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ADDENDA TO THE AGENDA OF OCTOBER 24, 1990
Consent Agenda:
E-9: Election Judges
E-10: Planning Commission Minutes of October 22, 1990
ACTION:
Policy Agenda:
F-11: Funding of 1991 Recycling Program
ACTION:
F-12: Administrator's Compensation
ACTION:
CarcaxaL x
Policy CITY 0: ?ALCO:~ E;IGHT~
QUEST YOR COUNCIL CONSID~TIDN
aada ILt~: E-9
2Szatiag Date: 10/24/
90
IT~'i DESCRIPTI03i:
DESIGNATION OF ADDITIONAL ELECTION JUDGES
SUSHZTTFa Bq• Shirley Chenoweth, City Clerk
REVZES,'~7 BY:
L'Y°LANATION/SU27.ARY (attach additioaal sheets as necessary):
Due to the unexpected complexity of the upcoming election, we feelitwouldbeprudenttohaveextraelectionjudgesonhand. The
plan is to have 2 additional judges come in at-noon and-work untilthecountingiscompleted. Also, two staff members, Pat PhillipsandSusanHoytandseniorvolunteer, Bernice Lindeman, are eligibletoserveasjudgesandhavevolunteeredtobeoncallafterworkinghoursintheeventofanemergency. Dee Swenson has offered tohelpwithphones, etc. In addition to these three people, we also
request that you designate Kathleen Staffa and Janet Wallin asjudgesinPrecinct1andHelenBrownandDorothyGrittnerasjudgesinPrecinct2.
Attached is an update on items complicating the election processwhichresultedintheneedforadditionaljudges.
ACiIOr REQBESTED: Approval
1. Sticker Campaign
The Optech III vote tabulators are not designed to processstickersandthesecoulddamagethemachine. BRC, the firmwhichsellsandservicesthemachines, have run tests andfoundthatthestickerscanandwillcomeoffastheballotisbeingread. The sticky material can gum up the interiorbycoveringthe "read heads" , wrapping around rollers, ormeltingwithinthemachine. Any of these will make the
machine inoperable. These problems will not be covered bythemaintenanceagreement.
After several meetings with Ramsey County election personnelandrepresentativesfromneighboringcommunities, we havedecidedtoadheretothefollowingguidelines:
Voters will place their ballots in a ballot box andtheseballotswillbesortedbytwojudges (one from
each party). Ballots without stickers affixed will be
put through the machines by the judges. Those withstickerswillbeduplicatedbythejudgesandthe
duplicate processed through the machine. This
arrangement has been endorsed by the Ramsey CountyElectionDivisionandisthemethodbeingusedby a
majority of the cities in Ramsey County.
2. An anticipated increase in the absentee ballots
This is due to the absentee ballot request form in theVictory90" brochure and the availability of ballot requestformswhereverhuntinglicensesaresold. Ramsey County isexperiencingproblemswithduplicateballotrequests, as
some persons assume they must complete the forms in order tobeeligibletovote. Our judges will be required to
carefully screen for any duplicates missed by the County.
3. Withdrawal of a Candidate
Should a candidate withdraw (this could happen as late asFriday, November 1), paper emergency ballots will be printedforthatparticularofficeandthesewillrequirecountingbyhand.
4. Anticipation of a Heavy Write-in Vote
The scanners will count all votes on a write-in ballot
except the write in. The machines will then automaticallyplacetheballotsinaseparatecompartment. It will be
necessary for the judges to remove the ballots, list allwrite-in names and hand count the write-in votes.
ConatnL
Yclic9 CITY 0: ?ALCO': EIGHTS
REQUEST ~'OR COUNCIL CO275ID~TION
tnda ILe~: E-10
2Saatiag Da~tx:10/24/90
ITi'! DESCRIPTION:
PLANNING COMMISSION MINUTES OF OCTOBER 22,1990
SUBHZTTETJ BY- Planning Commission
pl~"~ $y, Susan Hoyt
PLANATION/SiJl~.AAY (attach additional sheets as necessary):
See attached draft of Minutes of October 22, 1990.
ACiI0I1 REQIIESTFD: Information Only. (NOTE: See Page 1 of Minutes for
recommendation on garage setback
variance at 1457 Idaho).
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MINUTES
REGULAR PLANNING COMMISSION MEETING
OCTOBER 22, 1990
7:30 p.m.
Meeting was called to order at 7:35 p.m. by Chairperson Boche.
PRESENT:
Barry, Boche, Finegan, Duncan, Daykin, Gibson Talbot, Ciernia
Nestingen
APPROVAL OF MINUTES
Minutes of the August 27, 1990 meeting was unanimously approved
as written.
REQUEST FROM DAVID & GRACE GORRINGE FOR A VARIANCE FROM 9-
2.04(1)(c), THE CORNER SIDE YARD SETBACK TO CONSTRUCT A GARAGE AT
1457 IDAHO IN AN R-1 ZONE.
City Planner Hoyt briefed the commission on a request from the
Gorringe's for a variance of 14 ft. 6 inches from the 15 ft.
minimum corner side yard setback required in 9-2.04(1)(c) of the
zoning code. The variance is necessary to construct a new two
car 24 ft. by 24 ft. garage with the garage entrance in the same
location as the existing garage. She also explained the proposed
garage conforms to other setbacks on the street, and that the
variance appears to meet all standards .for granting a variance in
9-15.03.
Mr. Gorringe, owner of the property at 1457 Idaho, explained
moving the garage back 15 ft. from the property line would
require removing the playground, landscaping, fence, and tree.
It is now necessary for them to park in the street or driveway.
This arrangement makes it difficult for traffic to see around the
corner and also leaves their vehicles open to vandalism.
Commissioner Duncan made a motion to grant the variance. All
were in favor with no opposition. Chairperson Boche then
recommended an amendment be attached to prohibit parking
on the entire garage apron to increase visability from the
adjacent alley. After discussion, a motion was made by
Commissioner Barry to amend the previous motion granting the
variance to include an amendment stating no parking on the
northern half of the apron. Five yes, one no. Motion was
passed.
PRE-APPLICATION PROCEDURE FOR A SUBDIVISION OF TWO EXISTING LOTS
INTO THREE LOTS AT 1794 ALBERT ST. AND 1800 ALBERT ST. IN AN R-1
ZONE.
Request was withdrawn. Possibly to be reconsidered at a future
planning commission meeting.
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which the sale takes .place, or by friends of such occupant,and where the sale is conducted by such occupant or friends.Items for sale shall not have been purchased for resale orreceivedonconsignmentforthepurposeofresale.
133 Sale - Residential Boutique
A residential boutique sale is the sale of handcrafted itemsconductedonresidentialpremises, where the items sold aremadebytheoccupantofthepremisesatwhichthesaletakesplace, or by friends of such occupant, and where the sale isconductedbysaidoccupantorfriendsofsuchoccupant.Items for sale shall be made in the home and not purchasedforresalefromanyretailorwholesalebusinesssourcenorreceivedonconsignmentforthepurposeofresale.
The commission felt in 9-4.01 the phrase, "limited to ONEcalendaryear" was too restrictive. A suggestion was made toamendittoread:
9-4.01 Subdivision 3 Permitted Accessory Uses
1) Garage and residential boutique sales limited to two saleseachcalendaryearperresidentialunit, not to exceed tenconsecutivedaysortwoconsecutiveweekends.
A motion was made and seconded to accept 9-1.02 132 and 133 aswrittenand9-4.01 as amended. A public hearing will bescheduledforNovember26, 1990.
REPORT ON THE CITY COUNCIL POLICY
SUBDIVISION (B)(D) AND (E) OF THE
SIDE YARD SCREENING BETWEEN BUSIN
REVIEW
ZONING
SS AND
OF SECTION 9-14.01
CODE REGARDING REAR
RESIDENTIAL ZONES.
AND
Planner Hoyt explained the city council will be discussing thepolicyofretroactivescreeningofbusinessesincludedinsection9-14.01, subd. 5(b)(d)(e) of the zoning code and will providedirectiononthisissue.
PLANNING WORKSHOPS
Two planning workshops (The Basics and Beyond the Basics) areavailabletolearnmoreaboutdecision-making and laws governingplanningcommissions.
Members of the council were requested to let Susan or Dee know iftheywouldliketoattendone. The city will be responsible forregistrationcosts.
Meeting adjourned 8:50 p.m.
3
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October 4, 1990
Sue Hoyt - City Planner
City of Falcon Heights
Falcon Heights, Mn.
Dear Sue,
I would like to apply for a variance so that I can build a new 2-car garage
where our existing one car garage now rests.
The main reason for the 2-car garage is to get both of our cars off the street
to prevent vandalism, to prolong the life of the cars, and to make our corner
lot safer. Curr•,emtly one of our cars impedes visibility of local traffic and
children when it rests in the driveway or on the street.
We feel we need the variance so that we can build the new garage the same 16
feet from the curb and one foot from the alley for several reasons:
1. We have a small backyard which we do not want to make smaller.
2. We have two children and a large dog who use the backyard daily.
3. We have expensive shrubbery, fencing, and a large tree that would be
eliminated if we had to build further into the yard.
4. We have a permanently cemented-in children's gym/swing/playhouse that
would have to be eliminated.
5. Because of the reasons above, we don't feel an alley entrance would work.
I am planning to match the aluminum siding to the siding on our house so that
the garage will blend in and enhance the look of our neighborhood.
Please approve this variance as soon as possible as I would like to complete
construction this fall.
Sincerely,
Dave and Grace Gorringe
1457 Idaho Ave. W.
646-0120
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Meeting Date 10-22-90
Agenda Item E-1
Attachment 3
MEMORANDUM
TO: Planning Commission
FROM: Susan Hoyt, City Planner
RE: Request for a variance from 9-2.04(1)(c), the cornersideyardsetbackfrom1457W. Idaho
The Gorringe's are requesting a variance of 14 ft. 6 inches fromthe15ft. minimum corner side yard setback required in 9-
2.04(1)(c) of the zoning code. The variance is necessary to
construct a new 24 ft. by 24 ft. garage with the garage entranceinthesamelocationastheexistinggarage.
Mr. Gorringe explained, and site inspection confirms, that movingthegarageback15ft. from the property line, or re-directingtheentrancetowardtheeastparalleltothealley, would requireremovingtheplayground, landscaping, fence, and tree. The
proposed garage conforms to other setbacks on the street. Thevarianceappearstomeetallstandardsforgrantingavariance in9-15.03.
Coaatai__
Policy X
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ITs'i DESCRIPTION:
SUSHITTED BY: _
REVIES+'ED BY
CITY OF YALCO:~ ~IG~TS
QUEST YOR COUNCIL C02]SID~TI~7N
t:~da ILea: F-11
Szatia~ Datz; 10/24/90
CONSIDER OPTIONS FOR FUNDING 1991 .RECYCLING PROGRAM
Shirley Chenoweth
Jan Wiessner
PLANATION/SiJ?~'SAAY (attach additional sheets as necessary):
The Ramsey County Solid Waste Division has informed us that we must
submit a request by Friday, October 26th, to be exempt from the 1991
recycling portion of the waste management sewer charge of $13.
per year. which appears on property taxes. This would allow the
item to be placed on the County Board's agenda in ample time to
process the exemption request.
In order to request exemption, we must meet their established
criteria of achieving the established goals, and assuring an alter-
native method of long term funding. We seem to qualify except for
the funding requirement.
Several funding mechanisms have been discussed by the Council,
including (a) direct billing for recycling on a quarterly basis,
b) organized and integrated collection with the hauler billing the
customer, or (c) amending the present Code to require haulers to
provide all solid waste collection including recycling as a licensin
requirement. Options (b) and (c) would result in direct billing
by the hauler. Our present grant with Ramsey County expires Decem-
ber 31, 1990. Our contract with SuperCycle expires Jan. 31, 1991.
Another option, (d), is to continue with our present system for one
more year. This would allow more time to adopt and implement a
plan. This would require leaving the service fee charges under the
County's jurisdiction, applying for aCounty grant for 1991, and
negotiating a contract for recycling collection. The County has
indicated they are not able to extend the City grants for an entire
additional year. phis would likely involve implementing a city
service charge or providing more support from the City budget.
The Solid Waste Commission discussed all options in the past; how-
ever, had focused on organized collection. The County's deadline
prevents the Commission from re-addressing the other options.
see Page •2)
CJ
Page 2
ACTION REQUESTED: Staff concurs with the Solid Waste Commission
that organized/integrated collection would be the
most cost effective. However, if Council does
not care for this option, staff would recommend
Option C", integration through licensing.
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Consent Meeting Date : 10 24/
Policy X CITY OF FALCON HEIGATS Agenda Item: F-1290
DfQUEST. FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
ADMINISTRATOR'S COMPENSATION
SUBMITTED BY: Tom Baldwin
REVIEWED BY:
EXPLANATION/SUMMARY (attach additional sheets as necessary):
Pro-posed compensation for City Administrator:
Salary: $45,000 per year, retroactive to 6/1/90
Vehicle Allowance: $165.00 per month
Professional Development
Allowance: ~ $2,000
Other Fringe Benefits: As provided by Personnel Policy
and existing Employment Agreement.
ACTION REQUESTED:
1L~
6/29/87
REGULAR CITY COUNCIL MEETING
CITY OF FALCON HEIGHTS
AGENDA
OCTOBER 24, 1990
A. CALL TO ORDER: 7:00 P.M.
B. ROLL CALL: WALLIN BAI,DWIN GEHRZ
CIERNIA JACOBS WIESSNER
CHENOWETH ATTORNEY ENGINEER
C. APPROVAL OF MINUTES OF OCTOBER 10, 1990
D. PUBLIC HEARINGS: NONE
E. CONSENT AGENDA
1. Disbursements
a. Disbursements through 10/24/90, $140,075.20
b. Payroll, 10/1/90 - 10/15/90, $10,692.96
2. Request for a Variance from 9-2.04 (1)(c), the Corner
Side Yard Setback to Construct a Garage at 1457 Idaho in an
R-1 Zone.
3. Donations for Community Park Amenities
4. Lions Club Christmas Tree Sales
5. Solid Waste Commission Minutes of October 4, 1990
Parks and Recreation Commission Minutes of October 8, 1990
6. Appointment of After School Sports Instructor
7. City Hall Lobby - Monitor for Cable TV
8. Licenses
ACTION:
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
1. City Tree Planting Guidelines
ACTION:
2. City Flag
ACTION:
3. Policy Direction Re: Requirement of Existing Businesses to ScreenSideandRearYardsfromAdjacentResidentialZones. (City CodeCH. 9-14.01, Subd. 5(b).
ACTION:
4. Review Sanitary Sewer Billing Policy for Apartment Buildings
ACTION:
5. 1991 Fire Protection Services Contract with City of Lauderdale
ACTION:
6. Request to Waive License Certificate Requirement for MechanicalContractor's License
ACTION:
7. Update on Hamline Avenue Project
ACTION:
8. Schedule Public Information Meeting for 1991 Street ImprovementProject
ACTION:
9. Proposed Resolution R-90-41 Authorizing Falcon Heights to Join
an Environmental Cities Group
10. Sewer Backups and Sewer Stub Repairs
ACTION:
G. ANNOUNCEMENTS AND UPDATES
H. ADJOURNMENT
ACTION:
MINUTES
REGULAR CITY COUNCIL MEETING
OCTOBER 10, 1990
Baldwin called the meeting to order at 7:05 P.M.
PRESENT ~.,,,.,,~
Baldwin, Ciernia, Gehrz and Wallin.
ABSENT
Jacobs.
