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HomeMy WebLinkAboutCCAgenda_89Dec13i• REGULAR CITY COUNCIL MEETING CITY OF FALCON HEIGHTS AGENDA DECEMBER 13, 1989 A. CALL TO ORDER: 7:00 P.M. B. ROLL CALL: CIERNIA BALDWIN CHENOWETH BUSH WALLIN WIESSNER S. CHENOWETH ATTORNEY ENGINEER C. APPROVAL OF MINUTES OF NOVEMBER 29, 1989 D. PUBLIC HEARING: 7:30 P.M. 1. Vacation of Extension of Folwell Ave. E. CONSENT AGENDA 1. Disbursements a. Disbursements through 12/13/89, $33,387.18b. Payroll, 11/16/89-11/30/89, $9,476.872. Cancellation of Check X622900 3. Commission Minutes a. Park & Recreation Minutes of Nov. 13, 1989b. Planning Commission Minutes of Dec. 4, 19894. Review of a Conditional Use Permit for JJ's PoolandGameArcadeat1544W. Larpenteur Ave. in a B-2 Zone ACTION: F. REPORTS, REQUESTS AND RECOMMENDATIONS: 1. Preliminary Development Agreement - Professional Ventures,Incorporated (PVI) ACTION: 2. Authorization to Advertise for Public. WorksTruckBids 3/4 Ton. ACTION: i Page 2 December 13, 1989 Agenda F. REPORTS, REQUEST AND RECOMMENDATIONS: 3. Agreement with MNDOT for City's Share of SnellingAvenueProject ACTION: 4. Select Bond Approving Attorney ACTION: 5. Request to the Metropolitan Council for an Extension to Update our Comprehensive Municipal Plan to Conform to Metropolitan Council Policies ACTION: 6. Discussion of Section 5-1.01 of the Code - RegulationofCats ACTION: 7. Consider Cancelling the December 27th City Council Meeting ACTION: G. ANNOUNCEMENTS AND UPDATES H. ADJOURNMENT ACTION: MINUTES SPECIAL CITY COUNCIL MEETING . NOVEMBER 29, 1989 Acting Mayor Ciernia convened the meeting at 7:10 P.M. i PRESENT Bush, P. Chenoweth, Ciernia and Wallin. Also present wereWiessnerandS. Chenoweth ABSENT Baldwin 11/8/89 CANVASSING BOARD MINUTES APPROVED The Canvassing Board Minutes dated November 8, 1989 wereapprovedbyunanimousconsent. 11/8/89 CITY COUNCIL MINUTES APPROVED The Minutes of the November 8, 1989 regular Council Meeting wereapprovedbyunanimousconsent. CONSENT AGENDA APPROVED Council unanimously approved the following Consent Agenda: 1.Disbursements a. General Disbursements through 11/29/89, $65,671.43b. Payroll from 11/1/89-11/15/89, $10,040.122.Commission Minutes a. Parks and Recreation Minutes of October 9, 1989b. Solid Waste Minutes of November 1, 19893.Resignations from Parks and Recreation Commission a. Kirsten Eckberg, 1549 W. Hoytb. Robert D. Gehrz, 2285 Folwell 4.U. S. Olympic Festival '90 Torch Run 5.Agreement with Roseville Area Schools re: Falcon Heights School Playground 6.Licenses: #384, As You Like It Construction, and #388,AAA Plumbing by Newstrom POLICE CONTRACT WITH CITY OF ROSEVILLE APPROVED Wiessner explained that the final draft of the contract has onlyonesignificantchange, i.e., to guarantee a five year minimumcontractterm. Following a brief discussion, Wallin movedapprovalofthecontractforpoliceservicetobeginJanuary 1,1990, and authorizing Ciernia and Wiessner to sign the same.Motion carried unanimously. APPROVAL OF INCREASED VOTING HOURS FOR MUNICIPAL ELECTIONS Staff explained that there have been some complaints regardingtheinconvenienceofthepresent12:00 Noon to 8:00 P.M. votinghoursformunicipalelections, and recommended that the hours be MINUTES NOVEMBER 29, 1989 PAGE 2 changed to 7:00 A.M. to 8:00 P.M. Wallin then moved adoptionofResolutionR-89-25 which carried unanimously. RESOLUTION R-89-25 A RESOLUTION DESIGNATING VOTING HOURS FROM 7:OO A.M. to 8:00 P.M. FOR ALL MUNICIPAL ELECTIONS PROPOSED ORDINANCE RELATING TO REFUSE COLLECTION AND DISPOSAL Council and Staff reviwed and discussed the proposed document.Wallin indicated that he felt that adopting an ordinance requiring haulers to collect and dispose of yard waste would encourage residents to dispose of waste rather than leaving it on the lawn. This discussion was interrupted to open the publichearingscheduledfor7:30 P.M. 7;30 P.M. - PUBLIC HEARING ON PROPOSED 1990 BUDGET Ciernia opened the hearing at 7:30 P. M. and explained that theHearingNoticehadbeenpublishedintheSt. Paul Pioneer PressDispatchonNovember15, 1989. Wiessner and Accountant Kellyexplainedthenewtaxlawanditsimplicationsandreviewedthe proposed budget for 1990. MARK ASCERNO, 1871 TATUM, asked if the Local Government AiddistributionisatthewhimoftheLegislatureoriftheCityhasanycontrolinthematter. Ciernia replied that the Cityhasnocontroloverthefunds. Mr. Ascerno also asked how Lauderdale is charged for fire protection to which Wiessner replied that Lauderdale is charged under a formula based on assessed value, plus charges for preventative inspections and a per call charge for each fire call. STATE REPRESENTATIVE MARY JO MCGUIRE explained that the Legislature changed the tax law to shift aid from the cities totheschooldistrictsinanattempttomakelocalgovernments more accountable, and to provide funding for state mandates handed down to school districts. DAVE HALVORSON, 1840 PASCAL, commented on the fact that the Parks and Recreation budget had gone up 500 and asked what had been done to reduce taxes rather than increase them. Ciernia replied that a few years ago Council had looked at the park and recreation programs, felt they were not adequate, and chose tohireaparttimeParksandRecreationDirectortoorganize programs. They also implemented a more agressive parkmaintenanceprogramtoreducepossibleliability. Wiessner explained that changes in the budgeting system created anincreaseduetothefactthatstafftimeisnowallocated to each department, i.e., Public Works time spent in the parks nowshowsupintheParkBudget. MINUTES NOVEMBER 29, 1989 PAGE 3 1990 BUDGET ADOPTED There being no others wishing to be heard, Ciernia closed thePublicHearingat8:07 P.M. Wallin then moved adoption of the1990Budgetaspresented., Motion carried unanimously. DISCUSSION OF PROPOSED REFUSE ORDINANCE RESUMED Wallin felt it might be prudent to prohibit the disposal of yardwasterathernthanprovidingforcollection, and that everyoneshouldbeencouragedtoleavelawnclippingsonthelawnasitisbeneficial. Mark Ascerno, 1871 Tatum, agreed that lawnclippingsareagoodsourceofnutrientsforthelawn, but thatleavesandpruningscancreateproblemsinthattheyareslowtocompostandpruningscanharborrodents. S. Chenoweth explainedthattheSolidWasteCommissionisalsoconcerned, however, hasrecommendedprovidingforcollectionofyardwasteasashorttermsolution. Following the discussion, Wallin moved adoptionoftheproposedordinanceonthecontingencythatuse/disposalofyardwastessbeaddressedinthenearfuture. Motion carriedunanimously. ORDINANCE 0-89-17 AN ORDINANCE AMENDING SECTION 5-4.01 OF THE MUNICIPAL CODE RELATING TO COLLECTION AND DISPOSAL OF REFUSE AND YARD WASTE PRESENTATION BY STATE REPRESENTATIVE MARY JO MCGUIRE Representative McGuire reviewed items addressed at the speciallegislativesession, and presented an update on upcoming issuestobediscussedbytheLegislature. APPRROVAL OF PROPOSED ORDINANCE INCREASING INSURANCE REQUIREMENTS FOR LICENSING CONTRACTORS S. Chenoweth explained that Doug Holm, Loss Control ConsultantwithNorthStarRiskService, Inc., has recommended thatliaibilitylimitrequirementsforlicensingallcontractors beincreasedtobemoreinlinewiththeCity's liabilitycoverage. Bush moved adoption of Ordinance 0-89-18 increasingthelimitsasrecommended. Motion carried unanimously. ORDINANCE 0-89-18 AN ORDINANCE INCREASING INSURANCE REQUIREMENTSFORLICENSINGOFALLCONTRACTORS, AMENDING SECTIONS 5-14.02, 5-12.01, 5-12.02, 8-4.03, SUBD. 2(b), AND 4-6.01, SUBD. 5 OF THE MUNICIPAL CODE CITY TO PARTICIPATE IN ICE RINGETTE SPORTS PROGRAM Bush explained that the sport is a winter activity similar tohockeybutdesignedforgirls, and that the Minnesota AmateurSportsCommissionisofferingfreestart-up equipment kits. NOVEMBER 29, 1989 PAGE 4 Following a brief discussion, Bush moved that Falcon