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Home My WebLink AboutCCP 06-21-1999 ~, -.... CITY OF ARDENHlfJl-E 4384 WEST ROUND LAKE ROAD ARDEN HILLS, MN SB11e~5784. . AGENDA CITY COtlNCIL WORKSESSION CITY HALL . MONDAY, JUNE 21, 1999,4:45 P.M. 4:45 P.M. 1. CaD to Order 4:45 PM. 2. >>iseussio. Items a. Code EnforeementlSocio-economic Data b. 2000 j3udgetlCIP c. Codification d. TCAAPZoning . 7:15 P.M. 3. MiseellaDeous Items 7:30 P.M. 4. Adjourn The above timelI may VlI1'Y depending upon IeIIgIh of issue disI:usiion. . PI lONE: (112) 833-5878 · FAX 18181833-7838 ...,-. .,0;.: Tentative JUDe MeetiQsr SrhHIule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. June 2 Planning Commission 7:30 P.M. June 14 Council Meeting 7:30 P.M. June 21 Council Worksession 4:45 P.M. June 22 Parks & Recreation 7:00 P.M. Committee June 28 Economic Development 7:00 P.M. Authority Jnne 28 Council Meeting 7:30 P.M. June 30 Communications 6:00 P.M. Committee . Tentative Julv MeetiDl! Scbedule Meeting dates, times and locations are subject to change. Please contact City Hall for the most current schedule. July 7 Planning Commission 7:30 P.M. July 12 Conncil Meeting 7:30 P.M. July 15 Operations Committee 6:30 P.M. Open House July 19 Council Worksession 4:45 P.M. July 26 Economic Development 7:00 P.M. Authority July 26 Council Meeting 7:30 P.M. July 27 Pm & Recreation 7:00P.M. Committee July 28 1-35W Corridor 5:30P.M. Coalition Board Meeting July 28 Communications 6:00P.M. Committee . 06/17/99 THU 15:29 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 4194 6286833 06/17 15:28 00'34 2 OK 06/17/99 THU 15:30 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills Ig] OOi ********************* *** TX REPORT *** ********************* 4195 6339550 06/17 15:29 00'34 2 OK 06/17/99 TIIU 15:32 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden lIi11s 19J001 ********************* *** TX REPORT *** ********************* 4196 6333846 06/17 15:30 01'12 2 OK 06/17/99 THU 15:33 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 19J00i ********************* *** TX REPORT *** ********************* 4197 4810551 06/17 15:32 00'46 2 OK 06/17/99 THU 15:34 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIllE USAGE T PGS. SENT RESULT . . Clty of Arden Hl11s IitI001 ********************* *** TX REPORT *** ********************* 4198 4821262 06/17 15:33 00'44 2 OK . _ SAINT PAUL .P10NEER PRESS NORTH SUBURBAN EDITION SATURDAY, JUNE 19.1999 SERVING NORTH SUBURBAN COMMUNITIES State may manage ammunition plant DETAILS The patrol statiOn could be housed In the ..me building 88 the public works "aell.. Ity,shartng offices and meet. Ing rooms with . the publlc works department. II8Id Ramsey County commissioner Tony Bennett. . . Now, county officials mayconside.r another Use of the land Citingtbe over- crowding of tbt'! Ramsey County Sheriffs Department patrol station in Shoreview, county commIssioner Tony Bennett has suggested moving the facility to the arsenal site. "At this stage of the game it's been a disewls10n item;" Bennett said "We're just: looking at ways to save money." Bennett said Sheriff Bob Fletcher is will- ing to consider the idea. Calls to Fletcher's office this week were not :returned. The patrol statioo rould be housed In the same building as the public works facility, . sbarIng offices and meeting rooms with the . publlcw$ department, Bennett said. . Several agencieS eager to occupy anenal site NANCY NGO STAFFWRlTER With just two legIs1ative steps feIIlalning, the Twin Cities Anny Ammunition PI&Dt in Arden H11Is could be lransfem!d from fed- eral to state control any day now. Among those waiting In line for the switcb is Ramsey County, which wants 36 acres for a pubUe-worts facility. The joint- "'" facility would include the City of Arden H11Is, the National Guard and Other inter- ested cities. NORTH SUBURBAN ~RVING NORTH SUBURBAN COMMUNITIES PROPERTY .. CONTlMJEO RlOM 18 commUDi.catioos center. MangIne said the ....... bulld- ing is too small to house the grow. ing number of staff and volunteer programs as well as equipment and lab space.. Due to lack of storage. space, some of the station's boats and other equipment 'gets left outside. The lakes and rivers patrol is one of the. patrol station's main func- timm. "We could use a larger facility," said Lt, Jim Daly, patrol supervl. sor at. the station. The building houses more than 100 full-time employees and 150 volunteers. "It is pretty crowded. 'We have poople, sbaring offices," he said. However, Daly said he was DOt aware of the possible shared facil. ity_ODS. The transfer of 1,200 acres of the 2,37G-acre arsenal property from the U.s. Army to the Nation. aI Guard came a step closer last week when a provision of the Department of Defense authoriza- tion bill passed in the House. Almost a month. ago, the Senate passed Its version of the bill, wbich says tbat the ~al land can be 1med for communities. The provision is an alternative route to the lengthy process of getting several signatures throogb the U.S. Army. The Guard's approach of sharing' land for com- munity use bas been controversial on the federal level. The bill mlL1t go to a conference committi!e before reaching the president for a floal signature. When the bill is signed, the land caD be transferTed. and Communi. ty uses of the property can begin. The City of ArdeD mils also bas its eye on the land; it needs 2.7 acnis for a new city ball. The Army has been cleaning up the hmd after dangerous solvents were found io the water from environmental studies that began in -1918. The arsenal opened In 1941 and functioned as a small. arms ammunition producer during World War 11. the Korean and Vietnam wars.. Nancy Ngo, who covers north suburban cOmmunities. canbereaciliad at nncooplonHrpNP.CIOIII Of (651] 481. 0433. ,The sheriff's deparlmeot has beeo pIan-. Diiig III upand or relllCllte the patrol sta- tion at some point, said Julio Mangine, oounty property manager. "It does seem like a good fi~" he said ci( \he Joint IllClltlOD _ODS, "I think that ~...a.J'bud.y wOO'i talked about it tbougbt it was possible." The current sheriffs patrol station, on 5.3 acres at 655 W. County Road E in Sboreview, was built in 1953 as a branch of the Ra""y County Library. In 1988, it was converted into the.patrol station. \ The station ~ office spaces, meet. ~ rooms, storage facilities and a jpiDt. PROPERTY CONTINUED ON '2B .. . . . :;'"-~.:',..;'~; :'_;r;:~" i; J '_~ I ~ ~. ! ~ "; y ~-~ Ic~'ij;i-".;,': CITY OF ARDEN HILLS MEMORANDUM DATE: June 21, 1999 TO: Mayor and City Council '" .:. Kevin Ringwald, Assistant to the City Administrator ~. GIS data update - socio-economic data FROM: SUBJECT: The City via the North Metro I-35E Corridor Coalition (Coalition) has received the socio- economic data. This data was compiled from a variety of existing sources utilizing the Coalition's concept of sharing existing data rather than recreating data. The socio-economic data is a 95 percent sample of all households in the Coalition and can be updated annually. As opposed to the Census data that is less than a 10 percent sample updated every ten years and then projected forward for each year. To ensure anonymity, the Coalition's consultant did aggregate the data to a block level, which was a requirement of some of the data sources. Attached, as Exhibit A is a summary of the data and a description of the data. Also, attached are four maps constructed in the City's GIS utilizing this data. [ii~~~j! INSIGHT MAPPING & DEMOGRAPHICS, INC. :I3[1~1 i~Ji'i!I.!ji!;t~, 17258JASPER CT., LAKEV1LLE, MN 5$044- (612) 898-1,63 . Socioeconomic Data Development Pro~ This project is a unique effort to develop and maintain a base of small-area demographic data for use in all types of neighborhood initiatives, school enrollment and boundary planning, community needs analysis, lifecycle housing analysis, and program design. This initiative seeks to fill a serious gap in the availability of quality data while also recognizing the growing demand for information to help understand the dramatic changes underway in many of our metro area neighborhoods. Key Concepts Through a series of information sharing and non-disclosure agreements, Insight Mapping & Demographics, Inc. has been granted access to information maintained in key state, county and local administrative databases. Included is information from school census files, utility billing records, county tax and dwelling data, driver's license, vehicle registration data, and others. . These data sources constitute the best and most reliable information about individuals and households in the Twin Cities. Insight Mapping's role is to merge these various data sets based on names of individuals, their addresses and property IDs. By virtue of the processing and application dates in the databases, our processing routines' sort out current from past residents, assign a head-of-household, and pull together profiles for each resulting household. These household profiles are then aggregated and summarized to a blockface level and all identifying names and addresses are removed. A blockface is defined as one side of a street between two intersections. Where a single blockface has fewer than three resident households, adjacent blockfaces are pulled together until at least three households are contained in the group. These summary profiles are then made available to our funding partners. None of the data on individuals or households is shared with any other party. From previous projects we know that we are able to develop profiles on 90 to 95 percent of the households in a community. Of those profiled households, we typically end up with dates-of-birth on 97 or 98 percent of the individuals in those households. Where data is missing or incomplete, household profiles are modeled using data from other similar households living on the same blockface. With completion of each project, the results of our analysis are checked with other available demographic sources for consistency. . Insight Mapping & Demographics retains no financial ownership in the resulting profiles. We serve the organizations that fund the processing and provide the data used in generating our neighborhood profiles. Beyond the initial development of the profile data, most of our clients anticipate the need to generate annual updates to our profiles. Insight Mapping is committed to providing continuing support to these projects. 1-35W Corridor Coalition - Socioeconomic Data File Lavout . Field Name ID State_cd Cnty-cd Sch_Dist Att_Area City-cd Cens_tre Cens_bg Cens_blk DescriDtion Insight Block roll-up identifier State code County code School district code School attendance area City code Census tract Census block group Census block TotLpop Pop_L T3 Pop_3_5 pop_5_11 pop_12_14 Pop_15_ 17 Pop_18_20 Pop_21_24 Pop_25_34 Pop_35_44 Pop_ 45_54 pop_55_52 Pop_53_54 pop_55_74 pop_75_84 Pop_GT84 Pop_UNK Summ_LT18 Summ_GT64 Summ_GT75 Total population Count of population less than 3 years old Count of population 3 to 5 years old Count of population 5 to 11 years old Count of population 12 to 14 years old Count of population 15 to 17 years old Count of population 18 to 20 years old Count of population 21 to 24 years old Count of population 25 to 34 years old Count of population 35 to 44 years old Count of population 45 to 54 years old Count of population 55 to 52 years old Count of population 53 to 54 years old Count of population 55 to 74 years old Count of population 75 to 84 years old Count of population more than 84 years old Count of population of unknown age Summary count of population less than 18 years Summary count of population greater than 54 years Summary count of population greater than 75 years . Kid Race_UN KidRacej,M KidRacej,S KidRace_HI KidRace_BL KidRace_WH KidLang_UN KidLang_EN KidLang_OT TotaLHH Type_1A Type_2A Type_3A Type_1P Type_2P Type_EF Type_1S Type_2S Type_AS Type_UNK Count of children's race/ethnicity: Unknown Count of children's race/ethnicity: American Indian Count of children's race/ethnicity: Asian Count of children's race/ethnicity: Hispanic Count of children's race/ethnicity: African American Count of children's race/ethnicity: White Count of children's primary language: Unknown Count of children's primary language: English Count of children's primary language: Non-English Count of households Count of single-adutt households Count of two-adult households Count of three+ adutt households Count of single-parent households Count of two-parent households Count of extended family households Count of single senior households Count of 2+ senior households Count of adult/senior households Count of households with undetermined composition . HH_Adult HH_wChild Count of adutt households without children Count of families (household wI children) . . . HH_Senior Count 01 senior-based households HOH_L T25 HOH_25_34 HOH_35_ 44 HOH_ 45_54 HOH_55_64 HOH_65_74 HOH_GT74 HOH_UNK PerHH_1 PerHH_2 PerHH_3 PerHH_GT3 Count 01 heads-ol-household less than 25 years Count 01 heads-ol-household 25 to 34 years Count 01 heads-ol-household 35 to 44 years Count 01 heads-of-household 45 to 54 years Count of heads-of-household 55 to 64 years Count of heads-ol-household 65 to 74 years Count of heads-of-household more than 74 years Count of heads-of-household of unknown age Count of one-person households Count of two-person households Count of three-person households Count of 4+ person households Homestead Non_Hstead DwelLCndo DwelLApt1 Dwell...Apt2 Dwell...Apt3 DwelLMH Dwell_SF DwelLDplx DwelL Trpx Dwell_Obi DwelLTH DwelLUNK Count of homesteaded properties Count of non-homesteaded properties Count of condominium dwellings Count of garden apartment dwellings Count of walk up apartment dwellings Count of elevator apartment dwellings Count of mobile home dwellings Count of single family dwellings Count 01 duplex dwellings Count of triplex dwellings Count of double dwellings Count of townhome dwellings Count of dwellings of unknown type Tenure_L T1 Tenure_1yr Tenure_2yr Tenure_3_ 4 Tenure_5up Tenure_Unk RentaLL T1 RentaUyr RentaL2yr RentaL3_ 4 RentaL5up Rental_Unk Owned_L T1 Owned_1 yr Owned_2yrs Owned_3_ 4 Owned_5_9 Owned10_19 Owned20_29 Owned_30up Owned_Unk Count 01 h'holds who have lived at current address less than 1 year Count of h'holds who have lived at current address 1 year Count of h'holds who have lived at current address 2 years Count of h'holds who have lived at current address 3 to 4 years Count 01 h'holds who have lived at current address 5 or more years Count of h'holds where tenure is not known Count of rental h'holds who have lived at current address less than 1 year Count 01 rental h'holds who have lived at current address 1 year Count 01 rental h'holds who have lived at current address 2 years Count of rental h'holds who have lived at current address 3 to 4 years Count of rental h'holds who have lived at current address 5 or more years Count of rental h'holds where tenure is not known Count of owner h'holds who have lived at current address less than 1 year Count 01 owner h'holds who have lived at current address 1 year Count 01 owner h'holds who have lived at current address 2 years Count of owner h'holds who have lived at current address 4 to 4 years Count of owner h'holds who have lived at current address 5 to 9 years Count of owner h'holds who have lived at current address 10 to 19 years Count of owner h'holds who have lived at current address 20 to 29 years Count of owner h'holds who have lived at current address at least 30 yrs Count of owner h'holds where tenure is unknown Homes_Sold AggcSales Homes_Tax Aggr_Value Count of Single Family homes sold in past 5 years Aggregate sale price of homes sold in past 5 years Count of Single Family homes with recorded tax valuation (1999) Aggregate tax valuation of single family buildings and land (1999) INSIGHT MAPPING & DEMOGRAPHICS, INC. (6/1999) 2 Number of Children less than 18 years old - 1999 l[0rr~'\<}.',f,1 ' iW2~---~:-, :''':::;~: ; ~ In -,,- --"" Jl(:::if..-J/ 0 c ~% ~T, ~ II.I}'--_. 0 0 ,;C> \I .----tr \ I~Jf~~~~~q~ !~-~-~--~~\~-~"~~~1~1 II'i;::::,~----"l ~~~~ , .#"~../ , II L~lbl_I' {-' ~ -<,'l~ic--" 11 : ~I'VI-:---j; Uil~;' )J ,/,/"'- Iii [I . .I........-._-.~,....-~../ , .~ , '11L., ---~~.----- i 'II IJ ,-- ---- ~--..,,"'t '. -d' ~rn '" ,ill dJ' \ )J. /, " J ,r-,--................' flV ) , . J~ . '11'1 ~ /lJJ -'i,\7 / I ,._~j'! 'o:'~ !(JJ / /-""',.6/ 1 ", ~ / I'll' /;,,1..,(/_11 ' / I/"' t-~I t ;? ,I V I 1\ / ___..=--=-==,-=-' \\. ;//i. \~ ~J /1 / III ,I / i' P _/-~-~ I .~~;:.~ ~1~wP'7'l JIll }I i' /"C~j-~_L I ~~. / ~ '>~~ ./' <d ~tt/;:: t 1,,[./ r. \ 'j""" """. h '\ I ; ~ If./ ( 'ii, j' I lJ.'"'-" \, 1--" ~ ". - ".', ~ If iJ.- ), II ' \ , ," " ' ! i' \ ' ../. ",N./ I I' ,,/ ',J \.. '. \ ' " ~ '<;l I"ll ,: 1;"\ , " II I II F 1\ ~}~ '" ~"" \ (; l',~I, it \ \ (II :' It Il<'\., ; /---1..... ~):" 'J' \. ~; ,i'l . ....~'i,1. J .' " " 1'--' ,', '...., L " " "01,,,_ "'-, '.... i) ......-,"""'r~" '~ ~~.\\" \ i I.. ,,;./- 'i-----"" ' "'} ., ( \ \ II '... _____~ / II ; " ~ ,,/", ~..... I I <'"~i ! ., (JA- I \ ^~ \' / ,LJ (, J' )-"," '_J ,l""", l^"",,> l~ \' """, " "de!J "''''-1\ J I __~ll '" I ~, \-; ~__~---->. ~__"..}__~ 1/ ~~"""~~~ "L'y\ I y' ( ; ""~" .--:: I \ \.' ~ -- /"\' \ I '- l ~, J\) ^--- // \1 \ "'~V/ ii ~,i, /'--\'''':f'".-I \,.J- >;._ " :' '4 \. /~ C-:i' / !Ii \ "(,-.=-.<\. \c' // t:'~ ''.:...\ J! '\( ,/ rF= \ ," '\~:~. .,~~\", ~~>~/~~~~~-~ -~~ - .~ L~~-", \. i'o i -,,^, \\";, '"'-s? i' I ,"<"", l ., i~J ~\~~,"~~~:'?L::3D~~~~:=~=~:.J,~~<>-".., ,~).....J Ii \\ II ~'+\<o Q = ' ,/,'1 \i u' 'Ii';') , !, j I, ., 4f 2iH' -','\:C""'i:'- "f.,," ., ' _ ,'.A;',-:,,,<-" ,',-_,,-, 135wJ>l1.shp C3 IZ'3J O. 8 Children less than 18 years old _ 9 - 22 Children less than 18 years old _ 23 - 72 Children less than 18 years old _ 73 - 171 Children less than 18 years old _ 172 - 528 Children less than 18 years old ~ .E "''':':-::-:: ~~~~ () '" ~ ,~~"..", .;'~"8~"..!l s: 19 C' -;-~~~h~~ <:l ' - ~r-='--=' , .,,~" 'I,-,:ti:: [. -,- ,- , - ,_.~ - 1'1 ' - i 1" . " ' , Ii -" _: , " . ~~-::=fN . =-..;~_____ ..=cf ~ t'~r' .L__ ~~-j[:::- :':'11;/ "\.. ~~~'"ii \' '/,(~i~~~1 /1, p -U (__.0:: \ N A 3000 , o 3000 6000 9000 12000 15000 Feet , Number of Adults greater than 64 years old - 1999 f" ~ / i ! _~A9 9 -." I toll I; II/'= ...c. .._-~~""-,,~ I35w -Pl1.shp 1.1 0 - 4 Adults greater than 64 years old _ 5 - 15 Adults greater than 64 years old . _ 16 - 47 Adults greater than 64 years old _ 48 - 116 Adults greater than 64 years old _ I 17 - 256 Adults greater than 64 years old I, _ \i [/1 \~, /1' 'I \ r\~~ (, r~_ .' \ '''''-'--~' -/ t //i: '~'., ,i~'~2:J {' ii l1 II Ii - ,. L=C~=]; ! '! '_____n' i \ N A 3000 , o 3000 6000 9000 12000 15000 Feet I . . . Number of owners living in home at least 5 years - 1999 , ". ~.~ r"~~~,:.'_L4 . 0 ~ ~ ~y L.! '" ~ v:::> v 0 ~j,l ~_. ~ ~,<----~,~.~-;::~~;n ~-_._- I \. ~_r/ "I' \ I ,\\,-j ,);~>?~j 1 \1' ",-J ;: ;'/:/ 'L j I f~1<~F=~-~"'"-;" /~"\ J~.d;:~--,. 4t t I ,.Q,j Q ( '<\ ).1 1~ i I Jij---:- eoSi ) I I J,ij :: ! ~ /,....1 " .J I /' J (-~= -.",,' 1 '{\'~ff.fE~ ~~\~,,,jf;,l~:')~ i,i I~/// p(--,.-~s""'--'~~~' c.' >.<'-" ~'-'----""'-._,:r :ft/i: Ii' III J J I ;;~\~ I/,' S:~ /1 /~/ /; 'i I? 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'1 ,,0-- ' /, ,-~~=-~\-----'._-~t j - '\ I =.=,f~i; f / '::.,~..~-t:~C~ '~~:~~~!:~";,":::~,,~~~~::,,,.::L')h_J! ~'~~ DSW,]ltl.sbp D E:2J 0 ' 8 Ownm lived in home at least 5 yea<s _ 9 - 16 Ownm lived in home atl...t 5 yea<s _ 17 - 35 Ownm lived in home at least 5 yea<s _ 36 -79 Own... lived in home at least 5 yea<s _ 8O-142Ownetslivedinhomeatleast5yelll1l ~ ~,~ ~~,~ ~~~ ~@ f06 , \i ,~~i tOr,>, ) ,>. 'i i '\ 1'\~ !''\., / " ,,(,,, 1''-:- =~==dJ i,W ~;~=L~ lL.:-,- " II -' I' ~---~ '\---'7~O~!--~'-'~~" i N A l{, '-- , 7'~.fi~l1\lP 3000 , o 3000 6000 9000 12000 15000 Feet , . . . Homes sold within the last 5 years - 1999 r 111I i.1 ' I. ~-- ~."';"""'L'.'.....,......' . ,:-:",,- ! . ... GITd. [Ip r . '\,.,I? ~'\: i\.'="!/ ! -.J '" "'<J 0. - 0 'I " ,._~'~- 'l' o. 0 F> V Q :, '. tfjr;~JL;L:' ~:-'..f; 1~~~]E'j rl-l~=- =-:--=-~!>~~~:/Iili 'I '>>,,.1' I ,'9,0' I I ' .'~---~-----c:&% ] .... I '--_dj - ....... -, :-}....."...-" .~- - III 1,. ' - ~ )'. (_i ~. /':,...) 'I .]1 ! ! 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CITY OF ARDEN fiLLS MEMORANDUM DATE: June 21, 1999 TO: Mayor and City Council Kevin Ringwald, Assistant to the City Administrato~ Code Enforcement update FROM: SUBJECT: The Community Development Department has been working in May on building an electronic code enforcement system utilizing a database management software (MicroSoft's - Access) and mapping software (ESRI's - ArcView) to assist in the reporting, tracking, and analyzing the City's on-going code enforcement activities. Nancy Randall has been utilizing her technical skills to lead this transformation. The coordination of these two software packages allows for easy input of data by a wide range of people in a consistent fashion, that allows the City to analyze trends and time frames for the work that is done in the area. As the City Council may remember, the City had previously filed code enforcement activities by the person's last name that was alleged to have violated the City Code. As long as one person managed this file system, in perpetuity, it would function. However with the turnover of Staff, opening a file cabinet and seeing a drawer oflast names, some of which no longer even lived at a particular property, added considerable time to the Code Enforcement investigative process. In January of 1999, the Department Secretary, Susan Holmes, had the unenviable task of transforming this surname based system to an address based system. As time permits, this data can be added to the electronic code enforcement system by scanning the address file and then importing that file into the code enforcement system. The essence of the electronic code enforcement system is attached as Exhibit A. As one enters the code enforcement system (Exhibit A, page I of 5) a switchboard is displayed that gives the staff quick access to a variety of pre-constructed forms and reports. The form that most staff people would use to access or input data (Exhibit A, page 2 of 5) allows staff to query by a variety of information types (ie., address, PIN, Code Violated, Days Active, Last Name, etc.,). The system also creates both public and confidential reports. A summary of all active code enforcement (Exhibit A, page 3 of 5) is attached. A hypothetical example of a detailed report regarding a specific property is also attached (Exhibit A, page 4 of5). Lastly, a monthly map is attached (Exhibit A, page 5 of 5) that shows where the violation occurred, what type of violation occurred, and how long the violation has been active. . . . ~~'6tr A '/~ "Z-(~ ~r- 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) ,0) 0) ~ -c - - - - - - - - - - - CI) <D .... ::t ,.... 0 ,.... 0 .... 0) 0 l!l l!l N N - ~ - .... ~ - N .... 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N CIl 0 CIl 0 CIl 0 CIl .... ." , , , , ." , , ." , ." , , ." , ." , ." , ." , :> 0 0) 0) 0) 0) 0 0) 0) 0 OJ 0 0) 0) 0 0) 0 0) 0 0) 0 0) (.l 0) 0) 0) 0) (.l 0) 0) (.l 0) (.l 0) 0) (.l 0) (.l 0) (.l 0) (.l 0) - - -- - - . I Violation Number 99-99 Code Violated: Vacant Building(s) City Code Section 6- 18 Status: Date Initiate Date Closed: Address: PIN: Owner Closed 5/10/99 6/2/99 4364 W. Round Lake Road 109302311 000 I City of Arden Hills 4364 W. Round Lake Road Arden Hills, MN 55112 Phone: 651-633-5676 651-633-7839 (Fax) Date of Birth 511/99 Action Taken: Inspected 5/12/99. Sent letter 5/13/99 explaining violation and correction needed with deadline 5/20/99. Re-inspected 5/22/99 found violation still exists. Sent seconds letter 5/22/99 must be corrected by 5/30/99 or citation may be issued. Owner called and stated violation will be corrected by 5/30/99. Re-inspected 5/31/99 violation was corrected. Thank you letter sent 6/2/99 . . June 1999 Pending Code Enforcement Items Legend N"ida'j 8.. Symbols ~ Noxious Weeds or plant growth iii Odors and Stenches . Delapidated Building . Vacant Building A Signs (unpermitted) * Lighting ..... Parking (Off-Public) Construction Standards @ Maintenance (Fence, Structures) ~ Maintenance (Snow Removal) ... Delapidated builidng or Structure ~ Animals (Number Allowed) If. Traffic Visibility (Corner Lot) ~ Rubbish, trash and junk ~ Recreational Vehicles ..c.. Parking (Inoperable or Unlicensed Vehicles) 4000 , o . 00 () ~ t3~ D 4000 8000 Feet Cleveland Avenue Sidewalk extension study ~ l J 3 3 w-J D nnill >--. ;- , , Arden Hills City Limits Proposed Ramsey County Trails ~' 'Future City Trails TIF District #2h Cottage Villas Bus Route #25 Number of Adults greater than 64 years old D 0 - 4 Adults greater than 64 years old I-I 5 - 15 Adults greater than 64 years old D 16 - 47 Adults greater than 64 years old _ 48 - 116 Adults greater than 64 years old _ 1 l7 - 256 Adults greater than 64 years old N A 500 , o 500 1000 1500 2000 2500 Feet , Children less than 18 years old near Floral Park ~. J 4 5 11 4 22 ~ ~ ~COLLEERAW ~ 6 12 10 ~ )> ~ '" )> t:i 10 OtnA.~-OA~!q1l-iii~- . 11 J 'l'."~.. . .'" ~, '" , " ) D ,/'v' Future City Trails IV Existing City Trails Number of Children less than 18 years old D 0 - 8 Children less than 18 years old D 9 - 22 Children less than 18 years old D 23 -72 Children less than 18 years old _ 73 -171 Children less than 18 years old _ 172 - 528 Children less than 18 years old _ City Parks 500 0 500 1000 1500 N A 2000 2500 Feet 1 . . . ~ tt~~ b(;;a.d"'t"l w,~r","", CITY OF ARDEN HILLS MEMORANDUM DATE: June 2,1999 TO: Mayor and City Council K,~o lliogw.ld, A""...t to th, CUy Adm;o"tr"O~ TCAAP Zonin~ - Discussion Only FROM: SUBJECT: Reuuest The Staff requests direction on several points related to implementing a zoning district on TCAAP to regulate lands that are being transferred to Ramsey County for a Joint Maintenance facility (approximately 36 acres) and a City Hall (approximately 4 acres). Backl!round As the City Council is aware, the US Government is in the process of transferring land to the City of Arden Hills for a City Hall and to Ramsey County for a Joint Maintenance facility (Ramsey County, Minnesota National Guard, and the City of Arden Hills). The properties in question are zoned R-l (Single Family Residential). The R-l zoning district allows public uses as a special use; both the City Hall and the Joint Maintenance facility would be classified as public uses. The R-l zoning district does not allow any outdoor storage. The existing comprehensive plan (circa, 1987) designates the Joint Maintenance facility as Industrial and the City Hall as High Density Residential, both of these uses can be compatible with these designations. The pending comprehensive plan (circa, 1998) designates the Joint Maintenance facility as Mixed Residential and Public & Institutional and the City Hall as Public & Institutional, both of these public uses can be compatible with these designations. Town Center vs Public Works and Citv Hall The TCAAP plan shows the creation of a new town center around the intersection of Highway 96 and Hamline Avenue. The new town center includes governmental, retail, and housing uses. The Staff requests direction on whether the City Council wants the Town Center Zoning Ordinance written or an ordinance that deals only with the Joint Maintenance facility and City Hall that can be woven into the Town Center Zoning after the Phase II TCAAP planning work is finalized. Guidinl! ideas for Joint Public Works facilitv Assuming the City Council wishes to implement zoning for that part ofTCAAP that is currently being transferred to Ramsey County for the Joint Maintenance facility, the staff requests direction on the guiding ideas for these uses as it relates to zoning. To date, the staff has heard the council discuss that it would prefer to see a Joint Maintenance facility that functions like the r Hutchinson facility (MnDOT, McLeod County, and the City of Hutchinson) and looks like the Hennepin County facility in Medina. The City Council has not given any specific direction on landscaping, screening, outdoor storage, access, orientation of the building(s), and/or its relationship to the overall TCAAP re-use plan. lfthe City Council has strong feelings about these or other site design issues the staff would appreciate it they were shared at this time. . If you zone it, do they baye to obey it? The Staff has contacted the City Attorney and asked if county is required to follow a city's zoning ordinance. The City Attorney responded that the Ramsey County would be required by State law to follow the City's Zoning Ordinance. The Staff requests that the City Council provide direction on if they wish to have a written legal opinion on this matter. Zonine Ordinance Process The Staff assumes that the City Council wishes to commence work on this immediately, the staff would request direction on several points in this process: 3. Should the work on this ordinance begin immediately; Given the current workload of the staff, should a consultant be hired (adequate funds exist in the TCAAP fund or the Planning fund) or should staff postpone other work items; To what level of participation should Ramsey County and the Minnesota National Guard play in the development of the ordinance (ie., provide input vs active participant); and Is there a target date by which the ordinance should be adopted. . 1. 2. 4. Recommendation None. The Staff is requesting only direction at this point. . Proposed Land Uses for TCAAP Comprehensive Plan - 1999 . . 0.5 , o A 0.5 1 1.5 Miles , 11 ~ . . . . "1:""""'1>."' ,- f-l; ". ,\,'..... i:.,: ;-';~;:til!I!' ;j I,." -~- i.l Cj J...~ CITY OF ARDEN HILLS MEMORANDUM DATE: June 21, 1999 TO: Brian Fritsinger, City Administrator ~ Terrance Post, City Accountant@)' YJ Dwayne Stafford, Public Works Director FROM: SUBJECT: Ordinance Codification Comments -- Chapter 10 Utilities As Council deliberates the general subject of Ordinance Codification, staff has reviewed Chapter 10, "Utilities," and has come up with a number of specific recommendations for Council to consider during the recodification process. In general, Mr. Stafford has made specific proposed changes to operations procedures while Mr. Post has made specific changes in policy areas. Public Works Director Procedural Chanl!:es (Pal!:e Number/Ordinance Cite) Water 1. (10-7/1000.08) Increase "repair ofleaks" turn on fee from $10.00 to $25.00. 2. (10-7/1000.09, Subd. 2) Old service main connection to be plugged by the property owner. City inspection ofthe plug will be required. 3. (10-8/1000.10) Joints in service pipe or tubing kept to a minimum, with no splice or coupling allowed in service lines less than one hundred (100) feet in length on one-inch lines. Larger diameter service lines may only be spliced as necessary according to available lengths. 4. (10-11/1000.19, Subd. 2.A) A meter spacer with valves and tailpiece couplings shall be furnished to the plumber at the time a connection permit is issued. 5. (10-12/1000.19, Subd. 3.B.1) In the event that, a curb box or a service lead has not been installed for the property, the owner will be responsible for the service lead installation subject to approval by the Public Works Director. Proper City authorities must witness all taps into the City main lines. Omit "1." and "3." entirely. ,,'., Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Two June 21, 1999 . (Subd. 3.B.2) For the installation of a service connection where the installation is to be upon a surfaced street, the permit fee shall be such as has been established by Council..... on the basis of the cost of restoration. The restoration portion of the permit fee will be refunded to the pcrmit applicant following restoration completion to the satisfaction of the Public Works Director and the City Engineer. 6. (10-13/1000.19/Subd.3.B.2) All backfill materials shall be mechanically compacted in twelve-inch layers in roadway area to existing street grade. Soils deemed unsuitable for proper compaction must be removed and replaced with clean granular material at the owner's expense. 7. (10-1611000/19, Subd. 7) Curb stop boxes will be installed at an approximate depth of seven (7) feet below the finished grade, or the grade established by the City Engineer. 8. (10-16; 10-17/1000.19, Subd. 9) Recommendation to omit all but the first sentence of the first paragraph; omit Sections "B." and "C." in their entirety. . 9. (10-19/1000.20, Subd. 2.F) In the event the water customer elects to discontinue use of municipal water, the minimum charge shall continue until such date as the service pipe is excavated and disconnected at the stop box. Such disconnect shall be inspected by an appropriate City official before backfilling occurs. 10. (10-24/1000.21, Subd. 2.B) .... provided, however any charges against the property..... and removal of the meter. Such disconnects must be inspected by an appropriate City official. 11. (10-24/1000.21, Subd. 2.D) A meter on a service Jines larger than two (2) inches to be furnished by the City and installed at the expense of the property owner. aHa aeesrElifigly fiS ssearity EleJlssit shall Be reqairea therefer. Costs for the meter, including the connection fittings, will be charged to the permit applicant as part of the permit fee. 12. (10-24/1000.21, Subd. 3) The City shall maintain and repair all meters and, when rendered unserviceable through ordinary wear and tear, aOO, they shall replace them, if necessary..... including damage from freezing, hot water backup. . ... . . . . Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Three June 21,1999 13. (10-25/1000.21, Subd. 4) Reeoniiag Testing of Meters. A consumer may have his or her meter tested for accuracy by making written request therefor and depositing $35.00 with the City Administrator. 14. (10-25/1000.21, Subd. 5) Suggestion to omit Subd. 5, 'Rental Fee" in its entirety. 15. (10-26/1000.21, Subd. 6) Authorized City employees shall have free access to premises connected with the water system at reasonable hours of the day for the purpose of inspection and performing meter maintenance. 16. (10-27/1000.21, Snbd. 9.B) The meter shall be located so that the bottom of the meter is from twelve (12) inches to twenty-four (24) inches above the finished floor line. 17. (10-27/1000.21, Subd. 9.C) All meter installations shall have a gffie lock wing meter ball valve on the street side ofthe meter. 18. (10-28/1000.22, Subd. 1.A) A City supplied meter and valve shall be used at all times while hydrant is in use. Hydrant shall be left in the full open position with flow controlled by the meter valve. 19. (10-28/1000.22, Subd. 1.B) The purpose of the cash deposit is to guarantee payment for water used and to cover any breakage or damage to the hydrant or meter. Such deposit shall be refunded upon expiration of the permit, after deduction for ~ applicable charges for water consumption or damage. Sanitarv Sewers 20. (10-35/1010.10/Subd. 2) .... The cesspool or septic tank shall first be pumped clean and filled with compacted earth to the surrounding ground level. Where a connecting sewer is laid across or over any existing cesspool or septic tank, only extra heavy cast iron soil pipe, conforming to the A.S.T.M. Standard Specification A-74-42, or Schedule 40 PVC, shall be used...... 21. (10-38/1010.11., Subd. 1.B) Charges for mobile homes, trailers and apartments shall be billed to the owner or management of the mobile home court, trailer park and apartment building in which the same are respectively located. Charges will be based on the number of units. l Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Four June 21, 1999 . 22. (10-38/1010.11, Subd. l.D) Suggestion to omit Section "D" in its entirety. 23. (10-47/1010.13, Subd. 3.B) . . ... a written statement and plans from the utility companies stating that the necessary arrangements for underground installation of utilities have been made. 24. (10-48/1010.13, Subd. 5) ..... first notifying Gopher State One Call.... 25. (10-48/1010.13, Subd. 6) ..... submitted to the City for plan approvaL... The City Administrator shall require the applicant to obtain a City utility construction permit and to furnish in writing.... 26. (10-48/1010.13, Subd. 7) Suggestion to omit Subd. 7, "Utility Committee," in its entirety. Implication is to respond to recommendation of the Public Works Director and not a committee. City Accountant Proposed PolicY Chanl!e Issues to Utilities Ordinance (Pal!e Number/Ordinance Cite) . A. (10-2/1000.04 Discontinuance of Service for Violations) Historically, the City has not utilized the provisions of this ordinance to shut water off. Instead, the City has utilized the option of certifying delinquent utility bills to the subsequent year property taxes. Does Council wish to become more aggressive in the enforcement of this ordinance? If so, is Council comfortable dealing with the length of time proscribed for the formal hearing process? B. (10-20/1000.20 Rates and Charges - Subd. 4, Payment of Charges) Currently, the City bills the entire utility customer base on a calendar quarterly basis. Staff recommends that residential utility charges be issued on an every month basis on a staggered system by implementing a three (3) billing district basis. Furthermore, that all non- residential customers be billed on a monthly basis. C. (10-20/1000.20 Rates and Charges - Subd. 5, Delinquency Penalties) Staff recommends that Council consider having the delinquency penalty date coincide with the due date and not impose the delinquency charge a month after the due date.) D. (10-22/1000.20, Rates and Charges - Subd. 6, Senior and Disabled Discounts) Pending a more thorough review by the Finance and Operations Committee, Council is asked to consider phasing out the current discounts available to seniors and totally disabled in current rate system. . , . . . Memorandum, Ordinance Codification Comments - Chapter 10 Utilities Page Five June 21,1999 E. (10-23/1000.21 Meters and Hydrants - Subd. 2, Security Deposit) Council is asked to consider the elimination of tbe security deposit concept regarding water meters. Per the ordinance, the deposit (i.e., initial water meter installation permit fees) shall be refunded to the property owner only on request in the event municipal water service to the property is discontinued and the service pipe is disconnected at the stop box and the meter is removed. The rationale behind this approach is that the initial water permit fee is an access charge to the municipal water system and not a claim on a non-depreciating asset. In this case, the meter is clearly the property of the water utility. . . . CITY OF ARDEN HILLS MEMORANDUM DATE: June 18, 1999 TO: Mayor and City Council Brian Fritsinger, City Administrat@ Administrator Comments for the June 21, 1999 Council Worksession FROM: SUBJECT: 1. Code Enforcement Un date Kevin and Nancy will be providing a brief presentation on some of the activities and GIS efforts in the area of code enforcement. They also intend to present some of the socio- economic data that the City now has available. 2. 2000 Bud!!:et/CIP The City Council may wish to provide direction to staff as a result of a discussion on the preliminary 2000 Capital Improvement Plan and issues related to the 2000 budget. 3. Codification The City Council may wish to provide direction to staff on the adoption of Chapters 1 - 10, 12 and 16 of the recodified Municipal Code. 4. TCAAP Zonin!!: The City Council may wish to provide direction to staff on the concept of establishing the detailed zoning requirements for the proposed maintenance facility on TCAAP. Staff will present an outline of ideas at the meeting. , " . CITY OF ARDEN HILLS MEMORANDUM DATE: June 17, 1999 SUBJECT: Brian Fritsinger, City Administrator Terrance Post, City Accountant 4D 2000 Budget Meeting No.2 - Year 2000 CIP/Other Matters TO: FROM: The year 2000 Budget calendar indicates a budget discussion regarding next year capital items to occur at the June 21, 1999 Council Worksession. The purpose of this memorandum is to facilitate such discussion. Staff has focused only on 1999 and proposed 2000 capital items for this meeting. The proposed five-year, 2000 - 2004 capital plan will be presented at the July 19, 1999 budget meeting. 1999 Capital Budl!et Plan Issues Attached Schedule A summarizes 1999 capital budget plans. Overview comments on remaining issues follow: . 1. The operating assumption is that the City will incur no construction costs for the new City Hall project in 1999. Previously, it was assumed that the majority of the construction activity would take place in 1999. 2. It was previously assumed that general planning costs for a new maintenance garage facility would occur in 1999. Now it is assumed that the bulk of this planning will occur in 2000. 3. It was previously assumed that the monument sign at the Lexington Avenue/Highway 96 intersection would be installed in 1999. Now it is assumed that both the monument signs at this and the West Round Lake RoadlHighway 96 intersection location will be constructed in 2000. 4. Staff is still evaluating the merits of installing a security fence around the maintenance garage at 1440 Highway 96 if there are definite plans to vacate the premises in the short term. 5. By action taken by Council in early 1999, the West Round Lake Road, Phase II reconstruction project was postponed pending development activity occurring at the extreme southern end of the Gateway Business District. Council also directed staff to carry over the budgeted General Fund ($151,000) and Surface Water Management Utility funding ($184,200) until such time as the project proceeds. . 6. The 1999 BRW-prepared "Drainage Report" identified two (2) maintenance issues to resolve this year - McClung Drive and Siems Court. Staff believes that the Siems Court drainage problems are more effectively resolved as part of a street reconstruction project. r . Memorandum, 2000 Budget Mtg. No.2 - Year 2000 CIP/Other Matters Page Two June 17, 1999 . Staff notes that drainage at Arden Manor was identified as an issue, and further notes that the playground structure replacement and hard court improvements at the Arden Manor Park are both somewhat dependent upon the drainage problem being resolved. 7. The replacement of the Hazelnut Park shelter building was budgeted for 1999. Staff has since considered if a redesign to the general layout of the park is appropriate. If so, the siting of the shelter may be impacted by such a change. Proposed 2000 Capital Budl!et Plan Issues Attached Schedule B summarizes proposed 2000 capital budget plans. Overview comments on certain items follow. 8. No Administrative equipment was identified in the previous 1999 - 2000 CIP. Staff believes that the creation of an additional PC workstation, laser printer replacements, and upgrades to the network server will be needed in 2000. 9. Staff now believes that the majority of the new City Hall construction project will occur in 2000, rather than the originally budgeted construction finish work. 10. Staff is recommending that, with the completion of West Round Lake Road, Phase I, in 1999 . and the County's completion of the Highway 96/Lexington Avenue intersection, both the Gateway monument signs be installed in 2000. Funding for these projects to be out of the "Non-Assessable Road Improvement" Fund No. 409. 11. Ramsey County has reduced the scope of their County Road I reconstruction project to now terminate on the east side ofSchutta Road. Previously, the termination point was Lexington Avenue. Accordingly, the City's cost participation in the project has dropped from $200,000 to approximately $50,000. 12. Ramsey County has indicated that they intend to commence the Cleveland Avenue railroad bridge replacement project during the 1999/2000 winter season. They have also revised the cost estimate participation by Arden Hills downward to $30,000 from $48,000. 13. Staff has identified two (2) segments ofthe sanitary sewer system (near the Townhomes of Lake Valentine Project) that need attention on a priority basis in 1999. The recommended increase in 1999 project cost from a budgeted $75,000 to $150,000 due to project scope increase, is likely to continue into 2000 until the priority repairs are completed. 14. Similar to the 1999 discussion at Hazelnut Park, staff is critically evaluating ifIngerson Park is an appropriate location for the creation of a new soccer field, given the park's topography, parking limitations, and current use level. If mass grading does occur to build the field, the . location of replacement playground equipment becomes a related issue. i . . . Memorandum, 2000 Budget Mtg. No.2 - Year 2000 CIP/Other Matters Page Three June 17, 1999 15. Although currently on a backbumer, the prospect of some City cost participation in a proposed Bethel Park is a possibility. 16. It appears that any City cost participation in an upgraded 1-35W bridge replacement for any particular year is problematic, given MnDOT's sense of priorities. Other Matters Council may also wish to provide staff with direction on other year 2000 operational budget items. These items include the need for another community survey; general philosophy of the City's pay plan relative to marketplace competitiveness; and proposed 2000 Pay Plan range movement. F:\USERS\SHEILA IADMlN\FINANCE\2000 BudgetlMtg#2-6-21-99Worksession.doc <( ~ ~ 5 I./') I ~~ ~I.:' ~ . o o ~ Q Z 'a. . :; j<p z ~ ~n ~'~ ~~ , ~ o z ~ . ~ i , .. f.ii .00 ~'g] ,"" ~'! o'Q.I ~.- -0 OJ . o . . ~ ilJo. o .~: ~ ~ << ~ !! ~, . . . ~ ~b ~~,' ~~! r~.:L o ~ ~ .(!l: .... g o i ..0 , E D~ , I . I ~~ :'..,.. ::: i~ ~~ ~ o o . ~8 ~ ~ M o I 00 o 00 o o o c 00 <;> 000 o go 88 08 00 ~.'"- g~ o o o E ~ o o s o ~ , , ;.J . ii . o 0 QOOoo ~ ~ 88 g;2 ~ ,.: 8""'; ~~ ~ ~iU8.~ ..: gli:gS! f'i fiN . . 1 ;< ~ ._ E .- E. M2 ~o '5 ~ .. "'0 ~ w. IOn:.... .!:~ ; ao-= i ~ _~~~1:: ~~~g:S~~ :e~'i:!';;!~ ~~:r:~co~~ I ~i32:t I I iig " , H~ g , ~ o o I 00 o ~g~~ .00'>00 IN_........ o 00 "' "' .. "..: ~ . ~. ~ 00 gg l!i~ 00 o g o ~ . o o og o ~ o 0000 o 00 o 00 00 o 00 o 8 . "! o 00 00 00 ~ , o :n:;1 ~ .. . ri... 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CITY OF ARDEN HILLS MEMORANDUM DATE: June 15, 1999 TO: Mayor and City Council n) Brian Fritsinger, City Administrato~ FROM: SUBJECT: Codification Requested Action The City Council is asked to review the proposed changes to the Municipal Code, and prepare for a brief discussion at the June 21, 1999 W orksession. The Council will be asked to schedule a date for a final review of the Code. Backl!:round The City Council last reviewed the City Code at its December 15, 1997 Council Worksession. At that meeting, the City Council finalized review of Chapters 1 - 3. Shortly after this meeting, the City Council held its annual Retreat and provided direction as the Council's priorities for 1998. Due to the Council's reorganization ofstafIpriorities at the Retreat (i.e., relocating City Hall to temporary facilities and reorganization of City staff), the codification project was set aside. It is important that the City finalize the Code for the benefit of City staff and our residents. The fact that there are two members of the City Council, and several new staff members, who were not part of the initial Code conversations requires some brief overview of the process and chapters already reviewed. Is Someone Assistinl!: the Citv with the Codification Process? The League of Minnesota Cities (LMC) is coordinating the codification process. Due to staff turnover and other issues, the LMC has also had several delays in finalizing the Code for City Council review. The LMC is now prepared to move forward and help finalize the Code with Arden Hills. The copies provided to the City Council are the second draft ofthe Code. The comments being received by the City Council at this time are intended to be the final comments prior to adoption. Can the Current Code be Easilv Comuared to the Old Code? No. The LMC did not provide a simple rewrite of the old Code in a format that allows side by side comparisons. The Code has been reorganized with chapters combined, moved or eliminated. , Memorandum, Codification Page Two July 15, 1999 e Should any member of the Council wish to see a copy of the old Code, please let staff know. Copies will be furnished only if requested. Chanter 1 - Code Introduction The City Council previously agreed that this chapter was adequate. Chanter 2 - Administration The City Council previously agreed that there were no changes proposed to this chapter, outside of those recommended by the LMC. Chanter 3 - Licenses and Rel!ulations The City Council first reviewed Chapter 3 in February 1997 and again in December 1997. Other ordinances that the City requested to have incorporated into this chapter by the LMC, but were not included, were tobacco, telecommunications, and courtesy benches. The City has since adopted ordinances related to tobacco and strong beer sales. Staff is currently investigating options for the courtesy bench language, and will provide a sample in the near future. Section 310.01 (B) Amended to allow for strong beer sales. e Section 310.03 & 310.04 Council deleted this in 1994. Section 320.09 (C) Council agreed to leave this in the ordinance. Section 330.01, Subd. 2, II, (H), 3 Council previously agreed to delete this section. Section 330.03 The City expressed interest in amending this portion of the ordinance to allow for massage therapists and/or legitimate massage. The League has not found any suggested language for this issue. If none can be readily located, staff would recommend the section be adopted as is, and Attorney Filla directed to draft an ordinance allowing the items identified above. Section 330.04 The City Council previously agreed to delete the section on the licensing oftaxicabs. Chanter 4 - Animals and Pets This chapter has now been revised to incorporate Ordinances, 300 and 301, which were adopted A by the City several years ago. The League has only made minor definition changes. . f . . . Memorandum, Codification Page Three July 15, 1999 Scction 400.01, Subd. 3 and Scction 420 The LMC will be re-drafting this language to make it clearer. Chapter 5 - Alcoholic Bcvcral!:cs This is from former Chapter 3 of the Arden Hills Code. Scction 500.02, Subd. 3 In order to assist with possible problems with exotic dance clubs, I have added language on nudity. Scction 510.01, Subd. 2, (C) Language has been added to our On-Sale Wine License to allow for the sale of strong beer. (The City Council did adopt this language within the past year.) Scction 510.01, Subd. 3, (B) Language amended to allow micro breweries as desired by City Council. Section 510.01, Subd. 3, (C) The Council should clarify its desire on this question. Section 510.01, Subd. 7, (C), 2 Language deleted to allow for annual payments rather than quarterly. The City actually began enforcing annual payments in 1999. Section 510.01, Subd. 8 With the change to annual payments, the City Council may wish to eliminate the need for Bonds. The City, in the past, has collected on these bonds for nonpayment by licensee. Scction 510.01, Subd. 16 This subdivision is inconsistent with Section 520.01, Subd. 12. Staff will work with the LMC to have language consistent. Section 510.08, Subd. 1 New language refers to State Statute. Scction 520.01, Subd. 12 The LMC recommends a change from 8 to 10 days. Chapter 6 - Nuisances and Offcnscs The City Council has not provided any feedback to staff on the language included in this chapter of the revised code. Minor language changes are made throughout the chapter. In general, the topics in this chapter are those about which the City receives most of its complaints. t Memorandum, Codification Page Four July 15, 1999 e Staff has tried to revise the language in order to assist with response to those phone calls. This is former Chapters 2.5, 10, 1 1,16 and 17. Changes proposed, or issues to consider, are as follows: Section 600.02, A, 1 I've inquired as to moving this portion of the chapter to another location for easier finding and reading. Section 600.02, D Note change from two (2) years to one (1) year Section 600.02, L & M Note the new additions to the code. Section 600.03 A section has been added to assist with safety issues, such as unshoveled sidewalks, obstructions, etc. Section 600.06 I had inquired as to language strengthening our abatement process. The language from .. St. Peter, with some possible fine-tuning, addresses my concerns. . Section 620.04 This has been deleted, as State Law does not allow it. The League has also included sample language from the cities of Big Lake and Greenfield on abandoned property. Staff would recommend that the Abandoned Vehiclel Abandoned property be rewritten based upon the Big Lake language. Section 630.02 The City Council needs to review this section for consistency. Ramsey County did not adopt a curfew ordinance several years ago, as it had indicated it would. As a result, our ordinance is fairly consistent with other Ramsey County communities. Section 630.04 The City Council has historically discussed, from time to time, changes to this section. However, the Public Safety and other committees, have recommended against changes. Scction 630.05, Subd. 5 Staff would recommend putting this on the fee schedule. Section 630.05, Subd. 6 Staff would recommend that the City Administrator be the appropriate party for the appeal. e ~ \ . e e e Memorandum, Codification Page Five July 15, 1999 Section 630.05, Subd. 8 The City does not follow this. Staff would recommend deletion. Chapter 7 - Lakes. Trees. Parks This chapter now consists of consolidated Chapters 4,12 and 27 of the current code. Section 700 - Lakes While Section 700 indicates "Lakes", it really only applies to Lake Johanna. The recently adopted ordinance on Lake Josephine will need to be incorporated. In addition to the items below, the City Council should consider whether or not the City needs any regulations for its other lakes. Section 700.04 & 700.06, Subd. 1 These two sections refer to the placement of buoys on Lake Johanna. I'm not familiar with this practice being done. Section 700.06, Subd. 2 The Council has had conversation regarding potentially changing the speed limit. Section 700.06, Subd. 4 The Council has had conversation regarding a change in hours. Section 710 - Trees and Vegetation Section 710 Does the City want to allow boulevard trees within the right-of-way? Section 710.07 Should this be broadened to indicate that the owner is responsible as a result of any damage from storms and other acts of God or accidents? Section 720, Arden Hills Parks System Section 720.05, Subd. 5 Does the City wish to allow horses on roads or other trails? Section 720.05, Subd. 9 Does the Council have any interest in banning snowmobile operations in the City Limits? { Memorandum, Codification Page Six July 15, 1999 e Section 720.06, Subd. 8 The City Council should specify a specific distance to be able to defense this item. The Council has had discussions regarding the disposal of open space sites. The City Council may wish to add language to address this issue. A sample would be: Property that has been acquired by the City, by any means, as recreational or open space sites shall not be directed to other uses or disposed of by the City, except in the following manner: A. Parks & Recreation Commission Recommendation; B. Public Hearing; C. Majority Vote of City Council; D. Replace Disposed Property; E. Appraisals F. Funds Exclusion to Parks Chapter 8 - Traffic and Motor Vehicles This chapter is Chapter 26 of the current code. e Section 800.03 This section will be replaced with the recently adopted City Ordinance 312. Chapter 9 - Buildine:s and Construction This chapter is Cbapter 6 of the current code. The City enforces the various requirements of the State Uniform Building Code of which this chapter specifically references. The code has been changed in recent years and, as a result, staffis attempting to coordinate with the LMC as to the final language that ensures our adoption of language that is consistent with the State of Minnesota. Chapter 10 - Utilities This is Chapter 28 of the current code. Section 1000.04, Discontinuation of Service The Council may wish to make changes to this section of the ordinance that addresses the discontinuation of service. The City may wish to insert language that provides for turnoff of water with a less time-consuming process. e I , . . . Memorandum, Codification Page Seven July 15, 1999 Chanter 12 - Subdivisions The City Engineer is currently reviewing this chapter for suggested changes or issues to consider. Those key areas to be addressed should be the following: . Process for application . Standards for construction Any suggestions Council may have on this chapter before a revision is brought back for review is appreciated. Chanter 16 - Swimminl!: Pools This chapter will be incorporated into Chapter 9 upon conclusion of the codification process. This is Chapter 23 of the current code. No significant changes are proposed to this chapter. Other Chanters 11 and 13 - IS Chapters 11 and 13 -15 (mobile homes, shorelands, floodplains and excavations) have been removed, and need to be incorporated into the City's wning ordinance. The LMC will not be making any revisions to these chapters. Rililit-of- W av Ordinance The City Council should also consider the adoption of a right-of-way ordinance. A copy Ofthe LMC model ordinance is attached. The Council should review the model and finalize its choices for the options listed in the enclosed model. Annendix The appendix (cable franchise agreement, zoning ordinance) are simply added or referred to after the fact. BF/sls ~'l' II 1_ .:.a. yw I I I I I I . I I I I I I I , I "'1 --' City of Arden Hills Chapter 1 Code Introduction Chapter 1 - Code Introduction Section 100 - General Provisions 100.01 Code Designation, Citation. The chapters, articles, sections, and subdivisions embraced in this Code of Ordinances shall constitute and be designated as "The Code of Ordinances of the City of Arden Hills, and may be so cited. This Code may also be cited as the "Arden Hills City Code." Internal references to the Arden Hills City Code may be made as "this Code" or "the Code." All references and citations to this Code shall be deemed to include all additions and amendments to the Code. All references to Chapters or Sections are to the Chapters and Sections of this Code unless otherwise specified. State law reference-Authority to codify ordinances, lvlinn. Stat. ii!i 412.191(5). 415.021. 100.02 Additions. New ordinances proposing amendments or additions to the Code shall be assigned appropriate code numbers and shall be incorporated into the Code as of their effective date. Reference or citation to the Code shall be deemed to include such amendments and additions. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of tenns identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the Administrator, in cooperation with the city attorney, may correct obvious grammatical, punctuation, and spelling errors; change reference numbers to confonn with sections, articles. and chapters; substitute figures for written words and vice versa; 1 - 1 City of Arden Hills Chapter 1 Code Introduction substitute dates for the words "the effective date of this ordinance"; and perform like actions to insure a uniform code of ordinances without, however, altering the meaning of the ordinances enacted. 100,03 Nwnbering, Each section number of this Code consists of two component parts separated by a decimal. The first digit of the number refers to the chapter number and the digits after the period refer to the position of the section within the chapter. If the chapter is divided into parts, the figure immediately to the left of the decimal corresponds to the part number. 100.04 Title Headings; Cross References. Chapter, part, section, subdivision, and other titles shall not be considered part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive titles. 100.05 Copies. Copies of this Code shall be kept in the office of the Administrator for public inspection or sale for a reasonable charge, asdetermine4 by the City Council. 100.06 Existing Rights and Liabilities. The repeal of prior ordinances and adoption of this Code are not to be construed to affect in any manner rights and liabilities existing at the time of repeal and the enactment of this Code. Insofar as provisions in this Code are substantially the same as pre-existing ordinances, they shall be considered as continuations and not as new enactments. Any act done, offense committed, or right accruing or liability, penalty, forfeiture, or punishment incurred or assessed prior to the effective date of this Code is not affected by the enactment of the 1-2 ,4 1 I =- ~ ..- I I I I I I , I I I I I I I ~ I ( 1__ -r- I I I I I I . I I I I I I :. I City of Arden Hills Chapter 1 Code Introduction Code. 100.07 Effect of Repeals or Amendments. The repeal or amendment of any portion of this Code shall not revive any ordinance in force before or at the time the Code or amendment took effect. The repeal of any Section shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of such repeal, for an offense committed or cause of action arising under the Section repealed. 100.08 Severability of Parts of Code. The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or Section of this Code shall be declared invalid, unenforceable or unconstitutional by the valid judgment of decree of a court of competent jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or Sections of this Code. Section 110 - Rules of Construction and Definitions 110.01 General. In the construction of this Code and of all ordinances of this City, the following rules of construction and definitions shall be observed, unless such construction or definitions would be inconsistent with the manifest intent of the City Council, would be repugnant to the context of the provisions or the context clearly requires otherwise. All words and phrases shall be construed and understood according to the common and approved usage of language; but 1 - 3 City of Arden Hills Chapter 1 Code Introduction technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. 110.02 Definitions: For the purpose of this Code, and unless the comext clearly indicates otherwise, the following words and phrases shall have the meaning given them in this Section. Subd. 1 Alley. The word "alley" shall mean a minor public way which is used primarily for vehicular service access to the back or side of a property abutting on a street. Subd. 2 Boulevard. The word "boulevard" shall mean that portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curb line) and the property line of abutting propetties which may contain within its boundaries a sidewalk. Subd.3 City. "City" shall mean the statutory City of Arden Hills in the County of Ramsey in the State of Minnesota. Subd. 4 City Council. "City Council" shall mean the governing body of the City. Subd. 5 Code. "Code" shall mean this Code of Ordinances as designated and cited in section 100.01. 1 - 4 YI _1 -r I I I I I I . I I I I I I I ~ I ( 1 .r- I I I I I I . I I I I I I :. I City of Arden Hills Chapter 1 Code Introduction Subd. 6 County. "County" shall mean the County of Ramsey in the State of Minnesota, Subd. 7 In the City. The words "in the City" or "in this City" shall mean and include any territory within the corporate limits of this City and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the City by general or special act. except as otherwise specified. Subd. 8 Law. The word "Law" shall mean any statute, ordinance or regulation promulgated by the United States, the state, the county, the City or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate. Subd. 91V10nth. The word "month" shall mean a calendar month. Subd. 10 Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affimlation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed," Subd. 11 Owner. The word "Owner" shall, when applied to a building or land, include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Subd. 12 Pathway, Pedestrian way. The words "Pathway" and "Pedestrian way" shall 1 - 5 City of Arden Hills Chapter 1 Code Introduction mean a way, public or private, running across or located within a platted lot or block or an unplatted parcel of land, improved, designed or intended for the principal use of pedestrians. Subd. 13 Person. The word "Person" shall include and be applied to a firm, partnership. association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual. Subd. 14 Personal Properiy. The words "Personal Property" shall include money, goods, chattels, evidences of debt, things in action, and any other species of property, except real property. Subd. 15 Preceding, Following. The words "Preceding" and "Following" shall mean the next before and the next after respecti vely. Subd. 16 Property. The word "Property" shall include real, personal and mixed property. Subd. 17 Public Place. "Public Place" shall mean any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access. Subd. 18 Public Way. "Public Way" shall mean any street, sidewalk, pathway, Pedestrian 1 - 6 . c~ -. _1 -r I I I I I I . I I I I I I I ~ I \ I' ..L ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 1 Code Introduction way, or other thoroughfare granted, dedicated, or reserved for public use and used by the public for vehicular or pedestrian purposes. Subd. 19 Real Property. The words "Real Property" shall include lands, tenements and hereditaments. Subd. 20 Residence. "Residence" shall mean the place adopted by a person as his or her place of habitation, and to which. whenever he or she is absent, he or she has the intention of returning. \Vhen a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his or her residence. Subd. 21 Roadway. "Roadway" shall mean that portion of a street improved, designed or intended for the principal use of vehicular traffic extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side. Subd. 22 Sidewalk. The word "sidewalk" shall mean a way, public or private, comprising a portion of the boulevard of a street which is improved, designed or intended for the principal use of pedestrians. Subd. 23 Signature, Subscription. The word "Signature" or "Subscription"shall include a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as witness. 1 - 7 City of Arden Hills Chapter 1 Code Introduction Subd. 24 State. The words "the State" or "this State" shall mean the State of Minnesota. Subtl. 25 Street. The word" Street" shall mean a way, public or private. for the conveyance principally of vehicular traffic whether designated as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. consisting of a roadway and boulevard, the latter of which may contain a sidewalk. Subd. 26 Tenant, Occupant. The words "Tenant" and "Occupant," applied to a building or land shall mean any person who occupies the whole or a part of such building or land, whether alone or with others. Subd. 27 Writing, \Vritten, The words "Writing" and "Written" shall include typewriting, printing on paper and any other mode of representing words and letters. Subd. 28 Year. The word "Year" shall mean a calendar year. State law reference-Similar provisions, Minn. Stat. fill 645.15, 645.44. llO,03 Special Interpretations. Subd. 1 Gender, A word importing the masculine gender only shall extend and be applied to females, and vice versa, and both shall apply to firms, partnerships, associations and corporations as well as to males. ~: While all attempts will be made to make language 1 - 8 ,~ 'rl I ~- ...- 1 1 1 1 I I , I I I I I I I ~ I r L -r- I I I I I I It I I I I I I I ~ I ,.' . City of Arden Hills Chapter 1 Code Introduction gender neutral, this subdivision should remain as a catch-all for anything that might be inadvertently missed. Subd. 2 Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular. Subd. 3 Official Time Standard. Whenever certain hours are named in this Code they shall mean standard time or daylight savings time as may be in current use in the City. Subd. 4 Officials, Employees, Boards, Commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the City by title only, i.e., "mayor," "clerk-administrator," "chief of police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this City. Subd. 5 Shall, May. The word "shall" is mandatory, and the word, "May" is discretionary. Subd. 6 Tense. Words used in the past or present tense shall include the future as well as the past or present. 110.04 Delegation of Authority. Whenever a provision appears in this Code requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the 1 - 9 City of Arden Hills Chapter 1 Code Introduction required inspection unless the terms of the provision or section expressly designates otherwise. 110.05 Joint Authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared. 110.06 Reasonable Time. "Reasonable Time" shall mean all cases where any Section of this Code or City ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice. 110.07 Exception to Rules of Interpretation. The rules of construction and defmitions set forth in this Section shall not be applied to any Section of this Code or City ordinance which shall contain any express provision excluding such construction or definition, or when subject matter or context of such provisions or ordinance may be repugnant thereto. 110.08 Incorporation by Reference. All standard codes, rules, regulations, and other subject matter referenced in this Code or hereafter properly incorporated by reference, together with subsequent amendments thereto , shall be kept and preserved in the office of the City Administrator. 110.09 Parenthetical and Reference Matter. The matter in parentheses at the ends of sections 1 - 10 L. '.-' 1 I ~- -r I I I I I I , I I I I I I I ~ I ( 1_. -r- I I I I I I . I I I I I I , I . . City of Arden Hills Chapter 1 Code Introduction in this Code is for information only and is not a part of this Code. Citations to ordinances indicate only the source of such Section and the text mayor may not be changed by this Code. 110.10 Conflicts. If the provisions of different Chapters of this Code conflict with or contravene each other, the provisions of each Chapter shall prevail as to all matters and questions growing out of the subject matter of such Chapter. If conflicting provisions be found in different Sections of the same Chapter, the provisions of the Section which is last in numerical order shall prevail unless such construction would be inconsistent with the meaning of such Chapter. Section 120 - Violations and Penalties 120.01 Police Power Extended to City Property. The police power of the City is hereby extended to include all lands or property owned or leased by the City or any agency of the City and the general ordinances of the City shall be applicable on such property. 120.02 Altering Code. It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby; provided, that supplementation of this Code by authorized persons shall be permitted. 1 - 11 City of Arden Hills Chapter 1 Code Introduction 120.03 General Penalty. Subd. 1 Misdemeanor. Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision or the failure to perform any such act shall be punished by a fine ~ e:xe:eedifig fhe htllldred d611an ($500.00) or by imprisornnent not t5 exceed fline!)" (90) all) S or both stleh fille and impri35runent ill the disnetiofl ef the eOl;lrt. in an amount or for a pei"ibdoftime, qr bOth,nono exceed the maximum penalty allowable under State law for a Inisdemeanor. Subd. 2 Petty Misdemeanor. Notwithstanding the provisions of Subdivision 1 or this Section, in the event any provision of this Code is designated as a "petty misdemeanor" the violation of such provision shall be punished by a fine of not to exceed ene hl;lllclred delltiTS ($100.00). the 1Ilno\]lIt authorized by State law for petty misdemeanors. Subd. 3 Penalty Not Exclusive. The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions of this Code. In the event any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the City in addition to the imposition of a fine or imprisornnent. 1 - 12 . I _1 .... I I I I I I . I I I I I [ I ~ r r .1 . . ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 1 Code Introduction 120.04 Separate Violations. Each day any violation or failure to perform a required act shall 1 - 13 City of Arden Hills Chapter 1 Code Introductio;-~ _... "1 continue shall constitute a separate offense, unless otherwise specifically provided. 120.05 Issuances of Summonses. (t:iote: This subsection was added by Ciry) The persons listed below, as employees or agents of the City, shall have the power to issue summonses incorporating complaints in the fonn adopted by the courts. Any issuance by those listed below shall relate only to offenses involving this Code, building construction, building operation or maintenance. fire and fire prevention, public health and sanitation, and zoning. No employee or agent authorized to issue a summons under this subsection shall be authorized to arrest or otherwise take an alleged violator into custody or to secure a promise to appear in court in lieu of arrest. The employees or agents who shall be au thorized to issue summonses under this subsection shall be as follows: a. Building Inspector b. Fire Chief and Assistant Fire Chief c. Community Service Officer d. Health Officer e. Plumbing Inspector f. Mechanical Inspector g. Electric Inspector h. Other Employees or agents as shall from time to time be authorized by the Council. State law reference-Penalties for violation of ordinances, Minn. Stat. ~~ 412.231,609.032. 1 - 14 1 . .- 1 I I I I I I . I I I I I I ~ I I.... .. r ~ I I I I I I ., I I I I I I ~ I a:--. ......... City of Arden Hills Chapter 2 Administration Chapter 2 Administration' Section 200 - Elections 200:01 Date of Election. The regular City election shall be held biennially on the Tuesday after the first Monday in November in every even numbered year beginning with the 1974 election. State law references-Elections. general and special. Minn. Stat. Ch. 203; conduct of elections, Minn. Stat. Ch. 204; municipal elections, Minn. Stat. Ch. 205. 200.02 Absentee Ballot. Note: The new statutes authorizing elections by mail in some limited circumstances does not effect the general absentee election laws. Thus, while this formal of a code provision is not common, it is still valid and the term absentee ballot does still have legal significance. Subd. 1 Precinct Established. There shall hereby be continued an absentee ballot precinct within the City which shall handle all absentee ballots of the electorate of the City received during any election. (Established by Or. No. 269, 8-27-90) Subd. 2 Polling Place. The absentee ballot precinct shall be the precinct in which the City Hall of the City serves as the polling place for such precinct. 'State law references-Statutory cities, Minn. Stat. Ch. 412; powers of council, Minn. Stat. S 412.191; rights, powers and duties ofmunicipaJities, Minn. Stat. Ch. 465. 2 - 1 City of Arden Hills Chapter 2 Administration Subd. 3 Election Board. The election board of the precinct for which the City Hall serves as.the polling place shall be the election board of the absentee ballot precinct. Subd. 4 Duties. Unless otherwise provided in the State of Minnesota election laws, the absentee ballot precinct shall: A. Receive all absentee ballots of the electorate of the City for any election. B. Check the registration of each absentee ballot. C. Determine the precinct of each absentee ballot voter and report the results of such election to each precinct with such results to be tabulated with that precinct. D. Prepare a list for submission to each precinct within the City prior to the close of the election day for precinct officials to check against the voter registration file to ascertain if any absentee ballot voter voted by person. E. Reject any absentee ballots of persons who had voted at a precinct making a notation on the envelope of the absentee ballot as to the reason for rejection. F. Count the absentee ballots after the polls have closed by opening them and tabulating the vote of each absentee ballot voter in a manner which will indicate each vote of the 2-2 . '. ~ I I I I I I " I I I I I I .: I t. I- , I I I I I I .. I I I I I I ~ I , . City of Arden Hills Chapter 2 Administration absentee voter and designate that the vote was received by absentee ballot. Section 210 - City Council" 210.01 Terms of Councilmembers, Mayor. Two (2) councilmembers shall be elected for four-year terms at each biennial election corrunencing in 1974. The mayor shall be elected for a four-year term at the biennial election corrunencing in 1986. 210.02 Salaries. The salary of the mayor is shall be fixed at twe three thousand flifte six hundred dollars ($~ 3,600.00) per annum payable in equal monthly installments of twe three hundred f-eff) 5m: dollars find sixty se,en eents ($241.67 300). The salary of each councilmember is shall be fixed at the rate of twe three thousand three two hundred dollars ($~ 3,200_00) per annum payable in equal monthly installments of <me two hundred ftincty 5flt: sixty-six dollars and sixty-seven cents ($t9t 266.67). 210.03 Council Meetings. Subd. 1 Regular Meetings. The City Council shall have regular meetings on the second and last Mondays of each month at 7:30 p.m. and, if such day shall fall on a holiday, shall have 'State law references-Optional plans of government, Minn. Stat. 9 412.541; optional plan A, Minn. Stal. 9 412.572 et seq.; governing bodies, Minn. Stat. 9 471:57. 2-3 City of Arden Hills Chapter 2 Administration its regular meeting on the next following day, and adjourned and special meetings at any other time 2 or more Councilmembers or the mayor may deem necessary. The first meeting of the year shall be held on the second day of January unless the second day of January shall fall upon Saturday or Sunday, in which event it shall be held on Monday the third or fourth. All meetings shall be held in the city hall except as otherwise, from time [0 time designated by the Council. State law reference-Meetings of council, Minn. Stat. \)412.191(2). Subd. 2 Adjournment. The Council may at any time, by a majority vote of those present, adjourn from time to time to a specific date and hour whether or not a quorum is present. Subd. 3 Special Meetings. Special meetings may be called by the mayor or any two (2) members by written request filed with or verbal request made to thE derk City Administrator at least three (3) days, Sundays and holidays excepted, prior to the time specified for such meeting. The elefte- City Administrator shall mail a notice at least two (2) days before the meeting to all members of the time and place of the meeting and its purpose, if the purpose be stated in the call filed with or made to him or her. Subd. 4 Emergency Meetings. An emergency meeting may be called by the Mayor or any two members of the Council for the purpose of dealing with a situation which due to the circumstances requires the immediate consideration of the Council. Actual notice of the meeting must be attempted to be given to all members of the Council, and notice provisions 2-4 I I Ii I I I I I I " I I I I I I ~ I t I. ~ I I I I I I " I I I I I I ~ I City of Arden Hills Chapter 2 Administration of State law must also be met. Subd. 5 Initial Meeting. At the first regular Council meeting in January of each year the Council shall: A. Designate the depositories of City funds; B. Designate the official newspaper; C. Choose one of the Councilmembers as acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City or, in case of a vacancy in the office of mayor, until a successor has been appointed and qualifies; D. Appoint such officers and employees and such members of boards, commissions, departments, and committees as may be necessary. Subd. 6 Presiding Officer. The mayor shall preside at all meetings of the Council. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the Councilmembers shall eJect one of their number as temporary chairperson. The acting mayor and temporary chairperson when occupying the place of the mayor shall have the same privileges as other members. 2-5 City of Arden Hills Chapter 2 Administration Subd. 7 Quorum; Compelling Attendance. At all meetings of the Council, a majority of the councilmembers shall constitute a quorum to do business, but a minority may adjourn from day to day and may compel the attendance of absentees unless a reasonable excuse be offered. Subd. 8 Meetings Public. All meetings of the Council shall be public and shall comply with the open meeting law. 210.04 Rules and Procedures. Subd. 1 Purpose. These rules and procedures of the Council are adopted to facilitate the transaction of Council business and functions. They should not be permitted to defeat or hinder the plainly expressed intent and desire of the Council. Informal compliance and substantial performance shall be sufficient under the following rules in the absence of objection seasonably taken. Objection is hereby declared not to have been seasonably taken as to procedural mauers provided for herein if a councilrnember present at a meeting fails to object during the meeting and request compliance with these rules, and such objection shall not be seasonably taken if taken by an absent member later than the next regular meeting after the proceedings to which objection is made. Subd. 2 Amendment of Rules. The rules governing meetings of the Council, or any of them, may be temporarily suspended by consent of a majority of all Councilmembers, and 2 - 6 I ~ I I I I I I " I I I I I I ~ I r I' ~ I I I I I I ., I I I I I I I City of Arden Hills Chapter 2 Administration shall not be repealed, altered, or amended, unless by concurrence of a majority of the whole Council, and upon notice given at some preceding meeting. Subd. 3 Robert's Rules. In all points not covered by this Section, the Council shall be governed in its procedure by Robert's Rules of Order, Revised. Subd. 4 Authority of Mayor Generally. The mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the Council. The mayor may make motions, second motions, or speak on any question; provided, however, that in order to do so, upon demand of anyone Councilmember, he or she shall vacate the chair and designate a Councilmember to preside temporarily. The mayor shall be entitled to vote like other members of the Council. Subd. 5 Voting Generally. When a question is put to the Council by the chair, every member present shall vote unless for special reasons the Council shall excuse him or her; or a conflict of interest may exist, he or she shall not vote. In cases where the direction of the vote is in doubt, the chair may direct, or any member may demand, that a division vote be taken. The yeas and nays shall be called upon a requisition by the chair or any member, in which case the names of the members voting are required to be recorded in the minutes. Except as otherwise provided in this Code, onvhena different vote is required by law, a majority vote. of those present shall be suffIcient to approve any questiohposed to the ,', .. . _".' ",,' , ... '0 :.. Council. 2-7 City of Arden Hills Chapter 2 Administration 210.05 Minutes. Minutes of all Council meetings shall be kept by the Administrator. They shall be signed by the Administrator and shall constitute an official record of the Council proceedings. Upon approval of the minutes at a subsequent meeting of the Council, the mayor shall sign the minutes. Lack of such mayor's signature or Council approval shall not invalidate such minutes as official records. 210.06 Execution of Ordinance; Ordinance Book. After an ordinance shall have passed, a complete and accurate copy as amended shall be made by the Administrator and shall be signed by the mayor or in his or her absence by the acting mayor, and deposited with the Administrator who shall attest, seal, number, file, and record or place the same permanently in the City's ordinance book. Entry of the complete ordinance as amended directly into the ordinance book and original signatures and seal thereon shall be in compliance with this Section. The affidavit of publication shall be permanently inserted in the ordinance book after each ordinance. Section 220 - Boards, Committees and Commissions 220.01 General. Subd. 1 Quorum. A majority of the members of any boards, committee or commission of 2-8 '. ~ I I I I I I " I I I I I I ~ I r I' ~ I I I I I I If I I I I I I - I City of Arden Hills Chapter 2 Administration the City at any meeting of such group shall constitute a quorum for the transaction of the business coming before such board, committee or commission. Subd. 2 Voting Required. Each member of any board, committee or commission of the City shall be required to vote on matters coming before that body unless such member shall have a conflict of interest concerning the matter to be voted on. Subd. 3 Minimum Requirement for Action. Unless otherwise specifically provided, a majority of the members of any board, committee or commission present and voting at any meeting thereof shall be required for any action or decision of such board, committee or commission. 220,02 Advisory Committees. Advisory commlttees may be established by the Council as may be needed from time to time for the efficient operation and administration of the affairs of the City. In the event such committees are established, the members thereof shall be appointed by the mayor with the approval of the Council. ~: The committees that should be listed in this chapter are those with ongoing duties created by a specific ordinance. The EDA should definitJ\, be added. 220.03 Human Rights Commission' ~: This commission is not required by statute. If the 'State law reference-Department of Human Rights, Minn. Stat. Ch. 363. 