MINUTES OF 9/26/90 APPROVED
The Minutes of September 26, 1990 were approved by unanimous
consent, as corrected.
CONSENT AGENDA ITEMS APPROVED
Council approved the following Consent Agenda items by unanimous
consent:
1. Disbursements
a. General Disbursements through 10/10/90, $42,359.05b. Payroll, 9/16/90 - 9/30/90, $9,933.56
2. Solid Waste Commission Minutes of 9/6/90
3. Awarding 1990 Fall Street Sweeping Contract to Mike
McPhillips, Inc. at a Cost not to Exceed $2,786.00
4. Licenses
CONSENT ITEM RELATING TO LOWERING SPEED LIMIT ON LARPENTEUR
AVENUE MOVED TO POLICY AGENDA
Ciernia requested that the Consent Agenda item relating to a
request for lowering the speed limit on Larpenteur Avenue,Cleveland to Fulham, be removed frc¢n the Consent Agenda and
placed on the Policy Agenda. Council agreed.
RECOGNITION EVENT FOR CITY VOLUNTEERS TO BE PLANNED
Council briefly discussed the possibility of holding a
recognition event for City volunteers as has been done in the
past, after which Gehrz volunteered to organize the event to beheldinthenewCommunityParkBuildinginJanuaryof1991.
RED RIBBON COMPAIGN UPDATE
Gehrz gave an update on the progress of the Red Ribbon Campaign,and presented a schedule of events for Red Ribbon Week, October20ththroughOctober26th. Gehrz then moved the adoption of
Resolution R-90-40 which carried unanimously.
RESOLUTION R-90-40
A RESOLUTION PROCLAIMING OCTOBER 20-26, 1990 AS
RED RIBBON WEEK AND ENCOURAGING CITIZENS TO
PARTICIPATE IN DRUG PREVENTION EDUCATION ACTIVITIES
MINUTES
OCTOBER 10, 1990
PAGE 2
DISCUSSION - REQUEST TO LOWER SPEED LIMIT ON LARPENTEUR AVENUE,
CLEVELAND TO FULHAM
Council addressed a request from Thor Kommedahl on behalf of the
1666 Condominium Association that the speed limit on Larpenteur
Avenue, Cleveland to Fulham, be reduced from 40 to 30 miles per
hour for the safety of persons crossing the street to play golf,
etc. Ciernia commented on the fact that the street was built to
move traffic and stated he was uncomfortable with requesting
Ramsey County to reduce the speed on their street as it would
seem the Council was endorsing the reduction. A discussion
ensued regarding the County's rationale for the various speeds
on Larpenteur, the effect on traffic if the speed limit is
lowered, other possible methods of providing pedestrian safety
and accident history in the area. Council directed staff to
request that Ramsey County address the items discussed without
giving the impression that the Council endorses the change as
requested by Mr. Kommedahl.
ADJOURNMENT
The meeting was adjourned at 7:57 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
U
Consent
X
Policy CITY OF FALCON HEIGHTS
flEQUEST.fOR COUNCIL CONSIDERATION
Meeting Date: 10/24/90
Agenda Item: E-1
ITEM DESCRIPTION;
DISBURSEMENTS
SUBMITTED BY: Tom Kelly
REVIEWED BY:
EXPLANATION/SUMMARY (attach additional sheets as necessary):
a) General Disbursements through 10/24/90, $140,075.20
b) Payroll, 10/1/90 - 10/15/90, $10,692.96
ACTION REQUESTED: Approval
6/29!87
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12 Oct 1394 Paid Register
Fri 7:55 AM City of Falcon Heights
Page 1
k 6~:ployee Employee
Number Number Name _
Day Pay
Pay Group Sroup
Period Number Descriotiun
Check
Check Amount Date Status
f Gi$787 G G.GG f5-flct-9G VOID
418788 G G.GG 15-Dct-9G VOID
Gf8784 twGOGGGG2 #~iessner, Janet R.19 Gi semi-monthly 1,227,79 f5-Dct-9G Dutstar,dingG1b79GGGGGGGGG4Kriegler, Carol 3.19 G1 semi-monthly 389.92 f5-Dct-9G flutstar~fing418791GGGGGGGIIChenaweth, Shirley 6.19 Gf searmonthly 717.63 15-Dct-9G OutstandingG1b792OOG(iGGfkG Iverson, Terry D.f9 G1 semi-mthly 78f.b9 15-{ict-~1 Dutstar~fing418793444404427Morgan, Jay M.9 GI semi-a-anthl y 693,51 15-Oc -9t0 Outstanding418794GOGGGGGs8Gh^ight, Vincent D.19 01 semi-monthly 766.38 15-Oct-9G OutstandingQf8745000000063Phillips, Patricia A.?19 Q1 semi-monthly 549.69 15-flct-9G Outstanding418796004000465Kelly, Thomas R.19 G1 semi-mthly 863.94 f5-Oct-9G Outstanding418797000000074HoytTaff, Susan L.19 Vi semi-mthly 534.46 15-Oct-9G Outstandingt1f873b00400008E5taffa, Sregary 19 G1 semi-monthly 1G, 79 15-Oct `jG Outstanding018799000000091Swenson, DeLoris J.19 1 semi-monthly 538.88 15~1ct-9G OutstandingO1Sb40GGGOGGGG3Baumann, Nicholas B.10 42 monthly f 277.78 15-Oct-9G Outstanding018801GGGGGGGGSBerndt, Ross f4 02 monthly 1 105.63 f5-Oct~9G Outstanding0188020#K~000fi06 Bianchi, David P.f0 02 monthly f 81.88 f5-Oct-9G Outstanding018803000000008Brawn, Raymond F.10 02 mthly 1 252.01 f5-Oct-9G Outstanding018804OGOfi40Gf3Clarkin, Michael D.14 02 monthly 1 54.50 f5-Oct-9G OutstaringOf88050000000f4Dow, Michael J.f0 02 monthly i 151.38 f5-Oct-9G Outstanding418806GGGGGfiGi5Dawdell, Ralph L.10 02 monthly f 33.75 #5-{)ct-'3G DutstarrdingOf88G1000000016Fuller, 3ames D.f0 02 monthly 1 1f 7, 00 15-Oct-9G Outstanding04400401& Halmgrery Jahn M. Sr.f0 G2 mar,thly 1 53.13 15-Oct-40 Outstanding400000021KurhaJetx, Clement M,SG 02 monthly 1 105,63 15-Oct-9G Outstanding0188104444444,'_3 LeMay, Douglas 1G G2 monthly 1 f18.3G f5-Oct-9G Outstar~fing418811000400024Lirig, tea iG 02 monthly I 105.38 f5-Oct-9G OutstandingG1b812fIUQ(tG4G2S McDermar, Cirdy K.1G G2 a~rrthly 1 18.75 f5-fkt-9G Ou#standing018813000000026McNabb, Gerald 10 02 monthly 1 6.25 15-Oct-90 Outstandingi1}8bi4 OG0004C~9 Olson, Joseph E.1G 02 monthly 1 83.75 IS-dlct-~ Outstardirrg0188f5DGGGGGG32Schaefer, Richard A.10 02 monthly 1 40.63 15-Oct-9G OutstandingO1bbi6GGCKiGGG33Schauffert, Craig F.10 02 monthly #62.54 f5-Oct-9G OutstandingOf88170441100034Smida, Gail 10 02 monthly i 98.5E !5-Dct-90 OutstandingOf88ib0040tx1Ei39MargaryJayiGG2monthlyf93.88 15-fkt-9G Outstanding018819GOGGGG04GKayser, Douglas iG G2 monthly 1 32.63 15-Dct~9G DutstarntingG#8824 OGG00fi042 Stalx, Steven P.1G G2 monthly f 28.f3 15-Oct-9G Dutstanc#ing41882E1100000045Gilbert, Jerome J.10 02 manthty 1 75.63 25-Oct-44 Outstanding418822GGQGtK1G46Holmgren, Jahn H. Jr.1t1 GE monthly 1 18&.54 15-i7ct-90 Outstanding41813230000401147McNabb, Hevin 10 02 monthly 1 12.54 15-Oct-40 Outstaring418824000000049Anderson, Kevin L.14 02 monthly 1 229.26 f5-Oct-9G Outstanding418$25 440000064 PETERSON, 6RESORY 5.14 02 monthly f 211.63 15-Oct-9G Outstanding01&&26GGGG60G69 Martinez, Joseph L.583-02 marrthly 1 69.3815-i1ct-9GOutstar~ting418827000004084Hassel, Richard 469-02 monthly 1 140.6315-Oct-9GOutstanding G1b828000440085Herald, Nathaniei 476-02 monthly f 36.26f5-Oct-~ Outstanding 418829004404487Iverson, Terry D.473-G2 mthly 1 132.5415-Dct-9GOutstanding 018&30 t~i0440043 Niles, Dirk F.389-G2 monthly 1 154?.bs15-Oct-'~ Dutstarrdi»gTotal
10,692,96
ConaenL "Benda ILa~~ E-2
Yclicy CITY OF ?ALCON E;IGBTS atiag Da~tx: 10/24/90
7
r~
L_
REQUEST 1-OR COUNCIL C02]SID~.~TION
ITS! DESCRIPTION: REQUEST FOR A VARIANCE FROM 9-2.04(1)(c), THE CORNER
SIDE YARD SETBACK TO CONSTRUCT A GARAGE AT 1457 IDAHO
IN AN R-1 ZONE.
SUBHZTTETJ BY- Dave and Grace Gorringe, Property Owners
pZ~-~ By: Susan Hoyt, City Planner
II~°I.ANATION/SU2~iARY (attach additional sheets as necessary)
Mr. and Mrs. Gorringe of 1457 Idaho are requesting a variance of 14 ft. 6 inches
from the fifteen foot corner side yard setback required in Section 9-2.04 (1)(c)
of the zoning code to construct a new 24' by 24' garage on the same site as the
existing garage.
The variance appears to meet all standards for granting a variance in 9-15.03
of the zoning code. The variance may be granted on grounds that•without it
the residents would substantially alter their landscaping, remove their play
equipment and reduce their landscaped open space.
ACTIdr REQIIESTED: Accept; Planning Commission recommendation.
I Corsaeni X
Policy
L.
r~
CITY OF ?ALCO:: SIGHTS
QUEST YOR COUNCIL CONSID~TION
tada ILt~' E-3
i~atiag Dstz: 10/24/90
ITL.'i DESCRIPTION: DONATIONS FOR COMMUNITY PARK AMENITIES
SUB2iITTEJ BY: _ Carol Kriegler
REVI£Sr'ED BY:
L.ANATION/SiJ2~.ARY (attach additional sheets as aecessaxy)
The following organizations have committed funds for the purchase of various
amenities at the Community Park.
North Suburban Youth Association, $2,465.00
Spring toys, Sand Box, Diggers, Sand Table)
Falcon Heights Lauderdale Lions Club, $1,000.00
Park Entrance Sign)
Roseville Jaycees, $340.00
Picnic Table)
These organizations will be contacted and informed that their gifts will be
formally accepted at the October 24th council meeting. I would recommend
putting this item on the Policy Agenda should representatives be present.
Their contribution could be acknowledged and appreciation expressed.
ACiIOr ItEQLI£5?ED: Acceptance of gifts for the .purchase of Community Park
amenities.
I
Consent X
PolicT__,_
ITr'~..! DESCRIPTION:
SUSHZTTED BY
REVIEWED BY:
CITY OF TALCClti B~iCHTS
F~EQUEST $OR COUNCIL CONSID~TI{JN
LIONS CLUB CHRISTMAS TREE SALES
Carol Kriegler
Jan Wiessner
IIC°LANATION/SUl4'.ARY (attach additional shtets as necessary):
A~anda ILem: E-4
tSst2iag Data:10/24/90
In view of City staff's concern for potential damage to the hockey rink
during Christmas tree sales and the subsequent proposed agreements the
Falcon Heights/Lauderdale Lions Club has requested use of an alternative
site within the park. The proposed site is the area adjacent to and south
of the hockey rink. This area has established turf and should not present
any significant problems.
AGTIOH REQIIESTID: Authorization for use of Community Park for Lions Club
Christmas tree sales.
C]
ConatnL~_
Policy CITY 0:~ YALCO': ~IGETS
tEQUEST 8flR COUNCIL CONSID~TION
ITE'f DESCRIPTIO3i:
SOLID WASTE COMMISSION MINUTES
PARKS AND RECREATION COMMISSION MINUTES
Solid Waste Commission
SUBMITTED BY= _ Parks and Rec Commission
REVIEWED BY: ' Shirley Chenoweth
Carol Kriegler
I.ANATION(SLTY4~.ARY (attach additional sheets as necessary)
Solid Waste Minutes of October 4, 1990 attached.
Parks and Rec Minutes of October 8, 1990 attached.
ACTION RgQQESTED: Information Only
I•
tnda Items: E-5
l~aLiag DaLx:10/24/90
MINUTES
Solid Waste Commission Meeting
4 October 1990
DRAFT
The meeting was called to order by Chairperson John Thompson at7:00 pm.
COMMISSION MEMBERS PRESENT: John Thompson, John Hustad, TerryIverson, Marty McCleery, Mike Haglund, Lyle Wray and ShirleyChenoweth, Stafif Representative.
COMMISSION MEMBERS NOT PRESENT: Nancy Misra, John BrynildsonandLauraKuettel.
APPROVAL OF AGENDA: The agenda was approved, with Mayor Tom
Baldwin speaking to the Commission on directions from the CityCouncilfortheCommission. Also, time line and meeting withhaulerstobediscussedtogetherasonesubjectontheagenda.
APPROVAL OF MINUTES: The cost of the can crushers in the third
paragraph on page two (2) of the 6 September 1990 minutes of theSolidWasteCommissionshouldreadtendollars ($10) not five
dollars ($5). Motion was made by John Hustad to approve theminutesofthe6September1990meetingaftertheabovechange.It was seconded by Marty McCleery. Motion passed.
DIRECTIONS FROM THE CITY COUNCIL: Mayor Tom Baldwin spoke totheCommisssionontheestablishmentofacoalitionofcities toaddressenvironmentalissuesconfroutingthem. The idea behindthecoalitionistoshareideasontheseissuesandsavetime
and money. The coalition is comprised currently of twenty five
25) Minnesota cities.
The mayor also discussed having a workshop with the City CouncilandtheSolidWasteCommission.
CURBSIDE COLLECTION FUNDING: Shirley Chenoweth told theCommissonthatfundingfortherecyclingprogramwouldbe $4.57aquarterperhouse. This fee would replace fiunding from the
county.
TIME LINE: Haulers will be invited to the Solid Waste
Commission meeting on 1 November 1990. The Commission wouldliketogetideasfromthehaulersongarbagehaulingand
recycling issues.
The Commision will have a workshop with the City Council on 14November1990.
MILTI-HOUSING RECYLING: Marty McCleery and John Hustad willupdatetheCommissiononissuesinthisareaatthenext
meeting.
U
SOLID WASTE COMMISSION
4 October 1990
page two
RECYCLING BIN GRANT: Motion was made to apply for-the recycling
bin grant by John Hustad. It was seconded by Lyle Wray. Motion
was passed.
ADJOURNMENT: John Thompson made motion. to adjourn meeting. It
was seconded by Marty McCleery. Motion passed. Meeting
adjourned at 8:40 pm.
