HomeMy WebLinkAboutCCAgenda_89Feb8ADMINISTRATIVE UPDATE
February 8, '89
Recycling
Supercycle's Marketing Director called at 8:30 A.M. last Friday
to inform us that they would not be picking up on that day as scheduled.
The excuse was "it is too cold to send the drivers out for a ten hour
day, and the diesel fuel will gum up the trucks". He explained that
announcements had been on two radio stations and Supercycle would attempt
to put a flyer in the Focus this week notifying residents of a pick-up
on February 10th. This lack of dependable service is becoming an irritation
and discouraging to participants (as well as City Staff). The Solid Waste
Commission will be addressing this at the February-8th meeting.
The matter has been discussed with Rick Hlavka, Ramsey County
Environmental Health. He confirms there is a problem which they feel is
due to changes in personnel and lack of reliable vehicles. He does not
recommend attempting to change haulers at this time, but would like to
give the new owners of Supercycle time to learn the business.
In spite of the recent problems, our January tonnage broke all
previous records.
Nov. '88 ---------- 22.38 Ton ----764 households + Coffman
Dec. '88 ---------- 21.06 Ton ----890 "
Jan. '89 ---------- 24.52 Ton ----857 "
Hazardous Waste Collection Day
Co-sponsored by the cities of Falcon Heights, Roseville and Lauderdale
and Ramsey County---has been scheduled for, May 20. It will be located at
Roseville's Public Works garage.
Aril 6 - Disaster Drill
The City will participate in a county-wide disaster drill at Co. Rd. C
and Lexington (RV Central Park) 9 A.M.-12:00 noon. A local drill will be
staged at Goodwill Industries from 1:00-3:00. Public officials are invited
to attend.
City Newsletters - Should be delivered this week-end.
1 -
Bullseve Parkin
Jan and Tim Malloy met with .Dennis Hunt and Pauline Krueger of
Towle Real Estate last week. They are going to come back with a
proposal. (Tim Malloy suggested they hire a f irm to advise them on a
parking plan).
State Fair Parkfng
Staff met with representatives of the Minnesota State Fair and the
Sheriff's Department to discuss this year's plans for the 4th of JulyandtheStateFair. It was agreed that an additional squad car is nec-
essary to patrol the entrance at Larpenteur and Underwood for both
events. This additional car will be dedicated to that area and will not
be available for back-up at accidents, etc. (Last year that presented
a congestion problem when the car was gone for extended periods of time).It will be staffed by Water Patrol Reserve Unit volunteers at no
additional cost.
Ice Rinks
Due to the unseasonably warm weather recently and resulting damagetotheice, the pleasure skating rink at the Community Park was determined
to be "past the point of no return" and efforts to restore it have been
terminated. However, the hockey rink will be scheduled for pleasure and
hockey skating. The other rinks are all open and in good condition.
Past experience has indicated that maintenance of the rinks usually be-
comes futile approximately Feb. 15.
Marcor Development
Representatives of Marcor Properties have requested a meeting next
week with Mayor Baldwin and Jan.
Northome Fire Code Violations
The Fire Marshal has received plans to complete necessary modifications
within 90 da~~s.
2 -
s,....~..:,
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v ~ mayotterthe_~ _By Feeds ~ . , k ~° .~ , ~ , The: ~ - ~` 1ie~'3f ~~erestedLd~ry~8 ~ tees officials ,; .
tlsewile 'ash tom. _County', "I . t1~ eF~~ e~ ..;~-Pl toy review theme, bc~id~
a,
C o u g u b l i c L ~b c art' Board's Pte; and~.~~la~ng ~ ~~. s ~ . ~ ; .. not ~ pR'e~'
s Board's - ~ Committee for
plans have. 1 officals review exPac~se~s plena ut langst' they wait, then more e~ the fact tip ~ t ~
tolle~ Soti1~ f
eorr~ied t~et ' ' may hg6t Of new c~ estimatss...peos~e ~'a R'
aot new • =' - ~ Ezistu~ expansion plate :.. The residence o[T tbis~ someth~g: else
B+~ _~-._
The . , - Yie~" Ei . , may costa as mom: as g aril, city are ~ treated Concordia A.~ede~g ~
C o us~k d$ y a4i-;hl:- lion e t ~i&i~a11Y . ~ Naa~~ Brntger ar by anatlleE d
told- Truster lee week to~ttl: open" hesaid:
t non ' approved a ~. ~ 'y
reselutioet the Ramsey. coua~ ~ - The - commissioners tbat Westby ~tnov-
bad been based association must swaatchCommis- ctxe~y ~ authority to issue croet eshtnafes
k s~'~~ ba ~q-aid v~rith ptarm ~- to #~ mills in bonds fort', oa the ass~mnptim Ebat the cit ~ deveiopm~rts that coin take
to bni~; a dnw . ~ s~ P~~ ~„,s• _ , . ies iavolvec~ donate land place:.. -- . ,
c The possib~Lty ~ that ~ el6 for h'brar-~ dies. View.. , "1~e'T't' r bac~t #a sgnarethatcif
ifiat claim. , oaew'WB ~ aaid
The. Ro~&ewiiBe. (i menu °f t~ plans court be
e ~~. a ri
Monday ,ugbt caesidea~ed, but= sewed. dap¢a -- or ~n; sow - - Y .. - _~_ ~OOit ~
Tti'~o PAM ~~ eh~e that nines:tabiNe~, a similar ~. ~ ~ ~~. ~' s
y bey t~ o repHeiitscadsforstud
of arcade r~mi~ ~~` ask un ~c~veme~t re'
PaelsRoesler video arcades ruled oas BY t~sa Legge - sion,, Bierscheid said, such as
y how much the referendum
completely, based on their
A. Falcon.. Heights- Plaa~ experience with Rock-a- Voters may soon decide could cast to lxoperty owners
n i n g Commission fellas; an arcade which w' to bang to Roseville and what improvements could
moratoriuau on future video formerly operated in Nor- an estimated ;6.5 million be incha~l in the referendum.
arcades is a tactic to deli thaaneCenter; Black said: community recreate center If aN goes as piaaaed",
a val of a proposed `.`Rock-a-fellaa~ caused a .and improvements to Ceartral Bierscheid said, the council
lot of prab~a~a with traffic, ~~- _ eould call _ for' the refer
m,, N ~f A R~osevi~ P aa~ Ract- llt ~~ ~nose and diinkiag;" Blaelt reation e
as
a ' why Connmission- membera~ ,~ ~ ~ ~ .. Hu. ~ r-ere tows g~:~ tb+e
tf~t l~s jnlt a esB+ed : -fie- ~ ~. a vote;:Ypc~ics~__ ~=- ~~ sche~dM we'd. at now,
m~~ _fn stmt whether>video ar- ~ ~' could obab~r be
a~dit~t3 ~. icr bt'~ ~ r+e~r} 1 faII," .hefallunderconditiooa~
ton ~a~con Heights -ice use Pmt - ~~a~ ~~ Paris, anal Vie- said; addh~ comeruetio~ fce
r - meets to a~tlilebi~~-iiei~ is the _tM re€reatiiau centa ~ said: commissioneft. Lee takeayeer.permit i'or ` Bury, who suggested they _ ~ . = .
t~iB` _ ~ p - t4 !lJdl[8t~lna~l, a B~ B4P.rSC~s, d~r~~ Q~ ~ yetir ago, t~'E l'AIIlII3}BS3~
establieY~t3~ecent+er: _ ° -The - cean _ ~ -. wilf" paw aad~ation, pry" drewr p1a~ foc the recreatiot
ted the recadatfon to the ` cented~fk~eCemmissi~ ~n r•~ _, ne~ath
Devitt~ B3~t€k, .who ~~ t t Rusevil~e.:~#jr_ fq~ rear exis
the <>s~atoga, view. at a aa~ sessiasE Jan. !?: But tbs. gropgQat side
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Grove Continued Irem p.g. tE
Nell Bakkenist assistant provost of
the university, seltl modern homes
In the Grove sell for 5125,000 to
5150,000. Some of the tradklonel
homes sellfor slightly more. "1 only
know of one house, to be bank,
that ever sold for bebw 5100,000,"
he said. "A house Irom the 'S0s."