2-9 City of Arden Hills Chapter 2 Administration committee is not as formal as the commission was intended to be, does not have specific assigned tasks that are of an ongoing nature, etc. This section could be deleted and the committee treated as under 220.02. Subd. 1 Established. There is hereby continued within the City a human rights commission. (Created by Ord. No. 105 S 2, 5-27-68.) Subd. 2 Purpose. The purpose of the human rights commission shall be to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of this community by assisting the Minnesota Department of Human Rights in implementing Chapter 363 of the Minnesota Statutes and by advising the City Council on long range programs to improve community relations in the City. Subd. 3 Composition, The human rights commission shall consist of ten (10) regular members to be appointed by the mayor with the advice and consent of the Council. Additional ad hoc members, requested by the chairperson of the commission for special projects may also be appointed to serve thereon by the mayor with the advice and consent ofthe Council. Both regular and ad hoc members of the commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the commission. 2 - 10 1 ~ I I I I I I " I I I I I I ~ I .. City of Arden Hills Chapter 2 Administration I , I I I Subd. 4 Appointment, Terms. A. Each member of the human rights commission, after the original appointments, shall be appointed for a term of three (3) years. Upon the expiration of his or her term of office, a regular member shall continue to serve until his or her successor is appointed and shall have qualified. To insure regularity in the composition of the commission, the I I I .. I I I I I I ~ I first year of any term of a regular member shall be deemed to end at the expiration of the calendar year in which the appointment is made. Members may be reappointed to subsequent terms. B. Ad hoc members shall be appointed for one year terms, which shall be deemed to, have expired at the end of the calendar year in which the appointment is made. :Y. C. At the first meeting of the Council in each calendar year, the mayor with the advice and consent of the Council, shall in addition to making the required appointments designate one of the members of the commission to act as its chairperson for that calendar year. Subd. 5 Removal. Any member of the human rights commission may be removed from office for cause by the mayor with consent of the Council. Subd. 6 Filling of Vacancies. Any person appointed to fill a vacancy occurring in the 2 - 11 City of Arden Hills Chapter 2 Administration membership of the human rights commission prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such unexpired term. Subd. 7 Compensation. Both regular members and ad hoc members of the human rights commission shall serve without compensation. Subd. 8 Duties and Responsibilities. In fulfillment of its purpose. the human rights commission's duties and responsibilities shall be to: A. Adopt bylaws and rules for the conduct of its affairs including the election of such officers other than chairperson as it deems necessary, assumption of duties and definition of responsibilities of officers and committees. B. Draft a memorandum of agreement with the Minnesota Department of Human Rights for the purpose of determining regulatory and enforcement procedures. c. Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity. and eliminate discrimination and inequalities. 2 - 12 1 ~ I I I I I I " I I I I I I ~ I r I ~ I I I I I I " I I I I I I ~ I City of Arden Hills Chapter 2 Administration D. Formulate a human relations program for the City to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights. E. Advise the mayor, the City Council and other agencies of the government on human relations and civil rights problems. F. Act in an advisory capacity with respect to planning or operation of any City department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community. G. Develop in cooperation with the Minnesota Department of Human Rights such >programs of formal and informal education as will assist in the implementation of Chapter 363 of the Minnesota Statutes and provide for the commission's assumption of leadership in recognizing and resolving potential problem areas in the community. 220.04 Planning Commission.' Subd. 1 Appointment. At the first Council meeting of the calendar year, the mayor shall appoint a planning commission consisting of seven (7) members subject to approval by a 'State law reference-Housing, redevelopment, planning, zoning, Minn. Stat. Ch. 462 2 - 13 City of Arden Hills Chapter 2 Administration majority vote of the entire Council. Subd. 2 Terms. The term of each member of the Planning Commission shall be for the calendar year or the balance thereof following the member's appointment. Subd. 3 Filling Vacancies. Vacancies in the Planning Commission occurring during the calendar year shall be filled by the mayor as soon as conveniently possible with the approval of the majority of the entire City Council. Subd. 4 Chairperson. One (1) of the regular members of the Planning Commission shall be designated by the mayor as the chairperson. Subd. 5 Other Officers. The members of the Planning Commission may elect a vice chairperson, II ~Ecrctllr), and such other officers as they shall deem appropriate. Subd. 6 Powers and Duties. A. Generally. The Planning Commission shall fulfill the function of the City's planning agency and its board oCadjustmenlS and appeals. It shall exercise the duties conferred on it by the City Council and shall have the powers prescribed for such agencies and boards pursuant to MS 462.351 through 462.364 as amended, including but, not limited to the following: 2 - 14 '. ~ I I I I I I II I I I I I I ~ I r I. ~ I I I I I I II I I I I I I ~ I City of Arden Hills Chapter 2 Administration 1. Comprehensive Municipal Plan. The Planning Commission shall prepare the City's comprehensive municipal plan. periodically review the plan and make recommendations to the City Council regarding adoption or amendment of the plan. 2. Public Property. The Planning Commission shall review the proposed public acquisitions and disposals of real property and proposed public improvements to real property and shall advise the City Council in writing whether such acquisitions, disposals or improvements are in compliance with the city's comprehensive municipal plan. Failure of the Planning Commission to report on the proposal within forty-five (45) days (~: There was a question after this forty-five day requirement, but it did not specify the concern) after referral by the City Councilor within such Q[her reasonable period as may be designated by the City Council shall be deemed to have satisfied this review requirement. The City Council may, by resolution adopted by an affmnative vote of four (4) Councilmembers, dispense with this review requirement if in its judgment the City Council determines that such proposal has no relationship to the City's Comprehensive Municipal Plan. 3. Public Hearings. The Planning Commission shall conduct public hearings as required by state law or the provisions, of this Code. 4. Appeals from Administrative Decisions. The Planning Commission shall hear and decide appeals where it is alleged that there is an error in any order, 2 - 15 City of Arden Hills Chapter 2 Administration requirement, decision or determination made by an administrative officer in the enforcement of the City's official controls. 5. Variances. The Planning Commission shall hear requests for variances pursuant to the requirements contained in the City's official controls. 6. Building Permits. When a building permit for the construction of a building is not issued because the building is to be constructed within the limits of a mapped street, outside of any building lines that may have been established upon an existing street or within an area identified for public purposes on an official map adopted by the City, the Planning Commission, upon appeal filed with it by the affected prop- erty owner, may authorize the issuance of a building permit for said building in such location in any case in which the Planning Commission finds that: a. The entire property of the appellant, part of which is included within or is located outside of one (1) or more of the above-described areas, cannot yield a reasonable return to the appellant unless the building permit is granted; and b. Justice and equity require the issuance of the building permit when the City's interest in preserving the integrity of its official map and comprehensive municipal plan is balanced against the appellant's interest in the use and enjoyment of the property. 2 - 16 '. ~ I I I I I I II I I I I I I ~ I r I' ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 2 Administration If the Planning Commission authorizes the issuance of a building permit under this Subdivision, the City shall have six (6) months from the date of the decision of the Planning Commission to institute proceedings to acquire such land or interest therein. If no such proceedings are started within that time, the building permit shall be issued in accordance with the applicable City regulations if the application for said permit otherwise conforms to City regulations. B. Recommendations. The recommendations and fmdings of the Planning Commission, except as provided in Subsection 6.a., shall be advisory to the City Council which may take such action on the recommendation as it deems proper. Subd. 7 Rules of Procedure. The Planning Commission shall prescribe its own rules ofpro~ cedure to the extent permissible under statute and to the extent that such rules are consistent with this Code. Subd. 8 Records. The Planning Commission shall provide a written record of its proceedings, including the minutes of its meetings, findings and the action taken by the commission on each matter referred to it or heard by it, including the final recommendation. iliQre.: There were comments next to subd. 8 but they didn't seem to indicate any changes to be me made.) 2 - 17 City of Arden Hills Chapter 2 Administration Subd. 9 Hearings. Hearings shall be held by the Planning Commission in all matters where public hearings are required by state law, or this Code; and hearings may be afforded to any interested parties on any other matter where the commission deems it appropriate. Subd. 10 Reports. The Planning Commission shall submit reports directly to the City Council, which reports shall contain the findings, conclusions and recommendations of the commission as to action to be taken by the Council. In addition, the commission shall send copies of its report on variances of the zoning ordinance to the board of appeals. 220.05 Fire Dejlar..mol.t Protection. Fire Protection services shall be provided by contract with another governmental entity's fire department, or by contract with an independent non-profit c;orporation authorized to provide fire protection and fire fighting s.ervices pursuant to State law. Stlbt!. 1 C6fltirltllltiofl. There is eofttinued ift the City ll. ,oluftteer rue llel'artmeftt, whieh tlel'artn,eftt shall ha',e the f-ollowillg effieers. ll. chid, ll.ft.llssistaftt chief afid a fire marshlll. Stint!. 2 Al'l'oifltment 6f Omen s. The ehief Bf me fire llel'artmeftt shall be llflpeifttell llllfitlally by the Ccltmeil. Members <if the s.el'artmellt may reeo!'llfllelld to the CetlBeil a nemir.ee er llBminees fer llflpoIDtlheftt by 31Ibll1ittillg same in .;ritin-g te the Cetlfleil prior to febf'Uary 1 Bf each ).ear. The ehief e,f the fire s.ep!lrtmeftt sfiftllllPI'BIDt elleh ) car aflassisltIftt chief ailS. a fire mafOhal, slIbjeet to eonfiIll1atiofl b) the CBlIneil. The chief Bf the fire departmellt, the assistallt ehief alld the fire marshal elleh shall hoM BfBee fer Bll.C year liftS. lIfttil the sueeessor has been dtll) al'l'ointell ar qualificd. The ltba.,c named affieer mtty be 2 - 18 .1 ~ I I I I I I " I I I I I I ~ I r I' ~ I I I I I I II I I I I I I ~ I City of Arden Hills Chapter 2 Administration remc}'(ee by the COllneil f-af eau~e and after a ptffilie hearing. f'irefighter~ ant! plebatioflllry ftrefighters ~Lall be appeintca by thE members ef!he aepafl:l.lent, ~ubjeet te eellfirm!ltioR by the Cel:meil. ritefighter~ shall eamilltle a~ member~ ef the aEpa.t:wEllt dtlfit.-g gMa behayier aile may be reme\ea by the COllneil ern) filr eause ane aRel a pllblie hearing. Stille. 3 Dtities ef Chief. Toc ehief ~hall ha. e eentrel ever all ef the fire fighting apparatlls alia shall be seleJy re3pemible filr it3 eare alia eellditien. ThE ehief 3hallll.Rke a report, ~emi a!lfi\1lllly, te the CetllleiIat it~ meeting ill Mllleh aile September, as te toc eOllaitiell of the C'illipmcllt aM !leed3 ef the rlie aepartmeftt. The ellief mllY 3\:1bmit adeitie!llll repefts and reeemmeneatiellJ at an) n.eeting ef tile Cetlneil Illla 3hall repeft eaeh 3u3pemiell ef a member ef the file departmellt at the fint meetillg af the Cellllleil fellewillg eaeh ~\:1spemi(m. The ehie[ 3hall be responsible f-or the proper train:ing aile ai3~iplinE of the memben ef the firc, department, aile Ri!!). 3U3pend allY member f-or refusal or negleet te ee-e) meers pcneiftg final aetiell'l by the Celllneil ef! the e:li3ehRrgE er retentiell. Sllba. 4 Dllties ef Fire Marshal. The effiee ef fire mR13haI ma) be hela by the ehicf elr by the 1l3~istallt ehief, if the COl:lIleilappreves. The fire nllu~hal 3hall be ehllrged ..ith the enfereemeftt ef allla.ls aimed at fire prevellti61l. The manhRI 3hall have fullatlthority te impeet all plen,ise3 alld te elll!~e the remtna! er abatement ef all fire ha7:ard3. SlIlla. 5 Reeeras. The ehief shall keep in eelwernent fflrm a e6ll'l!llete recerd ef all fires. Sl:Ich reeer6.3hall iIleJtlae the titHe efthe aIllIm, lecatiem Ofrlie., eause ",ffire (if koo" fi), t)pe 2 - 19 City of Arden Hills Chapter 2 Administration of lmildifig, fiame of e',Vfier aoote!lllfit, pl:lfJl6~e for "hieh oee\:lpiecl, val\:le ef buildifig and eOfilefiE3, mcmbn~ of the depllrtftlell:t rC3poll:diBg t6 tile alam. and ~\:lch ether inf-ermatieB a3 the ehief may decm ad.;,i~llble er a3 may bc required frem time Ie time by the CO\:lficil er stfttc clcpartft:l.e.Itt. S1:IInl. 6 Pl'lletiee Drills. It ~hall be the (My of the ehid, "hCB the 'Neather permits, to held a m-ofithly practke drill ef at lell~t aoc hOllr's dtlratioB fer the fire depll.tlumt aBd to give thc firefightel3 ill:~tfUetiofi in appre. ed lficthod3 of fire fighting alld fire preventie!l. Sued. '] Assistllllt Chief. Ill. the abscBEe 61 di3ability ef the ehicf, the a3sistllBt ehief shall perferm 1111 the ful'letieBs all:cl exerEiJe all ef thc lwthority of the ehief. Sued. 8 Firelighters. The ehief, the llS3islllll:t ehief, the lire mar3hlll llfid all firefighter:; llfid probalioll:aT) firefighters Sl,llll fi5t be less thafi 18 Ber fi.6rc than 65 year:; 6f llge llBd able bodied. They Shllll beeome members ef the fire elepartll'lefit enly aftcr a 12 lI'lefith pwbati6llllry peried. The Cetlficil mllY require thlH each eall:cIidate, bdere becell'ling a probatiellflry ftl'dighter, lI'l\:l3t satisfy ee!'l:llin lllinill'l\:lll'l q\:llllifielltioltl .vhieh may be speeifiecI by the C6llfieil, afid that thE eandidate mtlst pas3 a sati3faEI6ry phy.sieal examinati6f1. Sued. 9 Lass 6f Memeership. firefighters lt6s<:ltt frem tmee eef13eel:ltive drills er ealls, unles3 exetl~ed by the chief, shall f6ffcit member:;hip in the dejlllrtmell:t. 2 - 20 'I ~ I I I I I I " I I I I I I ~ I r I. ~ I I I I I I W I I I I I I ~ I City of Arden Hills Chapter 2 Administration Subd. 10 Cl'lfl,pen311ti6f1. C61np:fl3atil'lft Jhall te eJtabli3hea by the Council. Sl:Ibd. 11 Pre3ent :\lcmbcr3. Persons viho ha" be:n l't1ember3 Bf the fire department for at ka3t Ofle year at the time cf the adoption of thi3 Cod: section :;hall n5t be requirea to 3erve a probationary period bewrc re:civing firefighter's ratiflg. Subd. 12 Ifltcrfo eflee with Departmmt. It shall b: unla,..ful f-or 8:ny persen to give 5r make, or cause to be gi.;:n or m~,de, an alarm of fir: ."iithout prob8:bk eaUJe, or te negleet or refuse to obcy afl). reasonable order of the chid at a fire, or t5 intcrfcl( "itk the fire aepartfl,ent if, the diseh&Q;e of its duties. L'[t!a,..ful interfucnee Jhall iftclude the fBllowiflg Bf a fire truek ,..hefl it3 siren 8:ftd efl,ergefle:; light] arc in operation, doserthan 500 feet, by. pef30m net 6ft offie ial e it;" bus ine33. Section 230 - Civil Defense" ~: If the City is still providing this service and not the county, this section needs to remain intact. Comments to subds. 4 and 5 indicate that the city may have forfeited this control to the county as committees have never been established. 230.01 Policy and Purpose. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack. sabotage, or 'State law reference-Minnesota Civil DeferIse Act, Minn. Stat. Ch. 12. 2 - 21 City of Arden Hills Chapter 2 Administration other hostile action, or from fIre, flood, earthquake or other natural causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: A. To establish a local civil defense agency; B. To provide for the exercise of necessary powers during civil defense emergencies; C. To provide for the rendering of mutual aid between this City and other political subdivisions of this state and of other states with respect to the carrying out of civil defense functions. 230.02 Intergovernmental Coordination. All civil defense functions of this City shall be coordinated to the maximum extent practicable with the comparable functions of the Federal Government, of this state, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur. 230.03 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively given to them: 2 - 22 .'. -I ~ I I I I I I ~ I I I I I I ~ I I' I. ~ I I I I I I II I I I I I I I ~ I City of Arden Hills Chapter 2 Administration Subd. 1 Civil Defense. "Civil Defense" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other enemy hostile action, or from fire, flood, earthquake, or other natural causes. These functions include, without limitation, fire-fighting services, police services, medical and health services, rescue, engineering, air raid warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility serVIces, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Subd. 2 Civil Defense Emergency. "Civil Defense Emergency" shall mean an emergency declared by the governor under Minnesota Statutes, Section 12.31. Subd.3 Civil Defense Forces. "Civil Defense Forces" shall mean any personnel employed by the City and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions in accordance with the provisions of this Chapter or any rule or order thereunder. Subd. 4 Committee. "Committee" shall mean the civil defense advisory committee created 2 - 23 City of Arden Hills Chapter 2 Administration by this Chapter. Subd. 5 Director. "Director" shall mean the director of the civil defense agency of the City. 230.04 Governmental FW1ction. All functions contained in this Chapter and all other activities relating to civil defense are hereby declared to be governmental functions. 230.05 Cooperation with Federal, State Authorities. Every officer and agency of the City shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent, consistent with the performance of their other duties. The provisions of this Chapter and of all regulations made hereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict with such laws or regulations. 230.06 Special Police Officers. The mayor may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special police officer of the City, with such police powers and duties within the City incident to the functions of his or her position, not exceeding those of a regular police officer or desigriated "lllW .. . .' ,',. .'... "''""'~'".'''--''''' enforcement offi.cer of the City, as may be prescribed in the appointment. Every such special .. .0 ,; .." cO ,0: .__ .' " ,"__~, ,_" .. __ .. police officer shall be subject to the supervision and control of the chief of the City's design.ated ll!:w enforcement provider I'l'lliEe and such other pettee law enforcement officers I'lf the Cit) as the 2 - 24 '. ., ~ I I I I I I W I I I I I I ~ I r I ~ I I I I I I II I I I I I I ~ I City of Arden Hills Chapter 2 Administration chief may designate. 230.07 City's Liability. Subd. 1 General. The City, and except in cases of willful misconduct, its officers, agent, employees, or representatives engaged in any civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 as amended (Minnesota Statutes, Sections 12.01 to 12.46) or with this Chapter or any rule, regulation or order made hereunder, shall not be liable for the death of or any injury to persons. or damage to property as a result of such activity. Subd. 2 Benefits. The provisions of this Section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this Chapter or under the workers' compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress to which it relates, whichever occurs first. 230.08 Mutual Aid Agreements. The civil defense director shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he or she shall present such agreements to the Council for its action. Such arrangements shall be consistent with the state defense plan, and during a civil defense emergency, it shall be the duty of the civil 2 - 25 City of Arden Hills Chapter 2 Administration defense forces to render assistance III accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision or another state shall be subject to the approval of the governor. 230.09 Use of City Personnel, Services, etc. The civil defense director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local civil defense agency and to the governor upon request. The head of each department and agency, in cooperation with and under the direction of the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his or her department or agency. 230.10 Prohibited Illuminations. Any illumination within the City contrary to the provisions of this Chapter or any other provisions of this Code pertaining to civil defense or of any regulation adopted thereunder or of any federal or state law, regulation, or order shall be deemed a public nuisance. Any regular (or auxiliary) police officer or designate<! !a:w enforcement provider (or air raid warden) may abate such nuisance summarily or may take any other action necessary to enforce such provisions, including entry on private property and the use of whatever reasonable force is necessary. 230.11 Civil Defense Agency 2 - 26 '. . ~ . . I I I I \I I I I I I I ~ I J I ~ I I I I I I . I I I I I I ~ I City of Arden RiJls Chapter 2 Administration Subd. 1 Civil Defense Agency Continued. There is hereby continued within the City government a civil defense agency. (Created by Ord. No. 63, 93(1), 12-27-61) Subd. 2 ~neral Supervision. The civil defense agency shall be under the supervision and control of the director of civil defense. Subd. 3 Functions GeneraJly. The civil defense agency shall perform civil defense functions within the City as may be required pursuant to the provisions of the Minnesota Civil Defense Act of 1951, as amended, or this Chapter. Subd. 4 Organization. The civil defense agency shaJl be organized into such divisions and' bureaus, consistent with state and local civil defense plans, as the director deems necessary' to provide for the efficient performance of local civil defense functions during a civil defense emergency. Subd. 5 Participation in Labor Dispute, Politics. The civil defense agency shall not participate in any form of political activity nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. Subd. 6 Director. A. Appointment. The director of civil defense shall be appointed by the mayor for an 2 - 27 City of Arden Hills Chapter 2 Administration indefinite term. B. Removal. The person appointed as director of civil defense may be removed from office by the mayor at any time. C. Compensation, Expenses. The director of civil defense shall serve without salary, but shall be paid all his or her necessary expenses. D. General Responsibility. The director of civil defense shall have direct responsibility for the organization, administration and operation of the civil defense agency, subject to the direction and control of the mayor. E. Representation of City on other Organizations. The director, with the consent of the mayor, shall represent the City on any regional or state organization for civil defense. F. Execution of Governor's Orders, etc. The director shall carry out all orders, rules and regulations issued by the governor with reference to civil defense. G. Coordinate Activities. The director shall direct and coordinate the general operations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of state civil defense authorities. The heads of departments and agencies shall be governed by the orders of the director. 2 - 28 '. ~ I I I I I I II I I I I I I ~ I I' I. ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 2 Administration H. Commandeer Services, Properly. During the fIrst thirty (30) days of a civil defense emergency, if the legislature is in session or the governor has coupled his or her declaration of the emergency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other political subdivision, to perform services for civil defense purposes as he or she directs, and he or she may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. I. Annual Report. The director shall, as soon as possible after the end of each fiscal year, prepare and present to the City Council for the information of the Council and the public, a comprehensive report of the activities of the civil defense agency during the year. J. Studies. The director shall make such studies and surveys of the manpower, industries, resources, and facilities of the City as he or she deems necessary to determine their adequacy for civil defense and to plan for their most effIcient use in time of a civil defense emergency. K. Comprehensive Plan. The director shall prepare a comprehensive general plan for the civil defense of the City and shall present such plan to the Council for its approval. 2 - 29 City of Arden Hills Chapter 2 Administration When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the state and correlated with the civil defense plans of other political subdivisions within the state. L. Training. In accordance with the State and City Civil Defense Plan, the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City Civil Defense Plan in time of a civil defense emergency. He or she may, from time to time, conduct such practice air raid alerts or other civil defense exercises as he or she may deem necessary. M. Emergency Facilities. Consistent with the Civil Defense Plan, the director shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons. N. Control Centers. Consistent with the Civil Defense Plan, the director shall provide 2 - 30 '. ~ I I I I I I " I I I I I I ~ I I' I ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 2 Administration and equip at some suitable place in the City a control center and, if required by the state Civil Defense Plan, an auxiliary control center to be used during a civil defense emergency as headquarters for direction and coordination of civil defense forces. He or she shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carry on civil defense activities during a civil defense emergency. He or she shall arrange for the installation at the control center of necessary facilities for corrununication with and between heads of civil defense divisions, the stations and operating units of municipal services and other agencies concerned with civil defense and for corrununication with other corrununities and control centers, within the surrounding area and with federal and state agencies concerned. Subd. 7 Advisory Committee. A. Civil Defense Advisory Committee Continued. There is hereby continued within the City a civil defense agency to be called "the civil defense advisory committee." (Created by Ord. No. 63, 9 3(2), 12-27-61) B. Appointment, Tenn. Members of the committee shall be appointed by the mayor to represent departments and other groups concerned with civil defense; Each member shall hold office at the pleasure of the mayor. 2 - 31 ,. City of Arden Hills Chapter 2 Administration C. Compensation. Each member .of the advisory committee shall serve without compensation. D. Officers. The mayor shall be the chairperson of the committee, and the director shall serve as its secretary. E. Advisory Body. The committee shall advise the director and the City Council on all matters pertaining to civil defense. Subd. 8 Volunteers, A. Recruitment. The civil defense director shall, in cooperation with existing City departments and agencies affected, organize, recruit, and train air raid wardens, auxiliary police, auxiliary frrefighters, emergency medical personnel, and other personnel that may be required on a volunteer basis to carry out the Civil Defense Plans of the City and the state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for civil defense emergencies, they shall be assigned to such departments or agencies as needed for the purposes of administration and command. The director may dismiss any civil defense volunteer at any time and require him or her to surrender any equipment and identification furnished by the City, B. Loyalty. No person shall be employed or associated in any capacity in the civil 2 - 32 'I ~ I I I I I I II I I I I I I . I r I. ~ I I I I I I -- I I I I I I ~ I City of Arden Hills Chapter 2 Administration defense agency who advocates or has advocated a change by force or violence in the constitutional form of government in the United States, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the civil defense agency shall, before entering upon his or her duties, take an oath in writing before a person authorized to administer oaths in this state, or before any officer of the state department of civil defense, the director, or ground observer corps supervisor. The oath shall be substantially in the form prescribed by Minnesota Statutes, Section 12.43. C. When Subject to Call. Civil defense volunteers shall be called into service only in case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate, or for necessary training and preparation for such emergencies. D. Compensation. All civil defense volunteers shall serve without compensation. E. Insignia, Identification. Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the director. Such identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without his or her identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself or herself to be an authorized volunteer. 2 - 33 City of Arden Hills Chapter 2 Administration F. Use of Firearms. No civil defense volunteer shall carry any firearm while on duty except on written order of the chief of the City's designatedhiw enforceIrieJltpr~viq(:r p6liee department. G. Personnel Regulations Not Applicable. Personnel procedures of the City applicable to regular employees shall not apply to volunteer civil defense workers but shall apply to paid employees of the civil defense agency. Subd. 8 Emergency Regulations. A. Promulgation Authorized. Whenever necessary to meet a civil defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the governor or the City Council, the mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation, respecting: Protection against air raids; the sounding of air raid alarms; the conduct of persons and the use of property during alarms; the repair, maintenance, and safeguarding of essential public services; emergency health, fire, and safety regulations, trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in civij defense emergencies. No regulation governing observation of enemy aircraft, air attack, alarms, or illumination during air attacks shall be adopted or take effect unless approved by the state director of civil defense. 2 - 34 'I ~ I I I I I I . I I I I I I ~ I I'. I I I' I. I I I I I I . I I I I I I I City of Arden Hills Chapter 2 Administration B. Issuance; When Effective. Every proclamation of emergency regulations shall be in writing and signed by the mayor, shall be dated, shall refer to the particular civil defense emergency to which it pertains, if so limited, and shall be filed in the office of the Administrator where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the mayor shall designate in the proclamation. The regulation shall take effect immediately upon posting or at such later time as may be specified in the proclamation. By like proclamation the mayor may modify or rescind any such regulation. C. Expiration. The Council may rescind any emergency regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30) days after its effective date or at the end of the civil defense emergency. D. Conflict. Any provision of this Code or City ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the mayor shall be suspended during the period of time and to the extent that such conflict exists. E. Extraordinary Acts During Emergency, During a civil defense emergency the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to 2 - 35 City of Arden Hills - Chapter 2 Administration enter into contracts and to incur obligations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and fonnalities prescribed by law pertaining to the perfonnance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental. of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, for example, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. Section 240 - Personnel Policies 2401.01 Policies Adopted by Reference. Except as otherwise provided in this Code, or by the policies themselves, all city employees shall be hired and employed pursuant to all personnel policies adopted by the City Council. 2 - 36 --~- :1 '1 'I 1 1 1 1 1 1 . I I 1 1 1 1 1 f' I' ~ I I I I I I . I I I I I I ~ I '. . City of Arden Hills Chapter 3 Licenses and Regulations Chapter 3 Licenses and Regulations Section 300 - General 300.01 Purpose. It is the intention of the Council to regulate and license certain types of businesses, occupations, and activities to the end that the public welfare shall be protected and promoted. Differentiation in the license fees charged under this Chapter is based upon the judgment of the Council as to the probable expense involved in policing and inspecting various businesses, In some cases insurance coverage shall be required, where in the opinion of the Council a business offers an unusual opportUnity for loss or damage. 300.02 License Required. It shall be unlawful for any person to engage in any business, occupation or activity for which a license fee is imposed by the provisions of this Chapter without first obtaining a license so to do. 300.03 Persons Subject to Chapter. Whenever a license is required by this Code for the maintenance, operation or conduct of any business or establishment, or engaging in any activity or occupation, any person who by himself or herself or through an agent, employee or partner, holds himself or herself fonh as being engaged in the business, occupation, or activity or solicits patronage therefor, actively or passively, or perfonns or attempts to perform any part of such business, occupation, or activity in the City, shall be subject to the requirements of this Chapter and shall be responsible for obtaining the required license. 3 - 1 City of Arden Hills Chapter 3 Licenses and Regulations 300.04 Applications ~nerally. Unless otherwise specifically provided for, applications for all licenses required by this Code shall be made in writing to the Administrator. Each application shall state the name of the applicant, the license desired, the location to be used, if any, the time covered, and the fee to be paid. Each application shall also contain such additional information as may be needed for the proper guidance of the City officials in the issuing of the license applied for. 300.05 Forms. Forms for all licenses, and applications therefor, shall be prepared and kept on file by the Administrator. 300.06 Liability Insurance. Subd. 1 When Required. Where specifically required by any other provision of this Code, no license shall be issued under the provisions of this Chapter unless the applicant shall furnish proof of the required liability insurance. Subd. 2 Conditions. The liability insurance policy, or a certificate thereof, shall be filed with the Administrator and shall be kept in full force and effect during the terms of any subject license. The policy shall be with an insurance company authorized to do business in this state; shall show at least the limits required by the appropriate provision of this Code; and shall also contain a provision that the policy shall not be canceled until after thirty (30) days' written notice to the City of such intended cancellation, and within such time the 3-2 . ,i, i ~ I I I I I I . I I I I I I ~ I . I ' I' ., I I I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations licensee must obtain and file proof of new or substituted coverage as required hereunder, or the license shall be subject to immediate cancellation. 300.07 Compliance with Law. In addition to the provisions of this Chapter, all licensees shall conform to and comply with all applicable federal and state laws, rules and regulations and applicable provisions of this Code. 300.08 Inspections and Investigations. Upon the receipt of an application for a license, where provisions of this Code necessitate an inspection or investigation before the issuance of the license, the Administrator shall refer the application to the proper officer for making the investigation within forty-eight (48) hours of the time of such receipt. The officer charged with the duty of making the investigation or inspection shall make a report thereon, favorable or otherwise, within ten (10) days after receiving the application or a copy thereof. The health officer ~: in a later chapter, reference is made to using the county health officer. No other reference is made to this position. Should this section also refer to the county?) shall make or cause to be made all inspections in connection with such licenses for the protection of health, the care and handling of food, the prevention of nuisances and of the spread of disease. The building inspector shall make or cause to be made any such inspections relative to the construction of buildings or other structures. All other investigations, except where otherwise provided, shall be made by the chief of the City's designated law enforcement provider peHee or by some other officer designated by the mayor. 3 - 3 City of Arden Hills Chapter 3 Licenses and Regulations 300.09 Duty of Licensees. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by provisions of this division, article or Chapter, or are reasonably necessary to secure compliance with any such provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit to the premise for the purpose of making such inspection, any officer or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any provision of this Code or to detect violations thereof, it shall be the duty of any licensee whose business is governed by such provision to give to any authorized officer or employee of the municipality requesting the same sufficient samples of such material or commodity for such analysis upon request. 300.10 Expiration. Unless otherwise provided by this Code, all annual licenses or annual permit fees shall expire on the thirty-first day of December of each year. 300.11 Change of Locations of Premises. Except as otherwise specifically provided in this Code, the location of any licensed business, occupation, or activity may be changed, provided ten (10) days' notice of the change is given to the Administrator, and provided that the building, zoning and frontage requirements of this Code are complied with at the new location. 300.12 Posting of Licenses. It shall be the duty of every person conducting a licensed business, 3-4 '. '. .. I I I I I I . I I I I I I - 1 - r I' ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations occupation, or activity in the City to keep his or her license posted in a prominent place on the premises used for such business, occupation, or activity at all times. 300.13 Suspension, Revocation. Subd. 1 Authorized. The City Council may suspend for a period not exceeding sixty (60) days, or revoke any license issued under this Code whenever the licensee, its owner, manager or employees or agents of the licensee have engaged in any of the following conduct: A. Fraud, deception or misrepresentation in connection with the securing of the license; B. Conduct adverse to the interests of public health, safety, welfare or morals; C. Conduct involving moral turpitude; D. Conviction of an offense involving moral turpitude by any court of competent jurisdiction; E. Conviction of an offense which relates to the conduct of the licensed business, occupation, or activity. F. Violation of any provision of this Code or any other federal, state or local law , rule 3-5 City of Arden Hills Chapter 3 Licenses and Regulations or regulation; or G. Failure to comply with any of the provisions or conditions of the license, or the conditions of licensure, or engaging in conduct which would be grounds for denial of an initial application for licensure. Subd. 2 Hearing. A licensee or permittee shall be granted a hearing upon at least ten (10) days' prior written notice before revocation or suspension is ordered. The notice shall state the time, date and place of the hearing and the nature of the charges against the licensee, Section 310 - Fees 310.01 Establishment of Fees by Resolution. License and investigative fees for all licenses required by the City pursuant to the provisions of this Code and for the following types of licenses shall be from time to time established in a resolution adopted by the Council: A. Alcoholic beverage (intoxicating liquor); B. On-sale wine and combination beer-wine;~: The combination license allows the sale of strong beer as requested by City) C. Malt beverage (3.2 beer) ll.611 iflt5xic:ltting liqtl5f CNllli:: The term non-intoxicating liquor 3 - 6 'I ~ I I I I I I . I I I I I I - I t ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations is no longer recognized by Statute); D. Amusement facility (including bowling alley, arcade, dance hall, movie theater, pool/billiard tables and/or hall, indoor tennis and/or racquetball and/or squash facility, skating facility, outdoor tennis facility, driving range, shooting gallery and facilities for similar functions or activities); E. Mechanical/electronic recreation devices (including mechanical and com operated amusement device, mechanical amusement ride, mechanical musical device and devices of a similar nature); F. Bulk storage plant or dealership; G. Cigarette. ending H,aehine Tobacco Sales~: If the city elects to continue to license tobacco retailers, vending machines are essentially banned under the new State law but all other vendors of tobacco must be licensed); H. Dog kennel operator; I. Garbage and refuse collector; J. Heating, ventilating and air conditioning (HV AC) and gas installer; 3-7 City of Arden Hills Chapter 3 Licenses and Regulations K. Excavating contractor;~: City asked if this section had been added by the League. No, it came from the city's original set of ordinances, although it would take some time to track down the original source. If the city does not issue this license, it can be deleted.) L. Retail sales vendor or dealer including, but not limited to, antique dealer, boat dealer, optometrist, laundry. mortuary, video sales and rental dealer, candy vendor, butcher, dry cleaning establishment, equipment rental dealer, caterer, automobile dealer. and dealers and vendors selling or renting goods not otherwise listed; M. Restaurant/cafe/public dining room or eating house; N. Service station and self service gas/diesel station and convenience store; O. Signlbillboard; P. Taxicab; Q. Hotellmotel; R. Grocery. food market or supermarket S. Drive-through or Drive-in restaurant and fast food restaurant; 3-8 'I I -- I I I I I I tal I I I I I I I - I r r ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations T. Rendering plant; and U. Charitable gambling and Bingo; V. Massage, Rap, and Sauna Parlors. ~: City asked what happened to the provisions on beauty shops, soft drinks, whole-sale foods sales, miscellaneous sales and vending, car washes, and veterinary clinics. It does not appear that the League ever received any ordinances regulating these areas, or at least ones that were still valid under state law. Soft-drink and whole-sale food vendors are generally licensed by the State, although the city may be able to regulate limited aspects of these businesses. The same would apply to veterinary clinics, General business licenses as implied by the phrase "general sales and vending" are not recommended as they pose several constitutional challenges, Car washes could be regulated. It may be that the city's concerns over these businesses could best be addressed through zoning regulations. Please advise as to how the city would like to handle these topics. 310.02 Payment Required. The license fees established in the resolution adopted by the Council, as provided in Section 310.01 of this Code, shall be charged and collected annually, unless another or different term is stated in the resolution, before any license shall be issued under the provisions of this Chapter or any other provision of this Code. 319.93 Pr6fstillg Fees. I:xeept l!J 5then.-i~e pre,ieke, l!lle ~u.b:iut te the minimlllffi feeJ eJ!t\bliJhed,1;) this Chapter, all feeJ ~hl!1l be iJ~l:Iee 51ll! el!kllel!r year bl!JiJ l!lld l!1l fces, exeel't 3 - 9 City of Arden Hills Chapter 3 Licenses and Regulations fees fer IIVAC and gas installers and exeayatillg and eemstruetil'lfl I'll 5tiilding eell:traeters, shall be proratco, ell the basis 5f thc pertiell ef the: e:aknoar year remaining amr the date ef i3stla!lee 6f thc lie:eme:. In eases 5f a fraeti5nal mefith, sixteefl (16) dllYS iJr mere shall be: e5113ioereo to be a m511th for the pl:lrp5ses 5f this Chapter. Up511 the e:xpiratiell 6f existillg lieemes gf!ll'lted 6n ether thafl a eale.,oar )ear basis, the lieerne shall be renewed fer the balallce ef the ealelloar yeaf en!) , btlt ill slleh eases the f1,in-imum fees established hereunder sftallllot apply. 319.94 MinimliHl Fees. S1:lbjeet to the intliyidtlal fces established ill the reseltltiell ff5h. tift,e te ttlue ad5pleO by the CiJullt:il, a3 pm,ided ill SeetiiJ1I310.0l abo\'e, alldsl:lbjeet t5!ht: exee:ptiells listed in Seetiefl 31O.02"all)' licellses grallted 1I11oer this Code shall be based 1:lpOll the f5llo'.\'illg minimtlm f-eei "ith the "annllal basic f-ee" beiflg the lieellse fee imp53ed ill said reseltiliell. Anntlal Basic Pee ~fiiniff1tlfi~ fee Under $9.99 .,...........,.. $2.00 $10.00 $19,99 . . ' , . . . . . . . . . .. $3.00 $20.00 $39.99 . . . . . . . . . . . . . .. $4.00 Om $10.00 ........,....... $6.00 310.03 Penalties for Late Payment. In the event of late payment of license fees established in the resolution from time to time adopted by the Council, as provided in Section 310.01, a penalty shall be imposed on the basis of the following schedule, with the "annual basic fee" being the 3 - 10 I -I -- I I I I I I -' I I I I I I I ~ I I' ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations license fee established in the resolution: Annual Basic Fee Penalty Up to $10.00 . . . . . . . . . . . . . . . . $2.00 $10.00-$50.00 . . . . . . . . . . . . . . . $4.00 Over $50.00 ........ 10 percent of fee ~: It would be possible to provide for the penalty in the fee schedule adopted by reference instead of listing specific dollar amounts here. Section 320 - Limited, Temporary Permits 320.01 Required. Before any person shall engage in or operate any business, occupation or activity within the City which shall be for a limited time period or of a temporary nature as mentioned and provided for in this Section, he or she shall first obtain a permit therefor. 320.02 Application. Any person desiring a permit required by the provisions of this Section shall make application therefor to the Administrator. 320.03 Waiver of Fees. Fees required for permits under the provisions of this Section may be waived by the Council for schools, nonprofit organizations, governmental agencies, and similar 3 - 11 City of Arden Hills Chapter 3 Licenses and Regulations institutions or organizations, provided it fIrst adopts a resolution setting forth the reasons for such waiver. 320.04 Issuance. Permits required by the provisions of this Section shall be issued upon payment of such fee as is required for the particular business, occupation, or activity in the resolution from time to time adopted by the Council, and approval as provided by this Section. 320.05 Duration. Permits issued under the provisions of this Section shall be valid for the period of time stated in the permit. 320.06 Additional Regulations. The City Council may impose additional regulations governing any permit required by the provisions of this Section as it may determine to be in the public interest. 320.07 Cancellation. Any permit issued under the provisions of this Section may be canceled by the City Council if such cancellation is determined to be in the public interest. 320.08 Permit Fees Established by Resolution. The permit fees for a permit to engage in the following types of business, occupations, and activities shall be as established from time to time in a resolution adopted by the Council: A. Christmas tree sales; 3 - 12 '. '. -. . . I I I I . I I I I I I I ~ I I I ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations B. Circuses and carnivals; C. Commercial advertising distribution; D. Flea markets and commercial sidewalk sales; E. Group picnics and camping; and F. Itinerant ,enclBr3 Peddlers, Solicitors, and Transient Merchants. 320.09 Businesses, Occupations, and Activities for which Permit Fee not Required. The activities for which permit fees shall not be required, but nevertheless a permit shall be required, are as follows: A. Installation or construction of courtesy benches and shelters; B. Purchase of fireworks and operation of fireworks display or program; C. Boutique or garage sale; ~: This section was originally going to be deleted as City had indicated no licenses were issued for these types of sales, but City now indicates that such licenses are required and issued. 3 - 13 City of Arden Hills Chapter 3 Licenses and Regulations D. Newspaper distribution locations; and E, Casual roadside stand on owner's property. ~ City indicated that this is intended to regulate com and vegetable sales in the fall. Under the State constitution, a city cannot require a person to obtain a license for such sales, but as indicated earlier, such sales can be regulated by zoning. City indicated that this is being done and that proof of property owner permission is required. It may be best to delete this provision and reference the need for proof of permission in another location. 320.10 Approval. Approval of an application for a permit to engage in the following type of activity shall be granted by the body, department or officer of the City indicated across therefrom in the following schedule: Activity Approving Body, Department or Officer Circuses and carnivals City Council Commercial advertising distribution Police dcpartmellt City's designated law enforcement provider and Administrator Installation or construction of Police deparuncnt City's designated law enforcement courtesy benches or shelters provider and Administrator (if such a bench or shelter is to abut a county road, cotintypermission must also be 3 - 14 I ~ I I I I I I . I I I I I I ~ I I I" ., I I I I I I . I . I . . I I City of Arden Hills Fireworks purchase/display Flea markets/commercial sidewalk sales Boutique/garage sale at private home Group picnics/camping Itifl~rant \eflel5r3 Peddlers, Solicitors, and Transient Merchants Newspaper distribution locations Roadside stands Chapter 3 Licenses and Regulations obtained.) City Council City Council I'6liee el~l'artment City's designated law enforcement provider and Administrator Park director and Administrator City Administrator C5uocil I'5li~e del'a!'tt1.,ent City's designated law enforcement provider and Administrator Administrator 320.11 Limit on Duration and Occasion of Garage Sales. Each boutique or garage sale at a private home shall be limited to three (3) days or less in duration, and no more than two (2) such sales shall be permitted to anyone homeowner per year. 3 - 15 ~ I 1 1 1 I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations Section 330 - Licensed Businesses, Occupations, and Activities 330.01 Amusement Facilities. Subd. 1 Driving Ranges. A. Proximity of Driving Tees to Buildings; Direction of Tees. No license for a public driving tee shall be granted unless the distance from the place of driving to the nearest building or road in the direction in which the balls shall be driven is nine hundred (900) feet or more. Such tees shall be so designed as to permit driving of golf balls in one (1) general direction, which direction shall be away from the nearest public road. B. Illumination. The public driving tee shall be so lighted as to effectively illuminate all entrances and exits, and lights used upon the premises shall be placed in such a manner as not to shine upon or unreasonably interfere with surrounding property, C. Hours Operation Prohibited. In no event shall public driving tees operate between the hours of 1 :00 a.m. and 8:00 a.m. Subd. 2 Coin-Operated Amusement Devices. 1. Coin-Operated Amusement Devices. 3 - 16 City of Arden Hills Chapter 3 Licenses and Regulations A. Definition "Coin-Operated Amusement Device." The term coin-operated amusement device or device as used herein means a mechanical amusement device of any of the following types: 1. A machine or contrivance, including a pinball machine; a mechanical miniature pool table, bowling machine, shuffle board, electric rifle or gun range; a miniature and mechanical device and game or other amusement patterned after baseball, basketball, hockey or similar games; a video or computerized game; or a game which may be played solely for amusement and not as a gambling device, which machine or contrivance is played by the insertion of a coin, slug or other token, or at a fee fixed and charged by the establishment in which such machine or contrivance is located and which contains no automatic payoff features for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine or contrivance may be equipped to permit a free play or game; or 2. An amusement device designed for and used exclusively as a ride by children such as, but not limited to, a kiddie car, miniature airplane ride, mechanical horse, or other miniature mechanical device, not operated as part of or in con- nection with any carnival, circus, show, or other entertainment or exhibition. B. License Required. No person shall keep, operate, maintain or permit to be 3 - 17 1 -I -. I I I I I I . I I I I I I I ~ I r r ~ I I I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations operated or maintained upon premises within his or her direct or indirect control any coin-operated amusement device without having frrst procured a coin-operated amusement device license. C. Required Information in Application. The application for a coin-operated amusement device license shan include not only the information required by Section 300.04 of this Code, but also the fonowing additional information: 1. The name and address of an persons owning or having an interest in the business which keeps, operates, or maintains the coin-operated amusement devices requiring a license and, in the case of a corporation, the names and addresses of the officers and directors of the corporation and an shareholders who have a beneficial interest in five (5) percent or more of the issued shares of the corporation's stock; 2. Whether any of the persons whose names appear on the application have ever been engaged in the business of operating coin-operated amusement devices anywhere during the last five (5) years and, if so, where; 3. Whether any of the persons whose names appear on the application have been convicted of a crime or have had an application for a coin-operated amusement device license denied, revoked or suspended within the last five (5) years and, if 3 - 18 City of Arden Hills Chapter 3 Licenses and Regulations so, the date and place of the conviction or denial, revocation or suspension, and a statement of the crime or the reason for such denial, revocation or suspension; and 4. A statement that the applicant, or all principal officers, directors and shareholders of a corporate applicant, and managers of the licensed activity, if requested by the Administrator, will permit a record of his/her/their fingerprints to be made by the poliee eel"6.ftmeftt City's designated law enforcement provider for the purpose of additional investigation to determine whether or not the application should be issued or the license denied, suspended or revoked. D. License Fee. As provided in Section 310.01 of this Code, the fee for a coin-operated amusement device license shall be established in a resolution adopted by the Council. E. Issuance of License; Investigation by Poliee. A license to operate a coin-operated amusement device shall be issued by the Administrator. If requested by the Administrator, however, the relicc dCr6.ftmt':ftt ef the City City's designated law ~p.forcefi,l~ntprovider shall investigate any application and shall submit a recommendation to the Administrator prior to issuance or denial of the license as provided in Section 300.08 of this Code. 3 - 19 1 I -. I I I I I I . I I I I I I I ~ I r I' ~. I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations F. 'Ineligibility for License. Existence of any of the following conditions shall render the applicant ineligible for a license unless the Council determines that the applicant has shown sufficient extenuating circumstances to warrant the issuance of a license regardless of such existence: 1. If the applicant, or the manager of the licensed business, is: a. Under eighteen (18) years of age, or b. An illegal alien, or 2. If the applicant, manager or person owning the licensed activity: a. Is not a person of good moral character and repute, or b, Has been convicted of an offense which relates to the conduct of the licensed business, or c. Has been denied a license to conduct a similar activity or has had such license suspended, revoked or canceled. The foregoing shall not be the only grounds, however, for denial of the license. 3 - 20 City of Arden Hills Chapter 3 Licenses and Regulations G. Insurance. If the coin-operated amusement device is one of the types described in Subpart A of this Subsection the applicant shall also submit along with his or her application a policy of liability insurance applicable to death or injury caused by the operation of the licensed device in such amounts and containing such coverages as the Administrator reasonably requires.~: This section does not need to be more specific, however, I would check with you insurance agent to obtain the most current information on the exact type and amounts of insurance the Administrator should be requiring. H. Display of License. The license for the aggregate of coin-operated amusement devices licensed hereunder shall be posted in a conspicuous place on the premises under the direct or indirect control of the licensee, upon which they are located, as required by Section 300.12 of this Code. L Truants; Hours of Operation by Minors. No truant from school shall operate a coin-operated amusement device, and no minor under the age of sixteen (16) years shall operate such device on any night of the week after the hour of 9:30 p.m.. unless he or she is accompanied by a parent or guardian. No person in charge of the premises where the device is located shall permit it to be played or used in violation of the provisions of this Section. J. Partial Exclusion for Liquor Licensees. No person or entity licensed to sell 3 - 21 -1 ~ I I 1 I I I . I I I I I I - I r I ~ I 1 1 I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations intoxicating liquor at retail shall be subject to comply with the provisions of Subpart C, F, G, or all ofE except the first sentence thereof. Subparts A, B, D, H, J, and K and the first sentence of E shall, however, be applicable to such licensee. K. Certain Devices Not Regulated. Nothing in this Section of the Arden Hills Code shall be held to apply to any coin-operated amusement device held or kept for sale or storage and which is not actually in use or displayed for use. II. Amusement Arcades. A. Definitions. For purposes of this division the terms defmed below shall have the meaning given them: 1. The term "coin-operated amusement device" or "device" shall mean the type of mechanical amusement device which is described in Part IA. of this Subsection. 2. The term "amusement arcade", shall mean any building, structure or tract of land, or any portion thereof, which is devoted primarily to the operation of four (4) or more coin-operated amusement devices and is open for public use and participation. 3 - 22 City of Arden Hills Chapter 3 Licenses and Regulations B. License Required. No person shall own, operate or permit the operation of an amusement arcade on premises owned, leased or operated by him or her or engage in the business of operating an amusement arcade in the City unless he or she shall have fIrst obtained a license therefor. C. Required Information in Application. The application for an amusement arcade license shall include not only the information required by Section 300.04 of this Code but also the following additional information: 1. The name and address of all persons owning or having an interest in the business which keeps, operates, or maintains the coin-operated amusement devices requiring a license pursuant to Section 4-5 hereof and, in the case of a corporation, the names and addresses of the officers and directors of the corporation and all shareholders who have a beneficial interest in five (5) percent or more of the issued shares of the corporation's stock; 2. Name and address of the manager, or managers, who will supervise the licensed operation or activity; 3. Whether any of the persons whose names appear on the application have ever been engaged in the business of operating an amusement arcade anywhere during the last five (5) years and, if so, where; 3 - 23 1 I -- I I I I I I ~ 1 I I I I I I ~ I r I' ~ I I 1 I I I Ie I 1 1 1 I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 4. Whether any of the persons whose names appear on the application have been convicted of a crime or have had an application for an amusement arcade license denied, revoked or suspended within the last five (5) years and, if so, the date and place of the conviction or denial, revocation or suspension and a statement of the crime or the reason for such denial, revocation or suspension; and 5. A statement that the applicant, or all principal officers, directors and shareholders of a corporate applicant, and managers of the licensed activity. if requested by the Administrator, will permit a record of his/her/their fingerprints to be made by the p6liee tkp!l.!tmellt City's designated law enforcement provider for the purpose of additional investigation to determine whether or not the application should be issued or the license denied, suspended or revoked, D. License Fees. As provided in Section 310.01 of this Code, the fee for an amusement arcade license shall be established in a resolution adopted by the Council. E. Granting of Licenses. 1. Referral, Investigation and Reports. Any application for a license subject to this Section shall be referred to the peHee chief of the City"~ d~signatedlaw enforcement provider and to such other persons on the City's staff as the City Council shall deem necessary. The City official to whom the application has been 3 - 24 City of Arden Hills Chapter 3 Licenses and Regulations referred shall investigate the location wherein the applicant is proposing to operate the amusement arcade; shall ascertain if the applicant, or the manager of the licensed business, is under eighteen (18) years of age, an alien, or a foreign corporation; and shall ascertain whether the applicant, manager or person owning the proposed licensed activity is of good moral character and repute, has not been convicted of an offense which relates to the conduct of the licensed business, has operated a similar business elsewhere which was not violative of the provisions of this Section, and has never been denied a license to conduct a like or similar activity or had such a license suspended, revoked or canceled. The chief and any other City official to whom the application has been referred shall recommend approval Or disapproval of the application within the time limits set forth in Section 300.08 of this Code. 2. Notice of Public Hearing. Upon receipt of the written reports and recommendations of the pcliee chief of City's designated law enforcement provider, Administrator and any other officials to whom the application has been referred, the Administrator shall cause to be published in the legal newspaper of the City, at least ten (10) days in advance, a notice of public hearing to be held by the City Council setting forth the day, time and place when the hearing will be held, the name of the applicant, and the location where the business is proposed to be conducted. 3 - 25 I -I -. I I I I 1 I . I I I I I I 1 ~ I I ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 3. Hearing, Decision and Conditions. The application, together with the recommendations of the pmiee chief of the City's designated law enforcement provider, Administrator and other officials to whom the application has been referred, shall be submitted to the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the license, the Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances relative to the application. F. Ineligibility for License. Existence of any of the following conditions shall render the applicant ineligible for a license unless the Council determines that the applicant has shown sufficient extenuating circumstances to warrant the issuance of a license regardless of such existence: 1. If the applicant, or the manager of the licensed business, is: a. Under eighteen (18) years of age, or 2. If the applicant, manager or person owning the licensed activity: a. Is not a person of good moral character and repute, or 3 - 26 City of Arden Hills Chapter 3 Licenses and Regulations b. Has been convicted of an offense which relates to the conduct of the licensed business, or c. Has been denied a license to conduct a similar activity or has had such license suspended, revoked or canceled. The foregoing shall not be the only grounds, however, for denial of the license. G. Insurance. If the coin-operated amusement devices to be operated in the amusement arcade are of the type described in Subdivision 2, Part I. A. 2. of this Subsection, the applicant shall also submit along with his or her application a policy of liability insurance applicable to death or injury caused by the operation of the licensed devices in such amounts and coverages as are prescribed by the City Administrator COl:llldl. H. Conditions of Licensure. The following conditions shall govern the issuance and holding of all amusement arcade licenses granted pursuant to this Section. 1. Order. It shall be the responsibility of the licensee to maintain order on the premises of the amusement arcade, and in and upon any parking lot appurtenant thereto, and adjacent premises, at all times. 3 - 27 1 I -- I I I I I I . I I 1 I I I 1 " 1 t I ~ I I 1 1 I I . I 1 I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 2. Consumption of Alcoholic Beverages Prohibited. The consumption of alcoholic beverages, whether classified as intoxicating or 3.2 malt liquor (beer) 115nir,t5xi~atillg, or the use of any controlled substance shall not be permitted on any part of the premises of the amusement arcade, except that alcoholic beverages may be served in appropriate sections of bowling alleys as authorized by law. 3. Hours of Operation. On all Saturdays of the year, and on weekdays from and including June 1 st through August 31st, an amusement arcade shall be open only between the hours of 8:00 a.m. and 12:00 midnight. On all Sundays of the year, and on weekdays from and including September 1st through May 31st, an amusement arcade shall be open only between the hours of 3:00 p.m. and 11:00 p.m. ~: The city can lawfully restrict hours of operation provided that the hours are designed to prevent a perceived problem or nuisance. The 3 :00 - 11:00 restriction could be subject to challenge as being unreasonably restrictive, particularly on Sundays, but it may be possible to show just cause on school days. If the city has no particular reason for regulating the hours, this section should be removed or modified. 4. Supervision. The licensee shall provide a full-time manager of at least eighteen (18) years of age upon the premises of the amusement arcade during all hours in which it is open for business. 3 - 28 City of Arden Hills Chapter 3 Licenses and Regulations 5. Entrance of Truants and Minors Prohibited under Certain Circumstances. No truant from school shall be permitted to enter or remain on any part of the premises of the amusement arcade. No minor under the age of sixteen (16) years shall be permitted to enter or remain upon the premises of the amusement arcade any night of the week after the hour of ~ 10:00 p.m., unless accompanied by his or her parent or guardian. 6. Compliance with Laws. The premises of the amusement arcade, and the licensee, shall fully comply with all applicable state, federal and local regulations whatsoever dealing with the operation of the licensed business or activity, 7. Fire Hazards, It shall be the responsibility of the licensee, or his or her manager, to see that the premises of the amusement arcade do not become overcrowded so as to constitute a hazard to the health or safety of the persons therein. 8. Exits/entrances. The premises of the amusement arcade shall have adequate entrances and exits at the front and rear thereof but may have no entrances to or exits from adjoining buildings. 9. Smoking Prohibited The smoking of tobacco or any other product in an amusement arcade shall be prohibited. The licensee shall be responsible to ensure 3 - 29 1 ~ 1 1 I I I I . I I I I I I ~ I r I ~ I 1 1 I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations that this restriction is complied with. Tobacco products shall not be sold anywhere upon the premises of the amusement arcade. ~: City inquired about the legality of this subpart. Prohibiting the sale of tobacco on such premises should not pose a problem. Prohibiting smoking in such establishments could be defensible under some recent court trends around the country, but the city would need to show the reason for the ban is to protect minors from having access to, and exposure to tobacco products. What is the current actual practice in the City? 10. Illumination. The interior of the amusement arcade shall be so illuminated as to ensure proper and complete observation of patrons at all times. The building inspector shall recommend standards for lighting levels to carry out the intent of this Subsection. 11. Posting. In a conspicuous place somewhere on the premises of the amusement arcade shall be posted the amusement arcade license as required by this Chapter. I. Partial Exclusion of Liquor Licensees. No person or entity licensed to sell intoxicating liquor at retail shall be subject to the provisions of Subparts A through H of Part II of this Subdivision, with the exception of Subpart H (5) to which any such licensee shall be subject; provided, however. the term "premises of the 3 - 30 City of Arden Hills Chapter 3 Licenses and Regulations amusement arcade," used therein, shall be deemed to mean. in the case of the liquor licensee, the licensed premises thereof. 330.02 Gambling Dc riee3. N21e.: City indicated that it is not sure all provisions have been submitted for inclusion in this Section. Please review this Section carefully against current practices so that final changes can be made and checked against State law requirements. Some changes have been made in the use of terms to make this section consistent with Chapter 349 of the State statutes. Subd. 1 Definitions. A. Gambling De. iee Equipment. The term" gambling equipment" as used in this Section means those devices known as bingo cards, bingo numbers, paddle wheels, tipboards, pull-tabs (or ticket jars) or apparatus used in conducting bingo and other gambling games as those various devices are described and defined in Chapter 349 of Minnesota Statutes, as amended. B. Trade Area. "Trade Area" shall mean the corporate boundaries of the City and each city immediately contiguous to the City. Subd, 2 Incorporation by Reference. Unless the provisions of this Section of the City Code are inconsistent with the provisions of State law, in which case those provisions shall control, 3 - 31 1 I -- I I I I I I - I I I I I I ~ I I 1 ., I I I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations all the terms, provisions and subdivisions of Chapter 349 of Minnesota Statutes, as amended-which regulate and provide for the licensing of the operation of gambling devices-are hereby adopted and incorporated in this Section by reference. Subd.3 License or Permit Required. No person shall keep, operate, maintain or permit to be operated or maintained upon premises within his or her direct or indirect control any gambling equipment without having first procured a gambling devic:e license from the State, and as approved by the City, or in the case of operations exempt from licensing by State law, without a permit issued by the City. Subd. 4 Permit Fee. As provided in Section 310.01 of this Code, the fee for various types of gambling device permits shall be established in a resolution from time to time adopted by the Council. Subd. 5 Application. Applications for City approval or a permit shall be submitted to the City Administrator at least sixty (60) days before the proposed effective date of the permit. Criteria for the issuance of premises permits shall be adopted from time to time by Council resolution. Subd. 6 Approval of License or Issuance of Permit. No permit to operate a gambling operation, or approval of a State license, shall be issued by the Administrator earlier than fifteen (15) days after the application has been submitted. If requested by the Administrator, however, the p6liee department ef the City !h,t:City'sdesigrtated law enforcement provider 3 - 32 City of Arden Hills Chapter 3 Licenses and Regulations shall investigate any application and shall submit a recommendation to the Administrator prior to issuance or denial of the permit or license approval. Subd. 7 Investigation Fee. Applicants shall pay the City a non-refundable investigation fee ef 51le htloorea aollars ($\00.00) as from time to time set by council resolution when submitting the application for the permit or license authorization. Subd. 8 Unauthorized Gambling Prohibited. No person shall conduct lawful gambling within the City unless such activity is in compliance with the provisions of the Minnesota Lawful Gambling Act and this Section. If the provisions of the Minnesota Lawful Gambling Act and this Section are inconsistent, the more restrictive provisions shall apply. Subd. 9 Local Gambling Ta'l(. Effeetive Jal\tlary 1, 1991, there shall The counic1 may;' pursuant to State law, be imposed a local gambling tax on all organizations licensed to conduct lawful gambling within the City. The tax shall be set by the City Council but shall not exceed three (3) percent of the organization's gross profit from gambling activities within the City. Proceeds of the tax shall only be used for the purpose of regulating all gambling activities within the City, including but not limited to the reimbursement of the City's administrative, legal and consulting costs. Subd. 10 Financial Reports. 3 - 33 1 I .. I I I I I I . I I I I I I ~ I r I ~ I 1 I I I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations A. Any organization applying for a renewal permit which shall be effective after January 1, 1991, shall provide the City with certified copies of the following documents: 1. The prior year's income and loss statement which clearly indicates the organization's gross receipts from lawful gambling activities within the City and total prizes actually paid out for lawful gambling activities within the City. 2. A statement of the organization's treasurer projecting the organization's gross receipts and total prizes for lawful gambling activities to be conducted in the City during the year in which the permit renewal will be effective. B. Any organization applying for a new permit which will be effective after January 1, 1991, shall provide the City with a certified statement containing the organization's projec- tion of gross receipts and total prizes for all lawful gambling activities to be conducted in the City during the year in which the permit will be effective. . Subd. 11 Lawful Gambling Fund. All organizations permitted to conduct lawful gambling within the City shall contribute ten (10) percent of their net profits derived from lawful gambling activities within the City to a special fund to be administered by the City Council for lawful purposes. Payments to the fund shall be calculated for quarterly periods ending on the last days of March, June, September and December of each year. Quarterly installment payments shall be submitted together with verifiable supporting documentation, not later than 3 - 34 City of Arden Hills Chapter 3 Licenses and Regulations the twentieth day of the month following the end of the quarterly period. Subd. 12 Trade Area Restriction. An organization authorized and permitted to conduct lawful gambling within the City shall expend fifty (50) percent of its net profit on lawful purposes conducted or located within the trade area. Subd. 13 Location of Lawful Gambling Operations. No gambling operation shall be maintained except on the premises listed in the license. The listed location shall comply with all State regulations and city zoning regulations. Subd. 14 Number of Licenses Authorized. No more than nine (9) lawful gambling licenses or permits of all classes shall be issued and outstanding at the same time. Subd. 15 Restriction on Number of Bingo Occasions. No more than four (4) bingo occasions each week may be conducted by a licensed organization. A bingo occasion may not continue for more than four (4) consecutive hours. A person or corporation, other than an organization which leases any premises that it owns to two (2) or more organizations for purposes including the conduct of bingo occasions, may not allow more than eighteen (18) bingo occasions to be conducted on the premises in any week. Subd. 16 Reports. 3 - 35 -1 I -- I I I I I I -' I I I I I I I ., I I: I ~ I 1 1 I I I . I 1 I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations A. All authorized and permitted organizations shall submit to the City Administrator a copy of any reports it is required to make or has made to the board. Any applicant for a license or renewal of a license shall submit a copy of its application to the City Administrator. B. On or before February first of each year, organizations licensed or permitted to conduct lawful gambling within the City shall submit a report to the City Administrator indicating how the net profits derived from lawful gambling activities conducted by the organization have been spent for lawful purposes and such other reports as may be required from time to time by Council resolution. Subd. 17 Inspection of Premises and Records. The City Administrator, City attorney, City law enforcement officers, City official and/or City employee having a duty to perform with reference to this Section or lawful gambling activities may inspect and examine the records concerning lawful gambling activities of any organization upon twenty-four (24) hours' advance notice and may inspect the premises upon which the organization is conducting lawful gambling activities at all reasonable times without advance notice. It shall be a misdemeanor to falsify any reports required to be submitted pursuant to this Section. Subd. 18 Age Limit. No person under the age of eighteen (18) shall be permitted to engage in any lawful gambling activity including bingo and raffles. No permitted organization shall allow any person under the age of eighteen (18) to engage in any lawful gambling activity 3 - 36 City of Arden Hills Chapter 3 Licenses and Regulations including Bingo and raffles. 330.03 Massage, Rap and Sauna Parlors. Subd. 1 Statement of Policy. The City Council finds that sauna, rap and massage parlor enterprises are susceptible of operation in a manner which contravenes, subverts or endangers the morals of the community and thus require close inspection, regulation and licensing by the City. Such enterprises also have the potential of being places where disease may be transtnitted. Accordingly, the City Council deems it necessary to provide for the special regulation of such enterprises in order to protect the public health, safety and welfare and to guard against the inception and transmission of disease. Subd. 2 Definitions. As used in this Chapter, the terms defmed in this Section shall have the meanings ascribed to them unless the context requires a different meaning. A. Massage. "Massage" shall mean the rubbing, stroking, kneading, tapping or rolling of the body with the hands or other devices or implements, for the exclusive purpose of relaxation, physical fitness or beautification, and for no other purposes. B. Massage Parlor. "Massage Parlor" shall mean any room or rooms where any person for a fee may receive from another person a massage, or any room or rooms from which 3 - 37 -.. I -. I I I I I I ~ I I I I I I I ~ I r I ~ I I 1 I 1 I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations a masseur or masseuse is dispatched by telephone or otherwise, for the purpose of giving a massage. C. Masseur. "Masseur" shall mean a male person who practices massage. D. Masseuse. "Masseuse" shall mean a female person who practices massage. E. Operate. "Operate" shall mean to own, manage, administer or conduct. F. Person. "Person" shall mean any individual, corporation, partnership, association, organization, proprietorship, firm or association. G. Rap. "Rap" shall mean the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment offering such services and a customer thereof, for a fee. H. Rap Parlor. "Rap Parlor" shall mean an establishment advertising, offering, selling or performing rap to or for members of the public or a private club, regardless of whether other goods or services are also simultaneously advertised, offered, sold or performed, and regardless of whether those other goods or services are also required to be licensed. 1. Sanitary. "Sanitary" shall mean free from the vegetative cells of pathogenic 3 - 38 City of Arden Hills Chapter 3 Licenses and Regulations microorganisms. J. Sauna. "Sauna" shall mean and includes a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent. K. Sauna Parlor. "Sauna Parlor" shall means an establishment advertising, offering, or selling sauna to or for members of the public or a private club for a fee, regardless of whether other goods or services are also simultaneously advertised, offered or sold, and regardless of whether those other goods or services are also required to be licensed. Subd. 3 Licenses Required. A. Business License. No person shall operate, directly or indirectly, upon any pretense or by any device within the City any sauna, rap or massage parlor, for which any charge or fee is made or any money or thing of value is solicited or received, without being licensed therefor by the City pursuant to the provisions of this Chapter. A license must be obtained for the place of business at which the sauna, rap or massage parlor business is to be, operated. A license is not transferable to any other person or premises. Because regulation of such enterprises will require intensive efforts by the I'Gliee aep~ b...<.nt City's designated law ,enforcement provider and other departments of the City and, as a . --.""', -.... consequence, the concentrated use of City services will detract from and reduce the level 3 - 39 1 . -. I I I I I I . I I I I I I ~ I r ~ I I I I I I . I 1 I I I I I City of Arden Hills Chapter 3 Licenses and Regulations of service available to the rest of the community, thereby diminishing the ability of the City to promote the general health, safety and welfare of the community as a whole, the City Council hereby determines that only two (2) licenses for the operation of a sauna, rap or massage parlor, or any combination thereof, shall be in force at anyone time. B. Personal Service License. No masseur nor masseuse shall perform or administer mas- sages unless he or she has a valid permit issued pursuant to the provisions of this Chapter. Personal service licenses issued to masseurs or masseuses under this Section shall not be transferable. C. Exceptions. I. Incidental Massage. The practice of massage is hereby declared to be distinct from the practice of medicine, surgery, osteopathic, chiropractic, physical therapy or podiatry and persons duly licensed in this state to practice such disciplines, nurses who work solely under the direction of any such persons, and establishments at which such disciplines are practiced are hereby expressly excluded from the provisions of this Section. Massages performed incidental to athletic or physical training programs operated by athletic clubs, sports and health clubs, public or private educational institutions, or athletic teams, or given by manicurists, beauty culturists, hairdressers or barbers incidental to the beautification services customarily and primarily provided by them, and the shops, places, establishments or locations at which such incidental 3 - 40 City of Arden Hills Chapter 3 Licenses and Regulations massages are provided, shall likewise be exempt from the provisions of this Section. 