as may be determined by the City, taking into
account the amount of Equipment in the Right-of-Way, the location and method of
installation of the equipment, the conflict or interference of such equipment with the
equipment of other persons, and the purposes and policies of this Chapter.
A. No person may construct, install, repair, remove, relocate, or perform any
other work on, or use any equipment or any part thereof located in any Right-
of-Way without first being registered with the City.
B. Nothing herein shall be construed to repeal or amend the provisions of a City
ordinance permitting persons to plant or maintain boulevard plantings or
gardens or in the area of Right-of-Way between their property and the street
curb. Persons planting or maintaining boulevard plantings or gardens shall not
be deemed to use or occupy the Right-of-Way, and shall not be required to
obtain any permits or satisfy any other requirements for planting or
maintaining such boulevard plantings or gardens under this Chapter.
However, excavations deeper than 12 inches are subject to the permit
requirements of this Chapter.
Subd. 2. Right to Occupy Rights-of-Way; Payment of Fees
360 - 5
A. Any person required to register under this Chapter, which occupies, uses, or
places its equipment in the Right-of-Way, is hereby granted a right to do so if ..
and only so long as it (I) timely pays all fees as provided herein and (2) ..
complies with all other requirements of law.
B. The grant of such right is expressly conditioned on, and is subject to, the
police powers of the City, continuing compliance with all provisions of law
now or hereinafter enacted, including this Chapter as it may be from time to
time and, further, is specifically subj ect to the obligation to obtain any and all
additional required authorizations, whether from the City or other body or
authority.
Subd. 3. Franchise; Franchise Supremacy
The City may, in addition to the requirements of this Chapter, require any person
which has or seeks to have equipment located in any Right-of-Way to obtain a
franchise to the full extent permitted by law, now or hereinafter enacted. The terms of
any franchise which are in direct conflict with any provision of this Chapter, whether
granted prior or subsequent to enactroent to this Chapter, shall control and supersede
the conflicting terms of this Chapter. All other terms of this Chapter shall be fully
applicable to all persons whether franchised or not.
Subd. 4. Registration Information
A. The information provided to the City at the time of registration shall include, e
but not be limited to:
I. The registrant's name, Gopher One-Call registration certificate
number, address and e-mail address if applicable, and telephone and
facsimile numbers.
2. The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a local representative. The local representative or
designee shall be available at all times. Current information regarding
how to contact the local representative in an emergency shall be
provided at the time of registration.
3. A certificate of insurance or self-insurance:
a. Shall be on a form approved by the City,
b. Verifying that an insurance policy has been issued to the
registrant by an insurance company licensed to do business in
the State of Minnesota; or is covered by self-insurance which
the City determines to provide the City with protections
equivalent to that of a Minnesota licensed insurance company,
legally independent from registrant, e
360 - 6
c.
Verifying that the registrant is insured against claims for
personal inj ury, including death, as well as claims for property
damage arising out of the (I) use and occupancy of the Right-
of-Way by the registrant, its officers, agents, employees and
permittees, and (2) placement and use of equipment in the
Right-of-Way by the registrant, its officers, agents, employees
and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of
underground equipment and collapse of property,
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d. Naming the City as an additional insured as to whom the
coverages required herein are in force and applicable and for
whom defense will be provided as to all such coverages,
e. Requiring that the City be notified thirty (30) days in advance
of cancellation of the policy, and
f. Indicating comprehensive liability coverage, automobile
liability coverage, workers compensation and umbrella
coverage in amounts established by the City of the office of
risk and employee benefit management in amounts sufficient to
protect the City and carry out the purposes and policies of this
Chapter.
.
4.
If the registrant is a corporation, a copy of the certificate required to be
filed under Minn. Stat. 9300.06 (1996) as recorded and certified to by
the Secretary of State.
5. A copy of the registrants certificate of authority from the Minnesota
Public Utilities Commission, where the registrant is lawfully required
to have such certificate from said Commission.
6. Such other information as the City may require.
B. The registrant shall keep all of the information listed above current at all times
by providing to the City information of changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Subd. 5. Reporting Obligations
A.
Onerations. Each registrant shall, at the time of registration and by December
1 of each year, file a construction and major maintenance plan with the City.
Registrants must use commercially reasonable efforts to anticipate and plan
for all upcoming proj ects and include all such proj ects in a construction or
major maintenance plan. Such plan shall be submitted using a format
designated by the City and shall contain the information determined by the
City to be necessary to facilitate the coordination and reduction in the
frequency of excavations and obstructions of Rights-of- Way.
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360 -7
1.
The plan shall include, but not be limited to, the following
information:
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a. The specific locations and the estimated beginning and ending
dates of all projects to be commenced during the next calendar
year (in this Section, a "Next-year Project"); and
b. The tentative locations and beginning and ending dates for all
projects contemplated for the first year following the next
calendar year (in this Section, a "Five-year Project").
2. The term "Project" in this Section shall include both Next-year
Projects and Five-year Projects.
a. By January 1 of each year the City will have available for
inspection in its offices a composite list of all Projects of which
it has been informed in the annual plans. All registrants are
responsible for keeping themselves apprised of the current
status of this list.
b. Thereafter, by February 1, each registrant may change any
Project in its list of Next-year Projects, and must notify the
City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time
join in a Next-year Project of another registrant that was listed e
by the other registrant.
B. Additional Next-vear Proiects. Notwithstanding the foregoing, the City may,
for good cause shown, allow a registrant to submit additional Next-year
Projects. Good cause includes, but is not limited to, the criteria set forth in this
Chapter, concerning the discretionary issuance of permits.
Subd. 6. Permit Requirement. Except as otherwise provided in this Code, no person
may obstruct or excavate any Right-of-Way without first having obtained the
appropriate Right-of-Way permit from the City to do so.
A. Excavation Permit. An excavation permit is required to allow the holder to
excavate that part of the Right-of-Way described in such permit and/or to
hinder free and open passage over the specified portion of the Right-of-Way
by placing equipment described therein, to the extent and for the duration
specified therein.
B.
Obstruction Permit. An obstruction permit is required to allow the holder to
hinder free and open passage over the specified portion of Right-of-Way by
placing equipment, vehicles, or other obstructions described therein on the
Right-of-Way for the duration specified therein.
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No person may excavate or obstruct the Right-of-Way beyond the date or
dates specified in the permit unless such person (1) makes a supplementary
360 - 8
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application for another Right-of-Way permit before the expiration of the
initial permit, and (2) a new permit or permit extension is granted.
Permits issued under this Chapter shall be conspicuously displayed at all tinIes
at the indicated work site and shall be available for inspection by the City
inspectors and authorized City personnel.
Subd. 7. Permit Applications. Application for a permit is made to the City. Right-
of-Way permit applications shall contain, and will be considered complete only upon
compliance with, the requirements of the following provisions:
A. Registration with the City pursuant to this Chapter.
B. Submission of a completed permit application form, including all required
attachments, and scaled drawings showing the location of all existing
roadways and public or private utilities, area of the proposed project, and the
location of all existing and proposed equipment.
C. Payment of all money due to the City for:
I. Permit fees and costs due;
2. Prior obstructions or excavations;
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3.
Any Joss, damage, or expense suffered by the City as a result of
applicant's prior excavations or obstructions of the Rights-of-Way or
any emergency actions taken by the City; and
4. Franchise fees, if applicable.
D. When an excavation permit is requested for purposes of installing additional
equipment, and the existing Restoration Bond is insufficient with respect to
the additional equipment, the posting of an additional or larger Removal Bond
for the additional equipment may be required.
Subd. 8. Issuance of Permit; Conditions
A. If the City determines that the applicant has satisfied the requirements of this
Chapter, the City may issue a permit.
B. The City may impose any reasonable conditions upon the issuance of a Permit
and the performance of the applicant thereunder in order to protect the public
health, safety and welfare, to ensure the structural integrity of the Right-of-
Way, to protect the property and safety of other users of the Right-of-Way, to
minimize the disruption and inconvenience to the traveling public, and to
otherwise efficiently manage use ofthe Right-of-Way.
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Subd. 9. Permit Fees
360 - 9
360.05
A.
Excavation Permit Fee. The excavation permit fee shall be established by the
City in an amount sufficient to recover the following costs:
1. The City cost;
2. The degradation of the Right-of-Way that will result from the
excavation;
3. Restoration, if done or caused to be done by the City.
B. Obstruction Permit Fee. The obstruction permit fee shall be established by
the City and shall be in an amount sufficient to recover the City cost.
C. Disruption Fee. The City may establish and impose a disruption fee for
umeasonable delays in excavations or obstructions.
D.
Pavment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of all fecs required prior to the issuance of such a
permit unless the applicant shall agree (in a manner and substance acceptable
to the City) to pay such fees within thirty (30) days of billing therefor. All
permit fees shall be doubled during a probationary period. Permit fees that
were paid for a permit which was revoked for a breach are not refimdable.
Any refimded permit fees shall be less all City cost up to and including the
date of refimd.
E.
Use of Permit Fees. All obstruction and excavation permit fees shall be used
solely for City management, construction, maintenance and repair costs of the
Right-of-Way.
Right-of-Way Restoration
Subd. 1. The work to be done under the permit, and the restoration of the Right-of-
Way as required herein, must be completed within the dates specified in the permit,
increased by as many days as work could not be done because of circumstances
constituting force majeure or when work was prohibited as unseasonal or
unreasonable under this Chapter all in the sole determination of the City. In addition
to its own work, the permittee must restore the general area of the work, and the
surrounding areas, including the paving and its foundations, to new or better
condition than existed before the commencement of the work and must inspect the
area of the work and use reasonable care to maintain the same condition for thirty-six
(36) months thereafter.
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A. In its application for an excavation permit, the permittee must restore the
Right-of-Way. If the City should choose to perform the Right-of-Way
restoration, the City shall require the permittee to pay a restoration fee to
provide for reimbursement of all costs associated with such restoration. The
City may, in lieu of performing the restoration itself, impose a fee to fully e
compensate for the resultant degradation as well as for any and all additional
City costs associated therewith. Such fee for degradation shall compensate the
360 - 10
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c.
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City for costs associated with a decrease in the useful life of the Right-of-Way
caused by excavation and shall include a restoration fee component. Payment
of such fee does not relieve a permittee from any restoration obligation.
1. City Restoration. Ifthe City restores the Right-of-Way, the permittee
shall pay the costs thereof within thirty (30) days of billing. If, during
the thirty-six (36) months following such restoration, the Right-of-
Way settles due to permittees excavation or restoration, the permittee
shall pay to the City, within thirty (30) days of billing, the cost of
repairing said Right-of-Way.
2. Permittee Restoration. If the permittee restores the Right-of-Way itself
at the time of application for an excavation permit, such permittee may
be required to post an additional performance bond in an amount
determined by the City to be sufficient to cover the cost of restoring
the Right-of-Way to its pre-excavation condition. If, thirty-six (36)
months after completion of the restoration of the Right-of-Way, the
City determines that the Right-of-Way has been properly restored, the
surety on the performance bond shall be released.
B.
The permittee shall perform the work according to the standards and with the
materials specified by the City. The City shall have the authority to prescribe
the manner and extent of the restoration, and may do so in written procedures
of general application or on a case-by-case basis. The City, in exercising this
authority, shall be guided but not limited by the following standards and
considerations:
1. The number, size, depth and duration of the excavations, disruptions or
damage to the Right-of-Way;
2. The traffic volume carried by the Right-of-Way; the character of the
neighborhood surrounding the Right -of-Way;
3. The pre-excavation condition of the Right-of-Way; the remaining life
expectancy of the Right-of-Way affected by the excavation;
4. Whether the relative cost of the method ofrestoration to the permittee
is in reasonable balance with the prevention of an accelerated
depreciation of the Right-of-Way that would otherwise result from the
excavation, disturbance or damage to the Right-of-Way; and
5. The likelihood that the particular method of restoration would be
effective in slowing the depreciation of the Right-of-Way that would
otherwise take place.
By restoring the Right-of-Way itself, the permittee guarantees its work and
shall maintain it for thirty-six (36) months following its completion. During
this thirty-six month period it shall, upon notification from the City, correct all
restoration work to the extent necessary, using the method required by the
360 - 11
360.06
360.07
360.08
City. Said work shall be completed within five (5) calendar days of the receipt
of the notice from the City, not including days during which work cannot be
done because of circumstances constituting force majeure or days when work e
is prohibited as unseasonal or unreasonable under this Chapter all in the sole
determination of the City.