The Grove, es k Is known to Its
neighbors, Is located 'oat south of
Lerpenteur Av. near t~ Univeralry
Gdt Course. It ~IS bounded on the
east by ClevelarW Av., which bor•
derv the University's St. Paul cam-
pus, on Me south by Hoy~t Av. end
on the west by Fulham St.
From 1929 to 1935 the western end
of the Grove was developed with
aubetential two- and three-story
Colonial and English Tudor homes,
finally numbering about 30.
Sue Gehrz, president of the Univer-
sity Grove Homeowners' Aasocla-
tion, moved to the neighboMood
three years ego with her husband,
Robert, a professor in the ashono-
my department. They bought the
oldest house in Me Grove, efour-
bedroom, 2,500,square-loot Eng-
0eh Tudor built in 1929.
We had never owned an older
home batore," Gehrz said. "It's a
sturdy house. Noming could blow It
down. My husband broke lour drill
bits trying to drill a hole In the
basement wall."
The Gehrz home - wiM Its hend-
eotrte molded plaster telling - Is
wet down the street Irom a quintes-
senhel 1956 orange, white end yel-
low house. "I think the landscaping
end the mature trees tieit all to-
gether," ¢ehrz said.
In 1935 the diggnified DW ordinary
nelghborhaodwae shsken up when
the first modern home was buiH by
the architectural firm of Jones end
Robertson.
The house, which was built for
Richard M. EIIIoH, a psychology
professor, wee Influenced by the
modest scale of Me worker Muses
designed by Bauhaus erctHects.
Today thetwuseisrw bnger
shocking. It seems an enachro-
Msm, the taztbook '30s vemeculer
home, built of beige brbk with a flat
roof, ceeement windows that poke
mrough the walls at unexpected
places, two horizontal bands of
grey brick, end Moderns wrought-
iron house numbers.
ac~ttttyy members were ready for
something other then Colonial;
quite ready," said Winston Cioae,
en erchkect who with his wife, Ekz•
at7eth, designed /4 modern houses
In the Grove, the lust in 7939.
bs wet AkS'fnel---- - -~
ors wanMd the coedorts d
afe - aasy.cosss to
Martin natwe end a view ofthe ltkdc - as
well ss oozy studies end places in
A x''
which to entertain.
8ulFF Everyone bves a fireplace; 'Close
said, "but prolessas love them
more. I don't think we bldlt one
house that didn't have a freplace in
H. some had two..,
In the t850s, when addi0ortal land
was made available ttx UniverofryGrove, the erchitecturol styles took
off in two direcions: aggrasgivelymodem. white-painted Mines bout
In the InterrtaGOnal S1yie, with blank
faces to tM street and txxlzoMal
Mmes with the neturel wood sidlrf0
dlning zones by CouMere, and dlrr
Ing :ones flowed Into living zoned.
Some o10te Muses had the look of
televlek)n sate gone blank. OlDSri
looked like branch oHlces of banNe.
One Is a takeofl on Frank Lbyd ;
Wrlght's Jacobs II Mouse In Madly
son, Wis., whh a wooden silo, a
concrete-Dock elk) end a wooden
Iki hokling the whole together.
Carl Jaeeen, aeaodate dean of 1M
College of Veterinary Medldne sL'
the Unlverelryry of Mlnneaota, was
not thrilled vvltlt the ktea W movirtpIntooneofthemodemhok»ee lour
yeare ego.
When I firot saw it t eald,'Margs; I
don't know, Het roof, one-titoryhesaki. "My wife and tare -
class~, two-story Colonial types.
Early American, that's whet we ,
love. f wet cbss my eyes when I
walk Up the drWeway."
ARer tour yeare the Jeasene hew
made peace with tttelr whhe stucdo
wte-story house, bulH in 1988. ,
If you walk up toour house, I don't
think you'd expect to see this on
the Msida," Jeseen Bald, ehowlnp'
the wey to en Eady American dlning
room. HI9 wife added Met the Inten-
or wooden beams were the pertedt
place todisplay their kx>flection of ;
duck decoys, wooden care,
wreaths, plates and old Ice akateti.
The beams made the house for
us," she sold.
Pauline Boas, a professor o1 lamlly
social science at the unhwroity, and
her huebend, oudby Rlgggga, pro- IdoteranddirectorofMinneapolis
Breve New Workshop,bougM e
house In the Grove two yeare ego;
e two-bedroom stucco-and-wood
house, deelgned by Winston and
Elizabeth Cbae In 1959, wfM a 20-
foot-equere, two-story aMum.
We use the atrium for 1W911n9balls: 'Boss saki.
In 1958 Wllusm G. Shepherd, wM~
was then head of the department bl
eledrlcel englneedng, asked ardtE
fed Ralph Rapson ro design a
home for him.
The result, with Hs dlatinclWe tan-
gerlne, bmon and whHe equere '
front panels, Won en Honor AwarQ
Irom the Mlnrteaofe Society of Ar-
chneds M 1959. Anyone who at-
tended anew elementary school Iri
the '508 wIN recognize the style.
The exterior, originally skied wkh
masonite, was re-sided wifi un-
palnted redwood when the mason-
Ite cracked end warped, but ttte
interbr remains es k was when th0
n.vw.. vraS..tsrYt. .
Tfroits , O~iegnetlta 8ta Qunv~
Domes in the Grovese, vsrd ~
for Pet Sethna. Hwas boat in 1967,wHh a bdd ystbw idrda painted on
fife garage Ii0df. "t wenNd to paintHred, but Pat though 91st would be
too videM; ' Rspson ssid. "He
tttargM yelbw was more cheeAuC"
One of the Isst hdusea erected In':
the Grove wSS bulk in 1972 DyerctitettTomVanHousen.
Van Housen described the hokrse.~
u very simple: "n's C~dornie -
style, regionalized, warm end
woodsy.., The Muse suggests hot
tubs, spider plants and water beds.
CITY OF FALCON HEIGHTS
AGENDA
FEBRUARY 8, 1989
A. CALL TO ORDER 7:00 P.M.
B. ROLL CALL: CIERNIA~~BALDWIN_~P. CHENOWETH ~ WALLIN ~/
BUSH WIESSNER ~/ S. CHENOWETH ~ ATTORNEY ENGINEER
C. APPROVAL OF MINUTES OF JANUARY 25, 1989
ACTION:
D. PUBLIC HEARINGS: NONE
E. CONSENT AGENDA:
1. Fire/Ambulance Runs
2. Disbursements
a. General Disbursements through 2/8/89, $20,515.76
b. Payroll 1/16/89 - 1/31/89, $8,347.32
3. Cancel Lost Check #22220
4. Resignation of Robert Lamb from Human Rights Commission
5. Licenses
ACTION:
F. REPORTS, REQUESTS AND RECOMMENDATIONS:
1. Conditional Use Request, Joseph A. Sacco and JamesC;~n,v~-+. ~'~'~- 'G . Sacco rn ~ ~Q,(,(~cn, W ~ ~n,.l-3 ~ ~~
ACTION: ~~~
2. Review City Code RE: Foster Care and Group Homes
in Residential Districts
ACTION:
3. Extension of Park Leases with University of Minnesota
ACTION:
4. Recommendation for Contracting Park Planrfing Services
from .Barton-Aschman Associates, Inc., and For Contracting
Surveyin~i~~ the City Parks
ACTION: S[~~ ~L~a
5. Fire Marshal Position Description
ACTION:
i~
2-
6. PERSONNEL POLICY FOR CITY EMPLOYEES
ACTION:
7. CHARITABLE GAMBLING ORDINANCE
ACTION:
G. ANNO~UNC~E~MENT3 AND U~~ :
H. ADJOURNMENT:
ACTION:
MINUTES
CITY COUNCIL MEETING
JANUARY 25, 1989
Baldwin convened the meeting at 7:00 P.M.
