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HomeMy WebLinkAboutCity_Council_Workshop Agenda Packet_11-04-2020CITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA November 4, 2020 6:30 P.M. NOTE: THIS MEETING WILL BE HELD BY WEB CONFERENCE A.CALL TO ORDER: B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___ MIAZGA ___ WEHYEE___ STAFF PRESENT: THONGVANH____ C.PRESENTATIONS: D. POLICY ITEMS: 1.Police Services 2. Fire Service Request of Interest (RFI) Updates 3. Amendment to Chapter 54 & 113 Regards to Residential Edible Landscaping 4.Community Park Building E.INFORMATION/ANNOUNCEMENTS: F.ADJOURNMENT: *You can view the meeting by clicking the following Zoom link: https://us02web.zoom.us/j/86258938311. BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Police Services Description The City received a formal request from Council Member Wehyee with the support of Council Member Miazga to explore having our own police department. Sheriff Bob Fletcher’s Annual Report To see Sheriff Fletcher’s presentation click here: https://webstreaming.ctv15.org/viewer.php?streamid=4394 During the annual report from Sheriff Fletcher, he stated that after the end of the contract in 2021, it might make the most sense for the City of Falcon Heights to explore other options such as the City of Roseville because of proximity to Falcon Heights. You can listen to Sheriff Fletcher’s comments starting at minute (41:15). During his comments, Sheriff Fletcher commented on the need for additional Deputies for backup that could cost the City an additional $350,000 to the police budget. Budget Impact This will depend on the outcome of the decision made by the City Council. Attachment(s) N/A Action(s) Requested Staff is looking for direction on how to proceed with this request. Meeting Date November 4, 2020 Agenda Item Policy D1 Attachment N/A Submitted By Sack Thongvanh, City Administrator 1 of 34 BLANK PAGE  2 of 34 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Fire Services –Request for Interest (RFI) Description During the September 23 City Council, the Council directed the City Administrator to send out a Request for Interest Letter to the surrounding fire departments. The preliminary proposal for next steps is to invite each Department/Agency to make a presentation to the City Council at their regular meeting in November. The presentation will include a background of their department, scope of services and potentially a cost estimate to provide those services. The City of Roseville is currently providing professional services for administrative direction and command services. The agreement will expire December 10, 2020. Budget Impact TBD Attachment(s) • Letter of Interest Action(s) Requested Staff is looking for direction on how to proceed. Meeting Date November 4, 2020 Agenda Item Policy D2 Attachment N/A Submitted By Sack Thongvanh, City Administrator 3 of 34 BLANK PAGE  4 of 34 5 of 34 6 of 34 7 of 34 8 of 34 9 of 34 10 of 34 11 of 34 12 of 34 13 of 34 14 of 34 1 Sack Thongvanh From:Pat Trudgeon Sent:Tuesday, October 20, 2020 7:32 AM To:Sack Thongvanh Cc:Tim O'Neill; David Brosnahan Subject:Falcon Height Fire Sack, last night the Roseville City Council authorized me to let you know that Roseville is interested in providing fire  protection and rescue response services for Falcon Heights under the terms described in your letter dated October 9 to  surrounding municipalities. Please take this email as Roseville’s “Letter of Interest” in response to your request. Please  let me know what the next steps are once a decision is made regarding the future of fire protection and rescue response  services in Falcon Heights. Thank you.    Pat  ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐  Patrick Trudgeon | City Manager   O: 651.792‐7021 | | F: 651.792.7020  pat.trudgeon@cityofroseville.com      2660 Civic Center Drive | Roseville, MN 55113  Facebook | Twitter | YouTube  ----------------------------------------------------    15 of 34 BLANK PAGE  16 of 34 October 19, 2020 To Whom It May Concern, The Falcon Heights Fire Department is interested in continuing to provide fire/rescue services as a community-based fire department to the City of Falcon Heights. Respectfully submitted on behalf of members of the Falcon Heights Fire Department, Patrick Gaffney Captain Falcon Heights Fire Department 17 of 34 BLANK PAGE  18 of 34 19 of 34 BLANK PAGE  20 of 34 REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Amendment to Chapters 54 & 113 Regards to Residential Edible Landscaping Description The City Council approved Interim Ordinance 20-04 in May 2020 to allow the City to study gardening in Falcon Heights. Shortly after the adoption of the Interim Ordinance, the City Council directed City Staff to convene a subcommittee of City Commission members to lead the effort in drafting a new Ordinance. The Garden Subcommittee consisted of members from the Environment and Planning Commissions. The subcommittee met five times between July and September to discuss the Ordinance. In late July, staff developed a web survey to gather feedback from community members about their thoughts on gardening in the city. Over the two and a half weeks that the survey was available, 322 people completed the survey. The subcommittee centered discussion around two concepts; residential gardens (gardening by owners or renters within their property), and community gardens (gardening by multiple individuals not residing on the property). The Ordinance drafted by the subcommittee allows residential gardening of edible landscaping as an accessory use in residential and business districts. In general, the parameters for residential gardening of edible landscaping follow those that were established for native landscaping. As such, edible gardens would not be limited in overall