Respectfully Submitted,
Michael W. Haglund
Acting Secretary
Minutes of the Parks and Recreation Commission Meeting
7:00 P.M., Monday, October 8, 1990
Members present: Connie Lasser, Linda McLoon, Deborah
Weiland, Carol Huso, Jeff Johnson, Lloyd Jacobson, Sam
Jacobs, Council Liason, Carol Kriegler, Park Director,Jyneen Thatcher, Steve Schugel
1. Park Building Update
Carol K. went over a list of 13 items with Scott
Midness and the contractor on the park building. The most
immediate things outside included: fixing the ponding at
the skating sites, the southwest corner that they have
ignored, the lack of sod in a number of other areas, the
strip along the boulevard. There is another list of indoor
items that need to be corrected. Carol K. stated that she
felt the contractor would finally take care of these things.Carol also indicated that Vince had sunk posts in order to
put a chain over the pedestrian paths. We all agreed that
it was ridiculous to impede walking along these paths, and
that the posts should be removed. Vince has been instructed
NOT to put up these chains.
Carol received a quote for the staining and painting of
the inside of the building, the exterior trim and a second
exterior coat. This should be done in the next several
weeks.
Linda asked if there was some way to have the bathrooms
open on a trial basis on the weekend afternoons. Carol
thought a ParkWatch program should be instituted. With thatinplace, it might be an appropriate time to try to open the
bathrooms and see what happens. Then we can say we tried.
Both Carol H. and Linda indicated that they would talk to
neighbors about a Parkwatch program. Connie thought JerryRudimanmightbeapersontotalkto. He is the Roseville
Neighborhood watch coordinator.
2. Open House/Halloween party
The open house/Halloween party is set for Tuesday,October 23. There is a full page ad for it in the
Newsletter, due to be delivered this weekend. The openhouseisfrom6-8. Bob the Beachcomber will perform from
6:30 - 7:15. We will serve the big cake from the Falconeer.
Carol K asked for ideas for games etc. Carol H recommended
a pumpkin carving or decorating contest (the pumpkins will
be brought already decorated or carved). Other ideas: abaskettoss, a haunted fire engine etc. Carol asks that we
call her if we get any brainstorms.
6. Lion's Tree Sale
Sam asked if there was another site besides the hockey
rink where they could set up trees. They were going to be
constrained by removing ALL snow from the hockey rink by
contract and Sam felt the Lions couldn't sign such an
agreement. A number of ideas were offered. We all agreed
again that we were in favor of them using the Community Park
as their tree sale site and hoped Sam could find a spot they
liked.
7. As there was no further business, the meeting was
adjourned at 8:55 p.m.
Respectfully submitted,
Linda McLoon, Secretary
U
r~
GonaenL X
Policy CITY OF ?A3.C0': ~IGETS
F.BQUEST YOR COUNCIL CONSIDi~TION
tnda ILem: E-6
r L in g Da i a; 10/24/90
ITID DESCRIPTIO?i:
APPOINTMENT OF AFTER SCHOOL SPORTS INSTRUCTOR
SUB?iZTTID BY: Carol Kriegler
Jan Wiessner
REVIES~FED BY:
L7C~LANATION/SU24•.ARY (attach :dditioaal sheets as necessary):
A vacancy exists for fall recreational after school programs.A
vacancy exists for soccer, bowling and basketball skills.
Carol Kriegler recommends the appointment of Laura Hanson to the
position at a rate of $10 per hour.
ACTION REQBES2ED: Appointment of Laura Hanson to the recreational program
staff.
Vr
CotsataL
Yolicy CITY OF ?ALCClS ~.ICHTS
QUEST YOR COUNCIL CONSID~.~TIOIi
ez~'a ILe~: E-'~
Szatiag Da2x:
IT~.'i DESCRIPTIO?i:
CITY HALL LOBBY - MONITOR FOR CABLE TV
SUS2iZTTEJ BY: _ Carol Kriegler
REVIE~"'ED By' ~ Jan Wiessner
PLANATION/SLT2~.ARY (attach additional sheets as necessary):
A 20" monitor and wall bracket can be purchased at a cost of $485.00 ($367 for
monitor/$118 for wall bracket). This will allow for a monitor to be hung
in the lobby of the City Hall.
There is $500 available in Account #87090 '°Repair Other Equipment".
ACTIOr REQIIESTED: Authorization to purchase and install a monitor in
the lobby of City Hall.
Ccnaani x
Policy CITY OP ?ALCO:v E;IG'3"!'S
jtEQUEST 8OR COU?iCIL CONSID~TION
g~enda ILt~: E-8
lSiating Data: 10/24/90
ITE'~! DESCRIPTION:
SUS?SITTID BY : _
REVIES~ED BY:
LICENSES
Shirley Chenoweth
I.ANATION/SIJHI~.ARY (attach additional sheets as necessary):
Hedler Plumbing Inc. #0607
2519 4th St. N.E.
Mpls., MN 55418
General Contractor
Alex Blair Carpentry #0602
6168 Colfax Lane
Mpls., MN_ 55419
Minnesota Landmark Construction #0606
4000 Beard Ave. So.
Mpls., MN 55410
Ken Anderson Construction #0605
6140 132nd Way
Apple Valley, MN 55124
ALL ARE NEW
ACTION REQTTESTFD : Approval
ConaenL
policy x CITY o.~ NALCO:: EIGHTS
REQUEST FOR COUNCIL CONSID~TIi?N
ITE?i DESCRIYTIO3i: CITY TREE PLANTING GUIDELIi4ES
SUSHITTED BY: _
REVIEWED BY:
Linda Treeful
Shirley Chenoweth
Jan Wiessner
PLANATION/SU24iARY (attach additional sheets as necessary):
Agenda Items: F-1
Xteting Da•tx;10/24/90
The City has not previously had written guidelines regarding tree
planting. In response to some recent questions from Council Members,
we've attempted to write down the operating guidelines and asked
Linda Treeful to make recommendations.
ATTACHMENTS:
A. Present Guidelines and Proposed Changes
B. Information from other cities
AC~IOr REQUESTED: Discussion
ATTACHMENT A
JULY, 1990
PRESENT TREE PLANTING GUIDELINES
1. Avoid underground utilities
a) wiring
b) 9 feet from storm sewer
c) 9 feet from sanitary sewer
d) gas lines to the property
e) water lines to the property
f) avoid water mains if at all
possible. If tree is planted
on water side,it must be placed in
such a position that it would not
interfere with water line repair.
2. Avoid planting beneath overhead utilities.
PROPOSED POSSIBLE CHANGES/CORRECTIONS
FROM LINDA TREEFUL
No clearance-St. Paul doesn't check
location because tree roots will
grow where cracks in pipe are
whether roots are close or far away.
5 foot clearance
10 foot clearance
15-20 ft. from street lights.
3. Avoid area 10 feet from either side of
stump/roots where trees have
been removed. (Stumps take 7 years
to rot out).
4. 30 feet minimum distance from old or new ** 40 ft. average spacing; tall,
trees (private or public) for the types narrow trees may be only 20-25 ft.
of trees the City presently plants (they apart; 20 ft. from private trees;
bush out) never under overhanging branches
of public or private trees
City of St. Paul regulations
Urban Forestry: Planning & Managing Urban
Greenspaces. R. W. Miller, 1988
20 ft. from corner of inter-
section. 60 ft. from corner
of busy intersection.
7-8 ft. from fire hydrants
text says 10 ft. for utility
poles and hydrants)
5 ft. from driveway (text says
15 ft. for alleys and driveways)
5 ft. from carriage walk (sidewalk
that runs through boulevard)
ATTACHMENT B
BOULEVARD TREES
Roseville
Do not replace
Arden Hills
Do not rep ace
Shoreview
Did not reach the forester (Gene 490-4665)
St. Anthony
Yes - starting next year as money becomes available. Awaiting
list has been started ,and trees are replaced from this list.
They have 30 on the list to be replaced so far.*
New Brighton - (Rick 633-8906)
Starting in the fall of '90, the city will begin replacing trees
with the property owner paying 1/2 the cost of the tree which
is approximately $15.00. The trees are purchased from. Cross
Nursery - bare root - for $25.00-$30.00. They have always
replaced blvd trees adjacent to parks or on street widening
projects.
Little Canada
Trees with Dutch Elm disease were replaced by the city at one
time but no longer.
Maplewood
Do not replace
Stillwater
Do not pant trees on boulevard
St. Anthony - No written guidelines, at least not at this time.
New Brighton - They have nothing in writing as far as planting
guidelines. 15' easement - usually plants
8-10' back to allow for snow plowing, sweeping,
future curbing - no sidewalks
ConaPnt______
Policy ~
r1
r--.
CITY OF YALCO:r T~IGB?S
QUEST 80R COUNCIL C027SID~TION
A;tnda ILe~: F-2
Szstiag Datz: 10/24/90
IT~i DESCRIPTION:
CITY FLAG
SUS?iITTETJ BY: Jan Wiessner
Shirley Chenoweth
REVI£i~~D BY:
PLANATION/SUY.2SARY (attach additional sheets as necessary):
Chuck Hazama~ Mayor of Rochester, has requested a City Flag for the opening
ceremony of the 1991 LMC Conference in Rochester (see attached letter). Since
we do not presently have a city flag, we would like to know if council is
interested in pursuing the creation of such a flag. If soy some possible ways
to implement this procedure might be to request a graphics firm to prepare an
original design, establish a local committee to develop ideas, or use the present
logo which is readily available through the firm which designed the logo.
We are attempting to obtain some estimated costs.
AC?ION REQQ£STED: Consider;creating a city flag'for use in civic events.
O ~
RpCHESTER • MIpN~,
at ~ ; .
7f.;tf ~ •~ OT
m
ti `
5RAT'fp.`AUGUST.• •• ~ D
October 5, 1990
Dear Mayor:
iVIayor
Chuck Hazama nt.t-AyeR~cn ciTY
Rochester, Minnesota
55902
a~'
The seeds for the 1991 League of Minnesota .Cities Conference tobeheldinRochester, June 11-14, have been planted. The localplanningcommitteehasmettwice, and the state planning group offortyeightvolunteersmetforitsfirstmeetinginSeptember.
We need to now sow a few of the seeds and cultivate them with
care. We are planning an opening ceremony involving youth. We
are asking all the cities to send us your city flag by May 15,1991 to the Mavor's Office Room 200, City Hall, Rochester MN55902. We would like to have them 3' x 5' standard size. Weplantobegintheconferencewithyoungpeoplemarchinginwith
all the flags from cities throughout the state.
If you don't have a city flag, why not initiate a flag selectioncommitteeandselectoneforyourcity.
Hope you'll send us your flag by May 15, 1991.
incere ~,
Chuck Haza Mayor
City of Ro he ter
ConaanL anda Isar: F-3
Policy X
CITY OF TALCON ~IGBTS ?
izstiag Daiz:10/24/90
BEQUEST $OR COUNCIL CONSID~TION
ITE'4 DESCRIPTION: pOLICY DIRECTION RE:REQUIREMENT OF EXISTING BUSINESSES TO
SCREEN SIDE AND REAR YARDS FROM ADJACENT RESIDENTIAL ZONES.
CITY CODE CH. c-14.01, SUBD. 5(b).
SUB?iZTTID BY: Jan Wiessner, City Administrator
Susan Hoyt, City Planner
REVIE~D BY' Jan Wiessner, City Administrator
Susan Hoyt, City Planner
PLANATION/SU?Stt,ARY (attach additional sheets as necessary):
Due to a complaint from a resident regarding a business use adjacent to his neighbor-hood, the staff would like the City Council to review existing City policy regardingscreeningbetweenbusinessesandadjacentresidentiallanduses. Section 9-14.01,Subd. 5 of the. zoning code states that all existing land uses shall comply with thescreeningrequirementssetoutinthezoningcodebyJanuary1, 1989. The codestatesthattheCouncil "may require" existing businesses to provide screening alongrearandsideyardsthatareadjacentoracrossthestreetoralleyfromaresidential
zone. This section of the code has not been retroactively enforced to date.
Retroactive enforcement of such measures raises several policy questions.
ATTACHMENTS:
1. Section 9-14.01, Subd. 5 (b), (d) and (e).
2. Planner's report on the retroactive application of rear and sideyardscreeningforexistingbusinesses, 10/15/90.
3. City Attorney's opinion on code enforcement.
A brief slide presentation of some Falcon Heights businesses will accompany thisagendaitem.
ACiIOr 1tEQQESTED: 1. Review and discuss: (a)~What constitutes screening and,
therefore, non-conformance; (b) when should the code be retroactively enforced --on a complaint basis, in all cases?; (c) how should it be administered? PlanningCommission/Council review'? Revise effective date?
2. Provide staff with guidance on all of the above. ~'
I
ATTACHMENT 1
PLANNING AND DE9ELOPMENT 9-1.01
c. Chemical insecticides or herbicides shall be stored, handled and
utilized as per the standards set forth by the Minnesota Pollution
Control Agency.
t----~ Subdivision 5. Screening. (All existing uses shall comply with this
standard by January 1, 1989).
a. Screening shall be required in residential zones where:
1. Any off-street parking area contains more than four (4)
parking spaces and is within thirty (30) feet of residential
zone; and
2. Where the driveway to a parking area of more than six (6)
parking spaces is within five (5) feet of an adjoining
residential use or zone.
71 b. Where any business or industrial use (structure, parking or
storage) is adjacent to property zoned for residential use, that
business or industry shall provide screening along the boundary of
the residential property. Screening shall also be provided where a
business, parking lot, or industry is across the street Prom a
residential zone, but not on the side of a business or industry
considered to be the front.
c. All exterior storage shall be screened. The exceptions are:
1. Merchandise being displayed for sale;
2. Materials and equipment currently used Por construction on
the premises; and
3. Merchandise located on service station pump islands.
d. The screening required in this section shall consist o1°' earth
l mounds, berms, or ground forms; fences and walls; landscaping (plant
materials) or landscaped fixtures (such as timbers) used in combina-
tion or singularly so as to block direct visual access o as o - ec .
e. Required screening shall be as approved by the City Council.
Existing land uses may be required to install screening if so
ordered by the City Council following public hearing.
86
ATTACP,MENT 2
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
TO: Jan Wiessner, City Administrator
FROM: Susan Hoyt, City Planner
RE: The Retroactive Application of Rear and Sideyard Screening for ExistingBusinesses
INTRODUCTION
Inevitably some residential neighborhoods are located next to non-residentiallanduses. Sometimes there is a comfortable co-existence. Other times thenon-residential land use creates a visual and/or audial blight. for adjacentresidents. Buffering or screening has become a standard practice to reducetheimpactonresidentialzonesfromadjacenttransportation, industrial andcommerciallanduses. These man-made buffers can enhance the aesthetics of aneighborhoodbyvisuallyobscuringthenon-residential use and diminishing thenoise. Site plans for proposed new developments routinely include setbacks andscreeningpriortoreceivingprojectapproval (e.g. SuperAmerica, Hewlett Packard).However, retroactively requiring screening between land uses that have co-existedforseveralyears, even decades, raises two policy questions -- (1) whatconstitutesscreening? and (2) when should existing businesses be required toprovidesuchscreening? A number of constraints enter into making these decisions.
1. WHAT CONSTITUTES SCREENING?
First, it is necessary to set general guidelines for acceptable screeningbetweenexistingbusinessesandresidentialzones. This information will beusedtodeterminewhichbusinessescurrentlyconformandwhichbusinessesdonot. It will also determine how non-conforming businesses may come into conformance.The City Council gives final approval to individual screening plans•see Attachment 1).)