D. If the permittee fails to restore the Right-of-Way in the manner and to the
condition required by the City, or fails to satisfactorily and timely complete all
repairs required by the City, the City at its option may perform or cause to be
performed such work. In that event the permittee shall pay to the City, within
thirty (30) days of billing, the cost ofrestoring the Right-of-Way. Ifpermittee
fails to pay as required, the City may exercise its rights under the restoration
bond.
Joint Applications
Subd. 1. Registrants may jointly make application for permits to excavate or obstruct
the Right-of-Way at the same place and time.
Subd. 2. Registrants who join in and during a scheduled obstruction or excavation
performed by the City, whether or not it is a joint application by two or more
registrants or a single application, are not required to pay the obstruction and
degradation portions of the permit fee.
Subd. 3. Registrants who apply for permits for the same obstruction or excavation, ..
which is not performed by the City, may share in the payment of the obstruction or -
excavation permit fee. Registrants must agree among themselves as to the portion
each will pay and indicate the same on their applications.
Supplementary Applications
Subd. 1. A Right-of-Way permit is valid only for the area of the Right-of-Way
specified in the permit. No permittee may perform any work outside the area
specified in the permit, except as provided herein. Any permittee which determines
that an area greater than that specified in the permit must be obstructed or excavated
must before working in that greater area (I) make application for a permit extension
and pay any additional fees necessitated thereby, and (2) be granted a new permit or
permit extension.
Subd. 2. A Right-of-Way permit is valid only for the dates specified in the permit. No
permittee may begin its work before the permit start date or, except as provided
herein, continue working after the end date. If a permittee does not finish the work by
the permit end date, permittee must make application for a new permit for the
additional time needed, and receive the new permit or an extension of the old permit
before working after the end date of the previous permit. This supplementary
application must be done before the permit end date.
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Other Obligations
360 - 12
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360.09
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Snbd. 1. Obtaining a Right-of-Way permit does not relieve permittee of the duty to
obtain all other necessary permits, licenses, franchises or other authorizations and to
pay all fees required by the City, any other City, County, State, or Federal rules, laws
or regulations. A permittee shall comply with all requirements of local, State and
Federal laws, including Minn. Stat. 99216D.OI-09 ("One Call Excavation Notice
System"). A permittee shall perform all work in conformance with all applicable
codes and established rules and regulations, and is responsible for all work done in
the Right-of-Way pursuant to the permit, regardless of who performs the work.
A. Except in the case of an emergency, and with the approval of the City, no
Right-of-Way obstruction or excavation may be performed when seasonally
prohibited or when conditions are unreasonable for such work.
B. A permittee shall not so obstruct a Right-of-Way that the natural free and
clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles may not be parked with or adjacent to a
permit area. The loading or unloading of trucks adjacent to a permit area is
prohibited unless specifi~ally authorized by the permit.
Denial of Permit. The City may, in accordance with Minn. Stat. 9237.163, Subd. 4,
deny any application for a permit as provided in this Chapter.
Subd. 1. Mandatory Denial. Except in the case of an emergency, no Right-of-Way
permit will be granted:
A. To any person required by this Chapter to be registered who has not done so;
B. To any person required by this Chapter to file an annual report but has failed
to do so;
C. For any Next-year Project not listed in the construction and major
maintenance plan required under this Chapter unless the person used
commercially reasonable efforts to anticipate and plan for the project;
D. For any project which requires the excavation of any portion of a Right-of-
Way which was constructed or reconstructed within the preceding five (5)
years;
E. To any person who has failed within the past three (3) years to comply, or is
presently not in full compliance, with the requirements of this Chapter;
F. To any person as to whom there exists grounds for the revocation of a permit
under this Chapter; and
G.
If, in the discretion of the City, the issuance of a permit for the particular date
and/or time would cause a conflict or interfere with an exhibition, celebration,
festival, or any other event. The City, in exercising this discretion, shall be
guided by the safety and convenience of ordinary travel of the public over the
360 - 13
Right-of-Way, and by considerations relating to the public health, safety and
welfare.
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Subd. 2. Permissive Denial. The City may deny a permit in order to protect the
public health, safety and welfare, to prevent interference with the safety and
convenience of ordinary travel over the Right-of-Way, when necessary to protect the
Right-of-Way and its users. The City may consider one or more of the following
factors:
A. The extent to which Right-of-Way space where the permit IS sought IS
available;
B. The competing demands for the particular space in the Right-of-Way;
C. The availability of other locations in the Right-of-Way or in other Rights-of-
Way for the equipment of the permit applicant;
D. The applicability of ordinance or other regulations of the Right-of-Way that
affect location of equipment in the Right-of-Way;
E. The degree of compliance of the applicant with the terms and conditions of its
franchise, this Chapter and other applicable ordinances and regulations;
F. The degree of disruption to surrounding communities and businesses that will
result from the use of that part ofthe Right-of-Way; tit
G. The condition and age of the Right-of-Way, and whether and when it is
scheduled for total or partial reconstruction; and
H. The balancing of the costs of disruption to the public and damage to the Right-
of-Way, against the benefits to that part of the public served by the expansion
into additional parts of the Right-of-Way.
Subd. 3. Discretionary Issuance. Notwithstanding the provisions of this Chapter, the
City may issue a permit in any case where the permit is necessary (1) to prevent
substantial economic hardship to a customer of the permit applicant, or (2) to allow
such customer to materially improve its utility service, or (3) to allow a new
economic development project; and where the permit applicant did not have
knowledge of the hardship, the plans for improvement of service, or the development
project when said applicant was required to submit its list of Next-year Projects.
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of this Chapter, the City may issue a permit to a registrant who was
allowed under this Chapter to submit an additional Next-year Project, or in the event
the registrant demonstrates that it used commercially reasonable efforts to anticipate
and plan for the project, such permit to be subject to all other conditions and
requirements of law, including such conditions as may be imposed under this a
Chapter. .,
360 - 14
360.10
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360.11
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360.12
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Installation Requirements. In accordance with Minn. Stat. 99237.162, Subd. 8(3);
237.163, Subd. 8; and other provisions of law, and until the Public Utilities
Commission adopts uniform statewide standards, the excavation, restoration, and all
other work performed in the Right-of-Way shall be done in conformance with
"Engineering Standards adopted by the PUC" as promulgated by the City and at a
location as may be required by this Chapter. The City may enforce its local standards
prior to adoption of mandatory, preemptive statewide standards pursuant to its
inherent and historical police power authority.
Inspection
Subd. 1. When the work under any permit hereunder is completed, the permittee shall
notify the City.
Subd. 2. Permittee shall make the work site available to the City Inspector and to all
others as authorized by law for inspection at all reasonable times during the execution
and upon completion of the work.
Subd. 3. At the time of inspection the City Inspector may order the immediate
cessation of any work which poses a serious threat to the life, health, safety or well
being of the public. The City Inspector may issue an order to the registrant for any
work which does not conform to the applicable standards, conditions or codes. The
order shall state that failure to correct the violation will be cause for revocation of the
permit. Within ten (10) days after issuance of the order, the registrant shall present
proof to the City that the violation has been corrected. If such proof has not been
presented within the required time, the City may revoke the permit pursuant to this
Chapter.
Work Done Without a Permit
Subd. 1. Emergency Situations. Each registrant shall immediately notify the City or
the City's designee of any event regarding its equipment which it considers to be an
emergency. The registrant may proceed to take whatever actions are necessary in
order to respond to the emergency. Within two (2) business days after the occurrence
of the emergency, the registrant shall apply for the necessary permits, pay the fees
associated therewith and fulfill the rest of the requirements necessary to bring itself
into compliance with this Chapter for the actions it took in response to the
emergency.
In the event that the City becomes aware of an emergency regarding a registrant's
equipment, the City may attempt to contact the local representative of each registrant
affected, or potentially affected, by the emergency. In any event, the City may take
whatever action it deems necessary in order to respond to the emergency, the cost of
which shall be borne by the registrant whose equipment occasioned the emergency.
Subd. 2. Non-Emergency Situations. Except in the case of an emergency, any
person who, without first having obtained the necessary permit, obstructs or
evacuates a Right-of-Way must subsequently obtain a permit, pay double the normal
fee for said permit, pay double all the other fees required by City ordinance,
360 - 15
360.13
including, but not limited to, criminal fines and penalties, deposit with the City the
fees necessary to correct any damage to the Right-of-Way and comply with all of the
requirements of this Chapter.
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Subd. 3. Supplementary Notification. J[the obstruction or evacuation of the Right-
of-Way begins later or ends sooner than the date given on the permit, permittee shall
notify the City ofthe accurate information as soon as this information is known.
Revocation of Permits
Subd. 1. Registrants hold permits issued pursuant to this Chapter as a privilege and
not as a right. The City reserves its right, as provided herein and in accordance with
Minn. Stat. 9237.163, Subd. 4, to revoke any Right-of-Way permit, without fee
refund, in the event of a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
A. The violation of any material provision of the Right-of-Way permit;
B. An evasion or attempt to evade any material provision of the Right-of-Way
permit, or the perpetration or attempt to perpetrate any fraud or deceit upon
the City or its citizens;
C.
Any material misrepresentation of fact in the application for a Right-of-Way ..
permit; .,
D. The failure to maintain the required bonds and/or insurance;
E. The failure to complete the work in a timely manner; or
F. The failure to correct a condition indicated on an order issued pursuant to this
Chapter.
Subd. 2. If the City determines that the permittee has committed a substantial breach
of a term or condition of any statute, ordinance, rule, regulation or any condition of
the permit, the City shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for
revocation of the permit. Further, a substantial breach, as stated above, will allow the
City, at the City's discretion, to place additional or revised conditions on the permit.
Subd. 3. Within twenty-four (24) hours of receiving notification of the breach,
permittee shall contact the City with a plan, acceptable to the City, for its correction.
Permittees failure to so contact the City, the permittees failure to submit an acceptable
plan, or the permittees failure to reasonably implement the approved plan shall be
cause for immediate revocation of the permit. Further, permittees failure to so contact
the City, or the permittees failure to submit an acceptable plan, or permittees failure A
to reasonably implement the approved plan shall automatically place the permittee on ..
probation for one (I) full year.
360 - 16
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360.14
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360.15
Subd. 4. From time to time, the City may establish a list of conditions of the permit
which, if breached, will automatically place the permittee on probation for one (I)
full year, such as, but not limited to, working out of the allotted time period or
working on Right-of-Way grossly outside ofthe permit.
Subd. 5. If a permittee, while on probation, commits a breach as outlined above,
permittees permit will automatically be revoked and permittee will not be allowed
further permits for one (1) full year, except for emergency repairs.
Subd. 6. If a permit is revoked, the permittee shall also reimburse the City for the
City's reasonable costs, including restoration costs and the costs of collection and
reasonable attomey's fees incurred in connection with such revocation.
Appeals
Subd. 1. A person that:
A. Has been denied registration;
B. Has been denied a Right-of-Way permit;
C. Has had its Right-of-Way permit revoked; or
D.
Believes that the fees imposed on the user by the City do not conform to the
requirements of law, may have the denial, revocation, or fee imposition
reviewed, upon written request, by the City Council. The City Council shall
act on a timely written request at its next regularly scheduled meeting. A
decision by the City Council affirming the denial, revocation, or fee
imposition must be in writing and supported by written findings establishing
the reasonableness ofthe decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right-of-Way user shall have the right to have the matter resolved by
binding arbitration. Binding arbitration must be before an arbitrator agreed to by both
the City and the person. If the parties cannot agree on an arbitrator, the matter must be
resolved by a three-person arbitration panel made up of one arbitrator selected by the
City, one arbitrator selected by the person, and one arbitrator selected by the other
two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the
City and the person. In the event there is a third arbitrator, each party shall bear the
expense of its own arbitrator and shall jointly and equally bear with the other party
the expense of the third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attomey fees.