HeightsparticipateintheefforttoorganizetheIceRingettesport in our area. Motion carried unanimously. DISCUSSION - LEAGUE OF MINNESOTA CITIES' IMPOSITION OF INSTITUTIONAL FEE ON LMCIT Ciernia explained that the League of Minnesota Cities InsuranceTrustisaninsurancepoolwhichprovidesinsurancefor Minnesota cities and is an arm of the League of MinnesotaCities. Since the League provides services on behalf of theLMCITa1.5~ institutional fee is being charged to cover the cost of these services and several cities have expressedoppositiontothecharge. Carol Carlson, a member of the LeagueBoard, explained that she had voted for the charge to helpdefraycostsofspecialprojects, however, she was of theopinionthatsomeboardmembersmightbewillingtoreconsiderthematter. Wallin felt that there should be more direct accountability of cost rather than the generic percentage.Council agreed that there should be direct user cost relationships and objected to the present system. Carol CarlsonwillpresenttheCouncil's views to the League Board. PURCHASE OF NEW COPY MACHINE AUTHORIZED Kelly explained that purchase of the Konica 3290 is beingrecommendedduetothefactthatitisuserfriendly, the priceiscompetitive, and it will be serviced by our present servicedepartmentwithwhomwearesatisfied. Wallin moved authorization to purchase the Konica 3290 at a cost of $7,433 tobefundedfromproceedsoftheCapitalNoteswhicharetobeissuedinthenearfuture. Motion carried unanimously. ESTABLISHMENT OF A SPECIAL REVENUE FUND FOR POP MACHINE REVENUE Wiessner explained that a committee of city employees has recommended that either (1) the price of the pop be lowered toactualcost, or (2) keep the price high enough to generate asmallprofitandsetupanemployeefundwiththeproceeds.Following discussion at a staff meeting, the City staff agreedtorequestthatthepopmachinerevenuebeplacedinaspecialrevenuefundforthepurposeofemployeerecognition. CouncilunanimouslyagreedtotheestablishmentofaSpecialRevenueFundandauthorizationofexpendidturesfromthefundfor purposes such as: employee picnics, holiday parties, flowersforspecialoccasions, kitchen items, etc. ADJOURNMEMNT The meeting was adjourned at 9:17 P.M. ATTEST: Paul Ciernia, Acting Mayor Shirley Chenoweth, City Clerk Benda Ztem: D-1 CITY OF FALCOTI HEICSTS Meeting Date: 12/13/89 PUBLIC HEARING 7:30 P.M. ITEM DESCRIPTION: PUBLIC HEARING ON VACATION OF EXTENSION OF FOLWELL AVE. SUBMITTED BY: University of Minnesota RE9IEi~ED BY: ~ City Council Planning Commission Staff fl~LANATION/SUl~4ARY (attach additional sheets as necessary); At the November 8th Council meeting, Council agreed to the vacation of the Westerly 25 feet of the easement providing there is no cost to the City and scheduled the necessary Public Hearing. ATTACHMENTS; Copy of Minutes of November 8, 1989 a) Minutes of November 8, 1989 b) Proposed Resolution ACTIOT REQiTESTED: Adoption of a Resolution vacating the Westerly 25 feet of the Fo1we11 Ave. extension in Auditor's Subdivision ~~90. r Attachment (a) MINUTES NOVEMBER 8, 1989 PAGE 2 LIONS CLUB REQUEST TO USE CITY PARK FOR SALE OF CHRISTMAS TREES, CHRISTMAS TREE LICENSE #387 AND TEMPORARY SIGN PERMITS TO BE ISSUED UPON RECEIPT OF APPLICATIONS AND FEES Sam Jacobs, representing the Falcon Heights/Lauderdale Lions Club, requested that Council consider allowing the Club to install 50 steel posts and 500 feet of snow fence at the City Park as an enclosure for their annual Christmas Tree sales lot. He also requested permission to place a temporary warming shelter and satellite at the site. Following a brief discussion Wallin moved approval of the requests contingent upon receipt of the necessary license and sigiage documents. Motion carried unanimously. DISCUSSION OF UNIVERSITY'S INTENT TO SELL LEASE RIGHTS IN IN UNIVERSITY GROVE Baldwin explained that the University of Minnesota is considering the sale of the lease rights of the University Grove property to the homeowners in the neighborhood, and has inquired as to whether or not the City would be interested in purchasing the common areas. Wallin explained that the Planning Commission at their November 6th meeting, recommended the City not purchase the common areas. Council concurred and will not pursue purchase. CITY TO VACATE A PORTION OF EASEMENT ON EXTENSION OF FOLWELL AVE. PUBLIC HEARING SCHEDULED FOR 11/13/89, 7:30 P.M. Wiessner explained that the University has requested the City to vacate its easement on the extension of Folwell so the University may sell the additional land as a part of Lot C for a dwelling unit. Wallin explained that the Planning Commission felt the City should not give up more than 25 feet of the easement as it may be used for pedestrian access to the proposed walkway included in the City's Park Plan. Following the discussion, Council agreed to vacate the west 25 feet of the easement as long has there is no cost to the City. Council then scheduled a public hearing on the proposed vacation for 7:30 P.M., December 13, 1989. REQUEST FROM GARY AFFOLETER, 1892 HOLTON, FOR A PERMITTED ACCESSORY USE PERMIT TO CONSTRUCT A STORAGE BUILDING DEEMED UNNECESSARY Wallin explained that Mr. Affoleter had begun to construct a temporary lean-to on the side of his garage for boat storage, but has now decided to make it a permanent structure. The Planning Commission had a lengthy discussion as to whether or not ar_ Permitted Accesory Use Permit was necessary and by a 6 to 1 vote did recommend approval of the permit. Council also questioned whether an Accessory Use Permit was appropriate or if the structure was an addition to the garage which would only require a building permit. Mr. Affoleter informed Council he a .• R-89-26 A t t a c h m e n t ( b) No. CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date Mayor December 13, 1989 Date A RESOLUTION VACATING THE WESTERLY 25 FEET OF LOT D NORTH OF FOLWELL AVENUE AS CONSTRUCTED (AUDITOR'S SUBDIVISION #90, UNIVERSITY GROVE) WHEREAS, the City Council of Falcon Heights has been considering vacatingaportionoftheCityeasementontheextensionofFolwellAvenue, and WHEREAS, a public hearing was held on December 13, 1989, before the CityCouncilintheCityHallafterduepublishedandpostednoticehasbeengivenbytheClerkandallpersonsinterestedweregivenanopportunitytobeheard;and WHEREAS, it appears that it will be for the best interest to the City tovacatesuchland, and t~IHEREAS, four-fifths of all of the members of the Council concur in thisresolution, NOW, THEREFORE, BE IT RESOLVED, that the property described as follows isherebyvacated: Westerly 25 feet of Lot D, North of Folwell Avenue As Constructed (Auditor's Subdivision 90, University Grove) Moved by Approved by YEAS Nays BALDWIN CIERNIA in Favor CHENOWETH WALLZN Against BUSH Adopted by Council December 13, 1989 Attested by December 13, 1989 City Clerk December 13, 1989 Date Consent x icy CITY OF TALCON HEIGHTS tEQUES? TOR COUNCIL CONSIDERATION Agenda Item: E-1 M~ceting Date: 12 13/89 ITEM DESCRIPTION: DISBURSEMENTS SUBMITTED BY: Tom Kelly REVIEi~FED BY: EXPLANATION/SUlQSARY (attach additional sheets as necessary): a) General Disbursements through 12/13/89, $33,387.18 b) Payroll, 11/16/89-11/30/89, $9,476.87. 