According to the zoning code, the purpose of screening is to "block directvisualaccesstoanobject" using fencing, landscaping and construction materialssinglyorincombination (see Attachment 1). "Direct visual access" is vague.It may be interpreted to mean that standing at ground level looking toward thebusiness, the view of the business is obscured by landscaping (e.g, the northsideoftheThatcherClinic) or a six foot high cedar fence (e.g. Embers). Somebusinesseshavethreetofourfoothighchainlinkfencingalongrearpropertylines (e.g. Falcon Center). This would not impair the site line from adjacentpropertiesinheight, density or visual appeal, so it would not meet this requirement.
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
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Page 2
Requiring future screening to meet the "block direct visual access" criterioninthecodemaybeimportantindefiningwhatisappropriatescreeningandwhatisn't. Encouraging businesses to spend money on fencing and/or landscaping tomeetthecode, yet not provide anaesthetic visual screen, would be pointless.
An example of a well-done retroactive screening project appears in Figure 1below. This Roseville single family homeowner buffered the residence from a busystreetwithburmingandlandscaping. (Front yard screening like this is not
allowed in the Falcon Heights zoning code.)
FIGURE 1
2. WHEN SHOULD EXISTING BUSINESSES BE REQUIRED TO PROVIDE SCREENING?
According to the zoning code, all existing businesses either "shall conform"
as of January 1, 1989 or "may be asked by the City Council" to screen after a
public hearing (see Attachment 1). This may be done in two ways. The first
is on a complaint basis only. The second is in an overall screening code
enforcement program.
Page 3
Complaint Basis Only
If done on a complaint basis only, it may be argued that retroactive conformance
will necessarily .occur only in cases where an uncomfortable business/
residential relationship exists. Complaints identify this discomfort. Clearly
this is a more manageable approach for the City, and may provide the desired
results. City Attorney Gedde explains that enforcement on a complaint basis
is done for reasons of practicality, and rarely, creates problems. However,
if possible, it is ideal to consistently and uniformly enforce the code
throughout the City (see Attachment 3).
Citywide Screening Code Enforcement Program
If done as a citywide screening code enforcement program, all businesses in the
city are potentially affected. It requires reviewing all properties, for their
compliance with acceptable screening practices, contacting the property owners
and working out the most reasonable screening solution for each individual site.
Some properties may be unable to be screened due to the location of the buildings
on the site. In these cases, the constraints must be clearly recorded or it
reduces the claim that this is an equitable code enforcement program.
Factors to Consider
As in any policy decision, there are many constraints in making these decisions.
These include:
1. Existing fencing. Is existing fencing, like chain link acceptable
even if it doesn't act as a screen? Or must these property owners
replace the fencing with something that acts as a visual barrier.
If acceptable now, is it acceptable for proposed screening?
2. Existing screening. If the adjoining residential properties have
created rear and side yard screens through landscaping or fencing,
do these fulfill the code requirement even if the business did not
provide them?
3. Aesthetics. The most efficient, least expensive screening is
usually fencing. Therefore, it is important to decide if fencing
is an adequate solution to the screening requirement. Frequently six
foot high wood privacy fences are constructed as screening. These
are designed to take on an aged, weathered look. In landscaped
residential properties this aging often complements an existing deck,
garden, trees and lawn. However, in a commercial area, the presence
of a tall cedar fence in a heavily brick, stucco, concrete and asphalt
environment may look out of place.
Page 4
4. Security. Obscuring views of businesses from adjacent residential
zones is generally positive. However, in some cases it can pose a
security problem. Semi-opaque or opaque screening to the rear of a
business may pose a security risk. Visible entrances to the property
are more easily patrolled by police cars.
5. Ingress/Egress. Access to a site for service, police and emergency
vehicles is vital. In most cases a fence along a property line may
not affect ingress and egress to the site. However, this varies for
each business use. For example, the delivery doors for Bullseye nearly
abut its rear lot line. It would be impossible to construct a land-
scaping or a fencing barrier along the rear lot line without making
deliveries impossible. (Bullseye may have been exempt from this
screening requirement during the development review).
6. Expense. Screening costs money. For example, a homeowner recently
had a six foot high, 50 ft. treated cedar fence installed in his
sideyard for $1,038. A basic perimeter, chain link fence in a
residential rear and side yard costs between $1,000 and $1,500.
These are prices based on installation in soil, not concrete or asphalt
which might be the case on commercial property. Attractive land-
scaping is more expensive. With the perception of "hard times"
ahead, particularly for the retail sector, the cost-benefit of
enforcing the code must be carefully considered.
7. Administration. Implementing an enforcement program requires
working closely with business and neighboring residential property
owners whether on a complaint basis or a citywide program. Con-
tacting property owners, explaining the requirements in a non-
threatening manner, evaluating the unique property needs and working
with property owners to come to the most reasonable long term
solution takes time.
CONCLUSION
The overall goal of providing. screening or buffering between residential and
business zones is laudible. The retroactive enforcement of this requirement
in the zoning code may result in improved transitions between these two potentially
conflicting land uses. However, there are a number of constraints underlying
this enforcement. Council guidance is necessary before proceeding.
n
U
t.;AUG z2 '90 14 05 JENSEN HICKEN GEDDE SCDTT,_P.A.
ATTACHMENT 3
JENSEN, I~ICKEN, GEDDE t~ SCOTT, P. A.
ATTORNEYS AND COUNSELORS AT LAW
130CK, 81yCVA$D A., jR.
GEDDE, THOMAS A.300 ANOKA OFFICE CENTER
fIICKEN, jE$PREY P.2150 T1iIRD AVENUE
HOWARD, RO$8RT A•ANOKA, MINNBSO7A bb303-2296
jEN3EI+I, DAVIT? L.
MATT1i.E, FAUL E.
SCC~T7, b[ICHAEL J.TELEPHONE (Bi2) 4214110
TEI,I;COYIBIt (612) 42i-1Q4Q
August 22, 1990
Ms. Susan Hoyt
Falcon Heights City Planner
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113-5594
OF COUNSEL
I~IAI1t8Y, CFIARLS$ S.
LLJTI3E$, RIQI3ARD L.
I•IO'1VSE, Cr. CRAIG
RE: Screening Requirements
Dear Ms. Hoyt:
I have your letter of August 20 wherein you raised certain
questions regarding Section 9-14.0. Subd. 5 of the Falcgxl
Heights City Code.
A17~':"'auto repair shop is located in a B-2 zone adjacent to a
residential neighborhood. 'You ask. whether the City may se-
lectively enforce the screening requirements. As a practical.
mat~er, municipalities often•enforce various Code provisions
oil a complaint basis, rathez khan actively seeking out vials-
tions and, generally speaking, this is not a problem..:.,, How.-
eves, the- best ~.egal approach far``a. ~aunicpality is to~ hav®' a
goal:-of`enforcing all of its Cade provisions. if any existing
Code requirements go beyond what the City is comfortable en-
forcing, the best solution is to amend the Cade. Otherwise,
it can be argued that the equal protection clause of the Con-
stitutian is violated if the City picks and chooses violations
tQ pursue and intentionally ignores others.
You also ask whether the City Council-must approve all. screen-
ing arrangements required under this section of the Code. My
interpretation of Subd. 5 is that all screening must be ap-
proved by the Council and therefore wherever such screening is
required it would be appropriate far the owner to submit for
City approval a prapased screening plan. For new uses, this
issue could be dealt with when the conditional use permit or
building permit is Qbtairied. For existing uses which are not
in compliance, but where the owner is willing to submit a
plan, no public hearing is necessary. FoX existing uses where
Y.'
r' ~
AUG 22 '9@ 14~@5 JENSEN HICKEN GEDDE SCOTT,_P.A. P.3/3
Ms. Susan Hoyt
Page ~
August 22, 1990
the owner is not cooperative, the City may initiate the pra--
cess by scheduling a public hearing. Again, changes to the
Code could be considered if the City i.s not comfortable with
these procedures.
Please ca11 if you have other questions.
You~~ruly,
HI~~ GEDDE & SCOTT, P.A.
hamas A. Gedde
Falcon Heights city .~.ttorney
TAG/abg
cc; Janet R. Wiessner
a
Conaent
Policy CITY OF TALCON EIGHTS
jtEQUEST 8OR COUNCIL CONSZDzRATION
gtnda I t ems: F-4
2~etiag Data: 10/24/90
ITs': DESCRZPTZO?i:
REVIEW SANITARY SEWER BILLING POLICY FOR APARTMENT
BUILDINGS
SIIB?iZTTID BY: Bruce and Maureen Misgen
1707 Tatum
EpI~ By: Tom Kelly, City Accountant
Vince Wright, Public Works Foreman
Jan Wiessner, City Administrator
IIC°LANATION/SUl4~.ARY (attach additional sheets as necessary):
The Misgens own the apartment building at 1707 Tatum and feel
the current billing policy is unfair - (see Attachment A).
The. City's current procedure is to read commercial building
water meters to determine sanitary sewer rates. All other
accounts are billed a flat fee of $22.00 ($27.00 in 1991) per
quarter. The multi-unit housing is charged the flat rate
times the number of units in the building.
Staff recommends continuation of existing policy (see Attachment B).
The Nlisgens were told that the policy would be brought to the .
Council for review.
ACiIOr REQOES?FD: Discuss sanitary sewer billing policy for apartment
buildings.
s
ATTACHMENT A
August 7, 1990
Ms. Janice Weisner
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, Mn 55113
Dear Ms. Weissner:
We own an eleven-unit apartment building at 1707 Tatum
on which we feel we are being overcharged for sewage
disposal because of your flat-rate per household method
of determing usage. Our billing was for $242.00 which
we feel is excessive because seven of our 11 units are
occupied by one person and four units are occup~;ed by
two people.
Because we are being charged the same amount per unit as
the average residential user with a household of four or
more people, we would ask you to petition the city council
for some other more equitable method of determing sewer
usage. The most accurate and fair method would be to determine
actual water usage..
Would you please inform us on your decision concerning this
matter.
Sincerely,
Bruce & Maureen Misgen
cc: Tom Kelly
ATTACHMENT B
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
August 10, 1990
TO: Jan Wiessner
FROM: Tom Kelly
RE: Recommendation on Sewer Bill of Apartment Buildings
Bruce and Maureen Misgen have requested that their bill at 1707 Tatumbebilledotherthanaflatfeebecausetheyfeeltheyareoverchargedforsewerthisway. (see attached). In response, I would recommendthatwecontinuetobilltheflatrateforthefollowingreasons:
First, it would be unfair and improper to bill one apartment complexdifferentlythanallothers. Therefore, we need to change to a meter
reading system for all apartment complexes or none. For the City toreadapartmentbuildingmetersitwouldaddonefulldaytothejob ofreadingmeters. Apartment buildings have not been required to installtheoutsidemeters; therefore the City would have some difficulty inobtainingthereadings.
Second, water meter readings are not always accurate for metering sewer
usage. In the summer there is outside usage which does not enter the
sewer system. Using the winter quarter reading all year long isn't
accurate due to changing tenants.
Finally, the Misgens feel they are overcharged because most units have
one or two tenants occupying them. This, however, does not necessarilymeanthecomplexisusinglesswaterorsewer. By going to another system,the bill for the complex could go up.
My recommendation is to keep the system status quo.
TK:PP
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
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ConntnL
Policy X
r~
CITY OF TALCO:i SIGHTS
jtEQU£ST BOR COU2iCIL CONSIDi~TION
Agenda Iiea: F-5
lixaLiag DaLx: 10/24/90
IT~'f DESCRIYTIO3i:1991 FIRE PROTECTION SERVICES CONTRACT WITH
CITY OF LAUDERDALE
SUS?iZTTED BY: _Jan Wiessner
REVIEir'ED BY:
E~LANATION~SUHI~.ARY (attach additional sheets as necessary):
The City of Falcon Heights has been providing Fire Protection Services
to the City of Lauderdale since 19 80• The attached is a proposed rate
adjustment which would result in approximately a 5~ increase for 1991.
The actual cost will be dependent upon the actual number of fire calls.
ATTACHMENT:
A. 10/9/90 correspondence to LaVanche Peterson with proposed rates
NOTE TO COUNCIL: The attached rate structure corrects an error in the
material presented at the Budget Workshop in the
1990 cost/call.
ACiIOr REQIIESTED:Approve proposed Fire Protection Service 1991 Rate
Adjustment for City of Lauderdale.
l.~~ FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
October 9, 1990
TO: Lavanche Peterson
Lauderdale City Clerk
FROM: Jan Wiessne~
RE: 1991 Lauderdale Fire Contract
The Falcon Heights City Council discussed the fire service to the City
of Lauderdale at a Budget Workshop last Saturday. They informally
agreed to a 5$ overall increase in rates for 1991.
The enclosed proposed rate schedule will be on the October 24th Council
meeting agenda for council action. Let me know if you have any suggested
changes or if someone from Lauderdale would like to attend the meeting.
Thanks Lavanche.
JW:pp
enclosures
CC: S. Chenoweth
T. Kelly
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
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7ffi QIY USA
CITY OF FALCON HEIGHTS
LAUDERDALE FIRE PROTECTION/CONTRACT
Proposed: January - December, 1991
A. Base Rate
1988-89 1990 1991 Contract
Contract Contract 5% Increase
1988MV)1989MV)1990MV)
Total MV 59,943,300 65,463,100 67,145,200
x ($92.6/million MV) x 92.6/million)x 97.23/million)
5,538 6,062 6,528
B. Inspection Rate: This cost includ es routine fire inspections as well as
other related plan reviews,certif icate of occupancy and fire code
activities.
1988-89 1990 1991
1. Routine inspections of
60 businesses and
apartments.120 60*60
The Fire Marshal and
Fire Chief recommended
that starting in 1990
annual inspections
should be adequate.
2. Annual inspections of
4 tri-plex units 4 4 4
3. Annual inspections of
8 day care facilities 8 8 8
Total Inspections 132 72 72
Rate/Inspection 20 22 23
Total Cost: $2,640 $1,584 $1,656
C. Current Call Rate: $275/truck/hour
Proposed 1991 Rate: $285/truck/hour $27,500 $28,500
Estimated 1991 Total Cost: $36,684
i•
CITY OF FALCON HEIGHTS
LAUDERDALE FIRE CONTRACT RATE
SUMMARY
Actual Est*Est*
Total Contract Cost 1988-89 1990 1991
A. .Base Rate 5,538 6,062 6,528
B. Inspections 2,640 1,584 1,656
C. # Fire Calls 52 50*50*
Cost/hour 220 275 285
hours/call 2.19 2 hrs 2 hrs
Cost of Calls 25,060 27,500*28,500*
Total Cost 33,238 35,146*36,684*
Estimate based on # of calls to date
10/10/90
Consent tnda Items: F-6
Policy X CIS'1 0. ?AI.CCI.~ EL'IGHTS 2i~atiag Datx: 10/24/90
RBQUEST YOR COUNCIL COHSID~TION
IT~i DESCRIPTION:
REQUEST TO WAIVE LICENSE CERTIFICATE REQUIREMENT FOR
MECHANICAL CONTRACTOR'S LICENSE
SIIB2SITTEJ BY: _ Mel Collova
REVIEir'ED BY• ,Shirley Chenoweth
Gene Pakoy
Jan Wiesner
IIC°LANATION/SiJ*~.ARY (attach additional sheets as necessary):
Mr. Collova is requesting that you issue a mechanical contractor's license
to his firm even though he does not have a Certificate of Competency as
presently required by the City. A code amendment would be in order if it
is deemed this requirement is no longer necessary.
ATTACHMENTS:
A. Collova letter
B. Application Form
C. S. Chenoweth memo
ACTION REQIIES?BD: Deny license and continue enforcement of the competency
requirement.