Mapping Data
Subd. 1. Each registrant shall provide to the City information indicating the
horizontal and vertical location, relative to the boundaries of the Right-of-Way, of all
360 - 17
360.16
equipment which it owns or over which it has control and which is located in any
Right-of-Way ("Mapping Data"). Mapping data shall be provided with the specificity ....
and in the format requested by the City for inclusion in the mapping system used by .,
the City.
Within six months of the acqulSltIOn, installation, or construction of additional
equipment or any relocation, abandonment, or disuse of existing equipment, each
registrant shall supplement the mapping data required herein.
Subd. 2. Information regarding equipment of telecommunications Right-of-Way
users constructed or located prior to May 10, 1997, need only be supplied in the form
maintained, however, all telecommunications Right-of-Way users must submit some
type of documentary evidence regarding the location of equipment within the Rights-
of-Way of the City.
Subd. 3. At the request of any registrant, any information requested by the City,
which qualifies as a "trade-secret" under Minn. Stat. 913.37(b) shall be treated as
trade secret information as detailed therein. With respect to the provision of mapping
data, the City may consider unique circumstances from time to time required to obtain
mapping data.
Each registrant shall, within six (6) months after the date of passage of this ordinance,
submit a plan to the City specifying in detail the steps it will take to comply with the
requirements of this Chapter. Said plan shall provide for the submission of all ..
mapping data (I) for the downtown business district within two (2) years after the ..
date of passage of this ordinance, and (2) for the remainder of the City as early as
may be reasonable and practical, but not later than five (5) years after the date of
passage of this ordinance.
Notwithstanding the foregoing, mapping data shall be submitted by all registrants for
all equipment which is to be installed or constructed after the date of passage of this
ordinance at the time any permits are sought under this Chapter.
After six (6) months after the passage of this ordinance, a new registrant, or a
registrant which has not submitted a plan as required above, shall submit complete
and accurate mapping data for all its equipment at the time any permits are sought
under this Chapter.
Locatiou of Equipment
Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
Minnesota Statute 216B.34, or unless existing above ground equipment is repaired or
replaced, or unless infeasible such as in the provision of electric service at certain
voltages, new construction, the installation of new equipment, and the replacement of
old equipment shall be done underground or contained within buildings or other
structures in conformity with applicable codes.
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Subd. 2. Corridors._The City may assign specific corridors within the Right-of-Way,
or any particular segment thereof as may be necessary, for each type of equipment
360 - 18
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that is or, pursuant to current technology, the City expects will someday be located
within the Right-of- Way. Excavation, obstruction, or other permits issued by the City
involving the installation or replacement of equipment may designate the proper
corridor for the equipment at issue and such equipment must be located accordingly.
Any registrant whose equipment is located prior to enactment of this Chapter in the
Right-of-Way in a position at variance with the corridors established by the City
shall, no later than at the time of the next reconstruction or excavation of the area
where its equipment is located, move that equipment to its assigned position with the
Right-of-Way, unless this requirement is waived by the City for good cause shown,
upon consideration of such factors as the remaining economic life of the facilities,
public safety, customer service needs and hardship to the registrant.
Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment
found in a Right-of-Way that has not been registered shall be deemed to be a
nuisance. The City may exercise any remedies or rights it has at law or in equity,
including, but not limited to, abating the nuisance pursuant to this Chapter or taking
possession of the equipment and restoring the Right-of-Way to a useable condition.
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Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional equipment
within the Right-of-Way if there is insufficient space to accommodate all of the
requests of registrants or persons to occupy and use the Right-of-Way. In making
such decisions, the City shall strive to the extent possible to accommodate all existing
and potential users of the Right-of-Way, but shall be guided primarily by
considerations of the public interest, the public's needs for the particular service, the
condition of the Right-of-Way, the time of year with respect to essential utilities, the
protection of existing equipment in the Right-of-Way, and future City plans for public
improvements and development projects which have been determined to be in the
public interest.
Subd. 5. Relocation of Equipment. The person must promptly and at its own
expense, with due regard for seasonable working conditions, permanently remove and
relocate its equipment and facilities in the Right-of-Way whenever the City requests
such removal and relocation, and shall restore the Right-of-Way to the same
condition it was in prior to said removal or relocation. The City may make such
requests in order to prevent interference by the company's equipment or facilities
with (1) a present or future City use of the Right-of-Way, (2) a public improvement
undertaken by the City, (3) an economic development project in which the City has
an interest or investment, (4) when the public health, safety and welfare requires it,
(5) or when necessary to prevent interference with the safety and convenience of
ordinary travel over the Right-of-Way.
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Notwithstanding the foregoing, a person shall not be required to remove or relocate
its equipment from any Right-of-Way, which has been vacated in favor of a non-
governmental entity unless and until the reasonable costs thereof are first paid by
such non-governmental entity to the person therefore.
360 - 19
Subd. 6. Pre-Excavation Equipment Location. In addition to complying with the
requircmcnts of Minn. Stat. 99216D.01-.09 ("One Call Excavation Notice System") ..
before the start date of any Right-of-Way excavation, each registrant who has _
equipment located in the area to be excavated shall mark the horizontal and
approximate vertical placement of all said equipment. Any registrant whose
equipment is less than twenty (20) inches below a concrete or asphalt surface shall
notify and work closely with the excavation contractor in an effort to establish the
exact location of its equipment and the best procedure for excavation.
Subd. 7. Damage to Other Equipment. When the City performs work in the Right-
of-Way and finds it necessary to maintain, support, or move a registrant's equipment
in order to protect it, the City shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant
and must be paid within thirty (30) days from the date of billing.
Each registrant shall be responsible for the cost of repairing any equipment in the
Right-of-Way which it or its equipment damages. Each registrant shall be responsible
for the cost of repairing any damage to the equipment of another registrant caused
during the City's response to an emergency occasioned by that registrant's
equipment.
Subd. 8. Right-of-Way Vacation
A.
If the City vacates a Right-of-Way which contains the equipment of a
registrant, and if the vacation does not require the relocation of registrant or e
permittee equipment, the City shall reserve, to and for itself and all registrants
having equipment in the vacated Right-of-Way, the right to install, maintain
and operate any equipment in the vacated Right-of-Way and to enter upon
such Right-of-Way at any time for the purpose of reconstructing, inspecting,
maintaining or repairing the same.
B. If the vacation requires the relocation of registrant or permittee equipment
and: (1) if the vacation proceedings are initiated by the registrant or permittee,
the registrant or permittee must pay the relocation costs; or (2) if the vacation
proceedings are initiated by the City, the registrant or permittee must pay the
relocation costs unless otherwise agreed to by the City and the registrant or
permittee; or (3) if the vacation proceedings are initiated by a person or
persons other than the registrant or permittee, such other person or persons
must pay the relocation costs.
Subd. 9. Indemnification and Liability
A. By reason of the acceptance of a registration or the grant of a Right-of-Way
permit, the City does not assume any liability: (1) for injuries to persons,
damage to property, or loss of service claims by parties other than the
registrant or the City; or (2) for claims or penalties of any sort resulting from ..
the installation, presence, maintenance, or operation of equipment by ..
registrants or activities or registrants.
360 - 20
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B.
By registering with the City, a registrant agrees, or by accepting a permit
under this Chapter, a permittee is required to defend, indenmify, and hold the
City whole and harmless from all costs, liabilities, and claims for damages of
any kind arising out of the construction, presence, installation, maintenance,
repair or operation of its equipment, or out of any activity undertaken in or
near a Right-of-Way, whether or not any act or omission complained of is
authorized, allowed, or prohibited by a Right-of-Way permit. It further agrees
that it will not bring, nor cause to be brought, any action, suit or other
proceeding claiming damages, or seeking any other relief against the City for
any claim nor for any award arising out of the presence, installation,
maintenance or operation of its equipment, or any activity undertaken in or
near a Right-of-Way, whether or not the act or omission complained of is
authorized, allowed or prohibited by a Right-of-Way permit. The foregoing
does not indenmify the City for its own negligence except for claims arising
out of or alleging the City's negligence where such negligence arises out of or
is primarily related to the presence, installation, construction, operation,
maintenance or repair of said equipment by the registrant or on the registrant's
behalf, including, but not limited to, the issuance of permits and inspection of
plans or work. This Chapter is not, as to third parties, a waiver of any defense
or immunity otherwise available to the registrant or to the City, and the
registrant, in defending any action on behalf of the City, shall be entitled to
assert in any action every defense or immunity that the City could assert in its
own behalf.
Subd. 10. Future Uses~ In placing any equipment, or allowing it to be placed, in the
Right-of-Way the City is not liable for any damages caused thereby to any
registrant's equipment which is already in place. No registrant is entitled to rely on
the provisions of this Chapter, and no special duty is created as to any registrant. This
Chapter is enacted to protect the general health, welfare and safety of the public at
large.
Subd. 11. Abandoned and Unusable Equipment
A. A registrant who has determined to discontinue its operation with respect to
any equipment in any Right-of-Way, or segment or portion thereof, in the City
must either:
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1. Provide information satisfactory to the City that the registrant's
obligations for its equipment in the Right-of-Way under this Chapter
have been lawfully assumed by another registrant; or
2. Submit to the City a proposal and instruments for transferring
ownership of its equipment to the City. If a registrant proceeds under
this clause, the City may, at its option:
a.
Purchase the equipment, or
b.
Require the registrant, at its own expense, to remove it, or
360 - 21
360.17
360.18
c. Require the registrant to post an additional bond or an
increased bond amount sufficient to reimburse the City for
reasonably anticipated costs to be incurred in removing the e
equipment.
B. Equipment of a registrant who fails to comply with the preceding paragraph
and which, for two (2) years, remains unused shall be deemed to be
abandoned. Abandoned equipment is deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not
limited to, (I) abating the nuisance pursuant to this Chapter, (2) taking
possession of the equipment and restoring it to a useable condition, or (3)
requiring removal of the equipment by the registrant or by the registrant's
surety.
C. Any registrant who has unusable equipment in any Right-of-Way shall
remove it from the Right-of-Way during the next scheduled excavation, unless
this requirement is waived by the City.
Reservation of Regulatory and Police Powers, The City by the granting of a Right-
of-Way permit, or by registering a person under this Chapter does not surrender or to
any extent lose, waive, impair, or lessen the lawful powers and rights, which it has
now or may be hereafter vested in the City under the Constitution and statutes of the
State of Minnesota (or the Charter of the City) to regulate the use of the Right-of-
Way by the permittee; and the permittee by its acceptance of a Right-of-Way permit
or of registration under those ordinances agrees that all lawful powers and rights, ..
regulatory power, or police power, or otherwise as are or the same may be from time ..
to time vested in or reserved to the City, shall be in full force and effect and subject to
the exercise thereof by the City at any time. A permittee or registrant is deemed to
acknowledge that its rights are subject to the regulatory and police powers of the City
to adopt and enforce general ordinances necessary to the safety and welfare of the
public and is deemed to agree to comply with all applicable general laws and
ordinances enacted by the City pursuant to such powers.
Any conflict between the provisions of a registration or of a Right-of-Way permit and
any other present or future lawful exercise of the City's regulatory or police powers
shall be resolved in favor of the latter.
Severability, If any section, subsection, sentence, clause, phrase, or portion of this
Chapter is for any reason held invalid or unconstitutional by any court or
administrative agency of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof. If a regulatory body or a court of
competent jurisdiction should determine by a final, non-appealable order that any
permit, right or registration issued under this Chapter or any portion of this Chapter is
illegal or unenforceable, then any such permit, right or registration granted or deemed
to exist hereunder shall be considered as a revocable permit with a mutual right in
either party to terminate without cause upon giving sixty (60) days written notice to ..
the other. The requirements and conditions of such a revocable permit shall be the .,
same requirements and conditions as set forth in the permit, right or registration,
360 - 22
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respectively, except for conditions relating to the term of the permit and the right of
termination. If a permit, right or registration shall be considered a revocable permit as
provided herein, the permittee must acknowledge the authority of the City Council to
issue such revocable permit and the power to revoke it. Nothing in this Chapter
precludes the City from requiring a franchise agreement with the applicant, as
allowed by law, in addition to requirements set forth herein.
360.19
Non-Exclusive Remedy, The remedies provided in this Chapter and other chapters in
the legislative code are not exclusive or in lieu of other rights and remedies that the
City may have at law or in equity. The City is hereby authorized to seek legal and
equitable relief for actual or threatened injury to the public Rights-of-Way, including
damages to the Rights-of-Way, whether or not caused by a violation of any of the
provisions of this Chapter or other provisions of the legislative code.