area, but would have to follow setback requirements. The Ordinance also states that retail sales of produce from residential gardening of edible landscaping activities would not be allowed. The Subcommittee originally contemplated an allowance for community gardening of edible landscaping which would have been required to follow a number of procedures and requirements. The subcommittee initially considered a neighborhood consent provision, but after consultation from the City Attorney’s office, removed that provision on due process grounds. The Subcommittee was also presented an option to allow community gardens as a conditional use. However, the consensus of the subcommittee was that they feel they could not formulate conditions that would universally address all circumstances. Ultimately, the subcommittee decided to remove community gardens altogether from the ordinance, thereby prohibiting the use. It should be noted that existing community gardens would be allow to continue as they do currently with legal nonconforming status. Meeting Date November 4, 2020 Agenda Item Policy D3 Submitted By Ryan Krzos, Interim Community Development Coordinator 21 of 34 The Environment Commission discussed the draft Ordinance at their October 12th meeting, and passed a motion to recommend the City Council approve the amendment. The Planning Commission held a Public Hearing on October 27th. Action(s) Requested Staff and the Planning Commission would recommend approval during the next Regular City Council meeting. 22 of 34 ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 54 AND 113 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 Chapter 54 – Vegetation is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Section 54-38 – Regulations for private property (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Edible landscaping means the intentional planting, caring for, or otherwise cultivating plants that could produce food that is consumed by people. These plants include fruit and nut trees, berry bushes, vegetables, herbs, or edible flowers. Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), rushes, forbs (flowering broadleaf plants), vines, trees and shrubs that are plant species native to the state of Minnesota prior to European settlement. Noxious weeds are annual, biennial, or perennial plants that the Commissioner of Agriculture designated to be injurious to public health, the environment, public roads, crops, livestock, or other property (Minnesota Noxious Weed Law, Minn. Stat. Sec. 18.75-18.91). Ornamental plants means grasses, flowering annual, biennial, and perennial plants, shrubs, trees, and vines that may not be native to Minnesota, but are adapted. Ornamental grasses do not include turfgrasses. Turf grass means commercially available cultured turf grass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. Planned landscape area means an area where ornamental plants, or native plants are planted pursuant to a plan. Rain garden means a shallow excavated depression (typically no more than 18 inches deep) with loosened sub-soils in which ornamental or native plants that are adapted to moist conditions and have deep roots are planted for the purpose of infiltrating and filtering rain water and reducing storm water runoff. Temporary ponding of water in rain 23 of 34 gardens typically occurs for no more than 48 hours after rainfall assuming no subsequent rainfall. Residential garden means an area of edible landscaping on a lot that is conducted by the property owners or residents of that lot. Restoration area means an area where native plants are being, or have been, intentionally re-established Weeds are (i) prohibited noxious weeds or (ii) any volunteer plant, except trees and other woody vegetation, which is not customarily or intentionally planted. For the purposes of this definition, weeds do not include dandelions or clover. (c) Location of restoration areas, and planned landscape areas, and edible landscaping areas. (1) Setback. A restoration area, or a planned landscape area, or residential garden must provide the following minimum setbacks: a. Front lot line, corner side lot line, or rear lot line abutting a street or alley: two feet, and two feet from publicly maintained pavement or sidewalk b. Interior side lot line or rear lot line not abutting a street or alley: two feet; provided, however, for the exception in the required side yard or rear yard setback, as described in section 54-38(c)(2). (2) Mitigations for reductions in side or rear yard setback. A required interior side yard or rear yard (not abutting a street or alley) setback may be reduced to zero feet for a restoration area, planned landscape area, or residential garden if: a. A fence at least three feet in height is installed on the lot line adjoining the restoration area, or planned landscape area, or residential garden; or b. The restoration area, or planned landscape area, or residential garden abuts: 1. A restoration area, planned landscape area, or residential garden on any adjoining lot; 2. A public park or open space; 3. A wetland, pond, lake or stream; 4. Natural area; or c. The restoration area or planned landscape area is located on slopes equal to, or greater than, three feet horizontal to one foot vertical (3:1). (d) Maintenance Standards. Every owner of property shall maintain the vegetation growing thereon according to the minimum standards set forth in this subsection: 24 of 34 (1) The setback area required by section 54-38(c) shall be composed of a soil retention cover such as mulch, regularly mowed turf grasses or groundcovers maintained at six inches or less, native or ornamental plants maintained at ten inches or less, trees or shrubs, or as may be required by the city administrator to protect the soil and aesthetic values on the lot