2. Incidental Saunas. A license shall not be required under the provisions of this Section for premises on which saunas, but not massages, are provided incidental to the use of exercise and recreational equipment and facilities situated on the same premises provided that the sauna facilities occupy a floor area equivalent to not more than ten (10) percent of the floor area used for the exercise and recreational equipment and facilities. Likewise, no license shall be required hereunder for hotels, motels, rooming houses, apartment buildings, office buildings, and condominiums in which saunas, but not massages, are provided incidental to the rental of rooms or apartments or the ownership thereof and the use of the sauna facilities is limited to tenants or the owners of the building or structure within which the sauna facilities are located. 3. Massage or Sauna Parlors Operated by Certain Non-Profit Corporations or Associations. Any massage or sauna parlor operated by a non-profit corporation or association shall be exempt from the provisions of this Section; provided, however, that such corporation or association is duly organized under the laws of the State of Minnesota for civic, fraternal, charitable, social or business purposes; has more than fifty (50) members; has for more than two (2) years prior to application owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members; has a board of directors, executive committee or other similar body chosen 3 - 41 .1 I -- I I I I I I . I I I I I I I ~ I r I ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations by its members at a meeting held for that purpose which establishes its policy and manages and conducts its affairs; and prohibits its members, officers, agents or employees from being directly or indirectly compensated by way of profit for the services offered by the corporation or association to the members or their guests beyond the amount of such reasonable salary or wages as may be fIxed and voted each year by the directors or other governing body. Subd. 4 Application. An application for a license required under this Section shall be made to the Administrator, or to a person designated by the Administrator, on such forms as the Administrator may from time to time provide. At a minimum, the form shall contain the information required in the following. Any falsification of information on an application shall be cause for denial, suspension or revocation of a license issued or to be issued hereunder. A. Business License. Every application for a business license required under this Chapter shall be made to the Administrator on such forms as he or she may from time to time require. In addition to such information as the Administrator may require in such application form, it shall also include at a minimum the following items of information or documentation: 1. Whether the applicant is a natural person, a corporation, a partnership or other form of organization. 3 - 42 City of Arden Hills Chapter 3 Licenses and Regulations 2. If the applicant is a natural person: a. The true name, place and date of birth, street address and phone number of the applicant; b. Whether the applicant is a citizen of the United States; c. Whether the applicant has ever used or has been known by a name other than its true name, and if so, what was such name(s) and information concerning dates and places where used; d. The name of the business if it is to be conducted under a name or style other than the full individual name of the applicant in which case a certified copy of the certification required by Minn. Stat. Chapter 333 shall be attached to the application; e. The street addresses at which applicant has lived during the preceding five (5) years; f. The kind, name and location of every business and occupation the applicant has been engaged in during the preceding five (5) years; 3 - 43 .'1 I ~ I I I I I I . I I I I I I ~ I I' I ~ I I I 1 I I . I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations g. The applicant's occupation for five (5) years preceding the date of his or her application; h. Whether the applicant has ever been convicted of any crime and if so, the nature of such crime, the time and place at which it occurred, the date of conviction, the place and length of incarceration, and such other information as the Administrator may request from the applicant; i. Three (3) photographs of the applicant, showing the front of his or her face and each side of his or her head, not less than thirty (30) days old and at least two (2) inches by two (2) inches in size; J. A physical description ofthe applicant; k. If applicant is applying for a business license to operate a massage parlor, whether the applicant has had any training or experience in performing massage services, and if so, the nature and extent of such experience and education and including any diploma or certificate of graduation which the applicant has received from an educational institution; 1. If the applicant is applying for a business license to operate a sauna or massage parlor, or both, then a certificate from a licensed Minnesota physician indicating 3 - 44 City of Arden Hills Chapter 3 Licenses and Regulations that the applicant has been examined less than thirty (30) days prior to the application and has been found free of communicable diseases. 3. If the applicant is a partnership: a. The names and addresses of all partners and all information concerning each partner as is required of an individual applicant above. b. The name and address of the managing partner(s) and the interest of each partner in the business; c. A true copy of the partnership agreement, attached to the application, as well as a certified copy of the certification as to trade name required by Mhlli. Stilt. Chapter 333. 4. If the applicant is a corporation or other organization: a. The name and, if incorporated, the jurisdiction and date of incorporation; b. A true copy of the certificate or articles of incorporation, or association agreement, and the bylaws or constitution thereof attached to the application, and, if a foreign corporation, a certificate of authority as described in Minn. Stat. 3 - 45 -'1 ~ I I I I I I . I I I J I I ~ I I' I ~ 1 I I 1 I I . I I I I I I I City of Arden Hills Chapter 3 Licenses and Regulations Chapter 303 likewise attached; c. The names and addresses of all stockholders, directors, officers, associates, managers, and agents of the corporation and all information concerning them as is required for an individual applicant. d. A list of all persons who control or own an interest in excess of five (5) percent in such corporation or association; e. If the applicant is a nonprofit corporation, a list of all members thereof, whether the applicant has, for more than two (2) years prior to application, owned or leased a building or space in a building suitable and adequate for the accommodation of its members, and a statement of the purposes for which the corporation was incorporated. 5. Whether the applicant has ever operated a sauna, rap or massage parlor within the preceding five (5) years, and if so, whether a license, therefor was ever denied, revoked or suspended, explaining the reasons for such denial, revocation of suspension. 6. Whether the applicant is licensed in other communities to operate similar businesses, and if so, where. 3- 46 City of Arden Hills Chapter 3 Licenses and Regulations 7. The names and addresses of all agents, or employees of applicant who will perform services therefor in the City, and the nature of services to be performed by each employee; the names, residence and business addresses of five (5) residents of the metropolitan area of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted regarding the applicant's or manager's character. 8. A specific description of all services to be provided on the premises to be licensed; a detailed description of all equipment and furniture to be used in the operation of the business; a legal and street address description of the premises proposed to be licensed. 9, Names and addresses of all creditors furnishing credit for the establishment, acquisition, maintenance and furnishing of the proposed business. 10. Establishment of applicant's interest in premises by furnishing true copies of lease, deed, contract for deed, mortgage deed, mortgage, credit arrangement, loan agreements, security agreements and any other documents. 11. Blueprints, diagrams, plans, layouts and the like showing the construction, revision, remodeling, alteration or additions of or to the premises and specifically showing the layout, design and arrangement of all of the rooms, halls and facilities. 3 - 47 -I ~ I I I I I I " I I I I I I I ~ I r I" I- I I I I I I ~ 1 I 1 I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 12. An ownership report, prepared by a licensed abstractor, indicating the ownership of all parcels within five hundred (500) feet of the premises sought to be licensed, accompanying the application. 13. Such other information as the Administrator or the Council may require from time to time. B. Personal Service Licenses. Applications for masseur or masseuse licenses provided for in this Section shall be made to the Administrator on such fortns as he or she may from time to time provide. In addition to such information as the Administrator may require, the application shall include or be accompanied by: 1. All of the information required under Subpart A. 2. 2. Whether the applicant has ever had a similar license denied, revoked or suspended, explaining the reasons for such denial, revocation or suspension. 3. What other communities the applicant has been licensed by during the preceding five (5) years. 4. Written proof of age of at least eighteen (18) years. 3 - 48 City of Arden Hills Chapter 3 Licenses and Regulations 5. A diploma or a certificate of graduation from the educational institution at which the applicant received instruction on the theory, method, or work of massage, if applicant has received one. 6. A certificate from a licensed physician that the applicant has been examined less than thirty (30) days prior to the application and has been found free of communicable diseases. 7. Name and address of the licensed massage establishment by which the applicant expects to be employed. C. Verifications. All applications for licenses, whether business or personal service, shall be verified as to all information contained in the application being true and correct. If the application is made by a natural person, it shall be signed and the verification sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners thereof; and if by an unincorporated association, by the manager or managing officer thereof. D. Changes in Application Information. It shall be the continuing duty of each licensee promptly to notify the Administrator of any change in the information or facts originally furnished or required to be furnished in or along with the application for the license. This duty shall continue throughout the period of such license, and failure to comply with this 3 - 49 :, I -, I , I I I I eI I I I I I I ~ I I' " I I 1 1 I I I . I 1 I I I I I City of Arden Hills Chapter 3 Licenses and Regulations Subparagraph shall constitute cause for revocation, suspension or non-renewal of such license. Subd. 5 Investigation. A. Business License. All applications for a business license, and all information or documentation accompanying the application, shall be referred by the Administrator to the p5liee dq'lllftl!l.el'lt City's designated law enforcement provider, fire department, building inspector, planning commission, health officer and such other committees, commissions, departments or officers, consultants and employees of the City and any other local, state or federal governmental agencies as the Administrator shall deem necessary for verification and investigation of the facts as set forth in the application. Each of the departments, officers, commissions, committees, consultants, employees or agencies to whom the application and accompanying materials have been referred shall make a written recommendation to the City Council as to whether the license sought should be issued or denied within forty-five (45) days of the date of the application. B. Personal Service Licenses; Masseurs and Masseuses. All applications for personal service licenses hereunder, including information or documentation accompanying the same, shall be reviewed by the Administrator and referred to and reviewed by the pettee depllrtmel'lt City's designated law enforcement provider and such other departments, commissions, committees, officers, consultants, and employees of the City and such other 3 ~ 50 City of Arden Hills Chapter 3 Licenses and Regulations governmental agencies as the Administrator shall deem necessary for the verification and investigation of the facts set forth in the application. Each of the departments, officers, commissions, committees, consultants, employees or agencies to whom the application and accompanying materials have been referred shall make a written recommendation to the City Council as to whether the license sought should be issued or denied within thirty (30) days of the date of the application. C. Investigation Fees. 1. Business License. At the time of the filing of the original application for a business license under this Subsection, the applicant shall pay such investigation fee as has been established in a resolution adopted by the Council. 2, Personal Service Licenses. At the time of the filing of the original application for a personal service license, the applicant shall pay such investigation fee as has been established in a resolution adopted by the Council. 3. Non-refundable. No investigation fee shall be refunded to the applicant. Subd. 6 License Fees and Duration. At the time of filing the application for a license under this Subsection, the following license fee, or a prorated portion thereof, shall be paid by the applicant: 3 - 51 "1 1 _I I I I I 1 1 ~ I I I I I I I ~ I r' '. I I I I I I I Ie I 1 I 1 1 1 I ~ I City of Arden Hills Chapter 3 Licenses and Regulations A. Business License. The annual fee for a business license shall be such fee as is established from time to time in a resolution adopted by the Council. B. Personal Service License. The annual fee for a masseur or masseuse license shall be such fee as is established from time to time in a resolution adopted by the Council. C. Refundable. Upon denial of an application for a license, the City shall promptly refund to the applicant the amount paid. No other refunds shall be made. D. License Year. Any license issued under this Subsection shall be effective for the calendar year and shall thus expire on December 31 of each year unless previously revoked. Subd. 7 License Renewals. A. Necessity for Application. The licenses required under this Subsection shall be valid for the calendar year only. Accordingly, application must be made each year for a new license for the ensuing calendar year. B. Manner and Type of Application. A licensee seeking to renew a business or personal service license issued hereunder shall make application in the manner and with the type of application relating to original applications. 3 - 52 City of Arden Hills Chapter 3 Licenses and Regulations C. Time of Renewal Application. Applications for a license renewal must be submitted to the Administrator at least sixty (60) days in advance of license expiration. Subd. 8 Licensing Prohibited. A. Business License. No business license for the operation of a sauna, rap or massage parlor shall be issued to an applicant where anyone or more of the following circumstances, which are readily ascertainable by the Administrator, exists: 1. Zoning District. The premises at or on which the sauna, rap or massage parlor is to be operated is located in a zoning district within the City as designated in the City's Zoning Ordinance. other than R B ef C B. 2. Distance from Other Similar Establishments. The premises at or on which the sauna, rap or massage parlor is to be operated are located within five hundred (500) feet of another sauna, rap or massage parlor. 3. Distance from Residential Zoning District, Etc. The premises at or on which the sauna, rap or massage parlor is to be operated are located within five hundred (500) feet of any residential zoning district, a church, a nursery, an elementary school, a junior high school, a high school, or any establishment frequented by juveniles. 3 - 53 '1 .1 I 1 1 I 1 I I ~ I I I I 1 1 ~ 1 I' " I 1 I I I I I II I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 4. Denial or Revocation of Similar License. Within five (5) years prior to the date of application, the applicant has had a similar license denied or revoked. B. Personal Service Licenses. No personal service license shall be issued to a masseuse or masseur in the event she or he is under the age of eighteen (18) years. Subd. 9 License Denial. A. Notice. In the event the Administrator determines that the applicant is not entitled to a license under the terms of this Subsection, then he or she shall promptly after making such determination notify the applicant in writing that the application has been denied, specifying the reasons for the denial. B. Appeal by Aggrieved Applicant. In the event an applicant has been advised by the Administrator, that his or her application has been denied, he or she shall have ten (10) days to appeal the denial to the City Council. In the event he or she does not timely file his or her notice of appeal with the Administrator by the end of the 10-day period, he or she shall no longer be entitled to appeal; and his or her appeal right shall be considered waived. C. Council Procedure. When a notice of appeal has been properly and timely filed with the Administrator, the City Council shall consider the aggrieved applicant's appeal at a 3 - 54 City of Arden Hills Chapter 3 Licenses and Regulations Council meeting within the next thirty (30) days of the date of the notice's filing. The purpose of the hearing shall be limited to the question of whether the Administrator had sufficient grounds to deny the application. Based upon the facts adduced at the hearing, the Council shall either affirm the decision of the Administrator denying the license application or remand to the Administrator for further investigation and report back to the City Council within no more than forty-five (45) days from the date of the Council meeting in the case of an application for a business license and thirty (30) days in the case of an application for a personal service license. Subd. 10 Granting of Licenses. A. Business License. 1. Notices of Hearing. In the case of an application for a business license, the Administrator shall schedule a public hearing thereon no later than sixty (60) days after his or her receipt of the application and accompanying documentation. The Administrator shall cause to be published in the official newspaper of the City at least thirty (30) days but not more than forty-five (45) days prior to the date of the public hearing a notice describing the nature of the business proposing to be licensed and its location and setting forth the date, time, place and purpose of the hearing. In addition, the Administrator shall mail a similar notice at least fifteen (15) days 3 - 55 'I .1 I I I I I I I eI I I I I I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations '- I I I I I I I Ie I I I 1 1 1 ~ I prior to the date of the public hearing to each owner of property located within five hundred (500) feet of the premises which are the subject of the application, A copy of the notice and a list of the names and addresses of the persons to whom it was sent shall be attached thereto by the Administrator and shall be made a part of the records of the proceedings. The failure to give mail notice to individual property owners shall not invalidate the proceeding providing a bona fide attempt to comply with this Subdivision has been made. 2. Public Hearing. The City Council shall conduct a public hearing. The applicant, or his or her representative, shall be given the opportunity to appear before the City Council to present reasons why his or her application should be granted and to answer questions of the councilmembers and members of the public. All persons in favor of, opposed to, or interested in the application shall be heard. The City Council may adjourn the public hearing to its next meeting, either regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which the public hearing was initially held. 3. Considerations. The City Council shall consider, in determining whether to grant, deny, or renew a license, the effect of the proposed establishment upon the health, safety, convenience, morals and general welfare of the owners and occupants of surrounding properties in particular and the community as a whole and at a tninimum the following factors: 3 - 56 City of ~den Hills Chapter 3 Licenses and Regulations a. The character and suitability of the area and neighborhood in which the proposed establishment is to be located; b. Traffic congestion and parking problems; c. Reasonably anticipated likelihood of excessive noise, disturbances or fighting by persons in or about the proposed establishment; d. The applicant's background and experience in the activity proposed to be licensed, and thus the applicant's ability or fitness to perform the duties and discharge the responsibilities of the proposed activity to be licensed; e. Whether the applicant either directly or indirectly has had a license for a similar activity revoked or suspended in another community or political subdivision in the State of Minnesota; f. Whether the proposed establishment and the premises on which it is to be operated meet the health, safety, sanitary and building requirements of the City including those requirements set forth in this Chapter . 4. Denial; Grounds for Denial. The City Council may deny an application for the issuance or renewal of a business license on the basis of a determination that the 3 - 57 ., I -. I I I I 1 I eI I I I I I I I ~ I r I ~ I 1 1 I I I 'I I 1 I I I I I - I City of Arden Hills Chapter 3 Licenses and Regulations public health, safety, morals or welfare would be adversely affected by the proposed establishment taking into account anyone or more of the facts or circumstances set forth in Subpart A. 3. hereof and shalJ deny such application upon fmding anyone or more of the folJowing conditions to exist: a. The applicant or anyone of its owners, partners, directors, stockholders, officers, managers, employees, agents or interested parties are persons of bad repute; b. The applicant or anyone of its owners, partners, directors, stockholders, officers, managers, employees, agents or interested parties have been convicted for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity; c. The applicant or anyone of its owners, partners, directors, stockholders, officers, managers, employees, agents or interested parties has had within five (5) years of the date of the application been denied a license for a similar activity to the one sought to be licensed or had such a license revoked or suspended in or by any community or political subdivision of the State of Minnesota or by the State of Minnesota itself; 3 - 58 City of Arden Hills Chapter 3 Licenses and Regulations d. The applicant has not fully and truthfully answered all of the information required by the application. 5. Notice of Denial. In the event the Council denies the application, the Administrator shall furnish the applicant with a written document advising him or her of the denial and specifying the factual bases and reasoning upon which the denial was predicated. No application for a license which has been denied by the Council shall be resubmitted for a period of at least one (1) year from the date on which the application was denied. 6. Approval; Imposition of Conditions. The Council may approve an application for the issuance or renewal of a license on the basis of a determination that the public health, morals, safety or welfare will not be adversely affected by the proposed establishment, taking into account one or more of the factors set forth in Subpart A. 3. above, and in granting or renewing a license may impose such reasonable conditions and restrictions on the manner and circumstances under which the licensed activities are to be operated so as to preserve the public peace and protect the public health, morals, safety and welfare. B. Personal Service Licenses. 3 - 59 'I 1 -- I 1 I I I I -' I I I I I I I ~ I I' I Ie I 1 1 1 I 1 . I 1 1 I I I ~ 1 City of Arden Hills Chapter 3 Licenses and Regulations 1. Procedure. The Administrator shall place any application for a personal service license on the agenda of a meeting of the City Council no less than forty-five (45) days after the date of the application. When the matter comes before the Council, the applicant, or his or her representative, shall be given the opportunity to appear before the Council to answer questions and give explanations regarding the proposed licensed activity . 2. Denial. A license for a masseuse or masseur may be denied upon anyone (1) or more of the following grounds: a. Fraud or deception in the license application; b. The applicant has a history of violations of laws and ordinances that apply to health, safety or moral turpitude; c. The applicant is of bad repute; d. The applicant has been convicted of crimes or offenses involving sexual misconduct; e. The applicant, within five (5) years prior to the date of application was denied licensure as a masseuse or masseur or had his or her license revoked or 3 - 60 City of Arden Hills Chapter 3 Licenses and Regulations suspended in or by any community or political subdivision of the State of Minnesota or by the State of Minnesota; 3. Notice, In the event the City Council denies the application, the Administrator shall furnish the applicant with a written document advising him or her of the denial and specifying the factual bases and reasoning upon which the denial was predicated. No application for a license which has been denied by the Council shall be resubmitted for a period of at least one (1) year from the date on which the application was denied. Subd. 11 Construction, Maintenance, Operational and Employment Requirements. A. Construction. , 1. Separate Facilities. Each establishment licensed under this Subsection shall have a separate rest room for each sex and in the case of a massage or sauna parlor, but excluding a rap parlor, the establishment shall have in addition separate shower, locker room, massage room, dressing facilities, steam rooms, and sauna rooms, each clearly marked as such, for each sex. \ 2. Size of Sauna and Massage Roorns. Sauna rooms and massage rooms shall each have at least fifty (50) square feet of clear floor area. Massage rooms shall be 3 - 61 '1 .1 I I I I I I I . I I I I I I ~ I ,. City of Arden Hills Chapter 3 Licenses and Regulations I. I I I I I I I . I 1 I I 1 1 - I equipped with cabinets for the storage of soiled linens. 3. Doors. Doors to all rooms on the premises of a sauna, rap or massage parlor shall be incapable of being locked from the exterior or interior with the exception of the front and rear access doors. 4. Construction Materials for Sauna Rooms, Locker Rooms, Rest Rooms and Bathrooms. All sauna rooms, locker rooms, rest rooms and bathrooms used on the premises shall be constrUcted of materials which are impervious to moisture, bacteria, mold or fungus and must be kept in a sanitary condition. The floor-to-wall and wall-joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. 5. Rest Rooms. All rest rooms in a sauna, rap or massage parlor shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. 6. lllumination. All rooms in the licensed premises shall be illuminated with not less than thirty (30) footcandles of illumination. 7. Janitor's Closet. Each establishment shall have a janitor's closet which shall 3 - 62 City of Arden Hills Cbapter 3 Licenses and Regulations provide for the storage of cleaning supplies. Such closet shall have a mechanical ventilation with two (2) cfin per square foot of floor area. Such closet shall include a mop sink. 8. Locker Facilities in Sauna or Massage Parlors. Sauna or massage parlors shall be equipped with locker facilities for use by patrons. Sufficient facilities shall be furnished so that each patron will have a separate compartment available for the storage of clothing and valuables. Each such locker shall be capable of being locked by the patron. B. Maintenance and Operation. 1. Massage Tables. All rooms in a massage parlor shall be equipped with massage tables having a hard surface impervious to liquids with a width of no more than three (3) feet and a length of no more than eight (8) feet. Such tables may be equipped with either non-disposable pads or coverings or disposable coverings not more than two and one-half (21h) inches thick. Non-disposable pads or coverings shall be removable, impervious, and cleanable. 2. Beds Prohibited in Rap Parlors. No beds, sofas, couches or other furniture upon which one can lie prone shall be permitted in any rap parlor. 3 - 63 '1 I _I I I I I I I . I I I I I I ~ I I' I ~ I 1 I I I I . I I 1 1 1 I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 3. Refuse Receptacles. Any establishments licensed hereunder shaU at aUtirnes be equipped with adequate trash receptacles which shaU be emptied on a regular and recurring basis. 4. Display of License to Operate. The license to operate the establishment shall be prominently in public display on the premises at aU times during the hours of its operation. 5. Hours of Operation. The licensed premises shaU not be open for business nor shaU patrons be permitted on the premises between the hours of 10:00 p.m. and 8:00 a.m. of the succeeding day. 6. Occupancy or Guest Register. The licensee shaU be responsible for maintaining an occupancy or guest register by which each patron of the sauna, rap or massage parlor must register his or her name, age, address and phone number, and each licensee, or person in his or her employ, shaU require each patron to furnish identification describing and identifying his or her correct name, age, address and phone number. Such occupancy or guest register shaU be available for inspection at aU times by officers, employees or agents of the City or any other agency or political subdivision of the State of Minnesota or United States Government. Occupancy or guest registers must be kept by the licensee for a period of not less than two (2) years after aU of its pages have been fiUed. 3 - 64 City of Arden Hills Chapter 3 Licenses and Regulations 7. Inspection by City Officers and Identification of Employees. Licensee shall allow his or her entire premises to be inspected by the building inspector. health officer, any peHee officer of the City's designated lawenfoIeement provider or member of the fIre "",'-"',. ,.....-'c,.. .-,',C, department, and any other officer, employee or agent of the City or the State of Minnesota, or the United States Government. Upon demand by any peHee officer of City's desigrui!~.1~'Yenforcement provider, any person engaged in providing services in any licensed premises shall identify himself or herself by giving his or her true legal name and his or her correct address. 8. Designation of Manager. If the licensee is a partnership or a corporation, it shall designate a person to be manager of the business. Such person shall remain responsible for the conduct of the business until another single person has been designated in writing by the licensee. The licensee shall promptly notify the Administrator in writing of any such change indicating the name and address of the new manager and the effective date of such change. 9. List of Employees. The licensee shall furnish the Administrator with a list of current employees indicating their names and addresses and designating the duties of them. Licensee shall promptly notify the Administrator of any additions or deletions in the list of employees or changes in their job descriptions or duties and furnish the Administrator with the new names and addresses and effective date of these additions. 3 - 65 -1 -I ~ I I 1 I 1 I eI I I I I I I I ~ I r 1- ~ I I 1 I 1 I . 1 1 1 1 1 1 I ~ I City of Arden Hills Chapter 3 Licenses and Regulations 10. Maintenance in Sanitary Condition of Sauna and Massage Parlors. In the case of sauna and massage parlors, the licensed premises must be kept and maintained in a sanitary condition, and all equipment, personal property, tables, beds, towels, clothing and the like shall also be maintained in a sanitary condition. 11. Health and Disease Control in Sauna and Massage Parlors. No person, while afflicted with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores or any acute respiratory infection shall work or provide services in any massage or sauna room, and no person known or suspected of being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. 12. Minors Prohibited. No person under eighteen (18) years of age shall be permitted upon or allowed to be employed or to serve in the massage, rap or sauna parlor. 13. Possession of Alcoholic Beverages or Narcotic Drugs Prohibited. No alcoholic beverages, narcotic drugs or controlled substances shall be kept, possessed or maintained upon the premises of any massage, rap or sauna parlor. C. Employment. 1. Clothing Coverage. All employees of any establishment licensed under this 3 - 66 City of Arden Hills Chapter 3 Licenses and Regulations Subsection and customers thereof, shall have at all times their breasts, buttocks, genitals and anus covered by a nontransparent material. 2. Necessity of Personal Service Licenses in Massage Parlors, No massage parlor license under this Subsection shall employ or utilize any person as a masseur or masseuse unless such person is licensed by the City. 3. Display of Personal Service License in Massage Parlors. Any person acting as a masseur or masseuse in a massage parlor licensed hereunder shall have his or her license or a true copy thereof displayed in a prominent place on the licensed premises, 4. Same Sex Attendants in Sauna and Massage Parlors. With respect to sauna and massage parlors licensed under this Subsection male sauna employees or attendants and masseurs shall attend to, assist or otherwise serve only male patrons and female sauna employees or attendants and masseuses shall attend, assist or otherwise serve only female patrons. Subd. 12 Revocation or Suspension of License. A. Reason. Any license granted under this Subsection may be subsequently revoked or suspended, or not renewed by the City Council upon its fmding that the licensee or its owners, partners, managers, employees, agents or any of its interested parties have 3 - 67 :1 -. Ii I I I I I I . I I I I I 1 ~ I r I- I" I I I I I I Ie 1 1 1 1 I 1 I ~ I City of Arden Hills Chapter 3 Licenses and Regulations engaged in any of the following items of conduct: 1. Violation of any of the requirements of this Chapter; 2. Fraud, deception or misrepresentation in connection with securing the license; 3. Habitual drunkenness or intemperance in the use of controlled substances under State or Federal law . 4. Conduct adverse to the interest of the public health, safety, morals or welfare; 5. Failure fully to comply with any of the requirements of any ordinance, rule, regulation, law or statute of the City, or the United States Government; 6. Material variance in the actual plan and design of licensed premises from the plans and specifications submitted to the City along with the application; 7. Conviction for any offense involving moral turpitude or sexual misconduct; and 8. Operation without a license as required hereby. B. Appeal. The licensee may appeal such suspension, revocation or non-renewal to the 3 - 68 City of Arden Hills Chapter 3 Licenses and Regulations City Council. The Council shall consider the appeal at the next regularly scheduled Council meeting on or after ten (10) days from service of the notice of appeal upon the Administrator. At the conclusion of the hearing, the Council may affirm the suspension, revocation or non-renewal of the license; reinstate or renew the license; or impose a reissuance of the license upon such additional terms, conditions and stipulations which the Council may, in its sole discretion, impose. The factual bases for any denial shall be set forth in writing and mailed to the licensee by the Administrator. Subd. 13 Violations; Penalties. Whoever does any acts forbidden by this Subsection or omits or fails to do any acts required by this Subsection shall be guilty of a misdemeanor, and every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act constituting a violation of this Subsection or any act, which constitutes an omission and therefore a violation of this Subsection whether individually or in connection. with one or more persons or as principal, agent or accessory, shall be guilty of such offense and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this Subsection shall likewise be guilty of such offense and shall be guilty of a misdemeanor. Each day that a violation exists shall constitute:. a separate and distinct offense. 330.04 Taxicabs. 3 - 69 'I -I _I 1 I I I I I -' I I I I I I I ~ I I' ~ I I 1 I I I . 1 1 1 I I I ~ I City of Arden Hills Chapter 3 Licenses and Regulations Subd. 1 Definitions. For the purposes of this Subsection, the following words and phrases shall have the meanings respectively ascribed to them: Doing business: "Doing Business" shall mean when the operator of a taxicab: A. Maintains a garage, office or place of business in the City, or B. Regularly receives calls at any location in the City for the dispatch of his or her taxicabs. Operator. "Operator" shall mean any person owning or having control of the use of one or more taxicabs. Taxicab. "Taxicab" shall mean any motor vehicle used in the carrying of persons for hire, whether over a fIXed route or not, and whether operating from a street stand or subject to calls from a garage or elsewhere, but excluding government-owned vehicles, vehicles regularly used by undertakers in carrying on their business, or vehicles controlled and regulated by the state public service commission or other regulatory body of the State. Subd. 2 Operating Order and Equipment. Any operator of a taxicab doing business in the City shall cause such taxicab to be equipped, at all times he or she is doing business, with taximeters plainly visible to riders thereon and shall maintain any such taxicab in good running 3 -70 City of Arden Hills Chapter 3 Licenses and Regulations order and in full conformance with all applicable federal and state laws and applicable provisions of this Code. rio1l:: Although this subsection was located in the licensing chapter, no license appears to be required by the city. If one is required, language needs to be added here. ~: City asked why it should license taxicabs as it currently does not enforce this provision. Cities that regulate cabs have traditionally had a problem with too many cabs, traffic, etc., as well as problems with business practices of the cab companies. If the city has not had any problems and is not currently licensing cabs, this Section should be removed. 3 -71 'I ~ I I I I I I . I I I I I I I ~ I r~ 1 " 1 I I I I I .. I I I I I I I ~ I -" City of Arden Hills Chapter 4 Animals and Pets Chapter 4 Animals and Pets" ~: This Chapter has been reorganized and updated to incorporate Ordinances 300 and 301 as submitted by the city. Section 400 - General 400.01 Definitions. The folIowing defInitions shall be used in the application and interpretation of the provisions of this Chapter: Subd. 1 Dog. "Dog" shalI meananyrnale or female. member of the Canirie species of ',' - . animal commonly accepted as domesti~ated household pets, and other domesticated mixed breeds primarily of the dog kirid, The defiriition shall not applytotypicillly rio~i1 domesticated breeds of th.e species stich as wolves arid hyenas,'or to IIlixed bieedsnot "" . ,_.., _'.' '.".,',~", ",__ _'. .,.~',',^';'N"'."';''''','-'",,~ . '._ ...' " "',,', "'_"~"-'. ._,"' ".,. '.' .~"'.' -,CC predominantly of a dog breed,i5f the ClIm3 gelfl1s ef lInfh1l113. Subd. 2 Commercial Kennel. "Commercial Kennel" shall mean any structure specificalIy designed and used for the commercial breeding, sale, or harboring of three (3) or more dogs that are more than three (3) months old. .State law references- Authority to regulate animals, Minn. Stat.~ 412.221(21); animals generally, Minn. Stat. Ch. 346. 4-1 City of Arden Hills Chapter 4 Animals and Pets Subd. 3 Residential Kennel. "Residential Kennel" shall mean any structure . specifically designed and used for the non-commercial harboring of up to three (3) dogs that are more than three (3) months old, in conjunction with a residential use of property. Nl!1f: This subdivision is not consistent with Section 420. Should this read over two dogs instead of up to 3? Subd. 4 Owner or Keeper. "Owner" or "Keeper" shall mean any person, firm or corporation owning, harboring or keeping a dog. Subd. 5 At Large. "At Large" shall mean any dog that is off the premises of its owner and not effectively restrained by the use of a chain or leash not to exceed eight feet in length, ~age or kennel, ()r()tbe~\Visephysic~lly restrained. Subd. 6 Nuisance, "Nuisance" shall mean any dog which habitually or frequently barks or cries; frequents school grounds, parks, or public beaches; chases vehicles; molests or annoys any person away from property otl:!.e.ttl1~, that Of the owner; is repeatedly found running at large; or attacks other animals. Subd.7 Local Animal Control Officer. "Local Animal Control Officer" shall mean any person employed or contracted by the City for the purpose of aiding in the enforcement of this Chapter. The"dtitiesofa!()calanimalcontrol -()ffic:et.may;pe '.~." .,.~: ,_ ..' .,; - '.,"_._" _,~_,.,.. '_'. ,<' .." " . d. ,..""'_ ~., ,..,....._...... a. ssigIied t()the city's lawenforc:elrien(ageIicy.; -'."..,;,,',_.. .-._,..~~-,.'"'' ..... ,'~ .... _.' ..".,.. ~.. ~,._, ~.. ~-'. -..' ,.. -- . ....;..,~....,:.,. -'-., ,...,'-- 4-2 ,'. . -. . . . . . . . . I . . . I I -- I r I ~ I I I I I I W 1 I I I I I I , I City of Arden Hills Chapter 4 Animals and Pets Subd.8 Diseased Dog. "Diseased Dog" shall mean any dog which has been found to be infected with any disease which may creates a risk to the public safety. Subd.9 Domestic Animal. "Domestic Animal" shall mean any domesticated dog or cat Fommonly accepted as hlJuseholdpets. Subd.l0 Wild or Exotic Animal. "Wild or Exotic Animal" shall mean any mammal, amphibian, reptile, or bird which is of a species not usually domesticated and of a species which, due to size, wild nature, or other characteristics, is dangerous to humans and would ordinarily be confined in a zoo or found in the wild. The term shall include animals and birds the keeping of which is licensed by the State or Federal government, such as wolves, raptors, and pheasants. The term shall also include, but not be limited to, the following: A. Any large cat of the family "felidae", such as lions, tigers, jaguars, cougars, leopards, and ocelots, but excluding commonly accepted domesticated house cats. B. Any member of the family "canidae", such as wolves, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. C. Any crossbreed such as crossbreeds between dogs and coyotes, or dogs and wolves, but excluding crossbreeds between species of dogs or cats. 4-3 City of Arden Hills Chapter 4 Animals and Pets D. Any poisonous or venomous snake such as a rattlesnake, coral snake, water moccasin, puff adder, or cobra, re,gar~l~s~(Jf whethertbesnake.has be de-fanged etrip.~Y~I1.@E~' E. Any snake or reptile which by its size, vicious nature, or other characteristic is dangerous to human beings. F. Any skunk, raccoon, or fox, whether captured in the wild or domestically raised, and whether descented or not descented or vaccinated against rabies. G. Any bear, ape, gorilla, monkey, chimpanzee, or badger. H. Any Vietnamese pot-bellied pig. I. Any other animal, bird, or reptile which is commonly considered wild and not domesticated, or which is prohibited by State or Federal law . 400.02 Quarantine of Biting Animals. Whenever any dog or other animal has bitten any person and has caused an abrasion or puncture of the skin, the owner of the dog or animal shaU immediately cause the dog or animal to be quarantined for a period of ten (10) days after the person has been bitten by the dog or animal. During the quarantine period, the dog or animal shaU be kept under observation to determine its condition, and at the end of the quarantine, a report 4-4 '. I -. I I I I I I . I I I I I I I .. I r I' ~ I I I I' I I .. I I I I I I I - I City of Arden Hills Chapter 4 Animals and Pets shall be completed by the local animal control agency or a licensed veterinarian detailing the proper disposition of the dog or animal. No dog or other animal shall be destroyed unless the dog or animal shows the visible clinical signs of rabies during the period of quarantine. The owner of the dog or animal shall be responsible for the cost of the quarantine. 400.03 Registration. Subd. 1 License Required. Every owner of a domestic animal more than three (3) months of age shall cause the animal to be registered, numbered, described and licensed through the office of the City Administrator. The registration, numbering and licensing shall be for one year for the animal while owned or kept by the same person and while living at the same address within the City. A change in owner or address shall require a new duplicate tag to be issued. The license shall be a meta.! tag issued by the Administrator. Subd. 2 Fees. A. The fee for registration, numbering, description and licensing shall be as established from time to time by Council resolution. B. Duplicate licenses for lost tags or the changed address of the owner shall be issued upon application to the City Administrator, and payment of the fee as is required from time to time by Council resolution. 4-5 City of Arden Hills Chapter 4 Animals and Pets Subd. 3 License Tag Nontransferable. No owner of any domestic animal shall transfer the animal's license tag to any other animal, or place or permit to be placed the tag of any animal, on any animal other than the one for which the tag was originally issued. Subd. 4 Rabies Vaccination Required Prior to Issuance of License. Before any license shall be issued for any domestic animal, the applicant for the license shall furnish a certificate from a licensed veterinarian that the animal has received a rabies vaccination within one year. Subd. 5 License and Vaccination Tags to Be Affixed to Bog Collar. Every owner of a domestic animal of more than three (3) months of age shall at all times place and keep around the neck of the animal, a collar upon which shall be securely affixed the metal tag license provided for in Subd. 1 above and a valid rabies vaccination tag. Subd. 6 Counterfeit Tags. No person shall make, sell or purchase any false or counterfeit license tag, or place or permit to be placed any such false or counterfeit tag on any domestic animal owned or kept by him or her. Subd. 7 Records to Be Kept by City. The City shall maintain in books provided for such purpose, a record of all licenses and tags issued, with the name and residence of the person(s) to whom the license was issued, and the number designated upon the metal license tag. 4-6 :1 ~ I I I I I I .. I I I I I I 1 - I r' 1 ' ~ 1 1 I I I I . I I I I I I :. I City of Arden Hills Chapter 4 Animals and Pets 400.04 Citations and Impoundment. Subd. 1 Authority to Impound, Issue Citations. Any domestic animal found in violation of the provisions of this Chapter may be seized and impounded by any police officer or any animal control officer of the City; provided, however, that if the owner of the animal is known or can be ascertained from available information, it shall be returned to its owner and a citation for the violation shall be issued to the owner of the animal, unless otherwise provided in this Chapter. Subd. 2 Place of Impoundment. Impoundment may be in an animal shelter. within or without the city, as the Council from time to time may designate by resolution as the "City Pound. .. Subd. 3 Notice to Owner. The owner of any domestic animal impounded under the provisions of this Subsection, if his or her identity and location can be obtained by reasonable means. shall be notified within twenty-four (24) hours that his or her domestic animal has been impounded. Subd. 4 Redemption by Owner. Any domestic animal impounded pursuant to the provisions of this Subsection may be redeemed from the pound by its owner within five (5) regular business days after the impoundment upon payment to the City Administrator of the impoundment fee as is from time to time established by City Council resolution, plus, in the 4-7 City of Arden Hills Chapter 4 Animals and Pets event the animal is not licensed, the license fee required pursuant to Subsection 400.03. Subd. 5 Release. Upon the presentation of proof of a valid license for the domestic animal and payment of the fees provided in subdivision 4, the poundkeeper shall release the animal to its owner. The poundkeeper shall further take such steps as are necessary to cause the owner of the animal to be charged with any violation of this Chapter which gave rise to the impoundment of the animal. Subd. 6 Redemption by Person Other than Owner. If the owner of any domestic animal impounded under this Subsection shall fail to redeem the animal within five (5) regular business days after its impoundment, any other person may, upon complying with the provisions of this Subsection, redeem the animal from the pound and be the lawful owner of the animal thereafter. If the animal has been requested by a licensed educational or scientific institution under Section 35.71 of Minnesota Statutes, then it shall be given to the institution and shall not be sold. Subd. 7 Disposition of Unredeemed Domestic Animals. All domestic animals impounded under this Subsection which have not been redeemed or purchased as authorized in this Section may be disposed of in a humane malUler by the poundkeeper or any police officer. Subd. 8 Interference with Officers. It shall be unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let out any animal therefrom. or -.--' 4-8 ,'. I -. I I I I I I . I I I I I I I ~ I r' r " I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 4 Animals and Pets to take or attempt to take from any officer any animal taken by him or her in compliance with this Chapter. or in any manner to interfere with or hinder an officer in the discharge of his or her duties under this Chapter. 4-9 City of Arden Hills Chapter 4 Animals and Pets Section 410 . Dogs' 410.01 Running at Large; Control. No owner or keeper of any dog shall permit the dog, whether licensed or unlicensed, to run at large. ~: City asked why keeper had been deleted. Under the first draft, the term owner had been dermed to include keeper so it was redundant. For clarity purposes, the definition has been modified and the term keeper reinstated here. 410.02 Owner to Clean up after Dog. Any owner of any dog in a public place shall be responsible for cleaning up any feces of the animal and for disposing of the feces in a sanitary manner and shall while with the dog in public have in his or her possession a device or equipment for picking u and removal of the feces. This subsection shall not apply to guide dogs accompanying a blind person, or to a dog used in police or rescue activities. 410.03 Owner to Prevent Nuisances The owner 5r wst5diall of any dog shall prevent the dog from committing in the City any act which constitutes a nuisance. 410.04 Habitual Howling and Barking Dogs Unlawful. No owner shall allow his or her dog to unreasonably disturb the peace and quiet of any person by frequent and habitual howling, yelping, barking. It shall be prima facie evidence that a dog is unreasonably disturbing the peace if it has been repeatedly barking, howling, yelping, or making other similar noise for at least five minutes with less than a one minute lapse during that five minutes and the barking, howling, .~ --" 'State law reference- Dogs, Minn. Stat. Ch. 347. Ordinances 300 and 301,1994. 4 - 10 :1 I -. I I I I I I eI I I I I I I I ~ 1 r . r ~ I I 1 I' I I . I I I I I I ~ I City of Arden Hills Chapter 4 Animals and Pets yelping, or other similar noise is audible off of the premise where the dog is being kept. 410.05 Diseased or Vicious Dogs. No person shall keep or allow to be kept on premises occupied by him or her, or permit or allow to run at large, any diseased dog or any dog of a ferocious or vicious character, habit or disposition. 410.06 Destruction of Certain Dogs. A. Upon sworn complaint that anyone of the following facts exist: 1. That any dog at any time has destroyed property or habitually trespasses in a. damaging manner on the property of persons other than the owner; 2. That any dog at any time has attacked or bitten a person outside the owner' s or custodian's premises; 3. That any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets; or 4. That any dog is a public nuisance as defmed in this Chapter; the city shall petition the appropriate court for a summons directing the owner of the dog 4 - 11 City of Arden Hills Chapter 4 Animals and Pets to appear before the court to show cause why the dog should not be seized by any police officer or Local Animal Control Officer, or otherwise disposed of in the manner authorized in this Section. The summons shall be returnable not less than six (6) nor more than ten (10) days from the date thereof and shall be served at least ten (10) days before the time of the scheduled appearance. B. The court may either order the dog killed or destroyed in a humane manner, or order the owner or custodian to remove it from the City, or order the owner or custodian to keep it confmed to a designated place. If the owner or custodian violates the order, any police officer or local animal control officer may impound the dog and comply with the court order. 410.07 Muzzling Proclamation by Mayor. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his or her premises unless it is muzzled so that it cannot bite. No person shall violate the proclamation, and any unmuzzled dog running at large during the time fIxed in the proclamation shaH be kiHed by the police without notice to the owner. 410.08 Violation; Penalties. Violations of this Section shall be a: misdemeanor and, upon conviction thereof, shall be puiiishableby lifirie and! or"imprisonment to the extent authotized'by .,,, "~.'. . '. ,;"c.:...., '''''_'d''~''''~'''''^'''~'-''''_'''~''''';;''''.'''''''''''"'''-_"-.",.,"',',,, ." '.',,--," ---'" '^--, ,-,__.'_.,.::;;,o...-;,;t,.;; c" ~YtI9.t~j.fusde:'P-~anor. II fine ef 116t te execed three hantlrc::~ dellm ($~OO.OO) er impris6f1fm:ftt 4 - 12 :1 I -. I I I I I I eI I I I I I 1 I ~ I r' r ~ 1 I I I I I . I I I I I I ~ I City of Arden Hills Chapter 4 Animals and Pets fef II periea net te exeeea mile!) (99) allY3, er beth ($799:'). The minimum fine for the first offense of a dog shall be twenty-five dollars ($25.00). The minimum fine for any subsequent offense by the same dog shall be fifty dollars ($50.00). Section 420 Kennels 420.01 Licenses and Permits Required. Subd. 1 Commercial Kennel. It shall be unlawful for any person to operate a commercial kennel in the City without first having obtained a commercial kennel license and a Conditional Use Permit under the City's zoning ordinance. Subd. 2 Residential Kennel. It shall be unlawful for any person to keep more than two (2) dogs over the age of three (3) months in a residential dwelling unit without first having obtained a residential kennel license. The holder of a residential kennel license shall not board or train on his or her premises dogs belonging to another person. Residential kennel licenses shall only be issued for property zoned residential R-l or residentiaIR-2. 420.02. Application. Subd. 1 Form. Any person desiring a kennel license under this Section shall make a written application for the license to the City Administrator on forms prescribed by and requiring such information as required by the City. The application shall contain at least the following 4 - 13 City of Arden Hills Chapter 4 Animals and Pets information: A. A description of the property upon which the dogs will be kept. Outside kennels shall be constructed of suitable size to maintain and secure the keeping of the particular breeds of dogs and to allow for sufficient space for dogs to exercise freely. All surfaces shall be constructed of material to provide for proper cleaning, drainage, maintenance, and other needs of the dogs. B. A current rabies certificate and list of dog tags for each dog to be kept in the Kennel. C. The breeds and number of dogs over the age of three (3) months to be kept on the premises. D. A statement that the applicant will at an times keep the animals in accordance with all conditions prescribed by the City or State, and that failure to comply with the conditions shall constitute a violation of this Section and shall be grounds for the suspension or revocation of the license. E. Other information as may be required by the City or State. 420.02 Investigation. The local animal control officer shall conduct any necessary investigation into the information provided on the application and may approve or deny any license application 4 - 14 ,'1 I -- I I I I I I et I 1 I 1 I I I ~ I '~ I I I I' I I . I I I I I I ~ I City of Arden Hills Chapter 4 Animals and Pets made under this Section. He or she may also impose conditions upon the issuance of a license to ensure compliance with this Section or other applicable parts of the City Code or State law, and to protect the health and safety of others. 420.03 Issuance and Conditions of License. If approved, the license shall be issued by the City Administrator. The license shall specify any restrictions deemed reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or other unreasonable annoyance, and to protect the public health and safety. The license may be modified from time to time, or suspended or revoked by the local animal control officer for failure to comply with the restrictions imposed upon the license. Any modification, suspension, or revocation shaH be effective only following at least ten (10) days notice to the licensee and an opportunity for the licensee to be heard. 420.04 Denial of License. The local animal control officer may deny an application for a license under this Section for failure to provide required information; failure to comply with the provisions of this Section, the license, or other applicable State or local regulation; if the facilities are or become inadequate for their intended use; if a nuisance is or would be created; or if the public's health or safety is or would be unreasonably endangered by the granting of the license. The denial of a license under this Section shall be appealable to the City Council. 420.05 Fees. The fee for either an initial application for or a renewal of a license issued under this Section shaH be as set from time to time by the Council.. 4 - 15 City of Arden Hills Chapter 4 Animals and Pets 420.06 Duration; Non-transferability. Kennel permits shall be for a period of one calendar year or for the portion of the calendar year following the date of the application, and shall be nontransferable. Section 430 Cats 430.01 Nuisances. It shall be unlawful to own or possess any cat which destroys, damages. or defiles property; that creates an offense by way of noise, odor, or otherwise; or that molests other animals or human beings. Any cat that shall conduct any of this behavior shall be declared a public nuisance. No violation shall be found to have occurred, however, until after the owner has been notified by the City of the cat's behavior. 430.02 Notice. Upon written complaint of a person stating that the acts committed by a cat, the name and address of the person owning the cat, and the name and address of the person making the complaint, the City shall notify the cat's owner of the acts complained of and instructing the owner to restrain the cat from committing any additional acts. 430.03 Abatement. If a cat is found to constitute a nuisance under this Section, and no owner or other responsible party shall be ascertainable, the City may take whatever action is deemed appropriate to abate the nuisance, provided that the cat shaH not be destroyed except as provided in Section 400. 4 - 16 ,'. ~ . I I I I I . I I I I I I I ~ I r I' ~ I I I I- I I .. I I I I I I I - I City of Arden Hills Chapter 4 Animals and Pets Section 440 Wild and Exotic Animals 440.01 Prohibition. To protect the health, safety, and welfare of the citizens of the City, it shall be unlawful to keep any wild or exotic animals within the city limits, except as otherwise permitted by this Section. 440.02 Temporary Permit. Any person desiring to keep a wild or exotic animal otherwise prohibited by this Section within the city limits for the purpose of entertainment, exhibition, or show purposes, or as a public zoo volunteer or other employee or agent providing care to a zoo animal, shall apply for a temporary Special Use Permit from the City Council. The permit may be issued for a period of time not to exceed thirty (30) days and shall specify the conditions under which the animal(s) shall be kept. 440.03 Permanent Permits. Permanent special use permits allowing wild or exotic animals rrcay be issued to the following, provided all applicable zoning requirements are met: a, Public zoos or other institution engaged in the permanent display of animals. b. Bona fide research institutions c . Veterinary clinics d. Monkeys trained as personal helpers and living with a handicapped person, except that the permit shall be subject to annual review, 4 - 17 City of Arden Hills Chapter 4 Animals and Pets 440.04 Allowable Animals. The prohibition of this Section and the requirement for a permit shall not apply to the following, which shall be allowed in the city as a matter of right: a. Non-poisonous or non-venomous snakes or other snakes not defined as wild or exotic in Section 400. b. Birds kept indoors c. Mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, lizards, and other small animals capable of being continuously kept in a cage. 440.05 Raising of Animals for Pelts. The raising of wild and exotic animals for pelts may be permitted under a Special Use permit. The applicant for the permit shall provide the City with proof of insurance including public liability insurance with limits of not less than one hundred thousand dollars ($100,000). The insurance shall provide coverage for liability resulting from the ownership or possession of the animal(s) being permitted. 440.06 Impounding of Animals. Any wild or exotic animal kept in violation of this Section may be impounded by the City. Notice of the impoundment shall be provided to the owner. Unless the impounded animal is reclaimed within five regular business days and either removed from the City within the time limit established by the Councilor permitted by a special use permit, or unless the owner petitions the District Court for a determination that the animal is exempt from the provisions of this Section, the animal may be destroyed or sold. Any person who reclaims an impounded animal shall pay the cost of the impoundment at the time of the animals release. 4 - 18 ,'. I -- I I I I I I -- I I I I I I I ~ I r ~ I 1 I I I I lit I I I I I I I ~ I City of Arden Hills Chapter 4 Animals and Pets 440.07 Existing Wild and Exotic Animals. Anyone keeping or maintaining a wild or exotic animal at the time this Code is adopted shall have ninety (90) days in which to comply with the provisions of this Section. The Council may grant an extension beyond the ninety days upon a showing of good cause, but in no case shall the extension be viewed as a permanent exemption from the requirements of this Section. 4 - 19 ^ 11 11 Ie I 1 I 1 I I Ie 1 1 I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages Chapter 5 Alcoholic Beverages Section 500 - In ~neral 500.01 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: Subd. 1 Beer or N6nint6xieating Malt Liquor. "Beer" or Nelllmtllxiell.tin! "Malt Liquor" shall mean any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths (3.2) percent by weight. Reference 'may "":.".'=.",'" .,~";,-"';"-,,,,,':'.'.~-,,,.,., also be made to the.. term'"3.2 malHiqu6r" Which shall ineanthel;ame"3s'~inalt-'1iq1.l6r"; . '~".. ,.- ,. ,".._"...' ,....,.~. - ~, ",-" "-""~'- ,,_....,-~~,~---"- ~.,' ',. ".--~.. .._-..~._,.~.... ~.,. ^." ,--,. .,~"'.., - ~: The term "non-intoxicating" is no longer being used, replaced instead by just "malt" liquor or 3.2 malt-liquor. Subd. 2 Beer Store. "Beer Store" shall mean an establishment for the exclusive sale of beer or IllilltE<iu6r, with the incidental sale of cigars, cigarettes, aU forms of tobacco, beverages and soft drinks at retail. Subd. 3 Bona Fide Club. "Bona Fide Club" shall mean with respect to the sale of beer or malt liquor, a club organized for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of beer 8.r.m~ltliguor is incidental to and ~" 5-1 City of Arden Hills Chapter 5 Alcoholic Beverages not the major purpose of the club. Subd. 4 Club. "Club," with respect to the sale of intoxicating liquor shall have the definition given in Minn. Stat. 340A.IOI, Subd. 7, as from time to time amended. This statute is hereby incorporated and made a part of this Code as if set out here in full. ISm: The difference in definitions between this chapter and the zoning ordinance should not be a problem as they appear to be regulating different activities. Subd. 5 Drugstore. "Drugstore" shall mean any establishment where drugs are kept, compounded, and sold if it is at all times in charge of a registered pharmacist or of a registered assistant pharmacist during the temporary absence of the registered pharmacist. ISm: This is a statutory throw back to the days of prohibition, but basically allows drugstores to store alcohol necessary for medicinal purposes. Subd. 6 Exclusive Liquor Store. "Exclusive Liquor Store" shall mean an establishment used exclusively for the sale of intoxicating liquor, with the incidental sale of cigars, cigarettes, all forms of tobacco, ice, cork extraction devices, books and videos on the use of alcohol, 1l6nint5xklltiftg beer and malt beverages, and soft drinks at retail, either on sale or off sale or both..Entertiiinmeiitt'tftlie'exteilni'tithoriiedb)Y,Stiite )awlD.aybe~periiiitted '" ':'>-'.".-.,' '.C."... _;,_,""'."'.".:_.",_,",\_.~,~>i,"'~",,,,,,,~~,,,,,\I.~"..,,,,,",,,,~~.,.,,,.,",~_~,,..,~~.'"'_ "_"_~,,,_,,,,,,.,,..,'. " -,0.,-",,_., ',' > ,-,"'~'~' .:..,..,"''"'_,......k~,'''!.., tlIl.tbelice~edprelI1ises. It shall be under control of an individual owner or manager. ISm: City had an "i.e. bowling alley" after this section. Bowling alleys would be considered more than just entertainment and are specifically addressed in 340A of state law. 5-2 'I I -. I I . 1 I I -- I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages ~ I I I I I I ~ I 1 I 1 I I :. I Subd.7 Hotel! Motel. "Hotel" or "Motel" shall mean an establishment where food and .,. ,',.0'" lodging are regularly furnished to transients for a price. For specific requirements with respect to a hotel prmotel, reference is made to the statutory requirements imposed thereon by Section 340A.lOI Subdivision 13 of Minnesota Statutes as from time to time amended, which provisions are incorporated herein by reference and made a part of this Code as if set out here in full. ~: Again, the conflict with the zoning ordinance should not be problematic as this follows the state definition for the purpose of alcohol. Subd. 8 Intoxicating Liquor or Liquor. "Intoxicating Liquor" or "Liquor" shall mean distilled, fermented, spirituous, vinous and malt beverages containing in excess of three and two-tenths (3.2) percent of alcohol by weight. The term does not include ethyl alcohol or neutral spirits or substitutes therefor possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Subd. 9 Off Sale. "Off Sale" shaH mean the retail sale of beer, rtIalt liquor, or liquor in the original package for consumption away from the premises where sold. Subd. 10 On Sale. "On Sale" shall mean the sale of beer, maltliqu6r, or liquor for ,."e .. consumption on the premises only. Subd.11 Original Package or Package. "Original Package" or "Package" shall mean any corked or sealed container in which the beer, !!i'!!!:Jiqucjr, or liquor is placed by the 5-3 City of Arden Hills Chapter 5 Alcoholic Beverages manufacturer or distiller. Subd. 12 Restaurant. "Restaurant" shall mean an establishment in which the major business is preparing and serving meals to the public to be consumed on the premises, and with respect to any restaurant selling intoxicating liquor in addition to food. reference is made to the statutory requirements imposed thereon by Section 360A.101, Subdivision 25 of Minnesota Statutes, as from time to time amended, which provisions are incorporated herein by reference and made a part of this Code as if set out here in full. Subd. 13 Sale and Sell. "Sale" and "Sell" shall mean in addition to the accepted meanings, all barters, gifts and other means of furnishing beer or malt liquor or liquor in violation or evasion of this Chapter. 500.02 Prohibited Acts. Subd. 1 Inducement of Minor. No person shall induce a person under the age of twenty- one (21) years to purchase or procure intoxicating liquor or beer or ~11Ii~!>~. Subd. 2 Clubs. No club shall sell liquor or beer or !lliiltl!gjior except to members of the club or guests in the company of members. 5-4 'I I _I I I I I I 1 eI I I I I 1 1 I ~ I r I" Ie I I I I I I Ie I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages ~u~~J~~;~u.~i!Y.!J~<CP~~2!Ls1fil!!~,allowed to be"otrt;,majI1pIi li~e~!:dptt:l1lises, nor ~l1a1!'ll!lYESt:~SJl!:@it~y:pc:rs9~t5>~or.r~1llllin oHthe.1icenSed pre!lli~t:tifthe ,person's buttocks,anu~;genitals,pllbicarea, orin the case of females the breast belo,w the top of "'c."" "_",,,,",,,,_.._._' .'-._..' ., ~_." ,._.,~. _.._d,.'" " "..,' -'.'" ..__.,:. ,: '0'" __ ,_,.,',"',_ , .,. .,. '", '. - ,.., - .0 ',--, -' -"...~ areola,are not 'covered byan opaqlle material. '_',' "_.", ,_.. .,..,....;.M....,"..,_....- "'''''''_ """_. ,,"_"~._ _' c. c..........,,- .. .', _0' -.". ,'___.", ," Section 510 - Intoxicating Liquors 510.01 Licenses. Subd. 1 Required. No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Subsection. Licenses shall be of four (4) kinds: "On-sale," "on-sale wine," "off-sale," and "club" licenses. A special "Sunday Sales" license shall be required for the on-sale of liquor on Sundays. Subd. 2 Classification. A. "On-sale" licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores and shall permit on-sales of liquor only. The Council may, in its discretion, grant on-sale licenses to the maximum number permitted by the laws of the State of Minnesota. 5-5 City of Arden Hills Chapter 5 Alcoholic Beverages B. "Off-sale" licenses shall be issued only to drugstores and exclusive liquor stores and shall permit off-sales of liquor only. C. "On-sale wine" licenses shall be issued only to restaurants meeting the qualifications of Section 340A.l01 Subdivision 25 of Minnesota Statutes, as amended, and shall permit only the sale of wine not exceeding fourteen percent (14%) alcohol by volume, for consumption on the licensed premises only in conjunction with the sale of food; provided, however, that in no event shall such "on-sale wine" licenses be issued to "fast-food restaurants" as that term is defmed in this Code. .... FurtheE!the .holder of an on~sale wine license is~iJe~iJri~e(~~!" Chapter who .a1soholds an on=sale beer/malt liquor license issueduridettlili;Chiil'teI' for the same,e,stabIishn1el),las the on-salewine)icensej~he,ll:Ii:.~t;I!k$h9~l)~gr.gj~ receipts are at.. least.sixty (60) percent attributable to the. sale off6@rrfu\.)'als6.~ell . . ,_."_.._ . , . .,. _,' .:,:.__'__,. ,- ,"_" ',",,,',, ',-._"",'M.':....,_.'-,,,=_,,":,,: ,_"":"_,,,:C',,._~,;'_""_ intoX:icatirig~erJIrialt liquor. for c6nsumption(jIi~rlicerisedpte~se~:~Ql2!!~ gbtaining an lldditiol1llllicense. All references in this Chapter to "on-sale" licenses or sales shall be deemed to include "on-sale wine" licenses or sales unless the context in which the term is used clearly requires a different interpretation. D. "Club Licenses" shall be issued only to incorporated clubs wliich have been in existence for fifteen (15) years or more or to congressionally chartered veterans' organizations which have been in existence for at least ten (10) years. !Silk: Although this is more restrictive than the Statutes, it is based on the statutory 5-6 '. J -. I I I I I I eI I I I I I I I ~ I I' r ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages requirements. The Statutes are equally vague as to whether the club must exist in the city or just be in existence somewhere for the stated period oftime. The statutes is most likely to be interpreted as meaning the club has had to have existed somewhere and that the existence is verifiable. The city, however, could specify the requirement to mean that the club must exist within the city limits. E. "Sunday on-sale" licenses shall be issued only to on-sale licensees which have facilities for serving at least thirty (30) guests at anyone time, which are in compliance with the requirements of the Minnesota Clean Indoor Air Act, and which shall serve intoxicating liquors only in conjunction with the service of food. A "Sunday on-sale" license shall not be needed for on-sales made by on-sale wine licensees. Subd. 3 Persons Ineligible for License. No license shall be issued or transferred to, held by, or renewed for any person: A. Who is under twenty-one (21) years of age or who is otherwise barred from holding a license under State law. B. Who is,'or:Who'biiiLiCaifect'ijfmdifecfiilrerest m, a manufacturer or wholesaler 'M",'~w'''''''"''''~^;<;''.~''''''''''''''~_~'.~",""~i.='.'''''~~''~~_'"'I'.w.~'',w"".,,, of intoxicating liquors. , bt1t lfti3 re3triea61l. mall Mt pre....ent lfte iS3UIIlIee ef II lieeMe far kllsea prefili3t3 ~JlheI e a mafttlfllemrer el .NRalesakr .""&3 a bana fiae 5-7 City of Arden Hills Chapter 5 Alcoholic Beverages 61'> ocr efthc pI"niJCJ pri6r te N6.cmbcr firJt, 1933. ~: This section follows Minn. Stat. 340A.402 but does not exclude brewpubs as they are excluded from the definition of manufacturers, etc. by Minn. Stat. 340A.33. C. Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this Subsection. ~: A number of cities wish to restrict the number of on-sale establishments a person can operate within a city. State law limits a person to one off-sale establishment per city. This section can be modified, or even removed, if the city desires. D. To whom, in the estimation of the City Council. based upon the results of the investigation performed under Section 340A.4l2 Subdivision 2 of Minnesota Statutes such issuance, transfer or renewal would not be in the public interest. State law reference-Persons eligible for license, Minn. Stat. 340A.402. E. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. \ \ F. Has, within five (5) years prior to the application for the license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating 5-8 'I ~ I I I I I I . I I I I I I ~ I I' I' ~ I I I I I I . I I I I I I ~ I City of Arden Hills Chapter 5. Alcoholic Beverages liquors or beer or malt liquor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; Subd. 4 Places Ineligible for License. A. No license shall be issued to a drugstore until it has been operated continuously for two (2) years prior to the application. B. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent and unpaid. C. No initial license, as contrasted to a renewal license, shall be granted for any location within five hundred (500) feet of any school or any church: In the event that a renewal license is sought for a location which was not objectionable under this provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within five hundred (500) feet of the location after the initial license was issued. D. No license shall be issued for any premises owned by a person to whom no license could be issued under the provisions of State law. 5-9 City of Arden Hills Chapter 5 Alcoholic Beverages E. No off-sale license shall be issued for any place where 118nint6xiellting malt beverages are sold on-sale, except as permitted under the provisions of Section 340A. 412 Subdivision 6 of Minnesota Statutes as time to time amended.. F. No license shall be granted for any place, except an exclusive liquor store, for which a license of another class has been granted under this Section. State law reference-Where sales forbidden, Minn. Stat. 340A.412 Subd. 5 Application Note: This subdivision has been reorganized per city's request. A. Form. Each application for a license under this Section shall be in the form prescribed by the liquor control commissioner and the bureau of criminal apprehension, lJriariapplicatiori pr()vided by the.Cit}':AdJftiIiistrat()r. -...,..., .'-,......"." ,.....,...,'. "., ". .--.~ -.,.\ ... ,. '''-'-'' .,.,','", "';":"';"''''''';''''-'' .,' -,.;.. B. Information. Each application shall state the name of the applicant, his or her age, representations as to his or her character with such references as may be required, hi3 6r her eitizell3hil', whether the application is for on sale or off sale, the business in connection with which the proposed licensee will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, ptoofofiriS\irance as"reqlii1"ed'bythis . ,_,<.....,'<~^~._".'""'""'''-,..;.,,..i.~'''.~,....,.,_,., " '""""0'"'' ,.,-......,. ."_p'"~," "-""0 '", Sectioif"and,'ufCaccotdilrice with-the' requirementS. ofStil'te]aw, the information "',,~, ;_''''-'~'.,",._,."_i_;,.,.,=,.;.,'',:'_.";...,,,__.,,,.._. "-""-,...' .. .. "'.^H~~,.~;t. .. ',"" .. -,,,',\:..-;.c..... ,_,'_, '-_, 'r ...' ..'_ '.'. -,.. - ~,,__",~... .'.-' ;0'''';''- .;, ^,,'.. ,..., ' required under Subpart E, and such other information as the Council may require 5 -10 'I ~ I I I I I I . I I I I I I ~ I ,. ~ I I I I I I " I I I I I I I City of Arden Hills Chapter 5 Alcoholic Beverages from time to time. Applications for an on sale or off sale license on behalf of a corporation shaH include, in addition to the foregoing, information as to the names, addresses, and occupations of aHstockhold~rs hqlding tenpercentl?!llloieof the corporation,'sstock, and officers of the corporation. C. False Statements. No person shall make a false statement in an application. Providing false information shall be grounds for denial or revocation of the license. D. Verification. Every application for the issuance, transfer or renewal of a license to sell liquor shall be verified and filed with the City Administrator. E. Area Information. Each application for an on sale liquor license shall include information, on forms to be provided by the city, setting forth the area of the establishment, includin the ad"acent sidewalk,'arking'Iot;:orothei"libutting"(jutil.oor ,..:."..:.'_, .'_". ::..J~.. "....J "",:,_, ",...,."",,,_, ";P",,...,"-....."',.;...~,."",..., :~.,',...".."""".""",:~__.",,",,..,~::,,~,.. _.....\:,~'i);~""O" ~eath~t.@.~y:Q.~~~edfo~ .ou!dq()~:s~~@g!.which is proposed to be utilized for the purpose of sale or consumption of liquor. The information provided as to such area shaH be verified by the City Administrator whose report thereon shall be promptly submitted to the Council with the application. Hmt: City could require scale drawing if it wants, but that might be more detailed than necessary" It is in the area description, however, that the possible use of outdoor areas such as sidewalks and parking lots must be provided for. 5 - 11 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 6 Investigation. Upon initial application for an on sale license or upon application for transfer thereof, the peliee ehief !:l}~'9ity.:tde.signatedJa.weriforcement agency shall conduct a preliminary background and fmancial investigation of the applicant. If the Council deems it to be in the public interest, it may request: A. The peliee eh1ef Cit)i'sdesignatedlaw enfotcementagency or the bureau of ~"..,,:,.,"-. ..--"- '".-._.,~;;,,^.~..: ,..:..,' ., :.,','. '-,-,.",..... criminal apprehension, through contract therewith, to conduct a more comprehensive investigation of the initial or transfer applicant; or B. In the case of a renewal applicant, the fleliee c:hief City's designated law enforcement agency to conduct a preliminary background and financial investigation of the renewal applicant. State law reference-Investigation of on-sale license applicants, Minn. Stat. ~ 340A.412, Subd. 2. Subd. 7 Fees. A. Required. Before any license shaH be issued under the provisions of this Section, the applicant therefor shall pay the license fee(s) and the investigation fee required by the Council as established by resolution from time to time adopted. B. Determination. The Council has determined that the licensing of "on sale" 5 - 12 I ~ I I I I I I .. I I I I I I ~ I r I . " I I I I I I 'e I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages liquor establishments within the City imposes substantial additional responsibilities and burdens, both immediate and potential, on the City with respect to conducting background and financial investigations of the applicant, policing and supervising of the establishments and the traffic that comes into the City for the purpose of patronizing the establishments. The Council has further considered that the operation of the establishments may well become a nuisance, and the license fees therefor should be set with this factor in mind, as well as the factors of administrative expense and items of City expense such as police investigation, supervision, fire protection, road maintenance and the like. The Council has further determined that there is a definite relationship between the burdens, responsibilities and risks of the City with respect to the on sale liquor establishments and the area in the establishments which is utilized for the sale and consumption of liquor. C. Payment and Disposition. 1. All applications for on qr off sale licenses, or special club licenses shall be accompanied by certified check or money order to the City treasurer for payment in full of such fees. 2. \Vith r,fereft" t6 en ~a1e liqtlof lie-eme feeJ, aoc foortft of the.lieewe. fee a~ detencined and fixed by tlle C5t1ll.eil shall be paid bc:fore the i3~ull!lee 6f th~ lieerne,. 8ft' retlrtft of the fee ::lha.ll be paid eft Br bere!, lqnil f1'fst of the 5 - 13 City of Arden Hills Chapter 5 Alcoholic Beverages year ',\hkh iJ the 3tIbjeet Ilf tile lieerne, efte fetlrth of lhe fee by Jtlly ftf3t ef such yellr, 1100 tfit: nmfiillin~ one fetlrth ef the fee 3hall be paid by Oeteber fint Ilfthe )ear "hieh i3 the gtllYjeet ef the lieerne. 2. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license the treasurer shall refund the amount paid with the application. D. Refund. 1. Except as provided in this Subsection, no part of the fee paid for any license issued under this Section shall be refunded, nor shall any portion of the fee determined to be due for a license issued under this Code be canceled. Applications for refund of liquor license fees may be considered by the Council when the operation of the licensed business has ceased for any of the following reasons, to wit: a. Destruction or damage to the licensed premise by fIre or other catastrophe to such an extent that the licensee ceases to carry on the licensed business; b. Discontinuance of the business of the licensee by reason of death 5 - 14 I I .. I I I I I I tal I I I I I I I ~ I I' I' " I I I I I I Ie I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages or illness of the licensee; c. A change in the liquor status of the municipality which makes it unlawful for the licensed business to continue. 2. In the event of application for refund for any of the foregoing reasons, which application shaH be made within thirty (30) days after the happening of any such event, the Council may, at its discretion, refund a pro rata portion of the license fee. State law reference-Refund of fees, Minn. Stat. ~340A.408, Subd. 5. Subd. 8 Insurance. N2k: The references to bonds were marked for deletion because they are no longer required by statute and city had a not saying to delete. A subsequent note, however, indicated that the city has recently collected off a bond. What is the current practice? City may require bond even if statutes don't but the conflicting notes made it impossible to know what the final decision was. A. A 311fC!y belli:!, liability insurance policy, or in lictl lfiereef ea3ft er United StatC:3 Ca'.'emmcl'lt Dencb ef eqt:livaleftt market. altie, in the amount established by Council Resolution, but in no case less than State minimums, shall accompany each application for a license required by the provisions of this Section, 5 - 15 City of Arden Hills Chapter 5 Alcoholic Beverages B. All such "elulJ er policies shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions of the bond. In the event of the forfeiture of any such bond or policy for violation of law, the court may forfeit the penal sum of the bond or policy or any part of it to the city. C. The security offered under paragraph (a) shall be approved by the City Council and in the case of applicants for off-sale licenses by the state liquor control conunissioner. Stlre!,. "ellds aM Liability insurance policies shall also be approved as to form by the City attorney. The operation of the off-sale or on-sale liquor business without having on file at all times with the municipality an effective bend-; insurance policy, er ether seetlrity as reqtlired in paragraph (a), shall be grounds for immediate revocation of the license. ,\11 stleh "eMs er ether seetlrity shall 11.:: (oliditiem:a 5.3 f'611e n ~. 