Effective Date: This ordinance shall become effective the day following its publication.
Adoption Date: Passed by the City Council of the City of Arden Hills
the day of 2001.
ATTEST:
DENNIS PROBST, MAYOR
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JOSEPH P. LYNCH, CITY ADMINISTRATOR
, 2001.
Publication Date: Published on the
of
tit
360 - 23
"
AN ORDINANCE SUMMARY
On the 9TH day of JULY 2001, the Arden Hills
City Council adopted Ordinance 327 and, pursuant to Minn. Stat.
~412 . 191, Subd. 4, by four affirmative votes, directed that a
summary of ordinance 327 be published.
Arden Hills Ordinance 327 is entitled "An Ordinance
Relating to Right-of-Way Management". The ordinance establishes
rules and regulations for the use of rights-of-way including
registration requirements, reporting obligations, right-of-way
permit requirements, right-of-way patching and restoration
obligations, inspection requirements, revocation of permit
procedures, mapping data requirements, procedures which apply to
right-of-way vacation, indemnification obligations of right-of-way
users, and procedures which apply to the abandonment of equipment
located within the right-of-way.
A copy of Ordinance 327 is available for inspection by any
person during regular business hours at the office of the Arden
Hills City Administrator at City of Arden Hills, 4364 W. Round Lake
Road, Arden Hills, MN 55112.
Dated:
Joseph Lynch
City Administrator
34
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EN HILLS
MEMORANDUM
TO: Mayor and City Council
FROM: Joseph Lynch, City Administrator
SUBJECT: Proposed Erosion and Sediment Control Ordinance
DATE: June 27, 2001
ENC: City Attomey Letter
Draft Model Erosion and Sediment Control Ordinance
Back!!round
At your regular City Council meeting on June 11,2001, you received a copy of a model Erosion
and Sediment Control Ordinance for your review and comment. The Erosion and Sediment
Control Ordinance needs to be adopted to be included in the Comprehensive Development Plan
of the City of Arden Hills in accordance with an agreement with the Metropolitan Council to do
so by July 1,2001.
Enclosed within is a copy of a letter from City Attorney Filla indicating a draft ordinance and a
summary ordinance to be published by the City upon approval. Staff has discussed with Mr.
Filla the concerns expressed by the City Council at your work session on June 18, 2001, and
have incorporated those changes in the draft ordinance (copy enclosed).
Staffs understanding ofthe questions and comments had to do with the following:
. The ordinance refers to a handbook. What is the handbook? The handbook refers
to the Ramsey County Soil and Water Conservation District Handbook. This
handbook contains specifics for erosion and sediment control practices within
Ramsey County. The City has obtained a copy of the handbook and will be
available at City Hall for potentials applicants.
.
Water Management Organization. What does water management organization
mean, and who supersedes the City in terms of granting variances from the
Ramsey County Soil and Water Conservation District Handbook? Water
management organization referred to is the Ramsey County Soil and Water
Memorandum - Proposed Erosion and Sediment Control Ordinance
June 27, 2001
Page 2
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Conservation District. They are the organization that would be responsible for
reviewing, editing, and approving any erosion and sediment control plan. They
are also the organization that would review, edit, and approve any variance to the
Ramsey County Soil and Water Conservation District Handbook for any applicant
in the City of Arden Hills.
This ordinance is set up so that the City of Arden Hills issues a permit to any applicant who has
demonstrated they have received either approval or variance from the Ramsey County Soil and
Water Conservation District.
The Ramsey County Soil and Water Conservation District Organization Review Authority
ensures that the applicant has complied with the Ramsey County Soil and Water Conservation
District Handbook for specifics on erosion and sediment control practices. The City of Arden
Hills then permits the applicant based upon knowledge that the plan has followed the
requirements or has been granted a variance from the requirements by Ramsey County Soil and
Water Conservation District.
In Section 8.5-6, Review of Permit Application, I refer you to Sections A, B, and C. The City of e
Arden Hills has made it permissive rather than mandatory that a permanent easement can be
dedicated to the City for future erosion and sediment control needs. We have also made it
discretionary on our part the assignment of permanent maintenance of easements. The City has
also established an escrow amount from the developer to cover any costs related to the erosion
and sediment control plans that are not completed or maintained by the developer.
Recommendation
Staff recommends that the City Council adopt Ordinance 331, an Ordinance requiring Erosion
and Sediment Control for Land Disturbance Activities within the City of Arden Hills. A
summary should also be ordered and published.
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Jun-21-2001 01:14
From-PETERSON FRA~ BERGMAN
S512211753
T-30S P.002/001 F-474
Warren E. Pt:tcrson
Jerome I~ Filla
Dantel Win Fram
Clc.-nn A. Bergman
_fohn Michad Miller
ichae I T ob~ rlc
te...en H. ljr'Un!l~
Paul W. F'ahninj:l
Esther E. McCinni!:.
J(:!ffrey I Cohen
PETERSCl'J; ... _ .
fRAM BERGMAN
" '.' '- .
.__..... . - _.__..........
Suite 300
50 East Fifth Strec;!t
Sl, Paul. MN '5]01.] 197
16, II 201.B9SS
16'51) n8~]753 facsimile
June 28, 2001
Direct Dial #(65]) 290-6907
Joe Lynch, City Administrator
City of Arden Hills
4364 W. Round Lake Road
Arden Hills, MN 55112
VL4 FACSIMILE AND U.S. MAIL
RE: Proposed Regulation
Erosion and Sediment Control
PF & B File No.: 10450.920001
Dear Joe:
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Enclosed is a revised draft of me Erosion and Sediment Control Ordinance for the City of
Arden Hills. I have changed the provisions of the following Sections:
1.
Section 8.5-5A; has been amended to reference the City's fee schedule;
2. The subdivisions of Section 8.5-6 have been amended so that they are more
general and simply indicate the topics that can be addressed by the CilY in
connection with the issuance of a permit;
3. Section 8.5~8 has been amended to refer to the District Board instead of the
Rice Creek Watershed District.
I will bring the Original with me on Friday morning. If you have any questions please feel
free to contact me.
JPF :tpt
enclosure
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'Al.5Cl..Io,rlllo4l'rTErI IN WI:)CO..SIr.
\Varren E. Peterson
Jerome P. Filla
Daniel Witt Fram
Glenn A. BergmCln
John Michael Miller
Michael T Oberle
Steven H. Bruns~
Paul W. Fahning
Esrher E. McGinnis
Jeffrey J. Cohen
PETERSON
FRAM BERGMAN
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
16'51) 291-8955
16511 228-1753 laCSlmll_
Joe Lynch, City Administrator
City of Arden Hills
4364 W. Round Lake Road
Arden Hills, MN 55112
;"'-" \. ..-.
Direct Dial #(651) 290-6907
'1j"1
,J '1"'! G J
", r".;
LUll)
C,-,.-" ""
'i 1 [ 0;""
to-! ~'HiLLS
VIA FACSIMILE AND U.S. MAIL
RE: Proposed Regulation
Erosion and Sediment Control
PF & B File No.: 10450.920001
Dear Joe:
I am enclosing the following documents:
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I. Draft of an Ordinance which adds Erosion and Sediment Control Regulations
to the City Code.
2. Ordinance Summary
The Ordinance incorporates your suggestions. I also reorganized the provisions of the
model Ordinance so that the Regulation would be more readable and understandable. I
don't believe that the substance ofthe provisions of the model ordinance have been changed.
Please review and contact me if you have any questions.
JPF:tpt
~trulY yours,
/~"F
I ! i
! Jerqine. Filla
, /
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enclosure
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. ALSO I\D)I;\I"I"I"I::,) IN WISCONSIN
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO.:
AN ORDINANCE REQUIRING EROSION AND SEDIMENT CONTROL FOR LAND
DISTURBANCE ACTIVITIES WITHIN THE CITY OF ARDEN HILLS
The Arden Hills City Council ordains that Chapter 8.5 and its Subdivisions is added to the
Arden Hills Municipal Code to read as follows:
8.5 Erosion and Sediment Control
Sec. 8.5-1. Purnose. The purpose of this regulation is to control or eliminate soil erosion and
sedimentation within the city of Arden Hills. The regulation establishes standards and
specifications for conservation practices and planning activities which minimize soil erosion and
sedimentation.
Sec. 8.5-2. Definitions. For the purposes of this ordinance, the following terms have tlJe
meanings given them in this section:
A. District. "District" means tlJe Ramsey Soil and Water Conservation District.
B. Erosion and Sediment Practice Soecifications or Practices. "Erosion and
Sediment Practice Specifications" or "Practices" means the management
procedures, techniques, and metlJods to control soil erosion and sedimentation as
officially adopted by the District.
C. Develooer. "Developer" means a person, firm, corporation, sole proprietorship,
partnership, state agency or political subdivision thereof engaged in a Land
Disturbance Activity.
D. Erosion. "Erosion" means any process that wears away the surface of the land by
the action of water, wind, ice, or gravity. Erosion can be accelerated by the
activities of man and nature.
E. Erosion and Sediment Control Plan. "Erosion and Sediment Control Plan" means
a document containing the requirements of Section 8.5-3 that when implemented
will decrease soil erosion on a parcel of land and off-site sediment damages.
F.
Land Disturbance Activitv. "Land Disturbance Activity" means land change that
may result in soil erosion from water or wind and the movement of sediments into
or upon waters or lands of Ramsey County, including clearing, grading,
excavating, transporting and filling ofland. Land Disturbance Activity does not
mean:
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(1) minor land disturbance activities such as home gardens and individuals
home landscaping, repairs and maintenance work;
(2) construction, installation and maintenance of electric, telephone, and cable
television utility lines or individual service connection to these utilities,
except where a minimum of 10,000 square feet ofland disturbance can be
anticipated;
(3) septic tank lines or drainage fields unless included in an overall plan for a
land disturbance activity relating to construction of a building to be served
by the septic tank system;
(4) tilling, planting or harvesting of agricultural, horticultural, or silvicultural
crops;
(5) preparation for single-family residences separately built, unless in
conjunction with multiple construction in subdivision development;
(6)
disturbed land areas for commercial or noncommercial uses of (less than
10,000 square feet) in size;
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(7) installation of fence, sign, telephone, and electric poles and oilier kinds of
posts or poles; and
(8) emergency work to protect life, limb, or property and emergency repairs,
except if the land disturbing activity would have required an approved
erosion and sediment control plan except for the emergency, then the land
area disturbed shall be shaped and stabilized in accordance with the
requirement of the local plan-approving authority or the District when
applicable.
G. Ramsev County Erosion and Sediment Control Handbook or Handbook. "Ramsey
County Erosion and Sediment Control Handbook" or "Handbook" means the
handbook Adopted by the Ramsey County Soil and Water Conservation District
which contains the Erosion and Sediment Control Practice Specifications and
planning procedures to control soil erosion and sedimentation.
H.
Sediment. "Sediment" means solid mineral or organic material, that, in
suspension, is being transported, or has been moved from its original site by air,
water, gravity, or ice, and has been deposited at another location.
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I.
Sedimentation. "Sedimentation" means the process or action of depositing
sediment, caused by erosion.
1. City Administrator. "City Administrator"means the Administrator for the City of
Arden Hills or his/her designee.
Sec 8.5-3. Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan shall
minimize soil erosion or sediment from damaging adjacent land. A developer engaged in a Land
Disturbance Activity shall submit an Erosion and Sediment Control Plan that will minimize soil
erosion or sediment from damaging adjacent land, bodies of water, watercourses or wetlands to
the city for its approval.
A. Plan Objectives. The Erosion and Sediment Control Plan shall address the
following objectives:
(I)
(2)
(3)
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(5)
(6)
(7)
(8)
(9)
(10)
Stabilize all exposed soils and soil stockpiles;
Establish permanent vegetation;
Prevention of sediment damage to adjacent properties and other designated
areas;
Schedule erosion and sediment control practices;
Use temporary sedimentation basins;
Engineer the construction of steep slopes;
Control the storm water leaving a site;
Stabilize all waterways and outlets;
Protect storm sewers from the entrance of sediment;
When working in or crossing water bodies take precautions to contain
sediment;
(II) Restabilize utility construction areas as soon as possible;
(12) Protect paved roads from sediment and mud brought in from access routes;
(13) Dispose of temporary erosion and sediment control measures; and
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(14) Maintain all temporary and permanent erosion and sediment control
practices.