and adjacent property. (2) Non-woody vegetation in a planned landscape area shall be cut at least once annually between April 15 and July 15 to a height no greater than 10 inches. (3) It is unlawful to plant any tree or shrub within five feet of a property lot line abutting a right-of-way of a public street or alley. (4) Property owners shall prune trees and shrubs located on private property so they will not obstruct pedestrian sidewalk traffic, nor obstruct the view of any traffic sign, street, alley, or intersection. Overhanging portions of trees and shrubs must be pruned to maintain a minimum clearance of eight feet over all sidewalks, and 16 feet over all streets. (5) Properties shall be free of blight and blighting factors, as described in section 22-19. (6) Properties shall be free of public nuisances, as described in section 22-47. (7) The city may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement to remove the native plants or other vegetation from the drainage and utility easement at no expense to the city if the city determines the native plants or vegetation interferes with the utility easement. The city will not be responsible for damage to turfgrass and/or any landscaped areas resulting from public works improvements or snow removal activities within drainage and utility easements. (8) Retail sales of produce from edible landscaping activities shall not occur on the property. SECTION 2 Subsection 113-174(d) is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Section 113-174 – One-family R-1 residential district (d) Permitted accessory uses. No accessory structures or use of land shall be permitted except for one or more of the following uses: (1) Home occupations meeting the definitions and requirements of section 113-391. (2) Private tennis courts, provided no portion of the paved or fenced area is within a required front yard or less than ten feet from a property line. (3) One private garage or carport and parking space as regulated in section 113-240. (4) Private automobile repair or reconditioning as regulated in section 113-250. 25 of 34 (5) Gardening and other horticultural uses where no retail sale of products is conducted on the premises. Planned landscape areas and edible landscape areas, including residential gardens, as defined and regulated in section 54-38. (6) Keeping of domestic pets as required in the Code. (7) Signs as provided in subsection (g) of this section. (8) Decorative landscape features and fences as regulated herein. (9) Accessory buildings other than detached private garages as regulated herein. The design and placement of the accessory buildings must be approved by the planner as being in harmony with the surrounding residential neighborhood. (10) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed the time necessary for such construction (approved by zoning administrator). (11) One composting area, or one compost structure as defined in section 113-240(l), of plant material including leaves, grass clippings, plant trimmings, fruits, vegetables and peels, but excluding animal derived materials such as bones, meat scraps and dairy products, not to cover more than 25 square feet in area and five feet in height in the rear yard. A larger composting area requires a permitted accessory use permit. A compost area must be set back at least five feet from any property line. The compost shall be maintained according to accepted composting practices for the residential yard. (12) Garage and residential boutique sales limited to four sales each calendar year per residential unit, not to exceed ten consecutive days or two consecutive weekends each. (13) Keeping of chickens as regulated by the Code. SECTION 3 Subsection 113-177(e) is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Section 113-177 – B-1 neighborhood convenience district (e) Permitted accessory uses. The following uses shall be permitted accessory uses: (1) Off-street parking and loading, signs, fences, and decorative landscape features as regulated herein. (2) Temporary construction buildings (approved by zoning administrator). (3) Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. (4) Essential service structures, provided no building shall be located within 30 feet of an abutting lot in an R district. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. 26 of 34 (5) Public telephone booths or drive-up service. The placement of the telephone booth or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission (6) Planned landscape areas and edible landscape areas, including residential gardens, as defined and regulated in section 54-38. (67) Other as deemed to be normal, customary, and incidental by the zoning administrator. SECTION 4 Ordinance 20-04 is repealed in its entirety. SECTION 5 This ordinance shall be effective upon its passage and a summary published in the official newspaper. ADOPTED this X day of XX, 2020, by the City Council of the City of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE ANDREWS 27 of 34 BLANK PAGE  28 of 34 REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Community Park Building Description Unfortunately the City of Falcon Heights was not included in the final State Bonding Bill was approved this past week. The funds would have been used to construct a new Community Park Building. The building is in desperate need of improvements. The building has been closed prior to COVID to assess the building. It will be used this year only for tree sales for the Lions. Budget Impact TBD Attachment(s) • Pictures from the 2019 Council Retreat Action(s) Requested Staff is looking for direction on how to proceed. Meeting Date November 4, 2020 Agenda Item Policy D4 Attachment N/A Submitted By Sack Thongvanh, City Administrator 29 of 34 BLANK PAGE  30 of 34 31 of 34 32 of 34 33 of 34 34 of 34