1. That the lieen3ec .J(ilI obey the 18 ~( rela.ted 16 t:ht: lieeMea hU3inc33, 2. Thttt the }jet-me, ".vill 1'5.) t5 the mt1nieipB.l~ "hen dtle all taxe3, IietMe fee.." pent11tic:J, ana ether eftar,geJ pre ;idea by 18.-,,\-, J. That i1... the e y em of any -{ialatio8 Bf the previJiam ef my law relating t8 the retail eff ;,a.le find 6ft gale elf intoxicating liqtl6f t Jtldi bend, pelie.y, or ether seell/it,. shall be ferfdted t6 the city. -. 5 - 16 '. I -. . . . I I I eI I I I I I I I ~ I I' I' ." I I I I' I I Ie I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages 4. That au: liE~ooe' ~n ill 1'8.) ta til~ t:xtent of tile. priIrt:ipaI ftffi.Btll'it af the, bend, p6liq, er ]ec:t1rit), llll)' damllge] f'6r death 6r injtil) Clltl3ed by er 1't:3tllting frem the -lielfttian of any peen'bion ef 18.~' relating t:fl.e.reto, a.na ill 3tIell ell]e] ree6".uy tinder IlIb flll:l'llgrllJ'h (4) mllY be hlld frem the 3t1rety 61l. the bend er the p6lky. The llmetlflt ]peeified in the bend er pelky i3 deelllred 16 be II pCfllIlty. Subd. 9 Granting of Licenses. The City Council may make, or cause to be made, an investigation as it deems appropriate of the claims set forth in the application. The Council mil) 11130, if it deell'l3 it lid. i3llllle, MtltH may hold a public hearing relative to the issuance . . 6r refu311l of any license under the provisions of this Section. The granting of on-sale and off-sale liquor licenses shall be discretionary with the council. No off-sale liquor license shall become effective until it, together with the bend proof of insurance furnished by the applicant, has been approved by the liquor control commissioner. Subd. 10 Subject to Law. Every license issued under the provisions of this Section shall be granted subject to the provisions of this Chapter and of any other applicable provision of this Code or ordinance of the City or State law. Subd. 11 Notice to State. The City Administrator shall, within ten (10) days after the issuance of any "on sale" license under this Section, submit to the liquor control commissioner the full name and address of each person granted a license, the trade name, 5 - 17 City of Arden Hills Chapter 5 Alcoholic Beverages the effective license date, and the date of expiration of the license. He or she shall also submit to the liquor control commissioner any change of address, transfer, cancellation or revocation of any "on sale" or "off sale" license by the Council during the license period. Subd. 12 Duration. All licenses issued under the provisions of this Section shall expire on the last day of December of each year. Each license shall be issued for a period of one year, but if a portion of the license year has elapsed when the application is made a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any expired fraction of a month shall be counted as one month. Subd. 13 Renewals. Applications for renewal of an existing license issued under the provisions of this Chapter shall be filed with the City Administrator on or before November fIrst of the year preceding the year which is the subject of the license. Subd. 14 Transfer. A. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. Application for transfer shall be made in writing to the City Administrator and shall be accompanied by certified check or money order payable to the City treasurer, in tho e amount fIxed from time to timeby'theCOlllicil as the transfer fee. The council ".- _ -- <' '_':., . ",o,,':""'~";. ...",.... .",,;',,~'.,_;':_',,_,..,_.,.,.,_".; ~ 5 - 18 '. J -. . I I . I I -- I I I I I I I -. I I" 1- ,- I I I I" I I . I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages shall make or cause to be made an investigation as it deems appropriate regarding the transferee or the proposed location. This provision shall also apply in the event of application by a corporate licensee for transfer of stock in the corporation, provided that no transfer fee shall be charged if the transfer is the first within the period of the license or the stock sought to be transferred does not constitute fifty (50) percent or more of the outstanding common stock of the corporation. It is hereby made the duty of the officers of any corporation holding such a license to notify the Council. of any proposed sale or transfer of any stock that restiltS'iii another person holding te,j} or rn~~~J>ltcent interest in the corporation. The transfer of any such stock without the knowledge and consent of the Council shall be deemed sufficient cause for revocation by the Council of any license granted to the corporation under the authority of this Subsection. In addition the corporate officers shall also notify the Council whenever any change is made in the officers of any such corporation, and failure to so notify the council shall likewise be sufficient cause for revocation of any liquor license granted to the corporation B. The: tran3fer ef Jtoek in fifty ee1'pofati6fl helding an 6ft 35.1, ey arr 3aIe. Iiqtl8f lit:eMe in thi3 City shall he aeenfC:8 li tfMl3fcr -uithin the metmiflg of thi3 SubJeeti61it Subd. 15 Display, The license issued under the provisions of this Section shall be posted in a conspicuous place on the licensed premises at all times. 5 - 19 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 16 Suspension and Revocation. The Council may either suspend for up to sixty (60) days,; or revoke any liquor license upon a fmding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 15.0418 to 15.0426. State law reference-Revocation, Minn. Stat. ~340A.415. 510.02 Responsibility of Licensee. Every licensee under the provisions of this Section shall be responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating liquors shall be deemed to be the act of the licensee as well and the licensee shall be liable for all penalties provided by this Section equally with the employee. 510.03 Hours of Sale. The hours of sale for licensed intoxicating liquor establishments are restricted as follows: Subd. IOn-sale Hours. No sale of intoxicating liquor may be made by an on-sale licensee: A. Between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. B. After 1:00 a.m. on Sunday unless the licensee has also been issued a Sunday on-sale liquor license. 5 - 20 .. ~ . . . I I I . I I I I I I I ~ I r I' ~ I I I I" I I -- I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages C. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25 unless December 24 is a Sunday and the licensee has also been issued a Sunday on-sale liquor license. Subd. 2 Sunday Sale Hours. A licensee which has been issued a Sunday on-sale liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the . sale of food between 10:00 a.m. on Sunday and 1 :00 a.m. on Monday. Subd. 3 Off-sale Hours. No sale of intoxicating liquor may be made by an off-sale licensee: A. On Sundays. B. Before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday. C. Before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday. D. On Thanksgiving Day. E. After 8:00 p.m. on Christmas Eve, December 24. F. On Christmas Day, December 25. State law reference-Similar provision, Minn. Stat. ~340A.504. 510.04 Hours of Consumption. No person, including the licensee and his or her agents and 5 - 21 City of Arden Hills Chapter 5 Alcoholic Beverages employees, shall consume intoxicating liquor on the licensed premises after the hour of 1: 15 a.m. 510.05 Hours of Operation. No person, other than the licensee and his or her agents and employees, shall remain on the licensed premises after the hour of 1:15 a.m.; provided, however, that with respect to any "on-sale" licensee, no intoxicating liquor shall be displayed by such licensee after 1:00 a.m., the hour after which the sale of intoxicating liquor is prohibited by Chapter and by Section 340A.504 of Minnesota Statutes. 510.06 Display During Prohibited Hours. No on-sale establishment shall display liquor to the publi~ during hours when the sale of liquor is prohibited. 510.07 Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on-sale" or a permit from the liquor control director under Minnesota Statutes, Section 340A.414 and no person shall consume liquor in any such place. 510.08 Minors. Subd. 1 Employment. ~le perJen under tht: age elf tHflty 6fie 3hall be empl6) ed in aft). . . It I . I'i' I'i' . . r It! mil " I" t luDfi13 ~onstItutm:g U e 15 .flee m " tle "l1ltaxleatmg lqtlef3 are sa at rt: en Ja e, e'Xe'll that per3ofi3 tlftael 21 61:1t at 1ea:n 18 years ef age IllilY he employed 8.3 ffit13i,ial1:3 at to perform tht: tltttie3 6f 3t1eh a3 ~en"iftg, eeilking, tllb1e bti33illg er di3ltWB.3hffig 3er'liee3 i:ft ._';A..' ',._.,._ ~,''''''_'';.._' , 5 - 22 .. I -- . . I I I I eI I I I I I I I ~ I r I' ~ I I I I I I -- I I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages place3 aermea either tl.L tfl1J Chftpk.r 61 in Chapter ~40/.. ef ~fi:IilleJ8bl StsftiOC3, 5.3 t.fie e6.Je fi.Lfi) he, !3li 1IreJffitilant," "hetel" ey-"matt:l" ~erviJl! feea in 166m3 in. \\~ieh iflt6xieating liqtl613 llr/: 8eld lit f/:tl!il "611 gale." ~9P~E~I?!U.111~~r.!p.ctag^e,of~L~p~ll enter a licensed liqllor establishIlie.llt H~x<:ept~~,p~r:@!!ed?,ptt~!:!.Nt~"Iore1!lpl()YJ;I1ent,pyrposes,.. the co1iSllmptionof meals, or' to"attend's6daTfuncti61iSmii1i'lireaseparated from the serVing ....'"..,,,,..,. ' .' ,._ .' u_..,,,....~,,..>'....,_,,_',_,.;,_,.''',_ ....~._..'.._".."',., ~,_,.;~~_~~..;..M"..':."".,"_.",.~~..;,'.,..",'"."........,__~, .. ....., -"_'" _'~_' ........ 9f..aJcohol. State law reference-Similar provisions, Minn. Stat. ~340A.503. Subd. 2 Procuring. No person shall give to, procure, or purchase liquor for any minor under the age of 21 or other person to whom the sale of intoxicating liquor is forbidden by law. State law reference-Similar provisions, Minn. Stat. ~340A.503. Subd. 3 Parental or Guardian Consent. No person under the age of21 shall consume any intoxicating liquor except in his or her parents' or guardians' home and with his or her parents' or guardians' consent. Subd. 4 Misrepresentation of Age. No minor shall misrepresent his or her age for the purpose of obtaining liquor or three and two-tenths (3.2) beer or malt liquor nor shall he or she enter any premises licensed under this chapter in order to procure such beverages, or to consume or purchase or attempt to purchase, or have another purchase for him or her, such beverages on the licensed premises. 5 - 23 City of Arden Hills Chapter 5 Alcoholic Beverages State law reference-Similar provisions, Minn. Stat. ~ 340A.503. 510.09 Delivery to Minors, Drunkards. No intoxicating liquor shall be sold, furnished or delivered for any purpose to any person who is a minor under the age of 21 or to any person obviously intoxicated or to any of the persons to whom sale is prohibited by state law. State law reference-Similar provisions, Minn. Stat. ~340A.502, 340A.503. 510.10 Gambling, Disorderly House. No licensee under this Section shall keep, possess, or operate or permit the keeping, possession, or operation of, on the licensed premises, or in any room adjoining the licensed premises, any slot machine, dice, or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used as a resort for prostitutes or other disorderly persons. State law reference-Similar provisions, Minn. Stat. ~340A.410. 510.11 Ownership of Equipment, Fixtures. No equipment or fIxture in any licensed place where intoxicating liquor is sold shall be owned in whole or in part by any rnanufacturer or distiller of intoxicating liquor. 510.12 Refilling, Tampering with Package. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any 5 - 24 '. ~ . . I I . I eI I I I I I I I ~ I r I" " 1 1 1 1 I I ~ I I I I I I I , I City of Arden Hills Chapter 5 Alcoholic Beverages original package so as to change its composition or alcoholic content while in the original package. Possession on the licensed premises by any licensee of any intoxicating liquor in the original package differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed, or tampered with. State law reference-Similar provisions, Minn. Stat. ~ 340A.508. 510.13 Ethyl alcohol, Neutral Spirits Prohibited. No licensee under this Section shall keep ethyl alcohol or neutral spirits on the premises or permit their use on the premises either alone or mixed with any other beverage. State law reference-Poisonous liquors, Minn. Stat. ~340A.506. 510.14 Right of Entry for Inspection. Any peace officer, health officer, or any other properly designated officer or employee of the City or any official of the bureau of criminal apprehension shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. Section 520 - N6n Int6xicatiltg Liqtl6f Beer/Malt Beverages' ,u',._,.._ 520.01 Licenses. 'State law reference-Nonalcoholic beverages, Minn. Stat. Ch. 340b:. 5 - 25 City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 1 Required. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer or malt liquor within the City without first having received a license as provided in this Section. Subd. 2 Classification. Licenses required by this Section shall be of three (3) classifications: on-sale, temporary on-sale, and off-sale. A. Regular "on-sale" licenses shall be granted only to bona fide clubs, beer stores, exclusive on-sale liquor stores, restaurants and hotels where food is prepared and served for consumption on the premises. On-sale licenses shall permit the sale of beer or malt liquor for consumption on the premises only. B. Temporary on-sale licenses shall be granted only to bona fide clubs and charitable, religious and nonprofit organizations for the sale of beer or malt liquor for consumption on the premises only. C. Off-sale licenses shall permit the sale of beer or malt liquor at retail in the original package for consumption off the premises only. Subd. 3 Applications. Every application for a license to sell beer or malt liquor shall be made on a form supplied by the City and shall state the name of the applicant, his or her 5 - 26 ., J -- I I I I I I -- I I I I I I I -. I r 1- ~ I I I I" I I -- I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages age, representations as to his or her character with such references as may be required, hi! !ir her citizenship. whether the application is for on sale, or off sale, the business in connection with which the proposed license will operate and its location, whether applicant is owner and operator of the business, how long he or she has been in that business at that place, and such other information as the council may require from time to time. It shall be unlawful to make any false statement in an application. Applications shall be filed with the City Administrator. Subd. 4 Persons Ineligible. No license required by the provisions of this Section shall be granted to, held by, or renewed for any person who: A. Is under twenty-one (21) years of age, or who is otherwise barred from holdirig a license under State Law; B. Has, within five (5) years prior to the application for the license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer or malt liquor and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer license; C. Is a manufacturer of beer or malt liquor or is interested in the control of any 5 -27 City of Arden Hills Chapter 5 Alcoholic Beverages place where beer or malt liquor is manufactured; D. Is not of good moral character; E. Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; or F. Is not the proprietor of the establishment for which the license is issued. Subd. 5 Places Ineligible for License. A. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this Chapter, or of the state beer or malt liquor or liquor law, or where any license hereunder has been revoked for cause until sixty "(60) days has elapsed after the conviction or revocation. B. No initial license, as contrasted to a renewal license, shall be granted for any location within five hundred (500) feet of any school or any church. In the event that a renewal license is sought for a location which was not objectionable under this 5 - 28 '. I -. I I I I I I eI I I I I I I I ~ I r I- f' I I I ,. I I Ie , I I I I I I , I City of Arden Hills Chapter 5 Alcoholic Beverages provision at the time the initial license for the location was issued, the renewal license shall not be refused because of construction of schools or churches within five hundred (500) feet of the location after the initial license was issued. C. No license shall be issued for any premise owned by a person to whom no license could be issued. D. To whom, in the estimation of the City Council, based upon the results of the investigation performed under Section 340A.412 Subdivision 2 of Minnesota Statutes such issuance, transfer or renewal would not be in the public interest. State law reference-Persons eligible for license, Minn. Stat. 340A.402. Subd. 6 Fees. A. Generally. Each application for a license shall be accompanied by a receipt from the City treasurer for payment in full of the required fee for the license as from time to time established by Council Resolution. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. State law reference-Fees, Minn. SlfIt. ~.340A.408_ B. Refund. No part of the fee paid for any license issued under this Section shall 5 - 29 City of Arden Hills Chapter 5 Alcoholic Beverages be refunded except in the following instances upon application to the Council within sixty (60) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis with any partial month counting as a whole, when operation of the licensed business ceases not less than one month before expiration of the license because of: 1. Destruction or damage of the licensed premises by fire or other catastrophe to such an extent that the licensee ceases to carry on the licensed business; 2. The licensee's illness; 3. The licensee's death; 4. A change in the legal status of the municipality making it unlawful for the licensed business to continue. 5. In the event of application for refund for any of the foregoing reasons, which application shall be made within thirty (30) days after the happening of any such event, the Council may, at its discretion, refund a pro rata portion of the license fee. State law reference-Refund of fees, Minn. Stat. ~ 340A.408, Subd. 5. 5 - 30 '. ~ I . . I . I -- . I I I I I ~ I r r ~ 1 I I I. I I If I I I I I I ~ I City of Arden Hills Chapter 5 Alcoholic Beverages Subd. 7 Issuance. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing the City Council shall grant or refuse the application in its discretion. Subd. 8 Transfer. Each license issued under the provisions of this Subsection shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. Subd. 9 Subject to Law. Every license shall be granted subject to the provisions of this Chapter and of any other applicable provision of this Code or ordinance of the City or State law. Subd. 10 Display. All licensed premises shall have the license posted in a conspicuous place at aH times. Subd. 11 Duration, Proration. AHlicenses shaH expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shaH be counted as one month. 5 - 31 City of Arden Hills Chapter 5 Alcoholic Beverages State law reference-Similar provisions, Minn. Stat. ~340A.411. Subd. 12 Suspension and Revocation. The violation of any provision or condition of this Chapter by a beer licensee or his or her agent shall be grounds for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at the place shall be revoked without notice and without hearing. In all other cases, a license granted under this Subsection may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension.:Nllk: City had a note that appears 10 read "only 8 days". What is the purpose of the note? 520.02 Prohibited Interests. No manufacturer or wholesaler of beer or malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of 340A. No retail licensee and manufacturer or wholesaler of beer or malt liquor shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer or malt liquor and no the manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. 520.03 Federal Liquor Stamps. No licensee shall sell beer or malt liquor while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she 5 - 32 1 ~ I I I I I I eI I I I I I I 1 ~ I r I' ~ I 1 1 .. I I - I I I I I I ~ I City of Arden Hills is licensed under the laws of this State to sell intoxicating liquors. Chapter 5 Alcoholic Beverages 520.04 Responsibility of Licensee. Every licensee shall be responsible for the conduct of his or her place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer or malt liquor shall be deemed to be the act of the licensee as well and the licensee shall be liable for all penalties provided by this Section equally with the employee. 520.05 Closing Hours. No sale of beer or malt liquor shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon, and no sale thereof shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any other day. 520.06 Consumption in Public Restricted. No beer or malt liquor shall be consumed in any theater, recreation hall or center, dance hall, ball park or other place of public gathering used for . the purpose of entertainment, amusement or playing of games. 520.07 Sale Restricted. No beer or malt liquor shall be sold or served to any intoxicated person or any minor under the age of 21 years. 520.08 Misrepresentation of Age. No minor shall misrepresent his or her age for the purpose of obtaining beer or malt liquor. 5 - 33 City of Arden Hills Chapter 5 Alcoholic Beverages 520.09 Employment of Minors. No person under the age of twenty-one shall be employed in any rooms constituting the place in which beer or malt liquor is sold at retail "on-sale," except that persons under 21 but at least 18 years of age may be employed as musicians or to perform the duties of table bussing or dishwashing services in places dermed either in this Chapter or in Chapter 340A of Minnesota Statutes, as the case may be, as a "restaurant," "hotel" or "motel" serving food in rooms in which beer or malt liquor is sold at retail "on-sale." State law reference-Similar provisions, Minn. Stat. ~ 340A.503. 520.10 Procurement for Minors. No person other than the parent or legal guardian shall procure beer qr malt liquor for any minor. 520.11 Possession by Minors. No minor shall have beer or malt liquor in his et~~tpossession with the intent to consume it at a place other than the household of his or her parent or guardian. 520.12 Consumption by Minors. No minor shall be permitted to consume beer or malt liquor unless permitted by his or her parent or legal guardian in the parents' or guardians' home. 520.13 Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. 520.14 Gambling. No gambling or any gambling device shall be permitted on any premises 5 - 34 '. '1 -- I I I I I I eI I 1 I I I I I ~ I r r ". 1 1 1 r I I Ie 1 1 I 1 1 I 1 ~ I City of Arden Hills Chapter 5 Alcoholic Beverages licensed under the provisions of this Chapter. 520.15 Right of Entry. Any peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize aU illegal intoxicating liquors found on the licensed premises. 5 - 35 r I' f' I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses Chapter 6 Nuisances and Offenses' Section 600 - General 600.01 Nuisance Defined. For the purposes of this Chapter, the word "Nuisance" is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or permitting or maintaining any condition or thing to be or exist, which act, omission, condition or thing: A. ~1inoys, injures or endangers the comfort, repose, health, morals, peace ,or safety of ~._,,"-..:.. '.,- " ",., -'.., ~~,,,,-,- others; or B. Offends p~~!il: decency; or C. Is unreasonably offensive to the senses; or D. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage, pUlJic waterCC'oY'atk; or ,<",..,..A~,!Jl""""., E. In any way renders other persons insecure in safe,j:y, life, or ffim~cl&~l use of property; 'State law reference-Authority to prevent, abate nuisances, M.S. ~ 412.221(23). 6 - 1 City of Arden Hills Chapter 6 Nuisances and Offenses or F. L:l:lelttially Umeasoriably interferes with the comfortable enjoyment of life and property, ,..".. _""-""""'--~-'._,.. or tends to depreciate the value of the property of others. Nlltf.:. City asked how depreciation would be determined. Market value change would need to be determined. G. ,Is guilty of anyotheract6(61itissiorCdeClared'bylawor this Chapter or other code .. "... .. 0' ~ ," -.",', '~^'_"'" '_'~""'_"'''''''''_'''''''"'''''''''''k'M'''''~_'''"';'~'', ......"..;~.",.,.".,"'~,...,. ;~""_,,..,.~, ._.,,"~"', ,^,".-, .,.~ ,_, ',-, ,", .Co_' .,," .,.. .. .,"_,' .,._ .no.,' .. d,,'_ .. .. __.'_".' pro, vision,.'to be,ajJUblic:ntiisance. .. .. .. .. .. .', -.. ...-.',.... .. .,.~";~..,, ~.,_...''"'""'h,'''',,'.'''''_;'' State law reference-Public nuisances, M.S.A. ~ 609.74. 600.02 Bllistr lith (EntlfJ\mrtillft ~':I!sait.c~~tT~g 1!!:!Jlth. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, lim- iting or restrictive: A. Noxious weeds and/or objectionable or unsightly plant growth twelve (12) inches or greater in height. It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or for ten (10) feet outside the 6-2 I ~ I I I I I I -- I I I I I I ~ I r I' ~ 1 1 1 1 1 I Ie , 1 1 1 1 1 1 ~ 1 City of Arden Hills Chapter 6 ]';uisances and Offenses property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than twelve (12) inches on the average or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plant or plants detrimental to health to grow on any such lot or land in such a manner that any part of the ivy, ragweed or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow the seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place. No1e.: City expressed interest in moving the duty section to an enforcement area and leaving a with just the weeds over 12 inches, poison ivy, etc. This could help make the section easier to read. Please advise of fmal decision. 1. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of this Subsection; provided that cutting and removing the weeds, grass and vegetation at least once in every three (3) weeks, between May 15 and September 15, shall be deemed to be in compliance with this subsection. 2. If the provisions of this Subsection are not complied with, the weed inspector shall serve, e.itqe(irlpers()ri:~~.:1:>t~q, written notice upon the owner, lessee or occupant or any person having the care or control of any such lot or land to comply with the provisions of this Subsection. 6-3 City of Arden Hills Chapter 6 Nuisances and Offenses If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed the weeds, grass or other vegetation within five (5) days after receipt of the notice <Nilli:: City asked how receipt can be proven. An affidavit 0 f service or receipt from post office would be adequate.), or if no person can be found in the City who either is or claims to be the owner of the lot or land or who either represents or claims to represent the owner, the weed inspector shall cause such weeds, grass and other vegetation on the lot or land to be cut and removed and the actual cost of the cutting and removal, plus eight (8) percent for inspection and other additional costs in connection therewith, shall be certified to the county auditor and shall thereupon become and be assessed against the lot or land on which the weeds, grass and other vegetation were located and shall be added to and become part of the taxes next to be assessed and levied upon the lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same office and in the same manner as taxes. 3. Any person who shall neglect to cut and remove weeds, grass or other vegetation as directed in this Subsection or who shall fail, neglect or refuse to comply with the provisions of this Subsection or who shall resist or obstruct the weed inspector or his or her employees in the cutting and removal of weeds, grass and other vegetation shall, upon conviction thereof, be subject to a fme pipfis6hsente1ice;'orboth;'aspt6"ided15~ .."... ,-w .,-=;I,;,",,,,,,,,~,,,,",:..h,,,,....,_.....,;,,.~,~-~...,,_,,,.,_ .......'...',_ "o,,,,,C..'"'' ..".~," ',___ _..":........~,"','_ .c. Stall: law for ~ misde,rneariEr ef net k33 than h"eflt). five d6llaf~ ($25.00) 1I.6f IUllre than five IttIndred d61lar3 ($500.88); and each day on which the violation continues shall constitute a separate offense. Hmt: If this fme is handled administratively, and not 6-4 'I '1 -- I . . I . I till . I I I I I I -- I r I' ~ I I I I I I Ie I I I I I I I , I City of Arden Hills Chapter 6 Nuisances and Offenses " through misdemeanor prosecution, the jail sentence portion will need to be removed. B. Accumulation of manure, ti~~~branches, cut n:ees, grass clippings, tin cans,bottles, rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things. C. Any condition which provides a harborage for rats, mice, snakes and other vermin. D. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, and presents a more than ordinarily dangerous fIre hazard in the vicinity where it is located, or, along with its appurtenances, for a continuous period of t.ve (2) )e!lfJ ~eJIJ)ea~ has not been "completed," as that term is defined ~ _of this Code. Hmt: Cross reference to be added in final draft. E. AU unnecessary or unauthorized noises and annoying vibrations, including animal noises. F. All disagreeable or obnoxious odors and stenches, as weU as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. G. Any diseased animals running at large or the carcasses of animals or fowl not disposed of within a reasonable time after death. 6-5 City of Arden Hills Chapter 6 Nuisances and Offenses H. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances. I. Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained. J. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground, except for authorized stOrnlwater drainage 'ponds. ~,_':._",..,,' ~-"-_'... ,'-,. '_ _ .., c_ -, " :',,-__ _,',.' _ :"~""'~:_1_ K. Open burning in violation of State law, or dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities. L. Exposed accumulation of decayed or unwholesome feed or vegetable matter. M. Privy vaults and garbage cans which are not rodent free or fly-tight or which constitute a health hazard. 699.93 Prohibited. It shall be lllJ~a.;;ft!1 fur Ill!)' pCr361i t6 ea1l3e, l'el'ftl.it, maintaifl or 11116" the 'fe:ati8H BY mainte:nancc ef B. fttli3anet. 8tMe law reference Permitting pllblie lItIisllnee, M.S. g 609.745. 600;03\TNilisarice ,Effectin Safet.The mamtairiiif,iusirig;'/-lacmg;'TdepoSifjIigi\Uea;wg,,'3o:r :~'<-~",-"",."'~":_~:"':"""''-'--'""'''''''''''.,....''' ..:, ."-' "'-, g . -"., y ":-'-';." ~._'.' "-,,,^_,':",A~,,,,._:g..:,,,,,,,,...,,:><,.. """;It.~,,.;:_::.-_ .......d''',., "...,....,_":,:;,N..~~~"",",. ,^;;!.,.'dIW. 6-6 'I .. -- I I I I I I -- . . I I I I I -. I r I' " I I I I I 1 Ie 1 1 I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses ~rI11ittjn.gt9}.~O! JC:Illi\1P<i!1. 0(9!l.~~,P1;1.l]!iE~<?t:J?Ily,~te, P!.Q~!'tYg! llI).yof the, [()!ll?'Yjpg i~ms, sqI).d,jti2~;,,\5.(~sti(),~;'~~!L~nsti~!~.~P!ll>ijql!f!!s.31.!ce ~f(epfip.gpl.ll>!~c 'safe.ty,.pt2,,1d,ed that the @1()\ViI).g li~!:~I:1l\!I.~~tb~~,onsi~!red@}~Xfulll~tjy~()r ~~~I1isive listinli: A:'AIl snow. orice notremoved frofupublicsidewalkSwithintwenty-fou((24) hours after ,: _.;i;> ,...",. _: -..;,^,~".,. ...' ."'-, .'.. ,- ....".,-""'-",.. ',,".-",.",."', ,,_ "'_"~:"'"""'""'""~"'h'.."".",,, "';'-,""",'.,,,<' .......,.... """""''''__ -. .".-.,'." ,- .. , .... " .... -.. , the snow or iCehas'beeh'deposi@;. .. -. .". -, ,"~~ ,.~.,,,,":.,~.,'..,' ..." .. -,. '-. "'-'~'^,<., "'"",,.. .. ....._...~.;"'.,."', .,-,,',.' B ..Alltrees, . hedges ,billboards;QI' other'obstiuctions ,"within fifteen . (15)feet. of. a public.. .. ",...,- "'v ',,- ',_' ,_.... ," ".V... ',M".-' .. ,_n'.,' ,..-',,,.'".. .'U.O......,;_ ,...." :".-...' 'F", ',_.,. _...",' .,,_,__. ~c -,_.."C" ~-. -.,.....,..., - - ...~".- '" ........ .. -""",-. . ~.?~ ... . street o. r.... :i1..' ght -6f~way"\Vhich pI'eventS 'persons from hamg adeM view' of trafficapproachilig .. . . ..' ...., -,. .,...._.,~'" - ... --' ,"- '. .j. ~'. ,."..... . ",".-.' ". ;" ......-... .' -". -. ., ,"..-.., -" an mrersection frofucrosssg-i:~ttS~ C.'-A1l'limbs of rrees"wmch'ovethan"the stiifaeeof anY'liblic'stieet, sidewa1kS;Cof'alleyat .. .h . ..., ..,.w,.......g .,.. ........, ... ..P.,....".........,.w.. ...~....' ...... . a height of lesnhaneight(Sneet - ,,'~'.....-_. ,..".,,,,,,,,,,,,',,',-,, '--'.. .. ,,,.,",,",.,,,-.:-. _......,.....~,,,.,,~.,".-.."",....., D:"AUbuildinlis..arid stiucturi:s .whichhavebeeii dafuiigedb,Y"fire,def!iY; otqtheI'.tnearisto "",. ",,,,.,' ""-;;;,".,,",,,~,<..".."""~" . ."".n' "~".._.'." """.~~: "",~~',..,_""'.^"b...."""",';"'~,.IiI>-.,:'>W_""o"/,;';h',.;;,.."_.'L-"'_A'-''''.-.....". ,,' ''''''-''''~'''' .".~-:"..w.,_~.....,.,..,._.. .'. ,- ....-....~~,."."..~,"" '''-.. ".--, '.'.-- -'-.. ~..;r, '" stichanextentas to' endangeFiib1ic"safm'"3 """"_:;'-"'_"~''''''''''''____'N'''''_'''''~;'''-~'~.\..';'''':':'",';'';,;-", _""'.o..c.~_~,~,;.J;;; KThe piling,storilig,'orkeeili . ofoldfuachilieryreqiii fuent;.buildilig fuilteria1s~;"'Wrecked '-~""!'-"'__' ~,.' .... ," .',,,,,,"'0."._ "--'oJ:_" ....,..w,.-.P...~,.,g""",'""'.".d'"-:"...~-".''''~;,,:, .:..,........ .,J""".....- _" ~'P'-'''''''' _:"."".'..-::",..'.."',-"'--~" ' .,"'-,....."'-"'.............---......--" of'linked' vehiCles,'otothef'U1ikotliebrinX '. .tas'mayotherwisebegoveiiiedb"t!riscOde ,.,. ,,,,,), ,y;,Jf.-' :_-,~".'".',3,':", _,~"_'.A.,.~.~<,.,;n-l'ji,,\~,,_, . ,.~:.J.~J-i."~'\'; """;;.r_,,,"-,-,-,~'.:-,'''\r,$E.,_,>:'\,,;~,,,*'-c,,-<,__...,.l'';' .__ --......._...,...",~.,~":::...~=-"".,,, __ . ',' ..,.,.,~,..,<(,~,RX",,,,,,,,::"'A'" ":''"''~'.' pfotheI'.()rdi1illI).~; ""'_~"........,,,,,--:.W"'__';'" ___''''__M'.';''''...''''''' F:'.AIiyweof pro ',' ublic"Stieet"oisidewalk:WhiChci1uses'CtowdS ofp!:ople to gather ..,:.,'--__.. . .,",'."'.~'..____ ......" "" <~,:r:D'..:,P,."....-,._":","",",~.J.;,,,,,.;:L.::.'.......;:V,,,,;,~,","_,,,__~.,_...:>.q;;""';";'.".,,'.C.J-"'~._'"''',,''''''''''''m'''_'''''''''.'''__''.n''''' .,'.. c~",-", .,.",.,,,..-.... ..,,- ...".....",.,..., 6-7 City of Arden Hills Chapter 6 Nuisances and Offenses in such a way as to obstnict traffic and the free use of streets, sidewalks, or otherways. 'u',-..,_ ". ". ".'~" " " ,__ ".. . ....'.. .,.. ,-"__._.' ..,' :"'_ ,,_,,' ... .' :._,.....,.,...._,,_:.~._;<..(.,,~,.', .'_' , G.A11i:langetollS, unguarded machinery or equipment in any publicpIace,orsOsifuarea6r "':. .,0,,""'_"'_,. ". _'" ,",., _.'. ...,.... '." _ . .,.. ,,,_,..,,..,....,._.,'."",,__... ,.,,_... pperated on private prop~rty~sto endanger members of the public. ILMllking repairs to motor vehicles ,including tires, on apublicstreet or a!I~Y,~Jf~~Pt~~t e.m. ergency repairs shall be allowed if they do not unduly .jnterferewith traffic. . .".. .."..' . ~,.,...':,- ,,;', . .' . .,..;. _'_' ""''''..0''':'''''' '__.. _'_...;~,,,,.__.,"'._.O< I. Dead, diseased, or fallen trees or treebr~nches ~oneinoved within neas9~l:>I.<='@I:!<59 of time. 600.04 Enforcement. The provisions of this Section shall be enforcei:l bYJhel'~li@~:~~ji~~,~~.~!!! city's designated law enforcement provider, or such other officer, employee; or ageiifot..the"City ''''"~,,,_'''~H'_ '",',,'...n." ,',' ....c..._,._..,., ", "'_ ,",".._. .uO'....._".,."._,', '...........'...n._..",...-"'''..M....'.--.<_.'''--''''''''''''. .~,,""~~..~_ ~,tl1~.co~ricillllay designate. S,u,ch()[ficers, elllp}qyees,. gr~g~II~.s.I:1111IhP:~~J!!~J!9.~~j\(f~.R~ public and private premises maccordance with law" arid to take all riecessaryTprecaUtions]Ji)' ~'".,.-->.,. ',' .'-,....., _.k ',,- -, -,- -, '^' "_ ". .....,.... ',- '-.., ".,' "", _. ..", ....L.~c",. '.,' __~~_... .""e' ',.",,_' ,_,,', ',_' "', -,..,.. '_."K...__,..."~."c","""":~-~:"",,,,,'O~_",",,_~':,,:,M"."''''' EteI~nt~e,s.9!llJ11iss}2Ilq~ m!li1?t~Il~~eqf p~!>lic p'uj~!\i1s~~. Subd. 1 Notice to Abate. Whenever a nuisance is found to exist within the City or within the City's extraterritorial jurisdiction, the health officer or some other duly designated officer of the City shall give fi.~ (5) ten(10) days written notice to the owner or occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance. The notice to abate a nuisance issued under the provisions of this Chapter shall 6-8 1 I ~ I I . . I . " I I I I I I I ~ I I" I. ~ 1 I 1 , I I . I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses contain: A. An order to abate the nuisance or to request a hearing within a stated time which shall be reasonable under the circumstances. B. The location of the nuisance if the nuisance is stationary. C. A description of what constitutes the nuisance. D. A statement of acts necessary to abate the nuisance. E. A statement that if the nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the City will abate the nuisance and assess the cost of the abatement against the person. Subd. 2 Manner of Service. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law. Hmt: If city wishes to specify personal or mailed notice in 600.01, consistency should be used. This section would be adequate and 600.01 could be changed. 600.05 Abatement by City. Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Chapter, to abate the nuisance or to request a 6-9 City of Arden Hills Chapter 6 Nuisances and Offenses hearing, the health officer or other duly designated officer of the City shall proceed to abate the nuisance and shall prepare a statement of costs incurred in the abatement thereof. 600.06 City's Costs, Declared Lien. Any and all costs incurred by the City in the abatement of a nuisance under the provisions of this Chapter shall constitute a lien against the property upon which the nuisance existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfied. ~: City provided an alternative abatement process that appears rather complex and may not address all situations. Attached is a copy of an alternative plan from the City of St. Peter. We should discuss this issue further to determine exactly what the city is looking for. Section 610. Abandoned Property' 610.01 Disposal Generally. All property, other than motor vehicles, lawfully coming into the possession of the City shall be disposed of as provided in this Section. 610.02 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If City facilities for storage are unavailable or inadequate, the department may ar- range for storage at privately owned facilities. 'State law reference-Disposal of unclaimed property, M.S. ~ 471.195. 6" 10 ;1 '1 -- I I I I I I -- I I I I I I I -. I City of St. Peter Chapter 10 Offenses and Nuisances Nuisances Se\:lree: OrcliAElfIee 1'16. 212, 2R8 Serie~ Effecave Dale: 6 06 91 1070.08 DUTIES OF CITY OFFICERS. The City Administrator or his atWh1ii ::~~';'t.:;:;;;'::::: designated department head or official shall enforce the provisions of this Seetiefl. ~mmtiUt .........."-.........,*x~"l0 The Police Department shall enforce provisions relating to nuisances as appropriate and shall assist the other designated officers in enforcement of provisions of this SeetioR. !m1ifttli Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. 1070.09 ABATEMENT. Subd. 1. Notice of Violation. Whenever the officer charged with enforcement determines that a p\:lslie nuisance is being maintained or exists on premises in the City, the officer shall notify, in writing, the owner or occupant of the premises of such fact and order that 5tIeh-!Rg nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated. Subd. 2. Notice of Hearing. If the notice is not complied with within the time specified, the enforcing officer shall report that fact f-ortft'l'/itll to the City Administrator. 10-65 "I 'I -. I I I I I I II I I I I I I ~ I r ,. ~ I I I I I I -- I I I I I I I ~ I City or St. Peter Chapter 10 Offenses and Nuisances Nuisances Thereafter the Administrator may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the City. The notice shall be served in the . same manner as notice by the enforcing officer is served and shall be given at least ten days before the date stated in the notice when the City will consider the matter. If notice is given by posting, at least 30 days shall elapse between the date of posting and hearing. B. If the Iletiee i3 lIet eefflfllied ...;itll wifuill the riffle Jj3eeifieEl, tile ellforeillg efHeer shaH reJ3eft that fact ferthwith to the City AElfflillistrater. Thereafter tile City ffill)' j3l1rslIe the legal. reffledies j3rovicled by s19JlIte ill aeeefElllRee with this Seetiell. ~!!i!!~~I:~lil1T.@ril\iltB$HIl1'!ri~1~ii~~J!ml.~ltliltlll~~it~mtiUltl~1! li!gJii!!!ti~fnliiXffsitiCimiiJl.1ibI~iqplll~Jjfl\mH!iitq!i!ltful~Ujl!&w.B~JiI [~Ditummit~j~~.'&~iFij!WlmJ!91fMmitEJ:lJm- 's"."'m"~""~<<'"~'''N''"u=~-ttm'w =~r-=m"-"^-~'=-'.,m;t-'=~"'-=~Im1'!&' B' ~~ .. ," .M"'''.'. '0'" ,....,.,.., . '. "'f ..,...... ..,....~.,w.,'."w.. ..,.~..'. ,',' ,..,..,,~w.,'."'.w,., ',,,," '..',' """ ' .. ' ~!t~;lK~~~L:y.::*~;~~t~~~HJl~~;JLy9mL!ffiIel!~~.mrit~~~~;.J.:~ll\@.Mt~w& ; ~;(~ {.:...3D!t.~:,~4:'W. , . ~jlimltW~e:.~tDfQt~t~~n1lfllI11Iim!t4J)l~iSi[(~PJ~1{iti~l~.B 1't:'li1ZmBllilaullFSUhstro1"tlID~Y n'~;i, ":, ',,, :.\f::t>-...>:-..;.w........~"'"'~.. '. ;:-. ..~,..,.. ...:';..,,<:...............,'>~..~N.... .=w.....';;,,:,....<:,,'..v...............,... '.' .w....., . ........"""">'.r...W.....>w "".......",'^""...,...,--.-..., "" ....w.w............'c..?"............"" ... . ~......,.,.;,; !iitiJj~~1!lifi!1iSi.l.g~iIE#!Thtif!Dli1J1~it.tl_.. !1iWWe\iaelaq:;r.nl1aQ>f.i,%'i~n~fi>7fll.'.E1"&'!P.;;prQ'''''m=+nrcle*ilre1fll"'W;:);j'e'%"ril!trilrEi1rerrr5il'~_ ~~;;;;;v:';-X"::-.--:1.1l~v.;~t:"tMf. .;,;;.,:!:t.~~:<<~.f::>>:.~J~~;.>>~~~.:t~.... ":y'<'" .~-:-x::~.~. .... [_w.l.q9lt~;;a6;:;;1~JI!j~S.p'O'Is.[jllm~]l~"'i~WJraltq;UfC'~Jj~. Blfi~!lem~J~k'~tIBqJJRI~!~r$~@~D!\f~.~'l~~9Wm!rmeE.ai1- ~tQi~'B$mm~iemfimmm~ili~1~1&&m9ltliJ!jM!_~~l:qmfs~1\1IliTlljl,~ 10-66 City of St. Peter Chapter 10 Offenses and Nuisances Nuisances jJo.Af ;- s!1!&Sg;i}i!1l~r2E~m$I1E_,BSt~!!!!!lll!l!!lpYR~$ipMi~Elsii~12iii~1~~:!m~nfjn!l gJ11li![ifJJ!~~jlilElilJ!i$;1*!~1~$tt&!tl:je~&Yil;lEl;~tl~I~JEEJJjl:Bfjl!n~J.lln'9't~$~&w,!!jiffigt~:J:2n~. ;STh[l~fj~PHPl1E~~!1~jll~t~1Itf~~jiJ~)I!ri~*~mm~~iif9t9~isnti12!!il:tit~Jlm~~m9:qr~1a1~ljj1l1i lfigJj~SHn!it~1:g~ill9iiS!:11~gEttmlit!ID[~]1Jf:2t.l[gr51mmlsl~Qi~JB~]~nHt~Bst~i1D.l12wJ!I~i~j~i~ Ifj!~nl1gul~gi]~i!~vi\iIm:I~r.gf$Sm~n!ill~!t~~j~m~r.4\!1~E~!8~j;RB11~fu~~MuB1frmiS\lm9 2gn~fH~Fi]niir9Rf]:pgg19~~rnmmi~nr9fB~ffi~tJ.!1fE[~iRi*IJ1[~~Jlis~t~Emr~sil!!1m.~~;9.!J.gm :tfi~;~Rgngin~g~!lg~iYEmilfl!s!fsYl~m~~i~t9~1~!mi~gs~t~Th~~]~~m9i~S!~tllmiflRYI1m :fil1}nillt~~*IE~_gly!!m~~gn!B1M~[~U9ligsi!!l:~1~~@1~liml,Ri~iSQ'~[m!rm~rl f,qm~t~l~t1~!imgg~!tml\f&{llg!1~Iijl~ssnB:ftl~q;;glili~t~'mL~E[~@1i21!;ljrl!!Elm~Jiill&l1~rjlWi :~EE~~fRHi~E~t~mlli~;m!l:~jll~~l;1t.lmt!!;.[9!t4R!~~j[~1tt~i;g~rmDi2!fif2!*~!mjIG~~1 ;tf1!~~nn~tm1REfJjR~~m7;119MnE!flml~!!~niMlm:iiitnfg~tGsmsF1IMJrtq!11J~Q~1uR._ b"'"1:l",,"*",*:T~'!Z:'ll"j,.."""~.a,,"'f'M'*'.WN""'*"''i:...=it,->>V'~VuS''''~'''''''''''''*''oJrl;!~r'F-''''''iNYI'<''~'''''''''.'''''l'''~i<"" R~Mll;~tqfft\Mmt~1Intf.j~.;t~~SRf~~~1~ps.mtt*11Bt~~~x~qn~~~::~iL:~~::2~M!~HJ.~~llllt~~!h~i~ m!It~1\lit~sM)1!Bl1~limll'IBI~~iit9.:ml1ii!St{{&~jlmtilglinl$9a91YootwIr~_ :in11mm~[mfti1Ir.lig}lJl1liilil'Kt1t29:i~i:~~1Xl 1070.10 RECOVERY OF COST. Subd.1. Personal Liability. The owner of premises, on which a nuisance has been f.:. 't' "'... ~.. .; 7' abated by the City shall be personally liabltfor the cost u the E:ity of the abatement, including administrative costs. As soon as the work has been completed and the cost 1 .' f ,//~f'_ determined, the Eity-Elerk- or other official designated shall prepare a bill for the cost and mail it to the owner. Therel:lpefi The amount shall be immediately due and payable at the 10-67 'I I -. I I I I I I II I I I I I I ~ I r I' ft I I I I I I Ie I I I I I I I ~ I City or St. Peter Chapter 10 Offenses and Nuisances Violations '" I. , I.' "" -1\ ,.(.\ I -, I." office of the GHy-om. Subd. 2. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private propertf or outside the traveled portions of streets, or unsound or insect-infected trees, the Clerk shall, on or before September I next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such propertf under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten (10), as the Council may determine in each case. SubEl. 8. Uttlswful ....et. It is" l:Ifllawful fer ElRY persefl ta lEfiawingly clitise or ereate Ii ftl:liStl:llee, Br permit ElRY ftl:lisanee ta be er~ea Bf plaeea lIpBft 8f tB rema:i.ft lIJl88 any premises BY/8ea Bf 8eellpiea by kim. SBl:Iree: OreiftElRce Nt!. 124, 286 Series EffeetY/e Date: 8 1 87 SECTION 1080 - VIOLATIONS 1080.01 VIOLATION A MISDEMEANOR. Every person ~!!lIviolates a section, 10-68 r I. ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses 610.03 Claim by Owner. The owner of property coming into the possession of the City may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. 610.04 Sale. If the property remains unclaimed in the possession of the City for sixty (60) days, the property shall be sold to the highest bidder at a public auction conducted by the duef ef fleliee designated law enforcement provider of the City after two (2) weeks' published notice in the legal . -..".. >,..' .' "" . newspaper of the City setting forth the time and place of the sale and the property to be sold. 610.05 Disposition of Proceeds. The proceeds of the sale of abandoned property shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six (6) months of the sale, he or she shall be paid the proceeds of the sale of his or her property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. Section 620. Abandoned Vehicles' 620.01 Impoundment. The City's ~esig1lll:@!J!~J:m:oI~ID1.!1!pl2.Yi!11t peliee aepflrtment shall take into custody and impound any abandoned motor vehicle as defined by Minnesota Statutes, 'State law reference-Abandoned motor vehicles, M.S. Ch. 168B. 6 - 11 City of Arden Hills Chapter 6 Nuisances and Offenses Section 168B.02, Subdivision 2. 620.02 Notice. The peliee c1epllltfflellt City's designated law enforcement provider shall give notice of the taking of any motor vehicle under the provisions of this Section as provided by law. State law reference-Notice, M.S. ~ 168B.06. 620.03 Sale. If the owner or any lienholder of a mOlOr vehicle impounded under the provisions of this Section does not reclaim the vehicle within the period provided by law, the abandoned motor vehicle shall be sold to the highest bidder at public auction or sale conducted by the City's desighatedlaw:enforce1i1eht pro\'ider c:hief ef flelief following two (2) weeks' published notice ,".' .... .,.._..:._.,.... 'c,_, .,',,,.,-,_e. "'__'" . setting forth the time and the place of the sale and describing the vehicle. 629.94 StifItlII.lII'Y Action. 'Nhell. 1111. 1I6all.c1ell.e6 met6f te1tiek i3 mere thall. sum (7) mead) C:llrs ef age, is laeking vital eemp61l<:llt flarts, and 6<l<:S !let display II lieeftse plate etlrre!lHy vlllicl ift ~{iruJ(;3eta 6r B.ay ether 3tftte er fereign e5tllltry, it 3fta11 irnm~aia.tel) be e1igibk fur ~B.k find 3ftaU net be mbjeet 16 the fietifieatiefl, redfimatiea, BY title pro y hien;} fir ~IinneJottl. StB.tl::1t~3 Seeti6I13 16813.011616813.101. Nlrn:: This section is no longer allowed by State law. 620.04 Disposition of Proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the City. 620.05 Reimbursement of Owner. If the former owner or entitled lienholder makes application ~.....- 6 - 12 ., -. -- . . . . . . eI . I I I I I I -. I City of Big Lake Chapter 2 Operations and Administration Section 280 - Abandoned Property Section 280 - Abandoned Property 280.01 Abandoned Motor Vehicles. Subd. 1 Impoundment and Sale. The City police department shaH take into custody and impound any abandoned or unauthorized motor vehicle as defmed by Minn. Stat. ~ 168B.OZ. It shaH give notice of the taking as provided by law and if the owner or any lieriholder does not reclaim the vehicle within the period provided by law. it shall provide for the sale of the vehicle to the highest bidder at public auction or sale foHowing two weeks' published notice. Subd. 2 Disposition of Proceeds. The proceeds of the sale of an abandoned or unauthorized motor vehicle shaH be placed in the general fund of the City. If the former owner or entitled lieriholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling. 280.02 Other Abandoned Property. Subd. 1 Procedure. AH other property lawfully coming into the possession of the City shall be disposed of as provided in this Section. Subd. 2 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If City facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities. Subd.3 Claim by Owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. Subd. 4 Sale. If the property remains unclaimed in the possession of the City for 60 days, the property shaH be sold to the highest bidder at a public auction conducted by the chief of police of the City after two weeks' published notice setting forth the time and place of the sale and the property to be sold. Subd. 5 Disposition of Proceeds. The proceeds of the sale shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. 2 - 21 'I ~ I I I I I I . I I I I I I ~ I I" 1- ft I I I I I I Ie 1 1 I I I I I '" I City of Greenfield Chapter 2 Operations and Administration H. New business. G. Reports of City Officers. H. Communications and Miscellaneous business. In the absence of a Clerk-Administrator, the President shall appoint a Clerk-Administrator Pro Tern. The proceedings of the meeting shall be conducted in accordance with the parliamentary rules contained in Robert's Rules of Order, unless otherwise provided by statute or by these rules. Section 210 - Mayor and Councilmembers 210.01 Mayor. From and after the passage of this Code, and until otherwise changed pursuant to the law, the salary of the Mayor of the City of Greenfield shall be in the sum of$IOO.OO per month. 210.02 Councilmembers. From and after the passage of this Code, and until otherwise changed pursuant to law, the salaries of the Council of the City of Greenfield shall be in the sum of$50.00 per month. 210.03 Terms of Office. Each councilmember shall serve for a term of four years and until his or her successor qualifies for office. The mayor shall serve for a term of two years and until his or her successor qualifies for office. 210.04 Elections. Elections shall be held on the first Tuesday following the first Monday of November in each even-numbered year. Two councilmembers shall be elected at each election. Section 220 - Boards and Commissions 220.01 Planning Commission. The City shall maintain a planning commission as provided for in Chapter 10, "Zoning", of this Code. 220.02 Other. The City may establish such other advisory boards and commissions and it determines necessary to conduct the business of the City. Section 230 - Abandoned Property 230.01 Motor Vehicles. Subd. 1 Impoundment and Sale. The City shall take into custody and impound any junked, abandoned, or unauthorized motor vehicle as defmed by Minn. Stat. ~ 168B.Oll and as regulated by Sections 620 and 630 of this Code. It shall give notice of the taking as 2-2 City of Greenfield Chapter 2 Operations and Administration provided by law and if the owner or any lienholder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at auction or sale following two weeks' published notice. Subd. 2 Disposition of Proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the City and treated as required by State law.. If the former owner or entitled lienholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling. 230.02 Other Abandoned Property. Subd. 1 Procedure. All other property lawfully coming into the possession of the City shall be disposed of as provided in this Section. Subd. 2 Storage. The department of the City acquiring possession of the property shall arrange for its storage. If city facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities. Subd.3 Claim by Owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the City any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. Subd. 4 Sale. If the property remains unclaimed in the possession of the City for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the City after two weeks published notice setting forth the time and place of the sale and the property to be sold. Subd. 5 Disposition of Proceeds. The proceeds of the sale shall be placed in the general fund of the City. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale. 2-3 .., -I -- 1 I I I I I - I I I I I I I -. I City of Arden Hills Chapter 6 Nuisances and Offenses and furnishes satisfactory proof of ownership or lien interest within ninety (90) days of the sale, he or she shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice and publication costs incurred in its handling. Hmt: Minn. Stat. 1688.02 now differentiates between abandoned vehicles, junk vehicles, and unauthorized vehicles. Does the City wish to expand the above section to include all of these types of potential nuisances? A sample ordinance is attached Section 630 - Offenses' 630.01 Adoption of State Law. The various criminal offenses and misdemeanors enacted by the State of Minnesota, to the extent that the same may be adopted and enforced by the City, are hereby adopted by reference by the City and made a part of this Code as if set out here in full. 630.02 - Curfew. Subd. 1 Imposed. It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public and other unsupervised places and buildings or places of entertainment and amusement in the City between the hours of 10:00 p.m. and 'State law references-Criminal code of M.S. Ch. 609; crimes, other provisions, M.S. Ch. 624. 6 - 13 . .. I ~ I I I I I I . I I I I I I I ~ I I" I- f' I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses 5:00 a.m. the following day. It shall be unlawful for any minor who is sixteen (16) or seventeen (17) years of age to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public places and buildings, places of entertainment and amusement, or vacant lots, and other unsupervised places in the City, between the hours of 12:00 midnight and 5:00 a.m. the following morning. Subd. 2 Exceptions. The provisions of this Section shall not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or to a minor who is upon an emergency errand, upon other legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of the minor in the place or places is connected with and required by some legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor, or where the presence of the minor in the place or places is connected with and required by some legitimate business, trade, profession or occupation in which the minor is pennitted by law to be engaged'oidirecttiave1 t6orfrorii .. ,.' ,'_'" .. d.....~'"._ ,"_.. ," ,,'- _'_ ".,.', sllch bllsigess ,The provi~ions pf@~;.~.!Ql,!~I.2if~~.~~.!1!1.~!?11.2LlIPp1y,Iominors}~Ilgaged in interstate travel; attendmg ordirectlytravt:Iilig'tQ6.nrOrii6f!iCialSch601,religiotisior other .... .__ .' _.. "". .. _"'_"-'".r_.'...",.___,;;.~,...~........~,_;.,._~-~-,;",';h:..~.~~,'.^'U"~,-",.",,,,_,,,_...",~,,,.o,,' .. ",. ..,..,y...;'_...,'...,',..'.,.,.,....,... recreational activity supetv. ised bylidtilts3ridsponSofedbYli)chool;church, religiotisgroup, "', .. .. .,_._.".:,......"""-!o;..:...~,... :.;""'<".'m_"~""'''''';''_'"",-_"_',, ,-_'.,,' __ "'__ n_._', ", -. ,. .. the City,. a civic organization,.ora&l:lW~IZ~.!@Li!fI~E!iJ.y.;.~~pi:si~iifgJi1',stAn]I:!1gJ!i~l:l.tiigqt!l} located.o,nthe . sidewalkabutting.l:JisN'"~r.:PM.~~!:g.t:@*!~lf(r~s}dej1Ce;6t*!>J!1:!ing.tEe. residence of a next door neighbor iftl1~:,ift;Jg~].?,2t~j1<?t.c9I1ipl~iI:1~ti to. the City:s.designate(i law enforcement provider about the..miI1gi's:PE~s~~i,orYfp.q~~n marriedqr()therwise 6 - 14 City of Arden Hills Chapter 6 Nuisances and Offenses legaJiY.emanc:ipated. Nok: These additional exceptions have been added as a result of court 1<r;;;.; "^w."".;;,,~.........c..,,,.<...~"-. ,'____ _....~ cases over the past few years. Subd. 3 Duties of Parents. It shall be unlawful for the parent, guardian or other adult having charge of a minor under the age of eighteen (18) years to permit the minor to loiter, idle, wander, stroll, play or otherwise be in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, places and public buildings, places of entertainment and amusement, vacant lots and other unsupervised places in the City during the hours prohibited by this Subsection except as provided for in Subdivision 2. Subd. 4 Minors in Amusement Places. No person operating or in charge of any place of amusement, entertainment or refreshment shall permit any minor under the age of eighteen (18) years to remain in such place during the hours prohibited by this Subsection; provided however, that the provisions of this Subsection shall not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor. 630.03 Weapons. Subd. 1 Deadly Weapons Defined. The term "deadly weapons" as used in this Chapter shall include, piitiidtbelirnited to, the following: ..,.:."'-",,,,',........". ...C' ',_',,'," A. All J\.nypistOI or frreanm; 6 - 15 'I 'I -. I I I I I I -- I I I I I I I -- I 1'" I' ,. I I 1 I I I Ie I , I I I I I " I City of Arden Hills Chapter 6 Nuisances and Offenses B. Bows and arrows when the arrows are pointed or tipped; C. All instruments used to expel at high velocity any pellets of any kind, including, but not limited to, BB guns and air rifles; D. Sling shots; E. Metftl Cross knuckles orknuckles'6f'1eali;'brasspo(6thef)l1etal; and ,_,' """,.^'.,'.'- .,,~.. ,.,"';.,.'""_~.'^.. ,~"'"""~ _.";,.,,..,', .,__,_.=,.', __,_, ..,~. ....".".., ,,___~.~.....,,_.A.,. ...... F. Switchblade knives, being knives with retractable blades. Subd. 2 Prohibited Generally. Except as herein specifically authorized, the discharging or use of deadly weapons within the City is hereby prohibited. Subd. 3 Aiming Prohibited. The aiming of any deadly weapon, whether loaded or not, at or towards any human being, is hereby prohibited. Subd. 4 Furnishing to Minors. The selling, giving, loaning, or furnishing in any way of any deadly weapon to a minor without the written consent of his or her parents or guardian is hereby prohibited. Subd. 5 Use by Minor.. No minor under the age of fourteen (14) years shall handle or have 6 - 16 City of Arden Hills Chapter 6 Nuisances and Offenses in his or her possession or under his or her control any deadly weapon, except while accompanied by or under the immediate charge of his or her parent or guardian. Subd. 6 Carrying Concealed. The possession by any persons other than a public officer of any deadly weapon concealed on his or her person is hereby prohibited. Subd. 7 Discharge Restricted. The fIring of a gun or use of other deadly weapon in the lawful defense of the person, property or family of the user of the weapon is excepted from the prohibitions set forth in this Chapter and similarly, the firing of a gun or use of other deadly weapons in the necessary enforcement of the law, whether by a p6Hee lllw enforcement officer or a private individual, is also excepted from the prohibitions contained ., .....-". in this Subsection. Subd. 8 Permits. The City Council may promulgate regulations for the suitable protection of persons and property and, subject to the regulations, the Council may issue special permits to duly-organized clubs and their members for shooting or the use of air rifles or bow and arrows on lands owned or leased by the clubs. The permits shall be issued by the City Administrator upon direction of the Council, shall be in writing, and shall be valid only when in the possession of the person to whom issued. 630.04 Garbage and Trash' Nll1t: City indicated city may be changing this Section. 'State law reference-Sewage and rubbish disposal, M.S. Ch. 443, Ch. USA. 6 - 17 'I .. -- I I I . I I . I I I I I I I -. I I: I- ~ I I I I I I . I , 1 1 I I I ~ I - . City of Arden Hills Chapter 6 Nuisances and Offenses Subd. 1 Purpose. The City Council fmds, determines and declares that it is necessary and conducive for the protection of the public health, safety and welfare of the people of the City to provide regulations for the dumping and disposal of garbage, refuse and other trash within the City. The purpose of this Subsection is to regulate and control the dumping and disposal of garbage and refuse in the City, to the end that the public health, safety and welfare of the people of the City will be protected and enhanced and to prevent and prohibit the indiscriminate and uncontrolled use of property for dumping purposes in violation of zoning and health regulations and recognized public health standards; to prevent and prohibit open dumping on land in the City and to require that disposal and dumping of garbage and refuse be authorized only pursuant to permits granted under this Subsection. Subd. 2 Defmitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: A. Garbage. "Garbage" shall mean all animal and vegetable waste and all putrescible matter. B.'d!'.Collector;'i"~.Colleclor~rsh1ill;melin'.any"pers6nFfum,"corp6rati6ii/;'pfbusiness :.,.' "_',,__;., '.."._," .-,'_ ." _ _,,,~_~,, ','~'';_'._''''''''d''"_'_,'''''~i;,.h..,;..,"-,."",-,..","""";;'''',.,,,,,,",,,.,,,,_.',,_ <_'_., .~".,""...""~.'''''~,., -'""'''__.' .,_,_' _,.,;.". _'. . ,.),~, -<0',6. .,,' ,-,,,,-.+., "'~":'_' '. .'.-"'_' licensed tocdllectrefuSeTaiio:Ol.her:wastefrofiffes!deiitilil or ii(jn-resiaentilil:preIllises, ,..,.,....,.....:....,,>";"'_~..',~_.,... - .....".;.,~._."".....;::...'"...'....":.-:-.:""'";.~""""".,,""~..""'~d":,-.!."".""..""'''''''-'''-"'''M.....,......'"\'"'''.-.'-C'''-,~_~_".,...,-.''..''''''._.::z'~",.''','''..,,,'", .."':'.-_ ",,_"""-"_'_ or bOth. '-"i-.i.;..-_~..,.,. , l:;Hazardo1.is' Waste:.i(;~Hawd6tiSWaSte"2sha1lhaye.thedefinitioIipro\iideaby Minn. ., 'C'" J._ ,_ ,... ,", .c" -.'_ -"W .,".,~._...;,'..;.,1;j,;<.....,,~:'.>, ..H''''-<<'''<';c ",~....."""."--~"...,..~,.<:",~",-".....'...;,..":r;~."",,,,,,,;<....,,,,'~'''_'__'''' ..,,_"'-~ "',ct..;,'_,' '. _~" ,_*,,"''''_'_'_, _,,~ ''',',' "',, . _ .._ _, , '" 6 - 18 City of Arden Hills Chapter 6 Nuisances and Offenses Stat;'<'SetC116.06, asamendect, ....~""i...",''''''",'^~.;::,.."...;."~,,',,'''.~..',,.".,...''-.;..._"._.." .. .. """" .co.". D. Mixed Municipal Waste. "Mixed Municipal Waste" shall have the definition given it under M.S. USA. E. Private Dump. "Private Dump" shall mean all land or parcels of land on which nonputrescible refuse is accepted for deposit or permitted to be deposited regardless of whether a charge is made therefor. F. Refuse. "Refuse" shall mean all waste substances including garbage as well as combustible and noncombustible wastes. G. Sanitary LandfiH. "Sanitary Landfill" shall mean a type of operation in which refuse or other waste is deposited by plan on a specified portion of open land, is compacted by forces applied by mechanical equipment, and then is covered by a layer of earth, ashes or suitable material to a depth of at least two (2) feet. Subd. 3 Depositing Restricted. It shall be unlawful for any person to deposit or cause to be deposited any garbage, refuse, or other waste upon any vacant lot or other tract of land, whether platted or unplatted, or upon any ground appurtenant to any building in the City except in the manner provided by this Subsection. Subd. 4 Storage. Except as otherwise provided in this Subsection, all garbage and other 6 - 19 1 .. -. I I I I I I eI I I I I I I I ~ I r I ' " I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses refuse or waste shall be kept in rust-resistant, watertight, nonabsorbent and easily washable containers which are equipped with a bailor handles, and covered with close-fitting lids. Insofar as practicable, all garbage shall be drained of liquids and wrapped in paper 9! otherwise sealed ilia bag or othefcoiltainer. Containers shall have a capacity of not less than ''''''''''',''., '-- , " .."...'>....-. -""-'" .. .. -.." ..,...-'..:..,^"..,,',.....-,.,,""~,""_\.~,"-'.,....,."'''' ten (10) nor more than thirty (30) gallons and shall be provided in sufficient number to hold all garbage and other refuse accumulating between collections. Insofar as practicable, boxes,. papers, tree cuttings, and odd articles shall be crushed and placed outside of the containers in bundles not exceeding three (3) feet in length and fifty (50) pounds in weight. All containers shall be washed and treated with a disinfectant as often as necessary to prevent a nuisance. The containers shall be kept in an accessible location for collection and shall be kept in a location on the owner's premises that is as nonconspicuous as practicable from adjoining premises. Subd. 5 Collection. A. Collection Restricted. No person, except a collector duly licensed by the City, shall collect or in any manner interfere with garbage, refuse, or other mixed municipal waste placed in containers for collection or interfere in any manner with containers for garbage or refuse. B. Arrangement for Service. Each person having garbage, refuse, or other mixed waste for collection shall arrange for the collection thereof with a licensed collector and shall 6 - 20 City of Arden HiUs Chapter 6 Nuisances and Offenses pay the collector an amount not to exceed the collector's scheduled rates as approved by the Council. C. Frequency. Collection of garbage and other refuse shall be made at least once each week by a duly licensed collector. D. Vehicles. All garbage or other refuse shall be transported on the streets or alleys in the City only in vehicles with leakproof bodies of easily cleanable construction and completely covered with metal. Vehicles shall be so operated that contents do not spill or drip upon streets or alleys or otherwise create a nuisance. 630.05 Alarm Systems Subd. 1 Scope. This Subsection provides regulation for the use of fire, burglary, and safety alarms, establishes users' fees, and establishes a system of administration. Subd. 2 Purpose. The purpose of this Subsection is to protect the public safety services of the City from misuse of public safety alarms and to provide for the maximum possible service to public safety alarm users. Subd. 3 Definitions. 6 - 21 1 -. -. . . I I I I -- I I I I I I I -. I r I fit I I 1 I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses A. Alarm System. "Alarm System" shall mean an alarm installation designed to be used for the prevention or detection of burglary, robbery or fIre and located in a building, structure or facility. B. Alarm User. "Alarm User" shall mean the person, fInn, partnership, association, corporation, company or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained. C. False Alarm. "False Alarm" shall mean an alarm signal eliciting a response by per- sonnel of the public safety department when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, pet movement, alarm malfunction, improper installation or the in advertence of the owner or lessee of an alarm system or of his/her employees or agents. False alarms shall not include alarms caused by ~~yt~!; climatic conditions such as tornadoes, thunderstorms, Ughtni1ig'~trik~~, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. D. Public Safety Department. "Public Safety Department" shall mean the Ramsey County Sheriff's Department. Subd. 4 Reports of False Alarms; Notice to Alarm User. The public safety department 6 - 22 City of Arden Hills Chapter 6 Nuisances and Offenses shall file a written report of each false alarm with the City Administrator. Upon receipt of the first false alarm report at an address, the clerk City Administrator shall, by certified mail, notify the alarm user of the provisions of this Chapter. Subd. 5 User Fees; Notice. An alarm user owning an alarm system which precipitates or reports more than three (3) false alarms to the City in a single calendar year shall be charged a user fee of fifty dollars ($50.00) per false alarm in excess of three (3) false alarms in a calendar year, and one hundred fifty dollars ($150.00) per false alarm in excess of fifteen (15) false alarms in a calendar year. Upon receipt of a fourth and all subsequent false alarm reports as to an alarm system, the City Administrator shall notify the alarm user by certified mail that the threshold number of false alarms has occurred and that the applicable user fee specified has become due and owing. ~: City indicated that it may establish a fee schedule which would be adopted by reference here rather than specifying actual dollar amounts. If a fee schedule is adopted, all fees throughout the Code should be moved to the schedule which would be adopted by reference throughout the code. Subd. 6 Appeals Process. Any alarm user who is required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the City Council within ten (10) days of the City's mailing of the notice of false alarm which shall have authority to make a fInal determination as to whether the appellant is to be charged with a false alarm. ~: City indicated that it was debating changing the appeals process. The appeal could be heard by either the council or the Administrator so long as due process is 6 - 23 1 I -.I . . I . . -' . . . . . I . -. . I' 1- ~ I I I I I I Ie I I I I I I I " I City of Arden Hills Chapter 6 Nuisances and Offenses provided to the person charged with the violation. Subd. 7 Payment of Fees. A. When and Where Due. Payment of user fees provided for under Subd. 5 shall be made to the City treasurer within thirty (30) days of the date of notice by the City to the alarm user. Failure to pay the fee within the thirty-day period shall cause the alarm user to be considered delinquent and subject to a penalty of a full tell (10) ~<iggg~~) percent of the fee due. B. Delinquencies. All delinquent charges for user fees shall be certified by the City, Administrator to the County for collection with taxes due against the property on which-' the alarm system is installed. This certification process shall take place on a yearly basis on October 10th of each year or by such earlier date as is necessary to have the delinquent charges collectible with taxes due and payable against the property in the next calendar year. Subd. 8 Alarm Report. When an alarm user has incurred five (5) false alarms or more within one calendar year, the alarm user shall submit a written report to the City Administrator within ten (10) days after being charged with the fifth false alarm, describing actions taken or to be taken to discover and eliminate the cause of the false alarms. Failure to submit the written report required by this Section will be, considered a violation of this 6 -24 City of Arden Hills Chapter 6 Nuisances and Offenses Subsection. ~: City indicated that this Subdivision is not currently being followed. Does city wish to remove it? Subd. 9 Administrative Rules. The City Administrator may promulgate such rules as may be necessary for the implementation and administration of this Subsection. Subd. 10 Confidentiality. A. All information submitted in compliance with this Subsection shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. B. Subject to requirements of confidentiality, the City Administrator may develop and maintain statistics for the purpose of on-going alarm systems evaluation. Subd. 11 Enforcement and Penalties. Failure or omission to comply with any Part of this Subsection shall be deemed a misdemeanor and may be so prosecuted. Upon conviction, a violation of this Subsection shall be punishable by a fme ef net lflefC than it. e htIndred dellan ($500.00), imprisonment fer a fleried n.et te exeeed mflt:t) (98) days, or both ~s rovided by'State law foY'ji'f1iisaemeanot. p_~~,_."",.,..,"",: ..._...'. _. .;;, . ".",.,_' "'_'C c. ,...."."".,.,':.~._~,'"<<"'"",,""'_,~"""-.._,.,,_,,;;.""'""'..."',"'"___ 6 - 25 '. '. -- I . . I I . - . . I . . . . '- I r 1- ft. I I I I I I . I 1 I 1 I I I ~ I City of Arden Hills Chapter 6 Nuisances and Offenses 630.06 Food and Food Handlers' Subd. 1 Compliance. No person shall operate any restaurant, cafe, public dining room or eating house unless it is at all times clean and sanitary, and all requirements of this Subsection and other applicable provisions of this Code and State law have been fulfilled. Subd. 2 Authority of Health Officer. If upon investigation of any restaurant, cafe, dining room or eating house, the ~i!y's.,de~sigIl!l~<! health officer finds violations of this Chapter or other applicable provision of this Code, he or she shall notify the owner, proprietor or manager in writing stating the condition to be corrected and stating a reasonable time [not less than forty-eight (48) hours] in which the correction shall be made. Failure to comply with the notice shall constitute a violation of this Subsection. Subd. 3 Physical Examination of Food Handlers. It shall be unlawful for any person to engage in the handling and/or sale of food or food products or allow any person to be so engaged if his or her condition is such that disease may be transmitted by him or her to others either directly or indirectly. Upon receipt of a complaint or whenever deemed necessary by the health officer, a special physical examination may be required of any person so engaged. 'State law references-Food law, M.S.A. Ch. 31; meat inspection, M.S.A. Ch. 31A; dairy products, M.S.A. Ch. 32. State law reference-Authority to regulate restaurants, M.S.A. ~ 412.221(30). 6 - 26 r- I" " I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks Section 700 - Lakes' 700.01 Purpose, Intent and Application. As authorized by Section 86B.201 Subdivision 2 of Minnesota Statutes, as now in effect and as hereafter amended, this Section is enacted for the purpose and with the intent to control and regulate the use of the waters of Lake Johanna (62-78), T. 30, R. 23, S. 33-34, Ramsey County, Minnesota, a body of water located entirely within the boundaries of the City, to promote its fullest use and enjoyment by the public in general and the citizens of the City in particular; to ensure safety for persons and property in connection with the use of the waters; to harmonize and integrate the varying uses of the waters; to fulfill a demand for the regulation of the waters as indicated by citizens of the City who responded to questionnaires circulated by the City as to the need for such regulations; and to promote the general health, safety and welfare of the citizens of this City. 700.02 Laws, Regulations-Adopted. The Minnesota Waters and Watercraft Safety Laws, Chapter 86B or the State Statutes, as they now exist and are hereafter amended, and the Boat and Water Safety Rules and Regulations promulgated by the State of Mimiesota Department of Natural Resources, as the same now exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three (3) copies of the Waters and Watercraft Safety Laws and Boat and Water Safety Rules and Regulations, so adopted, shall be marked as official copies and filed in the office of the City Administrator. 'State law reference-Waters and watercraft safety, M.S. Ch. 86B. 7 - 1 City of Arden Hills Chapter 7 Lakes, Trees, Parks 700.03 Violations. Any person violating the Minnesota Waters and Watercraft Safety Laws and the Boat and Water Safety Rules and Regulations promulgated by the Minnesota Department of Natural Resources, adopted and incorporated herein by reference, shall be subject to the penalties and punishment provided in this Section. 700.04 Enforcement. The appropriate officials as designated by the City Council shall be authorized and directed to make such arrangements with the county, including entering into a joint powers agreement therewith, if necessary, to insure the placement of buoys demarcating the restricted speed zones, the notification of the public of the existence of this Section and the enforcement of the provisions of this Section by the county sheriff's office. Notwithstanding anything herein to the contrary, officers of the City's ~~~ya~~Dm~€iif~I~l':5 pcliee dcpa..l>.u~ftt shall be authorized and entitled to enforce the provisions of this Section in conjunction with and in addition to officers and deputies of the county sheriff's office, whether or not the officers of the City's !.lm~e~~!:ll1'~,t~~ peliee aeJ'l8.,l>.ueftt are deputized by the county sheriff's office. 700.05 Surface Zoning Map. The boundaries of the various speed zones of the waters of Lake Johanna shall be designated on the map of the lake on me in the office of the City Administrator, which map is adopted and incorporated herein by reference and made a part of this Code as if set out here in full, and shall hereinafter be referred to as the "Surface Water Zoning Map of Lake Johanna. " 7-2 '1 -I -. I I I I I 1 . I I I I I I I ~ I r City of Arden Hills I- f' 700.06 Speed Zones. I I I I I I Ie I I I I I I I ~ I Chapter 7 Lakes, Trees, Parks Subd. 1 Establishment and Designation. There is hereby continued a restricted speed zone between the shoreline of Lake Johanna and a line approximately two hundred fifty (250) feet from the shoreline, which line shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users of Lake Johanna and clearly to demarcate the restricted speed zone. In addition to this restricted speed zone, there is hereby continued an additional restricted speed zone encompassing the shallow area approximately near the center of Lake Johanna, as delineated on the Surface Water Zoning Map, which additional restricted speed zone shall be clearly marked by the placement of buoys at such intervals as are necessary to inform watercraft users and clearly to demarcate the zone. Subd. 2 Maximum Speed in Restricted Speed Zo!1e. Within the restricted speed zones established hereby, no watercraft shall at any time be operated at a speed in excess of five (5) miles per hour. Hmt: City had a note regarding exact speed but the photocopy was not legible. Subd. 3 Open Zone. There is hereby continued an open speed zone on Lake Johanna encompassing all that portion of the surface thereof between and not included in the restricted speed zones created and established by this Section. Subd. 4 Restrictiqns and Speed Limits in Open Zone During Certain Hours. Within the 7-3 City of Arden Hills Chapter 7 Lakes, Trees, Parks open speed zone, between the hours of 11:00 a.m. and 3:00 p.m. and 7:00 p.m. and 7:00 a.m. on each and every day of the week, no motorboat shall be operated at a speed in excess of five miles per hour. At all other times during each and every day of the week, no boats shall be operated in the open zone at a speed in excess of 40 miles per hour. Subd. 5 Direction of Travel in Open Zone During Certain Times. Within the open zone, during the hours in which operating speeds of up to forty (40) miles per hour are permitted, all motorboats shall travel and be operated in a counterclockwise direction around Lake Johanna. 700.07 Nonsanctioned Racing Prohibited. Racing, that is the participation of two (2) or more operators of motorboats operating their motorboats in a competition of speed, shall be prohibited on the waters of Lake Johanna unless the same takes place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the county sheriff pursuant to Minnesota Statutes. Section 710 - Trees and Vegetation 710.01 Purpose. The planting of trees in areas of the City dedicated for public streets, which trees are sometimes referred to in this Section as boulevard trees, is a matter of public interest and it is the purpose of this Section to provide a procedure for permitting the planting under certain circumstances and subject to certain regulations as provided by this Section. 7-4 1 ~ I I I I I I . I I I I I I I ~ I r City of Arden Hills r " I I I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks 710.02 Minimum Size. Only trees which are at least one and one-half inches in diameter, measured one foot above the ground, shall be planted as boulevard trees within the City. 710.03 Permitted Varieties. Only the following types of trees shall be permitted under the provisions of this Section: White or green ash; hackberry; Norway, sugar or red maple; and linden. Under no circumstances shall permits be granted for cottonwood trees. 710.04 Minimum Area. Permits shall not be granted under the provisions of this Section unless there is at least seven (7) feet between the curbline and sidewalk line at the pertinent location, The curbline shall be determined by using the projected street width rather than the existing pavement location, and the sidewalk should be assumed even if it is not present or anticipated. In no event shall trees be permitted within three and one-half (3 1h ) feet of the projected curb. 710.05 Spacing. Trees shaH not be planted closer than fifty (50) feet center-to-center, with respect to trees which will not exceed forty (40) feet in height at maturity. With respect to trees which wi\1 exceed forty (40) feet in height at maturity, the required spacing shall be at least seventy-five (75) feet center-to-center. 710.06 Restoration Sod. The applicant for a permit required by the provisions of this Section shall be required to restore the sod to its original condition after planting. 710.07 Responsibility. The planter of boulevard trees shall assume responsibility for maintenance 7-5 City of Arden Hills Chapter 7 Lakes, Trees, Parks and care of the trees, and shall undertake to water the trees well during the first growing season !ff,Ajp:iSr:r,i~~E!~. Trees which do not survive the second growing season shall be removed by the planter at his or her expense. 710.08 Identifying Recommended Location. The Tree Inspector who inspects the site and recommends the granting of the permit required by this Section shall drive a stake marking the spot for the planting. 710.09 Prohibited Locations. Trees shall not be planted within twelve (12) feet of any fire hydrant, utility pole, or other fixture; nor shall they be planted over any public utility, such as a sewer or a waterline; nor shall they be planted within fifteen (15) feet of an intersection; nor in such a manner that on maturity they will interfere with the visibility of traffic signs or signals. 710.10 Permits. Subd. 1 Required. The planting of trees on property dedicated as a public street shall be prohibited in the City unless permits therefor are first obtained from mm the City Administrator Subd. 2 Application. Applications for a permit required by the provisions of this Section shall be made by the owner of the property abutting the proposed location of the tree or trees to be planted; and shall be on forms provided by the City Administrator ..mll;t~ 7-6 1 I ~ I I I I I I -- I I I I I I I .-. I r I' ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks !l-l'~~~~tm~~F.~. The applications shall contain: A. The name and address of the applicant; B. A sketch or other adequate information to indicate the proposed location of the tree or trees to be planted, which location shall be given with reference to the existing edge of the pavement, and the property line of the abutting property; C. The size and type of proposed tree; and D. The exact location of the tree or trees from some fixed object or point. Subd. 3 Fee. No charge or fee shall be imposed for a permit required by the provisions of this Section. Subd. 4 Inspection of Proposed Location. Upon receipt of an application for a permit required by this Section the City Administrator shall frrst determine whether the necessary information is given and shall then refer adequate applications to the City Forester for processing. The City Forester _~ shall determine by inspection of the proposed site and application of the standards given in this Section whether the permit should be granted and shall return the application to the City Administrator with recommendation for or against granting the permit. 7-7 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 5 Factors to Be Considered. In considering the applications for permits the City Forester, Board of Appeals, and Council shall consider the size and type of the proposed tree in relation to other boulevard trees in the City. In general one species of tree should not constitute more than one-half of the boulevard trees in the City, and in anyone block, including both sides of the street, there should be a minimum of two (2) species and a maximum of three (3) species of boulevard trees. In permitting varieties of species to be planted consideration should be given to the desirability that the species conform as to size upon maturity. To the greatest extent possible, planting should be permitted in units of one block at a time. :!"fuk: The City had notes on this subdivision that did not copy legibly. It appears that there is some question as to who currently considers these types of applications and who should, particularly concerning the involvement of the Board of Appeals. It appears that the Board of appeals refers to the Board of Appeals and Adjustments as provided in the zoning chapter. This Board would not need to be involved as this is not a zoning issue. The City can set forth its own process so the Park and Recreation Committee, or the Director of Parks and Recreation, etc. could be designated. Subd. 6 Issuance, Denial. If an application for a permit required by this Section and the proposed location are approved by the City Forester, the City Administrator shall issue the permit on forms provided for that purpose. If the application is disapproved, the City Administrator shall notify the applicant, in writing, of the denial and the reasons therefor. Subd 7 Appeal from Denial. The applicant for a permit required by the provisions of this 7-8 1 -I -- I I I I I I . I I I I I I I -. I r I' ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks Section may appeal any denial thereqf to the City Council by notifying the City Administrator, in writing, of his or her request within thirty (30) days after receipt of notice of the denial. The application shall then be referred to the board of appeals ( Note: See note for subd. 5), which shall consider the application at its next scheduled meeting and report its recommendation thereon to the Council. If the applicant includes in his or her request to the City Administrator, his or her desire for a hearing on the matter, the hearing shall be held before the board of appeals. After consideration of the recornnlendation of the board of appeals, the Council shall affirm or reverse the action of the City Administrator. Subd. 8 Liability for Maintenance. All permits granted under this Section shall provide that the granting of the permit places no obligation upon the City nor does it impose upon the City any requirement for maintenance of the trees. Any trees planted on a public street or other public property are placed thereon entirely at the risk of the planter and any trees so planted may be removed, trimmed, maintained, moved, or otherwise changed at any time by order of the Council. In the event that removal of the trees or maintenance of the trees is considered necessary by the Council and is done at City expense the cost thereof may be assessed against the property owner or the abutting property owner. All trees planted under the permits become public property when the planting is completed. 