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The check was issued for two Conciliation Court fees. .One .defendant is now deceased and it is necessary to issue a check in the amount of $16.00 for one defendant only. ACTIOr REQDESTED: C~/ Consent n cy CITY OF TALCON SEIGHTS ltEQUES? TOR COUNCIL CONSIDIIUTION Agenda Item: E -3 Mceting Date•12/13/89 ITEM DESCRIPTION: COMMISSION MINUTES SUBMITTED BY:Park & Recreation Commission Planning Commission RFVIEf~ED BY: E~LANATION/SUM?lARY attach additional sheets as necessary): See Attached Minutes: a) Park & Recreation Minutes of November 13, 1989 b) Planning Commission Minutes of December 4, 1989 ACTION REQUESTED: r" November 14, 1989 Minutes of the Parks and Recreation Commission Meeting 7:00 P.M., Monday, November 13, 1989 Present: Linda McLoon, Connie Lasser, Jeff Johnson, Bob Gehrz, Lloyd Jacobson, Sr. Representative, Pat Bush, City Council Representative, Carol Kreigler, Park Director. Absent: Michael Smallpage, Jyneen Thatcher, Jean Suppes 1. Bob Gehrz Bob announced that he felt it was a source of potential conflict of interest for Sue,his wife, to be on the city council, and for him to be a representative on the body that makes recommendations to the city council. He therefore was resigning from the Parks and Rec. Commission. We all thanked him for his diligence and help during his years as a commission member. He will be missed. 2. Update on Parkland Pat gave an update on the status of the university-owned parkland in Falcon Heights. Tom and Jan went to the last Board of Regents meeting. They were able to change the listing of the land from "sale" to "sale or lease". Subsequent to this, Tom Baldwin, Jan Wiesner and Pat Bush went to see Gus Donhowe at the University. The final word is that the city can continue to lease the parklands for 20 years at the current lease arrangement of $1/year. In addition, if the University should decide to sell the land at some future date the University will amortize any improvements in the parks. Thus we could option to buy it and have the full value of any improvements made by the city taken from the purchase price. The Board of Regents must approve this at their next meeting, either late Jan. or early Feb. It was agreed that the bids for construction (and demolition) of the park building would go out when approval was made by the Regents. 3. Minnesota Beautiful Grant Carol talked to the granting agency representative, who told Carol that a formal extension needs to be made. She felt there would be no problem, since they understood the cause for the delay was beyond our control. The one requirement is that the building be completed in time to have a "celebration" in accordance with the grant requirements. 4. Ice Ringette Carol has been contacted by a state agency that is trying to promote Ice rngette, a form of ice hockey for girls and women played with straight sticks and a ring, instead of a puck. The state is willing to give us Ice Ringette equipment in exchange for promoting the sport. This can be in conjunction with the efforts of surrounding communities. We have organized with Roseville to offer lessons. Both cities will share promotion of the activity. The -. city needs to also support the efforts, but this includes ice preparation and maintenance, hockey board erection and maintenance, etc. The current plan is to offer two classes, one for 3,4 and 5th graders and a second for 6, 7 and 8th graders. An advertisement will go to the Roseville area schools. There is a contract, so it will need to go the the City Council for approval. The general consensus of the commission members was to go for it. Minutes 2 Minutes, 11/13/89 continued. 5. Breakfast with Santa The date on the calendars is December 9. Carol has arranged to have "The Flyers"perform, at a cost of $225. Santa is at no cost (a fireman!). Carol said that the Professorswantedtocharge $3.90 per breakfast. She felt we should keep the cost at $5, and wecouldn't do it at that price. Another option is McDonalds, who will furnish either hotcakesoraneggMcMuffin, juice and milk for about $2.00 each. One concern raised by Pat wastheproblemofstyrofoampackaging. We discussed the solid waste issue, and the generalconsensuswasthatitwasbettertohavethekidseatthebreakfastandatthesametimekeepthecostdown. Every other option, e.g. cooking ourselves, just getting eggs deliveredetc., all would entail plastic plates and plastic cups, etc. No one wanted to get into thebreakfastcateringbusinesseither. Carol said she would talk to McDonald's further.McDonald's will also provide toys for Santa to distribute. 6. Winter Programs Due to popular demand, Carol is going to offer some type of skating instruction, aswellastheRingetteclassesinconjunctionwithRosevilleParkandRec. Pat said that sheknewaschoolinSt. Paul offered ice skating classes and suggested Carol talk to them.Carol said that she would offer the same selection of classes as last winter. The flyer willgooutearlyJanuarytotheelementaryschools. 7. Other Business Pat said that the city would approve the 5 year Capitol Improvement Plan at thenextcitycouncilmeeting. In the 1990-1994 plan park improvements are 76% of the totalCapitolImprovementplan, at a total of $454,000, 7.4% is Public Works, 13% is Fire, 3%General (mostly things needed at city hall). Included in the plan was the need to raise money from donations and grants totaling $178,000 over 5 years. Pat also indicated that the time spent by the maintenance staff on park maintenancewasestimated. Vince and his co-worker each felt they spend about 30% of their time inparkmaintenance, and apart-time employee spends about 40% of his time doing parkmaintenance. 8. As there was no other business the meeting was adjourned at 8:30p.m. MINUTES REGULAR PLANNIING COMMISSION MEETING DECEMBER 4, 1989 Vice Chair Finegan called the meeting to order at 7:30 P.M. PRESENT Barry, Boche, Carroll, Daykin, Duncan, Finegan, Grittner and Nestingen.Also present was City Planner, Susan Hoyt Taff. ABSENT Black NOVEMBER 6, 1989 MINUTES APPROVED Boche moved, seconded by Nestingen, approval of the November 6, 1989 Planning Commission Minutes as presented. Motion carried unanimously. REVIEW OF A CONDITIONAL USE PERMIT FOR JJ'S POOL AND GAME ARCADE AT 1544 WEST LARPENTEUR IN A B-2 ZONE The Planning Commission reviewed the amended Conditional Use Permit and noted that no complaints were reported from the neighbors or to the Ramsey County Sheriff's Deputy to date. Mr. Jim Sacco representingJJ's reported that the business is running smoothly, and said that he might request a later closing time during times when there is a school holiday at some future date. There being no problems regardingtheoperationofthePoolandGameArcade, the Planning Commission recommended no further changes to the Conditional Use Permit REVIEW PROPOSED CHANGES TO CHAPTER 9 - CODE SECTIONS RELATED TO ACCESSORY STRUCTURES, 9-2.04, SUBDIVISION l b AND 9-2.04, SUBDIVISION i f Carroll moved, seconded by Barry, to make the following Code changes:1) 9-2.04 Accessory Buildings and Structures. Subdivision 1. General. b) An accessory building shall be considered as an integral partoftheprincipalbuildingifitislocatedlessthantwelve (12) feet from the principal building with respect to firewall and other requirements of the Building Code and this Code. 2) 9-2.04 Accessor Baildin s and Structures. Subdivision 1. General. (f No detached garages or other accessory buildings shall be located nearer to the front lot line than the principal building on that lot with the exception of an attached garage in an R-1 Zone. Motion carried unanimously. A public hearing will be scheduled for January 8, 1990. REPORT ON THE UPDATE OF THE CITY OF FALCON HEIGHTS' COMPREHENSIVE MUNICIPAL PLAN, REVISED 1980 Planner Susan Hoyt Taff advised that our Comprehensive Plan was last revised in 1980 and it would be useful to update the data, include the City's park plan, incorporate changes in the Metropolitan Systemswater, sewer, transportation) recommended by the Metropolitan Council and review the current land use policies. The update will be done thoughout 1990. The Planning Commission will be involved in reviewingvariousstagesofthePlan. The City Planner will research ways to staff the project. MINUTES REGULAR PLANNING COMMISSION MEETING DECEMBER 4, 1989 PAGE 2 REQUEST TO THE METROPOLITAN COUNCIL FOR AN EXTENSION TO UPDATE OURCOMPREHENSIVEMUNICIPALPLANTOCONFORMTOMETROPOLITANCOUNCIL'SPOLICIES. City