B.
Plan Content. The Erosion and Sediment Control Plan content shall include:
.
(1) Project description - The nature and purpose of the land-disturbing activity
and the amount of grading involved.
(2) Phasing of construction - The nature and purpose of the land-disturbing
activity and the amount of grading, utilities, and building construction.
(3) Existing site conditions - Existing topography, vegetation and drainage.
(4) Adjacent areas - Neighboring streams, lakes, residential areas, roads, etc.,
which might be affected by the land-disturbing activity.
(5) Soils - Soil names, mapping units, erodibility.
(6) Critical erosion areas - Areas on the site that have potential for serious
erosion problems.
(7)
Erosion and sediment control measures - Methods to be used to control
erosion and sedimentation on the site, both during and after the
construction process.
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(8) Permanent stabilization. How the site will be stabilized after construction
is completed, including specifications.
(9) Storm water management - How storm runoff will be managed, including
methods to be used if the development will result in increased peak rates
of runoff.
(10) Maintenance - Schedule of regular inspections and repair of erosion and
sediment control structures.
(11) Calculations - Any that were made for the design of such items as
sediment basins, diversions, waterways, and other applicable practices.
Sec. 8.5-4. Compliance with Handbook. The Handbook shall be the reference for Erosion
and Sediment Control Practice Specifications for all Erosion and Sediment Control Plans used in
the City of Arden Hills. Where, in the judgment of a Registered Professional Engineer
experienced in the field of Erosion and Sediment Control, site conditions warrant, or where the
Practices will be insufficient to control Erosion and Sedimentation for a Land Disturbance
Activity, the District Board may grant a variance from the use ofthe Handbook on a case-by-case
basis. The content of a variance shall be specific and shall not affect other approved provisions ..
for an Erosion and Sediment Control Plan. Any variance required shall be processed by the ..
District Board pursuant to it's procedures.
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Sec. 8.5-5. Permit Required. Except as exempted by Section 8.5-2(F), any person, firm, sole
proprietorship, partnership, corporation, state agency or political subdivision thereof proposing
Land Disturbance Activity within the city of Arden Hills shall apply to the City Administrator
for an Erosion Control and Sediment Plan Permit. No land shall be disturbed until the permit is
approved by the City Council and conforms to the standards set forth herein. A permit
application shall include the following:
A. Aoolication Fee. The developer shall submit an application fee as specified on the
City's Fee Schedule as adopted and revised annually by the City Council, from
time to time, by city council resolution. The fee is non-refundable and shall cover
any review costs accrued with in one (I) year of the date of payment.
B. Plan. The proposed Erosion and Sediment Control Plan prepared in compliance
with the Ramsey County Erosion and Sediment Control Handbook or any
variances to such handbook approved by the District Board.
C. Miscellaneous. Other information as required by the City Administrator.
Sec. 8.5-6. Review of Permit Aoolication. Within thirty (30) days of receipt ofa completed
application, the City Administrator shall make recommendations to the City Council for
Approval or Denial of the Permit. The City Council shall take final action within thirty (30)
days of receipt of the recommendations of the City Administrator. The City may attach
conditions to the permit which address the following items:
A. Easement. Dedication of an easement to the city for any permanent erosion and
sediment control practice(s) that remain after the Land Disturbance Activity is
completed.
B. Maintenance. Responsibility for the Maintenance ofthe permanent erosion and
sediment control practices for the period of the Land Disturbance Activity, in, if
necessary, thereafter. The City shall assign the maintenance responsibility for a
permanent erosion and sediment control practice after that time.
C. Escrow Requirement. The escrow of a sum of money sufficient to insure the
installation, completion and maintenance of the Erosion and Sediment Control
Plan and Practices.
Sec. 8.5-7. Modification of Plan. An approved Erosion and Sediment Control Plan which has
been approved as part of the permitting process may be modified upon submission of an
application for modification to the City Administrator. A request for an Erosion Control and
Sediment Plan permit modification shall be processed in the same manner as the original permit
and the City may require additional reports and data.
,
Sec. 8.5-8. Variance. In the case of restrictive site conditions or emergency situations, the ..
developer may apply for a variance from the provisions of this regulation. The variance must be .,
approved by the District Board and by the City. The city shall submit the variance request to the
District Board for review. The variance shall be approved or denied by the City and by the
District Board within sixty (60) days after receipt ofthe variance request. Where the
recommendation of the District Board differs from the recommendation of the City, the
recommendation of the District Board shall prevail.
Sec. 8.5-9. Multi-Jurisdictional Proiects. When a road construction project crosses municipal
boundaries, Ramsey County or Minnesota Department of Transportation shall obtain an Erosion
and Sediment Control Plan permit from the appropriate water management organization(s) rather
than individual cities.
Sec. 8.5-10. Penalty. Any person, firm, or corporation who fails to comply with or violates
any of these regulations shall not be deemed guilty of a misdemeanor and be subject to the
penalties provided by Minnesota Statutes for misdemeanors. All land use and building permits
must be suspended until the developer has corrected the violation and amended the Erosion and
Sediment Control Plan for the land disturbance activity. Each day that a separate violation exists
shall constitute a separate offense.
Sec. 8.5-11. Effective Date. This ordinance will take effect and be in force after its passage
and official publication.
e
Adootion Date. Passed by the Arden Hills City Council this _ day of
, 2001.
Dennis Probst, Mayor
ATTEST:
Joseph Lynch, City Administrator
Publication Date. This Ordinance or an approved Summary thereof was published on the_
of ,2001.
F:\users\BARBER\JERR Y\erosion-ordJ ,wpd
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APPLICATION FOR PAYMENT
PAYMENT NO.1
Project:
Owner:
Owner No.:
Contractor:
BRW Job No.:
2001 Seal Coa~ng Project
City of Arden Hills
ALLIED BLACKTOP
37951-017-2001 A
Application Date:
For Period Ending:
7/5/91
6/30/01
Original Contract Amount:
Contract Amendments:
Contract Amount To Date:
Total Amount of Worll Complete To Date:
Material Suitably Stored On-Site but not
Incorporated into Work:
Gross Amount Due To-Date:
Less 0.00% Retainage:
Amount Due To-Date:
Less Previous Payments:
Total Due This Application:
$35,900.34
$16,287.11
$52,187.45
$52,187.45
$0.00
$52,187.45
$0.00
$52,187.45
$0.00
$52,187.45
I hereby certify that all items and amounts shown are correct for the work completed to-
date.
Contractor: ALLIED BLACKTOP
By:
Date:
The work on this project and the application for payment have been reviewed and the
amount shown is recommended for payment.
SRW, Inc.
By:
Date:
//~/O/
APPROVED FOR PAYMENT
Owner: City of Arden Hills
By:
Date:
Page 1 of4
~0/20' d 92S9 UE 21:9
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02:v1: 1: 002-S0-lnr
Application for Payment: Itemization
Schedule: A - SEAL COATING
No. Item
BITUMINOUS SEAL COAT WITH AGGREGATE
Unl!
SY
Unit
Pnce
$0.49
2101.507
Contr;u:::t
Quantity
7:3,266.00
Contra<;:t
Amount
$35,900.34
TOo-Date
Quantity
73,266.00
T o-Cateo
Amount
$35.900.34
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Schedule: B - CHANGE ORDER #1
SUbtotal:
$35,900.34
$35.900.34
unit Cantrael: ContraC1 T~Date To-DIIte
Price Quantity Amount Quanllry Amount
$0.49 23,239.00 $16,287.11 33,239,00 $16,287.'1
SUbtotal: $18,287.' 1 $16.287.11
Grand Total: $52,187.45 $52,1B7.45
No. Item Ufllt
, BITUMINOUS SEAL COAT WITH AGGREGATE SY
S0/Z0'd
9CS9 Z<'.Z c1:9
Page 3 of 4
M~El
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~~HILLS
MEMORANDUM
DATE:
July 5,2001
TO:
Joe Lynch, City Administrator /7~
Terrance Post, City Accountant~
FROM:
SUBJECT:
City Hall Rochon Corporation Contract - Proposed Change Order No.4
Backl!round
At the June 25, 2001, regular meeting, the Arden Hills City Council approved change Order No.
3, in the amount of $38,593.93, bringing the total contract price with Rochon Corporation for the
new city hall construction to $3,056,085.93; although $6,340.00 of this total (cost of two
additional roof drains) remains a disputed contract item.
Pro Dosed Chanl!e Order No.4
Architectural Alliance has submitted Change Order No.4 dated June 26, 2001, totaling
$3,985.00, and consisting of five (5) items. The items include the following:
1. Relocate hollow metal door B03b and add $1,010.00
hollow metal door B03c
2. Additional blocking for furniture (ASI #13) 1,066.00
3. Additional electrical system costs related to 975.00
PR#18 (ASI#13)
4. Add %" treated nailer to roof2x6's (MC#6) 626.00
5. Add elevator eauioment room bassmouth fitting 308.00
TOTAL Chanl!e Order No.4 $3,985.00
Recommendation
Staff has reviewed, participated in discussions with the architect and contractor, and found the
content of Change Order No.4 items to be reasonable. Staff would, therefore, recommend that
the Arden Hills City Council approve Change Order No.4 with Rochon Corporation in the
amount of$3,985.00. The approval of Change Order No.4 would increase the total contract cost
to $3,060,070.93.
Enclosure
If <J' f-
':::5L: _
~
~~'~"....~;(..'-..........'..i.
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Rochon Corporation
Suite 181
3650 Annapolis Lane Ncr:h
Piymouth. MN 5-5447
Office 763.559.9393
Fax 763.559.8101
ii.,;,!
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TRANSMITTAL
To: City of Arden Hills
Arden mlls City Hall
4364 W. Round Lake Road
Arden mils, MN 55112-5794
Ann: Joe Lynch
Date: J1llIe 28, 200 1
Re: Arden mlls City Hall
1245 West H\\Y 96
Arden mlls, MN 55112
We are sending you:
Via Fax
Under Separate Cover Via
Attached
x
The following:
Copy Prints Plans
Specifications Shop Drawings X Change Order
Other - Check Deposit (refimdable) for plans and specs
Sampies
Submittals
Sheet No. No. of Copies Dated Descriotion
I 3 6/26/0 I Change Order Nwnber 4
These are transmitted:
X For Approval For Review & Comment
For Your Use For Your Information
As Requested For Bids Due
Sign and send to Architect
Approved
Not Approved
Approved as Noted
Notes: Joe, please sign all three, keep one copy for your records, forward one copy to architect and another
to Rochon Corporation.
cc:
File
:J!YqJ~
Assistant Project Manager
:;8 ;O!~.
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CHANGE ORDER NO.4
Project:
Arden Hills City Hall
1245 West Hwy 96
Arden Hills, MN 55112
To Contractor: Rochon Corporation
Suite 101
3650 Annapolis Lane North
Plymouth, MN 55447
Rochon # 0028
Date:
AR~HllECTURAl ALLIANCE
June 26, 2001
Comm No: 1997149
Owner: City of Arden Hills
Arden Hills City Hall
Round Lake Business Center
4364 W. Round Lake Road
Arden Hills, MN 55112-5794 .
It is mutually agreed that when this Change Order has been signed by the Owner, Architect, and ContIactor, the following
described changes shall be executed by Ibe Contractor and shall change the Contract as herein stipulated.
L Proposal Request No. 14: Relocate hollow metal door number B03b and add new hollow metal door
number B03c.
(Associated cost $1,010.00)
2. Proposal Request No. 18: Additional blocking for systems furniture
(See Architects Supplemental Instruction No. 13 for associated power and data requirements.)
(Associated cost $1,066.00)
3. Architect's Supplemental Instruction No. i3: Additional power and data for furniture at second level
(Associated with Proposal Request No. 18).
4. Miscellaneous Cost No.6: Treated Nailer at roof.
(Associated cost $975.00)
(Associated cost $626.00)
5. Miscellaneous Cost #9: Elevator Equipment Room Bassmouth Fitting.
(Associated cost $308.00)
Attachments: PR14, PR 18, Misc. Cost #6, Misc. Cost #9, ASI #13 and associated documents.