710.11 Protection of Shade Trees' 'State law reference-Shade tree disease control. M.S. ~ 18.023. 7-9 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 1 peclaration of Policy. The City Council has determined that the health of oak trees and elm trees, hereinafter sometimes collectively referred to as "shade trees," within the municipallirnits are threatened by fatal tree diseases commonly known as "oak wilt disease" and "Dutch elm disease" respectively, hereinafter sometimes collectively referred to as "shade tree diseases." It has further determined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. Accordingly, it is hereby declared to be the intention of the Council to control and prevent the spread of shade tree diseases, and this Subsection is enacted for that purpose. Subd. 2 Penalties. Any person violating the provisions of this Subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fme, iJiW~~I}.~'q,!l !?,Ql1!l not to exceed !lr~i~~l\!i~RFgYj!!~~~~a~,QIJ!:1!n.i~em~.!tIi.!>l. $700 B.1l.ti/el B. jail 8ell.tell.ee net te eJfeeea 90 d!ly3. Each day following the date on which the person was to have removed any diseased shade tree or wood as speCified in written notice given pursuant to the provisions of this Subsection, the person has allowed the tree or weed to remain on his or her property, or has allowed the parts or brush therefrom to remain on his or her property, shall constitute a separate violation. Subd. 3 Forester. The position of City Forester is hereby continued and the powers and duties of the officer are hereby conferred upon the person as designated from time to time by the mayor with the concurrence of the Council. It shall be the duty of the Forester to 7 - 10 1 I -- I I I I I I et I I I I I I I -. I r r ~ I 1 I I I I . I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees,Parks coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of the diseases and perform the duties incident to such a program as adopted by the Council. ~ilS~Jj~p~i~mll:;Yipe j5,~~~!ll(fP~~..D. Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the Forester or his or her Tree Inspector(s) or agents while they are engaged in the performance of duties imposed by this Subsection. Subd. 5 Nuisances Declared. The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus Rufipes (Eichhoft); B. Any dead elm tree or part thereof, including legs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and C. Any tree, exclusive of bur or white oak trees, with any manifestation of oak wilt 7 - 11 City of Arden Hills Chapter 7 Lakes, Trees, Parks disease. It shall be unlawful for any person to permit any public nuisance, as herein defined, to remain on any premises owned or controlled by him or her within the City. Such nuisances may be abated in the manner prescribed by this Subsection. Subd. 6 Inspection by Certified Tree Inspector. A. The Forester shall engage one or more persons, each of whom shaH have been issued a certificate from the Minnesota Department of Agriculture pursuant to M.S. Section 18.023, Subdivision 5, as amended, certifying that he or she is a qualified ~m!l~ Tree Inspector, for the purposes of inspecting any public or private properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shaH act as the duly authorized agent(s) of the Forester. Nothing herein shaH preclude the Forester from being certified by the State Department of Agriculture as a qualified Tree Inspector and acting as such on behalf of the City. 7 - 12 1 I ~ I I I I I I -- I I I I I I I -. I r I' " I I I I 1 I Ie I I I I I I I , I City of Arden Hills Chapter 7 Lakes, Trees, Parks Forester, or the Tree Inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In any event, the Forester shall, upon receipt of the results of the inspections, report them to the Council at its next following meeting. C. In addition to the foregoing inspections, it shall be the duty of the Tree Inspector(s) to investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other manifestations of shade tree diseases. D. The Forester and the Tree Inspector(s) shall have the right to enter upon all private premises within the City, exehui,e 5f hl'ltl3eg 1:I3ea M prifB,oc regideneeg, at any reasonable time for the purpose of carrying out the duties assigned to them under this Subsection, inCluding inspection, treatment, cutting, burning or removing of diseased shade trees.~: This provision is being deleted for clarity purposes. Before entering enclosed private property (behind privacy fence, etc.) the City should consult with city attorney about the need for a proper warrant. Subd. 7 Notices to Property Owners, After each inspection and investigation, whenever the Forester or the Tree Inspector(s) has found with a reasonable certainty that a shade tree or any wood therefrom harbors shade tree disease to such an extent that the same constitutes a threat of infestation of shade trees in proximity thereto, the Forester shall mark the diseased shade trees or wood or both as the case may be in a visible manner and notify each owner of 7 - 13 City of Arden Hills Chapter 7 Lakes, Trees, Parks real estate within the City whereon the diseased shade trees or wood, or both as the,case may be, are located, which notice shall contain the inspection information with respect to diseased shade trees upon the property and shall further advise that, in accordance with the provisions of this Subsection, the owner is required to remove the trees or wood, or both as the case may be, within a time specified in the notice, which shall be not less than five (5) days nor more than twenty (20) days from the date of mailing thereof the notices shall be sent by certified mail with return receipt requested to the last known address of the owner. In the event that the certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient notice. The notices to be sent under the provisions of this Subdivision shall be sent to the occupant of premises upon which the diseased shade trees or wood, or both as the case may be, are located, if those premises are occupied, and also to the owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the Forester or the Tree Inspector(s) shall be sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subject premises are unoccupied, then mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed sufficient. ~~~~~o. I-i::ino:var!lWi1ftaerOni.o;; ~@)~Jl.ti~']l~tle~ti!!1L~!iL.tlfi.~ 7 - 14 1 -, -. I I I I I I . I I I I I I I .. I r' I. ,. I I I I I I re I I I I I I I " I City of Arden Hills Chapter 7 Lakes, Trees, Parks sen':iee,;}Wmch''Csh1iIFbeiibillemoilW''fo!tli.emwIierA ~_~"i>;;.w'J_~~\i:;4li'iA,\il.j14W~""1.z.-\i~"."R'",~!;~~t!;~~,(>;~ ' Subd. 8 Removal of Diseased Shade Trees. An owner of real estate in the City who is notified of the existence on his or her property of shade trees or wood therefrom, or both as the case may be, harboring shade tree disease shall within the time specified in the written notice cut down or have cut down each of the diseased trees, remove or have removed all parts, branches and brush therefrom, and transport or have transported all the parts, branches and brush from the diseased trees and any diseased wood from the premises to an authorized disposal or chipping site; provided, however, that with respect to the transportation of wood from diseased elms, it shall be unlawful for any person to transport within the City any bark-bearing elm wood without having first obtained a permit from the Forester who shall grant the permits only when the purposes of this Subsection will be served. In addition the owner shall poison or have poisoned the stumps of trees diseased with oak wilt and shall debark or have debarked to the ground line the stumps of trees diseased with Dutch elm disease in such manner as may be approved by the Forester. Subd. 9 Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the Forester shall upon orders from the Council, abate the nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseased wood of any diseased shade trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the 7 - 15 City of Arden Hills Chapter 7 Lakes, Trees, Parks nuisance shall be billed to the owner or occupant of the premises upon which the nuisances existed. Subd. 10 Assessment for Nuisance Abatement. If the owner, or occupant, shall fail to pay the bill, as provided for in Subdivision 9, within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, against the property as a special assessment under Chapter 429 of Minnesota Statutes, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been levied. On or before October 1 of each year, the City Administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to which the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatement, and the assessment certified to the county as provided by law. Subd. 11 Request for Laboratory Testing. Any owner of real estate in the City who receives a notice as provided in Subdivision 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease and must be removed within the time specified in the notice, may request the Forester to obtain a laboratory test of one or more of the trees. The request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specified in the written notice from the City to the owner as provided herein, by written notice from the owner to the Forester sent by certified mail with return receipt requested. Upon receipt of the request, the 7 - 16 I '. -. I I I I I I -- . I I I I I I -. I r I' ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks Forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees. If the analyses confirm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever the case may be, the requesting owner shall pay all expenses and charges incurred for the analyses by the City. If the test discloses that the trees or wood are not so diseased, the City shall bear all the costs and the Forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall be sent the ownerby the Forester, and the owner shall remove the diseased trees or wood or both as the case may be, within one week after receipt of the notice. Subd. 12 Spraying or Treatment of Shade Trees. Whenever the Forester determines that any shade tree or shade tree wood within the City is infected with shade tree disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possible the spread of shade tree disease thereto. The Forester may also cause the diseased shade trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in accordance with current technical and expert opinions and plans of the State Department of Agriculture and under the supervision of the Department whenever possible. The costs of the chemical means of treatment shall be borne by the City. The costs of the 7 - 17 City of Arden Hills Chapter 7 Lakes, Trees, Parks mechanical means of treatment shall be borne by the owner or occupant of the premises, the shade trees upon which have been mechanically treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the event of nonpayment of the bill within thirty (30) days of the date thereof, the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10. The Forester shall notify, in the manner provided in Subd. 7, each owner or occupant of real estate within the City of the date after which shade trees on his or her property shall be chemically or mechanically treated, which date shall not be less than five (5) days from the date of mailing the notice. Section 720 - Arden Hills Parks System 720.01 Purpose. This Section is enacted for the purpose of and with the intent to regulate the use of the Arden Hills Parks System by members of the public in order to promote the fullest use and enjoyment of the system by the public in general and the citizens of the City in particular, to ensure safety for persons and property in connection with the use of the system, to harmonize and integrate the varying uses of the system, to protect public property and resources for posterity, and to enhance the general health, safety and welfare of the citizens of the City. 720.02 Definitions. For the purpose of this Section, the following words and terms shall have the meanings respectively ascribed: 7 - 18 I '1 -- I I I I 1 I . I I I I I I I ~ I r City of Arden Hills I' " I I I I , I . I I I I I 1 , I Chapter 7 Lakes, Trees, Parks Subd. 1 City. "City" shall mean and refer to the City of Arden Hills, Ramsey County, Minnesota. Subd. 2 Council. "Council" shall mean and refer to the City Council of the City. Subd. 3 Department. "Department" shall mean and refer to the Parks and Recreation Department of the City. Subd. 4 Director. "Director" shall mean and refer to either thelP!f~l.lJ1~l1.i?:.t~c; ~~q~j,~M the Parks and Recreation Director of the City, ~!i~'y~r~2,.~if~2t ~e~Jl~~\!, to the City Administrator. Subd. 5 Law Enforcement Officer. "Law Enforcement Officer" shall mean and refer to any member of the City's ~J~]1~~~!t~mJ:n~~ fleliee aepllrtment, or to any person duly deputized or commissioned by the Board of Ramsey County Commissioners or the State of Minnesota for the purpose of enforcing the laws, otdinancesand regulations of their respective jurisdictions. Subd. 6 Open Space Site. "Open Space Site" shall mean and refer to any public park including the parking area and driveways appurtenant thereto, any pathway, any trail, flliy: -,',"-" m~e,~.n, or any other similar public open space area owned, ~, improved, maintained, operated or otherwise controlled by the City, or by the County of Ramsey, or by 7 - 19 City of Arden Hills Chapter 7 Lakes, Trees, Parks any other public agency. Subd. 7 Open Space Waters. "Open Space Waters" shall mean and refer to any shoreline included in the system and those waters lying within three hundred fifty (350) feet and immediately abutting such shoreline. Subd. 8 Person. "Person" shall mean and refer to any individual, firm, partnership. corporation or association of persons. Subd. 9 System. "System" shall mean and refer to all of the open space sites located within the City. 720.03 g~ Hours and Access. The system shall be open to the public during that period of time thirty (30) minutes before sunrise and thirty (30) minutes after sunset. No person shall remain, stop, use or be present within the confmes of any open space site during that period of time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise. Exceptions may be made at the discretion of the director in the case of emergency or when special use permits have been authorized,~li~fii~~J~ti~.:a, or for other reasons the Director may determine necessary or desirablemli';a~~~.utJ~~{.g. 7 - 20 1 .. -. . I . . I . " I . I . I I . .. I r City of Arden Hills I . ~ 720.04 Permits. I I I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks Subd. 1 When Required. Permits shall be required for the exclusive use of system facilities and for groups of more than twenty-five (25) people.~~X~t\!~J[~~()R!ID!!m..sffi)~~ ~,];~(j:r!1'~\L~.~ltj~~~~iW~~_gp'~pl<iIDI~~~J:[~~f!g~!~li~g;flj~ ~lm?J~~l1~' ~: City had many notes on who issued permits, but the final note seemed to indicate that the director issued them. Please change if necessary. Subd. 2 Liability of Permittee. The permittee shall be liable for any loss, damage or injury sustained by the system or by any person whatever, by reason of the negligence of the person or persons to whom such permits are issued. Subd. 3 Revocation. The Director shall have the authority to revoke a permit upon evidence of good cause. 720.05 Special Activities. Subd. 1 Airborne Activities. No person shall make an airborne ascent or descent in any open space site, except by permit. Subd. 2 Bicycling. 7 - 21 City of Arden Hills Chapter 7 Lakes, Trees, Parks , A. No person shall ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffic. B. No person shall ride or operate a bicycle in violation of Chapter 169, of the Minnesota Statutes as amended. Persons riding a bicycle shall observe and obey all traffic and directional signs. C. No person shall ride or operate a bicycle in any open space site except in a prudent and careful manner. rfute.: City had a question mark next to a note about rights of way. What is the city's intent? D. All bie:yde: ride:r3 shall re:main ill single file alld prae:eed ill the: e:xtreme right hand laoc of a drhe-er hike"yO/ft,)" 8.1 all time:3 exeept .y\hen pl\33ifig another vefiiele BY bieye"li3t pllrked or tra', ding in tht: SliMe: direelielfi. ~: Because State law authorizes riders to ride 2 abreast, and because M.S.169 is adopted by reference in B, there is no need for this provision. D. Wherever provided, bicycles shall be parked in locations set aside specifically for their storage. Subd. 3 Boating: 7 - 22 1 I ~ I I I I I I -- I I I I I I I -- I r City of Arden Hills I . " I I I I I 1 ~ I I I I I I I ~ I Chapter 7 Lakes, Trees, Parks A. No person shall launch or land any boat, canoe, raft or other watercraft on or from any shoreline which is part of the system except at locations specifically designated for such purposes. B. No person shall operate any watercraft within an area which has been designated as a swimming area. C. No person shall drop or throw from any watercraft garbage, litter or other debris. D. No person shall stand up in, rock or operate any watercraft in a careless or reckless manner. Subd. 4 Camping: A. No person shall establish or maintain any camp or other temporary lodging or sleeping place in any open space site, except by permit, and then only in areas specifically designated for such use. B. Permits for temporary lodging shall be issued to adults only, and the adult granted the permit shall be on the premises at all times during the duration of the permit. 7 - 23 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 5 Equestrian. No person shall ride or drive a horse in any open space site. ~: Are horses allowed on TOads or other trails? Subd. 6 Fishing. No person shall take any fish, frog, turtle or crayfish by angling, spearing, archery, netting or trapping from any open space waters or from any shoreline, pier or dock included in the system except in specifically designated areas, and then only in accordance with State law. Subd. 7 Motorized Recreation Vehicle. No person shall operate a motorized off-road or all-terrain recreation vehicle within any open space site, except in such areas or on paved surfaces specifically designated for such use. No person shall operate a non-licensed vehicle on any parkway or other roadway within an open space site. rfutl:: City indicated that it may wish to include motorbikes, mopeds, etc. Subd. 8 Picnicking. No person shall picnic in any open space site except in those areas designated and equipped for such use. Subd. 9 Snowmobiling: ~: City indicated that it was considering banning snowmobiles in parks completely. A. No person shall operate a snowmobile in any open space site except in those areas or trails specifically designated for such use. 7 - 24 I I ~ I I I I I I -- I I I I I I I ~ I I' 1- ft I I I I I I Ie I 1 1 1 1 I I " I City of Arden Hills Chapter 7 Lakes, Trees, Parks B. No person shall operate a snowmobile at a speed in excess of limits specifically posted for such use or at a speed in excess of fifteen (15) miles per hour within one hundred fifty (150) feet of any fisherman, fish house, pedestrian, skier, skating rink, sliding area, ski tow area or other area where such operation would conflict with or endanger other persons or property. C. No person shall operate a snowmobile within one hundred fifty (150) feet of any residence, except at a speed of fifteen (15) miles per hour or less. Subd. 10 Swimming: A. No person shall bathe, wade or swim in any open space waters or at any public beach except in such areas specifically designated for such use, and only at such times when a City or otherwise authorized lifeguard is on duty. B. No person shall bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety. C. No person using open space waters shall swim outside of the marked area. D. No person shall bring into or use at any beach any inner tube, life raft or other inflatable or buoyant object intended to support a person, except U.S. Coast Guard approved life jackets or vests when properly attached. 7 - 25 City of Arden Hills Chapter 7 Lakes, Trees, Parks E. No person shall possess, carry onto or scatter on any beach, any glass bottle, broken glass, metal can or other debris which could be a safety hazard. F. No person shall use any !!~J~~m,~ beach area for purposes of picnicking. G. No person shall launch, dock or operate any watercraft in any designated swimming area. 720.06 General Conduct. Subd. 1 Defacement, Destruction of Property and Resources. No person shall tamper with, injure, deface, destroy, disturb, damage or remove any part of any system building, structure, sign, lightpole, drinking fountain, hydrant, table, grill, equipment, statue, flower, tree, shrub, plant, turf, soil conditions, or mineral resource, nor shall any person plant or cause to be planted any wild, cultivated or exotic tree, shrub or plant except with the written permission of the director. Subd. 2 Animals. ~: Add Cross-Reference to animal section in fmal draft A. No person in custody of any pet or animal shall allow the animal to disturb, harass or interfere with other open space users or their property. 7 - 26 ,) '1 -. I I I I I I eI I I I I I I I -. I r City of Arden Hills I' ~ I I I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks B. All state and local ordinances relating to the licensing and muzzling of animals and pets shall apply to same brought into any open space site. Subd. 3 Hunting, Fishing and Molesting Wildlife. A, No person shall kill, hunt, trap, pursue, injure, molest or unnecessarily disturb or have in possession any species of wildlife including birds, waterfowl, fish or other animals found within the confmes of any open space site, except that fishing may be permitted in designated areas subject to laws and regulations as established by the State of Minnesota. ~W,"",rsoIi7SIfli11lIDn~~a:g~1~!JNiugl1Ji1fleatl1!lfiorfi~arKro~li~ . ", .~!"w""""",;____ ',.. ,-," " .-. ," '~;'~ \-,<;7""'" ',>~~ '-~ a~lltillI!!Yl1ffen~lf~~~~1.~ C. No person shall rob, disturb or molest the nest, eggs or young of any birds or other animals within the confines of any open space site. Subd. 4 Fires. A. No person shall start or maintain a fire in any B1U:*j;P~~W~ open space site except 8nlall reen:atienlll fm:s in fireplaees, flfe ring8 aM W grills provided for that purpose in areas specifically designated for such use. Private grills may be used in 7 - 27 City of Arden Hills Chapter 7 Lakes, Trees, Parks designated areas provided that all ashes and residue therefrom be disposed of in containers provided for such disposal. B. Any person who starts or maintains a fire in an authorized area shall!!B!"I~1f~!lTe linatrefidea~T6'r'1ffail ~tOlfiTIr~~j(tillii!!rsw.;lthe:1Jifife$1}efOfe!i\leaviff '<, exe:[ eiJe e:3mi1l.U6tl8 'O,:""""_Jj;"~~;;"""M'~"}''''~'>li:~"",'''illoI;I'.~~''-i-.:,,,.~~,,,.j;!'N''i'''1iM;"2'"-;":";~.Hi."'-""~;!_"\e,,,,.0~;' 8U!le:n i8ielll. ff(jm the: tim~ the aft: iJ kill.dled l:lll.til it i8 extillgl:li8hed. Subd. 5 Pollution, Waste and Litter. A. No person shall allow the release of any substance which shall result in the pollution of open space waters or endanger the health of the public. B. No person 'shall deposit, scatter, drop or abandon in any open space site any paper. bottles, cans, sewage, waste, trash or other debris except in receptacles provided by the department for such purposes. No person shall deposit in any receptacle in any open space site any accumulation of waste or trash generated outside the boundaries of the site. Subd. 6 Firearms, Weapons, Fireworks. No person except a law enforcement officer shall possess or carry a firearm of any description, any airgun, bow and arrow, knife with a blade greater than three (3) inches, slingshot, dart or projectile thrower, ll~~, or any other dangerous or illegal weapon in any open space site. Nothing in this Section shall be construed to prevent the recreational use of firearms and bow and arrows on officially established fields 7 - 28 1 .. ~ I I I I I I . I I I I I I I " I r City of Arden Hills I' ~ I 1 I I I I . I I I I I I ~ I Chapter 7 Lakes, Trees, Parks or tar et ran es, rio~to"':rohibit~n:e}VorkS]pis 'Iii s;auUioriied',b"}>llie,:city. g g ,."alti,\!,""-,,,,.J~I""':'i0.>'l<"''':!ljl\K~'''i,,,",,,'''_'''''',,, ~.."",;~BM~"Y"';;'" ,'-, ,"J>'h'..'.>-":'".L .w_:.""_.'..'?l..i....""''',., ';.~.-, Subd. 7 Disturbing the Peace. A. No person or group of persons shall Ufffeasonab1Yl disturb the peace and good order -,:0<).n..x;.;:.::/:.':/.,,~>;''''L_' in any open space site by either word or act. B. No person or group of persons shall ifnre:a:S"6mmJYl disturb, harass or interfere with ~,","",""0~..,_,.." any open space user or the user's property. Subd. 8 Audio Devices. No person shall operate or play any sound emitting equipment in any open space site in such a manner that the sound emanating therefrom is audible beyond the immediate vicinity of the equipment. Note: It would be better to specify a specific distance such as fifty feet or whatever the council deems reasonable. Subd. 9 Loitering. A. No person over the age of six (6) years shall enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex. Hmt: City inquired about how State law addresses this issue. I believe there is a criminal statute that addresses entering restrooms for the opposite gender, but I have been unable to locate it but will keep checking. 7 - 29 City of Arden Hills Chapter 7 Lakes, Trees, Parks B. No person shall lurk or loiter in or around the toilet or other system structure except to use such facility for the purpose for which it is intended. C. No person shall lurk or loiter in any parking area adjacent to any open space site. NOTE: As discussed in the first draft, Loitering is tough to enforce. Trespassing, harassment, etc. are specific issues that are easier to regulate. Subd. 10 Alcoholic and Intoxicating Beverages. No person shall transport, possess, offer for sale, consume or be under the influence of any alcoholic or intoxicating beverages in any open space site. Subd. 11 Smoking in Enclosed Structures. No person shall smoke a cigarette. cigar, pipe or any other similar object, or leave lighted matches or tobacco products unattended, in an enclosed PJ!!?lj~ structure. Subd. 12 Games. No person shall engage in any potentially'dangerous games involving thrown or propelled objects, such as, but not limited to, footballs, baseballs, horseshoes, arrows, golf balls, model airplanes, Frisbees, or any similar objects, in such manner as to interfere with the safety and comfort of others. ~s~iI5.1i!!.l~~~1j ~r~E1lYlim'mm,e,tlp~~~~~~. Subd. 13 Advertising. No person shall distribute, disseminate, or cause to be displayed, any 7 - 30 1 .. -. I I I I I I II I I I I I I I ~ I r I . ~ I I I I I I . I I I 1 I 1 I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks leaflets, pamphlets, circulars, handbills, advertisements or other written or printed material except with the written permission of the Director. Subd. 14 Unlawful Sales. No person shall sell, offer for sale, hawk, peddle or lease any object, merchandise or service or carry on any manner of business or commercial enterprise except those concessions authorized or operated by the City. N2k: Add Cross Reference to Peddling regulations in final draft. Subd. IS S6lieitillg Alm3. N6 l'er3611 3hall beg er 3elieit alm3, a6l'lati6/t'l 6r eentrwuti6ft3. NOTE: This provision has been removed due to rulings regarding first amendment rights. Cities have had some luck with anti-aggressive panhandling ordinances. Please contact the League for further information on these types of ordinances if the city is interested. Subd. 16 Construction. The construction of any above- or below-ground structure shall be subject to the approval of the Council. Subd. 17 Posted Regulations, Directional Signs and Graphics. No person shall disregard or fail to comply with any posted regulations, directional signs and graphics, barriers or other control devices located within any open space site or on any parkway. 720.07 Traffic Rules. 7 - 31 City of Arden Hills Chapter 7 Lakes, Trees, Parks Subd. 1 Location. No person shall drive or operate a motor vehicle within any open space site except upon roadways, parking areas, parkways or other areas designated for such use. Subd. 2 Parking. No person shall park, stop or leave a vehicle in any open space site or on any parkway during that period of time thirty (30) minutes after sunset and thirty (30) minutes before sunrise !!~~s~};g:t!1t~~~~~B' Exceptions may be made at the discretion of the Director in the case of emergency or when special use permits have been authorized, or for other reasons the director may determine necessary or desirable. Subd. 3 Maintenance. No person shall wash, grease, change oil, service or repair any vehicle in any open space site. All disabled vehicles shall quickly be made operational or removed from the open space site. . 720.08 Penalties for Violation. Subd. 1 Misdemeanor. Any person violating any of the provisions of this Section shall be adjudged guilty of a misdemeanor and upon conviction shall be subject to a fine !im ~li~9]!!l~,m not to exceed ~!jA1,yms,~~Qy@:g~~~. $700 allMef a jail gemEflee Il6t t6 exeeea 90 aay3. Subd. 2 Ejection. Any person violating any of the provisions of this Section may be expelled, ejected or ousted at such time from an open space site at the discretion of a law 7 - 32 1 -I -. I I I I I I -- I I I I I I I ~ I r I" ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 7 Lakes, Trees, Parks enforcement officer or department employee. , 7 - 33 I' ~ I I , I I I - I I I I I I ~ I City of Arden Hills Chapter 8 Traffic and Motor Vehicles Chapter 8 Traffic and Motor Vehicles Section 800 - Traffic and Parking Regulations' 800.01 Highway Traffic Regulation Act Adopted. Chapter 169 of Minnesota Statutes, as amended is hereby adopted by reference and made a part of this Code as if set out here in full. 800.02 Penalty. Any violation of Chapter 169, commonly referred to as the Highway Traffic Regulation Act, which occurs within the limits of the City shall be a violation of this Chapter. Any person violating any provision thereof shall be p:liliy ef a ,uisdemeaI16r !Uld shall be punished by a fme poc@'P~p~4t efi!Qt':'\fl5~~1!;!l~_[~~,g~~~_~. $700 aM/er a jail 3emenee net te exeecd 90 aa.y3. . 800.03 Parking Regulations. Subd. 1 Winter Parking. No person shall park any vehicle, except in compliance with the directions of a law enforcement officer or in compliance with regulatory parking signs placed by a law enforcement officer, on the improved portion of any street or highway in the City during the following time periods: 'State law references-Abandoned motor vehicles, M.S. Ch. 168B; highway traffic regulations, M.S. Ch. 169. 8- 1 City of Arden Hills Chapter 8 Traffic and Motor Vehicles A. Between the hours of 1:00 a.m. to 6:00 a.m. from October 15th to April 15th; and B. During a period of time commencing immediately after the accumulation of two inches or more of snow and continuing until snow removal or plowing has been completed. Subd. 2 Parking in Residential Districts. Parking in Residential Districts shall be limited to the use of the occupants of those residences and their guests. ~: City asked if this provision was enforceable. From a legal point of view, it is possible, but from a practical matter how will an officer know who is a visitor without some sort of permit system? Subd. 3 On-Public-Street Parking. On-Public-Street Parking shall not exceed SIX continuous hours. ~: In light of Subd. 2, only guests, etc can park, and not for more than 6 hours? City had a question on how it wanted to proceed with this subdivision. Subd. 4 Gross Weight Restrictions. No motor vehicle or trailer with a fated gross weight exceeding 12,000 pounds, including but not limited to buses, motor coaches, trailers, cabs, school buses and trucks shall be parked or stored in a residential zone except when loading, unloading or rendering a service. Subd. 5 Parking on Boulevard Prohibited. No motor vehicle shall park upon the 8- 2 I ~ I I I I I I -' I I I I I I I -- I I r ~ I I I I I I II I I I I I I ~ I . City of Arden Hills Chapter 8 Traffic and Motor Vehic1es boulevard of any public street. Subd. 6 Parking Setback from Intersections. Parking shall be set back from street intersections as follows: Nntf: City asked about adding provisions on driveways, firelanes, etc. These provisions could be added, but this entire subdivision follows State law. Thus, unless the city prefers enforcing an ordinance instead of State statute, there is no need to add provisions or to even leave this subdivision in. A. Twenty (20) feet from crosswalk of any uncontrolled intersection; B. Thirty (30) feet from crosswalk of any controlled intersection; and C. Twenty (20) feet from any intersection without a marked crosswalk. Subd. 7 Administrative Procedures. The City Administrator shall adopt, from time to time, procedures to provide for the safe and consistent' application of the parking regulations. The City Administrator may grant variances from the application of the parking regulations provided that such variances can be allowed without creating a safety hazard. Administrative variances shall be in writing and shall state the specific time limits during which the variation will be allowed to occur. Subd. 8 Impoundment. 8-3 City of Arden Hills Chapter 8 Traffic and Motor Vehicles A. Any vehicle parked in violation of this Subsection is hereby declared to be a traffic safety hazard and nuisance, and the same may be summarily abated by removing and towing away such vehicle by or under the direction or at the request of any member of the ~~D:$~~g~g~:!~~91~~m;s!lt;pteyj~l: floliet: department. Such vehicle shall be stored at such place within or without the City as may be directed by thegim~~!i~!i!t[qpjJYjfRflJJS~~1ipXq;Yi9~~ fleliee department; and within fourteen (14) days of such impounding, the chief of the ~1t:y~l:4~~!g!!!l~;!~~ ~~~ii1miU;t2l'j~ peHee shall mail written notice thereof to the owner at his or her last known address according to the vehicle registration records of the State. Before the owner or his or her agent shall be permitted to remove the vehicle from the custody of the ~~~Ii\I.~~lg~~~i!f.9rSS[l~~tBZ!~ peHee, he or she shall furnish satisfactory evidence of identity and ownership of the vehicle, pay all reasonable charges for the towing and storage of the vehicle and sign a written receipt for the vehicle. B. As an alternative to the foregoing, the ~ officer may require the owner of an illegally parked vehicle to remove said vehicle from the subject street or highway during the times limited above. Subd. 9 Prima Facie Evidence of Violation. The operation, use or parking of a motor vehicle in violation of this Subsection shall be prima facie evidence that the motor vehicle was at the time of the violation controlled, operated and used by the owner thereof. 8- 4 I I -. I I I I I I - I I I I I I I -. I . City of Arden Hills Chapter 8 Traffic and Motor Vehicles ~ I I I I I I . I I I I I I ~ I 800.04 Unreasonable Acceleration. Subd. 1 Prohibited. Unreasonable acceleration of any motor vehicle on any public or private road or way within the City, as unreasonable acceleration is defined in Subd. 2, is hereby declared to be a public nuisance and shall be prohibited. Subd. 2 Definition. The words, "unreasonable acceleration" of a motor vehicle shall be defined as acceleration without apparent reason, and accomplished in such manner as to cause squealing or screeching sounds by the tires or the throwing of sand or gravel by the tires of the vehicle or both. ~: Unable to read city's note on this subdivision. Subd. 3 Prima Facie Evidence. Prima facie evidence of such unnecessary and unreason- able acceleration shall be squealing or screeching sounds emitted by the tires or the throwing of sand or gravel by the tires. of the vehicle or both. 800.05 Removal of Key When Parked. Subd. 1 Required. No person shall leave a motor vehicle unattended on any public road or public property in the City, or upon any unattended parking lot generally held open for the use of the public and operated in connection with a commercial or business establishment in the City, without first stopping the engine, locking the ignition, removing the key from the ignition of the motor vehicle, and taking the ignition key with him or her. 8- 5 City of Arden Hills Chapter 8 Traffic and Motor Vehicles ' Subd. 2 Police Action. Whenever any peHee officer of the ~l!Y'~~9]~igna~~~\Haw ~!9L~,!;!:D~ftj5!~~! finds any motor vehicle standing in violation of Subd. 1 the fJoliec officer shall be authorized and directed to remove from the motor vehicle the ignition key left therein and to deliver the ignition key to the officer in charge of the Gi@'J;iFdesjgifated ."~""'_"',h ,'- ;.:,.."...:..,.... !~lff..B peHee deflartment with notice being given to the owner as provided in Section 800.03, Subd. 8. Section 810 - Recreational Motor Vehicles 810.01 General. Subd. 1 Adoption and Incorporation by Reference of Statutes and Regulations. Sections 84.1 through 84.90 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Depllrtment of Natural Resources, including specifically, but not limited to, Sections NR51 through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of the statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the City Administrator in the City Hall. 8- 6 I I -. I I I I I I . I I I I I I I ~ I I . City Of Arden Hills I' ~ I I , I I I . I I I I I I ~ I Chapter 8 Traffic and Motor Vehicles Subd. 2 Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in SuM. I shall be considered a violation of this Section of the Arden Hills Code when it occurs within the limits of the City. Any person violating any provision of this Section shall be guilty of a misdemeanor and shaU be punished by a fine mi!.m~~i~~!)![:~! ~~~}t~~S.~~d~q~if~r.[r~;jm~~X~~~~:S~ea ?g.~!lY3mE mliX'iffillmr~enal~plotize{nb~'1'iStaf'llam . w.., '~~=~il~i'md\;'tiW~ .. "~,,,..~';M:;~.":i\" ....~,~~~ Subd. 3 Intent. It shaU be the intent of this Section to supplement the laws of this State with respect to the operation ofrecreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Section shall not be intended to aUow what the State Statutes prohibit nor to prohibit what the State Statutes expressly aUow. Subd. 4 Definitions. For the purposes of this Section, the foUowing words and phrases shaU have the meaning respectively ascribed to them: A. AU-Terrain Vehicle. "AU-Terrain Vehicle" shaU mean an off-road vehicle or motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and total dry weight of less than six hundred (600) pounds. 8-7 City of Arden Hills Chapter 8 Traffic and Motor Vehicles B, Operate. "Operate" shall mean to ride in or on and control the operation of a recreational motor vehicle. C. Operator. "Operator" shall mean a person who operates or is in actual physical control of a recreational motor vehicle. D. Owner. "Owner" shall mean a person, other than a lien holder, having owner- ship of or title to a recreational motor vehicle and entitled to the use or possession thereof. E. Recreational Motor Vehicle. "Recreational Motor Vehicle" shall mean a self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for'recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation, which is being used for off-road recreational purposes. F. Roadway. "Roadway" shall mean that portion ofa highway improved, designed or ordinarily designed for vehicular traffic. G. Snowmobile. "Snowmobile" shall mean a self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. 8- 8 I I ~ I I I I I I . I I I I I I I ~ I I I I I I I . I I I I I I ~ I I City of Arden Hills I" ." 810.02 Regulations. ~: City indicated to add "all-terrain vehicle" and "snowmobile" to the listing of recreational vehicles in this section but they are included by definition under 810.01. Does city wish to duplicate the listing or leave as just recreational vehicle? Subd. 1 Compliance with Statutes. It shall be unlawful for any person to operate a recreational motor vehicle, or snowmobile upon the traveled portion of any public street or highway except in compliance with all provisions and requirements of Chapter 169 of the Minnesota Statutes, except those which by their nature have no application. Chapter 8 Traffic and Motor Vehicles Subd. 2 Registration. It shall be unlawful for any person to operate a recreational motor vehicle within the City unless such recreational motor vehicle is currently and validly registered with the State and its registered number is conspicuously displayed on the vehicle in accordance with State law. Subd.3 Operator's Age. It shall be a violation for any person under fourteen (14) years of age to make a direct crossing of a trunk, county state aid,' City road or county highway as the operator of a recreational motor vehicle. A person fourteen (14) yeats of age or older, but less than eighteen (18) years of age, may make a direct crossing of a trunk, county state aid, or county highway, or City road, only if he or she has in his or her immediate possession a valid recreational motor vehicle safety certificate issued by the commissioner of public safety. 8- 9 City of Arden Hills Chapter 8 Traffic and Motor Vehicles Subd. 4 Permission to Operate on Public Property. It shall be unlawful for any person to operate a recreational motor vehicle upon any lands, except public right-of-ways owned by the City, county, state or school district and as provided in Subd. 5, unless permission to do so is lawfully posted upon such land. Subd. 5 Operation within Right-of-Way. It shall be unlawful for any person: A. To operate a recreational motor vehicle upon the roadway of any trunk, county state aid, City or county highway, and, in the case of a divided trunk or county highway, on that portion of the right-of-way which lies between the opposing lanes of traffic, except as provided herein; B. To operate a recreational motor vehicle within the unpaved portion of the right- of-way of any trunk, county state aid, City or county highway between the hours of one-half (lh) hour after sunset to one-half (lh) hour before sunrise, except on the outer most part of the unpaved portion of the right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto; and C. To operate a recreational motor vehicle at any time within the right-of-way of any interstate highway or freeway. Subd. 6 Operation on Roadway. It shall be unlawful for any person to operate a 8- 10 I I -- I I I I I I . I I I I I I I .4Iti I I r ~ I I I I I I . I I I I I I ~ I , City of Arden Hills Chapter 8 Traffic and Motor Vehicles recreational motor vehicle upon the roadway of any City street except as otherwise provided in this Section. Subd. 7 Permission to Operate on Private Land. It shall be unlawful for any person to operate a recreational motor vehicle upon any privately owned lands without the consent and permission of the owner of such lands, given in the manner provided in Chapter 84 of Minnesota Statutes, as amended, which is incorporated by reference and made a part of this Section as if set out here in full. Subd. 8 Crossing Streets, Highways. With respect to direct crossing of a trunk, county state aid, City or county highway, such crossings may be made provided: A. The'crossing is made at an angle of approximately ninety (90) degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and B. The recreational motor vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and 8- 11 City of Arden Hills Chapter 8 Traffic and Motor Vehicles . D. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway; and E. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. Provided, however, that operation upon a street or highway, as provided in this Section, may be permitted without reference to these restrictions in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Subd. 9 Driving under the Influence. It shall be unlawful for any person to operate a recreational motor vehicle while under the influence of intoxicating liquor or narcotics or habit-forming drugs. Subd. 10 Speed Generally. It shall be unlawful for any person to operate a recreational motor vehicle at a rate of speed greater than reasonable or proper under the surrounding circumstances. ~: Checking on 1997 law changes that may apply, but historically snowmobiles have not been regulated. Could not read second note from City. Subd. 11 Careless, Reckless Operation. It shall be unlawful for any person to operate a 8- 12 I I ~ I I I I I I - I I I I I I I e, I - City of Arden Hills Chapter 8 Traffic and Motor Vehicles ~ I I I I I I Ie I I I I I I ~ I recreational motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Subd. 12 Proximity to Residences. It shall be unlawful for any person to operate a recreational motor vehicle within one hundred (100) feet of a residential building, except as otherwise specifically permitted. Subd. 13 Protection of Vegetation. It shall be unlawful for any person to operate a recreational motor vehicle in any tree nursery or planting in a manner which damages or destroys growing stock. Subd. 14 Disturbing Peace. It shall be unlawful for any person to operate any recreational motor vehicle in a manner which constitutes a public nuisance and annoys unreasonably, or injures or endangers the health, safety, comfort or repose of the public. 810.03 Equipment. Subd. 1 General. It shall be unlawful for any person to operate a recreational motor vehicle, unless it is equipped with at least one headlamp and one taillamp, a deadman's throttle, brakes, and any other equipment required by State law, and to standards prescribed by the rule of the commissioner of highways pursuant to the authority vested in him or her by Chapter 84 of Minnesota Statutes. 8- 13 City of Arden Hills Chapter 8 Traffic and Motor Vehicles ' Subd. 2 Use of Headlight and Taillight. It shall be unlawful for any person to operate a recreational motor vehicle during the hours between one-half hour before sunset and one-half hour after sunrise without the required headlight and taillight being illuminated. Subd. 3 Muffler. It shall be unlawful for any person to operate any recreational motor vehicle unless the recreational vehicle is equipped with a standard engine muffler and exhaust system in good operating condition, as installed by the manufacturer, except that a muffler may not be required when the manufacturer has designed and installed an exhaust system which operates as safely and efficiently without iI muffler. Subd 4 Noise Making Devices. It shall be unlawful for any person to operate any recreational motor vehicle which has attached to it any type of noise making devices intended to amplify noise emitted from such machine, including, but not limited to, devices commonly known as megaphones, expansion chambers, operational cutouts or other similar devices. Subd. 5 Mandatory Pennant for Recreational Motor Vehicle. No person shall operate a recreational motor vehicle unless the vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway. 810.04 Operation of All-Terrain Vehicle. It shall be unlawful for any person to operate an 8- 14 I I 'I I I I I I I " I I I I I I I ~ I r - City 6f Arden Hills I . ~ I I I I I I . I I I I I I I ~ I Chapter 8 Traffic and Motor Vehicles all-terrain vehicle anywhere within the limits of the City from and including April 1 to and including October 31 of each year. ~: City asked why this provision was inserted here. In the original ordinances provided, this appeared to be a stand alone provision that did not apply to anything by all-terrain vehicles. If city has a different intent, it could be moved. 810.05 Inapplicability of Regulations to Governmental Agencies. The regulations contained in this Section shall not be applicable to the operation or use of a recreational motor vehicle by agents, representatives, employees or officials of govermnental agencies while in pursuit of their gov- ermnental duties or during emergency situations. 8- IS I" I- ~ I I I I I I - I I I I I I I ~ I Did You Know? "New State Building Code - It's More Than Meets The Eye" by Kent Sulem (5/95) An amended State Building Code went into effect in Minnesota on March 20, 1995. Each year the League receives many calls from city officials wondering if their city is bound by the State Building Code, who is responsible for its enforcement, whether the city can regulate construction matters not included in the Code, and whether there is any way a city could be exempted from the Code. Many cities are under the mistaken belief that the Code does not apply to them or that they can regulate all building issues so long as the local restrictions are at least as restrictive as the Code. This article offers cities an overview of their requirements and restrictions under the new State Building Code and its related provisions of State law. What is the State Building Code? The Minnesota State Building Code is a series of uniform rules and regulations designed to promote the safe construction, reconstruction, alteration, and repair of buildings and other structures, excluding most agricultural buildings. These rules and regulations are written, adopted, and ultimately enforced by the Minnesota Department of Administration under the authority of Minnesota Statutes 16B.59 through 16B.73. The current State Building Code is published as Minnesota Rules Chapters 1300 through 1370, and adopts by reference the State Plumbing and Energy codes found in Chapters 4715 and 7670. The Minnesota State Building Code is based on the Uniform Building Code (UBC). In addition, other smaller uniform codes are adopted by reference. To enforce all of the current provisions of the State Building Code, as amended through March 20, 1995, a city would need to adopt the new Code (cities enforcing earlier editions of the Code need to re-adopt the Code) and have access to State and Federal statutes and the following materials: Minnesota Rules Chapters 1300 through 1370 (Main body of Code) Minnesota Rules Chapter 4715 (1994 Minnesota State Plumbing Code) Minnesota Rules Chapter 7670 (1994 Minnesota Energy Code) 1994 Uniform Building Code (UBC) 1991 Uniform Fire Code (UFC) 1991 Uniform Mechanical Code (UMC) 1993 National Electric Code (NEC) 1972 FloodprooflOg Regulations promulgated by the U.S. Army Corps of Engineers 1980 TR-83A "Interim Guidelines for Building Occupant Protection from Tornadoes & Extreme Winds" by FEMA (Federal Emergency Management Agency) American National Standard Safety Code for Elevators and Escalators by ANSI! ASME and supplements A17.1 (1987), A17.1a (1988), and 17.3 (1986) ANSI All3.1 (1971) . American Standard Safety Code for Mechanized Parking Garage Equipment" ANSI 10.4 (1963) "Safety Requirements for Workman's Hoists" ANSI 10.5 (1969) "Safety Requirements for Material Hoists" Manufactured Home Building Code (see Minnesota Rules 1350.0100, subd.40) Not all provisions of the materials listed above are mandatory, but a city will need to have access to all of them in order to enforce both those sections that are mandatory and the optional ones selected by the city for enforcement. Minnesota Rules sections 1300.2400, 1300.2900, 1305.0010, and 1305.0020 outline which provisions of the Code are mandatory and which provisions are optional. Optional provisions must be specifically adopted by a city before the city can enforce them. In addition, the Code sometimes r~uires proof of compliance with other model codes. While it is up to the builder to provide this proof, a city may want to obtain copies of these other codes for reference purposes. These other codes are cited periodically throughout the State Building Code and the above listed materials. Where does the State Building Code Apply? Both Minnesota Statutes and Minnesota Rules initially r~uired all municipalities to adopt and enforce the Code in regard to new construction, but subs~uent amendments allow some cities to exempt themselves from the scope of the Code except for those provisions that also exist independently of the entire Code. The flIst exemption is available to cities that have never adopted the Code and which are located in non-metro counties where an election bas been held on the issue and the Code has been rejected for the entire county. The second exemption is available to cities with a population under 2,500 at the time of the last official census which are located at least partially in an exempt county and that elect to exempt themselves from the Code. The result of these exemptions is that the Code as a whole applies to the following jurisdictions: - All cities that have adopted or that subsequently adopt the Code _ All cities located entirely within non-exempt counties (Hennepin, Ramsey, Anoka, Carver, Scott, Dakota, Washington, and any county where an election to exempt the county has not been successfully held) As a matter of legal principle, a city that could otherv;ise be exempt from the Code but that has voluntarily adopted the Code, should be able to un-adopt the Code. The fact that a city is exempt from the r~uirements of the Code does not give it the right to adopt a different building code. Both the statutes and the rules make it clear that the State Building Code preempts all local building codes, and the prevailing interpretation of the statutes and rules is that the preemption applies even in those cities otherwise exempt from the code. Who must enforce the State Building Code? In cities where the Code is mandatory or where it pas been voluntarily adopted, a local building official is to be appointed to enforce the Code. Two or more cities may enter into a joint agreement to share the cost of a building official. A building official must meet certain qualifications and be certified by the State in order to satisfy the r~uirements of the Code and be eligible to enforce it. In cities where no building official has been appointed, or where the Code is being improperly administered, the Commissioner of the Department of Administration may r~uire the State Building Inspector to assume responsibility for enforcement or, with the Commissioner's approval, the State Building Inspector may appoint '. I ~. I I I I I I fI I I I I I I I -. I r r ~ I I I I I I . I I I I I I ~ I a building official of his or her choice. For some aspects of the Code, the State Building Inspector may rely on the work of other officials such as the State Fire Marshall. Further, the State Building Inspector, or the Inspector's appointed representative, must review the plans of any city constructing a public building or state licensed facility. In any case, the city remains responsible for all expenses involved with enforcement of the Code. What does the State Building Code Cover? The State Building Code ba~ically covers all strucrural related aspects of construction and the administrative procedures necessary to ensure compliance with the Code. Building material quality, structural integrity, accessibility, and general safety precautions are all governed by the Code through regulations addressing such construction related matters as snow loads, electrical installations, plumbing and plumbing fixtures, elevators, fire prevention, and entrances and exits. Two requirements of the Code that are frequently overlooked include the floodproofmg standards which used to be optional but are now mandatory, and the special inspection requirements of UBC section 1701 in regard to certain concrete and steel applications, strucrural welding and bolting, and prefabricated or partially prefabricated structures. What can a city require in addition to the State Building Code? As a general rule, any regulation related to how a structure is constructed and what it is constructed of, will be preempted by the State Building Code even if the regulation is at least as restrictive as the Code. The exceptions to this general rule include regulations on plumbing so long as they don't conflict with the Uniform Plumbing Code and don't require a loca1license for plumbers, electrical standards at least as restrictive as the ones adopted by -. the Code and the NEe and that don't require a local license for electricians, and fire regulations provided the more restrictive requirements don't conflict with another area of the Code and are directly related to protecting people and structures from the risk of fire. In addition, cities can adopt ordinances that regulate the land use and aesthetic aspects of construction. For example, a city could require that all houses have a minimum square footage requirement, that they not cover more than a certain percentage of the lot size or be taller than a set height, and that they have off street parking and paved driveways. Cities could also require that houses have an exterior appearance of wood, brick, or stucco but they could not require an actual specific building material. Anti-blight ordinances requiring structures to be maintained in good repair (free from chipping paint, broken windows, loose shingles, etc.) are also permissible. Does an exempt city have to worry about the State Building Code? As strange as it may sound, a city that is exempt the Code must still pay attention to it. Certain provisions of the Code have a life of their own and must be enforced even in otherwise exempt cities. Minnesota Statutes Chapter 326 make the Electric and Plumbing Codes mandatory. Chapter 297F makes the Fire Code applicable, and Chapter 216C makes the Energy Code enforceable independently from the Building Code. In addition, the Building Code itself makes the handicap accessibility provisions applicable even in otherwise exempt cities, and absent this Code provision, other State and Federal laws would probably require them to be enforced. Enforcement of these independent Code provisions can be assumed by the city, but absent city enforcement, they will be enforced by the appropriate State or County officials. For more information about the State Building Code, or for a copy of a model ordinance for adopting or re-adopting the Code, please contact the League of Minnesota Cities Research and Information Services department or Codification Attorney. or call the State Building Inspector's office at (612) 296-4639. Copies of the Code and most of its supporting documents, including the 1994 UBC, are available from the Minnesota State Bookstore, (612) 297-3000 or 1-800-657-3757. '. I -. I I I I I I II I I I I I I I e, I r I- ~ I I I I I I re I I I I I I I , I ~ LMC Model Ordinance for Adoption of State Building Code 4/95 Ordinance No. Adopting the Minnesota State Building Code An ordinance adopting the Minnesota State Building Code as revised and providing for its application, administration, and enforcement; and providing for the repeal of all inconsistent ordinances. The City of hereby ordains: Section 1 State Buildinq Code Adopted. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.75 and published in Minnesota Rules Chapters 1300 through 1370 and incorporating the Minnesota Plumbing Code and the Minnesota Energy Code, Chapters 4715 and 7670 respectively of Minnesota Rules, is hereby adopted as the building code for the City of , and is incorporated into this ordinance as if set out in full subject to the following specifications: Subdivision 1 Mandatory Enforcement Provisions. The following chapters of Minnesota Rules shall be enforced and administered without change by the City as mandatory provisions of the Minnesota State Building Code: A. Chapter 1300 - Minnesota State Building Code B. Chapter 1301 - Building Official Certification C. Chapter 1302 - Construction Approvals D. Chapter 1305 - Amendments to the Uniform Building Code (UBC) (Adoption of the 1994 Uniform Building Code) The adoption of this chapter specifically includes UBC Appendix Chapters: 3, Division I "Detention and Correctional Facilities"; 12, Division II "Sound Transmission Control"; and 29 "Minimum Plumbing Fixtures". The adoption of optional UBC Appendix chapters under section 1305.0020 shall be as indicated in Subdivision 2 of this ordinance. E. Chapter 1307 - Elevators and Related Devices P. Chapter 1315 - Electrical Code (Adoption of 1993 National Electrical Code (NEC)) G. Chapter 1325 - Solar Energy Systems H. Chapter 1330 - Fallout Shelters I. Chapter 1335 - Floodproofing; Except Sections 1335.0600 through 1335.1200 which are optional and shall be enforced as adopted in Subdivision of this ordinance. J. Chapter 1340 - Facilities for the Handicapped K. Chapter U46 - Uniform Mechanical Code L. Chapter 1350 - Manufactured Homes M. Chapter 1360 - Prefabricated Buildings N. Chapter 1365 - Snow Loads O. Chapter 1370 - Storm Shelters P. Chapter 4715 - Minnesota Plumbing Code Q. Chapter 7670 - Minnesota Energy Code ( Note: The above subdivision is based on the State Building Inspector's model ordinance guide. The League, however, is aware that some cities will find it confusing and difficult to keep updated. As an alternative, it should be legally sufficient for the city to eliminate items A through Q and amend the subdivision to read liThe city shall administer all mandatory provisions of the Minnesota State Building Code as amended." This alternative, however, has not been specifically ruled on by the courts. In addition, even though the alternative would result in a shorter ordinance, the full edition as listed might be clearer and therefore easier to enforce as it eliminates the need to always have to track through the building code looking for mandatory versus optional provisions.) Subdivision 2. Optional Enforcement Provisions Adopted. (Note: city must select those provisions which it wishes to enforce.) A. The folloWing chapters of Minnesota Rules, representing optional provisions of the Minnesota State Building Code as provided in Chapter 1300.2900, are hereby adopted by the City without change and shall be enforced and administered by the City as a part of the State Building Code for the City : '. I 2~ I I I I I I " I I I I I I The Special Fire Protection Systems. The city shall enforce (Note: The city must select I either 3(8) or 3(8a) ) Subpart 3(8) "Group M mercantile, S storage or F factory occupancies~ with 2,00 or more gross square feet of floor ~ 1. Chapter 1306 - I r I' ~ 1 I I I I I . I I I I I I ~ I area or three or more stories in height."; subpart 3 (8a) "Group ~ mer<;=antile, S storage, or F factory occupanc~es w~th 5,000 or more gross square feet of floor area or three or more stories in height." 2. Chapter 1310 - Building Security 3. Chapter 1335 - Floodproofing; Sections 1335.0600 through 1335.1200 B. The following Appendix Chapters of the 1994 Uniform Building Code representing optional provisions of the Minnesota State Building , Code as provided in Chapter 1305.0020 of Minnesota Rules, are hereby adopted by the City and shall be enforced and administered by the City without change, except to the extent that the city may adopt revised fee schedules and bonding requirements under USC Appendix Chapter 33, as a part of the State Building Code for the City : 1. use Appendix Chapter 3, Division III - Requirements for Group R, Division 3 Occupancies 2. USC Appendix Chapter 15 - Reroofing 3. USC Appendix Chapter 19 - Protection of Residential Concrete Exposed to Freezing and Thawing 4. USC Appendix Chapter 31, Division II - Membrane Structures 5. USC Appendix Chapter 33 - Excavation and Grading (Note: Remember the City can modify the fee schedule and bonding requirements of this chapter.) Section 2 Application, Administration, and Enforcement. The application, administration, and enforcement of the Minnesota State Building Code in the City shall be in accordance with Minnesota Statutes Chapter 16B and Minnesota Rules Chapters 1300 and 1305. The City Council, pursuant to Minnesota Statutes 16B.65, shall appoint a Building Official who shall attend to all aspects of Building Code administration. Additional members of a City Building Department shall be authorized by the City Council as needed. Organization of the city's Building Department shall be as established by Chapter 1 of the 1994 Uniform Building Code, as amended by Minnesota Rules. The Minnesota State Building Code shall be enforced within the incorporated limits of the City, and within the exterritorial limits permitted by Minnesota Statutes 16B.62. (~: The city does not have to enforce the Building Code in the exterritorial limits. The city should consider all of its options, and should specify the extent of any exterritorial enforcement it elects to enforce, i.e. one mile, two miles, etc.). 'I Section 3 Permits, Inspections, and Pees. Permits shall be issued, I insp.ections conducted, and fees cO.llected as provided for in Minnesot~ Statutes 16B.62, Chapter 1 of the 1994 USC, and Minnesota Rules 1305.0106 and 1305.017. (Note: The city must adopt its own fee 'schedule). - I I I I I I " I I I I I I I -. I Section 4 Surcharqe. In addition to the permit fee required under Section 3 above, the applicant for a building permit shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes 16B.70. Section 5 Repeal. All ordinances in conflict or inconsistent the provisions of this ordinance are hereby repealed. (Note: city knows the specific number of any previous building code ordinance, it should be listed here.) Section 6 Effective Date. This ordinance shall be effective with If the r. I . ~ I I I I I I . I I I I I I I - I -..... -..- -. . .. ..::. .........:. ..... -.... - -...... ~~ (}~ c~.J i4- /Cic;t.f t~ /V~J-ddt. ~ ~ .....-.(5~~ j?~ (k~~~) ~ (.amp1e ordinanl:c) 75111 rno~ I ()r~~ C.k u'f'\lL.;r "Jfo.~. 31q~ OrdlDauce No. AdopCUl.I the MiDa.ota.Stat. Bulldlq Cod. AN ORDINANCE ADOPTING nm MINNESOTA STATE Bun.DING CODE. Tins ORDINANCE: PROVIDES POR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION. ENLARGEMENT, ALTERATION,. REPAIR., MOVING, REMOVAL, DEMOLrnON, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIOHT, AREA, AND MAINTENANCE OF ALL BUll-DINGS AND/OR SnUCTURES IN THlS MUNICIPALITYi PROVIDBS POR THE ISSUANCE OF PERMITS AND COLLECTION OF PEES THEREOP; PROVIDES PENALTIBS FOR VIOLATION 11iER1!OPj R.El'J::ALS ALL ORDINANCES AND PARTS OF ORDINANCES 'mAT CONPUCrTHBRBWlTH. '. '. Thi. mll%licipality does ordain u follows: SectIon!. AppIkatioD,.AdmbIIItratioD and bforcemm&. The application, adml";_tmion, ~ e:n1b0""'- of the code Ihall be In acco:dance with MI~ tule pet 1300.2100 IIld II mMlf;od by chapter 1305. The code Iball be enforced within the cxtmterrltorlal limil.ll pmnittM by Minnesota Itamtc ItSB.62 IUbdlvision 1 when 10 eltAblllbed by thiJ ortllft*"".e. The code enforcement agency ofthi! municipality iJ called the A MinMlKlta certified BuiJdlng 0fI1cla1 mUlt be appointed by thi. jurisdiction to admlft;otcr the code (MlnnetOt& Jtatutc lfiB.6S). S.ction 2. Penn1tI and Fe-. The luuan.ce of permIts and !he collection of fees JbaIl be II authorizeclln Minnesota statute 16B.62 Nbdivision 1 and II provided for in chapter 1 oflbc 1994 Uniform Bid/ding Cod, and MinnClOta rulcs parts 130S.0106 and 130s.o107. J:lcrmit fee. shall be u,eued for work lIovcmcd by this code in accordance with Table No(.). ". of lhI. ordinance. In addition, a surcharie fee slts.Il be collected on all permits iJlUed for work lIove:ned by this code In accordance with MinnClOta 1tatU1e 16B.70. Soc1iOD 3. Vlolatiolll and P.uJti... A violation ofthc code is a misdemeanor (MInnesota I'latutc 168.69). Section 4, BulldlDl Cod.. The Minnesota State Building Code, established pumwlt to Minnesom Statutes 16BJ9 to 16B.7j, la hcreby adopted u the bulldina codc for this juri!ldiction. The code Is hereby Incorporated in this ordinance II if fully let out berein. '. I_-~~- ~4 --..,- . - Paae Two Adoptlve Ordinance. Buildin, Cod. A, The Minnesota State.Bulldlna Code \ncludelllul loUow1n& chapta1 ofMin......... Rules: 1. 2. 3. 4, 1300 1301 1302 1305 5. 1307 IS. 1315 7. 1325 .. 1330 9. 1335 10. 1340 11. .1~ 12. 1350 13. 1360 14, 1365 IS. 1370 16, 4715 17, 7670 Minncaota Buildina Code Buildini OfficM1 Cc1ifiCllltion State Buildlna CollltrllCtion Approval. Adoption of the 1994 Unif'orm Building CoM lDclud!na APP"'lc:tlx Ch8ptcn: .. 3, Civilion I, Dotention IDdComctiOD&! FlCilltia h. 12, Clvillon n, Sound Tr-_I..;"" Ccmtrc1 c. 29, Minimum Plumbiq PixtIna ElevBton and Rclad DcvicoI Adoption of the 199J NtIItD1ttIl1l1<<:trlctJl CDd6 Solar &etsY SyNmI , Fallout Shaltln F'1oodp:oofina Rei',l.tlom Fa.cllttiOl!or the HaDdlcapped Adoption of the 1991 UnJform M.0znJazl CoM Manufacturod Homea Prc!abric.ated BuUdlniJ SDOW Loads Storm Shc1tu1 ~I"--ta P1umbl.l1i Code Minnesota EneriY Code -;. I ~ I I I I '''''-' I '. I fI I I I I . I I .. I B. This municipality may adepthy reference any or III of the following optional appondix c:hapterI oftbe 1994 Untfo,.", 1hd1dbtg Cads u authorlzecl b)' Minnesota rule pet 1305.0020 luhpart 2: 3, Division ill, 1992 Ouc and Two Family DweIllDa Code; IS, Raroofinai 19, Exposed Residential Concrete; 31, Division n, Membnmc S1ructanII; 33, ExcaVlltlOD aDd Oradlni. Thll rouo~ optionAl appendix cb.aptcn of the 199" Ursiform But/d1n8 CIHk me hereby adopted and incorporated as part of'tbe huildina code forthi. municipality. 1. 2. 3. 4. ~. C. This municipality may adopt by Ltlfer6tlCl any or all of the foUowina optional chapten of Minnesota rule: 1306, Special Fire Protection Systems with option 8 (Group M, S, or F occupancies with 2,000 or more arc" square feet) or 8a (Croup M, S, or P occupanclOl \!lith 5,000 or more gross square feet)j 1310, BulldlnS Socurilyj 1335, Ploodproofma regulations pam 1335.0<300 to 1335.1200. I" - /"UI-21-:~ n..E: ee:304 to: TEL-I'(l: I' ~ 1 I I I I I . I I I I I I ~ I '. 1187 4 plJ~ . -, .. ',' Pip Thzw \. Adoptive Or.U..a"Cf . 811I."'1". Code : 1111 tbUowblal optI.....al cbapun of).fl ~1I NIe .. bln1I71lloJDd IDd hIoo.~~ \...... oltbl WI"",,, ooU tar thIa mllZlldpallty. . ~.' 1. 'f. 2. 3. SlctIoD So ,.....ttv. Dat..f()rHwo..... The ~w eWe ofthia 0r<Ih:l... 11 , ..4,-'- SlpecI: 11de: Attest: ntle: Reviewed By: Title: .'"e..... ..' ~~;:...~;~.1"<L -,: . '. .,-;. Jm\W')', 1995. ...~_~~ 6"~ ."~E: ~: 3-l ::): __ .r:" =;;:-..4 ..~ AN ORDINANCE ADOPTINO TIm MINNESOTA ST A TB BUILDINO CODE FOR ACCESSIBII..ITY. THIS ORDINANCE: PROVIDES FOR TIm APPLICATION, ADMINISTRATION. ANt) ENFORCEMENT OF THE MINNESOTA STATE BUILDINO CODE FOR ACCESSIBILITY BY REGULATING THE ERECTION, CONSTRUCTION, ENLAR.OEMENT, ALTERATION, REPAIR, CONVERSION. OCCUPANCY. EQUIPMENT, USE, AND MAINTENANCE OF ALL Sun.DINOS AND STRUCTURES IN TInS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OP PERMITS AND roLLECTION 'OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLA nON THEREOF; . REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES mAT CONFLICT TImREWlTH. . '. J -- I I I I " I I cnl'orcemenl or the code ahall be In accordance with MhlnelOta nile part 1300.2100 and III mntIH~ed by ~ I I .. . I . I -. I (tampl. orciinan~) , Ordlllaace No. Adopda. the MbutalOta Stae. BulldID. Cocl, tor AcceulblUty '. This municipality cloeI ordain u follows: Sacdoa 1. AppU~doa, AclmlabtratlOD aDd bIor~.t. Tbe application, ad.tniniJtnItion, md ebaptet 1305. The cOOe enfcncemcnt apncy ofthlJ municipality II ealled the A Minnesota Certified Building Official must be appointed by \hi! juriedicti.oD to administer the ~ (MlnDoaota statUte 16B.65). SectlOIl1. Permfb aIld PeeL The lssuance ofpennltl and the collection offees shall be u authorized ID l't'fl.....-ota statute 16D.62IUbdivi.alonl and II provided for In chapter 1 of the J994 UrJ/jr)rm Building Cocir 8ndMinnelOta rules parts 1305.0106 and 1305.0107. Permit fees ahall be llseued for work governed by this code In accordan~ with Table No. of this OI.!(""n...... In addition, a surcbarse fee shall be collected on all pt:nnilll ill3ued for work sovemed by this code in accordance with ft,.fln-..ta JtAtUte 16B.70. . Section 3. Vlolatiollllnd PenaJdeI. A violation of the code Is I misdemeanor (Minnesota statute 168.69). .' A17 ..:-.,..... ~-;ll-.'" ~'.E Iile:~ to: TEL. ,G: lIS? 4 I"El6 I 1 I I I I . I I I I I I - I I~ PII' Two .. Adoptive OrdimlDu . B\llldlJlI Cock tar AcceUibWt)' I SICdoD... B~I~ Code far A mlbWty. The }.4'j-101a State BIIil0t41". Cc* fot .A.~..t1bUlty. ,ltabllahed pIII'IUIIll Ul ~..--.. ~llo. 16B.59 to 10.75.1.1 hereby IdopIed u the bulldlna code fur awnlbllit)' iD 1bI.I.......wpollty. Tbe bol'"'''' coddbnr r "oUty II kzlcrtrtn u CbIpter 1340 of }.4'1--1lo Rul.1Dli la ba&'tbr h..clfp . dill tbiI ~1---7 u ltMly ICll CNtbl:ll:m. SIcdosI S. "--_d., om 01 ()rh-e.. 1be ",~.dItc of1b1a ()rdI-1a -.., . ;..".. . 0" . :~. . .;.":.:.~ ~'.. .... '. > Biped: Title:...:-. Attest: Title: 1leviewod B)': Title: JanuarY. 1995 AI8 r,.l.. !~ r " 1 I I I I I '- I I I I I I I ~ I , City of Arden Hills Chapter 9 Buildings and Construction , Chapter 9 Buildings and Construction' Section 900 - Codes 900.01 Building Code.~: See attached memo discussing the updated building code. Please indicate the city's choices to the available option on the attached model and it will be incorporated in this Section. City also indicated that its new building official may have additional changes to the remainder of the Chapter. Original edit markings have been left in this Chapter to aid the new review. Subd. 1 State Building Code Adopted. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16i3.59 through 16B.73 and published in Minnesota Rules Chapter 1300, et.seq. and having been adopted by the City, is hereby confirmed as the building code for the City of Arden Hills, and is incorporated into thiS Code as if set out in full, subject to the specifications set out in this Section: Subd. 2 Mandatory Enforcement Provisions. The following mandatory provisions of the Minnesota State Building Code shall be administered by the City: A. Chapter 1300 - Code Administration 'State law references-Authority to regulate buildings, M.S. ~ 412.221(38); building line easements, building regulations, and hazardous buildings, M.S. Ch. 463 9 - 1 City of Arden Hills Chapter 9 Buildings and Construction B. Chapter 1305 - Building Codes and Standards, including the requirement for certificates of occupancy for Group R, Division 3, and Group M occupancies. (NOTE: Certificates of Occupancy are optional for Group R, Division 3, and Group M occupancies under the Building Code. If the City does not wish to administer this portion of the building code, please change the word "including" to excluding.) C. Chapter 1315 - Electrical Code D. Chapter 1330 - Fallout Shelters E. Chapter 1340 - Facilities for the Handicapped F. Chapter 1346 - Uniform Mechanical Code G. Chapter 1350 - Manufactured Homes H. Chapter 1355 - Plumbing 1. Chapter 1360 - Prefabricated Buildings J. Chapter 1365 - Appendix on Snow Loads 9-2 :1 I ~ I I I I I I -- . . I I I I I .. I 1 I' " I I I I I I Ie I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction K. Chapter 1370 - Storm Shelters L. Chapter 7670 - Minnesota Energy Code (M.S. 216C.19, Subd. 8) M. Uniform Building Code Appendix Chapter 35 - Sound Transmission Control Subd. 3 Optional Enforcement Provisions Adopted. The following optional provisions of the State Building Code are hereby adopted and shall be administered by the City: (Note: the City must select those provisions which it wishes to enforce.) A. Chapter 1310 - Building Security B. Chapter 1335 - F1oodproofing; parts .0300 through .3100 representing sections 200.2 through 1405.3 of the Flood Proofing Regulations (FPR) promulgated by the Office of the Chief Engineers, U.S. Army C. Uniform Building Code Appendix Chapter 1 - Life Safety Requirements for Existing Buildings Other than High Rise Buildings D. Uniform Building Code Appendix Chapter 12, Division 1 - Alterrtate Requirements for Group R, Division 3 Occupancies 9-3 City of Arden Hills Chapter 9 Buildings and Construction E. Uniform Building Code Appendix Chapter 26 - Protection of Residential Concrete Exposed to Freezing and Thawing F. Uniform Building Code Appendix Chapter 38 - Basement Pipe Inlets G. Uniform Building Code Appendix Chapter 55 - Membrane Structures H. Uniform Building Code Appendix Chapter 70 - Excavation and Grading 1. Uniform Building Code Section 3808 - Special Fire Suppression Systems, with Options: 1. Item 8. Group B-2, 2000 or More Gross Square Feet of Floor Area; or, 2. Item 8a. Group B-2, 5000 of More Gross Square Feet of Floor Area. (NOTE: City must adopt either number 1 or 2 above, item 8 or 8a, pursuant to Minnesota Rules, sec. 1305.6905 b, if it adopts this Section of the Code.) Subd. 4 Organization and Enforcement. The organization of the City's Building Department, and enforcement of the State Building Code, shall be as established by Chapter 2 of the Uniform Building Code, as amended. The State Building Code shall be enforced within the incorporated limits of the City and exterritorial limits permitted by Minnesota 9-4 I I " I I I I I I -- . I . I I I I ~ I I ~ I I I I I 1 - 1 I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction Statutes. (NOTE: The city does not have to enforce the Building Code in the exterritorial limits if it so chooses. The city should consider all of its options, and should specify the extent of any exterritorial enforcement it elects to enforce, Le. one mile, two miles, etc.) The Council shall appoint a building official who shall attend to all aspects of Building Code administration. Additional members of the building department shall be authorized by the Council as needed. Subd. 5 Permits, Inspections, and Fees. Permits, inspections, and collection of fees shall be as provided in Chapter 3 of the Uniform Building Code, as amended, and shall be established by resolution of the Councilor as set forth in this Code. Subd. 6 Surcharge. In addition to the permit fee required above, the applicant for a building permit shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statute 16B.70. Subd. 7 Copies of Code. There shall be at least three (3) copies of the building code in the office of the City Administrator. Whenever the State building code, or the Uniform Building Code which is a part thereof, is revised or amended, three (3) copies of each amendment shall be substituted for the original provisions anq become part of the official copies on file with the City Administrator. 900.02 Fire Code. 9-5 City of Arden Hills Chapter 9 Buildings and Construction Subd. 1 Adoption. The Minnesota Uniform Fire Code as now established and hereafter amended by the State fire marshal division of the Minnesota Department of Public Safety in regulations adopted under the authority of Section 299F.Oll of Minnesota Statutes, as amended, and which shall hereinafter be called the "fire code," and which shall include the Uniform Fire Code, as promulgated and amended by the International Conference of Building Officials and the Western Fire Chiefs Association is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the fire code is incorporated in this Code by reference and shall be as much a part of this Code as though it had been set forth here in full. At least two (2) copies of the fire code, shall be marked as official copies and filed in the office of the City Administrator. Subd. 2 Definitions. A. Corporation Counsel. Wherever the term "corporation counsel" is used in the fire code, it shall be deemed to mean the attorney for the City.. B. Jurisdiction. Wherever the word "jurisdiction" is used in the fire code, it shall be deemed to mean the City of Arden Hills. Subd. 3 Enforcement. 9-6 I I ~ I I I I I I eI I I I I I I I ~ I r City of Arden Hills r ~ I 1 1 1 1 I Ie 1 1 I I I I I ~ I Chapter 9 Buildings and Construction A. Enforcing Officer. The chief of the f1re department serving the City, or a representative designated by him or her, shall enforce the provisions of this Subsection and the f1re code. B. Inspector. The chief of the fire department may designate the members of the f1re department as inspectors as he or she shall from time to time deem to be necessary. He or she may recommend to the Council the employment of technical inspectors, who, when the authorization has been made, shall be selected by the Council through an examination to determine their f1tness for the position. The examination shall be open to members and nomnembers of the f1re department, and appointments made after examination shall be for an indefinite term with removal only for cause. Subd. 4 Penalties. Any person who shall violate or fail to comply with any of the provisions of the f1re code or this Subsection, or who shall violate or fail to comply with any order made under the Code and this Subsection, or who shall build in violation of any detailed statement of specif1cations or plans submitted and approved under the Code and this Subsection or any certificate or permit issued under the Code and this Subsection and from which no appeal has been taken, or who shall fail to comply with an order as affirmed or modified by the City Council or by a court of competent jurisdiction shall be guilty of a misdemeanor, and subject to a fine of not more than $700 and/or a jail sentence not to exceed ninety (90) days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy the violations or defects 9-7 City of Arden Hills Chapter 9 Buildings and Construction within a reasonable time;, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal or abatement of prohibited condi- tions. Subd. 5 New Materials, Processes or Occupancies Which May Require Permits. The building inspector, zoning administrator, and the fire chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the fire code. The fire chief shall post a list of the new materials, processes or occupancies in a conspicuous place in his or her office and in the City Hall and shall distribute copies thereof to interested persons. Subd. 6 Establishment of Permit Fees. The City Council may from time to time establish by resolution permit fees for various permits required under the fire code, or by the committee, established in Subd. 5, which fees shall be uniformly and consistently applied to permittees. Subd. 7 Appeals. Whenever the fire chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the fire code or this Subsection do not apply or that the true intent and meaning of the fire code or this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the 9-8 I I ~ I I I . . I -- I I I I I I I -. I I' City of Arden Hills ~ 1 1 1 I 1 I . I I I I I I I ~ I I Chapter 9 Buildings and Construction fire chief to the City Council within thirty (30) days from the date of the decision appealed. Subd. 8 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids and Bulk Storage of Liquefied Petroleum Gases and Storage of Explosives and Blasting Agents Are to Be Prohibited. A. Districts in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks Shall Be Prohibited. The limits referred to in Section 79.501 of the Uniform Fire Code, in which storage of flammable or combustible liquids in outside, aboveground tanks is prohibited, are hereby established as follows: R-1, R-2, R-3 and R-4 residential districts; B-1 and B-2 business districts. ,~' B. Districts ill Which New Bulk Plants for Flanunable or Combustible Liquids Shall Be Prohibited. The limits in which new bulk plants for flammable or combustible liquids, as regulated by Article 79, Division 14 of the Uniform Fire Code, shall be prohibited, are hereby established as follows: R-1, R-2, R-3 and R-4 residential districts; B-1 and B-2 business districts; I-I industrial district. C. Districts in Which Bulk Storage of Liquefied Petroleum Gases Shall Be Prohibited. The limits referred to in Section 82. 105 (a) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gases shall be prohibited, except as allowed by special use . permits heretofore approved and in effect, in accordance with Section VI, E, 10 of the 9-9 City of Arden Hills Chapter 9 Buildings and Construction zoning code, prior to the enactment of this Code, are hereby established as follows: R-l, R-2, R-3 and R-4 residential districts; B-1 and B-2 business districts. D. Districts in Which Storage of Explosives and Blasting Agents Shall Be Prohibited. The limits referred to in Section 77 .106(a) of the Uniform Fire Code, in which storage of explosives and blasting agents shall be prohibited, are hereby established as follows: R-1, R-2, R-3 and R-4 residential districts; B-1 and B-2 business districts; I-I industrial district. Section 910 - Permits 910.01 Permits Required. Subd. 1 Building. No person shall erect, construct, enlarge, alter, repair, remove, convert or demolish any building or structure in the City or cause the same to be done without fIrst obtaining a separate building permit for each such building or'structure from the building inspector, or his or her deputy. Subd. 2 Other Permits. No person shall construct, enlarge, alter, repair, remove, convert, and install any plumbing, gas, heating, air conditioning, refrigeration, and electrical equipment, apparatus, appliances, motors, fixtures, or devices, parking lots, fences, sidewalks and driveways without fIrst obtaining a permit therefor from the particular 9 -10 . . -. I I I I . I - . I I I I I I -- I t. City of Arden Hills I' ~ 1 1 I I 1 1 Ie 1 1 1 1 1 1 1 ~ I Chapter 9 Buildings and Construction inspector, or his or her deputy, under whose jurisdiction the permit is required. 