Planner Susan Hoyt Taff advised that the Metropolitan CouncilrequiresthattheCity's Comprehensive Plan be updated to includechangesintheMetropolitanCouncil's Development Systems PoliciesbyJanuary, 1990. She suggested that the City Council request anextensionofthedeadlinesincetheCitywillbeupdatingitsComprehensivePlanduringthenextyear. Carroll moved, seconded by Barry, torecommendtheCityCouncilrequesttheMetropolitanCouncilforanextensiontoupdatetheCity's Comprehensive Plan by December 31,1990. Motion carried unanimously. COMMENDATION Barry moved, seconded by Daykin, to commend and thank Chairman DaveBlackandMemberDonCritterfortheirvaluableyearsofservicetothePlanningCommission. Motion carried unanimously. PROFESSIONAL VENTURES City Planner, Susan Hoyt Taff, requested to be on the agenda to present their proposal for and Snelling; and to request a with the City. The proposal m agenda for a variance. reported that Professional Ventures for the December 13, 1989 Council meetingaretail .center at the corner of LarpenteurPreliminaryDevelopmentAgreement ay be on the January Planning Commission Chairman Finegan declared the meeting adjourned at 8:00 P.M. Submitted by: Ratherine J. Zimmerman Approved: Edgar Finegan, Secretary Consent Agenda Item: E-4 icy CITY OF lALCON SEIGSTS 12/13/89MeetingDate: YEQUEST YOR COUNCIL CONSIDERATION ITEri DESCRIPTION: REVIEW OF A CONDITIONAL USE PERMIT FOR JJ'S POOL AND GAME ARCADE AT 1544 W. LARPENTEUR AVENUE IN A B-2 ZONE SUB?SITTED EY: Staff REVIEf~F£D BY: •Planning Commission Susan Hoyt-Taff PLANATION/SUIQSARY (attach additional sheets as necessary): The amended Conditional Use Permit granted to JJ's Pool and Game Arcade at 1544 West Larpenteur Avenue by the City Council on August 10, 1989 is scheduled for review by the Planning Commission and City Council this month. The Pool and Game Arcade is operating under the conditions detailed in Attach- ment A. To date, there have been no complaints reported from the neighbors or to the Ramsey County Sheriff's Deputy. The Planning Commission found no existing problems with the current operation. Any amendment to the current Conditional Use .Permit requires a Public Hearing. ACTIOr REQUESTHD: Review and discuss AGENDA ITEM E-12- aTTACAMENT A-2 4) No leas than present level of illumination in the rear parking lot will be provided. 5) No alcoholic beverages (including 3.2 beer or wine) oz controlled substances without a prescription shall be sold, possessed, or consumed on the premises of the gage room, the common areas within the building. or the parking areas. 6) The property owner will post on the exterior of the premises Aio Loitering" and will prevent any loitering in common areas within the building or in the parking areas and sidewalks adjacent to the building. 7) Any person rho has been convicted of a felony. controlled substance abuse, or gambling law violation within the past five years is prohibited from working as an attendant at the gale room. 8) 1be interior of the game room will be free of obstructions to visual supervision by attendants and will be adequately lighted. 9) Game room sianagement w311 take all Eeasoaable action to ezpel intoxicated persons and will allow no disorderly conduct on the premises, parking areas and adjacent sidewalks. 10) Adequate adult supervision will be provided until one half hour after closing io ensure that the health, safety and welfare and existing community standards of peace and quiet are maintained. At Council's discretion, additional supervisory and/or security personnel may be required. 11) First review period of this conditional use will be within three months after opening with annual reviews to follow on anniversary date of opening. Review will also be required upon a change in proprietorship or focus of the business. The purpose of reviews will be for addition of conditions to address any concerns created by the business. 12) All advertising, signage or 'promotion of the business will focus on attracting family oriented busiaESS. 13) At least fifty (SO) percent of the interior space will be designated as a "No Smokiag° area. ENDA ITEM E-1 A TACHMENT A-1pSR-89-18 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U 7 I 0 ll Date August 9, 1989 A RESOLUTION AMENDING RESOLUTION R-89-5 GRANTIPG A USE PERMIT FOR OPERATION OF A GAME ARCADE AT 1544 WEST LARPENTEUR (NORTHOME SHOPPING CENTER) WHEREAS, the City of Falcon Heights received as applicationdatedDecember21, 1988 for the issuance of a conditional use permittoestablishagamearcadeinNorthameShoppingCenter, 1544 WestLarpenteur; and WHIItF1~1.S, the City Council did carefully consider the request as well as the recommendations made by the City's Plaaniag Commission afterboldingtherequiredPublicHearing; NOW, 18EREFORE, BE IT RESOLVED by the City Council of the CityofFalconHeightsthataconditionalusepermitfortheestablishmentofagamearcadeat1544WestLarpenteurAvenuebegrantedsubjecttothefollowingconditions: 1) Maximus hours of operation krill be 10:00 A.M. to 12:00 MidnightSundaythroughThursdayand10:00 A.M. Lo 1:00 A.H. FzidayandSaturday. All existing applicable curfews will be enforced on the premises. 2) Restriction on use of back parking lot after 9:00 P.K. will be adequately posted by property owner: a) Gable Room parking will be restricted to front and side parking lots after 9:00 P.K. Property owner Qill install appropriate signage. b) All Azona exits from parking lot shall be posted ^Ieft turn only after 9:00 P.M.". 3) The back door will be an exit only, conforaing to Fire Code. Moved by Wallin Aapzwed~ by ~dlv~ ~D ~~ layor YEAS Nav_ s BALD: I N CIERNIA CHENOt,'E7H WALLIT Bt'SH August 9, 1989 5 in Favor AttesLPd by c/ ~ 0 City Cle k Against August 9, 1989 Date Adopted by Cou:,ci_ August 9, 1989 Consent cy x r: CITY OF FALCON flEICflTS REQUEST YOR COUNCIL CONSIDERATION Agenda Item: F-1 Meeting Date: 12/13/89 ITEri DESCRIPTION: PRELIMINARY DEVELOPMENT AGREEMENT - PROFESSIONAL VENTURES, INCORPORATED (PVI) SUBMITTED BY: John Grossman, President pl~ gy; Tom Gedde Jan Wiesner ERPI.ANATION/SUl~SARY (attach additional sheets as necessary): PVI has submitted a Preliminary Development Agreement Application and fee to the City for a project to redevelop the SE corner of Snelling and Larpenteur. I If the Council approves this Agreement, the next steps for the project will be simultaneous project review by: a. Planning Commission with community and professional. planner input. b. Technical review by the City`s f financial, engineering and legal consultants. Representatives of PVI will be present to .describe project. ATTACHMENTS: A. Preliminary Development Agreement 3. Application for TIF Financing C. Goals and Policies re: TIF Applications li. Site Plan (attached) NOTE: These attachments were distributed with the Nov. 8, 1989 Agenda. If you need another set, please call Shirley or Pat Phillips. ACTIOr REQUESTED: Consider entering into Preliminary .Development Agreement with PVI. Consent Agenda Item: F-2 CITY OF FALCON BEICSTS 12/13 8 icy x Mcetiag Date: / 9 YEQUEST YOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AUTHORIZATION TO ADVERTISE FOR PUBLIC WORKS 3/4 TON TRUCK BIDS SUBMIfiTID BY: Vince Wright RFVZEi~ED BY: Jan Wiessner PLANATION/SUMMARY (attach additional sheets as necessary): Included in the Capital Improvement Plan is the purchase of a 3/4 Ton Pick-UpTruckforthePublicWorks .Department in 19 90. Attached is the proposed time-line and bid specifications. We propose to have the bid opening scheduledfor10A.M. on January 10th so the Council can approve purchase at the Council meeting that .evening. ACTION REQLTESTFD: Authorize staff to proceed with Pick-Up Truck purchase. J BID PROCEDURE WORKSHEET Bidding Procedure: Required for all contracts for local improvements when the estimated cost is expected to exceed $15,000. Dam 1. 