ALL MEMBERS PRESENT
Bush., Cieirnia, P. Chenoweth, Wallin and Baldwin. Also
present were Wiessner, S. Chenoweth and Gedde.
ADDENDUM TO AGENDA
Council approved the addition of Item E(7), Planning
Commission Minutes of January 23, 1989, to Consent Agenda.
MINUTES OF JANUARY 11, 1989
Council accepted the Minutes of January 11, 1989 as presented.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda:
1.Disbursements
a. General Disbursements - January 12, 1989 through
January 25, 1989 - $59,396.89
b. Payroll - January 1, 1989 through January 15,
1989, $11,145.36
c. Dahlgren, Shardlow & Uban - 12/1/88 - 12/31/88
833.33 (Technical Assistance)
d. Dahlgren, Shardlow & Uban - December, 1988
639.17
e. Jensen, Hicken, Gedde & Soucie, Legal Services,
12/88 - $3,495.85
2.Solid Waste Commission Minutes
3.Ramsey County Sheriff's Reports
4.Licenses
5.MSA Five Year Construction Plan
6.Parental Leave Request
7.Planning Commission Minutes of January 23, 1989
NO PRESENTATION GIVEN ON NORTHWEST YOUTH SERVICES
The representative of Northwest Youth Services was not
in attendance to give the presentation.
GAME ARCADE - CONDITIONAL USE REQUEST REFERRED BACK TO
PLANNING COMMISSION
Wallin explained that on January 23, 1989, the Planning
Commission held a Public Hearing on the Conditional Use
Request plus a lengthy discussion. Following that discussion,
a motion was made (carried 5 to 4) to adopt a moritorium
on such businesses to allow time to study whether or
not game rooms should be included under conditional
MINUTES
CITY COUNCIL MEETING
JANUARY 25, 1989
PAGE 2
uses in the Code.
Baldwin stressed that Council understood their possible
options were as follows: (1) the enterprise would
cause no problems and should be a permitted use,
2) the business is such a danger to the health,
safety and welfare that Council could not deal with
it, and it should be completely restricted, or (3)
some things inherent in the business doh cause
concern but Council feels it can be controlled with
appropriate conditions. However, by recently adding
game arcades as a conditional use (January 11, 1989)
they did indicate they felt that businesses of this
type could be controlled by appropriate conditions.
Gedde explained that by allowing commercial uses
in that district a problem could be created by disallowing
a similar use in a district.
Following the discussion, Baldwin called for a motion
on a moratorium. No motion followed. After a brief
discussion with Joseph Sacco, the prospective proprietor
of the game room, Ciernia moved that the matter
be referred back to the Planning Commission with
the request that the Commission focus on establishing
conditions for the business, as game rooms are presently
a legal use under the Code. Motion carried unanimously.
DISCUSSION ON PARKING VARIANCE REQUEST FROM DENNIS
HUNT FOR A RESTAURANT/BAR IN BULLSEYE PLAZA
Wiessner presented background information on the
original parking variance granted when the building
was constructed and reviewed her memorandum dated
January 25, 1989 giving recommendations on how the
parking problems in the center should be handled
as new businesses are established.
Wallin explained that the Planning Commission had
unanimously recommended denial of the variance following
the Planner's recommendation (memorandum dated January
19, 1989).
Mr. Hunt was of the opinion that there is not a
parking problem; however, Henry Kristal, owner of
the Embers, stated the lot was full that evening
and his restaurant could not provide parking for
their customers_
Following a discussion, Council offered Mr. Hunt
two options: (1) go on as at present, which reguires
a variance with each new business, or (2) meet with
the Administrator and Planner in an attempt to re-calculate
MINUTES
CITY COUNCIL MEETING
JANUARY 25, 1989
PAGE 3
and put a cap on the parking for a combination of
businesses, with the understanding that businesses
which can operate within the cap would not require
another variance. A new parking plan and variance
for the center will then be presented to the Planning
Commission.
NO ACTION ON DENNIS HUNT'S REQUEST FOR LIQUOR LICENSE
FOR RESTAURANT/BAR
No action was taken on this item due to the previous
parking discussion.
FUNDS AUTHORIZED FOR ONE DAY HAZARDOUS WASTE COLLECTION
Following a brief discussion, Wallin moved the expenditure
of up to $350.00 from the Contingency Account for
the City to participate in the One Day Collection
Project being sponsored by Ramsey County. Motion
carried unanimously.
RESOLUTION ADOPTED AUTHORIZING SIGNATURES FOR CHECKS,
ETC. (TOM BALDWIN/JANET WIESSNER/THOMAS KELLY)
Ciernia moved adopted of Resolution R-89-3, which
carried unanimously.
RESOLUTION R-89-3
A RESOLUTION CERTIFYING SIGNATURES FOR CHECKS,
LOANS, AND/OR DEBTS
RESOLUTION ADOPTED AUTHORIZING THE USE OF FACSIMILE
SIGNATURE
Wallin moved the. adoption of Resolution R-89-4,
which carried unanimously.
RESOLUTION R-89-4
A RESOLUTION RELATING TO THE USE OF A
FACSIMILE SIGNATURE FOR SIGNING CITY CHECKS
RESOLUTION ADOPTED CREATING AN INVESTMENT TRUST
FUND
Bush moved Resolution R-86-5 which would allow the
pooling of all city cash balances with quarterly
distribution to the respective accounts. Motion
carried unanimously.
RESOLUTION R-89-5
A RESOLUTION CREATING~AN INVESTMENT TRUST FUND
MINUTES
CITY COUNCIL MEETING
JANUARY 25~ 1989
PAGE 4
ORDINANCE ADOPTED RELATING TO WORKER'S COMPENSATION/INSURANCE
FOR ELECTED OFFICALS
Wiessner explained that elected officials have been
included under Worker's Compensation; however, a
new ruling requires an ordinance/resolution be adopted
verifying the inclusion. She also informed Council
that there is a new accident insurance policy avaialable
for elected officals for a total cost of $63.75.
Wallin moved the adoption of Ordinance 0-89-4, which
carried unanimously.
ORDINANCE 0-89-4
AN ORDINANCE ADDING SUBDIVISION 3 TO CHAPTER
2, SECTION 2-1.02 OF THE MUNICIPAL CODE
APPROVAL OF ACCIDENT INSURANCE POLICY FOR ELECTED
OFFICIALS
Council agreed to add the accident insurance policy
as presented by Wiessner.
SALE OF USED TORO SNOWBLOWER APPROVED
Wiessner presented an offer from Jay Morgan to purchase
the old Toro Snowblower for $40.00. She explained
it was purchased for the City Liquor Store and is
too small for present snow removal needs. Council
approved the sale.