ATTACHMENT A
October 5, 1990
City of Falcon Heights
City Council
2077 Larpenteur Ave. W.
Falcon Heights, MN 55113
RE: MECHANICAL CONTRACTOR'S LICENSE
To Whom It May Concern:
Although I do not have a City of St. Paul license certifi-
cate, I have retained the services of Robert C. Simon, myfather-in-law, a former employee of Northern States Power
Gas Division, who was instrumental in the writing of the
Northern States Power Gas Service Manuel. This can be con-
firmed easily through Northern States Power Gas Division.
I feel my knowledge and licenses held,plus his knowledge,qualify my firm for a mechanical license.
I feel our combined knowledge and experience greatly ex-
ceeds standards of the industry in all areas.
Thank you for your consideration on this matter.
Sincerely, 7 7
Mel Collova
Collova HVAC
Member B.B.B.
Member Minnesota HVAC Assn.
Licensed in: South St. Paul, Maplewood, Little Canada,
Fridley, Shoreview, Vadnais Heights, Rose-
ville, City of Stillwater, and White Bear
Lake
ATTACHMB
APPLICATION FOR
MECHANICAL CONTRACTOR'S LICENSE
TO: City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, 1SN 55113
644-5050
FEE: $.3 5 .00
DATE COMPLETED : 10 / 5 / 9 0
LICENSE EXPIRES: 12/31/199C
NAME: Carmelo -F. Collova
H011E ADDRESS: 3064 Labore Rd. Little Canada, MN 55109
FIRM NAME: Collova HVAC
BUSINESS ADDRESS : S am e
TELEPHONE, BUSINESS :612 - 4 8 4- 5 6 6 8 RESIDENCE : 612 - 4 81-19 6 7
SATURDAY: s a m e OTHER DAYS AFTER 4: 30 P. M$ a m e
CITY OF ST. PAUL C OF C NU1?BER:
CITY OF ST. PAUL LICEA~SE CERTIFICATE NUMBER:
y
LIST YOUR EXPERIEIVCE:8 yrs. in heating, 26 yrs. air conditioning
7 yrs. sheet metal fabrication and installation 2 yrs dust
collectors.
ITE19S REQUIRED FOP. LICENSURE:
Insurance Minimum of $300,000/$500,000/$100,000TheCityofFalconHeightsshouldbenamed3s additional insured.)State of Minnesota Tax ID Form
State of Minnesota Worker's Compensation Form
Proof of insurance must be furnished with application and
must indicate 10 days notice before cancellation,
I swear that the above statements
are true t the best of my knowledge
and be of
y '
Signature
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
MEMORANDUM
DATE: October 16, 1990
TO: Jan
FROM: Shirley
The City of Falcon Heights has routinely required a St. Paulcertificateofcompetencyinordertoissueamechanicalcontractorlicense. Carmelo Collova, DBA Collova HVAC appliedforalicenseinFalconHeightsandwasinformedweneededhisSt. Paul certificate of competency number. The attached letterfromMr. Collova was received requesting that council considerissuingalicensewithouttheC. of C. Mr. Collova has informedusthatheneedsalicensetodosomeworkonacommercialbuildinginFalconHeights, which concerns Gene. City codeSection4-6.01, Subd 7 states that council may requireexaminationofapplicantsiftheydeemitnecessaryand mayacceptaC. of C. issued by St. Paul in lieu of such examination.St. Paul has a reciprocal agreement with Duluth and Minneapolis,so those are also acceptable.) Apparently, this was deemed
necessary by some past council and the requirement was placed onthelicenseapplication.
Ray Schaefer, City of St. Paul Licensing Division, provided thefollowinginformationregardingrequirementsforcertification:
1. Application for participation
2. Apprenticeship under a Master - a four year program3. Examination to become a Journeyman4. Next step is Master, if desired
Mr. Schaefer says anyone can apply and obtain the training as theStateofMinnesotamakesitveryeasytoapplyandbeacceptedforthistraining.
We have checked with several other suburban communities and findtheydonothavethisrequirement. Some larger communities havetheirownexaminingprogram. We also have checked thecommunitiesforwhichMr. Collova indicated he is licensed and
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
cm ~ PRINTED ON RECYCLED PAPER
Memo, Jan
10/16/90
Page 2
found this information correct, however, no information on hisfirm's performance was available. In fact, in Gene's contactswithothercontractorsandinspectors, he found that none werefamiliarwithMr. Collova or his work record. Both Gene and Ihavespentagooddealoftimeonthismatter. Checking eachapplicant's record would be very time consuming for the staff.With the C. of C., we have some assurance that the contractor iswelltrainedandcompetent.
Gene Pakoy states he is very uncomfortable with discontinuing thecertificationrequirementascontractorscouldfalsifyexperience, etc. He strongly recommends continuance of the
requirement. Most mechanical contractors do have firm memberswhoholdcertificatessowehavehadnoproblemswithcompliancewiththepresentrequirement.
SC/ds
Attachment
COnaenL
Policy X
ITE'i DESCRIPTION:
CITY OF TALCO:~ ~IGETS
YEQUEST YOR COUNCIL CONSIDi'~?,TION
UPDATE ON HAMLINE AVENUE PROJECT
SUB?fITTID BY: _ Terry Maurer, Maier Stewart & Associates
City Engineer
REVIES~D BY: Jan Wiessner
B~L.ANATION/SUl4~SARY (attach additional sheets as necessary):
l.genda ILam: F-7
S:rting DaL~: 10/24/90
Terry Maurer will be present to give an update on the Hamline
Avenue project. Included in the update will be a discussion of
Ramsey County's modified project timeline, the City of Roseville's
progress, the right of way acquisition progress, and the
expected impact of the pending CSAH standard changes.
ATTACHMENT:
A . Maurer correspondence, 10 / 16 / 9 0
B . Maurer correspondence , 10 / 18 / 9 0
ACTION ItEQIIESTED
v
ATTACHMENT A
October 16, 1990
File No: 330-016-53
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
RE: HAMLINE AVENUE PERMANENT AND TEMPORARY EASEMENTS
Dear Ms. Wiessner:
Maier Stewart and Associates, Inc., has contacted the property owners along
Hamline Avenue in Falcon Heights to have them sign the Temporary
Construction Easements and Permanent Easements. The following is a list of
each property owner by name and address and the status of their Easements.
Knott Enterprises, Inc. 1357 Larpenteur Ave. W
Signed Temporary Construction Easement
Property Owner had questions about Bus Stop shelter location, lighted,
etc., and the maintenance of the sidewalk.
It is not definite but City plans to shovel sidewalk because it is part
of pathway system. Bus shelter will be located in right-of-way aetweeri
sidewalk and curb line.
Lammers 1697 Hamline Avenue
Would like sidewalk to be relocated to miss 5" and 8" maple trees on
either side of his driveway.
The sidewalk relocation was agreed cN:.r by Maier Stev,ar~t and
Associates, Inc. arrd Ramsey County. The sidewalk will angle from
station 2 + 80 to 1 foot from property iii-le and follow property line
to approximately 50 feet from Larpenteur Avenue where it angles toward
the mid point of the Radius.
Property owner will sign when plans and temporary construction easement
show this change.
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE TWO
Brauson 1707 Hamline Avenue
Signed Temporary Construction Easement
Riley 1709 Hamline Avenue
Signed Temporary Construction Easement
Property owner had questions regarding the maintenance of the sidewalk
and liability for accidents that may occur on the sidewalk.
Hardy 1717 Hamline Avenue
Signed Temporary Construction Easement
Pinski 1723 Hamline Avenue
Signed Temporary Construction Easement
Kueppers 1727 Hamline Avenue
Signed Temporary Construction Easement
Kurha,ietz 1733 Hamline Avenue
Signed Temporary Construction Easement
Save hedge on property lines if possible.
Holin 1737 Hamline Avenue
Signed Temporary Construction Easement with the following conditions
that have been marked on plans.
1) Save concrete pillar and hedge at Northeast corner of lot.
2) Do not remove branches on 14" spruce tree without permission.
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE THREE
Wakefield 1749 Hamline Avenue
Signed Temporary Construction Easement
Machler 1757 Hamline Avenue
New Homeowners are Greg and Doris Machler
Office # 638-8275
Office # 782-4009
Recently closed on home.
Have not signed Temporary Construction Easement
Soukup 1763 Hamline Avenue
Signed Temporary Construction Easement.
Property owner requested that we reduce the slope of the driveway to
not be any greater than the existing slope and would like a separatedrivewayopeningfromtheneighborsat1771HamlineAvenue. Presently1763and1771HamlineAvenuesharethesamedrivewayatthestreet. We
reduced the slope on his driveway to match the existing slope and willwidenthedrivewayopeningatthestreet. It is not feasible to
separate the driveways because they are so close together.
Hennes 1771 Hamline Avenue
Signed Temporary Construction Easement
Changed driveway slope so that the Driveway will be flatter.
Mattson 1775 Hamline Avenue
Has not signed Temporary Construction Easement
Contacted property owner on June 7, 1990 and explained the street
construction project and temporary construction easement to
Mrs. Mattson.
Mrs. Mattson made an appointment and a meeting was set up with TerryMaurer, Mrs. Mattson and her two sons. Terry Maurer showed the
driveway cross section and re-explained the project and temporaryconstructioneasement.
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE FOUR
Met with Mrs. Mattson on October 2nd and she said she would not signtheTemporaryConstructionEasementandwouldwaitforCondemnationProceedings.
Contractor will not be allowed to work outside of right-of-way torestoredrivewayandlawn.
Westlund 1781 Hamline Avenue
Has not signed Temporary Construction Easement
Property owner is in the process of selling property becausegrandfatherdiedandsonisExecutorofwill. Mr. Robert Westlund cansigneasement.
McPartlin 1789 Hamline Avenue
Has not signed Temporary Construction Easement - can be contactedat649-0850.
I have not been able to contact Ms, McPartlin, but I sent her a letterdescribingtheprojectandTemporaryConstructionEasemenc. She calledback, but I have not been able to contact her since she called.
Hager 1797 Hamline Avenue
Has not signed Temporary Construction Easement
First contact was made on June 8, 1990. Property owner said they hadjustpurchasedthehouseandthethecompanydidnotinformthemofthependingassessment.
Property owner would like alternative to steep slope of driveway fromgaragetobackofsidewalkandwhatwillhappenifMapletreesaredamagedanddieduetoconstruction.
We looked at changing the location of the sidewalk. The revisedsidewalklocationschangedtheslopebutincreasesthechanceofbottomingoutthevehicle. We concluded that the best place for thesidewalkwaswhereitwasproposed.
Ramsey County would be responsible for Maple trees should they bedamaged, being they are outside of construction limits.
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE FIVE
I contacted Property owner again in October, 1990 and they were toldbytheirlawyernottosignanyEasementuntilthesuitwiththetitlecompanyiscompleted. I informed the property owner that thecontractorwillnotbeallowedtoworkoutsideoftheright-of-way.
Radefelt 1803 Hamline Avenue
Has not signed Temporary Construction Easement
The contact was made on June 8, 1990. The project and TemporaryConstructionEasementwasdiscussedwiththepropertyowner. ThepropertyownerwouldliketobecompensatedforlargeElmtreesthatwillberemoved. She does not use front yard, so property ownerdoesnotcarehowfrontyardisrestored.
She was contacted again and still refused to sign the TemporaryConstructionEasement.
Pothen 1807 Hamline Avenue
Contact was made on June 18, 1990 to describe Temporary ConstructionEasementandPermanentEasement.
Property owner would like to know where to move his hedge. We told himtomovehedgetotheproposedpropertylineandnottosignTemporaryConstructionEasementwhichwillnowprohibittheContractorfromdamaginghedgeormakingpropertyownermovethemagain.
This location should provide sufficient grade to the sidewalk.
Brockman 1811 Hamline Avenue
Contact was made in July, 1990 to describe Temporary ConstructionEasementandPermanentEasement.
Property owners feel that their land is worth more than the $600.00offeredbytheCityofFalconHeightsforthepermanentEasement.
Would not sign Temporary Construction Easement until a higher price isnegotiatedfortheirlandwiththeCity. They can be contacted at642-9618. When the permanent easement is signed, they will sign theTemporaryConstructionEasement.
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE SIX
Walter 1821 Hamline Avenue
Will sign Permanent Easement.
Signed Temporary Construction Easement
Brown 1827 Hamline Avenue
Contacted June 18, 1990, by Terry Maurer and Bill Westerberg
Property owner will sign Permanent Easement and Temporary ConstructionEasementatCityHall. They said, they were at City Hall the end ofJuneandnooneatCityHallknewaboutthePermanentandTemporaryConstructionEasement.
Brown 1835 Hamline Avenue
Contacted June 18, 1990
Recontacted October, 1990
Property owners signed Temporary Construction Easement
They would like to save hedge on both sides of their home, if possible.Can remove hedge if it will die after ditch is filled in or waterwillnotdraincorrectlybecauseofthehedgeslocation.
Pothen 1843 Hamline Avenue
Contacted June 18, 1990
Signed Temporary Construction Easement
Property owner feels that his property is worth more than the $600.00theCityofFalconHeightsisofferingwouldpreferabout $1,000.00Wediddiscusswiththepropertyownerthepossibilityofathree (3)foot Permanent Easement.
1849 _Hamline Avenue
Contacted June 18, 1990
Signed Temporary Construction Easement
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE SEVEN
The property owner will sign the Permanent Easement.
The name under the signature line is wrong. It should be Chinh MacinsteadofGiangTran. The property owner contacted their attorneyandtheattorneyrecommendedchatthepropertyownersignthePermanentEasement.
Nguyen 1871 Hamline Avenue
Signed Temporary Construction Easement
Hockbein 1877 Hamline Avenue
Signed Temporary Construction Easement
Property owner would like to widen driveway to approximately 20 feettoallowformoreoffstreetparking. The driveway opening can bewidenedtotwenty (20) feet but the property owner should verify withSusanHoyt-Taft (City Planner) how close to the property line a
driveway can be constructed.
Property owner could also like 15" Spruce tree removed. They believethatthestreetconstructionwilldamagethetreeanddiesoonafterconstructioniscomplete, leaving her responsible to remove it.
We have listed the 15" Spruce on our Clear and Grub Chart for removal.
Moser 1883 Hamline Avenue
Signed Temporary Construction Easement
Property owner would like Save or Protect to be labeled next to a 1"tree and 2" Maple on either side of his driveway on the plans. ThishasbeenincludedontheEasement.
Engelhart 1889 Hamline Avenue
Signed Temporary Construction Easement
CITY OF FALCON HEIGHTS
OCTOBER 16, 1990
PAGE EIGHT
Mazanec 1897 Hamline Avenue
Signed Temporary Construction Easement
Foley 1905 Hamline Avenue
Signed Temporary Construction Easement
Mei 1913 Hamline Avenue
Contacted on June 20, 1990 and explained Temporary ConstructionEasement.
We have made countless tries at contacting property owner again but havenotsucceeded.
The permanent easements are all necessary to construct the proposed pathway,therefore, any not acquired yet need to be acquired. Those property ownersnotsigningtemporaryeasementshavebeeninformedbyusthatmodificationstotheplans (i.e., steeper driveways and front yards) would be made toeliminatetheneedforthetemporaryeasement. We also indicated thetemporaryeasementswouldnotbepaidforbytheCitynorwouldcondemnationproceedingsbeused. We will continue to attempt to get the remainingtemporaryeasementssigned.
If you have any questions or require further information, please contact us.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
uu,~~ K.