1 week before Council meeting deadline), Wednesday, December 6 2. Wednesday, Dec. 13 Council Meeting r1 LJ 3. Thursday, noon before publica- tion , Dec. 14 4. Wednesday, Dec. 20 5. Wednesday, Jan. 10, 10:00 A.M. Day of Council meeting at least 10 days after bid is published. 6. Wednesday, Jan. 10, 7:30 P.M. Council Meeting (same day as bid opening) 7. Thursday, Jan. 11 Action Steps Prepare bid specifications and bid timeline City Council authorized bid process, sets bid opening. date Submit advertisement for publication, deadline for Focus Bid advertisement published in official city newspaper (Focus) Bid Opening - by 3 public officials, officials tally bids and determine whether bids are acceptable (meet specs) City Council accepts or rejects bids Notify bidders MODEL 1990 3/4 TON, 4x4 PICK-UP TRUCK B. SPECIFIC SPECIFICATIONS: Engine EFI - 350 to 360 Engine Oil Cooler HD Trans Oil Cooler HD Springs (Front and Back) Rear Axle - 3.55 to 3.73 5 Tires, 16" Snow and Mud HD Rear-step bumper 2 mirrors below eye level GVW 8300 Minimum 3-speed automatic transmission Z gas tanks Lock in hubs 2 batteries, 850 & up, cold CP HD Generator Power Steering and brakes Positraction Rear-end only Load Leveler Hitch - 18", 1 3/8" - 2" Snow plow, 7z', all accessories and lights 3-speed wipers HD Heater Wheelbase 131" Box - 8 feet Gauges - amp, oil, temp, etc.. Color TOTAL: NOTE: Return this form with Bid to: TRUCK BID CITY OF FALCON HEIGHTS 2077 West Larpenteur Falcon Heights, Minnesota 55113 PRICE City of Falcon Heights Specifications for 1990 3/4 Ton, 4x4 Pick-Up Truck This 3/4 Ton truck shall be the latest production model (1990) as currently advertised meeting the terms of this specification, new and complete in all details, furnished with all standard equipment advertised, whether or not specifically called for here, except where optional over standard or con- flicting equipment is specified. A. General Specifications Parts Facilities The continuous operation of this equipment is essential, and the success- ful bidder must be able to furnish replacement of parts promptly. An adequate supply of parts must be .available on short notice within the immediate metropolitan area, and the bidder must be an authorized equip- ment dealer with adequate service facilities. The location of the parts and service facilities shall be specified. Manuals (Operating, Servicing and Repair) The successful bidder must furrish service and repair manuals. Manuals must be delivered to Falcon Heights City Hall, 2077 W. Larpenteur Ave., Falcon Heights, MN 55113. Manufacturer's Specifications No bid will be considered unless complete manufacturer's illustrated des- cription and detailed specifications are submitted in duplicate, together with manufacturer's warranty and service policy. Complete attached questionnaire in detail and return with proposal. Delivery Bidder shall state earliest possible delivery date. Warranty Successful bidder shall warrant for a minimum period of one year any parts which fail due to defective material, improper workmanship or inadequate design and shall replace same for no cost to the City of Falcon Heights. Consent Agenda Item: F-3 icy X -_ CITY OF lALCON SEICSTS Meeting Date: 12/13/89 ltEQUES? !OR COUNCIL CONSIDERATION ITEM DESCRIPTION: AGREEMENT WITH MND~ T .FOR CITY'S SHARE OF SNELLING AVENUE PROJECT SUBMITTED BY: MNDOT REVIE~F£D BY: Terry Maurer E~LANATION/SUP4iARY (attach additional sheets as necessary) Terry will review the Agreement prior to the meeting to determine whether it is consistent with the City's previous understanding of the costs to be shared. ATTACHMENTS: 1. Falcon Heights Resolution., .Feb. 11, 19$7 2. New Resolution submitted by MNDOT, Nov., 1989 3. New Agreement-Supplement No. 1-(Construction cost estimates are available at City Hall if you'd like to review them). ACTION REQiJESTED: Discuss and take appropriate action. Attachment 1. No. R-87-8 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date February 11, 1987 A RESOLUTION RELATING TO AGREEMENT NUMBER 63866 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION REGARDING SNELLING AVENUE IMPROVEMENTS, COMO AVENUE TO HIGHWAY 36 BE IT RESOLVED that the City of Falcon Heights enter into Agreement No. 63866 with the State of Minnesota, Department of Transportation, for the following purposes, to-wit: to provide for payment by the City to the State of the City's share of the costs of the street, driveway, walk, storm sewer facilities and utility facilities construction and other associated construction work to be performed upon, along and adjacent to Trunk Highway No. 51 (Snelling Avenue) from Engineer Station N.B. 239+51.696 (Hoyt Avenue) to Engineer Station N.B. 279+06.16 (Roselawn Avenue) within the corporate city limits under State Projects No. 6216-91 (T.H. 51=125) and No. 6216-100 (T.H. 51=125), subject to the following contingencies: 1. Willingness clause be changed to reflect that the City sees no benefit from upgrading the storm sewer north of Larpenteur on Minnesota State Highway 51, but as a sign of good faith will cooperate up to 50 percent of the present ascribed cost ($41,464). 2. State will retain ownership and maintain the storm sewer on Minnesota State Highway 51. 3. State is responsible for all landscaping or restoration costs. 4. City considers a minimum of effort will be made in enacting changes detailed in the letter dated February 1, 1987, to Terry :~Saurer, Maier, Stewart and Associates, from Robert H. Cartford, Assistant District Engineer, Minnesota Department of Transportation, and letter dated January 28, 1987 from Bob Cihlar of St. Paul Water Department, and city retains the right to contest any costs for adjustment of existing water utilities. 5. State will agree to payment schedule outlined as follows: (1) The City agrees to advance to the Commissioner of Transportation y---------------------------------------------------------------------`---/,-,-~-----------Moved b Councilmember Chenoweth Approved by ` / d,'~7 1 ~-~"!~i~~-1. Manor Seconded by Councilmember Wallin as tars ALDWIr7 ~ In Favor CIE'~ZIA Against CHENOWETH WISLLIN Adopted by Council February 11, 1987 February 11, 1987 Date 7 ;;~'' Attested by ~~;~,.L-~:-~''~"~=%f.~,~.J=~ Consulting Clerk Admin. February 11. 1987 Date 2- an amount equal to the total cost of the new water main system upon execution of this agreement and upon receipt of a request from the State for such advancement of funds; and (2) The City agrees to submit to the Commissioner of Transportation the remaining amount in two equal installments on July 1st of each of the two following years. BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. LJ Attachment 2. 63866-1 r, U CITY OF FALCON HEIGHTS RESOLUTION BE IT RESOLVED that the City of Falcon Heights .enter into Agreement No. 63866-1 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to amend and modify Agreement No. 63866 dated March 10, 1987 to provide for: 1.the City to pay only 50 percent of the cost of their determined contributing flow for the storm sewer construction located north of Larpenteur Avenue; 2.elimination of the provision which makes the City responsible for storm sewer facilities maintenance; 3.deletion of all City cost tree and shrub construction; 4.a City cost share advancement schedule; 5.deletion of all City cost Hoyt Avenue (County State Aid Highway No.56) and Roselawn Avenue (County Road 114) construction and 6.addition of significant City cost supplemental sanitary sewer and water main construction under State Projects No. 6216-91 T.H. 51=125) and No. 6216-100 T.H. 51=125 BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. CERTIFICATION State of Minnesota County of Ramsey City of Falcon Heights is a true and adopted by the duly authorized 1989, as shown by the minutes of said meeting in my possession. I hereby certify that the foregoing Resolution correct copy of the resolution presented to and Council of the City of Falcon Heights at a meeting thereof held on the day of City Clerk y AGREEMENT STATE OF MINNESOTA AMENDMENT TO SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT N0. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 63866 SUPPLEMENT N0. 1 S.P. 6216-91 (T.H. 51=125) State Funds S.P. 6216-100 (T.H. 51=125) Fed. Proj. M 5421(6) Supplement No. 1 to AMOUNT ENCUMBERED Agreement No. 63866 between The State of Minnesota (None) Department of Transportation, and The City of Falcon Heights ESTIMATED AMOUNT Re: City cost street and storm sewer RECEIVABLE construction by the State on T.H. 51 (Snelling Ave.) from Hoyt Ave. $106,962.01 to Roselawn Ave. in Falcon Heights THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Falcon Heights, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESSETH: WHEREAS the State and the City did enter into an agreement dated March 10, 1987 and designated as Agreement No. 63866 providing for participation by the City in the costs of the grading, surfacing, drainage, traffic signals and lighting construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 51 (Snelling Avenue) from Engineer y 1 2 U 63866-1 Station N.B. 200+86.02 (the north end of Bridge No. 62015 over Como Avenue) in the City of St. Paul to Engineer Station N.B. 317+05 (a point 175 feet south of the south end of Bridge No. 9013 over Trunk Highway No. 36) in the City of Roseville under State Projects No. 6215-58 (T.H. 51=125), No. 6215-61 (T.H. 51=125), No. 6216-91 (T.H. 51=125), No. 6216-100 (T.H. 51=125), No. 6216-101 (T.H. 51=125) and No. 6216=105 (T.H. 51=125) and State Aid Project No. 62-630-25 and in the records of the Federal Highway Administration as Minnesota Project M 5421(6); and WHEREAS the City signed Agreement No. 63866 subject to certain changes listed in the agreement attached City Resolution No. R-87-8; and WHEREAS the State is willing to supplement Agreement No. 63866 by incorporating these changes listed in the City's resolution: (1) the City pay only 50 percent of the cost of their determined contributing flow for the storm sewer construction located north of Larpenteur Avenue, (2) elimination of the provision which makes the City responsible for storm sewer facilities maintenance, (3) deletion of all City cost tree and shrub construction, and (4) a City cost share advancement schedule; and WHEREAS City costs for construction on Hoyt Avenue (County State Aid Highway No. 56) and Roselawn Avenue (County Road No. 114) 2- c~ 63866-1 were included in Agreement No. 63866 and should now be deleted since they are County Roads; and WHEREAS significant City cost supplemental sanitary sewer and water main construction has been performed in connection with the construction of Trunk Highway No. 51 (Snelling Avenue) and should now be added to the City's cost share so that the amount advanced by the City more accurately represents their total cost share. IT IS THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - AMENDMENT OF ARTICLE II OF AGREEMENT N0. 63866 The City Cost Participation Construction description under Article II, Section A. of Agreement No. 63866 dated March 10, 1987 is hereby amended and modified to read as follows: n LJ CITY CO5T PARTICIPATION CONSTRUCTION All of the following construction to be performed upon, along and adjacent to Trunk Highway No. 51 (Snelling Avenue) from Engineer Station N.B. 239+51.696 (Hoyt Avenue) to Engineer Station N.B. 279+06.16 (Roselawn Avenue) within the corporate city limits under State Projects No. 6216-91 (T.H. 51=125) and No. 6216-100 T.H. 51=125). 100 PERCENT shall be the City's rate of cost participation in all of the City owned sanitary sewer and water main facilities 3- 7 63866-1 construction, except for the adjustment of valve boxes and frame and ring castings covered below under "40 Percent" and "9.3 Percent". 100 PERCENT minus all anticipated Federal-aid funding shall be the City's rate of cost participation in all of the following construction to be performed along and adjacent to the Trunk Highway No. 51 (Snelling Avenue) roadway from Engineer Station N.B. 239+51.696 (Hoyt Avenue) on the east side of the roadway and from Engineer Station N.B. 246+00 (a point approximately 175 feet south of Hollywood Court) on the west side of the roadway to Engineer Station N.B. 260+00 (a point approximately 350 feet north of Crawford Street) under State Project No. 6216-100 (T.H. 51=125): 1. Except for the driveway located on the west .side of the Trunk Highway No. 51 (Snelling Avenue) West Frontage Road roadway at Engineer Station 249+75, all of the construction of concrete driveways including their aggregate base to be performed along the west side of the Trunk Highway No. 51 {Snelling Avenue) West Frontage Road roadway and along the east side of the Trunk Highway No. 51 (Snelling Avenue) East Frontage Road roadway. 4- yp ~ ~ 63866-1 2. All of the construction of concrete walk including its aggregate base to be performed along the east side of the Trunk Highway No. 51 (Snelling Avenue) East Frontage Road roadway. 3. Except for excavation, all of the construction to be performed upon and within the Hollywood Court approach to Trunk Highway No. 51 (Snelling Avenue) West Frontage Road, Said construction includes, but is not limited to, removal of curb and gutter, sawing bituminous pavement, granular borrow, bituminous surfacing and concrete curb and gutter. 40 PERCENT minus all anticipated Federal-aid funding shall be the City's rate of cost participation in all of the following construction to be performed along and adjacent to the Trunk Highway No. 51 (Snelling Avenue) roadway from Engineer Station N.B. 239+51.696 (Hoyt Avenue) on the east side of the roadway and from Engineer Station N.B. 246+00 (a point approximately 175 feet south of Hollywood Court) on the west side of the roadway to Engineer Station N.B. 260+00 (a point approximately 350 feet north of Crawford Street) under State Project No. 6216-100 (T.H. 51=125): 1. Except for excavation and removal of pavement, ail of the construction to be performed upon and within the Crawford Street and Falcon Center Crossover approaches to Trunk Highway No. 51 5- 63866-1 Snelling Avenue). Said construction includes, but is not limited to, removal of concrete curb, sawing bituminous pavement, granular borrow, bituminous surfacing, concrete curb and gutter and curb ramps. 2. All of the sodding including its topsoil borrow to be performed along the west side of the Trunk Highway No. 51 Snelling Avenue) West Frontage Road roadway and along the east side of the Trunk Highway No. 51 (Snelling Avenue) East Frontage Road roadway. 3. All of the grubbing to be performed along the west side of the Trunk Highway No. 51 (Snelling Avenue) West Frontage Road roadway. 4. All of the adjustment of City owned sanitary sewer and water main facilities. 5. All of the construction of concrete walk including its aggregate base to be performed in the following locations: a. The northeast quadrant of the Trunk Highway No. 51 (Snelling Avenue) - Hoyt Avenue intersection. 6- d' ~~- x 63866-1 b. The southwest, southeast and northeast quadrants of the Trunk Highway No. 51 (Snelling Avenuer) - Larpenteur Avenue County State Aid Highway No. 30) intersection. c. The bus stops located in the southwest and northeast quadrants of the Trunk Highway No. 51 (Snelling Avenue) - Larpenteur Avenue (County State Aid Highway No. 30) intersection. 