ADJOURNMENT
The meeting was adjourned at 8:40 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, Glerk
Consent
Tolicy~CITY OF TALCON HEIGHTS
REQUEST TOR COUNCIL CONSIDERA?iOli
tnda Itq: E-2
Iltetins Dttt: 2/8/89
ITEM DESCRIPTION:
DISBURSEMENTS
SUBMITTED EY: Tom Kelly
RE9IE'i~T£D sY;
R~LANATION/SUl~4lARY (attach additional sheets as ~teasurP):
a) Disbursements through 2/8/89, $20,515.76
b) Payroll 1/16/89 - 1/31/89, $8,347.32
ACTION REQUESTED:
3: Jar,,:1985 Dald Retiste~
Page 1Tue10:55 Ra? City of fairon heights
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CosisenC
r
soii~r~.CITY OF FALCON BEICNTS
tEQUEST !OA COUNCIL CONSIDE1t~TIOli
Benda Ites: E-3
r
Meetinj Date:2/8/89
ITEM DESCRIPTION:
CANCEL LOST CHECK 422220
8UBrIITTED EY: Tom Kelly
EEiTIL~,T£D EY: Shirley Chenoweth
E!O'LANATION/SUl~B4ARY (attach additional sheets u necesurl):
Check 4422220, issued to the League of Minnesota Human Rights Commissions,
dated 9/16/88, in the amount of $175.00 was apparently lost in the mail.
ACTIOr REQtTESTID:
Authorize cancellation of check X22220.
i
c'
I~'E!! ~SCRIPTO~i: °'
coxnT~ox~, usE xE~u~sT
TTED ]-?: Joseph A. Sacco snd James G. Sacca~
Planning Commission
i
LJITYO~t/ST~lARi tattach additienni sheets ~ ~esM~rar~3:
Please bring documentation provided for the January ~th meeting. The
Planning Commission Minutes will be available follow g the January 6th
Commission meeting.. i
I
AGx`I01~ REQUE5TII1:
ReCOmmeadation wi11 be available after Planning Lommi~sion meeting..
z • i
a . •.4 -
r ~
ADDENDUM TO CONSENT AGENDA
February 8, 1989
E (6) planning Commission Minutes of February 6x_1989
dam- ~-
fi
o a. s ~ .~ C~
s CN^~ 'P s- ~
c:
MINUTES
REGULAR PLANNING COMMISSIa[~1 MEETING
FEBRUARY 6, ].989
Chairman Black called the meeting to order at 7:35 P.M.
Black, Boche, Daykin, Grittner, Finegan, Barry and Carroll. Also PRESENT
present was Mayor Baldwin.
Duncan and Nestingen. ABSENT
Boche moved, seconded by Carroll, to approve the Special Planning JANUARY
Commission Minutes of January 23, 1989 as presented. Motion carried 23
unanimously. MINUTES
APPROVED
Mayor Baldwin reviewed the conditional use process and reviewed
the rights of landowners. The rights of landowners must be balanced
with the public health, safety and welfare of residents. If a zone MAYOR
has been designated as such in a particular area, it is the City's BALDWIN
responsibility to deal with it by placing it into categories such
as permitted, conditional or neither. He further stated the position
the City Council took on the game room issue.
The Planning Commission then .reviewed conditions which might be CONDITIONA
appropriate for the game room use proposed by Joseph A. and James USE
G. Sacco. The landowner/lessor was not present. REQUEST
JOSEPH A.
The following conditions were proposed: AND JAMES
SACCO
1) Maximum hours of operation will be 10:00 A.M. to 12 Midnight
seven days a week.
PROPOSED
Duncan arrived at 8:35 P.M. CO~IDITIONS
2) Restrictions on use of back parking lot after 9:00 P.M. will
be adequately posted bl' property owner:
a) Game Room parking will be restricted to front and side
parking lots after 9:00 P.M. No entrance to rear lot
will be permutted after 9:00 P.M. (Signage will be the
requirement of the property owner.)
b) All Aroma exits from parking lot shall be posted "left
turn only after 9:00 P.M.".
2 condition was made by motion of Boche, seconded by Daykin.
Upon a vote being taken, the following voted in favor thereof:
Black, Boche, Daykin, Grittner, and Carroll, and the following voted
against the same: Barry and Finegan. Duncan abstained. Motion
carried.)
3.The back door will be an exit only, conforming to Fire Code.
4.No less than present level of illumination in the rear parking
MINUTES
REGULAR PLANNING OON'A4ISSI0N MEETING
FEBRUARY 6, 1989
PAGE 2
lot will be provided.
5. No alcoholic beverages (included 3.2 beer or wine) or controlled
substances without a prescription shall be sold, possessed,
or consumed on the premises of the game room, the common areas
within the building, or the parking areas.
6. The property owner will post on the exterior of the premises
No 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 who has been convicted of a felony, controlled
substance abuse, or gambling law. violation within the past
five years is prohibited from working as an attendants at
the game room.
8. The interior of the game room will be free of obstructions to
visual supervision by attendants and will have adequate lighting.
9. Game room management will take all reasonable action to expel
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 to ensure that the health, safety and welfare
and existing community standards of peace and quiet are maintained.
a. a minimum of two adult attendants will be on duty after
5:00 P.M.
b. 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. Next review period within one year of
opening, and additional reviews as needed.
12. Next review within one year of opening, upon change of business
ownership, and any other time, if needed.
Finegan moved, seconded by Carroll approval of the conditional use
by Joseph A. and James G. Sacco with the above conditions being
met. Motion carried unanimously.
Meeting recessed at 9:00 P.M.
Meeting reconvened at 9:10 P.M.
CODIDITIONAL
USE REQUEST
APPROVED
MEETING
RECESSED/
RECONVENED
Tim Ma7.loy reviewed his January 9, 1989 memorandum regarding residential
MINUTES
REGULAR PLANNING OOhS~7ISSI0N MEETING
FEBRUARY 6, 1989
PAGE 3
setback variances. After discussion, the following motions were
made:
Carroll moved, seconded by Finegan, that the side yard setback for SETBACK
principal structures or dwelling units should remain at five feet VARIANCES
but flexibility could be provided by allowing the side yard to be APPROVED
decreased to a minimum of three feet if a maintenance easement is
recorded on the deeds of all affected properties. (No .fences or
significant landscaping could be installed in the easement areas.)
Motion carried unanimously.
Boche moved, seconded by Carroll, that a 20 percent lot width calculation
will be allowed for side yard setbacks on corner lots.. Finegan
moved a friendly amendment to state that the setback could be up
to a maximum of fifteen feet. Motion died for lack of second.
Main motion approved unanimously.
Barry moved, seconded by Carroll, allowance of side and rear yard
setbacks for accessory structures to be reduced to a minimum of
one foot if the structure is located in the rear 20 percent of the
lot. Motion carried unanimously.
Barry moved, seconded by Carroll, that a maximum percentage of 35
percent may be used for lot coverage of the rear 20 percent of the
lot for accessory structures. Motion carried unanimously.
Carrol]. moved, seconded by Duncan, the following slate of officers OFFICERS
for 1989: Black -Chairman, Finegan, Vice-Chairman and Secretary. ELECTED
Motion carried unanimously.
Finegan moved, seconded by Barry, the starting time for the Planning STARTING/
Commission meetings will be 7:30 P.M. and the ending time will be 'ENDING
10:00 P.M. Meetings can be extended only by unanimous vote. Motion TIMES SET
carried unanimously.