Original Contract Sum
Net Change by Previously Approved Change Orders
Contract Sum prior to this Change Order
Contract Sum will be increased by this Change Order
New Contract Sum including this Change Order
Contract Time will be unchanged by this Change Order...
$ 2,942,000.00
$ 75,491.00
$ 3,017,491.00
$ 3,985.00
$ 3,021,476.00
.....................0 days
Approved For:
:~~~/tz~~4;1L ::~
Title: tVl0.C17,,:rit-{/. Title:W#oJ,JAtfY.
Date: Date: cd/ }~;/ 0 I Date: (p- t- 7 -0 I
400 Cliflon Aven~e SOU(h, Minneapolis, Minnesota, 55403-3299, Tel:
City of Arden Hills
By:
Title:
Date:
(6121871-5703. Fax: (612)871.7212
AR~HIHC1U RAl ALLIANCE
PROPOSAL REQUEST NO. 14
e
Project:
Arden Hills City Hall
1245 West Hwy. 96
Arden Hills, MN 55 It 2
Date:
March ll, 2001
Comm No: ]997149
Contractor: Rochon Corporation
Suite 101
3650 Annapolis Lane North
Plymouth, MN 55447
Owner: City of Arden Hills
Round Lake Business Center
4364 West Round Lake Road
Arden Hills, MN 551J 2-5794
Copies to:
Owner
o Joe Lynch
o Dave Sherbel
D
Architect
o Jeanne Sterner
o Peter Vesterholt
o
Contractor/CM
o Robert Dew
D
D
Consultants
D Jay Cain -Cain Ouse
D John Meyer - MBJ
D
Please submit an itemized quotation for the changes in lhe Contract Sum and/or TIme incidental to proposed
modifications to the Contract DocumenlS described herein. Please provide an itemized quotation within 10 days.
THIS IS NOT A CHANGE ORDER OR AN AUTI-JORlZATION TO PROCEED WITH WORK DESCRIBED HEREIN.
Description:
L Relocate hollow melaI4'-O" x 7'-2 door number B03b in one hour wall as shown on attached drawing a2. J.
Add new hollow metaI3'-O"X 7'2" door number B03c in one hour wall as shown on attached drawing a2. J
detail.
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Attachments: a2.1 detail revision
Architect: Architectural Alliance
By: Jeanne Sterner
400 Clifton Avenue South, Minneapolis, Minnesota, 55403-3299, Tel: (612) 871-5703, Fax: (612) 871-7212
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INDI A TES
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o DECK
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ProJod ARDEN HILLS CITY HALL
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Comm. No.
1'3'3114'3
An CHITEtTURAL ALLIANCE
NEW BASEMENT DOORS
Dale 3-11-01
Drowlng No.
a2.1 revision
.00 CliFTON AVENUE SOUTH
MINNEAPOliS. MINNESDTA S5403.3UI
TEL (112) 111.5103 FAX 11121 nl~7212
Copyrighl 2000 ArchHedurol Alliance
Rochon Corporation
Arden Hills City Hall
Rochon # 0028
Proposal Request #14
Suile 101
3650 Annapolis Lane North
Plymouth, MN 55447
Office 763.559.9393
Fax 763.5598101
4/16/01
Description: Relocate hollow metal door #B03b, Add hollow metal door B03c.
Cost Breakdown
en or atena t er: U ontractor: a r ota
f_~9~.Q~~~L_~~,___________________-i______________________l-~-------------~~,Q.q-~-------------------.i-~---------~~;Q.Q_
~~_'!IerciaLI?_l?9!'~Y~!:'IJ}~L.!.~,____l.L__________~9.0QJ_____________________1___________1.L_____ 560;Q.Q_
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-----------------------~--~-----------'T'-------------------------y-----------------------.,.-------------------'T'---------------
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Subtotal: : $ 908.00
OH & p: i i : $ 90.80
-------------------------------------------~-------------------------T-----------------------r-------------------~-------------------
_______________________________~2.~~_,g~~1______________________J_______________________J__________________l._~___________!1.:?.~_
Total; : ! i $ 1,010.15
w.~.. p,,;~t M,ooge.
SubconfracforNendor Proposals Attached:
Friedges Drywall, Inc.
Commercial Door Systems, Inc.
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Total Proposal Request Costl
$1,010 l e
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IS
C"!"!\\EI~C:IAL
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S\TSTE.\\S, INC:.
PROPOSAL
Proposal Submitted To:
ROCHON CORPORATION
Address:
clo CHAD BLAHOSKY
Job Name:
ARDEN HILLS CITY HALL
Location:
ARDEN HILLS MN
Architect:
ARCHITECTURAL ALLIANCE
City; State: Zip Code
Phone:
763 559-9393
Fax:
763 669-Bl01
Date of Bid:
Addendum:
3/16/0 NONE
. WE ARE PlEASED TO QUOTE THE FOLLOWING:
. PROPOSAL REQUEST '14'
Add; Hollow Metal Frame; Hollow Mellll Door; Hardwara @ Door #B03C
ADD
$560.00
/
/
. SALES TAX & FREIGHT INClUDED I
. GLASS & GLAZING NOT INCLUDED.
. THANK YOU I
. RICK wOZNIAK
jJ.-~...;v.,:,.6QAoyo..
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430 Webster Streel . P.O. Box 37
New Marllet, MN 55054
(952) 481-3288 Fax (952) 461~289
CHANGE ORDER
Rochon Corporation
3650 Annapolis lane N. Suite 101
Plymouth, MN. 55447
Atln: Robert Dew
Change Order No:
Date:
Job Name:
Job Number.
Gen. Contmclor.
Project Manager.
Job Supervisor.
WorK On:fered By:
Dest:liptlon
2
4/11/01
Arden Hills City Hall
3110
Rochon
Robert Dew
Amount
I
r
(/W1~,ob 67l1t P&t7t"~ cr-r ~Mer ~evel
34a.00
Total This Change
Original Contract
Previous Changes
Total Contract
...!... 7'1"PIVl/.
$
$ >71f1,.(}tJ
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AR(HIHC1URAL ALLIANCE
PROPOSAL REQUEST NO. ]8
Project
Arden Hills City Hall
]245 West Hwy. 96
Arden Hills, MN 55112
March 30, 2001
Dale:
Comm No: 1997149
Contractor: Rochon Corporation
Suite 101
3650 Annapolis Lane North
Plymouth, MN 55447
Cily of Arden Hills
Round Lake Business Center
Owner:
4364 West Round Lake Road
Arden Hills, MN 55] 12-5794
Copies to:
Owner
o Joe Lynch
o Dave Scher bel
o
Contractor/CM
o Robert Dew
Consuttants
o Jay Cain -Cain Ouse
o John Meyer. MBJ
o
Architect
o Peter Schroeder
o Peter VesterhoIt
o
o
o
Please submit an itemized quotation ror the changes in the Contract Sum andlor lime incidental to proposed
modifications to the Contrncl Documents described herein. Please provide an itemized quotation wilhin 10 days_
TI-lIS IS NOT A CHANGE ORDER OR AN AlJfHORIZATlON TO PROCEED WITH WORK DESCRIBED HEREIN.
Description:
]. Provide pricing on additional blocking as required lor owners furniture systems, tackable bulletin
boards, coat racks and brochure racks as shown on the attached drawings. Blocking at base bid
lack board locations to remain as shown on bid documents.
2. Provide credit lor the omission of base bid tack boards in rooms ]2],120,119,124,125,]26,127,]30,
]30A and 202. Marker boards will be purchased under the owner's furniture contract lor those
locations.
Attachments:
1. Main Level Floor Plan.
2. Upper Level Floor Plan.
3. Detai] lor wood blocking.
Architect: Architectural Alliance
By: Peter Schroeder
400 Clifton Avenue South. Minneapolis. Minnesota. 55403-3299, Tel: {6l2} 811.5703, Fax: (612) B71.1212
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Comm. No. 1997149
Arden Hill City Hqll
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Comm. No. 1997149
ARCHITEClURAL AlliANCE
Proj.ct Arden Hill Cily Hqll
Da1. 3 16 01
400 CLIFTON AVENUE sa
MINNEAPoLIS, MINNES01A 55403-.
lEt. 16121171-5703 FAX IU2J 111-7212
frll.
Blocking Delqil
fRi\~.. ~
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"4
Rochon Corporation Sui\e 101
:1650 Ann::lpolis Lane Wulh
Plymoulh. MN !)f,-117
Otlic€ ?63.SS9,9393
fml. 763,~!)9.B 101
Arden Hills City Hall
Rochon # 0028
5/10101
Pro--I Reouest #18
DescrlptIon: ProvJdu IItJdJ1Jor1a1 bIocIdng and delete base bid tack bOIIrds. ~
Cost Breakdown
ear: u on c r:
Frie<lQ.e!l Drywall, Inc. _~ ~.___~L---1~~-i--- $72.ao--\.-!._.~.0l\8.00
L!I5~-!!!!l.R~__..--l!....- (1,110.oo)! ___---..1-- ! $ ~10.
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SubIofaI, 1$ 958_00
OH & pi ~ I ~ $ 95 80
___ ~ -----i- ------+----..---1 ....-
_.____.~----~~L----....L.-------..L..-- ; $ ---~
Tolali ! : ! S 1.005.78
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Total proposal Request costl
$1,0661
anager
SuboonlraclorNendor Proposals Att;;JChed:
Friedges Drywall, Inc.
Lake country Resources
~ &e 16S- .. 1'3 fw cJ..e"Vic,~
co~h ",-S'S.clt'i"'-k.} wi Pe.-I C(
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Il-'ItIposal5U~1llM 10 """ r-
Rochon Corporallon 612-559-9393 3/27101
"- Joe,.......
3650 Annapolis Lene North Arden Hills City Hall
ory, 3bo", ~ lip CcQo ............,
Maple Grove, MN. 55447 Arden Hills, MN.
....... ..........
Robert Dew 612-559-8101
w. ""n>by $ubmft spoclllcalloo" Ilhd _I.. far.
FRlEDOES DRYWALL INC. IS A OPEN SHOP CONTRACTOR
Wall blocking labor and materials for the following: pyopt71 Pifl1JtWl::ft.1 1>. 1,860.00
furniture blocking zt:r!>. ti ?
Ii ~a 11 ~tlr-1 F(Jr CJtI1- Hkr J J:7 i-~~,t7t' / ),." -
-
Frledges Drvwall to broom clean and Dlece In durnDSler sUlllllled by G.C.
w. proPO'" lIorcby to I_ moterlolaM Iabot-colTlpiele l-laCCOl'd8nce 1OIUlabovo OpoclficlllOll5 10' the .um or.
One thousand eight hundred sixIv $ 1,860.00
AI_Wif,~ID""_~ AlI-rkIob.ClGl'nPl.IIdlnaWWlVnWlll'lgmllftlM:ll'
~1ll.1MOMII,~. An'fall!nlklftar~fR:wa""cp.a)~~~
IIIlnl CDm.... lito ~ QNy ~ 'MJIbn "*" aN..... btIconIe.. ... w...g. __r ~
--...~, IIl1a. -.,.....oonClnI...~~.acdlIl__Of..ta.,.~oul'
""""" """".._....-....-""'"-'l'........... ""'.............,,- Aulh rlzed SI I T dd Fr" d s
DfW_"..............._. 0 gnaure 0 .e ge
Note: This proposal mey be withdrawn by us
Ir not accepted within 30 days
Acceptance Df PropDsal
TI'M above prlCe9, epec:lftcal:Jon end condiUOn!l "'I;!lUstactory andere hereby. '
accoptad. You 0" outhoIIzed to do lhe work as OlleCIlIad. Signature:
Dele of AcceDlance: Slanature: .
PROPOSAL
FRIEOGES DRYWALL
430 Webster Street
New Market, MN 55054
(612) 461-3288 fax (612) 461-3289
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Lake Country Resources
1120 County Rd 9 NE . Willmar;MN,56201 . (3201235-4431 . Fax:
(320) 235-5489
April 6, 2001
Chad Blahosky
Project Manager
Rochon Corporation
3650 Annapolis Lane North
Plymouth, MN 55447
Chad,
Proposal Request #18 at the Arden Hills City Hall project
deletes the marker and tack boards from room 121, 120, 119, 124,
125, 126, 127, 130, 130A and 202. The deduct would be as follows.