23.26 PERCENT shall be the City's rate of cost participation in all of the following construction to be performed under State Project No. 6216-91 (T.H. 51=125): 1. All of the construction of concrete walk including its aggregate base and all of the construction of concrete and U bituminous driveways including their aggregate base and the removal of pipe culvert therefor to be performed along the west side of the Trunk Highway No. 51 (Snelling Avenue) West Frontage Road roadway and along the east side of the Trunk Highway No. 51 Snelling Avenue) East Frontage Road roadway. 2. Except for excavation, all of the construction to be performed upon and within the Ruggles Avenue approach to Trunk Highway No. 51 (Snelling Avenue) East Frontage Road. Said construction includes, but is not limited to, sawing bituminous 7- 63866-1 pavement, granular borrow, bituminous surfacing, concrete curb and gutter and curb ramps. 19.8 PERCENT of 50 PERCENT minus all anticipated Federal-aid funding shall be the City's rate of cost participation in all of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Red" color on the attached EXHIBIT A ~~ . 9.3 PERCENT shall be the City's rate of cost participation in all of the following construction to be performed under State Project No. 6216-91 (T.H. 51=125): 1. Except for excavation and removal of pavement, all of the construction to be performed upon and within the Falcon Center Crossover and Garden Avenue approaches to Trunk Highway No. 51 Snelling Avenue). Said construction includes, but is not limited to, miscellaneous removals, sawing bituminous pavement, granular borrow, bituminous surfacing, concrete curb and gutter and curb ramps. 2. All of the sodding including its topsoil borrow to be performed along the west side of the Trunk Highway No. 51 Snelling Avenue) West Frontage Road roadway and along the east 8- 63866-1 side of the Trunk Highway No. 51 (Snelling Avenue) East Frontage Road roadway. 3. All of the adjustments of City owned sanitary sewer and water main facilities. 7.6 PERCENT minus all anticipated Federal-aid funding shall be the City's rate of cost participation in all of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Brown" color on the attached EXHIBIT "A". 4.7 PERCENT of 50 PERCENT shall be the City's rate of cost participation in all of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Blue" color on the attached EXHIBIT "A". 4.1 PERCENT of 50 PERCENT shall be the City's rate of cost participation in all of the cooperative joint-use storm sewer facilities construction as shown and/or described in "Pink" color on the attached EXHIBIT "A". ARTICLE II - AMENDMENT OF ARTICLE III OF AGREEMENT NO. 63866 Article III, Section A. of Agreement No. 63866 dated March 10, 1987 is hereby amended and modified to read as follows: 9- 11 U 63866-1 It is estimated that the City's share of the costs of the contract construction plus the construction engineering cost share is the sum of $133,826.61 as shown in the attached SCHEDULE I". Upon award of the construction contract the State shall prepare a revised SCHEDULE "I" based on construction contract unit prices and shall submit a copy of the revised SCHEDULE "I" to the City. The City shall advance to the Commissioner of Transportation the City's total estimated cost share as shown in the revised SCHEDULE "I" be it more or less than the sum of 133,826.61 in accordance with the following advancement schedule. CITY COST SHARE ADVANCEMENT SCHEDULE First Payment: Upon execution of this agreement and upon receipt of a request from the State for such advancement of funds, the City shall advance to the Commissioner of Transportation an amount equal to the City's total cost share of the new water main facilities construction as set forth in the revised SCHEDULE "I". Second Payment: On or before July 15, 1990, the City shall advance to the Commissioner of Transportation an amount equal to 50 percent of that amount of the City's total cost share as set forth in the revised SCHEDULE "I" which has not been advanced by the City. 10- 63866-1 Third Payment: On or before July 15, 1991, the City shall advance to the Commissioner of Transportation an amount equal to the City's total cost share as set forth in the revised SCHEDULE I", or the final SCHEDULE "I" if available, less the total of all funds previously advanced by the City. ARTICLE III - AMENDMENT OF ARTICLE IV OF AGREEMENT NO. 63866 The first paragraph of Article IV, Section D. of Agreement No. 63866 dated March 10, 1987 is hereby amended and modified to read as follows: It is hereby understood and agreed that, upon the satisfactory completion of State Projects No. 6216-91 (T.H. 51=125) and No. 6216-100 (T.H. 51=125) construction, the City shall thereafter provide for the proper maintenance, without cost or expense to the State, of all of the City owned utility facilities constructed within the corporate City limits under said state projects and that neither party to this agreement shall drain any additional drainage into the storm sewer facilities constructed within the corporate City limits under said state projects that is not included in the drainage for which said storm sewer facilities were designed without first obtaining permission to do so from the other party. 11- c~- 63866-1 AF:TICLE IV - AGREEMENT N0. 63866 E}:cept as amended and modified herein, all of the terms and conditions set forth in Agreement No. 63866 dated March 10, 1987 stall remain in full force and effect. AF.TICLE V - APPROVAL Before this supplemental agreement effective, it shall be approved by of the City and shall also receive officers as the law may provide in of Transportation or his authorize 7 12- shall become binding and resolution of the City Council the approval of such state addition to the Commissioner i representative. 63866-1 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. City Seal)CITY OF FALCON HEIGHTS By DEPARTMENT OF TRANSPORTATION Recommended for approval: B ~~~~~ ~C ' //- 7 89 Director - Agreement Services Section B ~i--, 1~ D'stric Engineer By Deputy Division Director Technical Services Division Approved as to form and execution: By Special Assistant Attorney Genera Mayor Date By City Administrator Date STATE OF MINNESOTA By Deputy Commissioner of Transportation Date Date of Agreement) Approved: Department of Administration By Authorized Signature) Date 13- i• o~ z° c H ~ N E ca ~-+ a a U ~ b cn to a E-~ H F W O U O H E aU H z 0 A H w~7 ar ti 1 i n I f T N . I ~ o ~' V [c~ o ~ N c ncnc rn rn ~ M N N i ~".. N m .. w a ~ N tC1aA N a° U1 •~-I Cy t0 M 1+ .~.' O Ei rU-I .~ W ~ H N t~U o ~~aH ~ 1 U N to ~ N O • ~~1 4-a U N ~ ~ O V ~ O U ~ U n N U O a~a~ n «i 3 •,i V N ~ II ~M N n ~ o c~ fU N lp i • r"I N ~ O ~ cM U 7r i ~ ~ ~~.{ i O ~ O O a ~ v a~i N +~ 4 N ~ -I~ OwC7cn ~ 3-1 ~"'.. f-." 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Estimated costs of improvements: 1. $335,000 - Equipment (4 years) 2. $115,000 - Hamline Ave. (10 years) Steve Apfelbacher has received quotations from two firms:Holmes and Graven, and Dorsey, Whitney. We expect to proceed with bond sale in January, 1990. The law firm will prepare documents for council approval at the January 8th Council .meeting. ATTACHMENT Letter from Steve Apfelbacher ACTIOr REQUESTED: Recommend retention of Dorsey, Whitney firm for .legal work in connection with sale of bonds to be sold in 1990. 12i06i89 14:25 612 339 0854 Ehlers Companies [~j p2 Ehlers and Associates, inc. LEADERS IN PU9LIC FINANCE December 5, 1989 Mr. Jan Weiasner City Administrator 2077 Weat Larpenteur Avenue Falcon Heights, i~V 55113 Re: City of Falcon Heights; Selection of Bond Approving Attorney for IssuanceofPossibleCitybebt Dear Jan: As we discussed, the City of Falcon Heights is considering the possibleissuanceofupto $335,000 G.O. Capital Notes and $1.15,000 G.O. 429ImprovementBonds. When debt ie issued by a municipality, it requires theopinionofabondapprovingattorney. The opinion states that the bonds are properly 18aued and are exempt from state and federal taxes. This opinion isgenerallyprovidedbyfirmawhichspecialiseinthisareaandwhoarewellknowntounderwritersandbankers. The City has not issued debt since 1986. Since then on an informal basis wehaveaskedtwolawfirmsforinformalopinionsonthebondsissuedforTxDNas. 