Black declared the meeting adjourned at 10:20 P.M. ~70U~y~
Submitted by:
Katherine J. Zim~-erman
Approved:
Edgar Finegan, Secretary
FEB 89 '89 1637 JENSEt~I HICKE~~ GEL?DE SGUCIE P.A.
U'"
M~~
TO: dan Wiessner
lei ~,~~~
f"'"
ROM: Thomas Gedde
c,'c . ~
DATE: February 9, 1~$y
RE: Foi.].aw-up to February 8, 198 Council, Meeting
1:'1
My understanding is that you and the Council would liketopostponeanyactir~n on amendi.nq our ordinances regardingfostercareandgrouphomesinresidentialdistrictsuntil thePlanningCommissionhasstudiedtheissueandweknowwhattheLegislaturedoesthisyear.
W~.th regard to the extension of park leasES, the Councilapprovedanextensionoftheleaseswi~:h the ITniversity. TheCouncilissatisf~.ed with the 30-year term ane~ it appears thattheUMiversitywouldagree. The Caurc~i.l directed us to reviewtheexistingleaseanddraftaproposednewone, could youp~.ease provide us with a copy of tY.e existing lease or leases.
Phil Chenaweth asked for an update on the StratfordpropertyandyougavehiminfarmcxtionfromtheBankthat theBankisorhasdonesomeimpxavementworktothebuildingsandisintheprocessofmarketingthem. We will check with theBank's attorneys to see if we can get additional informationtopassontotheCouncilatthenextCouncilmeeting.
Finally, we will prepare a proposed final dT°aft'. of thecharitablegamblingordinance. With regard to the optionsdiscussedinPaul's memorandum of February 3, I understandthattheCouncilwouldliketoaddasaconditionfarapprovalthatthepremisesbelocatedincommerciaz. zones and the otherrecommendationsbyPaulinthethirdparagratphofhismama,the Council will not attempt to restrict licenses to localorganizationsandwillnotattempttorestrictthenumber oflicensesbyordinance.
TAG/sjk
4
DESCAIPTIOl~ :
Extension of park. leases with U f~M
TTm ~' Jan Wiessnerand Carol Kriegler
Paik and Recreation Commission
TIA~~St1~AR4 ~attaeh additiowl sbests as t~i7}s
The City 'currently has three lease agreements wth the University
of Minnesota for park purposes. The lease fo he property at
Cleveland and Roselawn has an expiration date o 1993. -Before
proceeding with plans to replace the park bui d ng, it is important
0 obtain a long term commitment fromthe II o
Carol and I have met with University represen wives to determine
their willingness to extend theexisting'leas s Z'he attached
correspondence indicates a hesitancy to eaten heleases longer
than necessary.
dC ~ .~frsue:
Author ize attorne to rev ew ofyi d Iase and draft new
cease for Community Parke property for 30 year
f _
3
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A
UNIVERSITY OF MINNESOTA
TWIN CITIES
January 17,'1989
Ms. Janet R. Wie s ner
City Administrator
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113-5594
Office of the Associate Vice President
Physical Planning
340 Morriit Hall
100 Church Street S.E.
Minneapolis, Minnesota 55455
612) 625-7355
Re: U-117: 14.5 Acres, Southeast Quadrant of the
Intersection of Boselawn and Cleveland
Avenues, Falcon Heights
Dear Hs. Wiessner:
I am responding to your letter of December 15, 1988 to the Board of Regents
requesting the University consider granting the .City of Falcon Heights an
extension of the subject lease for as long a term as possible. You indicate
that on September 12, 1988 the park building located on these premises was lost
as the result of a fire, and the City is hesitant to replace the building
without a long-term lease commitment. A 50 or 100 year extension is suggested
to provide the Gitq a feeling of security in planning high quality park
improvements.
In December of 1973, this lease was extended 20 years in response to the City's
request to erect more permanent improvements upon the premises, including
tennis courts, a picnic area and other permanent recreational facilities,
together with accoapanying shrubbery and landscaping. The period of the
extension was largely determined by the time necessary to amortize the general
obligation bonds used to finance these improvements.
I would suggest that the City of Falcon Heights consider an additional lease
extension for a similarly-determined period of time. If bond financing is not
required for this project, an alternative period would be the time frame used
by the private sector to depreciate buildings for tax purposes, 30 years I
believe.
Your desire to obtain as long a lease extension as possible is understandable,
but it is difficult for the University to commit this land for use by the City
of Falcon Heights for even the next 20 years. New academic zequirements
develop over a much shorter period of time and, as planners, we must retain as
much flexibility as possible in our leasing arrangements to allow returning the
land to University use when required.
r ~
Ms. Janet R. Wiessner
January 17, 1989
Page ltao
Please let me know if you have any questions regarding the above or if you'd
like further information.
Sincerel
Clinton. N. Hewitt
Associate Vice President
for Physical Planning
CNH:scw
cc: President Nils Hasselmo
Board of Regents
Acting Vice President Carol N. Campbell
Barbara Muesing, Secretary, Board of Regents
Susan Carlson Weinberg, Real Estate Coordinator
ll FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, NM1551t3.5594 PHONE 6t2-644-5050
December 15, 1988
Daiversity of Minnesota
Board of Regents
220 Morrill Hall
100 Church St. S.E.
Mpls., MN 55455
Dear David M. Lebedoff and Members of the Board of Regents:
The City of Falcon Heights is very appreciative of the cooperation the
University has extended in the past in allowing the City to lease property
for public park purposes.
As yeu probably know, a considerable nu>zber of Falcon Heights residents
are students or employees of the University of Minnesota. In fact, the
vast majority of the "St. Paul Carpus" is actually located within the
corporate limits of the City of Falcon Aeights.
This September 12, 1988, the City's park building located at the Falcon
Heights Community Park on Roselawr- and Cleveland was burned. Authorities
have determined that the fire was caused by arson. This building has played
a major role in community recreational activities and its loss is deeply iclt.
This building was located on property leased to the Cfty by the Dniversity
of Minnesota in an agreement dated December 31, 1973 with an expiration date
of December 31, 1993. I'm sure you can understand ot><r hesitation to replace
the building on property without a long tent cottit'ent.
We respectfully request that you consider extending the park lease for as
long a term as possible. We feel that SO or 100 years would be desirable
to provide a feeling of security in plaffiing high quality park improvements.
Don't hesitate to call me if you have any questions.
Sincerely,
F.r 2 - cc.~.~.~.-._
Ja et R. Wiessner
City Administrator
CC: Sue Weinberg
Real Estate Dept.
HOME OF Tr1E M•NAESOTA S. tiTE FA'R MD T-# U OF M INSTITUTE Of A;,Rt;,ULTURE
ConsRAc ~ 4lnd! Itl~:~F-4
tol~r~~ CITY 4! 'TALCOM H~IfdRrg
lf~stia~ natl: 2/8/89
lLQ1J$S? ' Y~ COUNCIL CQliS Olt
ZT~! DFSCAIpTiOt~t:
RECOAII~NDATION FOR CONTRACTING PARK PLANNING SERVICES FROM BARYON-ASCHMAN
ASSOCIATES.:, INC.., AND FOR CONTRACTING SURVEYING SERV~CES'FOR THE CITY PARKS
SUDKITTED E!: Carol Kriegler and -the. Park and Recr~iation Commission
EVIEi~ED SY: Jan Wiessner
ES!'Ltl9ATIOli/~Y (sttaeb sddit3aosl sbelts as alce~rTj:
1~e Park and Recreation. Commission. recommends that Baa~ton-Aschman Associates
be contracted to prpvide Park Planxiing Services to th4e City of Falcon Heights,The services: proposed by thisfirm'include a comprehelnsive analysis of the
City's .park system followed by a resulting long-rangy master plan for parkimprovement. •. The.. final product of these services wi be a reference document.
for guiding long-term,. as well as day to day, park ad recreation decisions.