William K. Westerberg
Staff Engineer
WKW/db
ATTACI~'IENT B
il~/i~rfi
October 18, 1990
File No: 330-016-10
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 Larpenteur Avenue West
Falcon Heights, MN 55113
RE: HAMLINE AVENUE
Dear Ms. Wiessner:
As directed by the City Council, I have met with Steve Gatlin of the City ofRosevilleandPaulKirkwallandWayneLeonardofRamseyCountyPublicWorksDepartmentregardingtheHamlineAvenueproject. As you are aware, thereareanumberofunansweredquestionsregardingtheproject. The followingisthesummaryoftheitemswediscussed,
1. The City of Roseville is required to hold another public hearing fortheprojectbecauseithasbeenoveroneyearsincetheypassedtheresolutionorderingtheimprovements. The date of that hearing isNovember12, 1990.
2. The proposed State Aid rule changes will be going through a publichearingprocess. The Office of State Aid is requesting the assignmentofanAdministrativeLawJudgeandtheestablishmentofahearingdatetocontinuetheprocess. It appears likely the process will requiresometimetocomplete.
3. Under the proposed new rules, a 52 foot wide roadway will support twolanescftraffic, a center turn lane and a parking lane on one side.Ramsey County is willing to proceed with the project as is and discussaddingaparkinglanebyforceaccountwhenthenewrulesareadopted.The discussion of adding a parking lane would include a large increaseinCitycostaccordingtotheCounty's cost participation policy. TheCityofRosevillestaffisinfavorofproceedingthiswayandwillsupportthisattheirupcomingpublichearing.
1959 SLOAN PLACE, ST PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
CITY OF FALCON HEIGHTS
OCTOBER 19, 1990
PAGE TWO
4. The County's proposed schedule for proceeding with the Hamline Avenueprojectisasfollows:
Final Plan Changes October 19, 1990
County Submittal to MnDOT October 26, 1990
Roseville Public Hearing November 12, 1990
Present Project to Ramsey County November 20, 1990PublicWorksCommittee
Present Project to County Board November 27, 1990
First Advertisement for Bids December 8, 1990
Open Bids December 26, 1990
Present Bids to Finance Committee February 12, 1991
and County Board for Award
5. This schedule will eliminate any need for the City of Falcon Heights toholdanotherpublichearingsincethebidswouldbeopenedandawarded
within one year of the City Council resolution ordering the project.
6. We will be meeting with Steve Gatlin separately to discuss several
items in the County's proposed agreement. The County will make
cost participation modifications based on our recommendations.
These items are for informational purposes only at this time. After the
Roseville public hearing and our discussion of the agreement with Steve
Gatlin, I will be prepared to make a recommendation to the City Council.
If you have any questions regarding this information, please call.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
Z~~f
Terry J. r, P.E.
TJM/km
Canaeni
policy X CITY 0'P YALCG~: ~ICHTS
1~EQUEST 80R COUNCIL CONSID£.~TIOII
ARe:sda ILe~: F°8
stiag Data;10/24/90
ITE': DESCRIPTI03i:
SCHEDULE PUBLIC INFORMATION MEETING FOR 1991 STREET
IMPROVEMENT PROJECT
SUSHZTTED BY: _ Jan Wiessner
Terry Maurer
REVIE~FED BY:
PLANATION/SUH!'.ARY (attach additional sheets as necessary):
We suggest the Council schedule a public information meeting after
the plans have been completed to give residents an opportunity to
look at the project plans and ask more questions. This is not a
required public hearing but an informal one. It could be scheduled
as part of a regular council meeting or at a separate time altogether.
ATTACHMENT:
A. Maurer correspondence dated October 18, 1990
ACTION REQIIES?ED: Schedule Public Information.Meeting
October 18, 1990
File No: 330-019-20
Ms. Jan Wiessner
Administrator
City of Falcon Heights
2077 W. Larpenteur Ave,
Falcon Heights, MN 55113
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
RE: 1991 STREET IMPROVEMENTS
Dear Ms. Wiessner:
As we discussed, there have been a number of citizen issues raised relativetotheproposed1991streetimprovementproject. Rather than continue toattempttodealwiththeseonaone-to-one basis, I would suggest theinclusionofapublicinformationalhearingintheprojectschedule. IwouldsuggestahearingsimilartotheHamlineAvenueprojectwherefullsizedplanswouldbeavailableandeitheraformalorinformalpresentationcouldbemade.
Perhaps the 28th of November would work for such a hearing. It could be heldeitherbeforeorduringtheregularCityCouncilmeetingthatevening. Atthattime, the plans would be nearly final but it would not be too late tomakechangespriortobiddingtheproject.
Please let me know your thoughts about this.
Sincerely,
MAIER STEWART AND ASSOCIATES, INC.
l%E!~L/~/~
Terry aurer, P.E.
TJM/db
1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Equal Opportunity Employer
ConaenL
Policy X
CITY OF ?ALCON ~ICHTS
QUEST YOR COUNCIL C027SIDi^~TIpN
Benda ILrm:~-A
Strtiag D$Lx.10/24/90
ITE?i DESCRIPTION:
pROPOSED RESOLUTION R-90-41 AUTHORIZING FALCON HEIGHTSTOJOINANENVIRONMENTALCITIESGROUP
SUB?fZTTED BY: Mayor Tom Baldwin
REVZEi~FED BY • Shirley Chenoweth
E~LANATION/SUl4~.ARY (attach :dditioaal sheets as necessary):
This cities environmental group resulted from informal discussionsattheLeagueofMinnesotaconferenceinDuluthlastsummer.Possible participation in the organization was presented at theOctober5, 1990 Solid Waste Commission meeting and that grouprespondedfavorably.
ATTACHMENTS:
a) Letter dated October 2, 1990 from St. Paul CouncilmemberBobLong (and enclosures)b) Proposed Resolution R-90-41
ACTION REQUESTED: Adoption of Resolution R-90-41, If adopted, discuss howthisneweffortwillbeimplemented (i.e. staff, council,commission assignments).
L~
ntilln
x
CiITY OF 15AINT PAUL
OFFICE OF THE CITY COUNCIL
B06 LONG
Cooncilmember
October 2, 1990
Dear :~, ~~~~
Enclosed are the minutes of the September 20 meeting of theEnvironmentalCitiesCoalition. The meeting was used to identifyandaddressissueswiththefourordinancesthatECOisplanningtoannouncesupportforinmid-November. Because some ECOmembershadexpressedconcernthattheircitieswouldnot bereadytomoveontheordinancesbymid-October, the date of theannouncementhasbeenpushedbackamonthtoallowcitystaffsmoretimetobecomeprepared. The ordinances are getting shapedupandwillbereadyintimeforthenewannouncementdate. WebelieveitisimportanttoannounceECO's plans in November sothatinterestedlegislatorscanhavetimetouseanyofourideasforstatewidelegislativeproposalspriortothis1991legislativesession.
The next meeting has been scheduled for Thursday, October 25 at4:00 at the Shoreview City Hall. I realize that many of you havebeenunabletoattendthepastmeetingsbutthatyouremaincommittedtotheworkECOisdoing. It is very important for ustoknowwhetheryourcitywillbeinvolvedinECObeforetheordinancesareannouncedinNovember. To do this, we need you todothefollowing:
1) Pass the sample resolution (enclosed) if you have notalreadydoneso. Please let me know if you have passedtheresolutionorareplanningtopassitsowemaybeginplanningtheofficialannouncementofwhichcitieshaveofficiallyjoinedECO.
2) Distribute materials to other city officials and stafftogettheirinputpriortoECO's announcement of planstoworkontheordinances.
3) Review with appropriate staff the draft ECOannouncement (enclosed).
4) Give your comments to my office before October 25 or attheOctober25ECOmeeting. Please forward yourstaff's comments on the ordinances and the announcementandletmeknowifyouwillbeattendingthenextmeeting.
If you have any other questions or comments, or if you are unsurethatyouwillbeunabletoparticipateinECO's plannedintroductionoftheordinances, please let me~~know.
e t- egards,
Bob o g
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-4473
sue. 4t-
Printed on loogo Recycled Paper
For additional information contact November 16, 1990
BOB CUDAHY _ 298-4473 , , A,.
fax 298-5030
PRESS RELEASE***PRESS RELEASE***PRESS RELEASE*****
MINNESOTA CITIES FORM ENVIRONMENTAL CITIES COALITION, ANNOUNCE
PLANS FOR LOCAL ENVIRONMENTAL INITIATIVES
City officials representing cities from around Minnesota
announced today that they have joined together to form an
environmental group called the Environmental Cities Coalition
ECO). ECO has been meeting together for the past several months
and plans to introduce a package of environmental initiatives in
the next few weeks. The package consists of four ordinances
concerning mandatory recycling, city procurement of recycled and
recyclable materials, a sales ban on dish washing detergents that
contain high levels of phosphorous, and a prohibition on the sale
and use of lawn fertilizers that contain high phosphorous levels.
The environmental package is the first step in what ECO members
describe as a local effort to deal with three core areas of
environmental protection: water quality, solid waste abatement,
and air quality. Although some of the ECO cities have already
adopted some of these ordinances and others may pass them in the
form of resolutions, ECO plans to have its legislative
initiatives in place in member cities in the next several months.
Following passage of these proposals, ECO plans to begin work on
other local environmental initiatives including local plans to
improve air quality and minimize global warming by reducing .
carbon dioxide (COZ) emissions through various transportation and
energy conservation policies.
ECO is made up of cities from around the state including
St. Paul, Minneapolis, Mankato, Duluth, Alexandria, Minnetonka,
Shoreview, Eagan, St. Louis Park, Golden Valley, Robbinsdale,
Falcon Heights, Maple Wood, Red Wing, Cottage Grove, Coon Rapids,
Shakopee, Crystal, North St. Paul, Arden Hills, Winona, and
Hastings. These cities have passed resolutions supporting the
work ECO is doing, although no city is required to participate in
every action the group takes. Members meet monthly to exchange
ideas and work to shape policy. In the future ECO plans to take
its local initiatives to the capitol to seek state wide
environmental protection legislation based on the cities
ordinances.
PRESS RELEASE***PRESS RELEASE***PRESS RELEASE*****
SAMPLE RESOLUTION
A RESOLUTION AUTIiORIZING SAINT PAUL
TO JOIN AN ENVIRONMENTAL CITIES GROUP
WHEREAS, the City of Saint Paul recognizes its leadership role
in protecting the environment of those people living and working
within the City; and
WHEREAS, the City has become frustrated with the length of time
it takes the federal and state governments to act on many
pressing environmental concerns; and
WHEREAS, the City recognizes that there is a need for
governmental bodies to act quickly on many of the environmental
problems facing them; and
WHEREAS, the City recognizes that local environmental
initiatives often have a more immediate impact on the environment
than those initiatives passed at higher levels of government; and
WHEREAS, the City;understands that there is a need by business,
other governmental bodies, and the public for uniform regulations
across the state; and
WHEREAS, the City believes that one way to obtain this type of
uniform regulation is to work closely with other cities in such a
way as to coordinate the environmental legislation passed in
these cities; and
WHEREAS, the City also believes that this type of inter-city
cooperation may act to stimulate state environmental legislation
dealing with the topics addressed by the cities and in a form
acceptable to the cities;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint
Paul authorizes the City to join an environmental cities group,
to participate in its decision making processes, and to share
information with other group members; and
BE IT FINALLY RESOLVED, that the City Council understands that,
although the decisions of the group are not binding to the~City,
the City has a commitment to participate actively in the
activities of the group to the fullest extent possible.
MINIITES
ENVIRONMENTAL CITIES COALITION
September 20, 1990
MEMBERS Karen Anderson, Councilmember, Minnetonka
PRESENT: ~ Joan Campbell, Councilmember, Minneapolis
Tom Egan, Mayor, Eagan
Bob Long, Councilmember, St. Paul
Dick Wedell, Mayor, Shoreview
OTHERS
PRESENT: Bob Cudahy, Policy Analyst, St. Paul
The meeting began at 4:20 in Conference Rooms A & B in Eagan City,
Hall. Minutes from the August 16, 1990 meeting were approved.
Bob Long opened the discussion by passing out a new version of
the dishwashing detergent ordinance. The only change in the
ordinance is a shift in the allowable level of phosphorous from
11~ to 6.7%. This change reflects the lowest level currently
found on store shelves. Long said that the impression he had
received from speaking with ECO members and representatives of
the St. Paul environmental community is that if the ECO cities
are going to push for regulations in this area, they should go
for the lowest standard possible. Dick Wedell pointed out that
phosphorous reduction is becoming an increasingly important
issue. One sign of this is a lawsuit that the MWCC is currently
involved with.
Karen Anderson opened discussion on the procurement ordinance by
stating that Minnetonka already has this type of procurement
policy and added that all cities within Hennepin County were
required to have similar policies in place by June 1, 1990. She
said that each city will have to take the route most appropriate
for its own situation. A city could pass an ordinance, a
resolution, or an administrative order as long as it works
towards solving the same problem. Minnetonka's procurement
policy is an administrative policy that was never passed by the
city council.
Joan Campell explained that Minneapolis has a policy as well, but
that some departments are not fully committed to it. During the
recent budgeting process the Mayor of Minneapolis had requested
that all departments show ways that their budgets could be cut by
4$. The city clerk's office responded that one of the easiest
ways for them to do that would be to stop using recycled,
recyclable paper. Long said that costs should begin going down
as more organizations begin using recycled, recyclable materials.
He also mentioned that cities may be able to participate in the
State's purchasing contract for recycled papex' to help reduce
costs.
Wedell said that Shoreview has no formal policy of this type, but
that he would not be surprised if the Shoreview staff was already
t
participating in this type of purchasing. Long said that he hasheardfromstaffthatrecycled, recyclable products may be too
expensive and that they may be unavailable on a consistent basis.
Egan said he had been told that there may be problems using these
types of materials in older equipment. Wedell responded that the
best way to handle this was to change the specs for new equipmentsothatanynewequipmentpurchasewouldbeabletouserecycled,recyclable materials.
Long explained that one of the problems with this type of policyisgettingeffecteddepartmentstocomply. In St. Paul there is
currently a resolution mandating the use of these types of
materials, but because very few people know about it and becauseitisveryvague, there is a low rate of compliance. Wedell
noted that one of the best ways to encourage cooperation is to
start at the top." If a recycling program is provided for cityoffices, then peer pressure begins to push departments to use
materials that can be collected in the program. This type of
effort must be pushed from within. Wedell also noted that one of
the big violators of this type of policy is the'MetropolitanCouncil. Long told people about the "glossy paper" letter he
sends to organizations that send him material on non-recyclable
paper. The letter thanks them for the information but requests
that any other material that is sent to his office be sent on
material that is recyclable. Long has received a number of
positive responses from organizations that were surprised that
anyone was interested in what. type of material their reports were
printed on. Some of these organizations are now looking into •
switching to using recyclable paper.
Egan told people that Eagan had passed a resolution two weeks
earlier and would now be able to participate at a greater level.
Long said that he thought that passage of a resolution served a
good purpose in allowing staff to spend their time on the efforts
of ECO, and said that a list of which cities had passed a
resolution of this nature would be sent out before the next
meeting.