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-$1,110.00 Materials only
There would be a total deduct of $1,110.00 to our contract. If
you have any questions please give me a call.
sq;;:iL
Dave Collins
Estimator
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FJoehon Corporation
Sl,lil8101
~16!)() Allndpoli~, L<:>:nc: Nonh
f'lymolJth. MN 554.17
Of lice l(t:j.ob9 !::K~~X3
~~)X 763.559.8101
Arden Hills City Hall
Roohon "0028
Areh1t8c18 SuDDl8menta11n8tructlon #13
4123101
06&clipllon: Add<<I.A..bUl systanu and t&IoCBtloll of e/ec1l1c8l needed. .,
Cost BroIlkclown
en
G!?J!!.1!!rEb.bi..~~,Inc.
,.,;-"",
I a na
1$
-.----
.
.
--..-------------
.
.
.
I
,
r I U
381.00 !
,
,
I
,
~,,;J" ,.(~i?i
SubtaCat :
OH&P' I
-~---------+
Bond Costl . J
TotaIi i
, .
....~ooi;..---
,--.
~~~Manager
" -'...: ." .~ .. ,.
Sulx;anltaCtorN6T1dor Proposals AtIllched:
Gophel: Electric Call1aetot$, Inc.
or:
.
.
I
,
,
-r----
.
,
~--
,
,
$495.00 I $
!$
.
~
876.00
,
.
-------1----
,
.
....--...--
,
,
. $ 876.00
--I.-.J;!l7.60
! $ 19.95
I $ 974,55
Total ASI Costl
$9751
.. c:\~c.~ t"...\ COS\o; a....SDc..j...~J ..-\ l>t:.\~.
,......
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GOPHER ELECTRIC CONTRACTORS, INC.
COOIAIEIlOAl. . lNOUSTllIAI. . -gE>fTW.
1408 COON RAPlOS BOUlEVARO
MINNEAPOLIS. MINNESOTA 5$433
pl>one:755-193Q
Date; 3- 2'7------01
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RSQueST FOR CHANGE ORDER
--------------------------
To:'~~T DRtuJ
~U'o0 r ..&eP'
;
(c;..jJ/Ic;(. 49"0)
i>ro,ect: A....o,~ \.!.II~ C,-~ HAIJ
,,-.
<:'.rhis form is ,in regard to a request for compensation for
additional ..ork at the above lIite.
. qhange requested by: r.),,-,vt,d. - MdMFc--1- (f'/5./M. <:;1,,#1.21>,,)_) A\II3
...;....>:;_'.-",:.!.~;t.
'.'De~cription of change: t':~'" WC.w.ON oj. baktf-k.cwJ \I'm.., o.fA
e
","UI,I}C$ nll....../~t.
,
X.uTllN Pot~ ill.tiJ
.
., 1 I A I~D AOr7-i'D f1,4l'l: plJ..;.lr O~IJ"'" I:!!. Ale,,"''-
'~tolJ,f.IC. I'l<JJ Val'" CAt1 .~ Zol... 1}1J~Ff'2.1f1JCE fl.,
./
o.u.......u:. ~ 1...
M A~"'''' L :;Jt. 7. ;c:J
t.A$&IIl- 4 q S'. 00
7d:lJ.~
/S~ 1/q'.I!)<J
-----
'g7t."() A/JO
Please issue a change order or purcha6e order for the above work.
Cost of change:
."--
~~~y~ t~~lY.YOU//.!.,/};
~"t'$
-
GOPHER
INC-
Porm 0
TOTAL P.09
Rochon Corporation
Suite 101
3650 Annapolis Lane North
Plymouth, MN 55447
Office 763.559.9393
Fax 763 5598101
-
Arden Hills City Hall
Rochon # 0028
Miscellaneous Cost #6
4/16/01
Description: Drawing 1A/ 2.4, Add 314" Treated Nailer to 2"X6ms.
Cost Breakdown
en or ate ria er: u contractor: a or ota
':~9!~_1?.~~~,!'!'.',_._----------------~--------------------___t_~___________~~,QQ~_________.________-i-~________~~"QQ-
: : : : $ -
________________________________________......._________________________.L_______________________-"_________________--t..____________________
. . I .
. . I I
. . I .
____________________________________........________________________,.______________________r_________________.,.._____--------------
. . . I
I I I I
Subtotal: : $ 563.00
OH & Pi : ! i $56.30
___________________________________________-r________________________l_____________________-r________________-r-----------------
Bond Cost: : : : $ 7.04
---------------------------------------Tota~------------------------I-----------------------l------------------T$--------626~34-
$6261 e
c~~r.;;;;;,oject Manager
Total Miscellaneous costl
SubcontractorNendor Proposals Attached:
Friedges Drywall, Inc.
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pmpooal 5UtHrIlD4l-.0 p- 100~ .
Rochon Cornoratlon 612-559-9393 - 1/24101
s-o ....N_
3650 Anneoolis Lane North Arden Hills City Hall
City, St3tct, ~ 21p Cooe _L_
Maole Grove, MN. 55447 Arden Hills, MN.
--. . ' :O'...n~
Robert Dew 612.559-8101
We hereby submit specrncatloos and Mllmate& 'or.
FRlEDGES DRYWAll me. IS A OPEN SHOP CONTRACTOR
Rough carpentl)' labor and materials for the following: 563.00
add 1 x 6 at wood nailers at Slopped root
Friedoes Drvwall to broom clean and place in dumoster suoolied bv G.C.
w. PJOpos& henJby to flJmlsh metroal and labor...compJoloin occordOnoe wllh _ spedllcllllons for rho sum or:
Five hundred sixty three $ 563.00
AA~i:ss-nna-d~te...~ ""~lI;lD"c~)n.WOfIl:1NnIt_JMNl"
1Il000rd"'UIl~pNCUco... A"r~or~~""'lII*iriCII*,,-i~
MVIoIC(I,awllt.. ~ OfIrrUIlO"-Wlm.n~. UIOwIb t.clatrMl:ll... ftr.I ~ CWI:lr~
."""'the...."..... 4ll.~.oomIrlrortvpoot.....gvC""-,,:OO'f.......l\olyMd..,,
~e>-tlM'll:ItliVfJll....~llU'IdCllM'n~~ry~OUrWDl"Ol'l...I'\iItt~. ,~
br w,,>-', """'_'M_ao. Authonzed Signature 10dd Fnedges
Note: This proposal may be withdrawn by us
it not accepted within 30 days
Acceptance of Proposal
The above pr1l:eo, opecin""llon ond c:ondlllon9 are salIsrocu>l)' and are_y
oc;oepted. YD\J ",ellUlhoriZe<l \0 do the Y'/OrX as speclned. Signature:
Date of Acceptance: SiQnature:
PROPOSAL
FRIEDGES DRYWALL
430 Webster Street
New Market, MN 55054
(612) 461-3288 fax (612)461-3289
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Rochon Corporation
Suite 101
3650 Annapolis Lane North
PlymOUlh. MN 55447
Office 763 559.9393
Fax 763.559.8101
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Arden Hills City Hall
Rochon # 0028
Miscellaneous Cost #9
5f7101
Description: Elevator Equipment Room Bassmouth Fitting.
Cost Breakdown
en or atena t er: u contractor: a r ota
Kumar Mechanical, Inc. ! $ 277.00 : : ! $ 277.00
___________________________________________T__________--------------l---- --------------------~-----------------..,.-------------------
: : I ; $ -
__________________________________________...L.________________________..._______________________...________________...a.___________________
I I I I
I ) I I
I I I I
__________________________________________..,..________________________,,_______________________-r________________---.....--------------------
I I I I
I , I ,
Subtotal: : $ 277.00
OH & p! ! : : $ 27.70
----~~-------------~------------------------ir--.-.--------------------T----------.-------------~-------~-----------ir-------~------------
. Bond Cost: : : ; $ 3.46
-.------------.------------------------Tota~-------------------------1--'---------------------1-------------------r-$---------'308:'1-6-
Ch'dB~""."
Total Miscellaneous Costl
$3081 e
SubcontractorNendor Proposals Attached:
Kumar Mechanical, Inc.
~Oi~'. -mUe. l~ A ~~\\\"( Or'
F\\le ~ f-lTrtNbS.
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Kumar
Mechanical
Inc.
KUMAR MECHANICAL, INC.
817 S.W. 3RD STREET SillTE fll,
NEW BRIGHTON, MN 55112
TEL: 6.51-636-6564
FAX: 6.51-636-2093
E-Mail Kummech@aol.com
+ CDtltr:lC~tOrs
t ElJ,glDeers
1'0:
COMPANY:
PHONE:
FAX:
Chad
Rochon
763-559-9393
763-559.8101
FROM: Navin Kumar
KMICOR#: 20013-17
, DATE: 511/01
CHANGE ORDER PROPOSAL:
PROmCI':
ArWl Hills City Hair
DESCRIPTION:
Elevator EquipmeDl Room bass mouth fitting
.
DESCRIPTION QTY MATERIAL SHOP FIELD MISC
HOURS HOURS $
Bassmouth fitting to fit duct tight under beam I 4
(cutting, me3suTing, bending)
TOTALS 0 0 4 0
TAX RATE RATE MULTIPLIER
1.070 61,00 61.00 I
DOlLARS 0 0 244 0
.
SUB'IOTAL
244
NOles:
SUBCONTRACTOR
0
TOTAL DIRECI' COSTS 244
PERMIT % 1.5 4
BOND % 0 0
INSUR % 2.00 5
OH&P % 10.00 24
TOTAL $ 277
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~~HILLS
MEMORANDUM
DATE: July 5, 2001
TO: Joe Lynch, City Administrator
FROM: Terrance Post, City Accountant @j)
SUBJECT: Joint Fire Board Alliant Tech Expenditure Recommendations
Backl!round
The May 30, 2001, minutes of the Joint Fire Board (i.e., cities of Arden Hills, North Oaks, and
Shoreview) meeting reflect discussion concerning the Lake Johanna Volunteer Fire Department
(LNFD) spending priorities to be funded from Alliant Tech contract revenues.
e Issue
In March, 2000, a policy adopted by the Joint Fire Board allowed input in the spending decisions
of Alliant Tech contract revenues by the Board instead of by the sole discretion ofLJVFD. As
the Board represents the three (3) contract cities, Board recommendations require approval by
the respective city councils.
Discussion
The Fire Board approved a 2001 expenditure of $40,000.00 from Alliant Tech funds to purchase
lights for unit 835 ($2,000.00); audiovisual upgrade at all four stations ($8,000.00); and duty
crew funding for 7/1/01 to 12/31/01 ($30,000.00).
Councilmember Larson and City Administrator Lynch, are City of Arden Hills representatives
on the Joint Fire Board and can be resources in council discussion of this matter.
Recommendation
At the July 9,2001, regular council meeting, the Arden Hills City Council should, by motion,
either approve or deny the Fire Board spending recommendation; or table the matter pending
additional information.
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MEETING MINUTES
JOINT FIRE BOARD
MAY 30, 2001
8:00 A.M. - NORTH OAKS CITY OFFICE
j~::CE.'l
;q'- i r, \'"1 ,-;r,,",.-:
",,:u;\l, >,.J I LUG \
('>,-' ,
'.'< !
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CALL TO ORDERlROLL CALL
The meeting was called to order at 8:00 a.m. by Chairman, Thomas N. Watson, pursuant to due
call and notice thereof. .
Present:
City of Arden Hills: City Administrator Joe Lynch; City of North Oaks: Mayor
Thomas Watson and City Clerk Nancy Rozycki; City of Shore view: City Manager
Terry Schwerm; Lake Johanna Fire Department: Fire Chief Dave Schreier and
Assistant Chief Tim Boehlke.
APPROVAL OF MINUTES AND AGENDA
MOTION: Mr. Lynch moved to approve the agenda with additions. Motion seconded and
carried unanimously.
MOTION: Mr. Lynch moved to approve the minutes of March 28, 2001 as mailed. Motion
seconded and carried unanimously.
DUTY CREWS
Mr. Boehlke distributed a proposed outline for establishing duty crews; he emphasized that the
duties, activities, and pay were tentative and that the organizing would evolve with experience.