910.02 Exceptions. Permits shall not be required for construction, repair, remodeling, alteration, and maintenance work having a probable cost of less than six hundred dollars ($600.00). This provision shall in no event be applicable to electrical, gas and heating work and water and sewer connections; to proposed work which will alter the structural framework of the existing building or structure; and to work for which permits are specifically required by other portions of this Chapter or other provisions of any other applicable ordinance of the City. The "probable cost" of the proposed work shall be based on the costs of the materials at retail outlets in the Twin Cities area at the time in question, plus the probable labor costs as determined in accordance with costs for hired labor in the particular trade in the Twin Cities area at the time in question. 910.03 Proof of License. Before any permit is issued under the provisions of this Section the applicant shall present his or her license to engage in the work as issued by the State if required by the State, or by the City if required by the City. 910.04 Special Plumbing Insurance. Before any permit shall be issued under the provisions of this Chapter, for plumbing work, the applicant therefor shall present evidence of liability insurance of at least twenty-five thousand dollars ($25,000.00) per person, one hundred thousand dollars ($100,000.00) per accident and twenty-five thousand dollars ($25,000.00) property damage. 9 - 11 City of Arden Hills Chapter 9 Buildings and Construction 910.05 Applications. To obtain a permit as required by this Chapter, the applicant shall fIrst file with the City Administrator an application therefor in writing on a printed form furnished for such purpose. Every application for a building permit shall and every application for any other permit may (in the discretion of the particular inspector, or his or her deputy, under whose jurisdiction the application is being made): A. Identify and describe the work to be covered by the permit for which application is made; B. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or a similar description that will readily identify and definitely locate the proposed building or work; c. Show the use or occupancy of all parts of the building; D. Be accompanied by plans and specifications as required in the next succeeding subsection hereof; E. State the valuation of the proposed work; F. Be signed by the applicant, or his or her authorized agent, who may be required to submit evidence to indicate the authority; and 9 - 12 I I " I I I I I I fII I I I I I I I -. I I ' City of Arden Hills ~ I 1 1 1 1 1 . I I I I I I I . I Chapter 9 Buildings and Construction G. Give any other information as reasonably may be required by the inspector, or his or her deputy, under whose jurisdiction the application is being made. 910.06 Plans and Specifications May Be Required. Subd. 1 Required. With each application for a building permit, and when required by the particular inspector or his or her deputy under whose jurisdiction the application for any other type of permit is being made, two (2) sets of plans and specifications shall be submitted along with the application. The building inspector may require the plans and specifications to be prepared and designed by an engineer or architect licensed by the State to practice as such. Subd. 2 Exceptions. Notwithstanding Subdivision 1 and when authorized by the building inspector, plans and specifications need not be submitted for the following: A. One-story buildings of Type V conventional woodstud construction with an area not exceeding six hundred (600) square feet; B. Group M, Division 1, Occupancies of Type V conventional woodstud construction; and C. Work small and unimportant in his or her estimation. 9 - 13 City of Arden Hills Chapter 9 Buildings and Construction 910.07 Information on Plans and Specifications. Subd. 1 Standards. If required, plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter, the provisions of any other applicable provisions of this Code or any ordinances of the City and ftft-"Other relevant laws, rules and regulations. The first sheet of each set of plans and specifications shall give the house and street address where the work is to be performed and the name and address of the owner and person who prepared them. Plans and specifications shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building inspector, any other inspector, or their respective deputies, may approve references on the plans to a specific Section or part of this Chapter, the provision(s) of any other applicable ordinance, the State building code or other relevant laws or rules and regulations. Subd. 2 Proof of Correctness. Computations, stress diagrams,' and other data sufficient to show the correctness of the plans, shall be submitted when required by the building inspector, other inspectors, or their respective deputies. 910.08 Zoning Considerations. No building permit for the erection, construction or enlargement of a building or structure other than a single-family residence shall be issued by the building inspector until the applicant has followed the proper procedures with respect thereto set forth in 9 - 14 I I -- I I I I I I . I I I I I I I It I r I' ~ I 1 1 I I I III I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction the zoning ordinance and he or she has been authorized to issue the same by the City Council. 910.09 Landscape Performance and Guarantee Bond or Letter of Credit. Subd. 1 Required. In a case where screening, landscaping or other exterior improvement to property other than the principal building itself is required by any other applicable provisions of this Code, plans and specifications as. approved for building or other use of the property, or appropriate Council resolution, a performance bond or letter of credit shall be required as a condition precedent to the issuance of the building permit. The amount of the bond or letter of credit shall be determined by the Council; provided, however, that in no event shall the Council require a bond or letter of credit less than one hundred twenty-five (125) percent of the required improvement as estimated by the landscape inspector or other inspector under whose jurisdiction the improvement falls, or their respective deputies. The bond or letter of credit shall be approved by the City attorney as to sufficiency, form and execution. In requiring the bond or letter of credit, the Council shall stipulate the time within which the performance being bonded or assured is to be carried out. Subd. 2 Inspection. Where the subject of the performance bond or letter of credit has been the installation or placement of landscaping or screening, the bond or letter of credit shall not be released, converted or reduced, until the inspection and reporting requirements of this Section have been fulfilled, and the permittee has posted with the City (or has converted the existing letter of credit) a guarantee or maintenance bond or letter of credit, approved by the 9 - 15 City of Arden Hills Chapter 9 Buildings and Construction City attorney as to sufficiency, form and execution, which guarantees to the City that the landscaping or screening shall be maintained and be free from disease, defect and death for a period of at least one (1) year from the date of the City's approval of the landscaping. The duration of the bond or letter of credit shall be determined by the City Council. In no event shall the amount of the bond or letter of credit be greater than one hundred (100) percent of the actual cost of the landscaping or screening improvement (Le., labor and materials incorporated therein) as determined by the landscape inspector or other inspector under whose jurisdiction the improvement falls, or their respective deputies. 910.10 Issuance. The application and plans and specifications (if required) filed by an applicant for a permit shall be checked by the inspector, or his or her deputy, under whose jurisdiction the application has been made. Such application and plans and specifications; shall also be reviewed by other departments, officials, commissions and committees of the City to check compliance with the provisions of this Chapter and the provisions of any other applicable ordinances under their jurisdiction. If the particular inspector, or his or her deputy, is satisfied that the work described in an application for a permit and the plans and specifications filed therewith conform to the requirements of this Chapter, the provisions of any other applicable ordinances, and other pertinent laws and rules and regulations, and the fee therefor specified herein below has been paid, he or she shall issue the permit to the applicant except as otherwise provided in Subsection 910.08 or 910.09. 910.11 Issuance for Portion of Building. The building inspector may issue a permit for the 9 - 16 1 I ~ I I I I I I -' I I I I I I I -. I r r ~ 1 1 I 1 1 I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Chapter, the provisions of any other applicable ordinances of the City, and any other laws and rules and regulations relevant thereto. The holder of the permit shall proceed at his or her own risk without assurance that the permit for the entire building or structure will be granted. 910.12 Endorsement of Plans, Specifications. When the appropriate inspector issues the permit, he or she shall endorse in writing or stamp on both sets of plans and specifications (if required) by the word" Approved." The approved plans and specifications shall not be changed, modified or altered without authorization from the inspector, and the City Council in the event the City Council originally approved the plans and specifications, and all work shall be done in accordance ': with approved plan and specifications. Any number of buildings may be built from an approved plan, provided that a building permit is obtained within one hundred eighty (180) days of the date of approval, and provided that this Chapter shall not have been changed or modified in any way affecting the plan between the date of the approval and the subsequent issuance of a permit. 910.13 Retention of Plans. Subd. 1 Approved Plans. One set of approved plans, specifications and computations shall be retained by the appropriate inspector for a period of not less than ninety (90) days from the date of the completion of the work covered therein, and one set of approved plans and 9 - 17 City of Arden Hills Chapter 9 Buildings and Construction specifications shall be returned to the applicant, which set shall be kept on the premises on which the work is being performed at all times during which the work authorized thereby is In progress. Subd. 2 Denied Permit. Plans, submitted for checking, for which no permit is issued, and on which no action is taken by the applicant for ninety (90) days, shall be returned to the last known address of the applicant. To renew action on the plans, a payment of a new plan-check fee shall be required. 910.14 Validity. Subd. 1 General. The issuance or granting of a building permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Chapter, the provisions of this Code, or of any other applicable ordinance of the City, or other applicable laws and rules and regulations. No permit pre- suming to give authority to violate or cancel the provisions of this Chapter, the provisions of this Code or of any other applicable ordinances of the City! and any laws and rules and regulations applicable thereto, shall be valid, except insofar as the work or use which it authorizes is lawful. Subd. 2 Corrections. The issuance of a permit based upon plans and specifications shall not prevent an inspector, or his or her deputy, from thereafter requiring the correction of errors 9 - 18 'I <I ~ I I I I I I .. I I I I I I I -. I I_ City of Arden Hills Ie I 1 1 I I I Ie I I I I I I I ~ I r Chapter 9 Buildings and Construction in the plans and specifications or from preventing the work being carried on thereunder when in violation of this Chapter, the provisions of any other applicable ordinances of the City, or any other laws and rules and regulations applicable thereto. 910.15 Display. The permit posting card issued with the permit shall be posted and conspicuously displayed at the job location. In the event a permittee fails to post and display the card, the inspector, or his or her deputy, shall order the stoppage of any work being done pursuant to the permit. Upon the issuance of such an order, the permit shall be suspended until the card is properly posted and displayed and a fee of ten dollars ($10.00) shall have been paid. 910.16 Expiration. Subd. 1 General. Every permit issued under this Section shall expire by limitation and become null and void if the work authorized thereby is not commenced within one hundred twenty (120) days from the date of the permit, or if the work authorized thereby is suspended or abandoned at any time after work is commenced for a period 'Of one hundred twenty (120) days. Moreover, in the case of a permit issued or the new construction of a one- or two-family dwelling, the permit shall expire and become null and void if the dwelling is not completed by the end of two (2) years from the date of issuance of the permit; and in the case of one issued for the construction of additions, alterations or improvements to existing one- or two-family dwellings, and/or accessory structures thereto, the permit shall expire and be- come null and void if the addition, alteration or improvement is not completed by the end of 9 - 19 City of Arden Hills Chapter 9 Buildings and Construction one (1) year from the date of issuance of the pe,rmit. A. The term "completed," as used in this Subdivision, shall mean and include: 1. Completion of all visible exterior construction; 2. Painting, staining or other exterior fInishing; 3. Finishing of driveways and walks; 4. Removal of construction materials, equipment, debris and excess earth; 5. Placement oftopsoil, fInish grading and sodding or seeding of all lawn areas; and 6. F.inish grading of any swales within the established drainage easements necessary to accommodate natural drainage of adjacent properties. Subd. 2 Extensions. The foregoing time limits set in Subd. 1 may be extended by the City Council, provided that a written application for the extension is submitted to the City Administrator or inspector under whose jurisdiction the permit falls prior to the date on which the permit would otherwise expire. The application for the extension shall state reasons for the requested extension. 9 - 20 '. I ~ I I I I I I -- I I I I I I I -- I r I' ~ I I 1 1 1 I Ie I 1 I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction 910.17 Suspension or Revocation. Any permit issued under this Section shall be subject to suspension or revocation by the City Councilor the particular inspector under whose jurisdiction it was issued if there is any unapproved deviation from the work as outlined in the application or in approved plans and specifications. Any such deviation, if under consideration by the Council, may be referred by the Council, prior to its determination, to the Planning Commission for study and recommendation. Any permit shall also be subject to suspension or revocation whenever it is issued in error or on the basis of incorrect information supplied to the City or whenever the permit violates the provisions of any other applicable provision of this Code or ordinances of the City, or any other applicable laws, rules and regulations. Section 920 - Licenses 920.01 Required. No person shall engage in the City in the business of doing or performing any of the various types of work listed in this Section without fIrst obtaining from the City a license therefor as provided in this Section. Such prohibited types of work are as follows: A. The installation, alteration or repair of any heating system, gas appliance, gas piping, refrigeration or air conditioning equipment, low or high pressure steam systems, or any pressure vessel connected to the systems or equipment. B. The installation, alteration or repair of any gas heating or refrigeration system or appliances or devices operated in connection therewith. 9 - 21 City of Arden Hills Chapter 9 Buildings and Construction C. The installation, alteration or repair of wells. 920.02 Exception. Subd. 1 State License. No license shall be required under the provisions of this Section where the work is to be performed and is within the scope or competence of a plumber, electrician, or steamfitter duly and currently licensed by the State, or by another tradesman duly licensed therefor by the State. Subd. 2 Homeowners. Licenses required by the provisions of this Section shall not be required where the subject work is to be performed on a private residence by the resident or the homeowner. 920.03 Application, Investigation. Applications for licenses required by the provisions of this Section shall be submitted to the City Administrator on forms provided by the City Administrator. Such forms shall require information from the applicant as to the education, special training, and experience of the applicant in the performance of the work for which a license is requested. At the discretion of the City Administratoq any application may be referred to the building inspector or other appropriate inspector for investigation and report as to the apparent qualifications of the applicant. All applicants must agree to perform all licensed work in accordance with the laws of the State, provisions of this Code, and other City ordinances. 9 - 22 '. I -- I I I I I I . I I I I I I I -. I r City of Arden Hills I" I- I I I 1 1 I Ie 1 I I I I I I " I Chapter 9 Buildings and Construction 920.04 Bond Required. No license granted under the provisions of this Section shall become effective until the licensee shall have filed with the City Administrator a surety bond in the penal sum of five thousand dollars ($5,000.00), naming the City as obligee thereon, and conditioned that the City shall be held harmless and defended and indemnified against any loss or damage by reason of improper or inadequate work performed by the licensee. In lieu of the bond, the licensee may file a memorandum of public liability and property damage insurance in the amount of at least twenty-five thousand dollars ($25,000.00) for each injury, one hundred thousand dollars ($100,000.00) for all injuries, and twenty-five thousand dollars ($25,000.00) property damage coverage for accidents resulting from work performed by the licensee in the City. The policies shall contain a provision that they will not be canceled during the term of the license without ten (10) days prior written notice to the City. Cancellation of the insurance shall be sufficient cause for revocation of a license granted hereunder, unless the licensee supplies other adequate insurance as provided in this Section, before the expiration of the notice. 920.05 Snspension and Revocation. The City Council shall have the power to suspend or revoke any license granted under the provisions of this Section if work performed by the licensee or under the license of a licensee is found to be improper, defective, or so unsafe as to jeopardize life, health, safety or property. The Council shall give twenty (20) days notice to the licensee of intent to suspend or revoke the license, and shall give the licensee an opportunity to be heard before the revocation or cancellation. All notices under this Section shall be sent to the address of the licensee as shown by the City records, and the license may be suspended or revoked five (5) days after the date of the hearing provided. At the discretion of the Council a license may be 9 - 23 City of Arden Hills Chapter 9 Buildings and Construction suspended until defective or unsafe work is adequately repaired, or the license may be revoked outright by the Council. License fees shall not be refunded on suspension or revocation for cause as provided herein. Section 930 - Inspectors 930.01 Appointment; Deputies. The City Council shall at its fIrst meeting in each calendar year appoint a building inspector, an electrical inspector, a plumbing inspector, a heating inspector and a landscaping inspector, each of whom shall serve at the will and pleasure of the City Council. The City Council may from time to time appoint at least one deputy for each inspector who shall serve as an assistant to the inspector at the will and pleasure of the City Council. 930.02 Qualifications: Subd. 1 Building. The building inspector shall have a thorough understanding of the State building code and in particular the Uniform Building Code, as amended, and of the provisions of this Chapter and all other ordinances which he or she is charged with enforcing and administrating. The building inspector shall have at least five (5) years' experience as a building inspector, architect, structural engineer, or a construction superintendent; and must be certified by the State. Subd. 2 Electrical. The electrical inspector shall be a competent electrician who shall have 9 - 24 '. I -. I I I I I I eI I I I I I I I -. I r I . " I I 1 I I I . I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction at least two (2) years experience as a journeyman or master electrician. The electrical inspector shall be well versed in approved methods of electrical construction, the provisions of the State building code relating to electrical work, the provisions of this Chapter and all other ordinances which he or she is charged with enforcing and administrating, the rules and regulations of the Minnesota Industrial Commission, and the rules and regulations of the National Electrical Safety Code. The electrical inspector shall be licensed as an electrician pursuant to pertinent subdivisions of M.S. Section 326.242, as amended. Subd. 3 Plumbing. The plumbing inspector shall be a competent plumber who shall have at least two (2) years experience as a journeyman or master plumber. The plumbing inspector shall be well versed in approved methods of plumbing installation and inspection, the provisions of the State building code relating to plumbing work! and the provisions of this Chapter and all other ordinances which he or she is charged with enforcing and administrating, and the rules and regulations of the Minnesota Industrial Commission. The plumbing inspector shall be licensed as a plumber pursuant to pertinent provisions of M.S. Section 326.37 et seq., as amended, and regulations promulgated by the State Board of Health. Subd. 4 Heating. The heating inspector shall have a general knowledge of all types of heating apparatus, equipment and installation and shall be well versed in approved methods of heating inspection, the provisions of the State building code relating to heatingl and the provisions of this Chapter and other ordinances which he or she is charged with enforcing and 9 - 25 City of Arden Hills Chapter 9 Buildings and Construction administrating. Subd. 5 Landscape. The landscape inspector shall have at least two (2) years experience as a landscape architect, nurseryman, or horticulturist and shall be well versed in varieties of plant materials and their proper implantation, arrangement and maintenance. Subd. 6 Deputies. Each deputy inspector appointed by the City Council shall have the same qualifications as those established for the inspector for whom he or she was appointed to serve as an assistant; provided, however, that the City Council may waive those qualifications which it deems advisable and in the public interest. 930.03 Conflict of Interest. No inspector, or his or her deputy, shall have a [mancial interest in any concern engaged in a business within the City and within his or her respective field. 930.04 Enforcement and Administration. Each inspector, and his or her deputy, shall be authorized and directed to enforce and administer all the provisions of this Chapter and the provisions of any other City ordinance in his or her respective field. For such purpose, each inspector, and his or her deputy, shall have the powers of a police officer. 930.05 Reports and Records. Subd. 1 Annual Reports. Each inspector shall submit a written report to the City 9 - 26 1 -. -. I I I I I I -- I I I I I I I -. . t 1- ft I I I I I I Ie I I I I I I I ft I City of Arden Hills Chapter 9 Buildings and Construction Administrator not less than once a year, covering his or her work during the preceding period. He or she shall incorporate in the report a summary of his or her recommendations as to desirable amendments to this Chapter and any other ordinances of the City. Each inspector shall keep accurate written records of his or her work. Subd. 2 Additional Reports. The City Administrator may require each inspector to make written reports on a regular and recurring basis. The City Administrator shall keep a permanent, accurate account of all fees and other moneys collected and received under this Chapter, the names of persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. 930.06 Right of Entry. Subd. 1 General. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter or the provisions of any other applicable ordinance of the City or whenever an inspector, or his or her deputy, has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes the building or premises unsafe as defmed in this Chapter, the inspector, or his or her deputy, may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this Chapter, provided that if the building or premises be occupied, he or she shall first present proper credentials and demand entry; and if the building or premises be unoccupied, he ~hall ftrst make a reasonable effort to locate the owner or other persons 9 - 27 City of Arden Hills Chapter 9 Buildings and Construction having charge or control of the building or premises and demand entry. If the entry is refused, the inspector, or his or her deputy, shall have recourse to every remedy provided by law to secure entry. Subd. 2 Duty of Owner or Occupant. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as provided in this Section, to promptly permit entry therein by the inspector, or his or her deputy, for the purpose of inspection and examination pursuant to this Chapter and the provisions of any other applicable ordinance of the City. Any person violating this Subsection shall be guilty of a misdemeanor. 930.07 Judgment. Each inspector, or his or her deputy, shall pass upon all questions relating to strength, durability, appearance and general workmanship of the installation, work, building, structure or premises inspected by him or her. 930.08 Safety Tests. Each inspector, or his or her deputy, may make the tests or order such tests to be made as he or she may deem necessary to determine the safety of the condition of any installation, material, machinery, building, structure, premises or part thereof which is his or her duty to inspect pursuant to this Chapter or the provisions of any other applicable ordinance of the City. 930.09 Mandatory Repairs. Each inspector, or his or her deputy, may cause the repair or 9 - 28 I ~ I I I I I I -- I I I I I I I -. I r I" " I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction reconstruction of any installation, material, machinery, structure, building, premises or part thereof which is dangerous or unsafe to persons or property, and the cost thereof may be recovered by the City from the owner. 930.10 Stop Orders. Whenever any building work is being done contrary to the provisions of this Chapter or the provisions of any other applicable ordinance of the City, the inspector, or his or her deputy, within whose jurisdiction the work is being done, may order the work stopped by notice in writing served on any person engaged in the doing or causing the work to be done, and any such person shall stop the work until authorized by the inspector, or his or her deputy, to proceed with the work. 930.11 Liability. Each inspector, or his or her deputy, charged with the administration and enforcement of this Chapter and any other provisions of this Code or of any other applicable ordinances of the City, acting in good faith and without malice for the City in the discharge of his or her duties, shall not thereby render himself or herself personally liable, and he or she shall be relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against an inspector, or his or her deputy, because of the act or omission performed by him or her in the enforcement and administration of any provisions of this Chapter and any other applicable provisions of this Code or other ordinance, shall be defended by the City attorney until final termination of the proceedings. 9 - 29 City of Arden Hills Chapter 9 Buildings and Construction 930.12 Cooperation of Inspectors and other Officials. Each inspector, or his or her deputy, may request and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other inspectors, their deputies, and other officials of the City. Section 940 - Inspections and Findings 940.01 Required. All construction or work for which a permit is required shall be subject to inspection by the appropriate inspector in the manner and at the stages specified for each such inspector in the applicable code made a part of and incorporated in the State Building Code. Certain types of construction shall have continuous inspection as specified in this Chapter. A survey of the lot may be required by the building inspector to verify compliance of the structure or building with approved plans and specifications. 940.02 Inspection Record Card. Work requiring a building permit shall not be commenced until the permittee or his or her agent shall have posted an inspection record card in a conspicuous place on the front of the premises and in such position as to allow the'building inspector and other inspectors conveniently to make the required entries on the premises for inspection of the work. This card shall be maintained in such position by the permittee until the certificate of occupancy has been issued. 940.03 Approvals Required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written 9 - 30 I I ~ I I I I I I - I I I I I I I -. I r I- ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction approval of the building inspector or other inspector under whose jurisdiction the work is being performed. Written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in applicable codes made a part of and incorporated in the State building code or as specifically set forth in this Chapter. 940.04 Required Inspections. The building inspector, upon notification from the permittee or his or her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permittee or his or her agent why the portion fails to comply with this Chapter, other applicable provisions of this Code, or any other applicable laws and rules and regulations. Subd. 1 Foundation. Foundation inspections shall be made after trenches are excavated and forms are erected and when all materials for the foundation are delivered on the job. Where concrete from a central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job. Subd. 2 Frame. Frame inspections shall be made after the roof, all framing, fire-blocking, and bracing are in place and all pipes, chimneys and vents are complete. Subd. 3 Lath and/or Wallboard. Lath and/or wallboard inspections shall be made after all lathing and/or wallboard, interior and exterior, is in place; but before any plaster is applied 9 - 31 City of Arden Hills Chapter 9 Buildings and Construction or before wallboard joints and fasteners are taped and finished; provided, however, that this inspection may be omitted for buildings of Occupancy Groups I and J. 940.05 Special Inspections. Subd. 1 Required. In addition to the inspections to be made as specified in this Section 940.04 and in the codes made a part of and incorporated in the State building code, the permittee or his or her agent shall employ a special inspector who shall be present at all times during cons'truction on the following types of work: A. Concrete. On concrete work when the structural design is based on a f'c in excess of 2,000 pounds.~: It is not clear what is meant by fc. Is this a technical reference? Trying to track original ordinance to check for typo. B. Masonry. On masonry work when required in Chapter 24 of the Uniform Building Code, as amended. C. Welding. On all structural welding. D. Reinforced Gypsum Concrete. On cast-in-place Class B reinforced gypsum concrete when it is being mixed or deposited. 9 - 32 1 I -. I I I I I I -- I I I I I I I -- I ". I- ~ I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction E. Special Cases. On special construction or work involving unusual hazards or requiring constant inspection; provided, however, that the building inspector may waive the requirement for the employment of a special inspector if he or she finds that the construction or work is such that no unusual hazard exists. Subd. 2 Inspector. The special inspector shall be a qualified person approved by the building inspector. He or she shall furnish continuous inspection on the construction and work requiring his or her employment. He or she shall report to the building inspector in writing, noting all violations of this Chapter, and the provisions of any other applicable ordinance of the City, and any other applicable laws and rules and regulations, and other information as required. Subd. 3 Exceptions. Special inspections required by this Section, and elsewhere in this Chapter, shall not be required where the work is done on the premises of a fabricator approved by the building inspector to perform the work without special inspection. The certificate of approval shall be subject to revocation by the building inspector if it is found that any work done pursuant to the approval thereof is in violation of this Chapter, the provisions of any other applicable provisions of this Code or ordinances of the City, or any other applicable laws and rules and regulations. 940.06 Other Inspections. 9 - 33 City of Arden Hills Chapter 9 Buildings and Construction Subd. 1 Order of Building Inspector. In addition to the called inspections specified in Section 940.04 and 940.05, the building inspector may make or require any other inspections of any construction work to ascertain compliance with the provisions of this Chapter, the provisions of any other applicable ordinances of the City, and any other laws and rules and regulations. For the purpose of determining compliance with Section 104(h) of the Uniform Building Code the building inspector may cause any structure or building to be reinspected. Subd. 2 Exterior Improvements. A. With respect to any screening, landscaping, planting or other exterior improvements required in connection with the construction of a principal building for which a performance bond or letter of credit has been filed with the City the landscape inspector or other inspector under whose jurisdiction the improvement falls, or their respective deputies, shall conduct the inspections and reinspections as are necessary to ascertain compliance with the particular plans and specifications therefor, or requirements of any other applicable ordinances, resolutions, or special use permits or other permits of the City relating thereto. B. Before the performance bond or letter of credit can be released, a final inspection by the appropriate inspector, or his or her deputy, shall have been made and a written report containing his or her final approval of the improvement, stating the actual cost thereof, and recommending the amount of any replacement guarantee or maintenance bond or 9 - 34 '1 I ~ I I I I I I . I I I I I I I ~ I I' City of Arden Hills I- I I I I I I Ie I I I I I I I ~ I i" Chapter 9 Buildings and Construction letter of credit shall have been submitted to the City Administrator. Nothing in this Subdivision shall be deemed to preclude the appropriate inspector from making interim inspections and reports nor the Council from allowing interim reductions in the amount of the performance bond or letter of credit if it deems the reduction to be advisable. 940.07 Electrical Inspections. In addition to and notwithstanding the foregoing provisions relating to inspections, all electrical inspections shall be subject to and governed by the procedures and requirements therefor set forth in Rules Elec 1 and 2 of Chapter 01 of the Laws and Rules Regulating Licensing of Electricians and Inspection of Electrical Installations, as now constituted and as hereafter amended. 940.08 Reinspections. Subd. 1 Fee. A reinspection fee, as provided in this Chapter may be assessed for each inspection or reinspection when the portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may also be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building inspector or any other inspector. This section shall not be interpreted as requiring reinspection fees the first time a job is 9 - 35 City of Arden Hills Chapter 9 Buildings and Construction rejected for failure to comply with the requirements of this Chapter, any other applicable provisions of this Code, or any other applicable laws and rules and regulations, but as controlling the practice of calling for inspections before the job is ready for the inspection or reinspection. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. Subd. 2 Application. To obtain a reinspection, the original applicant shall file an application for reinspection in writing upon a form furnished for that purpose, and pay the reinspection' fee as provided in this Chapter. 940.09 Final Inspections. There shall be a final inspection and approval of aU buildings and structures when completed and ready for occupancy. 940.10 Concealing Framework. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the building inspector. 940.11 Certificates of Occupancy. Subd. 1 Required. No building or structure in Groups A, B, E, H and I and Group R shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building inspector has issued a certificate 9 - 36 '1 I ~ I I I I I I -- I I I I I I I -. I I.. I I i- I- I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction of occupancy therefor as provided in this Section. In no event shall the certificate be issued until the building inspector has determined that all construction has been completed, or extension has been granted by the City Council. Subd. 2 Issuance. After final inspection, when it is found that the building or structure complies with the provisions of this Chapter, any other applicable provisions of this Code; and any other applicable laws, rules and regulations, the building inspector shall issue a certificate of occupancy which shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of that portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this Chapter for group and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building inspector. (Ord. No. 191, ~ 12(c), 8-11-75) Subd. 3 Temporary Certificate. A temporary certificate of occupancy may be issued by the building inspector for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. 9 - 37 City of Arden Hills Chapter 9 Buildings and Construction Subd. 4 Display. The certificate of occupancy issued under the provisions of this Subsection shall be posted in a conspicuous place on the premises and shall not be removed except by the building inspector. 940.12 Change in Use. Changes in the character or use of a building or structure shall not be made except as specified in Section 502 of the Uniform Building Code, as amended and shall receive a new certificate of occupancy. 940.13 Unsafe Buildings. All buildings, structures or premises which following inspection are found to be structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, deterioration, obsolescence, fire hazard, disaster damage, or abandomnent, as specified in this Chapter or the provisions of any other applicable ordinance of the City, are, for the purposes of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in the Uniform Building and Fire Codes and M.S. Chapter 463 for the abatement of dangerous buildings or by any other procedures provided by law. 940.14 Occupancy Violations. Whenever any building, structure or premises are being used contrary to the provisions of this Chapter or the provisions of any other applicable ordinance of 9 - 38 'I -I -I I I I I I I eI I I . I I I I -- I l- Ie I I I I I I '- I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction the City, the building inspector, or his or her deputy, may order the use discontinued and the building, structure or premises, or portion thereof, vacated by written notice served on any person causing the use to be continued. Such person shall discontinue the use within ten (10) days after receipt of the notice or make the structure, or portion thereof, comply with the requirements of this Chapter and any other applicable provision of this Code; provided, however, that in the event of an unsafe building the provisions of Subsection 940.13 shall apply. Section 950 - Fees 950.01 Valuation. The determination of value or valuation under any of the provisions of this Chapter shall be made by the building inspector. The valuation to be used in computing the permit and plan-check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment. 950.02 Building Permit. The fee for each particular building permit shall be as required in a resolution from time to time adopted by the Council and shall be based upon the value of the structure to be constructed. The fee shall be paid to the City Administrator. 950.03 Plan-Checking Fees. Subd. 1 Established. When the valuation of the proposed construction exceeds one thousand 9 - 39 City of Arden Hills Chapter 9 Buildings and Construction dollars ($1,000.00), and a plan is required to be submitted a plan-checking fee shall be paid to the building inspector at the time of submitting plans and specifications for checking. The plan-checking fee shall be paid to the City Administrator at the time of submitting plans and specifications for checking. The plan-checking fee for buildings of all occupancy types, with the exception of buildings of Groups Rand M Occupancies for which there shall be no plan-checking fees charged, shall be one-half of the building permit fees. Subd. 2 Additional Fee. Where plans are incomplete, or changed so as to require additional plan-checking, an additional plan-checking fee shall be charged at a rate established by the building inspector. Subd. 3 Subsequent Plan-Check Fee. Applications for which no building permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the building inspector. The building inspector may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan-checking fee. 950.04 Reinspection Fee. Except as elsewhere provided in this Code to the contrary, whenever it becomes necessary for any inspector, or his or her deputy, to reinspect any work found to be 9 - 40' 'I -I ~ 1 I I I I I -' I I I I I I I -. I - , - I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction faulty or defective during an earlier inspection, the reinspection fee as shall be from time to time adopted by Council resolution, shall be paid by the permittee. 950.05 Permit Fees for Miscellaneons Construction Permits. The permit fees for the following types of miscellaneous construction permits shall be as from time to time established by Council resolution: 1. Demolition, wrecking, relocation and moving permits; 2. Fence construction permits; 3. Sidewalk, parking lot and driveway construction permits; 4. Electrical installation permits; 5. Plumbing installation permits; 6. Gas installation, alteration or addition permits; 7. Gas and oil burner installation, alteration or repair permits; 8. Steam, hot water or warm air heating installation, addition or alteration permits; 9. Incinerator installation permits; 10. Air conditioning and refrigeration installation, alteration and repair permits; 11. Ventilation installation, alteration or repair permits; and 12. Sheet metal installation permits. 950.06 Double Permit Fee Penalty. Any person who shall commence work of any kind for which a permit is required by this Chapter, the provisions of any other applicable provision of this 9 - 41 City of Arden Hills Chapter 9 Buildings and Construction Code or ordinance of the City, or other applicable laws, rules and regulations wjthout first obtaining the necessary permit therefor shall, when subsequently securing the permit, be required to pay double the fee required for the permit. 950.07 Landscaping and Screening Inspection Fees. Where screening, landscaping, planting or other exterior improvement to property other than the principal building itself is required, the permittee shall be required to pay the landscape inspection fee as is established from time to time by Council resolution. Section 960 - Water Wells 960.01 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: Subd. 1 Drawdown. "Drawdown" shall mean the change in surface elevation of a body of water as the result of the withdrawal of water therefrom. Subd. 2 Glacial Drift. "Glacial Drift" shall mean an assemblage of deposits left by the melting of an ice sheet or glacier. It is composed of an accumulation of unstratified material of all sizes which formed at the margin of the ice. 9 -42 "I 1 -, , I I I I I -- I I I I I I I -. I ! i- ,- I I I I I I I . I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction Subd. 3 Grout. "Grout" shall mean a thin mortar consisting of portland cement and water or portland cement, sand and water in the following proportions: A. One sack cement to four and one-half (4'h) to five and one-half (5th) gallons of water. B. One part cement, one part clean sand and four and one-half (4th) to six (6) gallons water. The sand grout shall be used only where abnormal loss of grout to crevices or faults occurs. Subd. 4 Log. "Log" shall mean a chronological record of the soil and rock formations encountered in the operation of drilling a well, with either their thickness, or the elevation of the top and bottom of the formation given. It also includes statements as to the composition and water bearing characteristics of each formation. Subd. 5 Porosity. "Porosity" shall mean an index of the void characteristics of a soil as it pertains to percolation. Subd. 6 Turbidity. "Turbidity" shall mean a condition of a liquid due to fine visible material in suspension, which may not be of sufficient size to be seen as individual particles by the naked eye but which prevents the passage of light through the liquid. 9 - 43 City of Arden Hills Chapter 9 Buildings and Construction Subd. 7 Yield. "Yield" shall mean the quantity of water flow (gallons per minute or per hour) which can be collected (pumped) from the well. 960.02 Purpose. The provisions of this Section have been enacted for the benefit and protection of property owners as well as the public. Each and every contract for the performance of work of a type regulated by this Section shall by implication include a covenant on the part of the one who is to perform the work that, except to the extent that compliance with this Section has been modified or waived, the work shall be performed strictly in accordance with the applicable provisions of this Section. 960.03 Inspections. The plumbing inspector shall be charged with the responsibility of conducting regular inspections upon the construction or major reconstruction of all wells within the City. Such inspections shall be made as frequently and as extensively as, in his or her opinion, are necessary to obtain strict compliance with the provisions of this Section. In any situation where the plumbing inspector has a serious doubt as to the proposed location of a well or the type of construction ofa well, he or she shall prohibit all further work on the proposed well for a period of not to exceed thirty (30) days, and within the thirty (30) day period the plumbing inspector shall make appropriate inquiry with the State Department of Health to determine whether the proposed construction or location constitutes a health menace. Within the thirty (30) day period the plumbing inspector shall take final action with reference to the proposed well, either by withdrawing the temporary suspension or by requesting that the Council revoke the permit. 9 - 44 --I -I _I I I I I I I eI I I I I I I I -. I " - I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction 950.04 Variances. In the event that the plumbing inspector determines that strict application of the provisions of this Section would constitute a hardship to the particular property owner, and that the provisions of this Section could be relaxed in the particular case presented without endangering the public health and without permitting the creation of an unsafe water supply, then the plumbing inspector shall so report to the City Council, and request Council action to relax the appropriate requirements for the individual case. Upon the application and report, after such further inquiry and investigation as the Council deems advisable~ the Council may waive any requirements of this Section in a particular case, upon the standards and further reasons set forth in this Section. 960.05 Disposal Wells Restricted. The construction of a well for the purpose of disposing of any liquids, including surface waters, air conditioning, or commercial wastes shall be prohibited in the City unless a plan of disposal prepared by a registered engineer and approved by the State. Board of Health is fIrst presented to the plumbing inspector. 960.06 Permits. Subd. 1 Required. A permit shall be required for the construction of a new well or for any major reconstruction of an existing well in the City, Subd. 2 Defmition. For the purposes of this Section, the words "major reconstruction" shall 9 - 45 City of Arden Hills Chapter 9 Buildings and Construction mean any deepening of an existing well to at least the next deeper stratus. Subd. 3 Application. Applications for permits required by the provisions of this Chapter shall be made in writing upon printed forms furnished by the City Administrator for such purposes. Subd. 4 Fee. The owner of the subject property or his or her agent shall obtain a permit required by the provisions of this Section from the City Administrator, and shall pay the fee as has been established in a resolution adopted by the Council from time to time before the issuance of the permit. Subd. 5 Duration. Permits required by the provisions of this Subsection shall be valid for a period of ninety (90) days from the date of issuance. 960.07 Specifications for Commercial Wells. All commercial wells shall comply with the requirements of the State Department of Health for public water supplies. 960.08 Location. Subd. 1 Flooding. Wells shall be located in such a manner as to minimize as far as possible the possibility of flooding. The top of the well shall be constructed and located in such manner as to place it above all possible sources of pollution. No well shall be constructed or 9 - 46 "1 -I _I 1 I I I I I eI I I I I I I I -. I -- I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction located within three (3) feet of the outside basement wall of a dwelling, nor shall a well be constructed or located within fifteen (15) feet of a property line. The outside basement footing shall be continuous across the opening of the well alcove. Subd. 2 Contamination to Be Avoided. Each individual water supply system or well shall be located and constructed in such manner, consistent with the provisions of this Section as to prevent contamination of its water supply by any existing sewage disposal system or sewage disposal systems that may reasonably be anticipated in the future, and to minimize as far as possible the possible contamination of the well from all possible external sources within the geological strata surrounding the well. In all cases a well shall be located in such manner as to provide the following minimum distances between the well and possible sources of contamination: 1. Buried or concealed extra heavy cast iron sewer or drain lines with lead caulked, air tested joints-20 feet; 2. Vitrified clay or concrete sewers or cast iron sewers not of construction described above, septic tanks, or drain fields-50 feet; 3. Dry wells, seepage pits, cesspools-75 feet. Subd. 3 Installation in Pit. No well shall be installed in a pit below the surface of the 9 - 47 City of Arden Hills Chapter 9 Buildings and Construction ground unless the well pit is an alcove opening directly into the main basement area of the building being served by the well. The well pit floor shall be constructed according to the requirements of pump room floors outlined in this Section. 960.09 Contaminated Strata Unsatisfactory. Any water-bearing formation yielding water which is contaminated, as evidenced by the presence of chemicals or bacteria of sewage origin, shall be regarded as unsatisfactory for well development. 960.10 Termination in Specific Strata Prohibited. No well construction shall terminate in the Decorah Shale, Platteville Limestone or Shakopee-Aneota Dolomite. No existing well shall be increased in depth to terminate in those formations. 960.11 Minimum Diameter. The minimum diameter of any finished well casing shall be four (4) inches. Well casings shall be constructed of welded or coupled steel or wrought iron and shall conform to the following specifications for weight and thickness. Diameter Weight per lineal foot with threads and couplings Well Thickness 4" 5" 6" 8" 10" 12" .237 inches .258 inches .280 inches .322 inches .365 inches .375 inches 10.98 Ibs. 14.8 Ibs. 19.451bs. 29.35 Ibs. 41.85 Ibs. 51.15 Ibs. 9 - 48 0'1 '1 -, I I I I I I eI I I I I I I I ~ I e I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 9 Buildings and Construction 960.12 Minimum Depth. The casing of any well constructed entirely in unconsolidated earth formations shall extend to a depth of at least one hundred (100) feet below established ground level or through the first impervious soil formation encountered, whichever is shallower, but in no event less than seventy-five (75) feet deep, and at least twenty (20) feet below expected pumping level (level below ground level to which the water surface is lowered in the well during pumping). Where a water-bearing formation is encountered during well construction at a depth which satisfies these minimum requirements, the acceptability of the formation for well development shall be based on the satisfactory results of analysis of the water by a competent laboratory . 960.13 Minimum Supply. All wells for domestic use constructed in the City shall be constructed. in such manner as to produce a minimum initial supply of nine hundred (900) gallons of sand free water per hour. . 960.14 Pump, Equipment Standards. The pump and other equipment installed on wells in this City shall conform to the following minimum standards: A. Pump and equipment shall be designed to assure a pollution-proof and frost-proof installation. B. The pump base shall be constructed as to permit installation of a watertight mounting. 9 - 49 City of Arden Hills Chapter 9 Buildings and Construction C. A well seal shall be used. Such well seal shall be of simple construction, easily installed, removed and reinstalled should it become necessary to remove the drop pipe for repair. D. The top of the well casing shall be a minimum of eighteen (18) inches above the basement floor level and the seal shall be so constructed and installed as to maintain its watertight feature, should flooding occur. The pump room floor shall be at least six (6) inches above the surrounding grade and the concrete platform shall be minimum of four (4) inches above grade at the edge. E. Suction lines installed through the well casing, or where otherwise installed less than ten (10) feet below grade, shall be provided with an outer protective casing. The protective casing shall be set watertight into the well casing. The suction line shall be caulked into the protective casing to provide a watertight joint which will permit easy removal. The suction line shall slope upward toward the pump. Where a suction line is brought into a basement from a well located some distance from the basement, the pump shall be located at least eighteen (18) inches above the basement floor. F. Provisions shall be made in the well seal for future measurements of static and pumping levels. 960.15 Chlorination. After fmal installation of the pumping equipment, the well shall be pumped 9 -50 "1 'I _I 1 I I I I I el I I I I I I I e, I e I I Ie I I I I I I '. I I City of Arden Hills Chapter 9 Buildings and Construction continuously until the water is free of turbidity, then chlorinated heavily in accordance with the following procedure: A. Introduce into the well one pound of high test [seventy (70) percent or equivalent] calcium hypochlorite (chlorinated lime) by scattering same over the surface of the water in the well so that the powder will sink to the bottom, thereby permeating the supply. B. If powder cannot be introduced directly, then mix one pound of calcium hypochlorite high test [seventy (70) percent or equivalent] with five (5) gallonS of water and pour the mixture into the well. C. Allow the chemical to remain in the well for at least twelve (12) hours, then pump to . waste until the odor and taste of the chemical have practically disappeared. D. Where calcium hypochlorite tablets meeting the above requirements are used, they shall remain in the well for a minimum period of forty-eight (48) hours before it is pumped to waste as described above. E. Wells larger than four (4) inches in diameter require proportionally larger doses of the chemical for chlorination but shall not have a concentration of applied solution less than one hundred fifty (150) parts per million for twelve (12) hours. 9 - 51 City of Arden Hills Chapter 9 Buildings and Construction 960.16 Pumping Test. Upon completion of drilling a well a pumping test of sufficient duration to determine the yield and maximum drawdown shall be conducted. Within fifteen (15) days after inspection of the well, the permit holder shall fIle an affidavit with the City Administrator setting forth the results of the pumping test, the capacity of the well, the pumping level, the depth of casing from grade and length and size of screen if one is used. 960.17 Log. A geological log of the formations encountered in drilling each well shall be kept by the driller. A copy of the log, typed on eight and one-half (81/2) by eleven (11) inch paper shall be filed along with the well affidavit and the log shall specifically state where impervious formation is encountered. Failure to provide accurate information with respect to such formations shall constitute a violation of this Section. 960.18 Daily Record of Water Level. In addition to other documents required, the driller of a well shall file with his or her log and affidavit a report indicating the daily record of the water level in the well during the course of the drilling. 960.19 Sealing Certain Wells. Where a well is drilled to terminate in the St. Peter Sandstone or the Jordan Sandstone, the overlying formations shall be sealed off. In the case of a well finished at a diameter offour (4) inches and extending through the Platteville Limestone, this shall be accomplished by installing a minimum five (5) inch diameter casing from the surface through the glacial drift and into the Platteville Limestone. A nominal five (5) inch (minimum) open hole shall then be drilled through the undesirable formations and at least twenty (20) feet into the 9 - 52 "1 '1 _I 1 I I I I I el I I I I I I I -I 1 " Chapter 9 Buildings and Construction City of Arden Hills " . I I I I I I' I continuous nonfaulty consolidated St. Peter Sandstone and/or at least twenty (20) feet below the pumping water level whichever is lower. A minimum four (4) inch liner shall then be installed from the surface to the bottom of the five (5) inch hole, and the bottom ten (10) feet shall be grouted in place. The nominal four (4) inch open hole shall be continued into the waterbearing formation such distance as is necessary to provide the required water supply. In case of wells larger than four (4) inches, all other component parts of the well shall be constructed proportionately. Section 960 - Violation and Penalty 960.01 Violations. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this Chapter. Violation of any portion of this Chapter shall be a misdemeanor and upon conviction, any violator shall be subject to a fme of up to $700 and/or a jail sentence not to exceed 90 days. 9 - 53 I Chapter 10 Utilities ,. City' of Arden Hills I' ~ I I I I I I . I I I I I I ~ I Chapter 10 Utilities' Section 1000 - Water" ~: No changes have been submitted for this chapter, but a note indicates that fees are being discussed. 1000.01 General Operation and Administration. Subd. 1 Public Utility. The City water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Section. Subd. 2 Generlu Administration. The general administration of the water system shall be under the direction and control of the commissioner of public works, who shall report to the Council upon request of the Council. The commissioner of public works is hereinafter referred to as the commissioner. He or she shall be authorized to appoint representatives, either salaried or nonsalaried, to discharge the duties provided by this Section and such other responsibilities as may arise in administration of the water system. The City Administrator shall be promptly and fully advised as to the appointment of the 'State law references-Utilities, M.S. ~ 412.321 et seq.; municipally owned utilities, M.S. Ch. 452; waterworks, sewers; drains, storm sewers, M.S. Ch. 444. "State law references-Waterworks, M.S. Ch. 444, authority to provide for waterworks, M.S. ~ 412.221(11); sewer and water connections, M.S. ~ 412.221(31). 10 - 1 City of Arden Hills Chapter 10 Utiliti'es representatives. Subd. 3 Records. The City Administrator shall be responsible for the keeping of records relating to the water system, including records of permits and finances in connection therewith, but shall report thereon to the commissioner. Subd. 4 Engineer. The City engineer shall perform the duties provided for him or her in this Section and shall provide additional consultation and advice as the commissioner shall request from time to time. Subd. 5 Private Wells. References in this Section to the water system shall not be deemed to apply to privately-owned wells unless the language used specifically requires such application. 1000.02 Use of Water Restricted to Authorized Persons. No person shall make, construct, or install any water service installation or make use of any water service which is connected to the water system except in the manner provided in this Section. 1000.03 Wilful Damage to Water System. No person shall remove, alter, damage, or trespass upon any structure, appurtenance or property of the water system, or cause water to be consumed, diverted, restricted, wasted or contaminated in any manner unless permitted pursuant to written authorization or a permit from the City . 10 - 2 I I -. I I I I I I -' I I I I I I I ~ I I ~ Ofy or Md~ IIn" I' 1000.04 Discontinuance of Service for Violations. I I I I I I . I I I I I I ~ I Chapter 10 Utilities Subd. 1 General. Subject to the provisions of this Subsection, water service may be shut off at any stop box connection whenever: A. The owner or occupant of the premises served, or any other person working on any pipes or equipment thereon connected with the water system, has violated or threatens to violate any of the provisions of this Section. B. Any charge for water, service meter~ or any other fmancial obligations imposed under this Section for the premises served by the connection are unpaid for a period of two (2) consecutive calendar-year quarters. C. Fraud or misrepresentation by the owner or occupant of the premises served in connection with the application for service. Subd. 2 Notice. Water shall not be shut off under Subdivision 1 above until notice and an opportunity for a hearing shall have first been given to the occupant (the "customer") of the premises involved. The notice shall be personally served in the same manner as summonses in civil actions and shall state that if payment, proof of paymenti or proof of no violation of Subdivision 1 above have not been made before a date specified in the notice, but not less than thirty (30) days after the date on which the notice has been given, the water supply to 10 - 3 City of Arden Hills Chapter 10 Utilities the premises shall be shut off. The notice shall clearly inform the customer of the available opportunities to present tcr',the City his/her objections to the bill or the violation claimed in ',.,""" the notice and shall identify the telephone number, address and officer or employee of the City who will receive the customer's payment and/or review the customer's facts and files and has authority to decide whether payment has in fact been made or a violation has not occurred, to correct any errors in billing and to arrange for credit terms. The notice shall also state that the customer may, before the date, demand in a writing (which shall contain the customer's return address) a hearing on the matter. Subd. 3 Restriction on Shut-off. If, by the date specified in the notice, the City has received the customer's demand for a hearing, then the City shall not shut off the customer's water supply until after the hearing has been held, and the panel required by this Subsection has determined that the water supply should be discontinued. If the customer has paid to the City his/her delinquencies, plus the cost of serving the aforesaid notice upon him/her, or has furnished the City with proof of the payment satisfactory to the officer specified in the notice, or has cured any nonmonetary violations to the satisfaction of the officer-by the date specified in the notice-then the City shall not shut off the customer's water supply. Subd. 4 Hearing. A. If the customer demands a hearing in writing which demand must be received by the City before the date specified in the notice provided in Subd. 2 and must 10 - 4 I I ~ I I I I I I II I I I I I I I -. I r I' ~ I I I I I I te I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities specify the customer's return address or post office address for purposes of the notice of hearing. The City Administrator shall appoint a panel of three (3) impartial residents of the City who shall hold a hearing on the matter with reasonable promptness after the appointment of the last of the three (3) members on the panel. No less than seven (7) days' written notice of the hearing of the panel shall be given to the customer. The notice of hearing shall specify the date, time and place of the hearing and the purpose thereof. It shall be sent by certified or registered mail, return receipt requested. The date it is deposited in the U.S. mail system is the date that it shall be deemed to have been given. B. If, as a result of the hearing, the panel fmds that the amount claimed to be owing is actually due or that the customer has committed one (1) of the nonmonetary violations described in Subdivision 1 above, and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this Section, then the City shall be authorized to shut off the supply. Where the violation is a nomnonetary one, the panel shall specify the cure for the violation, if any, and give the customer a reasonable opportunity to effect the cure before authorizing the City to disconnect the water supply. Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her primary heating service, water shall not be shut off between October 15 of any year and the following April 15 except in accordance with the Minnesota Cold Weather Rule found in 10 - 5 City of Arden Hills Chapter 10 Utilities M.S. 216B.097. Subd. 6 Restoration of Service. When water service to any premises has been discontinued, service shall not be restored except upon payment of all delinquent amounts due, or correction of the nonmonetary violation of Subdivision 1 hereof to the satisfaction of the City Administrator, plus the costs for serving the notices required hereinabove and plus a fee for disconnection and reconnection in the amounts as are from time to time established by resolution of the Council. 1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fIre, or alarm of fITe, or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. 1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from one service connection except by special permission of the commissioner. Whenever two (2) or more housing units or buildings are supplied from one pipe connecting to a distribution main each building or part of building shall have a separate stop box and a separate meter. 1000.07 Tapping of Mains Prohibited. No person except those duly authorized by the City shall tap any distributing main or pipe of the water supply system, or insert stop-cocks or ferrules in any 10 - 6 I I ~ I I I I I I -- I I I I I I I -. I I' City of Arden Hills " such pipe. I I I I I I . I I I I I I I , I I' I I Chapter 10 Utilities 1000.08 Rep~ir of Leaks. It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her pipe within twenty-four (24) hours after verbal or written notice thereof, the water shall be shut off and shall not be turned on until the sum of ten dollars ($lO.OO) has been paid and the leak repaired. When the waste of water is great, or when damage is likely to result from the leak, the water may be turned off immediately pending repairs. 1000.09 Abandoned Services. Subd. 1 Disconnection. All service installations that have been abandoned or have not been used for three (3) years shall be disconnected at the main by the City. All. pipe and appurtenances removed from such connections shall be the property of the City and any expense of the City in connection with the disconnection shall be charged to the property. Subd. 2 New Buildings. When new buildings are erected on the site of abandoned services, and it is desired to increase or change the old water service, no connections with the mains shall be made until all the old service shall have been removed and the main connection plugged by the City. Any expense of the City in connection with the removal and plugging shall be charged to the property. The commissioner shall have the power, in his 10 -7 City of Arden Hills Chapter 10 Utilities or her discretion, to permit continuance of the old service until the new service is connected to the property, when immediate removal of the old service would constitute a hardship. 1000.10 Service Pipes. Every service pipe shall be laid in such manner as to allow not less than one foot of extra length and in such manner as to prevent rupture by settlement or otherwise. The service pipe shall be placed no less than seven (7) feet below the surface and in all cases so arranged as to prevent rupture by freezing. Joints in service pipe or tubing shall be kept to a minimum, with not more than one splice or coupling joint in each seventy (70) feet of length. 1000.11 Use Confined to Premises. No person shall permit water from the water system to be used for any purpose except upon his or her own premises unless written consent is obtained from the commissioner. 1000.12 Connections at or Beyond City Limits. Where water mains of the City or an adjacent municipality are in any street or alley adjacent to or outside the corporate limits of the City, the commissioner may issue permits to the owners or occupants of properties at or beyond the City limits and accessible to the water mains to make water service pipe connections with the mains and to be supplied with water from the mains in accordance with the applicable provisions of this Section and all pertinent and applicable contract provisions. 1000.13 Restrictions and Limitations of Water Use. All water customers shall be subject to applicable regulations of the City or other regulations to which the City is subject by contract 10 - 8 I I -. I I I I I I ~ I I I I I I I -. I I' City of Arden Hills ~ I I I I I I . I I I I I . I I Chapter 10 Utilities relating to limitations in the time and manner of using water or relating to the preservation, regulation and protection of the water supply. 1000.14 Private Water Supplies. No water pipe of the water system shall be connected with any pump, well, tank, or piping that is connected with any other source of water supply unless the connection is approved by the commissioner in accordance with contract responsibilities of the City and any other pertinent regulations. 1000.15 Private Wells. Private wells may be maintained and continued in use after connection is made to the water system, provided there is no means of cross-connection between the private well and municipal supply at any time. Hose bibbs or faucets equipped with hose threads that will enable the cross-connection of the two (2) systems are prohibited on internal piping of the well supply system. The threads on the drain or the bibb of the well volume or compression tank shall be removed or the drain bibb replaced with a sink faucet without hose threads. Where both private and City systems are in use outside hose bibbs shall not be installed on both systems. 1000.16 Use of Water for Air Conditioning. All air conditioning systems which are connected directly or indirectly with the public water system shall be equipped with water conserving and water regulating devices as approved by the commissioner. 1000.17 Permits Required for Air Conditioning. Permits shall be required for the installation of all new air conditioning systems connected directly or indirectly to the public water system. The 10 - 9 City of Arden Hills Chapter 10 Utilities permit shall be on forms as provided by the City. 1000.18 Connections Barred. No connection shall be allowed to a building piping system that contains any connection, fixture, or source of pollution not allowed by the State plumbing code, the St. Paul Water Department, or regulations of the City of Roseville. 1000.19 Connections. Subd. 1 Applications. A. All applications for permits for service installations and for water service connections shall be made to the City Administrator on printed forms furnished by the City. B. Applications for permits for service installation shall be made by the owner of the property to be served or by the owner's agent' and shall state the size and location of the service connection required. The applicant shall, at the time of making application, pay to the City the amount of fees or deposit required for the installation as provided in this Section. C. When the service has been installed, application for water service may be made to the City Administrator by the owner, his or her agent, or the tenant or occupant 10 - 10 . I ~ I I I I I I ell I I I I I I I -- I I' I' City of Arden Hills ." I I I I I I . I I I I I I I ~ I Chapter 10 Utilities of the premises. Subd. 2 Meters. A. The size of water service meters shall be subject to approval of the commissioner in the case of nonresidential service. B. A meter spacer with tailpiece couplings shall be furnished to the plumber at the time a connection permit is issued. Meter spacers shall be picked up when the meter is installed under City supervision after completion of water service installation. C. The plumber shall notify the City Administrator within twenty-four (24) hours after piping is complete and ready for meter installation, giving the street address and service installation permit number for the premise requesting service. Inspections as the commissioner shall deem appropriate shall be made on behalf of the City. In all cases, connection to the system must be made within sixty (60) days after the permit is issued or the permit shall expire and be invalid.. D. Water billings shall start at the time of the installation of the water meter; or in the event the water meter is not installed within thirty (30) days, shall commence upon the thirty-fIrst day from the date of the permit, and shall be calculated upon the 10 - 11 City of Arden Hills Chapter 10 Utilities minimum quarterly rate, prorated on a montWy basis. Subd. 3 Service Charges. A. Permits must be obtained to connect to the existing water service leads at the curb box and the interior plumbing. The permit fee for each of these connections shall be as established from time to time in a resolution adopted by the Council. No permit shall be issued except to a licensed plumber. B. In the event that, through the fault or omission of the owner of the subject property, a curb box or a service lead has not been installed for the property, then additional fees shall be paid at the time of making application for tapping the water main, which charges shall be as follows: 1. For the installation of a one-inch service connection where the installation is to be in an unsurfaced street, the fee shall be as established in a resolution adopted by the Council. This fee shall include the tapping of the water main, the installation of the service line, and the installation of the curb stop and box. 2. For the installation of a one-inch service connection where the installation is to be upon a surfaced street, the fee shall be such fee as has been 10 - 12 I '1 -. I I I I I I - I I I I I I I ~ I I' City of Arden Hills ." I I I I I I . I I I I I I ~ I Chapter 10 Utilities established by Council resolution for the restoration of a typical road-mix bituminous street, but where the installation involves the restoration of a higher type street, the fee shall be such as has been set by the City engineer as approved by the Council on the basis of the cost of restoration. In any such installation, the location of the main shall be obtained from the City engineer. The foregoing fee shall be in addition to the other fees set in this Subdivision. All backfill materials shall be mechanically compacted in twelve-inch layers in place in roadway area to existing street grade. 3. In the event of connections larger than one inch the fee in addition to that set forth above shall be fixed by the City engineer as approved by the Council on the basis of the estimated cost of installing the service. C. A service charge in the amount established by Council resolution shall be made for turning on water where service has been turned off for violation of any provision of this Section, except for cases where a higher charge is provided for. Subd, 4 Time for Connections. If, for any cause, the plumber or contractor laying the service pipe should fail to have the connection made at the time specified in his or her application, notice shall be given to the City Administrator fixing another day on which he or she wishes to make connection. The notice shall be given at least two (2) days prior to the excavation for laying of the service pipe; and the connection shall be made before 4:30 10 - 13 City of Arden Hills Chapter 10 Utilities p.m., except in special cases, and then the work shall be done only upon written order from the commissioner. In any event, connection shall be made within sixty (60) days after the permit is obtained. Subd. 5 Property Assessments. Before a permit for water main tapping shall be issued, the following conditions shall be complied with: A. A connection permit to service, directly or indirectly, any lot or tract of land shall not be issued until the City Administrator shall have certified to one of the following: 1. That the lot or tract of land has been assessed for the cost of construction of the water main with which the connection is to be made; or 2. If no assessment has been levied for the construction cost, the proceedings for levying the assessment have -been or will be completed in due course; or 3. If no assessment has been levied and no assessment proceedings will be completed in due course, that the City has been paid an amount equal to the estimated assessment against the lot or tract for the construction of the main. 10 - 14 I I -. I I I I I I . I I I I I I I ., I I' I' ~ I I I I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities B. If for any reason the City Administrator cannot issue a certificate as provided in this Subdivision, and there has been an assessment proceeding in connection with the construction of the main, then the City engineer shall compute the assessment which would have been levied against the subject lot or parcel on the same basis as assessments previously levied against other property for the main, and the City Administrator's certificate may be issued upon payment of the amount to the City Administrator. In the event that there has been no assessment proceeding in connection with the laying of the main, the City engineer shall compute the charge to be made for the connection on the basis of the benefit to the property from the construction of the main, and the City Administrator's certificate shall be issued upon payment of the charge. C. In Ifeu of requiring payment of the charge as computed under this Subdivision at the time the connection permit is issued, the Council may, upon request of a property owner desiring the connection, certify the amount to the County Auditor, together with a legal description of the premises' served, to the end that the connection charge shall be paid in equal installments over a period of twenty (20) years, with interest thereon at the rate of six (6) percent per annum, in the same manner as provided for collection of assessments in Chapter 429 of Minnesota Statutes, as amended. Subd. 6 Turning on Water. No person other than an authorized City employee shall turn 10 - 15 City of Arden Hills Chapter 10 Utilities any water supply on or off at the stop box without permission from the commissioner. Subd. 7 Location of Stop Boxes. .Curb stop boxes shall be installed at a point on the property line most suitable to the property and shall be left in an accurate vertical position when back-filling is completed. Curb stop boxes will be installed at an approximate depth of seven (7) feet below the grade established by the City engineer. Subd. 8 Supervision by Plumber. All piping connections from the curb box to the house supply piping shall be made under the supervision of a licensed plumber. Subd. 9 Connections Within City to Systems Outside City. The Council recognizes that in certain border areas of the City water service for property in the City may be more economically and conveniently obtained from water systems outside of the City. The Council also recognizes that connection charges may be imposed by other municipalities for the service to property in the City, which connection charges are usually required to be paid in a lump sum at the time of connection, thus imposing a hardship upon the property owner in the City. Since all property in the City bears a greater tax burden because of the establishment of the City's municipal water system, the Council considers it equitable to aid property owners thus required to obtain water service from other systems. A. In the event a City property owner requests water service of this City, and the City engineer advises this City that the property concerned is a border area to which 10 - 16 I I -. I I I I I I . I I I I I I I e, I I . City Of Arden Hills I' . ." I I I I I I . I I I I I I ~ I Chapter 10 Utilities water service may be best supplied, on a practical and economic basis, from a water s.ystem other than that of this City, upon recommendation of the commissioner of public works of this City the Council may permit connection to the outside water system and permit payment of connection charges in the manner provided in this Section. B. Such charge as may be made by another municipality for permitting the connection to its water system may be paid to the other municipality by this City from the City's general fund. Such payment shall not be made unless the request to proceed is made in writing by the City property owner, with the status of the property owner to be conclusively presumed from the records in the office of the County Auditor. If the person in possession of the premises is other than the record property owner such person must join in the request. C. Each connection charge paid by the City as provided in Subpart B above shall be divided into twenty (20) equal installments, and one equal installment, with six (6) percent interest per annum from the date of payment of the City, shall be certified to the County Auditor, together with the legal description of the premises served, for payment together with the taxes upon such property. The remaining nine- teen (19) installments, with interest on each as set in this Subpart, shall be certified in the same fashion, one each year until the entire balance with interest is paid. The balance of the installments, with interest accrued to the date of payment, may be 10 - 17 City of Arden Hills Chapter 10 Utilities paid to the City at any time before any installment is certified. The charges shall also be collectible, if required, directly from the owner, lessee, or occupant of the premises, as provided in Section 444.075 of Minnesota Statutes. 