Long then opened the discussion of mandatory source separation by
noting that a number of communities have already passed this type
of ordinance. He also said that many St. Paul businesses are
ready to begin as soon as St. Paul passes an ordinance provided
that they are given adequate time to put in an effective system
of collection. Wedell said that separate systems are needed for
residential and commercial recycling. Commercial recycling will
have its own problems as well as its own strong points. An
example of this is that commercial recycling programs will have a
much larger amount of computer printouts and other paper productsthanwillresidentialrecycling. Long explained that the
mandatory source separation law models the yard waste ban that is
already in place. It is already illegal to put yard waste in the
trash, and this law would make it illegal to put recyclable in
the trash as well.
Campell pointed out that Minneapolis already dictates how
recycling should be done, and they are getting an 80~ rate of
compliance. They are currently working to improve compliance
levels in multi-family units. Campell asked if an ordinance of
this nature would add anything to recycling efforts already going
on. Long responded that this ordinance would make it illegal to
place recyclables in the trash, and would thus add force of.l'aw
to recycling requirements. The ordinance would also bring the
commercial sector into the recycling program. By requiring that
all commercial properties get involved, the ordinance will create
a level playing field and will put no single business at a
disadvantage. The ordinance will also get commercial garbage
haulers involved.
Campell said that one of the areas of concern comes from multi-
family units where owners are unwilling to put a recycling
program into operation. Long said that the ordinance answers
this problem by making the property owner responsible. Because
many landlords have been .unwilling to participate in recycling
programs an ordinance of this nature has become necessary..
A general discussion about enforcement followed, with Anderson
pointing out that communities like hers that do not licence
haulers have trouble putting different solid waste initiatives
like volume-based pricing in place. Wedell suggested that one of
the most effective ways to get people to participate in any
recycling or solid waste program is to appeal to their sense of
community pride. He suggested the creation of a state-wide
program, similar to the Star City Frogram, could be created. It
could be called the Environmental City Program, and would be
given out to cities that have met minimum environmental
requirements. Egan and Wedell also mentioned "Cash for Trash"
programs. The need to keep programs flexible was mentioned by a
number of people.
Long then opened the discussion of the lawn fertilizer ordinance
by pointing out that Shoreview already has an ordinance in place,
and that the ordinance being considered by ECO is based onbyhis
ordinance. The ECO draft goes slightly further, however,
including language prohibiting the sale of fertilizers that do
not meet ordinance requirements. Wedell said that this type of
language was not needed in Shoreview because there were no retail
sales taking place in Shoreview.
Long then began discussing a number of changes that had been made
in the ordinance. Language concerning athletic fields and golf
courses is being explored. In meeting with industry
representatives, it has become apparent that higher one time use
and higher seasonal use may be needed for these types of
properties. The requirement for a fertilizer sample has also
been changed to requiring a fertilizer label. This was done to
ease the processing of licenses and because St. Paul staff and
staff from the Department of .Agriculture assured Long's staff
that very little fertilizer mixing was taking place any more.
Language requiring annual training has also been added. TheDepartment. of Agriculture has indicated that this training couldbeeasilydoneinconjunctionwiththeannualtrainingrequired •for licenced pesticide use. Long mentioned that at a pastmeetingMickDavisofMankatosuggestedthatECOshouldlook intousingzoninglawstodealwithpesticideuse. Long still thinksthisisagoodidea, but believes that we should leave this, for
now and take it up later.
Long then asked members if they wanted to attempt to work to
change the state law. ECO could work to require prior postingofspraying. Long said that his understanding was that PCA wouldbeopposedtoremovingthestatepreemptiononlocallaws
concerning pesticide, but that the PCA might be willing to
strengthen the state law. Wedell responded that it may be bettertoworkatthecitylevelnowbecauseoftheintensityof
lobbying at the state level. Long said he would be inclined to
wait until the next session before ECO began lobbying. Wedell
agreed, saying that it might be better to gain credibility bysucceedingatthecitylevelbeforemovingtothenextlevel.
Long pointed out an addition in language that would requireinformationonfertilizerusebedistributedatthepointof
sale. Johnson thought that this was a good idea, but wondered if
the language requiring such material to come from the UniversityofMinnesotaortheRamseyCountyExtensionOfficesmightbetoo
restrictive. She thought that the PCA might have valuable
information that could be distributed. Bob Cudahy explained that
the language limiting the source of the information was included
because there was a feeling that the information should come from
a source that has no interest in the amount or type of fertilizer
sold. Johnson then suggested language that would read "agencies
such as" so that the legislative intent was clear but there would
be more flexibility as to the source.
Long asked members if they were comfortable with having the dates
restricting application replaced with language restrictingapplicationontofrozenground. Cudahy said that the industryrepresentativeshehadmetwiththoughtthatthiswasagoodidea. There was a general consensus that the ordinance should
include specific dates because of the potential confusion over
what actually constitutes frozen ground.
Anderson said that her staff is having a hard time findinginformationprovingthatthereisactuallyarunoffproblem
caused by fertilizers. Wedell responded that his staff had
developed that information. If fertilizer is properly added in
appropriate quantities to the proper soil type there will be no
run off problem. The problems arise when application is not done
properly. The ordinance will act as a public education tool to
show more people how to properly apply fertilizers. Wedell said
that when Shoreview first began looking at its fertilizer
ordinance, educating staff was one of the biggest problems
because they did not have a background in fertilizer use. Wedell
felt that efforts of this nature challenge staff to try new
things.
The discussion then shifted back to dish washing detergents.
Johnson asked if dishes are less clean with less phosphorous.
Long said that the initial opinion of St. Paul's food inspectors
is that there should be no problem. Wedell stressed that this
must be verified before an ordinance is introduced. Long then
asked if someone could have their staff check out how other
states had handled public health concerns; Johnson volunteered
her staff.
Long asked how ECO should structure the announcement of the
ordinances. He felt that the October meeting should be used to
finalize arrangements and that the announcement should come
sometime in mid-November. This way the announcement would not
get attached to any of the election rhetoric. Anderson requested
that a draft of the announcement be sent out prior to the October
meeting so that cities could review it. Members felt that it was
important to use the term "regulation" instead of "ordinance" so
that each city had the flexibility it needed to handle the issues
in the manner best suited to their communities. It was agreed
that any announcement would not only discuss the ordinances being
looked at now but would also give some indication of where ECO is
going in the future.
The next ECO meeting will be at 4:00 p.m. Thursday, October 25 in
the Upper Level Conference Room in the Shoreview City Hall.
Directions will be sent out with the meeting agenda.
No. R-90-41
CITY OF FALCON HEIGHTS
C O U N C I L R E S O L U T I O N
Date October 24, 1990
A RESOLUTION AUTHORIZING FALCON HEIGHTS
TO JOIN AN ENVIRONMENTAL CITIES GROUP
WHEREAS, the City of Falcon Heights recognizes its leadership role
in protecting the environment of those people living and working within
the City; and
WHEREAS, the City has become frustrated with the length of time it
takes the federal and state governments to act on many pressing environ-
mental concerns; and
WHEREAS, the City recognizes that there is a need for governmental bodies
to act quickly on many of the environmental problems facing them; and
WHEREAS, the City recognizes that local environmental initiatives
often have a more immediate impact on the environment than those initiatives
passed at higher levels of government; and
WHEREAS, the City understands that there is a need by business, other
governmental bodies, and the public for uniform regulations across the
state, and
WHEREAS, the City believes that one way to obtain this type of uniform
regulation is to work closely with other cities in such a way as to coordinate
the environmental legislation passed in these cities; and
WHEREAS, the City also believes that this type of inter-city cooperation
may act to stimulate state environmental legislation dealing with the topics
addressed by the cities and in a form acceptable to the cities;
Moved by
YEAS Nays
BALDWIN
CIERNIA in Favor
GEHRZ
WALLIN Against
JACOBS
Adopted by Council October 24, 1990
Approved by
Mayor
October 24, 1990
Date
Attested by
City Clerk
October 24, 1990
Date
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Falcon Heights
authorizes the City to join an environmental cities group, to participate in
its decision making processes, and to share information with other group
members; and
BE IT FINALLY RESOLVED, that the City Council understands that, although
the decisions of the group are not binding to the City, the City has a
commitment to participate actively in the activities of the group to the
fullest extent possible.
Canaaat~_
Yolicy X
ITE.'i DESCRIPTION:
SUSTiZTTED BY : _
REVZES~FED BY:
CITY 0~' TALCO:ti SIGHTS
REQUEST YOR COUNCIL C0275ID£s~TION
SEWER BACKUPS AND SEWER STUB REPAIRS
Tom Kelly and Vince Wright
Jan Wiesner
PLANATION/SUt4iARY (attach additional sheets as neccssary):
genda ILem: F-10
5srtiag Datz:10 24 90
The current city code requires property owners to maintain the sewer
service from the main to the structure (see Attachment A). Following
Mr. DeMartino's request for reimbursement of sewer stub repair, some
questions arose regarding possible changes in the code. Staff was
asked to research typical sewer repair costs. Attachment D reports
on costs and recommends that present policy be continued:
ATTACHMENTS:
a) Copy of the present code
b) Copy of Minutes of August 23, 1972 explaining the rationale for
adoption of original Ordinance No. 121
c) LMC Loss Control quarterly information
d) Staff recommendation
ACTION ggQQESTED: Discuss City's sewer repair .policy
ATTACHMENT A
SEWER, GAS ~ ELECTRIC 4-1.08 to 4.10/2.01
discharges into the sewer system of the City, and such estimateshallbeusedinlieuofthemeteredvolumeofwaterfromprivatesourcestodeterminethesewerrentalchargesthereonandtherefor,provided further that no appeal may be made from such estimates bytheuserotherthanbyinstallationofameterasprovidedabove.
c. The council shall have the power to increase, decrease changetheamountandbasisofthesewerrentalchargeshereinestablishedasthesamemaybereasonablyrequired; and, with respect to anywasteunusualineithercharacteroramount, in addition to all
applicable charges hereunder, the council shall have the power toimposesuchsupplementalsewageratechargeassaidcouncilshalldetermineasreasonableandwarrantedonthebasisofallrelevantfactors.
subdivision 2. Sewer Rental Charge Statements Statements for sewerrentalchargesfortheprecedingquarterlyperiodshallbemailedtoeachcustomeronthe20thdayofDecember, March, June and September.Said statements shall be due and payable to the city treasurer on orbeforethelastdayofbusinessofJanuary, April, July and October.There shall be added to all statements not paid by that time a penaltychargeof10percentofanyunpaidbalance.
Subdivision 3. Collection of Charges. Any amounts due hereunder for
a: gee may be collected in an action brought for that purpose inthenameoftheCity; or the clerk may certify to the county auditor theamountsdueforsewercharges, including penalty, together with thelegaldescriptionofthepremisesservedandthecountyauditorshallthereuponentersuchamountwiththetaxlevyonsaidpremisescollectiblewiththetaxesforthenextensuingyear.
4-1 09 Maintenance of Individual Connections
It shall be the responsibility of the owner or occupant to maintain the
sewer service from the main sewer into the house or building.
4-1.10 Penalties
Any person guilty of violating any provision of Part 1 of Chapter 4shallbeguiltyofamisdemeanor.
PART 2. HOUSE SEWER CONNECTIONS
4-2.01 General
The plumbing inspector shall supervise all house sewer connections made
4
ATTACHMENT B
Sanitary Selaer Clerk-Administrator Barnes reported that he made a study of~
Maintenance Costs: surroundir~ communities as to policy of sanitary sewer
maintenance costs. -~It. was -.revealed tthat ~alcon•"~Height~s "s
Sewer Service i~otion trl Councilman Stone, seconded by Councilman Ecklur_d,
Cost Nla.intenance - for adoption of Ordinance No. 121 to amend Ordinance No. I~6
Ordinance No. 121: to read as follows: '
Oi~DINANCE N0. 121
IT SHALL BE THE RESPONSIBILITY OF THE OtivN-~~.
OR OCCUPANT TO MAINTAIN TI-L~; SEir3ER FROri THE .
PZA~i SE[al;R TO THE HOUSE OR BUILDING
AYES; 1.layor Warkentietl, Councilmen Black, Stone, Ecklund,
Councilwoman Stocker. NAY: None. P4otion carried.
iOfficial Publication ~
ORDINANCE NO. 1:1
AN ORDINANCE AMENDING ORDI-
NANCE NO. 16. ENTITLED "AN ORDF
NANCE REGULATING THE OPERA-
TION OF THE MUNICIPAL SANITARY
SEWER SYSTEM REQUIRING
CONNECTIONS TO BE MADE TO THE
MUNICIPAL SANITARY SEWER SYS
TEM ESTABLISHOVG REGULATIONS
AS TO TYPES AND KINDS OF WASTES
THAT MAY BE DISPOSED OF BY THE
USE OF THE MUNICIPAL SANITARY
SEWER SYSTEM PROHIBl7'ING THE
DISCHARGE OF ANY TYPE OR KIND
OF SURFACE WATERS INTO THE
MUNICIPAL SANftARY SEWER SYS
7EM AND PRESCRIBING RATES AND
CHARGES FOR DISPOSAL SERV-
ICES." AS AMENDED BY ORDINANCE
NO. td, ORDINANCE N0. Sd. ORDI-
NANCE NO. 6t, ORDINANCE N0. 1Q,
ORDINANCE NO. 1l0 AND ORDI-
NANCE N0.113.
The Village Council d Ne Village d
falcon Heights does ordain asfollows:
SECTION l
The Ordinantt No. 16 entitled "M Orai-
nantt Regulating the Operation d the
Mutticipvl Sanitary Sewer System Requir-
ing Connections to be Made to the Muniri•
pal Sanitary Sewer System Establishing
Regulations as to Types and Kinds d
Wastes That May be Disposed d by Ne
Use d the Municipal Sanitary Sewer Sys-
tem Prohibiting the Aiscturge d any
Type d Kind of Surfatt Waters into the
Munietpal Sanitary Sewer Syslern and
PreseriDing Rates and Charges for Dis-
posal Sernces." as Amended by Ordi-
tuntt No. 49, Ordinance No. 59, Ordi-
tuntt No. m. Ordinance No. /Q. Ordi-
natttt No. 110 and Ordinance No. 113 is
hereby amended by adding a new Section
9 as tollowa:
SeedM f. Mainternce d Idivii-
at Cesti,eetiau. Itstall be the respoo-
sibility d the owner ar ottvpant to
maintain the sewer service trap the
main sewer into the house or build-
sEby renumbering Sections 9 and 10 to
Sections 10 and 1/, respectively.
SECTION 2
This orainantt sball be in full forceand
effect from and after ifs adoption and
publiptbn.
Passed by the Village Council Nis 10th
day of August. 1972.
w[LLLS WARKENTIEN
Mayor
Attest:
DEWAN B. BARNES
Clerk-Administrator
iAug. 23.1972t-RLEI.20C
ATTACHMENT C
LOSS CONTROL
I QUARTERLY League of ~Tinnesota Cities
Spring 1990 A publication of the League of l~liruiesota Cities Insurance Trust No. 8
1Vdore on sewer back-ups
by Peter Tritz, LI~ICIT Administrator
The January, 1990 Loss Contro
Quarterly contained an article discuss
ing the factors that determine whethe
or not a city is liable for damages
caused by a sewer back-up. The city is
liable only if the city's negligence
caused the sewer back-up. But many
homeowners' insurance policies don't
cover damages caused by setiver back-
ups. Vvhen the back-up wasn't a result
of city negligence, the homeowner
might have to cover the damage from
his own pocket. By shopping around
with di>lerent compa.-ues and/or agents,
the homeowner may be able to and a
policy that :will protect ag~._inst this risk.
Some cities have considered adopt-
ing apolicy of paving for all damages
caused by sewer back-ups, whether
caused by the city's negligence or not.