1--1, 1-3 and 1-4. l'he two firms that provided the informal advice wereHolmes & Graven and Dorsey & Whitney. As a result, I was asked to discussthesepossibleprojectsandsolicitproposalsfortheiropinianinthepossibleissuanceofthesedebtissuesfromthesefirms. Fees for thoseservicesforbothissueswerequotedasfollows; Rolmes & Graven Dorsey & Whitney 3,000 2,000 In addition each firm would likely have out of pocket expenses in the range of50. At this point the City needs to decide whic:i firm should prepare variousbonddocumentsshouldtheCitydecidetoproceedtoissuedebt. Very truly yours, EHLERS AND ASSOCIATES, INC. u..e:.~ Steven F. Apfelbacher President SFA:nad 175 7a FFICES IN MINNFAPQI.I$ AND WAUKESHA 2950 NOrWP,St Center • 9U South Seventh Street • Minneapolis, MN 55402-4100 • fi12-339-8291 • FAX &12.339-0854 Consent cy x CITY OF lALCON SEIGHTS REQUEST TOR COUNCIL CONSIDERA?ION Agenda Item: F-5 Meeting Date: 12/13/89 ITEM! DESCRIPTION: REQUEST TO THE METROPOLITAN COUNCIL FOR AN EXTENSION TO UPDATE OUR COMPREHENSIVE MUNICIPAL PLAN TO CONFORM TO METROPOLITAN COUNCIL POLICIES SUBMITTID By: Staff Rgpl~ gy; Planning Commission Susan Hoyt Taff, City Planner PLANATION/SUA4SARy (attach additional sheets as necessary): By January, 1990, the City of Falcon Heights is required to update its Comprehensive Municipal Plan to conform to the Metropolitan Systems Plans for waste water treatment and handling (sewers) and for transportation. Since the City will be updating its Comprehensive Municipal Plan over the next year, it is reasonable to request an extension to this deadline. A resolution from the City Council is required to be granted an extension from the Metropolitan Council. The Planning Commission recommended that the City Council request an extension until Dec. 31, 1990. ATTACHMENT: Proposed Resolution ACTION REQDESTED: Resolve to ask the Metropolitan Council for an extension to Dec. 31, 1990, to bring the City's Comprehensive Municipal Plan into conformance with the Metropolitan Council's Systems Policies. I No. R-89-27 CITY OF FALCON HEIGHTS C-0 U N C I L R E S O L U T I O N Date December 13, 1989 A RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO GRANT AN EXTENSION TO DECEMBER 31, 1990 FOR UPDATING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Falcon Heights is required to update its Comprehensive Municipal Plan to conform to the Metropolitan SystemsPlansforwastewatertreatmentandhandling (sewers) and for transportation by January 1, 1990, and WHEREAS, the City will be updating its Comprehensive MunicipalPlanoverthenextyear, and WHEREAS, the City Council feels it would b@ reasonable and economicaltoaddressallaspectsoftheplanatonetime, NOW, THEREFORE, the City Council of the City of Falcon HeightsisrequestingtheMetropolitanCounciltograntanextension to December 31, 1990 for updating the Comprehensive MunicipalPlan. Moved by YEAS Nays BALDWIN CIERNIA in Favor CHENOWETH WALLIN Against BUSH Approved by Mayor December 13, 1989 Date Attested by City Clerk December 13, 1989 Date Adopted by Council December 13, 1989 Consent Agenda Item: F-6 xcF CITY OF lALCON SEIGHTS 12/13/89MeetingDate: 1tEQUEST ?OA COUNCIL CONSIDERA?ION ITEri DESCRIPTION: ' DISCUSSION OF SECTION 5-1.01 OF THE CODE - REGULATION OF CATS SUBMITTED BY: Shirley Chenoweth REVIE~FED BY: PLANATION/SUl4SARY (attach additional sheets as necessary): The subject of the present City Code .requiring the belling of cats has been. discussed briefly several times. We have surveyed several neighboring communities regarding regulation of cats and a summary of that survey is attached. Also attached is a copy of the Falcon Heights regulations. ACTIOT REQDESTED: For Discussion. Only ARDEN HILLS No separate Ordinance, rely on Public Nuisance Ordinance health, morals, comfort, etc.). ROSEVILLE Prohibits all animals from disturbing the peace and quiet by habitually crying/howling, causing damage to plantings or structures, or depositing fecal matter on property of others. NEW BRIGHTON Cats must be restrained, cannot run at large - cats damaging property, biting, depositing fecal matter on the property of others, or habitually crying or mewing is considered a public nuisance. CHCIRFIlTFTnT Cats six months old and over must be licensed and restrained and owner/keeper must clean up after animal when off owner's property. ST. PAUL Required to wear rabies tag, no leash law, no bell. Special permit required for more than three cats. LITTLE CANADA Cats over three months old must be licensed ($10.00 for two years). Requires owner/keeper to clean up after animal. MUNICIPAL REGULATION & LISCENSING 5-1.01 CHAPTER 5. MUNICIPAL REGULATION AND LICENSING PART 1. CATS 5-1.01 Regulation of Cats Subdivision 1. Running at Large Without Bell Prohibited. It shall be unlawful for the owner or keeper of any cat to permit such cat to run at large in the City without being belled, and such cat shall be deemed to be running at large if its found off the premises of such person and not under the control of the person or a member of his immediate family either by leash, cord, chain or otherwise. Any person is deemed to be the owner or keeper if he harbors such cat or allows the same to be about his or her premises, residence or place of business. Such eat shall be deemed to be belled if a bell is secured around the neck of the cat and is audible within a distance of at least 50 feet. Subdivision 2. Enforcement. The council may appoint such person, persons or firm as the council may deem necessary and advisable to enforce the terms of this section. It shall be the duty of such person to apprehend any cat found running at large contrary to these provisions and to impound such cat in a place designated by the council. The poundkeeper upon receiving any cat shall make a complete registry, entering the breed, color and sex of such cat. Not later than three (3) days after the impounding of any eat, the poundkeeper shall notify the owner if known or if the owner of the eat is unknown shall see that a written notice is posted for three (3) days at a conspicuous place within City Hall describing the cat and the place and time of taking. The owner of the cat so impounded may claim such cat upon payment of a 10.00 impounding fee plus $2.00 for each day the cat is confined in the pound as the cost of feeding or such greater sum as the council may determine to be necessary for purposes of fully compensating the City for all costs and charges incurred. It shall be the duty of the poundkeeper to keep all eats so impounded for a period of five (5) days from the day of notice as herein provided. If at the expiration of such five day period, the eat has not been redeemed, it may be sold or painlessly put to death. Subdivision 3. Misdemeanor. Any person violating the provisions of this section shall be guilty of a misdemeanor. 1 Consent cY x CITY OF FALCON HEIGHTS REQUES? FOR COUNCIL CONSIDER~ITI0N Agenda Item: F-7 Meeting Date: 12/13/89 ITEM DESCRIPTION:CONSIDER CANCELLING THE DEC. 27th CITY COUNCIL MEETING SUBMITTED BY: Jan. Wiessner RE9IEi~£D BY: - E~LANATION/SUMl4ARY (attach additional sheets as necessary): In previous years the.CitX Council has cancelled the secand.December Council meeting due to the holidays. At this time we are not .aware of any agenda items which would require a meeting at that time. ACTION REQUESTED: Cancel Dec. 27th City Council .meeting.