The Fark and Recreation Commission.has spent much timle and energy reviewingseveral:proposals that. were submitted for considerati.bn by qualfied_parkplanningagencies. After a considerable amount of`thbught and deliberation,the Commission feels strongly that Barton-Ashman's proposed services will provetoheveryvaluabletotheCity.
Prior to the February 8th Council meeting,.Councilmem~ers will receive a copyofthe, proposal for planning services as submitted by~BartonAshman, Inca alongwithadditionalinformationconcerningthecostsoft~e~specific services
to be provided, tasks to be accomplished and .the qualficatioas of'thiscompany. Barton-Aschman will make a presentation at he Council meeting.
To efficiently and effectively do park planning andp~/rk improvements, it is
aeeessary to have access o topographic aad site eie~tnt data for he .respectiveparkproperties.. Some investigating has revealed that the City has only a verylimitedamoumtofsuchdata.. To complete a topographic and site element survey a~each of the City-s park facilities, prodi~c.3ng 1x50' sole mapping, would .resultdC?I~ REQDESTLD: "in a cast of $3,200 _..$4,000.
Authorize exgendtture of $IS,000 forparkplanning services from Barton-
Ashman Associates, Inc. and up to $4,000 for surveying services: from Maier-
Stewart for the city park~~vy~'An amount of $7,000 has"been. budgeted for this
I' project for 1989. The remaining $12.000 'is recommended to be allocated out
of the P .~.
6L1~'
a
J,~ -
CITY OF FALCON HEIGHTS
PERSONNEL ADMINISTRATION
SECTION 1 PIIRPOSE. The purposes of this. chapter are to establish
a uniform and equitable system of personnel administration
for the employees of the City of Falcon Heights, to define
the rights and responsibilities of the City and each of its
employees and to give fair and equal opportunity to all qualified
persons to enter into and remain in City employment on the
basis of merit and fitness.
SECTION 2 POSITIONS COVERED. This chapter will apply to
all employees in all positions, except the following:
1. Elected Officials
2. Members of all Boards and Commissions
3. Consultants and personnel paid on a fee basis
4. Volunteer personnel and personnel appointed to serve
without pay
5. Any other person specifically exempted by the
City Council.
No provision of this chapter is intented to violate, supersede
or conflict with any applicable federal law or regulation
or state statute or local ordinance. In the event of conflict
or violation of any such regulation, the offending provision
of this chapter will be void, but all remaining provisions
will remain in effect.
SECTION 3 DEFINITIONS The following words and phrases wiil
have the following meanings and will apply throughout this
chapter. All other words and phrases used in this chapter
will be the same as in generally accepted common usage.
1. REGULAR FULL-TIME EMPLOYEE - an employee retained
on a permanent basis who works at least forty hours
per week on a regular .schedule throughout the year.
2. REGULAR PART-TIME EMPLOYEE - an employee retained
on a permanent basis who works under forty hours per
week on a regular schedule throughout the year.
3. TEMPORARY OR SEASONAL EMPLOYEE - an employee retained
to fill a position, full or part time, which is of
a temporary or seasonal. nature on a non-permanent
basis.
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SEC TION 3
DEFINITIONS
4. INDEPENDENT CONTRACTOR/CONSULTANT - person or firm
contracted by the city who determine their own hours
of operation and/or use of their own resources in
the performance of their duties and are not directly
employed by the city.
5. OVERTIME - time worked by employees in excess of forty
hours per week.
6. GOOD STANDING - not under suspension or given notice
of discharge by the City Council.
7. TERMINATION - a complete separation of an employee
from employment as a result of discharge, resignation,
retirement or death.
SECTION 4 APPOINTI~lENTS
Subdivision 1.- Selection Criteria. Appointments for
all municipal positions shall be made by the City Council.
All appointments will be made according to merit and fitness
and will in no way discriminate against. any person because
of race, creed, color, national origin, age, sex, handicap,
political affiliations, marital status or belie€s.
Subdivision 2 - Employment of Relatives of Municipal.
Personnel. Whenever possible, the City Council will avoid
appointing any person to a municipal position when such person
is related to any elected or appointed officer or employee
of the City. Appointment or assignment of persons related
to any elected or appointed officer or employee in the same
department is prohibited.
Subdivision 3 - Physical Examinations. Employees must
be medically and psychologically fit for a position which
they occupy in the City. A satisfactory physical examination
shall be a condition of employment. Such examination shall
be conducted by a medical facility designated by the City
Council within one month of commencing employment.
Symptoms of physical illness or psychological problems will
form the basis for requesting an examination by the designated
City Clinic at the discretion of the City Administrator.
Routine examinations shall be required at the discretion of
the City Council. If a physician or psychologist certifies,
that the applicant or employee is not able to perform the
duties of the position, the individual may be transferred
to a position for which the employee is determined by the
City to be qualified, provided such a position is vacant.
If an employee is unable to qualify for an existing position,
or if no position is vacant, such employee will be discharged.
Subdivision 4.- Probationary Period- All regular appointments
in the City service will be subject to the serving of a probationary
period. This probationary period will be regarded as an integral
part of the initial selection and examination process and
will be utilized for closely observing the employee's work,
for securing the most effective adjustment of the employee
to their position and for rejecting any employee whose performance
does. not meet the required work performance standards.
Z-
SECTION 4
APPOINTMENT
The probationary period for all City employees will be six
months. from the date of employment or promotion. A probationaryemployeemaybedischargedfromtheir. position at any time
during the probationary period by the City Council. Promotional
probationary employees, if found to be unsuited for the positiontowhichpromoted, may be reinstated to the position and rate
of pay from which the employee was promoted.
At least twenty days prior to the expiration of the probationaryperiod, the employee's supervisor will conduct a probationaryinterviewandmakeawrittenreporttotheCityCouncilas
to whether the services of the employee have been sat
isfactory and whether the employee should be retained in the
appointed position. Subsequent to the end of the probationary
period, the City Administrator will designate the employeeforregularappointment, reduce to original position, or discharge
the employee. The decision of the City Administrator is final
and will be provided to the employee in writing.
SECTION 5 REGIILAR WORK 80URS
The normal hours of work for all employees will be established
by the City Council with specific work schedules approved
by the City Administrator.
Department heads and supervisory employees are required to
put in any time necessary to perform their duties.
SECTION 6 EMPLOYEE BENEFITS
Only regular employees are eligible for benefits. These benefits
may be changed, amended, clarified, altered or rescinded at
any time by the City Council.
Regular full-time employees are eligible for full benefits.
Regular part-time employees are eligible for holiday, vacation
and sick leave benefits in proportion to their
hours worked per week rated on the following scale:
Under 20 hours per week No benefits
20-29 hours per week 1/2 benefit
30-35 hours per week 3/4 benefit
Over 35 hours per week Fu21 benefit
The number of hours worked per week will be determined at
the time of hiring and will be reviewed quarterly by the City
Administrator.
Temporary and seasonal employees and independent contractorsjconsultants
are not eligible for any benefits provided by the City.
3 -
Subdivision 1 - Holidays The following days are observed •
paid holidays:
New Year's Day, January 1
Martin Luther Ring's Day, the third Monday in JanuaryPresidentsDay, the third Monday in February
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, the first Monday in September
Veteran's Day, November 11
Thanksgiving Day, the fourth Thursday in November.