1000.20 Rates and Charges. Subd. 1 Keeping Water Accounts. All water accounts shall be kept by the City Administrator by house and street number and under the account number assigned thereto, and also by the name of the owner or of the person signing the application for service. Bills and notices sent out by the City Administrator shall be sent to the house or street number of the party. If nonresident owners or agents wish notice sent to a different address they shall file an application therefor with the City Administrator. Any error in address shall be promptly reported to the City Administrator. Subd. 2 Water Rates. A. The rate due and payable by each water user within the City for water taken from the water system shall be as established in resolutions adopted from time to time by the City Council. B. In case the meter is found to have stopped, or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used 10 - 18 I I -- I I I I I I -- I I I I I I I -. I r I- ~ I I I I I I . I I I I I I I , I City of Arden Hills Chapter 10 Utilities previously in comparable periods of the year. If no comparable period is available the commissioner shall, with the consent of the Council, set an estimated charge on the basis of his or her best judgment. C. Where service is for less than a quarterly period] the quarterly charge shall be prorated on a monthly basis. D. Rates due and payable by each water user located beyond the territorial boundaries of the City shall be determined by special contract. E. In case a service pipe is connected to the stop box and laid into the building, but the property owner does not wish to connect immediately to the building piping for use, the minimum rates shall be charged as provided in Subpart A above. F. In the event the water customer elects to discontinue use of municipal water the minimum charge shall continue until such date as the- service pipe is excavated and disconnected at the stop box. G. In addition to the above charges for water consumption, each water user within the City shall pay an additional quarterly demand charge for the purpose of covering certain fixed costs of the City in maintaining the municipal water system, which charges shall be as established inresolutions adopted from time to time by the City 10 - 19 City of Arden Hills Chapter 10 Utilities Council. Subd. 3 Hydrant Fee. The owner of a parcel of improved residential property, any portion of which is located within four hundred (400) feet of a fire hydrant, shall also pay the quarterly demand or standby charge as is established from time to time by resolution adopted by the City Council, even though the property is not connected to the municipal water system. Similarly, the owner of any parcel of improved or nonresidential property, any portion of which is located within four hundred (400) feet of a City fire hydrant, shall pay the quarterly demand or standby charge as is established by a resolution adopted from time to time by the City Council. Subd. 4 Payment of Charges. Statements for total water charges for the preceding quarterly period shall be mailed by the City Administrator to each customer on or before the twentieth day of January, April, July and October of each year. Such statements shall be due on the last day of the month following the quarterly period covered by the statement. Any prepayment or overpayment of charges may be retained by the City and applied to subsequent quarterly statements. Subd. 5 Delinquency Penalties and Collection of Delinquent Charges. A. A delinquency penalty of eight (8) percent of the unpaid water bill for charges shali be charged, effective on the date stated, in accordance with the following 10 - 20 I ~ I I I I I I . I I I I I I I -- I r City of Arden Hills I; ~ I I I I I I . I I I I I I I - I Chapter 10 Utilities schedule: 1. For the 1st quarter-June 1 2. For the 2nd quarter-September 1 3. For the 3rd quarter-December 1 4. For the 4th quarter-March 1 If the delinquency date falls on a nonbusiness day for the City Hall, the penalties shall be imposed on the next business day, but first crediting payments received on that day. B. Except as otherwise provided in this Section, the delinquency penalty shall be imposed upon and added to all unpaid water bills by the City Administrator and mailed in the usual course at the next regular billing date, showing in the same bill the current billing after the fIrst penalty date. C. The Council has noted that under Subdivision 4 section bills are due at the end of the billing month, and accordingly the delinquency charge shall be imposed more than a month after the due date of a billing. D. Any amounts due for water charges may be collected in a civil action brought for that purpose in the name of the City; or the. City Administrator, upon direction 10 - 21 City of Arden Hills Chapter 10 Utilities by the Council, may certify to the County Auditor the amount due, together with the legal description of the premises served, and the City Administrator, in so certifying, shall add to the amount as a separate item, in addition to the delinquency penalty hereinbefore provided, an additional delinquency penalty of eight (8) percent of the original unpaid amount, inclusive of any previous delinquency penalty. The County Auditor shall enter the amount as part of the tax levied on the premises to be collected during the ensuing year. No additional delinquency penalties shall be added to unpaid bills after certification to the County Auditor as provided in this Subdivision. To avoid imposition of this additional delinquency penalty, payment in full of the unpaid water bill and the original or previous delinquency penalty must be received by the City Administrator no later than November 30. Subd. 6 Waiver of Minimum Payments for Senior Citizens or Disabled Citizens. The Council may, by resolution passed in its reasonable discretion, waive minimum payments required under this Section where the charges are imposed upon property owned or occupied by citizens sixty-five (65) years of age or older or citizens who are totally disabled within the meaning of Social Security regulations and as permitted by State law. 1000.21 Meters and Hydrants. Subd. 1 Meter Required. No person shall use water from the water system or permit water to be drawn from the system unless the water is metered by passing through a meter 10 - 22 I I ~ I I I I I I " I I I I I I I .. I I' I' City of Arden Hills " I I I I I I ~ I I I I I I I ~ I Chapter 10 Utilities supplied or approved by the City; provided, however, this requirement shall not apply to water withdrawn by authorized City employees acting on City business or to water withdrawn for use in fire-fighting. Unless authorized by the commissioner, no person shall connect, disconnect, take apart, or in any manner change or cause to be changed, or interfere with any such meter or the action thereof. Subd, 2 Security Deposit. A. Each water customer of the City shall make a security deposit for a water meter before installation of the meter, which deposit shall be in the amount of one hundred twenty (120) percent of the actual cost of the meter rounded to the nearest five dollars ($5.00) over the actual cost. At the time the security deposit is made on a, water meter, an additional fee in an amount established from time to time by Council resolution shall be paid by the customer to the City to cover the expense of installation of the meter. This additional fee shall be made only upon installation of meters two (2) inches or smaller in size. B. The security deposit shall be kept by the City Administrator as a credit against the property upon which the meter has been installed, without reference to the ownership of the property. The deposit shall be refunded to the property owner only on request in the event municipal water service to the property is discontinued and the service pipe is disconnected at the stop box and the meter is removed; provided, 10 - 23 City of Arden Hills Chapter 10 Utilities however, that charges against the property under the provisions of this Section may first be deducted from the deposit. The refund of the deposit, plus any required interest, less any deductions, shall be made by the City Administrator to the customer within forty-five (45) days after discontinuance of municipal water service to the property, disconnection of the service pipe at the stop box, and removal of the meter. C. At the time the security deposit is made, the City Administrator shall provide the customer with a written receipt which shall also specify that any charges due and unpaid against the property pursuant to the provisions of this Section at the time of discontinuance of municipal water service to the property may be deducted from the deposit prior to its return to the customer. D. A meter on a service line larger than two (2) inches is to be furnished and installed at the expense of the property owner, and accordingly no security deposit shall be required. Subd. 3 Maintenance, Replacement of Meters. The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them, if necessary. However, where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, including damage from hot water backup, or carelessness of the owner or occupant of any premises, any expense caused the City thereby shall be 10 - 24 I I .. I I I I I I fI I I I I I I I -. I r I. City of Arden Hills ~ I I I I I I . I I I I I I ~ I Chapter 10 Utilities charged against and collected from the water consumer. Subd. 4 Rereading of Meters. A consumer may have his or her meter reread by making written request therefor and depositing the amount stated below with the City Administrator at the time the request is made. In the event the test shows an error of over five (5) percent of the water allegedly consumed, the deposit shall be refunded to the consumer and a correctly-registering meter shall be installed; with the bill to be adjusted in accordance with the corrected reading. If there is no error or the error is less than five (5) percentm the deposit shall be retained by the City. Any adjustment shall not extend for more than one billing period before the date of the request for test. The deposit charges for meter testing shall be as established from time to time in a resolution adopted by the Council. Subd. 5 Rental Fee. All meters, except those on a service line larger than two (2) inches which have been furnished and installed at the expense of the property owner and for which no security deposit has been made shall be the property of the City. A rental fee equal to six (6) percent per annum of the amount of the security deposit on each water meter which is the property of the City shall be charged to the customer for the use of the City's water meter. With respect to each water meter, for which a security deposit has been made, installed and in place on or before August 1, 1974, this rental fee shall be charged to the customer using the same from August 1, 1974. For each water meter, for which a security deposit has been made, installed after August 1, 1974, this rental fee shall be charged to the customer using the same from the date on which the security deposit was made. This rental 10 - 25 City of Arden Hills Chapter 10 Utilities fee may be set off or credited against any interest due each customer on the security deposit he or she has made. Subd. 6 Right of Access. Authorized City employees shall have free access to premises connected with the water system at reasonable hours of the day for the purpose of reading and inspecting meters. Subd. 7 Compound Meters. Where a potable water service line larger than two (2) inches is installed or where flows are sufficiently large in the opinion of the commissioner to require a meter larger than two (2) inches, the occupant or owner of the subject premises shall cause to be furnished and installed a compound meter consisting of dual integral measuring elements for high and low flow rates. The type and manufacturer shall be as designated by the commissioner. Subd. 8 Fire Protection System. Where a service line is installed to serve, in total or in part, a private fire protection system, the owner or occupancy of the premises shall cause to be furnished and installed on the line serving such purpose an approved detecror check-type meter, approved as to make by the commissioner. Subd. 9 Water Meter Setting. All water meters shall be installed in accordance with the following rules: 10 - 26 I I -. I I I I I I . I I I I I I I .. I I' City of Arden Hills ~ I I I I I I . I I I I I I ~ I Chapter 10 Utilities A. The service pipe from the water main to the meter, when the pipe enters the building, shall be brought through the floor or bottom course of concrete block foundation at a depth in accordance with the provisions of Subsection 1000.10. However, this may be waived by the commissioner if strict compliance with the provision would create a hardship in a particular situation. B. The meter shall be located so that the bottom is from twelve (12) inches to twenty-four (24) inches above the fInished floor line. The meter shall be set not less than six (6) inches nor more than twelve (12) inches measured horizontally from the inside line of the basement wall, unless an alternate method is approved by the commissioner. C. All meter installations shall have a gate valve on the street side of the meter. In no case shall there be more than twelve (12) inches of pipe exposed between the point of entrance through the basement floor and the valve. A gate valve shall also be installed on the house side of the meter. All fIttings and pipe shall be red brass or bronze, except that pipe over two (2) inches in diameter may be iron. Gate valves shall be brass one hundred twenty-fIve (125) pounds standard, except valves larger than two (2) inches may be iron body. There shall also be installed on the house side of the meter gate valve a three-quarter inch side outlet tee and plug to provide for future installation of a two (2) inch air chamber or shock absorber. 10 - 27 City of Arden Hills Chapter 10 Utilities 1000.22 Fire Hydrants. Subd. 1 Use of Fire Hydrants. No person shall operate fIre hydrants or interfere in any way with the water system without fIrst obtaining a permit to do so from the commissioner, with the exception of authorized City employees on City business or fife-fIghting personnel. Permits may be issued by the commissioner in accordance with the following procedure A. A permit to use a fife hydrant shall be issued for each individual job or contract, for a minimum of thirty (30) days and for any additional thirty (30) day periods as the commissioner shall determine. The permit shall state the location of the hydrant and shall be for the use of that hydrant alone, except as otherwise specifIed in the permit. B. The applicant for a permit shall make an advance cash deposit in the amount as has been established by Council resolution. The purpose of the cash deposit is to guarantee payment for water used and to cover any breakage or damage to the hydrant. Such deposit shall be refunded upon expiration of the permit, after deduction for any applicable charges for use or damage. C. The user shall pay a rental charge based both upon the time of use and the gallons of water used. This rental charge shall be established from time to time by Council resolution. 10 - 28 I I -. I I I I I I " I I I I I I I .. I I' I' ~ I I I I I I ~ I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities Subd. 2 Hydrant Rentals. A. Owners of private property on which fIre hydrants are located shall pay an annual standby charge, the amount of which shall be as established in a resolution adopted by the Council. This charge shall be a specifIed amount per hydrant. In addition, if the City installs a hydrant on private property at the request of the owner, the owner shall be charged the actual cost to the City of materials and labor for the installation. B. This charge shall not apply to a hydrant installed in the usual manner on boulevards or street right-of-ways, but only to those installed on private property. 1000.23 Permits ReqUired for Private Use of Water Towers. No person shall install any radio aerial on, or in any way use, any municipal water tower for private use without first obtaining a permit from the Council to do so. Subd. 1 Terms of Permit. Any person desiring to obtain a permit to install a private radio aerial on a water tower shall file an application with the City Administrator and have the application approved by the City engineer and chief of police. If the permit is issued by the Council it shall only be valid so long as the applicant pays to the City the fee as has been established therefor in a resolution adopted by the Council, and the permit must be renewed annually. The original payment must be made at the time of application for the permit. 10 - 29 City of Arden Hills Chapter 10 Utilities Subd. 2 Canceling Permits, The Council may at any time cancel any such permit issued to any person by returning to the holder of the permit the unused portion of the annual fee. Section 1010 - Sewers' 1010.01 General Operation. The entire municipal sanitary sewer system shall be operated as a public utility and convenience from which revenues will be derived, subject to the provisions of this Section. 1010.02 Connections Required. Subd. 1 Existing Buildings. Any building used for human habitation and located on property adjacent to a sewer main, or in a platted block through which the system extends, shall be connected to the municipal sanitary sewer system within two (2) years from the date on which a connection is available to the building. Subd. 2 New Buildings. All buildings constructed after the adoption of this Code within the City on property adjacent to a sewer main or in a platted block through which the municipal sanitary sewer system extends, shall be provided with a connection to the sewer 'State law reference-Sewage and rubbish disposal. M.S. ch. 443.--NOTE: 443 only applies to rubbish, 444 deals with sewage. 10 - 30 I I .. I I I I I I -- I I I I I I I ~ I r I- ~ I I I I I I . I I I I I I I , I City of Arden Hills Chapter 10 Utilities system for the disposal of all human wastes. 1010.03 Certain Connections Prohibited. No buildings located on property lying outside the limits of the City shall be connected to that portion of the sanitary sewer system of the City discharging into the Roseville-St. Paul Sanitary Sewer System, unless express authorization for the connection is first obtained from the Councils of this City, the City of Roseville, and the City of St. Paul. 1010.04 Supervision of Connections. The plumbing inspector shall supervise all sewer con- nections made to the municipal sanitary sewer system and excavation for the purpose of installing or repairing the same. 1010.05 Permits. Any person desiring a connection to the municipal sanitary sewer system shall apply to the City for a permit therefor. The application shall be submitted on blanks furnished by the City Administrator and shall be accompanied by plans, specifications and any other information as is desired by the plumbing inspector, together with the required permit and inspection fee, All costs and expenses incident to the installation and connections shall be borne by the owner, and he or she shall indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the installation of the sewer connection, including restoring streets and street surfaces. Permits for the connections shall be issued only to a plumber duly licensed by t!1e State Board of Health or to anyone not so licensed who owns and actually occupies as his or her residence the premises or that part of the premises upon which the sewer connection work is to be 10 - 31 City of Arden Hills Chapter 10 Utilities performed. 1010.06 Tampering with System. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. 1010.07 Maintenance. Each property owner shall be responsible at all times for the maintenance of his or her sewer connection to the municipal sanitary sewer system, and shall have the obligation to keep the connection in good repair, to the end that there shall be no interference or obstruction to the sewer system as a whole, nor shall there be any violation of this Section, and the laws of the State. The plumbing inspector shall be authorized to make the inspections of the sewer connections as he or she may deem necessary to accomplish this purpose, and the property owner shall be responsible for carrying out the instructions as the plumbing inspector deems necessary to accomplish this purpose. 1010.08 Types of Wastes Restricted or Prohibited. It shall be unlawful to discharge any wastes or cause or allow any wastes to be discharged into the municipal sanitary sewer system of the City which do not comply with the laws and regulations promulgated by the State or as set forth in this Section. Subd. 1 Grease, Oil and Sand. To ensure the proper discharge of waste containing . excessive amounts of grease, oil or sand, the City plumbing inspector may require that 10 - 32 '. I -. I I I I I I . I I I I I I I ~ I r City of Arden Hills I' ~ I I 1 I 1 1 . I 1 1 1 1 1 I , I Chapter 10 Utilities grease, oil and sand traps or interceptors be provided, which traps or interceptors shall comply in all respects with the requirements set forth in the Minnesota Plumbing Code; provided, however, that such traps or interceptors shall not be required for private dwelling units which discharge only normal wastes. Such traps or interceptors shall be maintained by the owner, at his or her expense, and shall be regularly cleaned and maintained for adequate performance and efficient operation at all times. Any subsequent alterations or additions to the traps or interceptors shall not be made without due notice to and approval by the City plumbing inspector. Subd. 2 Industrial Waste. With respect to the discharge or potential discharge of "industrial waste", which for purposes of this Section shall be defined a~ any solid, liquid, or gaseous waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, the discharger or potential discharger of the industrial waste shall be subject to the requirements and procedures of the Metropolitan Sewer Board set forth in Sections 5-9 through 5-14 of Article V. of the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System, and shall obtain the approval of the chief administrator of the metropolitan disposal system of plans and specifications for any and all facilities to be used in discharging the industrial waste, including meters and sampling facilities (if required), prior to construction and installation of the facilities; provided, however, that the City engineer shall have fIfSt approved the metering equipment to be or being used prior to the submission of the plans to the chief administrator of .the metropolitan disposal system for his or her 10 - 33 City of Arden Hills Chapter 10 Utilities approval. Subd, 3 Drainage Water, It shall be unlawful for any person to discharge or cause to be discharged into the municipal sanitary sewer system of the City, either directly or indirectly, any roof, storm, surface or groundwater of any type or kind. 1010.09 Accidental Discharges, Section 5-15 of Article V. of the Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System, is incorporated and adopted herein by reference and shall be applicable to any and all accidental discharges of prohibited waste into the sanitary sewer system of the City which either directly or indirectly eventuates in such prohibited waste flowing into the Metropolitan Disposal System. 1010.10 Construction Requirements. Subd. 1 General. Those provisions of the State plumbing code, as contained in the building code of the City, which apply to the construction, alignment, grades, joints and connections of sewers and materials used therewith are hereby adopted by reference and made a part of this Code as if set out here in full. Subd. 2 Use of Old House Sewers. Old house sewers or portions thereof may be approved for use by the plumbing inspector. The plumbing inspector may request that the old sewer be excavated for the purpose of facilitating inspection. No cesspool or septic tank shall be 10 - 34 I I -. I I I I I I - I I I I I I I .. I r City of Arden Hills I' ~ 1 1 1 I I I Ie I I I I I I I ~ I Chapter 10 Utilities connected to any sewer connections. If any portion of a house sewer is laid across or over any existing cesspool or septic tank, the cesspool or septic tank shall first be pumped clean and filled with earth to the surrounding ground level. Where a connecting sewer is laid across or over any existing cesspool or septic tank, only Cast Iron Soil Pipe, conforming to the A.S.T.M. Standard Specification A-74-42, shall be used for that portion of the connecting sewer which is laid across or over the existing cesspool or septic tank. Subd. 3 Connections at "Y" Only. Every connecting sewer shall be connected to the municipal sewer system at the "Y" or sewer connection stubs designated for the property served by the connection, except where otherwise expressly authorized in writing by the plumbing inspector. Connections authorized by the plumbing inspector shall be made only under his or her direct supervision and in the manner as he or she may direct. Subd. 4 Tunneling. Tunneling for distances of not more than six (6) feet shall be permissible in yards, courts or driveways of any building site. When pipes are driven, the drive pipe shall be at least one size larger than the pipe to be laid. Subd. 5 Independent Systems. A. The drainage and plumbing system of each new building and of new work installed in an existing building shall be separate from and independent of that of any other building" except as provided for in Subparts B and C of this Subsection. 10 - 35 City of Arden Hills Chapter 10 Utilities B. Where one building stands to the rear of another building on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building drain from the front building may be extended to the rear building and the whole shall be considered as one building drain. Where such a building drain is extended, a c1eanout shall be provided immediately inside the rear wall of the front building. C. Where adjoining property owners desire to construct a common sewer connection to service both properties the owners may make written application to the Council for permission to construct the joint service connection. The Council may grant such a permit if it determines that the construction of the joint connection is reasonable and warranted under the existing conditions, and if independent connections were to be constructed, the minimum length of each connection would be at least one hundred (100) feet from the property line abutting the municipal sewer. Subd. 6 Repair of Public Right-Of-Way. No connection to the municipal sanitary sewer system shall be fInally approved until all streets, pavements, curbs and boulevards or other public improvements thereon have been restored to their former condition to the satisfaction of the plumbing inspector. Subd. 7 Restrictions on Installation of Sump Pump System; Necessity of Obtaining 10 - 36 I I t\ I I I I I I II I I I I I I I -. I r I' ~ I I I I I I . I 1 I 1 1 1 I , I City'of Arden Hills Chapter 10 Utilities Permit. Any person installing a subsurface drainage system in connection with the construction of a building shall include as part of the system a sump pump which has a permanent discharge connection to the exterior of the building. Any person installing a sump pump system in an existing building shall also provide the system with a permanent discharge connection to the exterior of the building. No person shall install a subsurface drainage system in connection with new construction or the modification of an existing building without having first obtained a permit to do so from the Council. 1010.11 Rates and Charges. Subd. 1 Established. A. Quarterly rates and charges to be imposed on the various categories of structures connected to the municipal sanitary sewer system shall be as established in resolutions adopted from time to time by the City Council. In establishing the rates and charges, the Council shall employ anyone or a combination of the methods and bases set forth in Section 444.075, Subd. 3, of Minnesota Statutes, as now constituted and as hereafter amended. B. Charges for mobile homes, trailers and apartments shall be billed to the owner or management of the mobile home court, trailer park and apartment building in which the same are respectively located. 10 - 37 City of Arden Hills Chapter 10 Utilities C. Certain premises, because of their discharge of industrial sewage wastes or "Jr. voluminous or strong sewage wastes, may be subject to supplementary charges imposed by governmental agencies or subdivisions other than the City. In such event, the City may impose, by resolution adopted by its Council, a supplementary charge based generally upon and at least equal to the amount of the supplemental charge imposed by the other governmental agency or subdivision. D. The Council has noted that certain properties in this City use water basically in the summer months and are not presently connected to the municipal water system and probably will not be connected to it in the future. With respect to these properties and others similarly situated, it is not equitable to require installation of a water meter nor is it equitable to base the sewer charge upon water usage, which cannot be metered or reasonably calculated. With respect to cases Which may be called to the attention of the Council in the future, and upon recommendation of the City Administrator and the supervisor of public works, the properties shall be charged for municipal sewage upon a flat quarterly rate to be determined by resolution of the Council. In the event the stated circumstances change with respect to any property so exempted, upon written notice to the property owner, the Council may review the situation and, if circumstances warrant such action, the exemption shall be lifted, and the owner of the property shall be required to install a meter as provided in the in this Section, 10 - 38 . '. . .. I I I I I I -- . I II . I I -. I I" City of Arden Hills I' ~ I I I 1 I 1 ~ I I I I I I I ~ I Chapter 10 Utilities E. All owners of properties other than single-family dwellings, duplexes or two- family dwellings, mobile homes or trailers and apartments which are not connected to the municipal water system and are not excepted under Subpart D above, shall install a meter on their water supply as part of any building program on the premises, and in any event within ten (10) days after receipt of written notice to do so from the City Administrator. Such meter shall be designed in such manner as to accurately measure water consumption, shall be of a type approved by the supervisor of public works, shall be maintained in good operating condition without expense to the City, and access thereto shall be given to employees of the City at all reasonable times for the purpose of testing or making readings. F. If the supervisor of public works determines that a portion of the water measured by the water meter does not and cannot enter the municipal sanitary sewer system, then the City may permit or require the installation of other additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. G. The owner of the property shall supply the City, upon request, with such information as the City may reasonably require related to the use of a private water system. 10 - 39 City of Arden Hills Chapter 10 Utilities Subd. 2 Payment. Statements for total sewer charges for the preceding quarterly period shall be mailed to each customer on or before the twentieth day of January, April, July, and October of each year. The balances shown due shall be due and payable at the office of the City Administrator on or before the last day of the month. Prepayments or overpayments of charges may be retained by the City and applied to subsequent quarterly statements. The City Administrator by direction of the Council, may designate another office to mail notices and receive payments under this Subsection. Subd. 3 Delinquencies. A. A delinquency penalty of eight (8) percent of the unpaid sanitary sewer bill for charges effective on the date stated shall .be charged, in accordance with the followirig schedule: 1. For the 1 st quarter-June 1 2. For the 2nd quarter-September 1 3. For the 3rd quarter-December 1 4. For the 4th quarter-March 1 If the delinquency date falls on a nonbusiness day for the City hall, the penalties shall be imposed on the next business day, but first crediting payments received on that day. 10 - 40 '. I ~ I I I I I I fjt I I I I I I I -. I r I' f' I I 1 I 1 1 Ie I I I 1 I I I ~ I City' of Arden Hills Chapter 10 Utilih B. Except as provided in Subdivision 4 below, the delinquency penalty shall be imposed upon and added to all unpaid sanitary sewer bills by the City Administrator and mailed in the usual course at the next regular billing date, showing in the same bill the current billing. C. The Council has noted that under Subdivision 2 above bills are due at the end of the billing month, and accordingly the delinquency charge hereunder will be imposed more than a month after the due date of a billing. Subd. 4 Collection. Any amounts due for sanitary sewer charges may be collected in a civil action brought for that purpose in the name of the City; or the City Administrator, upon direction by the Council, may certify to the County Auditor the amount due, together with the legal description of the premises served, and the City Administrator in so certifying, shall add to the amount as a separate item, in addition to the delinquency penalty an additional delinquency penalty of eight (8) percent of the original unpaid amount, inclusive of any previous delinquency penalty. The County Auditor shall enter the amount as part of the tax levied on the premises to be collected during the ensuing year. No additional delinquency penalties shall be added to unpaid bills after certification to the County Auditor. To avoid imposition of this additional delinquency penalty, payment in full of the unpaid sanitary sewer bill and the original or previous delinquency penalty must be received by the City Administrator no later than November 30. 10 - 41 ity of Arden Hills Chapter 10 Utilities Subd. 5 Permissible Reductions for Senior Citizens and Disabled Citizens. The Council may, by resolution at its reasonable discretion, provide for reduced charges for usage of the municipal sanitary sewer system in cases of ownership or occupancy of the subject property by citizens sixty-five (65) years of age or older or by citizens who are totally disabled within the meaning of Social Security regulations and as permitted by State law. 1010.12 Sewer Availability, Subd. 1 Recitals. The metropolitan sewer board has determined to reserve unused capacity in the metropolitan disposal system each year commencing in 1973 for local government units in which new buildings are to be connected to the system and new connections to the system are commenced during the year, and to allocate the debt service costs of the unused capacity for the year among the local government units. In order for the local government units to pay such costs allocated to them each year, it is necessary to establish appropriate sewer service availability and connection charges. Subd. 2 Establishment of Charges. A. For the purpose of paying costs of reserve capacity allocated to this City each year by the metropolitan sewer board, there is hereby established a charge for: 1. The availability of treatment works and interceptors comprising the 10 - 42 I I ~ I I I I I I -- I I I I I I I -. I r I' ~ I I I I I I ~ I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities metropolitan disposal system; and 2. Connections, direct and indirect, to the metropolitan disposal system. B. The charge shall be collected on the basis of building permits issued after January 1, 1973, or connection permits issued for connections to be made after January 1, 1973, on the following basis: 1. The charge shall be payable on the issuance of each building permit for new construction issued after January 1, 1973. 2. A charge shall be payable on the issuance of a building permit for alterations or additions to existing buildings if the alteration or addition will require additional reserve capacity, and the Service Availability Charge (SAC) unit shall be determined on the same basis as for new buildings. C. The charge shall be imposed on sewer connection permits issued after January . 1, 1973, except: 1. Where a SAC unit charge was made when the building permit for the subject building was issued. 10- 43 City of Arden Hills Chapter 10 Utilities 2. Where a building permit for the subject building was issued prior to January 1, 1973, and the building was not served by an on-lot disposal system. 3. Where the sewer connection permit was issued before January 1, 1973, and the sewer to which the connection was to be made existed prior to January 1, 1973. D. The charge for each building shall be the product of the number of units of sewage volume which it will discharge and the dollar figure set forth in a resolution adopted by the Council for the year in which the building permit is issued. A unit of sewage volume shall be one hundred thousand (100,000) gallons per year and shall be assigned as follows: 1. Single-family houses, townhouses and duplex units shall each comprise one unit; 2. Condominiums and apartments shall each comprise eighty (80) percent of a unit; 3. Mobile homes shall each comprise eighty (80) percent of a unit; 10-44 '. I -. . . I . I I -- I I I I I I I ~ I r I' " I I 1 I I I Ie I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities 4. Other buildings and structures shall be assigned one unit for each one hundred thousand (100,000) gallons of flow or part thereof which it is estimated they will discharge; 5. Public housing units and housing units subsidized under any federal program for low and moderate income housing shall be counted as seventy-five (75) percent of the unit equivalent for that type of housing; Subd. 3 Administration. The City Administrator shall prepare or revise building permit or sewage connection permit application forms to provide information necessary for the computation of the number of units assignable to the building or structure in question, and shall collect the applicable charge before issuance of a permit. The City Administrator shall make such information available to the sewer board upon request. If upon filing a report covering the permit with the metropolitan sewer board, the board determines that a greater number of units is assignable to the building or structure in question, any additional amount of cost allocated to the City as a result shall be paid by the person or company to whom the permit was granted. Subd. 4 Purpose. It is the intention of the Council to impose charges equivalent to those adopted by the metropolitan sewer board by its Resolution No. 72-225, adopted December 6, 1972, but including administrative or service charges as allowed by the sewer board. 10 - 45 City of Arden Hills Chapter 10 Utilities 1010,13 Underground Installation of Distribution Lines. Subd. 1 Purpose. The Council believes that in the public interest or sound long-range planning it should promote the underground installations of utility distribution lines in cases of original installations or substantial alteration of existing lines. Subd. 2 Scope. The provisions of this Subsection apply to public utility lines designed and constructed to distribute utility services to customers in the City, but do not require underground installation of appurtenant facilities such as lift stations, fife plugs, meters, transformers, pedestals, and the like. Subd. 3 New Developments. A. All new electric distribution lines (excluding main line feeders and high voltage transmission lines), telephone service lines and services constructed and providing service to customers shall be buried underground. These regulations shall apply to all new land development proposals in the City including, but not limited to, new subdivisions, apartments, nomesidential buildings and planned unit developments. B. The developer shall be responsible for complying with these regulations and shall submit with his or her application for fmal plat or site plan approval, a written statement from the utility companies stating that the necessary arrangements for 10 - 46 '. I ~ I I I I I I " I I I I I I I ~ I r' I" ~ I I I 1 1 I ~ 1 1 I I I I I ~ I City' of Arden Hills Chapter 10 Utilities underground installation of utilities have been made. It shall be the responsibility of the developer and all contracts on the construction to keep utility easements free and clear, to the end that the utility company shall have access at all times for installation and maintenance of its utilities. Subd. 4 Existing Distribution Lines. It shall be the policy of the City to pursue the objective of eventually having all utility distribution lines underground. It is recognized, however, that existing overhead utility lines represent a substantial economic investment for the benefit of the public and that it is generally not feasible or desirable to replace existing serviceable facilities with underground lines or to require that the normal periodic extensions of existing overhead systems be installed underground without imposing an undue burden on the public and the utility involved. Any utility company replacing or making extensions to existing overhead distribution facilities in any area in which the repairs or extensions cover more than twelve hundred (1200) feet of line shall submit its plans to the utility committee at least thirty (30) days prior to the replacement, alteration or installation. Subd. 5 Excavation. In order to avoid possible damage to underground utilities, no person shall excavate in any easement or right-of-way containing underground utilities without fIfst notifying the central notification center as required by Chapter 216D of the State Statutes; provided however, the excavation shall not constitute a breach of this Section unless the excavator has actual notice of the existence of the utilities or unless the easement has been .10 - 47 City of Arden Hills Chapter 10 Utilities recorded with the register of deeds of the county with reference to the property. Failure to give notice shall subject the excavator to all penalties of State law under Chapter 216D of the State Statutes. Subd. 6 Application for Proposed Installation. All proposed utility installations in the City shall be submitted to the City for approval prior to the installation; provided however, repairs or extensions by a utility company covering less than twelve hundred (1200) feet of line need not be submitted. The City Administrator shall require the applicant to furnish in writing information relative to the location of the proposed installation, the manner of its construction, whether underground or overhead, and satisfactory evidence that the consent of all affected property owners has been obtained. The City Administrator shall then refer the proposal to the utility committee, as established in this Section. . Subd. 7 Utility Committee. The utility committee shall consist of the City engineer, a planning commission member or public works committee member appointed by the Council, and the City building inspector. The committee shall review utility proposals upon the basis of the principles set forth in this Section and promptly submit its report to the Council advising the Council whether, on the basis of the principles stated, in this Section, the proposed installation should be approved. If the utility committee is of the opinion that underground installation of the proposed utilities should not be required on the basis of the standards set forth in this Subsection, it shall so recommend to the Council. Recommenda- tions of the utility committee shall be by a vote of at least two (2) of the three (3) members 10 - 48 '. I ~ I I I I I I . I I I I I I I ~ I r I ' City of Arden Hills ~ I I I I I I . I I I I I I ~ I Chapter 10 Utilities thereof. Subd. 8 Exceptions. A. The provisions of this Section may be waived by the City Council upon recommendation to that effect by the utility committee and upon the finding of the Council that either or both of the following are applicable in case of the particular application: 1. The placing of electric and telephone utilities underground would not be compatible with the development planned. 2. Unusual topography, soil, or other physical conditions makeutiderground installation unfeasible from an engineering viewpoint, or the cost thereof impractical. B, Routine maintenance, emergency repairs to existing distribution lines, and temporary service to a construction project are exempt from submission requirement of this Subsection. Subd. 9 Restraining Actions. In the event of a violation or a threatened violation of this Subsection, the Council, or any member thereof, in addition to other remedies, may institute 10 - 49 City of Arden Hills Chapter 10 Utilities appropriate actions or proceedings to prevent, restrain, correct, or abate the violations or threatened violations and it shall be the duty of the city attorney to institute the action within his or her discretion. Subd. 10 Action by Taxpayer. Any taxpayer may institute mandamus proceedings in district court to compel specific performance by the proper official or officials of any duty required by this Subsection. 1010.14 Surface Water Management Utility. Subd. 1 General Operation, The Municipal Surface Storm Water Runoff system shall be operated as a public utility (hereinafter called the surface water management utility), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. Subd. 2 Definitions. A. Utility Factor. The utility factor is defmed as the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches, for a 1/3 acre residential lot, assuming a 2" rainfall and Soil Conservation Service (SCS) "Type B" soil conditions. 10 - 50 1 I .. I I I I I I . I I I I I I I I ~ I r I' ~ I 1 1 I I I . I I I I I I ~ I City of Arden Hills Chapter 10 Utilities B. Surface Water Management Fee. The surface water management fee is defined as the quarterly charge developed for each parcel of land pursuant to City regulations and zoning classifIcations and shall be established by City Council resolution. C. Quarterly Surface Water Management Utility Budget. The quarterly surface water management budget is the estimated quarterly expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the surface water utility, in accordance with established City policy. This budget shall be established from time to time by City Council resolution. Subd. 3 Establislunent of Fees. Surface water management fees shall be established by City Council resolution. The following steps shall be taken to determine the quarterly fee to be charged to each property: A. A calculation shall be made of the total area, in acres, of property zoned R-l, R-2, R-3, R-4, 1-1, 1-2, B-1, and B-2 within the City. B. A determination shall be made whether each individual property within these zoning classifications is developed or undeveloped. C. The total number of developed acres of property within these zoning 10 - 51 City of Arden Hills Chapter 10 Utilities classifications shall be calculated. D. The total acreage of developed property zoned as R-l, single family residential, shall be divided by the total acreage calculated in Step C. This yields the percentage of total developed property that is zoned R-l. E. The City Council shall establishell, by resolution, the quarterly budget for the revenue to be generated. F. The portion of the quarterly budget to be charged against properties zoned R-l shall be calculated by multiplying the percentage found in Step D. by the budge amount in Step E. G. The rate per acre for property zoned R-l shall be calculated by dividing the revenue for R-I properties in Step F, by the total acreage of developed properties found in Step C. This rate shall be the basis for all rates charged to any other zoned properties within the City. H. The volume of storm water runoff shall be calculated for all properties zoned R- 1, R-2, R-3, R-4, 1-1, 1-2, B-1, and B-2. The methods used for these calculations shall follow the U.S. Department of Agriculture Soil Conservation Service guideline for soil types common to Arden Hills. A curve number shall be chosen for each 10 - 52 '. I ~ . I I I I I . I I I . . I I ~ I '. COy of "dm Hill, r-' zoning classification, which shall be an approximate measure of the percentage of I I I I I I . I I I I I I . I Chapter 10 Utilities impervious surface on the property. The volume of runoff for each zoning classification shall be calculated using the following equation. Q = (p - O.2S)2 P + 0.8S Where Q = runoff, cfs S = (lOOO/cn) - 10, dimensionless p = 2, inches I. The runoff value calculated in Step H. for R-l properties shall be considered the base rate. The runoff value for each of the other zoning classifications shall then be divided by the base rate to yield a utility factor for each zoning classification. This utility factor shall be a measure of the additional runoff created from the property as compared to a single family lot. The utility factors for each zoning classifIcation shall be listed in the following Subdivision. 1. The rate per acre for all zoning classifications, except R-t, shall be calculated by multiplying the utility factor found in step 1. by the base rate determined in Step G. Subd. 4 Factors for Determining Fees for Various Land Uses. The utility factors for various land uses used to determine the surface water management fees are assigned as follows: 10 - 53 City of Arden Hills Chapter 10 Utilities Zonin go Districts Land Use Utility Factor R-l Single-Family Residential (1\3 acre lots) 1.00 R-2 Single and Two-Family Residential (114 acre lots) 1.31 R-3 Townhouse and Low Density Multiple Dwellings 2.72 R-4 Multiple Dwelling 2.72 1-1, 1-2 Limited and General Industrial 4.25 B-1, B-2 Limited and General Business 4.25 Subd. 5 Adjustment of Fees. The City Council may adopt policies, by resolution, for adjustment of the surface water management fees. Information to justify a fee adjustment shall be supplied by the property owner. Surface water management fees shall be adjusted under the following conditions: A. Revision of Quarterly Surface Water Revenue. The estimated expenditures for the management of surface water shall be revised at a frequency specified in this 10 - 54 "I ~ I I I I I I . I I I I I I I It I r' I' ~ I 1 I I 1 I ~ I I I I I I I ~ I City of Arden Hills Chapter 10 Utilities Code. The fees shall be adjusted accordingly and will follow established City procedures for this adjustment of utility (water and sewer) rates. B. Changes in Developed Conditions of Parcels. C. Storm Water Retention. If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the surface water management fee shall be reduced by a percentage equal to that percent of the parcel which produces no external runoff. A fee reduction of 20 percent or greater must be demonstrated. Subd. 6 Undeveloped Land, Undeveloped properties, without regard to zoning classification, shall be assessed at one-half the rate, charged to developed property zoned as R-l. Subd. 7 Exemptions. The following land uses shall be exempt from the surface water management fee: A. Public Right-of-Way B. Lakes C, Parks 10 - 55 City of Arden Hills Chapter 10 Utilities Subd. 8 Mailing Statements of Charges. Statements for the preceding quarterly Surface Water Management service shall be mailed to each customer pursuant to the same procedures as listed under Subsection 1010.11 of this Code. Subd. 9 Fee Appeal. If a property owner or person responsible for paying the surface water management fee believes that a particular assigned fee is incorrect, such a person may request that the fee be recomputed. Appeals shall be heard by the Council once a year in accordance with the schedule established for credit applications, in established City policy. Subd. 10 Penalties for Delinquent Payments of Fees. A penalty equal to 10% of the amount due shall be added to accounts not paid in full on or before the 1st day of the second month following the billing periods and to each quarterly billing thereafter until the amount of the delinquent account plus accrued penalty is paid in full or otherwise certified to the County Auditor as a delinquent account. Subd. 11 Annual Certification of Delinquent Accounts. Each year the City Administrator shall prepare a list of delinquent surface water management service charge accounts, including accrued penalties thereon, in the form of an assessment roll. On or before November 30 of each year, the City Council shall review the delinquent surface water management service charge assessment roll and adopt an appropriate resolution directing that the assessment roll be certified to the County Auditor as a lien against the premises served and directing the County Auditor to collect the assessment as part of the ensuing 10 - 56 -I ~ I I I I I I -- I I I I I I I ~ I . r I' ~ I I I I I I . I I I I I I ~ I City 'of Arden Hills Chapter 10 Utilities year's tax levy. All delinquent surface water management service charge assessments shall bear interest, at a rate determined by the City Council, from the date on which the delinquent surface water management service charge assessment resolution is adopted until December 31 of the following year. 10 - 57 FRIDA Y Oakdale pushes for underground power lines JIM BROEDE STAFF WRITER . . IF YOU GO The City Council will meet at 7 p.m. Tues- day In Oak- dale City Hall,1584 Hadley Ave. N. .,- I; SAINT PAUL PIONEER PRESS NSP asked the city to pay the additional cost, but the City Council denied the request. "NSP will make a nice profit from a high-power user' such as Imation and other development in Oakdale," city administrator Craig Waldron said. "That should allow NSP to easily offset those additional costs, probably in less than a year." Timmermann, meanwhile, called for NSP to be a good neigbbor. "It wouldn't burt for NSP to spend more on aestbetics," sbe said. "That power line to Imation will pass by a residential neigb- borhood where tbe people recent- ly objected to baving to look at a new nearby service station and small strip shopping center. Now, if they have to also look at overhead power lines, they'll he even more upset." W ertisb said tbe issue goes beyond money. . '''Underground lines aren't always tbe most reliable way to go," he said. HWhen we have problems with underground lines, the outages usually last longer. It's easier locating and fixing a problem on an overbead line." NB -' Ll In' Oakdale, bigb-wire acts may become a thing of tbe past. Tbe City Council is expected to adopt' an ordi- nance Tuesday requiring all future power line installa- tions to go underground in the community of 25,000 residents. "More and more of our citi- zens are objecting to overbead lines," Council Member Sherry Timmermann said. "It.s mostly an issue of aesthetics. If those lines are buried, it'll improve the scenery, around here." The city's planning commission voted unanimously -to recom- mend approval of tbe nel!' ordi- nance. But tbere's opposition .from Northern States Power Co. John Wertish, NSP's communi- ty service manager, said it will cost an extra $338,000 to bury a proposed new mainline. feeder intended to serve Imation, a fast- expanding 3M spin-off company in Oakdale. SECTION 6 PAGES In Eagan, where underground lines have been required in new subdivisions since the 1970s, city officials say the problems bave been few and far between. ... "I've been here since 1979," _ Eagan public works director Tom Colbert said, "and I can't. recall a single power outage due to underground line .failure. Out- ages bave been primarily the result of storm damage to elec- trical substations." Overhead lines are allowed in Eagan only in rare instances. "Obviously, high-voltage trans- missJon lines, are too expensive or impractical to go under-' ground," Colbert said. "But all local distribution lines are buried." . The City Council will meet at. I 7 p.m. Tuesday in Oakdale City . Hall, 1584 Hadley Ave. N. e Jul-30-97 01:46P C;ty OT Oakdale 612 730 2818 P.01 July 1997 e Sec. 23-40. Purpose. The City Council finds that it is in the public interest and desirable in order to promote and preserve the general welfare, assure the orderly development of the City, and provide for the safety and convenience of its inhabitants, that new transmission lines of electrical utilities, excluding high voltage transmission lines of 15,000 volts or more be placed, constructed and installed underground, See. 23-41. Underground Electric Wire Installations. In addition to any other requirements of this code, the following shall be applicable to the installation of electric distribution systems of all electrical utilities excluding high voltage circuits and transmission lines of 15,000 volts or more. 1. Every permanent extension of any distnoution lines, circuits and systems and any service lateral providing permanent electric power service shall be installed underground when for: (a) Any new installation of buildings, signs, streetlights or other structures where the service lateral is street fed; (b) Any new subdivision e (c) Any new development or industrial park containing new commercial or industrial buildings. 2. Any permanent replacement, relocation or reconstruction of more than 400 yards of any distribution line, circuit or system of any such utility and any service lateral shall be installed underground when for or made in connection with street paving, street widening, public utility installation and other such projects. Such requircments may be waived by the City Engineer when it is not technically or economically feasible. 3. Wherever any part or portion of the distribution system of any such utilities in the municipality is now loated underground, such part or portion shall remain underground and any replacement, relocation, reconstruction, repair and extension thereof shall be installed underground, 4. All high voltage circuits and transmission lines of 15,000 volts or more which are constructed within the corporate limits of this municipality after obtaining approval of the City Engineer, if; however, not feasible to be place underground, shall be placed whenever possible on two-legged or single-pole structUres of metal or wood unless the City Engincer approves of other structural techniques, _._'U P....t .TO CD "T'l0ftC_ 7671 330 Fa.. Jul-30-97 01:46P C;ty of Oakdale 612 730 2818 P.02 July 1997 Sec. 23-42. Exception, Emergency or Unusual Circumstances. . Notwithstanding the provision of this Ordinance, the City Engineer may grant special pcrmission on such terms as he may deem appropriate in cascs of emergency or other unusual circumstances, without discrimination as 10 any person or utility, 10 temporarily erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for periods up to rllnll (9) months_ Said permits may be rcnewed for additional six-month periods upon good cause shown. Upon a showing of unusual circumstances of a permanent nature which cause extreme hardship, the Council may grant special permission to a person or utility to erect, construct, install, maintain; use or operate poles, overhead wires and associated structurlls within the corporate limits of this municipality. SIlC. 23-43. Liability and Claims. All persons and companies providing electrical distribution and communications services under lhis Ordinance shall al all times save the City harmless from all damages arising from all accidents, injuries or any damage whatsoever that may be caused to any person or property due to the installation or use of any underground wiring. conduit or cables installed pursuant to the terms of this Ordinance and upon a ten-day (10) notice from the City shall appear and defend all suits for damages against the City as a result of any such accident, injury or damage_ S<<. 23-44. Application for Underground Space. . Persons or companies making application for spaces for underground facilities shall present their application and location drawings to the City Engineer clearly indicating the type of underground system to be used, whether the system is to be a joint system to include electric supply and communications facilities, and specifYing the proposed start and duration of the construction and the part of the street needed for construction. When such system, plans and specifications have been approved by the City Engineer, applicants who are unable to show financial responsibility to the satisfaction of the City Engineer may be required to deposit with the City a sufficient sum to defray the cost of repaving that portion of the street used by them in case such paving is required. Sec. 23-45. Issuance of 'Permit. The City Engineer shall then issue a permit fOf such applicant granting the right to enter upon such streets as may be necessary, designating that po rtion that such applicant may be permitted to use and the location of their underground facilities. Any question arising regarding the amount of space to be allowed any applicant or the location of their underground facility shall be determined by the City Engineer, and where a disagreement arises with reference to the City Engineer's decision, the said decision may be appealed to the Council for final determination_ Sec. 23-46. Instanation of Underground Facilities. 331 . Jul-30-97 01:47P C;ty or Oakdale . e- .~ 612 730 2818 P.03 . . July 1997 L Underground facilities shall be located in the designated space ;u approved by the City Engineer. All excavations for the purpose of placing facilities underground shall be made in accordance with specifications as approved by the City Engineer. Periodic inspections of excavations and bade.filling procedures wiU be conducted by representatives of the Engineer to insure adherence and compliance to specifications. 2. The top of all duct and cable system structures shall be located at a sufficient depth, in accordance with the National Electric Safety Code, to protect the system from injury. 3. All utility companies shall keep current records and plats of all underground facilities they own and operate. Such plats shall be available to all other utility companies and this municipality immediately upon the request of the Engineering Department. 4. In the repair, addition or change of any underground facilities, no person or company shall be permitted to interfere with the Wlderground facilities of any other person or company, except so far as shall be necessary to make such repairs, additions or changes. AJl such repairs. additions, or changes shall be made in accordance with specifICations as approved by the Engineer and the Engineer shall be notified before work thereon is commenced. S. Conditions requiring emergency street opening and for repair may be handled at the discretion ofthe Engineer. 6. All companies laying underground facilities under provisions oftms Ordinance shall begin such worle at a time fixed by the Engineer and shall proceed with the construction of the same following the time scheduling as ordered by the Engineer. See. 23-47. Authorized Servicemen. Those employees designated or authori~d by any utility to enter any building, areaway, or other private place, for the purpose of placing, extending, or repairing any wires, cables, conduits, or other fixtures pertaining to the underground electric service, shall be furnished appropriate identification which shall be displayed upon request No person except those designated shaJI seek to enter any private place under pretense of being employed on such service and no authorized servicemen shall in any way alter, remove or interfere with the wires, cables, conduits or fixtures of any person or company other than thai: in whose employ he may be, without proper authority from the owners or agents thereof See. 23-48. Existinl Poles, Wires. Nothing in this Ordinance shall be construed as prohibiting necessary repairs to any poles or wires properly in use within the corporate limits of this municipality. 332 , . e e e City of Arden Hills Chapter 12 Subdivisions . (),.? T '7. : . (h' (;,J...JI.. _'.V /-ff" '1 Chapter 12 Subdivisions * Section 1200 - Introduction 1200.01 Purpose and Interpretation. Each new subdivision becomes a permanent unit in the basic physical structure of the future community, a unit to which the future community will of necessity be forced to adhere. Piecemeal planning of such subdivisions without correlation to the City plan, will bring a disastrous disconnected patchwork of plats and poor circulation of traffic. In order that new subdivisions will contribute toward an attractive, orderly, stable and wholesome community environment, adequate municipal services, and safe streets, all subdivisions hereaftef platted within the incorporated limits of the City f(ilN)WmgJM~4fumi#f~tlJ:ij~G~ishall, in all respects, fully comply with the regulations bereiH!lftef-set forth in this Chapter. In their interpretation and applicatiQiti the provisions of this Chapter shall be the minimum requirements adopted for the protection of the public health, safety and general welfare. 1200.02 Scope. Except in the case of a resubdivision, this Chapter shall not apply to any lot or lots forming a part of subdivision plats recorded in the office of the register of deeds or registrar of titles prior to March 27, 1967, nor is it intended by this Chapter to impair or interfere with existing provisions of other laws or provisions of this Code except those specifically repealed by, or in conflict with, this Chapter, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which *State law reference-Subdivision regulations, M.S.A. ~ 462.358. 12 - 1 City of Arden Hills Chapter 12 Subdivisions the City is a party; provided however, that such private restrictions or restrictive covenants may impose stricter requirements than established by this Chapter, but may not decrease the re uirements im osed herem.cirilhis5edi6K q p HHH_ In any case where the division of a parcel of land into two (2) or more lots or parcels for the pW]JOSe of transfer of ownership or building development does not come within the defInition of subdivision as defmed by this Chapter, a description of such land division shall be fIled with the City ~strator who shall submit copies of such division of land to the City engineer and the Planning Commission. No building permit for such lots or parcels shall be issued until said-t@ description has been filed with the City. 1200.03 Building Permit. No building permit shall be issued for the construction of any building, structure or improvement on any land required to be subdivided by this Chapter until all requirements of this Chapter have been fully complied with. 1200.04 Def'mitions. For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given in this Section. Subd. 1 Butt Lot. r::a@ttmtg~a lot at the end of a block and located between two (2) corner lots. Subd. 2 City Plan. tGitY~lil#m$1lliJtfu~a comprehensive plan adopted by the City Council indicating the generaIlocations recommended for the various functional classes of 12.2 , . e e e . . . . 'City of Arden Hills Chapter 12 Subdivisions public works, places and structures, and for the general physical development of the City, and includes any unit or part of suell-~plan separately adopted and any amendment to such plan or parts thereof. Subd. 3 Final Plat. tFiMt;miltm~Mll~:tthe final map, drawing or chart on which the subdivider's plan of subdivision is presented to the City Council for approval and which, if approved, will be submitted to the county register of deeds or registrar of titles. Subd. 4 Lot.:"MMMWr@,~::a parcel of land in a subdivision, or plat of land, distinguished from other parcels by description as on a subdivision or record-of-survey map or by metes and bounds, for the purpose of sale or lease or separate use thereof. Subd. 5 Easement. tf~~Mtt~Jli\ll'l:#~.a right granted by an owner of land for the specific use of said-~]and by the public generally, or to a person or persons. Subd. 6 Minimum Subdivision Desi n Standards. tMilllliiJ:illfStibdhiiSioli'OMf' g ....................................................................ilW $t1fu4l\~r$M~F~#he guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements set forth in the preliminary plan. SUbd. 7 Owner. t~~t$l1lUm~M:any individual, frrm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to 12 - 3 City of Arden Hills Chapter 12 Subdivisions . commence and maintain proceedings to subdivide the same under this Chapter. . Subd. 8 Pedestrian Way. tl!~Wiyt'#HWfuii'Ma way, public or private, running across or located within a block for use by pedestrian traffic, whether designated as a pedestrian way, crosswalk or however otherwise designated. Subd. 9 Planning Commission. tr~#.gq&mml:$~QM~MUi#(iilithe person or persons designated by the City Council to advise it on planning matters. Subd. 10 Preliminary Plan.tl!tii.lifuir@')':rnWm$hliUm~the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the City Council for its consideration. . Subd. 11 Protective Covenants. tm&,ei:itbi:~qQy@M($t'$~U;~l:ontracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. Subd. 12 Setback Line, Building. t~~pjmMf$\ij~ijijigtw;m~a required open space on a lot, which space is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Chapter and other City ordinances. . 12 - 4 . . . . City of Arden Hills Chapter 12 Subdivisions Subd. 13 Streets. A "street" is-~~.a public way for the conveyance of vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise designated. $f~fu}iY:MtlM:sifil';(J~$fqUQWM A. "Collector street" is-AAlWm~a street which carries traffic from local streets to streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. B. "Cul-de-sac" is-$ljii1l~a street with only one outlet. C. "Local street" is-$ljimi:iJ(@ja street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood. D. "Major arterial" is-s1Wlm~.@HSllally-a divided highway with four or more lanes and serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. E. "Minor arterial" sliii1~tf@llt~street system WJi!\$interconnects with and augments the urban major arterial system and provides service to trips of moderate length at somewhat lower level of travel mobility than major arterials. This system 12 - 5 City of Arden Hills Chapter 12 Subdivisions distributes trnvel to geographical areas smaller than those identified with the higher . system. F. "Street width" is-~I~the shortest distance between the lines delineating the right-of-way of a street. G. "Thoroughfare" i~a-$ljMlm~6U:!~fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas. Subd. 14 Subdivider. t~(fu'4Ititt$ij~Um~1IllY person commencing proceedings under this Chapter to effect a subdivision of land hereunder for himself !W:~{)r for another. . Subd. 15 Subdivision. t$lil)Qli6$ii.jit~~llm~the division of a parcel of land into two (2) or more lots or parcels, any of which resultant parcels is less than five (5) acres in area or is less than three hundred (300) feet in width. In addition "subdivision" shall include the division of a parcel of land in such manner that any of the resultant parcels have less than twenty (20) feet thereof abutting on a public right-of-way. The term "subdivision" includes resubdivision and, when appropriate to the context, shall apply to the process of subdividing or to the land subdivided. The acquisition of land by any means for purposes of erecting or installing utility lines, . 12 - 6 . . . City of Arden Hills Chapter 12 Subdivisions including underground gas lines, overhead power lines, transmitting towers, or similar utility sites, or easements shall be considered a subdivision when such utilities are designed to serve more than one lot. 1200.05. ~~~~~~~9t~ftm~~g~~@~QPt@ ij@ffPm~jQijl@.&ffl~fuI#l.ijy~CP~J~~~l:iY~i;i(Jt&gf~#~ij(:~Mij~~fum QfWli'.~pM::..@!t.~..~~'.~#.J#'l'#n.;. 1200.06 Copies of Plats. Copies of all of such plats of subdivisions, after the same have been submitted and approved as provided in this Chapter, shall be filed and kept by the City At"" ~'g "'" """'" of"'" Cily. Section 1210 - Procedure 1210.01 Filings. Before dividing any tract of land into two (2) or more lots or parcels, an owner oc ~bdi,i"" '''''', ,,'= . "ri~ ;, .othoriud, fi" wi" .., Oty ~"". S-evV^C1) A. ~ copies of the preliminary plan. B. Sueb-~lump sum fee in cash for the entire subdivision, plus suc~..<:ash fee for each lot in the subdivision. as-bave-~ ~$1iiiln~~established in a resolution adopted by the Council. This-fee-wiH-]::<~~mmbe used for expenses of the City in connection with approval or disapproval of Sftid-mt;plan and any [mal plat which may thereafter be 12 - 7 City of Arden Hills Chapter 12 Subdivisions submitted. C. If the subdivider requests that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the City &istrator shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of sueh-~_estimated cl$;) the ~sha11 be paid to the City treasurer in addition to the fe~t~~ meaUened in Subparagraph B. above, to cover the cost of preparing and filing sueh--tl:ijirevised assessment. 1210.02 Necessary Data for Preliminary Plan. The preliminary plan shall be clearly and legibly drawn. The size of the map shall not be less than twelve (12) inches by eighteen (18) inches. All subdivision maps shall be drawn at a scale of one inch equals one hundred (100) feet, unless otherwise required by the City Council. The preliminary plan shall contain the following information: Subd. I Identification and Description: A. Proposed name of subdivision, which name shall not duplicate or be alike in pronunciation or deceptively similar to the name of any plat theretofore recorded in the county. 12 - 8 e . . e e e City of Arden Hills Chapter 12 Subdivisions B. Location by section, town, range or by other legal description. C. Names and addresses of the owner, subdivider, surveyor and designer of the plan. D. Graphic scale. E. North-Point. F. Date of preparations. Subd. 2 Existing Conditions: A. Boundary line of proposed subdivision, clearly indicated. B. Existing zoning classifications. C. Total approximate acreage. D. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility right-of-way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines within the tract and to 12 - 9 City of Arden Hills Chapter 12 Subdivisions a distance of one hundred (1 (0) feet beyond the tract. e E. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of one hundred (1 (0) feet beyond the tract. Such data as grades of streets, invert elevations, and locations of catch basins and manholes shall also be shown. F. Boundary lines of adjoining unsubdivided or subdivided land within one hundred (100) feet, identifying by name and ownership. G. Topogrnphic data, including contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (I (0) feet apart. Watercourses, marshes, wooded areas rock outcrops, power transmission poles and lines, and other significant features shall also be shown. e Subd. 3 Subdivision Design Features: A. Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street heretofere-ilSed--~ID~in this county shall not be used, unless the proposed street is an extension of an already-named street, in which event the name shall be used. B. Location and widths of proposed alleys, pedestrian ways and utility easements. e 12 - 10 e e e City of Arden Hills Chapter 12 Subdivisions C. Typical cross-sections of proposed improvements upon streets and alleys, together with an indication of the proposed storm water runoff. D. Approximate center line gradients of proposed streets and alleys, if any. E. Location, size and approximate gradient of proposed sewer lines and water mains if any. F. Layout identification numbers and typical dimensions of blocks and lots. G. Minimum front and side-street building setback lines, indicating dimensions. H. Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. Subd. 4 Other Information: A. Statement of the proposed use of lots stating type of residential buildings with mnnber of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fife hazards or congestion of population. B. Proposed protective covenants, if any. 12 - 11 City of Arden Hills ~ter 12 Subdivisions _f C. Source of water supply. D. Provisions for sewage disposal, drainage and flood control. E. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions. F. In the event lots in the proposed plat are substantially in excess of the minimum size required by zoning regulations, a preliminary resubdivision plan shall be sub- mitted showing a potential and feasible way in which the excess size lot or lots may be resubdivided in future years to permit more intensive use of the land. 1210.03 Council Actions. Subd. 1 Initial Response. At its next regular meeting following the filing of suel!-~ preliminary plan, the City Council shall: A. Set a public hearing on the preliminary plan, which hearing date shall be not more than forty-five (45) days after the date of such setting. The City Council may authorize the Planning Connnission to conduct the hearing. The Council shall cause notice of said-~bearing to be published in the official City newspaper at least five (5) days prior to the hearing. 12 - 12 . . . e e e City of Arden Hills Chapter 12 Subdivisions B. Refer two (2) copies of the preliminary plan to the Planning Commission for its examination and report and one copy to the City engineer for his i)t~ examination and report. Copies of the report of the City engineer shall be given to the City Council and Planning Commission at least ten (10) days prior to the date of public hearing. Subd. 2 Public Hearings. A. In the event the Council has provided that the public hearing shall be conducted by the Planning Commission, the Planning Commission shall make its report to the City Council at the fIfst regular meeting of the Council following suelr-~public hearing. B. In the event the Council does not refer the public hearing to the Planning Commission, the report of the Planning Commission shall be given to the Council before the time set for suelr-l:l:\~public hearing. Subd. 3 Time Line. A. The City Council shall act on the preliminary plan by resolution approving or adopting it within thirty (30) days after receipt of the report of the Planning Commission, if the Planning Commission is designated to conduct the public hearing. If the Planning Commission does not conduct the public hearing, then the 12 - 13 City of Arden Hills Chapter 12 Subdivisions Council shall take action by resolution within thirty (30) days after the public hearing. . B. If the report of the Planning Commission has not been received within seventy-five (75) days, after referral of saitl-~matter to the Planning Commission, the Council may act on the preliminary plan without sueft.-tAAreport. Subd. 4 Approval and Denial. If the preliminary plan is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plan is approved, sueft.-~'approval shall not constitute fmal acceptance of the subdivision. . 1210.04 Qualifications Governing Approval of Preliminary Plan. Subd. 1 Revision. The City Council may require such changes or revisions as it deems necessary for the health, safety, general welfare and convenience of the City. Subd. 2 Scope. The approval of a pre1iminary plan by the Council is tentative only, involving merely the general acceptability of the layout as submitted. Subd. 3 Additional Approval Required. Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal, gas and electric service, grading, gradients and roadway widths and the surfacing e 12 - 14 e . e City of Arden Hills Chapter 12 Subdivisions of streets by the City engineer, and other public officials having jurisdiction, prior to the approval of the final plat by the City. Subd. 4 Flooding. No plan will be approved for a subdivision which covers an area subject to periodic flooding or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City engineer, make the area completely safe for occupancy, and provide adequate street and lot drainage. 1210.05 Final Plat. Subd. I Filing. The owner or subdivider shall file with the City Administrator seven (7) copies of the final plat not later than three (3) months after the date of approval of the preliminary plan; otherwise, the preliminary plan and fmal plat will-ij)ilU:be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council. The owner or subdivider shall also submit at this time an up-to-date certified abstract of title or registered property report and such other evidence as the City attorney may require showing title or control in the applicant. Subd. 2 Incorporation of Changes. The fInal plat shall have incorporated thereifr-m'::U all changes or modifications required by the City Council; in all other respects it shall conform to the preliminary plan. It may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time, provided 12 - 15 City of Arden Hills Chapter 12 Subdivisions that such portion conforms with all the requirements of this Chapter. . Subd. 3 Verification of Form. The City Council shall consider the final plat officially ftled after the Planning Commission, the City engineer and the City attorney have examined it and advised the Council that it is in proper form. Subd. 4 Referrals and Decisions. Within five (5) days after the fmal plat is fil~; the City A~tor shall refer two (2) copies of the fmal plat to the Planning Commission, one copy to the City engineer, and one copy to the City attorney and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report shall be referred to the City attorney for his pt't@#examination and report. The attorney's report shall be given to the City Council within fifteen (15) days. The -. reports of the Planning Commission and engineer shall also be given to the Council within fifteen (15) days. The Council shall either approve or disapprove sftid-~fmal plat at its next regular meeting following receipt of Sll€h-$.~reports. Subd. 5 Reporting and Recording. A. If the final plat is approved by the City Council, the subdivider shall record it with the county recorder or registrar of titles within sixty (60) days after the date of approval; otherwise, the approval of the final plat shall be considered void. In the event that the plat is disapproved, the grounds for such disapproval must be . reported in proceedings of the Council and be duly transmitted to the applicant. 12 - 16 . . . City of Arden Hills Chapter 12 Subdivisions B. The subdivider shall, immediately upon recording, furnish the City Administrator with a tracing and three (3) prints of the final plat showing evidence of the recording. 1210.06 Necessary Data for Final Plat. Subd. 1 General. The final plat shall be prepared by a registered surveyor and shall conform to all State and county requirements and the requirements of M$/Section. ~ ftefeuBder.., All information required on the preliminary plan, except that contained in subdivisioo--(6)-$l\&ti,Wof $i~section 2~1~lQ;QAand topographic data and zoning information, shall be accurately shown. Subd. 2 Additional Delineation. A. The final plats shall include accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, alleys, easements, areas to be reserved for public use, and other important features. Dimensions of lot lines shall be shown in feet and hundredths. B. When lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the width at the building setback line shall be shown. C. All blocks shall be identified by consecutive numbers. Lots within each block 12 - 17 City of Arden Hills Chapter 12 Subdivisions shall bear consecutive numbers. . D. The ftnal plat shall include true angles and distances to the nearest established street lines or official monuments (not less than three (3)) which shall be accurately described in the plat. E. Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles. F. Radii, internal angles, points and curvatures, tangent bearings, and lengths of an arcs. . G. Accurate location of all monuments. H. Accurate outlines and legal description of any areas to be dedicated or reserved for public use. I. Certification by a registered surveyor in the form required by Section 505.03 Minnesota Statutes. J. Execution by all owners of any interest in the land and any holders of a mortgage thereon of the certificate required by Section 505.03 Minnesota Statutes, which certiftcate shall include a dedication of the utility easements and any other . 12 - 18 e e e City of Arden Hills Chapter 12 Subdivisions public areas in such form as shall be approved by the City attorney. K. Certifications showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full. L. Form of approval of City Council as follows: Approved by the City Council of the City of Arden Hills, Minnesota, this _ day of . 19_ City Clerk M. Form for approval by county authorities as required. Section 1220 - Minimum Subdivision Design Standards 1220.01 Conformity with City Plan. The proposed subdivision shall conform to the City plan. 1220.02 Street Plan. The arrangement, character, extent, width, grade and location of all streets shall conform to the City plan and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, to public convenience and safety. and in their appropriate relation to the proposed uses of the land to be served by suelt-~St:reets. 12 - 19 City of Arden Hills Chapter 12 Subdivisions The arrangement of streets in new subdivisions shall make provision for the appropriate e continuation of the existing streets in adjoining areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of the streets. 1220.03 Streets. Subd. 1 Widths. All street widths shall conform to the following minimum dimensions: Major Arterial ... . . .. 100 Minor Arterial .. . .. ... 80 Collector ........... 70 Local ............ 60 Cul-de-sac .......... 60 e Subd. 2 Street Deflections. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than three hundred (300) feet for local and collector streets, and of such greater radii as the City Council shall determine for special cases. Subd. 3 Reverse Curves. Tangents of at least fifty (50) feet in length shall be introduced between reverse curves on collector streets. e 12 - 20 e e e City of Arden Hills Chapter 12 Subdivisions Subd. 4 Street Grades. All center line gradients shall be at least 0.5 percent, and shall not exceed the following: Major Arterial . . As agreed upon with the city engineer Minor Arterial . . . . . . . . . . . . . . . . .. 