The city probably has the legal power
to adopt this kind of policy. You'd do it
by making it part of the contrac*.
between the city and the sewer user.
That is, you'd specify in the sewer
ordinance that in return for paying the
oecified fee, the property owner
would receive ttivo things: sewer ser-
vice and reimbursement for damagesresultingfromsewerback-ups. -The
city couldn't legally make the payments
unl;:ss the city had contractually
assumed a duty to do so; to make
payments that are not owed .either
contractually or in tort is to make a gift
f public funds.
V4'hiie the city probably has the legal
authority to adopt a policy of reimburs-
ing property owners for all sewer back-
up damages, city officials should care-
fully consider the financial implications.
There are several points to keep in
mind before committing the city con-
tractually to pay for sewer back-up
damages.
1. The city would have to pay these
1 reimbursements from its own funds.
The LI~ICIT liability coverage cov-
r ers onl}- the damages for which the
city is liable in tort. It does not
cover payments that the city com-
mits itself by contract to make to
another pam-. (LJICIT does cover
contractually assumed tort liability,
but that's a diner ent issue. That
coverage protects the city when the
city assumes another party's tort
liability to a third party-in an
indemnification clause in a contract,
fer e~:ample.)
2. It is a potencaiI}- uniunited financial
risk to the cft<-. tfihiie the city could
limit the amount it will reimburse
each homeo«~er, there's no way to
limit the number of homeowners
that could be entitled to reimburse-
ment. Imagine an etceptionally
heavy storm that not on}v floods the
sewers with iniiitrated stormwater
but also knocks out power to sewer
lift stations: It's not hard to imagine
a couple of hundred homes with
X5,000 or $10,000 of damages
apiece.
3. The city would 'nave to develop a
system for evaluating ho~v much is
owed each property owmer. The
city would face the potential for
disputes about the actual value of
the homeowner's damaged prop-
erty. While a reimbursement policy
might avoid some conflicts with citi-
zens, it might create some others.
4. Some homeowners' insurance poli-
cies cover sewer back-up damage.
In those cases, the city would have
to reimburse the homeowner's
insurer if the insurer paid the claim.
5. A reimbursement policy would cre-
ate a conflict berireen the city and
L.hICIT. L\ICIT ~yould pay sewer
back-up damage if the city was neg-
Special city events
ligent, but the city would pay if
something other than city negli-
gence had caused the back-up.
Thus, it would be to the city's
advantage to have been negligent.LivICIT might iind it difficult to get
the information needed to defend a
See "Seu-er bac~-ups, " pale 27
t
by Patricia Deshler, LiVICIT
With summer just around the corner,
cities wfll no doubt have many acti~zties
or special events taking place. 4~'hen
considering liabt~'ty coverage for these
occasions, you can refer to Peter Tritz'
article in the June 1989 edition of l~lin-
nesota Cities entitled, "Special Events:
Does your city have Lability cover-
age?" This article includes what events
are covered, who is covered, and sug-
gestions on what the city can do about
these issues. If you have further
questions, please contact L1~ICIT for
information. If you would Iil:e copies of
this article, call Patricia Deshler at
6I2-227-5600.
Have a safe and enjoyable summer.
April X990 ~~
Less Control Quarterly
Sewer back-ups, continued
negligence claim because much of
that information would 'nave to come
from city officials-and it would be
to the city's disadvantage to provide
it. To minimise these problems,
LMCIT would probably have to put
a substantial deductible on the city's
liability coverage for sewer back-up
claims.
If the city is going to pay off anyway
even when the employees have been
doing a good job of maintaining the
sewers, the employees quite rea-
sonably might conclude that it
doesn't really matter if they do a
good job or not.
No city official enjoys having to say
to a citizen, "The city's not responsi-
ble for your damages because the
sewer back-up wasn't caused by city
negligence. We're sorry- but you're on
your own." But paying for all sewer
back-up damages regardless of fault
isn't necesszrily the best way for the
city to address that problem. It's a
substantial financial risk to the city, and
while it might eliminate some conflicts
with citizens, it could create other
problems.
A better solution is to try to provide
the citizens with the information they
need in order to protect themselves.
Property owners need to understand
1) that the city is not always legally
responsible for damages caused by
sewer. back-ups; and 2) that protection
against these kinds of damages is avail-
able from some, but not all, companies
selling homeowners' insurance.
If more homeowners l~iow that they
might need this coverage and ask their
insurance agents and companies for it,
perhaps more insurance companies will
respond to the demand. The risk to the
homeowner of damage from a sewer
back-up is, after all, a property risk.
There seems no convincing reason for
homeowners' insurers to exclude this
risk or treat it any differently from any
of the other risks to the homeowner's
property.
Some states, in fact, require home-
owners' insurers to include or at least
offer this coverage. Companies that
offer it in Minnesota often charge very
little or no additional premium for the
coverage. It seems preferable to try to
encourage more insurers to offer
homeowners better property insurance
rather than the city itself getting into
the business of insuring the home-
owner against one particular kind of
property risk.
Cities are welcome to distribute cop-
ies of the article from the January Loss
Control Quarterly to citizens to help
inform them about this issue. If you'd
like copies of that article to distribute,
contact Kristi Haselrriari, LMCIT, 183
University Ave. E., St. Paul, MN
55101;612-227-5600.
Park Rapids implements
new seat in police cars
Page 3
Loss Control
Workshops
Scheduled
LMCIT is gearing up for its safety
and loss control workshops again this
spring. This year the all-day adminis-
trative track will feature:
conciliation court
dog and animal control
festivals and special events
injury management and dealing with
the injured employee
hiring and firing
ergonomics
sick building syndrome
The half day public works track will
feature:
common employee hazards
wastewater treatment plants
A nl 25 Grand Rapids
by David Volden, • underground storage tanks
Chief of Police, Park Rapids • snowplowing
In 1987 after becoming concerned The half day recreation track will
about the number of complaints and, in feature:
some cases, the loss of time from work • liability for groups using city-owned
from aggravated back problems, law facilities
enforcement ofncials began looking at • trig a~-id certincation of volunteer
the seating available in squad cars. coaches
Qennifer L. Kelsey, Ph.D., in the • skateboards
American Medical Association Book of • ballfield issues
Back Care stated that people who The half day firefighter track will
spend half or more of their job time feature:
driving a motor vehicle are up to five • safety considerations for firefighters
times more likely to herniate a disc • fire department fundraisers
than other people.) It became apparent • controlled burns
that the car manufacturers demon- • racing to the fire
strafed very little concern over proper • ~g and firing of firefighters
seating in squad cars as the seats would Workshops will run from 8:30 a.m.
break down in a very short time. to 3:30 .p.m. at the following locations:
I found at that time the State Patrol APB 18 Shakopee
was e~'perimenting with two Recazo P Austin
police seats. Recaro had been manufac- May 2
St. Cloud
taring seats for race cars. They have May 11
St. Paul
branched out to manufacturing seats May 31
Thief River Fars,for trucks, specialty seats, and now June 6
special seats for law enforcement. If you haven't received your regis-
The seats are constructed with steel tration information or if you have ques-
and high density foam that will not bons, call Brenda Piatz at LMCIT, 612-
break down. The seat is designed to 227-5600.
be moved from squad car to squad caz.
The seat our department is using ha:
been re-upholstered once and show:
no sign of breaking down.
Response from patrol officers ha:
been favorable. They feel they havt
had fewer back problems since wE
added the seat. The cost of the seat is
approxitnately X600.
27
a.. •~ ,Dort
sC~.~e~' b~.~C~l~ S'
Ellen A. Longfellow, I.i'YICIT Staff Attorney
Someone calls the city and says that
he has sewage in his basement. He
wants the mess cleaned up and thinks
that the city is responsble. He also
wants the city to do something to
guarantee that it won't happen again.
What should the city do?
This is a common problem that
occurs in Minnesota cities. The League
of Minnesota Cities Insurance Trust
has received numerous claims against
cities for damages from sewer backups.
Cities can do several things to avoid
the legal liability for such ocatrrences
and to reduce the chances of sewer
backups happening.
After the city receives notice of a
sewer backup, it should make a record
of the incident noting the time and
problem. The city should then investi-
gate to see if there is an irn.-nediate
problem u: its sewer lines or s ~ stem
that can be cor. ected to stop the
bachmp. It is imporant to respond as
quickly as possible in order to avoid
alter finding that the city was negligent
in not responding within a reasonable
time.
The city must also report the clauns
to its insurance company or self-insur-
ance pool as .soon as possiole. The
claims investigators need to investigate
claims as close as possiole to the date
of the incident in order to find wit-
nesses and facts. City officials and
employees should be careful as to what
they say to the person making L'~e
complaint. Anything that an employee
of official of the city says may be used
later against the city. They can e:tpress
sympathy but should avoid admitting
liability of the city or promising that the
city will pay for the damages. An
adjuster will investigate and make a
determination as to whether the city
should be responsible for the claim.
There are various causes of the
sewer backups. The problem may
involve a blockage in the city's line or
in the property owner's line. If it is in
the property owner's line generally,
the city would not be responsible.
However, this depends on what the
city's ordinance states in regard to
denning the aty and property owner's
responsibilities for maintenance and
repair. If the city's policy is to only
maintain the city's sewer main, the
city's sewer ordinance should define
what constitutes the city's sewer main.
V4e have recently had a case where the
focus was whe*_her the connection of
the private line to the main was part of
the main.
For blockages or problems in the
city's Lines, the city would generally be
responsible for removing the block.
Removing the block does not mean that
the city was necessarily legally negli-
gent in the cause of the blockage. In
some situations, the blockage may be
the result of something that was put
into the line by other users of the
system. Common occurences, for
example, are grease from res~urants
or household substances such as dia-
pers. Generally, cities have orainances
prohibi~ing the discharge of many such
substances into its sewer systems. If
the city knows who discharged the
substance, there may be a basis to
have that person to pay for the
damages.
The general legal analysis in Minne-
sota to determine who is responsmle
for the sewer backup damages uses a
A St. Paul Ciry Sewer Maintenance worker makes repairs on an old portion of
storm sewer in downtown St. Paul.
negligence standard. The claimant must
prove:
1. That there was a defect in the city's
sewer Iine-
2. That the city had notice, actual or
constructive, of that defect;
3. That the city faded to correct the
defect within a reasonable time alter
receiving notice of it; and
4. That such failure was the cause of
the damages.
To avoid being held liable far dam-
ages, the city should develop a regular
inspection and maintenance program
for its sewer system. This could
involve regular inspection of manholes,
cleaning lines with a fetter or rodder,
or televising the lines. What methods
the city uses may depead on the avail-
able financial and personnel resources.
The city should document any such
limitations.
There also is no definite requirement
as to how often a city should inspect
and maintain its system. The city
should be able to argue that its mainte-
nance shows "reasonable care." The
city should keep records of all of its
inspection and maintenance activities,
winch would include dates, names of
the employees involvEd, lor~tion, and
what the employees did. If employees
Mnnesota Cities
discover problems, the city should cor-nary rainfalls." However, ~ if the cause - what department administers the
rect them immediately or document of the backup is an extraordinary rain=munity Development Block Grant
why it is unable to correct them.fall, the dty may not be legally liable.gram and the State Economic Rer
Other factors that may contnbute to The city may want to monitor rainfalls Program.
sewer backups are infiltration of storm because official weather records may The 198? legislature created a new
water from homeowners drainage sys-record rainfall at selected locations entity, the Minnesota Public Facflities
terns, or leaks in the lines that allow which occur far from the city.Authority. The authority wtll set up a
storm water to enter the sewer sys-Proper construction and maintenance revolving fund to issue grants and loans
tem. These factors could result in of sewer lift stations are also important.to aties, to implement the 1987 Fed-
backups during heavy rainfalls. To The city should regularly inspect eral Clean Water Act. For information
avoid future backups related to such pumps and keep records of those about the grant programs contact
problems, the city could pass an ordi-inspections. The city should also have Sharon Meyer, PCA, (612) 296-874-'l;
Hance stating that it is illegal to hook some kind of warning system if the Dave Mocol, Minnesota Public Faciii-
up storm sewer sources to the sanitary pumps malfunction.ties Authority, (612) 297-1170; Michael
sewer system. To enforce such an If sewer pipes or lift stations need Auger, State Economic Recovery Pro-
ordinance, the city could publish a repai*, the -city will have to determine gram, (612) 296-2x94; and Lou Jam-
notice in the newspaper informing peo-ways to finance such repairs. Grants bais, Community Development Block
ple of the restriction. If the published may be available from the Federal Grant Program, (612) 297-317 2.
notice doesn't take care of the prob-Wastewater Treatment Facflities Pro-If a city cannot get grants to repair
lem, the city could have employees gram or the Independent State Grants their sewer systems, it may have to
inspect houses to see if there are legal Program which the Minnesota Pollution rely upon other methods of financing
connections. Televising the lines may Control Agency (PCA) administers.improvements, such as assessments,
also help to detect unlawful connec-Generally, those grants are for waste-general obligation and improvement
tions. Rainfalls may also show where water treatment plants, and not sewer bonds, and sewer rates. But remem-
there are problems with the sewer lines, according to Sharon Meyer,ber, a city can do many things regard-
lines.PCA. She said on rare occasions, how-ing inspection and maintenance of the
Even with eliminating stormwater ever, PCA would give a grant to a sewer system that do not require a
connections, the city may not be able collection system rather than a plant, if great deal of money. The city should
to alleviate all of the storm water it is less costly to fund the collection be able to show that it made good f~infiltration. In many situations the system.efforts to maintain its system and
sewer system can handle normal sew-Grants are also available through the it used "reasonable care." ^
age flow and normal rainfall. But, it State Department of Trade and Eco-
may not be able to handle "e:ttraordi-nomic Development (formerly DEED).
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ATTACHMENT D
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
MEMORANDUM
DATE: October 9, 1990
TO: Jan Wiessner
FROM: Tom Kelly
Vince Wright
RE: Sewer Backups and Sewer Stub Problems
Vince called some contractors to come up with some costs of sewer
stub repairs. The cost can vary between $800 to $3,000. If justdiggingupdirt, it would cost $800; if digging up tar, it would
cost between $1,000 to $1,500; and for digging up cement, the
cost would be $2,700 to $3,000. If the ground is frozen, there
is a $55.00/hour rate, and it would take about 7 to 8 hours to
dig it up. All the costs are on lines buried 8 to 10 feet deep.
To clean out a sewer line, the average cost is $94.00 ($47.00/hr.for 2 hours) for a line 100 ft. long.
Vince recalls four lines breaking so far this year. Three were
by the stub, the other one was by the house. Vince feels that in
an average year, the city has three to four line breaks and that
most breaks occur at or near the stub. To build this into the
residential sewer rate, the cost would be approximately $1.96 perhouse (1,148 homes, 3 breaks/year at $3,000). This does not
include commercial or multi-unit housing. It also does not leave
any funds for basement cleanup for sewer backup.
Staff recommends no change in our ordinances for sewer repairs.The reasons for not changing are many, but some are:
1. When a break happens, it is hard to determine where it takes
place.
2. The city would need to have someone on the job site when
work is being done to try to determine where it broke.
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
PRINTED ON RECYCLED PAPERcrrr ~
Memo
10/9/90
page 2
3. Other problems as noted in LMC Loss Control Quarterly.
4. No other metropolitan city provides this service.
5. Vince states that during the years residents have asked if
they are responsible for this type of repair or if the citywouldreimbursethemforthecost. Upon being informed of
the code requirement, the residents accepted responsibilitywithnoresultingproblems.
TK:VW/ds