The Board discussed possible revisions and noted there would be an economic benefit when the
crews were established and productive. There was general agreement that the concept is a good
one and that a progress report would be informative and of assistance in evaluating the concept.
It was noted that this was not a budget item for 2001 and that funds would have to be allocated
in order to initiate formation this year.
2002 BUDGET
Chief Schreier said that the proposed capital and operating budgets would be prepared by the Fire
Department by the end of June and mailed directly to the Fire Board members.
SPENDING PRIORITIES - ALLIANT TECH FUNDS
The Fire Department submitted a Spending Priority Summary (attached) which they proposed
to take from Alliant Tech contributions. Funding for the duty crews is the most important to
them. There is $398,000 in that fund with another $70,000 due later this year. After referring
to the policy set by the Fire Board in March, 2000, it was established that the fund balance is
significantly above the minimum set. Discussion ensued on including capital expenditures in
the 2002 budget instead of having a separate account.
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JOINT FIRE BOARD MEETING - MAY 30, 2001
Page 2
.
It was suggested that some items were of more urgency than others in the priority listing. Mr.
Schwerm moved to approve the seven items totaling $117,000 as submitted by the Fire
Department. Motion seconded. Mr. Lynch hesitated approving these items without comparison
to all other expenditures and preferred to have it set forth in a total budget. Mr. Watson said that
he was not familiar with the Fire Department budget and would normally be in favor of
postponing any action until the next meeting. Mr. Schwerm accepted an amendment from Mr.
Lynch to delete $77,000 from the requests and to approve an expenditure of$40,000 to purchase
lights for Unit 835, audiovisual upgrade at all four stations and funding for a duty crew for six
months. Motion carried unanimously. It was agreed that the other items would be included in
the 2002 budget and was suggested that the Fire Department offer some options for using the
Alliant funds.
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TANKER
Chief Schreier said that he will be meeting to discuss replacement of the tanker at Station 2.
North Oaks will need to plan the expenditure in 2002.
Chief Schreier also announced that the ISO water shuttle drill will take place in North Oaks on
June 14,2001 beginning at 6:00 p.m.
NEXT FIRE BOARD MEETING
The next meeting will beheld on August 8, 2001 at 7:30 a.m. at the North Oaks City Office, 100
Village Center Drive, Suite 150.
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ADJOURNMENT
On motion duly made, seconded and carried unanimously, the meeting was adjourned at
9:20 a.m.
Nancy P. Rozycki,
Clerk-Treasurer
City of North Oaks
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LAKE JOHAN~~A Volunteer Fire Department, Inc.
Serving: Arden Hills, North Oaks, & Shoreview
1140 West County Road I
Shoreview. lvlinnesota 55126
Telephone: (651) 481-7024
Fax: (651) 486-8826
Spending Priority Summary
Things to purchase this vear
!. $ 2,000 Unit 835 additional lights I
2. $ 14,000 Dress hats and coats /
3. $ 8,000 Audiovisual upgrade at all four stations
4. $ 3,000 Cold-water rescue equipment
5. $ 20,000 Washers/extractors, 1 for each station /
6. $ 40,000 Rescue equipment .1/
7. $ 30.000 Duty Crew for six months V
$117.000 . Total
FrOi1'\
1}{(;C<.~f" T;.<.-t, t..."..f..;b""+:....t;
"We Volunteer Because We Care"
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~HILLS
MEMORANDUM
DATE:
July 5, 2001
TO:
Joe Lynch, City Administrator /JrlJ
Terrance Post, City Account~
Shoreline Lane cul-de-sac Construction Update
FROM:
SUBJECT:
Backl!round
The Development Agreement between the City of Arden Hills and Josephine East LLC calls for
the developer to have completed road improvements by August 15, 2001. In exchange for the
completion, and acceptance by the City of Arden Hills, of these road improvements by this date,
encumbrances of the westerly two lots over the easterly two lots go away, allowing construction
to begin on the easterly two lots.
Issne
A letter from City Engineer Brown to City Administrator Lynch recommends that the City not
accept road improvements by the developer in their current condition.
Discussion
City Attorney Filla has been briefed on this situation. Mr. Rekuski, representing the developer is
anxious to proceed with construction on the two easterly (Lexington Avenue) lots. Both Mr.
Rekuski and Mr. Pilla are expected to be available for Council comments or questions. One
possible option is to require the developer to post a $10,000 performance bond in favor of the
City of Arden Hills to ensure completion ofthe road improvements. The developer would then
be allowed to begin construction activities on the easterly two lots.
Other Concerns
City Attorney Pilla has raised the issue of traffic coming from north of the new cul-de-sac and
the City's intent to not maintain this access (e.g., during the snow season). Such access is
currently over private property.
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Mr. Joseph Lynch
City Administrator
City of Arden Hills
4364 W. Round Lake Road
Arden Hills, MN 55112
RE: Lake Josephine East Cu1-de-Sac/Grant Construction
Dear Mr. Lynch,
We understand that Grant Construction has finished the construction of the Shoreline Lane Cul-de-Sac.
This letter is to confirm that Mark Lynch from URS has visited the site during construction to insure
proper construction methods were used. Mark was able to confirm that the base and bituminous were
constructed to the City's requirements.
It was brought to our attention that sanitary and water services were not supplied from the mains to the
right of way to the Lot 1, Block 1 as indicated on the approved plan submitted by the developer.
Eventually services will need to be extended to the property at which time a portion of the road will need
to be excavated to make the connection with the sanitary sewer and water mains.
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It also appears that the cul-de-sac was not built exactly as the approved plans had shown. However, it
appears that the cul-de-sac will drain properly and should not affect the function or maintenance of the
road. Additionally the Contractor raised the cul-de-sac one-foot with the City Engineer's approval.
Although the road grade was raised one foot from the approved plans the grading was not extended into
Lot 1, Block 1 leaving a low undrained area adjacent to the road.
The City Engineer recommends the City does not accept the road improvements until the services have
been installed to the Lot 1, Block 1 right-of-way and the road has been properly patched and the low area
as been filled to alloVv' for proper drainage.
Sincerely,
URJforporatio:4
~nown,t?~
Arden lfu~~~ty Engineer
Thresher squaree
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
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~HILLS
MEMORANDUM
DATE:
July 5, 2001
TO:
Joe Lynch, City Administrator d~
Terrance Post, City Accountant QV
Proposed Settlement - Keithson Pond Easement Acquisition
FROM:
SUBJECT:
Backl!round
The City of Arden Hills undertook Keithson Pond improvement in 1992 and completed the work
in 1993. As part of the project, the City condemned certain permanent and temporary easements
to allow storm water to flow into real property owned by George and Mary Reiling. In 1992, the
City paid Mr. Reiling the sum of$16,680.00, which was the City's appraised value for the
permanent and temporary easements.
The Reiling's did not accept the City's 1992 payment as full consideration for the taking. As a
result, this matter has been in some form of litigation for the last nine (9) years.
Discussion
Prior to this matter advancing through Ramsey County Second Judicial District Court (court file
No. C6-91-12953), the parties have arrived at a proposed stipulation settlement agreement. City
Attorney Filla, will present the details of the proposed settlement to the City Council.
Action
If the Arden Hills City Council agrees with the provisions of the stipulation settlement
agreement, they should so move and direct staffto satisfy all requirements related thereto.
Jun-25-2001 13:17
From-PETERSON FRAM BERGMAN
6512281753
T-21i P.002/004 F-271
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STATE OF MINNESOTA
COUNTY OF RAMSEY
DISTRICT COURT
SECOND JUDICAL DISTRICT
Court Fife No.: C6-91-12953
Oty of Arden Hills,
Plalntlff,
Vs.
~PUlAT!DN ~~LEl\I!eNT
ACiIU;e~ENT
George J. Reiling and
Mary Reiling,
Defendants.
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ThIs Stlpulated Settlement Agreement is made and entered Int:o bV and
between the City of Arden Hills C'City") and George J. Relllng and Mary Reiling
C'Reillng'?
RECITALS
WHEREAS, this case Involves a condemnation of certain permanent and
temporary easements by the City over, under, and ac:ross real property owned by
Reiling ("Reiling Property").
WHEREAS, the Oty has paid Rellfng the sum of $16,680.00 whiCh was
the CIty's orIginal appraised value for the permanent and temporary easements,
WHEREAS, the permanent easement encompaS5e$ the major storm
water ponding area on the Reiling property ("Reiling Pond".
WHEREAS, there Is another wetland like area on the Reiling Property
("Farmers Pond") located easterly of Reiling Pond.
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Jun-25-2001 13:17
From-PETERSON FRA~ BERGMAN
6512281753
T-218 P.003/004 F-271
'-
WHEReAS, the Oty and Reiling desire to resolve this litigation by means
of this Stipulated settlement Agreement.
NOW THEREFORE, In conslCSeratlon of the following promises and
covenants, the partJes agree;
1. Reiling shall retain the sum of $16,680.00
2. The City shall pay Reiling 43,000 os attomeys fees and costs Incurred
herein which amount shall be tendered to Reiling upon receipt of the
Grant of Permanent Easement attached hereta as Exhibit A.
3. When the Reiling Property is developed, Reiling or their assigns will
follow all proc:ec:lures and obtaIn all permits required by the oty's
regulations In connection with such development end the City will not
oppose the grading or "IIIn9 of the Farmers Pond pursuant tc said Oty
permits and regulCltlons.
4. The City wI/I not oppose the reQuest of Reiling or their assigns for
permits, If needed, from other permitting agencies In connection with
such grading or filling of the Fermers Pond.
5. The parties shall execute and record the Stlpulation or Dismissal with
Prejudice and Without Com attached hereto as Exhibit B.
6. The City will reduce the Surface Water Management (SWM) utility fee
presently Imposed on the subject property by the area of the
easement granted herein. ~nd reimburse Reiling for SWM fees
previously paid for the easement area since the date Of orIginal taklng.
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Jun-15-1001 13: 17
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Dated:
Dated:
Dated:
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From-PETERSON FRA~ BERGMAN
6511181753
T-1IS P.004/004 F-171
CITV OF .RDEN HILLS
Joseph Lynch
City AdmInistrator
ReILING
George Reiling
Mary Reiling
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June 27,2001
Peterson, Fram & Bergman
50 E Fifth St., Suite 300
St. Paul, MN 55101-1197
Re: George J. Reiling and Mary Reiling
City of Arden Hills
Analysis ofSWM Fees Paid for Reiling Snelling Ave. Property
1993-2001
The City of Arden Hills initiated a Surface Water Management (SWM) utility beginning on ..
April 1, 1993. The Ordinance creating the utility addressed different fee rates per acre based .,
upon land use. The lowest land use was "undeveloped land". The associated SWM rate for this
use is $6. 14/acre.
Mr. George Reiling is billed an "undeveloped land" SWM on several parcels in Arden Hills. Mr.
Reiling is billed on utility account number 09-01200-00. The current quarterly billing for all of
Mr. Reiling's properties (1,658,196 square feet) is $232.98. Mr. Reiling last paid his utility bill
in second quarter 2000 and currently has a delinquent balance of $768.84.
The portion of Mr. Reiling's undeveloped land holdings in Arden Hills that is represented by the
"Reiling Pond/Snelling Avenue" property, is 1,023,574 square feet. (23.49 acres - PIN
223023220009). The quarterly billing for this entire 23.49 acre parcel is $144.32 ($577.30
annually).
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tAl \:,B) lC) A
\YJ _ Quarters Square footage of Ratelsquare feet! Total paid
easernent/narcelarea Quarter
...I-
1993 3 106,068 .000141 f 44.88
1994 4 106,068 .000141 59.82
1995 106,068 .000141
1996 4 106,068 .000141 59.82
1997 4 106,068 .000141 59.82
1998 4 106,068 .000141 59.82
1999 4 106,068 .000141 59.82
2000 4 106,068 .000141 59.82
2001 2 106,068 .000141 29.91
') 433.71
Note: Mr. Reiling has not paid SWM fees for third and fourth quarters of2000 and first and
second quarters of 2001.
Sincere/~O-,
T=~,,'~7
City Treasurer
cc: Jerry Filla
Joseph P. Lynch, City Administrator
TRP/jb