4% Collector ..................... 4% Local ... . . . . . . . . . . . . . . . . . .. 6% Subd. 5 Vertical Curves. Different connecting street gradients shall be connected with vertical parabolic curves. Minimum length, in feet, of these curves shall be fifteen (15) times the arithmetical difference in the percent of grade of the two (2) adjacent slopes. Subd. 6 Local Streets. Local streets shall be so aligned that their use by through traffic will be discouraged. Subd. 7 Street Jogs. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided. Subd. 8 Safe Intersections. It must-$bjittbe evidenced that all street intersections encourage safe and efficient traffic flow. The angle formed by the intersecting of streets shall not be less than sixty (60) degrees with ninety (90) degrees preferred. Subd. 9 Alleys. Alleys wiIl--$MRnot be permitted in residential areas unless there is no 12 - 21 City of Arden Hills ~ ~. 1/ Chapter 12 Subdivisions other reasonable solution for access. Subd. 10 Cul-de-sac. Maximum length for cul-de-sac streets shall be five hundred (500) feet measured along the center line from the intersection of origin to end of right-of-way, unless there are eighteen (18) or less lots abutting the cul-de-sac. Each cul-de-sac shall be provided at the closed end with a turnaround having an outside roadway diameter of at least one hundred (1 (0) feet, and a street property line diameter of at least one hundred twenty (120) feet. Subd. 11 Streets Abutting Arterial Streets. Where a subdivision abuts or contains an existing or planned arterial street, the City Council may require local streets parallel and adjacent to the arterial street or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Subd. 12 Half Streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulationSf} and then only when the City Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there is an existing half street adjacent toa tract which is to be subdivided, the other half of the street shall be platted within sueft..~proposed tract. Subd. 13 Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the City Council. 12 - 22 e e e e e . City of Arden Hills Chapter 12 Subdivisions Subd. 14 Railroad or Limited Access Highways Abutting Subdivision. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the City Council may require a street approximately parallel to and on each side of sueb--~:right-of-way at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. SHeh-1'@distances shall also be determined with due regard for the requirements of approach grades and future grade separations. Subd. 15 Private Streets. Private streets shall not be approved nor shall public improvements be approved for any private street. Subd. 16 Hardship to Owners of Adjoining Property. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Sub<!. 17 Street Interval. In general, provisions shall be made at intervals not exceeding one-half mile for through streets (streets running through the subdivision in a fairly direct manner). 1220.04 Alleys and Pedestrian Ways. Subd. 1 Commercial and Industrial. Alleys shall be at least twenty (20) feet wide in commercial and industrial areas. The City Council may require alleys in nonresidential 12 - 23 City of Arden Hills Chapter 12 Subdivisions areas where adequate off-street loading space is not available. e Subd. 2 Pedestrian. Pedestrian ways shall be at least ten (10) feet wide. 1220.05 Easements. Subd. 1 Provided for Utilities. Easements at least twelve (12) feet wide, centered on rear and other lot lines, shall be provided for utilities where necessary and shall be dedicated to the City by appropriate language in the owner's certificate. They shall have continuity of alignment from block to block, and at deflection points easements for pole-line anchors shall be provided where necessary. All utility lines for telephone and electrical service shall be placed in rear lot line easements when carried on overhead poles. e Subd. 2 Provided for Drainage. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of sueb--OOiwatercourse, together with soc..ft-llii.Yfurther width or construction or both, as wiH-~1Ji\ltbe adequate for storm water run off. 1220.06 Blocks. Subd. 1 Factors Governing Dimensions. Block lengths and width or acreage within bounding roads shall be such as to accommodate the size of residential lots required in the e ]2 - 24 . . . City of Arden Hills Chapter 12 Subdivisions area by the zoning ordinance and to provide for convenient access, circulation control and safety of street traffic. Subd. 2 Nonresidential Blocks. Blocks intended for commercial, institutional and industrial use must-~:be designated as such. Subd. 3 Length. Block lengths shall not exceed one thousand eight hundred (1,800) feet nor be less than five hundred (500) feet in length. Subd. 4 Arrangement. A block shall be so designed as to provide two (2) tiers of lots, unless it adjoins a railroad or limited access highway or lake or backs on other subdivisions where it may have but a single tier of lots. Subd. 5 Pedestrian Ways. In blocks over nine hundred (900) feet long, pedestrian crosswalks may be required by the City Council in locations deemed necessary to public health, convenience and necessity. 1220.07 Lots. Subd. 1 Location. All lots shall abut by their full frontage on a publicly dedicated street or a street that has received legal status as such or will receive such status upon approval of the subject plat. 12 - 25 City of Arden Hills Chapter 12 Subdivisions Subd. 2 Size. The lot dimensions in subdivisions shall not be less than the minimum dimensions required to secure the minimum lot area specified in the zoning ordinance of the City. . Subd. 3 Butt Lots. Butt lots shall be platted at least five (5) feet wider than the average width of interior lots in the block. Subd. 4 Side Lot Lines. Side lines of lots shall be substantially at right angles or radial to the street line. Subd. 5 Watercourses. Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width as required, to assure house sites that are not subject to flooding. . Subd. 6 Natural Features. Features-In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions, which if preserved will add to the attractiveness of the proposed development. Subd. 7 Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. Subd. 8 Corner Lots. Corner lots shall be platted at least ten (10) feet wider than the . 12 - 26 City of Arden Hills Chapter 12 Subdivisions e minimum requirement for interior lots as designated in the zoning ordinances. Subd. 9 Grading. Comer lot grading and street intersection grades shall be such that there shall be no blocking of vision at street intersections over three (3) feet in height above street pavement level within fifteen (15) feet of intersecting street right-of-way lines. 1220.08 Public Use Dedications. (' ~ Subd. 1 Streets Utilities and Storm Water. The developer of a parcel of land shall dedicate to the public all streets, sewers, electric, gas, and water facilities; storm water . drainage and holding ponds; and similar utilities and improvements, as reasonably required by the City Council, in order to integrate the proposed development with the City's current and anticipated utility systems. The area to be dedicated for public use shall be delineated on the proposed plat or otherwise conveyed by easement to the City prior to the issuance of any development permits. Subd. 2 Recreation and Conservation. Based upon a review of its comprehensive plan and utility systems, the City Council has determined that all development of property within the City will place a greater demand on the City's need to acquire land for parks, playgrounds, trails, wetlands or open space if the City's physical environment is to be preserved and enhanced. Therefore, in addition to the dedications required by $.ti.~~ . Itsec-tieH-~2-9-A";-the developer of a parcel of land shall dedicate to the public for use as parks, playgrounds, trails, wetlands or open space, a reasonable percentage of the tract 12 - 27 City of Arden Hills Chapter 12 Subdivisions to be developed. In determining the percentage of dedication, the City Council shall take into consideration the amount of open space, park, recreational or commons areas and facilities which the developer has designed into the proposed development for use by occupants of the development. The City Council shall be guided by the following criteria in establishing a particular percentage dedication requirement: A. Residential projects. Gross Density In Dwelling Units Per Acre Percentage Dedication Ot02............ Over 2 to 3 . . . . . . . . . Over 3 to 4 . . . . . . . . . In excess of 4 ....... 6 7 8 10 B. Nonresidential projects or combination residential and commercial projects. The percentage of dedication for nonresidential projects or combination residential/- commercial projects shall not exceed ten (10) percent. C. Delineation of area to be dedicated. The area to be dedicated for recreation and conservation uses shall be delineated on the proposed plat or otherwise conveyed by easement to the City prior to the issuance of any development permits. e . D. Cash in lieu of dedication. In lieu of the dedication of land for recreational and . 12 - 28 e e e City of Arden Hills Chapter 12 Subdivisions conservation purposes, the City Council may require the developer to pay to the City, as an equivalent contribution, an amount in cash equal to the percentage of the land required to be dedicated, multiplied by the fair market value of the property at the time of final approval of the development application. The fair market value of the property shall be determined by reference to current appraisal data or sales information. When appraisal data is utilized, the developer shall reimburse the City for the cost of the appraisal prior to the issuance of any development permits. E. Installment payment. The City Council, at its option, may permit the developer to submit two-thirds (2/3) of the cash equivalency payment over a period of time pursuant to an installment payment agreement approved by the City's attorney. The agreement shall require the payment of interest on the unpaid principal; shall require final payment within eighteen (18) months; and shall require security for the unpaid principal portion thereof. The City may withhold development or building permits for any portion of the project if the developer does not comply with the terms of the installment payment agreement. F. Restriction of use of cash contributions. All cash contributions received by the City pursuant to this provision shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, wetlands or open space; for development of existing parks, playgrounds, trails, wetlands or open space areas; or for debt retirement in connection with land previously acquired for such pur- 12 - 29 City of Arden Hills Chapter 12 Subdivisions poses. e Section 1230 - Required Improvements ---------A~--N(}_fiBaI-p1at_.sBaH-Be-apjlftwed_by_-the-tity-t~lHl€i~-lffiIess-~nef-er-5tlbtli'fider~ 1230.01 Survey Monuments. 8IlaIl.flave-plac-ed-antJ.ffistaIled-Survey monuments ~ljiUft:mp~~ ii#l1.J~~at all block corners, angle points, points of curves in streets and at intermediate points as shown on the fmal plat required by the City engineer. ~-sueh-$ijti'ilY)nonuments shall be cast iron, as approved by the county surveyor, and shall be set at each comer or angle on the outside boundary. Pipes or steel rods shall be placed at the corners of each lot and at each intersection of street centerlines. All United States, state, county, or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.;-ana e 1230.02 Water. ShaH-have-tietefmmee-The most feasible method of obtaining water for the subdivision, $liljmt:m4(:l#-~M4be in a position to ~<Iemonstrat~ suelr.feasibility,to the satisfaction of the City Councilor such technical agents as it may designate. ;-IHHI--^~l@m~ SM.I1jbe willing and able to contract with the City (as a condition of subdivision plat approval) to produce the type of water supply demonstrated most feasible for the subdivision.~ Water may be provided by individual house wells or by a system consisting of central welles) and pumping station(s) and piping to supply individual homes. It is-$lillU~the announced policy of the City that a central well system for each new subdivision is favored on the basis of greater assurance of public health, reliability of supply, economy in installation of purification equipment if e 12 - 30 City of Arden Hills Chapter 12 Subdivisions e necessary, more effective fire fighting through hydrants, etc., and probable lowered insurance and maintenance costs to individual owners. Accordingly, the City strongly recommends central deep well systems for subdivisions, with cost of equipment prorated to the number of parcels served and the equipment itself, including the well, ~ pumps, tanks, etc., and the lateral feeders as may be appropriate, to be deeded to the City. A pattern of such well systems, if developed over the years, will simplify and make more economical the construction of any future City-wide water system. NOTE: Parts of this provision seem little out of date. Is it still followed? 1230.05 City Improvements. SflaH-have--tlepesited-witll-~$JID!lh1~@~rg$Kw~U.,(the e City A~or a sum equal to one hundred twenty-five percent (125%) of the estimated cost as determined by the City engineer of the following improvements to be constructed and furnished within the subdivision, or shall have-given a performance bond in the same amount to the City to cover the cost of said-tftimprovements. Said-1'n~improvements shall be installed and completed in accordance with the plans and specifications prepared by the City engineer, and at the time of such approval of the fmal plat the City Council may insert a time limit for the completion of saitI ~:improvements, and the performance bond or deposit made by the owner or subdivider shall be in accordance with sooh--($time limitation. Said-~improvements to be constructed and fmished by the owner or subdivider shall include the following: Subd. 1 Street Grading. Street grading of the full width of the right-of-way, including e boulevard, and sidewalk benches of each street dedicated in the plat. 12 - 31 City of Arden Hills Chapter 12 Subdivisions Subd. 2 Street Surfacing. A. All streets shall be improved with pavements constructed to specification of the City engineer to over-all width in accordance with the following minimum dimensions: Type of street Pavement width (in between face of curbs) Major Arterial . . . . . . . . . . . . . . . . .. As agreed upon with the city engineer Minor Arterial ................. Collector . . . . . . . . . . . . . . . . . . . . . Local .. .. .. . .. .. .. .. .. . . .. .. 44 feet 38 feet 34 feet B. Pavements in cul-de-sac turnarounds shall have a minimum outside diameter of :::;" one hundred (1 (0) feet. .~. / ~,~/ ;' \.,-; Subd. 3 Sod. Provide turf between pavement edge and lot line. Subd. 4 Tree Planting. Street trees shall be planted no more than eighty-five (85) feet apart with a minimum of one per lot. They should preferably be placed six (6) to twenty (20) feet inside the property line rather than in the boulevard. The minimum size and type to be planted shall be as approved by the City Council. Subd. 5 Street Markers. AJI)i~~~#i\lt~M4ltliJfi~~igtliiMMl~W$lIi:il: 12 - 32 e e e . . . City of Arden Hills Chapter 12 Subdivisions 1230.04 Additional City Improvements. Subd. I General. It is..fter-eby-~l:*m~dec1ared t&be-tfte.policy of the City to proceed as soon as practicable after final approval of a subdivision plat with installations within the subdivision of such improvements as may be determined to be necessary by the City Council, such as central wells, water mains, street grading, street surfacing, sanitary and storm sewers, water pumping, and storage facilities and hydrants. The City engineer shall be directed to prepare plans and specifications for the same upon acceptance of the fmal plat and shall submit his Qtp~tTecommendations for suc.fi.-U;iimprovements, together with estimated costs, to the City Council. The Council may authorize preparation of suell--lmi plans and specifications by an engineer employed by the subdivider at his i@Mi::sole expense and under the direction and subject to the approval of the engineer. Upon acceptance of the final plat the Council may commence assessment proceedings for the furnishing and construction of said-U;iimprovements within the subdivision, and may order suelt--ef-said-improvements as it deems expedient and necessary. Subd. 2 Alternative. In the alternative, the City Council may authorize the execution of a contract between the City and the subdivider requiring the subdivider to furnish and to construct said-~:improvements at the sole cost of the subdivider, in accordance with plans and specifications and usual contract conditions approved by the Council, which shall include provision for supervision of details of construction by the City engineer, and grant to the engineer authority to correlate the work to be done under said-~contract with other improvements in the subdivision which may be constructed by the City under contract with 12 - 33 City of Arden Hills Chapter 12 Subdivisions others. The subdivider as contractor shall furnish a surety bond with penalty equal to 1.25 . times the cost of the improvements to be made under the contract as estimated by the City engineer, which bond will be in form required by statute for public contractors bonds and will identify the improvements and the time schedule for their completion. 1230.05 Utilities. All utilities $hllltbe installed underground as provided in sec-tieftS--28-l-~ tftroogk-2S-16-l--ef-this Code. All underground work shall be completed prior to street surfacing. 1230.06 Sidewalks. Sidewalks may be required along both sides of all streets; pedestrian ways shall be paved and fenced as approved by the City Council. 1230.07 Curb and Gutter. Concrete curb and gutter shall be required. . 1230.08 On-site Sewers. Where on-site sanitary sewer facilities are proposed to be utilized, soil percolation tests shall be made with the results presented to the City engineer. The engineer shall then present a report thereon to the City Council, which may prohibit the use of individual sewer systems, require larger lot sizes, or otherwise act to protect the public health and welfare. Section 1240 - Variances and Exemptions 1240.01 General. The City Council may grant a variance from these regulations P.ttID~~t<<- following a finding that all of the following conditions exist: . 12 - 34 City of Arden Hills Chapter 12 Subdivisions . A. There are special circumstances or conditions affecting said-~property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his i:ifMtJand. B. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. C. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said--~property is situated. In making this finding the Council shall consider the nature of the proposed use of land and the tit existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as llereiH-provided mOO~U~~mm:the Council shall prescribe only such conditions that it deems desirable or necessary to the public interest. 1240.02 Residential Planned Unit Development. . Subd. 1 Def'mition. For the purpose of this Chapter a "residential planned unit development" is-~l@l~defmed to include a planned development as defined by the zoning ordinance, as amended, and shall also include, without limiting the foregoing~; town house developments, apartment projects involving more than one building, and mixed commercial and residential developments which are primarily residential in character. 12 - 35 City of Arden Hills Chapter 12 Subdivisions Subd. 2 Scope. In recognition of the probability that more attractive residential developments may be fostered by the use of varied design techniques available with a planned unit development, the following provisions of this Seetien-GMm~are hereby exempted for residential planned unit developments when it is proposed that the dwelling units of Stl€1t-~developments are to be sold, but suelt-~:exempted developments shall continue to be subject to the remaining provisions of this pIlfagFllJlh-(&}.-GMm~!'. The exempted provisions are as follows: A. Section 1210.01, 1210.03, 1210.05, Procedure. B. Section 1220.03, Subd. 15, Private streets. C. Section 1220.04, Subd. 2, Pedestrian ways. D. Section 1220.05, Easements. E. Section 1220.06, Blocks. F. Section 1220.07, Lots. G. Section 1230.03, Subd. 4, Tree planting. H. Section 1230.05, Utilities. I. Section 1230.06, Sidewalks. J. Section 1200.03, Building permits. Subd. 3 Rules. A. Streets that are to be dedicated to the public for public use shall be designed and constructed in conformity with applicable regulations of the City. All collector 12 - 36 . . . e e . City of Arden Hills Chapter 12 Subdivisions streets and thoroughfares shall be dedicated. B. There shall be no minimum lot size, no minimum setbacks, no minimum percentage of lot coverage and no minimum lot width. However, every single-family dwelling shall have access to a street, court or walkway. No structtIfe and no group of structures (such as semi-detached dwellings or a row of town houses) shall be erected within twenty-four (24) feet of any other structtIfe or group of structures. C. There shall be no continuous structure of town houses, attached dwellings, or apartments which exceed one hundred fifty (150) feet in length unless the design for structures longer than one hundred fifty (150) feet is acceptable to the City. D. The location and arrangement of structtIfes shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood. E. Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications, as the City Council shall specify. F. All watercourses, drainage ways, channels, streams, lakes and ponding areas shall be contained within the common area and no structtIfe or active facility shall 12 - 37 City of Arden Hills Chapter 12 Subdivisions be placed in such a manner that it will be subject to flooding. . G. Due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots, or similar conditions, which if preserved will add to the attractiveness of the development. H. All utilities shall be placed underground and a blanket easement to the City shall be dedicated over the common areas. I. Sidewalks and pedestriaiji\vays shall be located at the discretion of the City. J. Trees shall be planted throughout the development, with the minimum size and types to be planted approved by the City, at a minimum of two (2) per dwelling unit. . Subd. 4 Procedure. A. Preliminary Plan. 1. Before the developer proceeds to obtain Council approval of the preliminary plat and final plat of his Qt~i:ttresidential planned unit development pursuant to the provisions 8efei!lllftef-set forth#(mi1l~um.t he Q6~~shall fIfSt obtain a special use permit pursuant to the provisions . 12 - 38 City of Arden Hills Chapter 12 Subdivisions e pertainifig--tIlefete-f&~i@ij~~rim~tjn the zoning ordinance. ;-ilS amended:- The documents which the developer shall submit to the zoning administrator to obtain a special use permit shall be those required, in the discretion of the zoning administrator, by the zoning ordinance. ;--iiS lIfIIeBded;-ftIllI-. In addition lBefet&-such of those documents and information specified in Sjlj.section 2';;"3--J~1Q;QZiof this Chapter as the zoning administrator, in the exercise of his i@]i@rliscretion, may require. All of the documents so required and submitted shall constitute, for purposes of this pllfllgfllfJh,~~qmtthe developer's preliminary plan. 2. The Council's approval of the developer's application for a special use e permit shall be deemed likewise-to be its approval of his QKli@prelirninary plan. In approving the preliminary plan, the Council may require such changes, revisions, or modifications ther-eef-as it deems necessary to protect the health, safety, convenience, and general welfare of the City. Such approval is--$.h@(ilmItentative only, involving merely the general tability f the 't d lot ther f 6fme'iiU;I~W.ddeVelmem accep 0 uses, 51 e, an ay u ell """""".......,.."'"",."...,."",.,'..'""""..,00..,'".." <<1m as proposed and submitted. 3. The date on which the Council grants approval of the developer's application for a special use permit shall, for purposes of this pllfllgfllph; ~ij;be considered to be the date on which it has approved his Q(~ e preliminary plan. 12 - 39 City of Arden Hills Chapter 12 Subdivisions B. Preliminary Plat. e I. Not later than three (3) months after the Council has approved the preliminary plan for the developer's residential planned unit development, he l:iKMiMshall file with the zoning administrator seven (7) copies of a preliminary plat for the fIrst phase of suell-~development. Tbe same number of copies of the preliminary plat for each succeeding phase shall be filed with the zoning administrator no later than the date specified in the preliminary plan, for the completion of the previous phase, as approved by the Council. If the preliminary plat for the frrst phase of the development or that for any succeeding phase thereof has not been properly filed by the deadline provided !lefein tlP~~(jij'or in the preliminary plan, the e Council's approval of the preliminary plan shall be automatically withdrawn and said-t$i,plan shall be considered void unless an extension of time is requested in writing by the developer and for good cause granted by the Council. 2. At the time the owner or developer submits the preliminary plat for the fIfst phase of his i5im:i:residential planned unit development, he (jjj~ shall furnish the zoning administrator with an up-to-date certified abstract of title or registered property report for the entire tract of land encompassed by the proposed development and such other evidence as the City attorney may thereafter require to show title or control of the tract in the applicant. e 12 - 40 e e . City of Arden Hills Chapter 12 Subdivisions 3. Also at the time of submission of the preliminary plat for each phase of the residential planned unit development, the developer shall pay in cash to the wning administrator sU€h-~application fee for the entire planned unit development, plus SliC-h@fee for each dwelling unit in each particular phase thereof. ,-lIS--Itiwe-.eeell-esta9Iislletl- $Ms~f~~~~U$h<<.lffilm ij#@W~Jin a resolution adopted by the Council. Ris--lOI~f~$ shall be nsed for expenses of the City in connection with approval or disapproval of the preliminary plat and any fInal plat which may thereafter be submitted. 4. The preliminary plat for each particular phase shall have incorporated therein all the changes, revisions, or modifications required by the Council in its approval of the preliminary plan. In all other respect, it shall conform with the preliminary plan. The data required for each preliminary plat shall be the same as that which is required for a fmal plat in $ij~section 2';!-il J~4(m.l9{)f this Chapter; with the exception, however, that the developer shall comply with the provisions of Subparagraphs U$Mli#4P:~f $lljl:lb@M~Qf$j)~M4ZXQ:Ql54-G,-l-l-,iIRd--12-of'fllHllgFaph-~f-sllia seetienn2~1--by providing the items required tIlefeift..-on a separate document(s). 5. If, at the time he ijt$ll~submits the preliminary plat for the fIrst phase of his ijf~t<levelopment, the developer requests that any existing special assessments which have been levied against the entire tract to be developed 12 - 41 City of Arden Hills Chapter 12 Subdivisions be divided and allocated to the respective lots in the proposed development, e the City Administrator shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Aijilli4f; 6epartmeflt-ef-preperty--tffif.atioo,and making such division and allocation, and upon approval by the Council of sU€h-~estimated CO$W the same-~~ shall be paid to the City treasurer in addition to the fees required ilefeffi-. abtwe-htijil~?sgij9jto cover the cost of preparing and filing suell-tmi revised assessment. 6. The zoning administrator shall refer two (2) copies of the preliminary plat for each phase of the residential planned unit development to the Planning Commission, one copy to the City engineer, and one copy to the e City attorney and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report shall be referred to the City attorney for his i@li~f'examination and report. 7. Within sixty (60) days the Planning Commission, City attorney, City engineer, and utility companies shall report to the Council concerning their respective interests in the preliminary piaL Included in the engineer's report shall be a cost estimate for the required improvements. 8. Within thirty (30) days of its receipt of the last of the reports required in the previous provision, the Council shall act upon the preliminary plat by . 12 - 42 e e e City of Arden Hills Chapter 12 Subdivisions either approving it, denying it in whole or in part, tabling it for a specified period of time, or referring it back to the Planning Commission for further consideration and report back to the Council within a specified period of time. If the preliminary plat is not approved by the Council, the factual bases and reasons for such action shall be set forth in a written document which shall be transmitted to the developer. If the preliminary plat is approved, such approval shall not constitute final acceptance of the proposed development. Furthermore, any approval of preliminary plat shall be subject to the receipt of security in the form and amount required by Skfjsection 2~1{}fa~~}-her-eeft~;m; 9. Upon certification by the zoning administrator that the required performance bond has been received and approved by the City attorney, building permits may be issued for the construction of the buildings, structures, and improvements in the particular phase of the development encompassed by the preliminary plat so approved. C. Final Plat. I. The developer shall file with the zoning administrator seven (7) copies of the final plat for each particular phase of his 9ii~tdevelopment not later than three (3) months after the date of the Council's approval of the preliminary plat therefor; otherwise, the preliminary plat shall be considered 12 - 43 City of Arden Hills Chapter 12 Subdivisions void unless an extension of time to file the final plat is requested in writing by the developer and for good cause granted by the Council. . 2. The zoning administrator shall refer two (2) copies of the final plat to the Planning Commission, one copy to the City engineer, and one copy to the City attorney, and a copy each to the telephone and power and other utility companies. Within fifteen (15) days of their receipt of the final plat, the Planning Commission, engineer, and attorney shall examine the same and report their recommendations in regard thereto to the Council. 3. The Council shall either approve or disapprove satd-tmifinal plat at its next regular meeting following receipt of the reports required by the previous provisions hereof. If it is approved by the Council, the developer shall record it with the county register of deeds or registrar of titles within sixty (60) days of suelt--$~approval; otherwise, the approval of the fmal plat shall be considered void. In the event that the plat is disapproved, the grounds for sueft-.tmi)iisapproval fBl.tst-~mm:be reported in the proceedings of the Council and duly transmitted in writing to the developer. . 4. The developer shall, immediately upon recording, furnish the zoning administrator with a tracing and three (3) prints of the final plat showing evidence of the recording thereof.Qf~mijt . 12 - 44 . . . City of Arden Hills Chapter 12 Subdivisions 1240.03 Applications. Application for any suelt-variance shall be in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the City Council, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the Council in the analysis of the proposed project. The plans for suelt-tImrlevelopment shall include suelt-~covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. 1240.04 Minor Subdivisions of Unplatted Property. Subd. 1 General. In the case of a proposed subdivision of an unplatted tract of land, which subdivision is small in size and of minor importance and which tract is located in an area where conditions are well-defmed, the City Council, upon review and after report of the Planning Commission, may exempt the subdivider from compliance with some of the provisions of this Chapter. The provisions from which suelt-UMsubdivision may be exempted shall be specified by the Planning Commission at its fIfst meeting at which the subdivider's application under this paragraph is presented. Subd. 2 Special. Such subdivision may even be exempted from the platting requirements of this Chapter and may be allowed to be accomplished by means of a surveyor registered land survey provided that the following requirements have been met: A. The resultant parcels abut on and have access to an existing public street, road, thoroughfare, or highway; 12 - 45 City of Arden Hills Chapter 12 Subdivisions B. The subdivision will not involve the opening, widening, or extension of any public or private street, road, thoroughfare, or highway and will not involve the dedication, reservation, or construction of any type of public utility; C. The subdivision will not obstruct future streets which have been planned by the City; D. The subdivision will not be detrimental to the public welfare Of injurious to adjacent tracts in the area in which the subdivision tract is located; E. The registered land survey confonns in all respects to the provisions of Section 508.47, Subdivision 4 of Minnesota Statutes, as amended, the terms of which are incorporated herein by reference, or the survey contains at least the following items: 1. Graphic scale; 2. North-Point; 3. Date of preparation; 4. Names and addresses of the owner, and registefed land surveyor who prepared the survey; 12 - 46 . . . . . . City of Arden Hills Chapter 12 Subdivisions 5. Legal descriptions of the tract as a whole and the resultant parcels; 6. Location, width, and names of all existing or previously platted streets, roads, thoroughfares, or highways adjacent to the subdivision tract; 7. Location of all monument, stakes, benchmarks, or triangulation stations in or adjacent to the subdivision tract; 8. Location and size of existing sewers, water mains, culverts or other underground facilities within the subdivision tract and to a distance of one hundred (100) feet beyond the outer lintits of said-~tract; 9. Boundary lines of adjoining unsubdivided or subdivided tracts within one hundred (100) feet of the subdivision tract, identifying the same by name and ownership; 10. Existing zoning classification of the district within which the subdivision tract is located; 11. Total approximate acreage of the subdivision tract and acreage or square footage of the resultant parcels; 12. Topographic data, including contours at vertical intervals in not more 12 - 47 City of Arden Hills Chapter 12 Subdivisions than two (2) feet and depiction of significant features on or within the subdivision tract such as watercourses, marshes, wooded areas, rock outcrops, and powers transmission poles and lines; . 13. Certification by the registered land surveyor who prepared the survey. F. Monuments or stakes shall be placed and installed at all corners and angle points of the resultant parcels; G. The resultant parcels will not have setbacks and dimensions less than those required in the zoning ordinance, as amended; and . H. The subdivider has complied with the requirements of this Chapter which the Planning Commission or City Council have made the subdivision by registered land surveyor survey specifically subject to. Such filing fee as has been established in a resolution adopted by the Council shall be paid @the roning administrator with every application for an exemption under this paragraph. 1240.05 Division or Consolidation of Platted Lots of Record. In the case of an application to divide one or more lots platted into lots and blocks and designated in a subdivision plat on file and of record in the office of the recorder or registrar of titles for the county, into one or more separately described parcels, or an application for the consolidation of two or more such platted . 12 - 48 City of Arden Hills Chapter 12 Subdivisions e lots or parts thereof into one or more tracts, the City Council, upon review and after report of the Planning Commission, may approve suc-h-tlii<livision or consolidation, upon compliance with the following conditions: Subd. 1 Survey. The oWller(s) of suc-h-~platted lot(s) to be so divided or consolidated shall file with the zoning administrator a surveyor registered land survey of the lot(s) to be divided or consolidated. If a survey is submitted, it shall comply with the requirements specified in IH:-$'!ifl.s~m)ijH~4P;Q4;$iip41.iZi$.T above; if a registered land survey is submitted, it shall conform to the requirements therefor specified in Section 508.47, Subdivision 4, of Minnesota-Statutes, as amended. e Subd. 2 Relation to Zoning Ordinance. The parcels or tracts resulting from suelt-@i division or consolidation, as depicted in said-tliisurvey or registered land survey, shall not have an area, dimensions, or setbacks which are less than the minimum requirements specified for the zoning district in which the parcels or tracts are located in the zoning ordinance. Subd. 3 Public Welfare. It is determined that the proposed division or consolidation will not be detrimental to the public welfare or injurious to adjacent tracts in the area in which the subdivision tract is located. e Subd. 4 Conformity. The proposed division or consolidation shall conform to such other requirements of this Chapter, ioc-lutlingnany--of--the--Fequiremeftts--m--pariigf~It--~ 12 - 49 . - City of Arden Hills Cbapter 12 Subdivisions ftefeinabev-e;-which the Planning Commission has specifically made such division or e consolidation subject to at its fIfst meeting at which the application for sueh-~division or consolidation is submitted. The City Council may add to or subtract from suelt-~ requirements specified by the Planning Commission additional requirements of this Chapter which it deems necessary for the protection of the health, safety, general welfare, and convenience of the City and to secure the objectives of this Chapter. Prior to the City Council's granting the owner( s) an exemption pursuant to this paragraph, the owner( s) shall comply with all the requirements of this Chapter which the Planning Commission or City Council have specifically made the division or consolidation subject. Such filing fee as has been established in a resolution adopted by the Council shall be paid the zoning administrator with every application for an exemption under this paragraph. e e 12 - 50 . . . . City of Arden Hills Chapter 16 Swimming Pools Chapter 16 Swimming Pools ~: This Chapter will be incorporated into Chapter 9 as requested after final changes have been approved to each current chapter so that Section numbers can be aligned. An unclear note about building permits was also included. What is City's intent? Section 1600 - General 1600.01 Definition. For the purposes of this Chapter a "swimming pool" shall be defrned as a pool with the capacity referred to in Subsection 1600.07 above or below ground, located on private property, and not located or proposed to be located within a building. This defmition shall exclude public swimming pools, defmed as pools designed and proposed for general nonresidential use, not limited to the family and guests of the residents of the property upon which the pool is located. 1600.02 Compliance. No new swimming pool or renovated existing pool shall be used until it complies with the provisions of this Chapter. 1600.03 Variances. The procedures and requirements for variances from the provisions of this Chapter are the same as those prescribed by the Zoning Ordinance, which is incorporated and made a part of this Chapter as if set out here in full. 1600.04 Permitted Accessory Structure. A swimming pool may be permitted within the City 16 - 1 e e . City of Arden Hills Chapter 16 Swimming Pools e only as an accessory structure to a principal building used for residential purposes. 1600.05 Use Restricted. A swimming pool shall be for the exclusive use of the occupants of the principal building and their guests. 1600.06 Building Code Applicable. A swimming pool shall be deemed to be a structure under the Zoning Ordinance of the City and all work shall be done in accordance with the City's building code. 1600.07 Building Permit Required. e Subd. 1 Capacity. A building permit shall be required for any swimming pool with a capacity of over one thousand (1,000) gallons or one and one-half feet of water depth. Subd. 2 Enlargement or Alteration. A building permit shall be required for any enlargement or other major alteration of a swimming pool coming within this Chapter or one that will come within this Chapter because of the enlargement or alteration. Subd. 3 Accessory Structures. A separate building permit unless included in the swimming pool permit, shall be required for any pump house, fIlter house, enclosure for the pool or any other structure erected in conjunction with a swimming pool. The structures shall conform to all provisions of the building code. e 16 - 2 . . - City of Arden Hills Chapter 16 Swimming Pools 1600.08 Special Use Permit. A special use permit pursuant to the Zoning Ordinance shall be required for the construction of any structure designed to cover a swimming pool or for the construction of any accessory structure such as a bathhouse, or other structure large enough to enclose persons and designed for the accommodation of persons. Other auxiliary structures, such as those defined in Subsection 1600.07, shall require only a building permit. 1600.09 Applications. The application for a building permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: A. The proposed location and size of the pool, the house and garage, fencing and other features existing on the lot, such as utility locations and trees. Included with this plan shall be the location of the above features on all adjacent lots. B. The location, size and a statement as to the types of equipment to be used in connection with the pool, including but not limited to, filter unit, pump, wiring, heating unit, backflush and drainage outlet, fencing and the pool itself. C. The finished elevations and fInal treatment around the pool. 1600.10 Fee. The normal building permit fee shall be charged for applications made pursuant to this Chapter. 16 - 3 e . . City of Arden Hills Chapter 16 Swimming Pools Section 1610 - Construction Standards . 1610.01 Location. Subd. 1 Utility Lines. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type, and shall be located in such manner that it complies with the provisions of the National Electrical Code, a copy of which is incorporated by reference and made a part of this Chapter as if set out here in full, and is on fIle in the office of the City Administrator. Subd. 2 Interference. Pools shall not be located within any private or public utility, walkway, drainage, or other easement. . 1610,02 Single-family Pools, Subd. 1 Definition. "Single-Family Pools" as used in this Chapter shall be defined to be swimming pools located on single-family residential property used for single-family residential purposes. Subd. 2 Location. The outside perimeter of all swimming pool structures, including all accessories, shall not be located within ten (10) feet of any side or rear lot line. The single- family pools shall not be located within any required front yard. . 16 - 4 . . . City of Arden Hills Chapter 16 Swimming Pools 1610.03 Multi-family Pools. Subd. 1 Definition. "Multi-family Pools" as used in this Section shall be defmed to be swimming pools constructed or proposed to be constructed on residential property used or proposed to be used for multi-family residential purposes, such as apartment houses and the like. Subd. 2 Location. The outside perimeter of all swimming pool structures, including all accessories, shall not be located within fifty (50) feet of any side or rear lot line. Subd. 3 Screening. Adequate screening including both fencing and landscape treattnent shall be placed between swimming pool structure and adjacent single-family lot lines, 1610.04 Construction and Equipment. Subd. 1 Design. The Swimming pool shall be designed and constructed in such a manner so as not to endanger the health and/or safety of its users and to not unduly interfere with the use and enjoyment of adjacent property. Subd. 2 Sanitation. The swimming pool shall have adequate provisions to properly recirculate, filter, algicide and germicide the water of the pool and instruction for maintenance of same. 16 - 5 e . . City of Arden Hills Chapter 16 Swimming Pools . 1610.05 Water Supply and Drainage. Subd. 1 Fire Hydrants. Filling of pools via fife hydrants shall require municipal approval. Subd. 2 Connections. There shall be no fixed or direct connection of any swimming pool to any potable water supply. Subd. 3 Drainage. ~: It was noted that A and B conflict with each other regarding use of drainage ways. What is city's desire? One way to leave things flexible would be to insert the phrase "except as provided in subpart B below" into A, but it would still not be clear which drainage ways are authorized for drainage of swimming pools. . A. Drainage of swimming pools onto public streets or into public drainage ways shall not be permitted without municipal approval. B. Pools shall be constructed and operated in such manner that backflush water or water from pool drainage shall pass into an approved public drainage way or shall remain on the property of the owner, and water shall not be permitted to drain from the pool, directly or indirectly onto property other than that of the owner. 1610.06 Electrical. All electrical work shall conform to the National Electrical Code. . 16 - 6 . . . City of Arden Hills Chapter 16 Swimming Pools 1610.07 Safety Fencing. Subd. 1 Restricted Access. All pools shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing or screening or a combination thereof of sufficient density as to be impenetrable, Subd. 2 Gates. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. Subd. 3 Latches. All gates shall be equipped with self-closing and self-latching devices placed on the top of the gate or otherwise inaccessible to small children. , 1610.08 Lighting. Lighting used in connection with swimming pools shall be adjusted in such manner as not to interfere with the reasonable use of adjacent property 1610.09 Noise. Unreasonably loud noise in connection with the operation of a swimming pool shall be prohibited. 16 -7 ., ,'. e LMC Lea9uIlof Minnesota Cities Cities promoting (l%C(!OtmctZ e Model Right-of-Way Ordinance . Cooperative effort between City Engineers Association of Minnesota and League of Minnesota Cities e e @1997 League of Minnesota Cities , All rights reserved Printed in the United States of America e LMC t.a,,- of Min""""" C;6... Om. ",.,.."m.g __!k.u.. League of Minnesota: Cities 145 University Avenue West St. Paul, MN 55103.:2044, (612) 281-1200 ' (800) 925m22 Fax (612) 281-1299 TDD (612) 281-1290 www.lmnc.org e e . . Model Right-or-Way Ordinance Executive Summary The following model Right-of-Way Ordinance is the result of a cooperative effort between the City Engineers Association of Minnesota and the League of Minnesota Cities. The purpose of the model is to give cities a uniform set ofregulations to help them govern the use oftheir rights-of-way. It is intended to provide a single set of regulations that cities can apply to all right-of-way users, including telecommunications companies. The ordinance conforms to the provisions of the new telecommunications right-of-way legislation adopted into law as Minn. Session Laws 1997, Chapter 123 (Chapter 123). In particular, the ordinance implements a city's authority to manage its right-of-ways and to recover its actual costs incurred in managing excavations and/or obstruction within the right of way. Each city must evaluate the importance of the various provisions of this model. One ordinance cannot anticipate the many variations of city-utility relationships. In recognition of this fact, some provisions are specifically identified as optional. Of particular significance, is the fact that the main text of the model does not seek reimbursement for the privilege of using the right-of-way. However, an optional provision for the imposition of "user fees" is provided in the event a city would like to impose user fees on non- telecommunication right-of-way users. (Chapter 123 prohibits imposition of users fees and/or franchise fees on telecommunication right of way users.) Ifa city is considering including the user fee option, please consult with your city attorney and call the League for further assistance on developing a formula for its implementation. Notes As many cities are aware, since the spring of 1996 the League of Minnesota Cities and the city of Redwood Falls have been involved in a dispute with U.S. West Communications and other telecommunications interests over the scope of municipal authority to manage and regulate telecommunication companies using city right of ways. With the adoption of Chapter 123, many of the questions concerning municipal authority have been answered. There remain several unresolved issues that will be addressed by a task force commissioned to make recommendations to the Minnesota Public Utilities Commission by November 1, 1997. The task force will consist of engineering and other experts representing, in equal proportions, local governments and utilities and other right-of-way users. Under the new law, the PUC has been given responsibility for adopting uniform statewide construction standards, where appropriate, for telecommunication companies placing facilities in the right-of-way. In addition, the task force has been asked to make recommendations to the PUC on calculation of degradation costs, the establishment of right-of-way mapping systems, the establishment of high-density corridors, and inderrmification and insurance requirements. The TABLE OF CONTENTS LMC/CEAM RIGHT-OF -WAY ORDINANCE SECTION PAGE Sec. 1.01. Findings and Purpose ............................................... 1 Sec. 1.02. Definitions ...........,.............,............................... 2 Sec. 1.03. Administration ..................................................... 5 Sec. 1.04. Utility Coordination Committee ..........,....................,....... 5 Sec. 1.05. Registration and Right-of-Way Occupancy .............................. 5 Sec. 1.06. Registration Information ............................................. 6 Sec. 1.07. Reporting Obligations ............................................... 7 Sec. 1.08. Permit Requirement .....................,........................... 8 Sec. 1.09. Permit Applications ......,.......................................... 8 Sec, 1.10. Issuance of Permit; Conditions ........................................ 9 Sec. 1.11. Permit Fees .............,.......................................... 9 Sec. 1.12. Right-of-Way Repair and Restoration .................................. 9 Sec. 1.13 Joint Applications .................................................. 11 Sec. 1.14. Supplementary Applications .................,.......,............... 11 Sec. 1.15. Other Obligations ..............,................................... 12 Sec. 1.16. Denial of Permit ................................................... 12 Sec. 1.17. Installation Requirements ........................................... 13 Sec. 1.18. Inspection ......................,................................. 14 Sec. 1.19. Work Done Without a Permit ........................................ 14 Scc.1.20. Supplementary Notification ......................................... 14 Sec. 1.21. Revocation of Permits .............................................. 15 Sec. 1.22. Mapping Data ..................................................... 16 Sec. 1.23. Location of Equipment ................,............................ 16 Sec. 1.24. Relocation of Equipment ............................................ 17 Sec. 1.25. Pre-Excavation Equipment Location .................................. 18 Sec. 1.26. Damage to Other Equipment ............,........................... 18 Sec. 1.27. Right-of-Way Vacation ............................................. 18 Sec. 1.28. Indemnification and Liability ........................................ 18 Sec. 1.29. Future Uses ....................................................... 19 Sec. 1.30. Abandoned and Unusable Equipment ................................. 19 Sec. 1.31. Reservation of Regulatory and Police Powers ........................... 20 Sec. 1.32. Severability ....................................................... 20 OPTIONAL PROVISIONS FOR IMPOSITION OF USER FEES .................. 21 Sample Registration Application ..,........................................... 24 Sample Application for Installation or Repair of a Utility ......................... 25 e e e . . . Model Ordinance LMC/CEAM Right-of-Way Ordinance City of County, Minnesota An ordinance to enact a new Chapter of the Code of Ordinances to administer and regulate the public right of way in the public interest, and to provide for the issuance and regulation of right-of-way permits THE COUNCIL OF ORDAINS'; Chapter _of Code of Ordinances (hereafter "this Code")' is hereby repealed in its entirety, and is replaced by the following new Chapter 1 (hereafter ''this Chapter), to read as follows: Chapter 1 Right-of-Way Management Sec. 1.01. Findings and Purpose. To provide for the health, safety and well-being of its citizens,and to ensure the structural integrity of its streets and the appropriate use of the rights-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-way is frequent excavation. 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 within the right-of-way are the primary cause of these frequent obstructions. The City 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 rights-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. 'Enacting clauses are different in various charters, The statutory city enacting clause is used here. 'In most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of inconsistency with the new regulations, One method is to repeal all those provisions and replace them with this ordinance, (h) "Director" means the Director of the Department of Public Works of the City, or her or his designee. (Note: Some cities may prefer to use the term "city" rather than delegating responsibilities to a specific position.) . (i) "Disruptive Fee" is the penalty imposed as a result of the adverse impact on City citizens and others who are required to alter travel routes and times resulting from right- of-way obstructions. G) "Downtown Business District" means that portion of the city lying within and bounded by the following streets: (insert your city definition here), (k) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. (I) "Equipment" means any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. (m) "Excavate" means 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. (n) "Excavation Permit" means 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 permit. . (0) "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 1.11. (p) "In," when used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way. (q) "Local Representative" means a local 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 of this Chapter. (r) "Obstruct" means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. (s) "Obstruction Permit" means 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 that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. . (t) "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 1.11. (u) "Permittee" means any person to whom a permit to excavate or obstruct a right-of- o . . . (gg) "Supplementary Application" means 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. (hh) "Telecommunication Rights-of-Way User" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users. (ii) "Unusable Equipment" means equipment in the right-of-way which has remained unused for one 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. Sec. 1.03. Administration. The Director' is the principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. Sec. 1.04. Utility Coordination Committee. The city may create a utility coordination committee. If created, this committee shall be voluntary and advisory to the Director. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding ways to take greater responsibility for the right-of-way, and to improve the process of performing construction work therein. The Director may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. (Note: This paragraph is included as an option for your city.) Sec. 1.05. Registration and Right-of-Way Occupancy. Subd. 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of- way or any equipment in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment in any right-of-way must register with the Director. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof in any right-of-way without first being registered with the Director. 4The city manager would usually make the appointment. A council resolution should be used in the typical weak mayor, non-manager city. The mayor of strong mayor cities would typically make this appointment. 5 amounts sufficient to protect the City and carry out the pwposes and policies of this Chapter. . (d) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. S 300.06 as recorded and certified to by the Secretary of State. (e) A copy of the person's certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (f) Such other information as the City may require. Subd.2. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Sec. 1.07. Reporting Obligations. Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: . (a) The 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 estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five- year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. By January I of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any Project in its list of Next-year Projects, and must notifY the Director 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 listed by the other registrant. Subd.2. Additional Next-year Projects. Notwithstanding the foregoing, the Director 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 Section 1.16 concerning the discretionary issuance of permits. 7 e e . (4) franchise fees, if applicable. (d) When an excavation permit is requested for pwposes of installing additional equipment, and the posting of a restoration bond for the additional equipment is insufficient, the posting of an additional or larger restoration bond for the additional equipment may be required. Sec. 1.10. Issuance of permit; conditions. Subd. 1. Permit Issuance. If the Director determines that the applicant has satisfied the requirements of this Chapter, the Director may issue a permit. Subd.2. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder 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, and to minimize the disruption and inconvenience to the traveling public. Sec. 1.11. Permit Fees. Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the following costs: (a) the City cost; (b) degradation cost, if applicable. Subd. 2. Obstructive Permit Fee. The Obstruction Permit Fee shall be established by the director and shall be in an amount sufficient to recover the City cost. Subd. 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit unless the applicant shall agree to pay such fees within thirty (30) days of billing therefor. All permit fees shall be doubled during a probationary period. (Note: Probation is an option for your city.) Subd. 4. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 1.21 are not refundable. Subd. 5. 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. Sec. 1.12. Right-of-Way Repair and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the repair and 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 extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 1.15. 9 36-month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 1.15. . Subd. 5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right- of-way. If permittee fails to pay as required, the city may exercise its rights under the restoration bond. Subd. 6. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a permittee shall pay to the city a degradation fee to cover city costs associated with a decrease in the useful life of a public right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve permittee of the obligation to make necessary right-of-way repairs. [Note: Unless voluntarily agreed to, degradation fees cannot be imposed upon telecommunication right-of-way users until the earlier of March 1, 1998 or adoption of PUC rules.) Sec. 1.13. Joint Applications. Subd. 1. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. e Subd. 2. With City Projects. Registrants who join in a scheduled obstruction or excavation performed by the Director, 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. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the Director does not perform, 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. Sec. 1.14. Supplementary Applications. Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of- way specified in the permit. No permittee may do 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 required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on dates. 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, it must apply for a new permit for the additional time it needs, and receive the new 11 . . . Subd. 2. Permissive Denial. The Director may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The Director, in her or his discretion, may consider one of 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 of the right-of-way; (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 Sec. 1.16 subd. I, (c) and (d), the Director may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; 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 Section 1.16 subd. 1 (c) above, the Director may issue a permit to a registrant who was allowed under Section 1.07 Subd. 2, to submit an additional Next-year Project, such permit to be subject to all other conditions and requirements oflaw, including such conditions as may be imposed under Section 1.1 O. Sec. 1.17. Installation Requirements. The excavation, backfilling, repair and restoration, and all other work performed in the right-of- way shall be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the Director and at a location as required by Section 1.23. 13 Sec. 1.21. Revocation of Permits. Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Chapter as a . privilege and not as a right. The City reserves its right, as provided herein, to revoke any right- of-way permit, without a fee refund, if there is 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 offact 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 Sec. 1.18. Subd.2. Written Notice of Breach. If the Director 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 Director 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 Director, at his or her discretion, to place additional or revised conditions on the permit. Subd.3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director, for its correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. (Note: Probation is an option for your city.) Subd.4. Cause for Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit. (Note: Probation is an option for your city.) Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. (Note: Probation is an option for your city.) . Subd. 6. Reimbursement of City Costs. 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 15 . . . done underground or contained within buildings or other structures in conformity with applicable codes. ' Subd. 2. Corridors. The Director may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Director expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Any registrant whose equipment is in the right-of-way in a position at variance with the corridors established by the Director 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 within the right-of-way, unless this requirement.is waived by the Director 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 Chapter, 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 or taking possession of the equipment and restoring the right-of-way to a useable condition. Subd. 4. Limitation of Space. To protect health and safety, the Director 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 Director 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 utility 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. Sec. 1.24. Relocation of Equipment. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right-of-way whenever the director 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 director may make such request to prevent interference by the Company's equipment or facilities with (i) a present or future City use of the right-of-way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. 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 to the person therefor. 'This subsection is optional and could be applied only within certain specified districts of the city, i.e., the business district, or may be omitted entirely ifUndergrounding is not a priority objective of the community. 17 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 ofthe 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 ofis authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnifY 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 section 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. Sec. 1.29. 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. . Sec. 1.30. Abandoned and Unusable Equipment. Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the registrant's obligations for its equipment in the right-of-way under this Chapter have been lawfully assumed by another registrant; or (b) Submit to the Director 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: (I) purchase the equipment; or (2) require the registrant, at its own expense, to remove it; or (3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment. . Subd. 2. Abandoned Equipment. Equipment of a registrant who fails to comply with Section 1.30 subd. I, 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 19 e . . OPTIONAL PROVISIONS FOR IMPOSITION OF USER FEES Historically, cities have varied widely in their approaches to charging utilities and others for the privilege of placing equipment and facilities in public rights-of-ways. The approaches used have gone from the requirement of a minimal fee to cover the cost of permit issuance to the more significant practice of granting a franchise and imposing a franchise fee. The model ordinance imposes fees that reflect a fair approximation of the city's cost in managing its public rights-of-way. However, the charges are not intended to compensate the city for the value of the privilege of being able to use the public rights-of-way. Cities have approached this issue in a variety of ways. One method has been to grant franchises and collect franchise fees. This remains a viable alternative for all utilities except telecommunications companies. (Recent law changes prohibit franchising fees on telecommunications companies.) As an alternative to franchise fees, other cities have considered imposition of "user fees." The user fee concept rests on the premise that the right-of-way has a value associated with it and that it is appropriate to require payments as reimbursement or return to the public for that use value - particularly from those who obtain revenue or profit from such use. Again, under current law, user fees are permissible except as against telecommunication rights-of-way users. Because the practice of charging for the use of the public rights-of-way varies significantly from community to community, the user fee concept is not included in the main body of the model ordinance. However, for those cities that would like to impose user fees on non- telecommunication companies, several suggested additions to the model ordinance have been provided. The principal modifications to the model ordinance consist of the following: 1) An addition to paragraph (b) in the "Findings and Pwpose" section (Section 1.01); 2) A definition of "user fee" in Section 1.02, 3) A new section 1.06 in the "Grant of Right; Payment of user fee," and 4) Inclusion of user fees in Sectiolll.09, "Permit Applications." The text that follows is written so that the user fee concept can be incorporated into the model ordinance with only minor modifications. If the text is included, sections of the model ordinance will need to be renumbered accordingly. Text of additions to model ordinance. I. Section 1.01 of the model ordinance should include a subparagraph (b) as follows: (b) Use Fee. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing and legitimate state and local public policy, which authorizes the City to require payments as reimbursement or return to the public for the use value 21 all other requirements oflaw. This legal entitlement shall not include use of the right-of-way for . pwposes not in furtherance of furnishing utility services for which additional authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual) installments, subject to adjustment and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person (a) uses or occupies the right-of-way to furnish utility service, or (b) places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This section does not apply to a person which uses and occupies the right-of-way for operating its business when there is a preexisting franchise agreement between that person and the city which provides for the payment of franchise fees. The grant of such right is expressly conditioned on, and is subject to, continuing compliance witb all provisions oflaw, including this Chapter. IV. Section 1.09 of the model ordinance should include a subparagraph (c)(5) as follows: (5) user fees. . . 23 City Public Works Department Utility Connections and Inspections Office Address Telephone A Iication for Installation or Re air of a Utili o Excavation Permit Obstruction Permit Attacbed Plan submitted by (Utility Owner): D Joint Application Re . tration No. Location: From and To: Addres5 Intersection Plan No. Pro'ectNo. A licant Address: Ci: Contact Person: Si ature: Contractor: Address: City: Contact Person: 4 Hotu' Contact: State: Tele hone: ZIP: Pa er Dated: Re "stration No. Tele hone State: Tele hone: Tele hone: Construction Information << 'ttNfJ&mWfJj'tMMtm!1ij~1g!~ . ."<Mmam@~@l@M@tM~n~mmIDml@ De tho Sdwk Blvd Construction Dates: Comments: Date Received: Review Committee Yes I I No I Committee Date Permit Number . 25 Public Right of Way Cost Recovery Plan League of Minnesota Cities June 1997 e e NOTE: If there are questions regarding the Executive Summary or theAnalysis and Formula for Selected Cost Recovery Fees, contact Bob Thistle at (612) 223- 3047 or your Springsted representative.. Minneapolis Office: 120 South Sixth Street Minneapolis, MN 55402-1800 . (612) 333.9177 e Wisconsin. Office: 16655 West Bluer1\ound Road Suite 290 Brookfield. WI 53005-5935 (414) 78H222 Washington OffICe: 1850 K Street ~ Suite 215 Washington, D.C. 20006-2200 (202) 466-3344 Home OffiCfj: 85 East Seventh PlaC!! Suite 100 St. Paul, MN56101-2143 (612) 223'3000 Iowa Office: 30 Ounuggen Court Iowa City. IA 52240-2831 (319) 351-4614 Kansas Office;. .4500 College Boulevard Suite 110 Overland Park, KS 66211-1799 (91 3) 345-806~ - Table of Contents . Pa<;lels) I. EXECUTIVE SUMMARy................................................................... 1-5 Background .... ...... ...... ..... ..... .... ..... .... ..... ....... .... .... ......... ........ ..... 1 Study Purpose.... ..... ...... ..... .... ..... .... ..... ........... .............. .............. 1 Determining Values..................................................................... 2 Determining Costs..... ..... ......... ......... ..... ....... ....... ...... ........ .......... 2-3 Formulas ..... ..... ...... ...... ......... ..... ......... ............... ..... .... .... ....... ..... 3-5 Conclusion ..... ..... ....... ......... ......... .... ..... ....... ........ ......... ........ ...... 5 VII. ANALYSIS AND FORMULA FOR SELECTED e COST RECOVERY FEES .............................................................. 1-12 Degradation Fee Formula and Examples .................................... 2-5 User Fee Formula and Examples................................................ 6-8 Disruption Fee Formula and Example ......................................... 9-12 e 970624 ~ SPRINGSTED Executive Summary Section I . Background In April 1996, President Clinton signed the Telecommunications Deregulation Act of 1996 which significantly increased the interest in use of the public right of way. The Act effectively eliminated monopolistic protections previously afforded to telecommunications providers and has now created unprecedented competition to provide quickly-changing telecommunications services. In Minnesota, as a result of the Act, cities have seen rapidly-increasing demand for space within the right of way, which has resulted in considerably greater and more frequent construction and disruption of the right of way and, in some cases, strained the physical capacity of the right of way to meet the needs of all potential users. As a result, local governments, in order to fulfill their fiduciary and stewardship responsibilities to the public, must now find ways to even more efficientiy and effectively manage this crucial public asset. Local governments must develop plans for the orderly use of the right of way and methods of identifying and recovering the actual costs that deregulation is not bringing to the use of the right of way. . Study Purpose The purpose of this study was to develop a cost recovery plan that cities will find valuable as a tool in deciding how to value the public right of way they control and manage. The public right of way, for purposes of this study, includes the area used for pedestrian and motor traffic. It does not include overhead right of way or special easements unless the easement is surfaced and is used as a roadway path or walkway or trail. The plan provides cities with reasonable and workable models that can be applied to service providers who currently use the public right of way, or who in the future might seek to use the public right of way. The plan includes three major components whIch reflect the essential costs incurred as a result of right of way use, including: . a "degradation fee" which recovers costs associated with the intrusion into the right of way and the incremental ccsts connected with the depreciation caused by intrusions into the right of way. . a "user fee" which is based on the value of the land in the right of way and the amount of space or control service providers utilize in that right of way. . a "disruption fee" which reflects the inconvenience to the public caused by the interruption to the normal use of the right of way. . ~ SPRINGSTED Page 1-1 League of Minnesota Cities At the present time, administrative or overhead costs are not reimbursed but are nevertheless an important part of managing and controlling the public right of way. Each city will have different administrative/overhead costs depending upon local conditions, local wages and depending upon staff expertise and size. All administrative/overhead costs should, however. be allocated to right of way projects. Some cities have developed methods to account for administrative/overhead fees as they relate to specific projects or as they relate to general city management. If cities have this information, it can be applied to right of way projects. If this information is not available, some general percentage or average cost may need to be applied to the right of way project. . For the purpose of this study, the cost recovery plan includes a degradation fee, a user fee and a disruption fee. In addition, if an administrative/overhead fee is to be included in the plan, each city should develop its own costs which reflect their particular circumstances. If a city requires replacement of certain right of way surfaces, then it would replace the degradation fee since the requirement of constructing a new surface reduces the need for a right of way depreciation schedule. The cost recovery plan is a tool which can be used by city officials to measure right of way costs. In addition. the cost recovery plan encourages those doing repairs or installations in the right of way to complete their work in as timely a manner as possible. The plan works as a financing incentive to restore normal use of the right of way and to limit prolonged or unnecessary interference. Formulas . DEGRADATION FEE Cost per Square Yard for Street, Overlay and Sea1coat X Depreciation Schedule Rates X Area of Street Patch The "degradation fee" (see Section VII, page 2) assumes a normal street life of 25 years with appropriate life cycles for street overlays and sealcoats. It also establishes a repair cost per square yard. Using these assumptions, the depreciated value of the street can be determined once the cut or intrusion is determined. Discussion Several studies have demonstrated that when public right of way projects include intrusion into the surface of the right of way, there is a not-so-hidden cost which- depending upon the number of cuts into the surface, or the size of the hole or trench-create a definable reduction of the actual remaining life of the street due to the intrusion. These studies conclude that street life reduction is greater in the early years of a constructed or reconstructed street. In fact, as few as three cuts, or intrusions affecting only 10% of street surface, will cause the normal life expectancy of the public right of way surface to be significantly reduced. These . ~ SPRINGSTED Page 1-3 . . . League of Minnesota Cities Discussion Public access by pedestrians and motorists is often directly obstructed when there are intrusions into the right of way. These disruptions cause delay and inconvenience to the workings of the city, local businesses and citizens. There may also be a loss of time and/or money. In addition, these disruptions require greater oversight and management by local officials, frequently necessitating more traffic control and planning to avoid potential problems. Disruptions cause an increase in the level of noise, air and visual pollution. Some intrusions also may cause damage to other utilities within the public right of way. In addition. as the right of way becomes more crowded, the time needed to make repairs and the costs related to repair and maintenance of utilities within the right of way increase. Some effects of disruption are difficult to measure, but when costs can be determined, they should be allocated to those who directly benefit from the service provided. If costs are not clearly identified, then some reasonable estimate might be made to reflect the societal cost of such disruptions. If these formulas are followed, or used as a foundation for a cost recovery plan, cities will be able to be more accountable to the public. Cities will demonstrate better management of their resources and city officials will be more efficient with the use and allocation of this limited resource. The plan would also allow cities to continue to provide safe and efficient use of the right of way and to minimize the negative impact of right of way disruptions. Conclusion This study provides a cost recovery plan that cities can implement to better manage and control their public rights of way. This study recommends the adoption of a cost recovery plan that includes a degradation fee, a user fee and a disruption fee. In addition, this study recommends that cities identify appropriate administrative/overhead costs; and if they are not part of the three recommended fees, those costs should be another part of the plan. When the formulas are taken together, they accurately reflect the real costs allocable to users within the right of way, and they provide cities with a measurable standard on which cities can base their cost recovery plan. This study's conclusion is that the recommended cost recovery plan is an appropriate approach for cities to use to recover right of way costs. The plan allocates right of way costs to the providers and consumers of services using the right of way and does not impose right of way costs on the general public. The plan can be used with the proposed right of way ordinance drafted by the League of Minnesota Cities to identify appropriate costs and then to implement the proposed plan regarding the cost recovery, protection and maintenance of the public right of way. ~ SPRINGSTED Page 1-5 .. ft AnalYSIS and. Formula tor ~etected Cost Recovery Fees Section VII From the preceding discussion, formulas were then developed to assist cities in determining the true costs of right of way use and management. These formulas were created after extensive review of the literature cited earlier (Exhibit III) and discussions with civil engineers with working knowledge of right of way issues and costs. The following formulas. if used together. will recognize and recover most. if not all. of the direct and indirect costs associated with right of way construction projects., ,Exhibits I and II, respectively, present and discuss an alternative degradation fee forr:nu1a and an alternative user fee formula. ~ SPRINGSTED Page VII-1 . . . e e . League of Minnesota Cities Degradation Fee The Degradation Fee is calculated as follows: Street cost per square yard (based on average daily traffic) x Depreciation of Street x Area of street patch plus Overlay cost per square yard x depreciation of overlay x Area of slreel palch plus Sealcoal cosl per square foot x depreciation of sealcoal x Area of street patch Depreciation Schedules (1) 1997 Cost A (2) ~ Age Streets/Alleys 1 100% , 2 96% 3 92% 4 88% 5 84% 6 80% 7 76% 8 72% 9 68% 10 64% 11 60% 12 56% 13 52% 14 45% 15 44% 16 40% 17 36% lB 32%, 19 28% 20 24% 21 21)% 22 i6% 23 12%. 24 B% 25 4% Age Overlays 1 100% 2 90% 3 80% 4 70% 5 60% 6 50% 7 40% B 30% 9 20% 10 10% Cost I Square Yd (3) Traffic Count Cost 10,000 and over $100.00 1,0001010.0DD $71.00 under 1,000 $42.00 Overlays Sealcoats $15.00 $5.00 Age Sealcoats 1 100% 2 80% 3 60% 4 40% 5 20% Notes: (1) The depreciation schedules are recommended by the Utility Coordinating Subcommittee of the City Engineers Association of Minnesota. The Department of Transportation's Municipal State Aid Needs Unit uses a 20-year average life depreciation schedL:lle and Minnesota counties use a 25-year life depreciation schedule for county roads. other street life studies use 15 years, 20 years, 25 years, or 30 years as average life depreciation schedules, depending upon soil condition, usage and climate. Depreciation schedules for overlays and sealcoat will vary depending upon city policy. (2) Cost estimates provided by the Utility Coordinating Subcommittee of the City Engineers Association of Minnesota. Actual costs will vary depending upon community, but estimates are typical costs based on the experience of Minnesota city engineers. (3) Area of the patch is calculated as the area of the cut plus two feet on each side, converted to square yards. 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'0 " ~ E f;;mg (5 '" o u- ti' (j) ~ " Q. iii ~.~ i " 0 ~Ec .ij; E ;: " 0 0 a:UCl Page VII-7 ..,j League of Minnesota Cities . Disruption Fee Formula The focus of the third formula is on the disruption and inconvenience caused the public by the intrusion into the right of way. It also includes the time the intrusion disrupts the normal use of the right of way. This formula is the basis for a disruption fee which calculates the amount of traffic the number of days of the disruption and the length of the detour caused by the intrusion to arrive at an initial cost that can be measured and recovered by the city for the disruption caused by work done by service providers. The disruption fee is not speculative. It is. however, a recognition of minimal actual costs associated with projects that interfere with the public right of way. It also recognizes the increased costs, related to managing and controlling the right of way, which cities incur because of the disruption. The fee does not include individualized costs for specific right of way users. Each city will have unique circumstances surrounding their right of way and this formula allows for special considerations regarding alleys, turn lanes, bus stops, parking meters and sidewalks or boulevards. In addition. it includes a grace period which cities can apply so service providers will only be charged the fee for the length of time that exceeds a reasonable period of time needed for the repair or construction project. The disruption fee is calculated as follows: the average daily traffic times the number of days times the detour distance in miles times $.0315 . per mile. Disruption Fee: (basic formula) Average Daily Traffic X Number of Days X Detour Distance (Miles) X $0.315 per Mile e Fj SPRINGSTED Page VII-9 ~ e e e League of Minnesota Cities Q) Q) LL l:~ OQ. .- E Q.~ 2~ II) .- o . . ~ o ::::: .2 (I) >< ~~ ~ctl~ ctl Q'i:= - ..... ~ ~~~ ctl t:: Q.. 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