The day following Thanksgiving Day
Christmas Day, December 25
Floating Holiday, to be used at employee's discretion
CIK.~.t-bt :u.~t-a b~. ~-+~c mot. y~.~ y`~'`)
Whenever one of the above holiday falls on a Saturday., the
preceding day will be observed as a holiday, Whenever one
of the above holidays falls on a Sunday, the following day
will be observed as a holiday.
Subdivision 2 Vacation Leave - Vacation may be used
as earned.
a) Accumulation. The following is the schedule
for accumulation of vacation, based on the
number of years of city service:
0 - 5 years of service
After 5 years to 10 years
of service
After 10 years of service
Employees may accumulate up
twice their annual vacation
must use at least one week
per calendar year.
10 days per year
15 days per year
One additional
day per year not
to exceed 20 days
per year
to a maximum of
leave. Employees
of vacation leave
b) Requests. Vacation leave oust be requested
at least 48 .hours in advance. Vacation requests
are subject to the approval by the employee's
supervisor and may be denied in the event of
an emergency or if the taking of vacation would
result in insufficient manpower to carryout
City business.
c) Legal Holidays during Vacation Leave.. Whenever
a legal holiday falls on a working day during
an employee's vacation leave, that holiday
will not be counted as a vacation day,.
Subdivision 3. Sick Leave Sick leave will be accumulated
for all regular full time employees at the rate of one day
per calendar month and may be accumulated to a maximum of
120 days.
a) Use of Sick Leave. Sick leave may be used
only in the event of personal illness, legal
4 -
SECTION 6
EMP. BENEFITS
quarantine, disability or serious emergencies
such as death or critical illness in the
immediate family of an employee. An employee
must request sick leave from their immediate
supervisor prior to the start of the employee's
work day on each day sick leave is used. An
employee with an extended absence of three
days or more may be requested to file a physician's
statement, signed by the employee, indicating
the nature of their illness. Up to three days
of sick leave may be used to attend to an ill
family member of an employee.
b) Use for Funerals. When necessary, sick leave
may be used by an employee because of a death
in the employee's family. Funeral leave may
be granted according to the following schedule:
Spouse, children, parents, parents-in-law
Up to five days -
Brothers, sisters, grandparents, brothers-in-law,
sisters-in-law
Up to three days -
Uncles, aunt, cousins
One day -
Funeral leave must be taken on consecutive working
days, one of which is the day of death or the day
of the funeral. Any deviations from this policy
will be at the discretion of the City Administrator.
Subdivision 4 Leaves of Absence with Pay Any regular
employee who is required to serve as a juror or
who is under subpoena as a witness in court related
to city business, shall be granted leave with pay
while serving insuch capacity. Upon completion
of jury service, the employee shall reimburse the
city for the amount of jury duty pay, less the amount
received for traveling expenses.
Subdivision 5 Leaves of Absence without Pay Upon request,
a leave of absence without pay may be granted by
the City Administrator fora period not to exceed
90 days. No benefits. will accrue or be paid out
during a period of a leave of absence without pay.
An employee may elect to continue group health and./or
life insurance coverage during a leave of absence, the
entire cost of which will be borne by the employee.
An extension of a leave of absence may be granted by
the City Administrator not to exceed a total of 180 days.
SEC. 6
EMPLOYEE
BENEFITS
Subdivision 6 Parental Leave - An employee who works
20 or more hours per week and has been employed
more than one year is entitled to take an unpaid
leave of absence in connection with the birth
or adoption of a child. The leave may not
exceed 12 months and must begin not more than
six weeks after the birth or adoption of the
child. The employee is entitled to return
to work at the same position and at the same
rate of pay the employee was receiving prior
to commencement of the leave. .City paid health
insurance coverage will remain in effect during
the month the child is born and until the end
of the following month. The employee will
have the option to continue coverage at his
or her own expense for the remainder of the.
leave.
Requests for parental leave must be made in
writing to the employee's supervisor at least
two months prior to the requested leave's
starting date.
Subdivision 7. Health Insurance. Group hea]_th insurance
wi)_1 be provided to all regular full-time emplayees and
their dependents by the City. Each year the City Council
will determine the amount to be contributed by the City.
Subdivision 8. Life Insurance Basic .life insurance
will be provided to alI regular full-time emplayees at
a rate of one times their annual salary by the City.
Subdivision 9. Dental Insurance Group dental insurance
will be provided to all regular full-time employees and
their families by the City.
Subdivision 10. Tuition Reimbursement. To encourage.
individual career development and improved work performance,
all regular full-time employees shall be eligible for
reimbursement for 75 percent of tuition and book expenses
incurred in post-high school .level courses or programs
which are work related or part of a formal degree or
certification program. Prior supervisory approval is
required and the course must be successfully completed
with a grade of B (or equivalent) or better for reim-
bursement.
i t • ~+
SECTION 7 COPlPSNSATION
Subdivision 1 Rates of Pay All pay rates will be set
by the City Council.
6 -
SEC. 7
COMPENSA-
TION
Subdivision 2 Overtime Pay All non-exempt employees
shall be eligible for overtime pay. Overtime will be
paid at a rate of one and a half times the regular hourly
rate of pay for any hours worked over 40 hours in a given
work week. Overtime work must have prior approval by
an employee's immediate supervisor.
Subdivision 3 Compensatory Time Off Exempt employees
shall be eligible for time off to compensate for hours
worked in excess of 40 hours per week with supervisor's
approval. Comp time must be used within 30 days of accrual
unless permission is received from supervisor.
Subdivision 4 Pay Days Paydays for all employees will
be semi-monthly. Employees will receive a paycheck on
the 15th and the last day of each month. In the event
that either day falls on a weekend or holiday, paychecks
will be distributed on the day preceeding the weekend
or holiday.
SECTION 8 PERFORMANCE EVALUATION
There will be a written performance review completed annually
for each regular employee. Performance evaluation forms will
be completed by the employee's immediate supervisor. A personal
interview between the employee and the immediate supervisor
will be conducted.
The evaluation will include a review of the employee's principal
responsibilities, an appraisal of the employee's job performance,
a discussion of problem areas and a plan of action to set
objectives for performance and to assist in alleviating any
problem areas.
All evaluations will be submitted to the City Administrator
for review and made a part of the employee`s personnel records.
SECTION 9 DISCIPLINARY ACTIONS
Employees will be subject to disciplinary action for failing
to fulfill their duties and responsibilities as employees
of the City. The City will administer disciplinary action
uniformly and without discrimination.. Disciplinary action
may include action up to and including termination. Discipline
will be based on the nature and severity of the infraction
and conditions surrounding the incident.
Subdivision l Disciplinary Steps
The employee's immediate supervisor will inform the employee
promptly and specifically of the cause for disciplinary
action. Disciplinary action against any employee will
7 -
be progressive and follow the steps listed below:
SEC. 9
DISC. ACTIOI
I. Oral Reprimand - The supervisor will inform the employee
that "This is an oral reprimand" and will state the
reason for the reprimand..
2. Written Reprimand - The supervisor will submit a
written reprimand to the employee and place a copy
of the reprimand in the employee's personnel file.
3. Suspension - In those cases where one or more written
reprimands have not proven to be effective, or in
those cases where the seriousness of the events or
conditions warrant it, the supervisor may suspend
an employee without pay for a period not to .exceed
thirty days in any one calendar year.
4. Demotion or Discharge - When other forms of disciplinary
action have proven ineffective, or where the seriousness
of the offense or condition warrants it, the City
Council may demote or dismiss the employee.
These subsections are intended only to provide examples of
types of discipline and are not meant to be exclusive, nor
to require the City to exhaust these steps in any particular
instance.
Subdivision 2 Temporary Relief from Duty A supervisor
may temporarily relieve an employee from duty if the
employee is unfit to perform his or her duties. Sick
leave will be utilized when an employee is sick.
Subdivision 3 Grievance Procedure It is the .policy
of the City, whenever possible, to prevent the occurrence
of grievances and to deal promptly with those which should
occur. The .following will be the Grievance Policy of
the City:
Step 1 - Should an employee wish to file a grievance,
the grievance will be filed in writing within ten
working days of the occurrence of the grieved issue
with the employee's supervisor.
Step. 2 - The grieving employee's supervisor will
immediately consider and examine the causes of the
grievance and attempt to resolve it within five
working days of receipt of the grievance.
Step 3 - If the grievance is not satisfactorily
dealt with at the supervisory level, it can be appealed
within five working days to the City Administrator.
8 -
SECTION 9
DISC. ACTION
Step 4 - Upon receipt of the grievance appeal the
City Administrator will review the grievance and
respond within five working days.
Step 5 - If the grievance is not satisfactorily
dealt with at the City Administrator level, a petition
for the City Council to hear the grievance must
be filed within ten working days with the City
Administrator who will then place the grievance
on the next available City Council agenda. The
City Council will have final authority on all
grievances.
Any time limits may be extended by written mutual agreement
between the employee and the City Administrator.
SECTION 10 TER!lINATION OF EI~lPLOY[KSNT
Subdivision 1 Resignation Any employee leaving municipal
service must give at least fourteen days written notice
of resignation.. Upon leaving service an employee will
be compensated for all accrued vacation time.
Failure to comply with this procedure may be considered
cause .for denying such employee future employment by
the City and termination benefits. Unauthorized absences
from work for a period of three working days may be con-
sidered as a resignation without notice.
i Subdivision 2 Involuntary Termination Regular employees
may be involuntarily terminated for any reason nat pre-
scribed by law at the will of the. City Council. The
City Council will give the employee fourteen days written
notice of termination or the financial equivalent thereof.
bdivision 3 Retirement The mandatory retirement age
wi be 70 years of age. On an individual basis, at
the cretion of the City Council, an extension may
be grant beyond the mandatory retirement age.
Within thirty ays of the date on which an employee has
reached the age seventy years or the date to which
their retirement da has been continued as provided
in this section, the a loyee may .apply for and be granted
a continuation of employm t as follows:
1. The employee will make apple tion to the Cauncil
setting forth the date to which hey vish their
period of employment to be continu , and will
submit to the council a satisfactory eport
of physical fitness by a physician appr ved
or designated by the City Council. Such port
will be at the employee's expense and will ow
physical and mental adequacy of the employee
to perform assigned work.
9-.
SECTION 10
TERMINATION
2. Such application will contain any other information
necessary or required by the City Council regarding
the employee applying to the merits of the matter.
3. The City Council may grant the application for
continued employment for all or a part of the
period requested in the application subject
to such conditions as the City Council deems
reasonable.
etired city employees may continue to participate in the
city's health, dental and life insurance programs, at the
prevailing appropriate group rate, at the retiree's expense.
Subdivision 4 Lay-Offs The City Council may lay off
any employee whenever such action is made necessary by reason
of shortage of work or funds, the abolition of a position
or because of changes in organization, provided, however,
that fourteen days written notice be given. No regular employee
will be laid off while there are temporary, provisional or
probationary employees serving in the same class of positions
for which the regular employee is qualified, eligible and
available. Length of service in the same position class will
determine the order of making lay-offs when all job relevant
qualification factors are equal.
Any regular or promotional probationary employee upon receiving
a layoff notice may elect to be reduced to a lower position
within the same department provided the employee has greater
seniority than the employee being replaced or the Iower position
is vacant and the employee has previously held the position
within the last three years.
The decision to be reduced must be submitted in writing within
Seven calendar days of receipt of the notification of layoff.
Subdivision 5 Severance Pay Regular full-time employees
leaving municipal service in good standing or at retirement
will receive a severance payment at the following rate;
1-5 years of service 1 weeks salary
6-10 years of service 2 weeks salary
11-15 years of service 4 weeks salary
Over 15 years service 6 weeks salary
10-
SECTION 11 MISCELLANEOUS REGIILATIONS
Subdivision 1 Travel Ex enses. Employees travelingonmunicipalbusinesswillbereimbursedforworkrelated
expenses incurred. The employee, upon returning to work,
will fill out and submit the appropriate claim form, alongwithcorrespondingreceipts, for reimbursement of such expenses.
Subdivision 2 .Car Ex enses. An employee authorized
to use their personal car on municipal business will be reimbursedforcarexpensesatapermileratesetbytheCityCouncil.
Claims for mileage expense will include the date of travel,the purpose or destination, and number of miles traveled.
Subdivision 3 Uniforms When employees are requiredtowearuniformsintheperformanceofcityduties, such uniformswillbeprovidedbytheCity.
Subdivision 4 Political Activity The political activities
listed below are specifically prohibited by city employees.Employees engaging in any of these activities are subjecttodisciplinaryaction.
1. Campaigning for a candidate or issue during
prescribed working hours or while on citybusiness.
2. Attempting to influence a campaign by specifically
alluding to the employee's position with the
City.
uvut;.e a cads 1~ ~ a,~+pk~ u~y ~
3. Participating in a campaign where such participation
constitutes a conflict of interest between the
employee and the carrying out of duties prescribed
in the employee's job description.
No employee of the City will hold any other office or
employment under the City, County, State or Federal govern-ment, or any division thereof, except such office or
employment which does not interfere with the impartial
discharge of duties or result in the wielding of legislative
or executive authority over conditions of employment
or over service supervisors.
Subdivision 5 Employee Participation in Fire Department
Fulltime employees of the City of Falcon Heights
are encouraged to participate in the Falcon Heights Fire
Department.
1. During regular work hours Employees will be allowed
to respond to fire/ambulance calls as determined
by the City Administrator based upon the relative
p. ~ needs of the Fire Department and the needs of their
py regular work assignments. There will be no compen-sation in addition to regular employment compensation
P
11-
SECTION 11
MISC. REGS.
for providing Fire Department services duringregularworkhours, nor will employees be docked
regular pay for Fire Department service.
2. Outside of regular work hours. Full-time City
employees will be treated the same as any other
member of the Fire Department, including trainingcompensationandretirementbenefits.
12 -
Cc~nscAts...__snds Items:,,
CI17 0! ! 1FIA1lt 3 /8 /89rtiosprte.
EQTJEST TOIL 000NCIL t0lISIDIJLLt~QI =
ITEM DESCitIP?ItM~I:
CHARITABLE .:GAMBLING ORDINANCE
it~lITTED ~~ Paul Mattke, Assistant .City Attorn~q _
LVIEi~ED ~Y •
E3PLAJ~ATIEfIi/St1!@IARY (att~eb alditio~si sets as ~ic~ras7?s
e
Attached is a memorandum from Paul Mattke`addressing c¢ncerns raised by theCouncilattheJanuaryll,..1989 Council. meeting.
ACTI02c REQD'ESTtD:
Discussiam and direction to staff regarding ordinance.
03
JENSEN, HIC~EN, GEI7DE ~ SOiC7CYE, F. A.
A'1"Cb$NEYS ARID COIINSELO~CS AT LAW
BOCK, EDWARD A., Jk
SUCIi>w1pN, JOHN T.300 ANOICA OFFICE CFNTFS
GEDDB, TfIQA4p$ A.2150 1'1~III<A AVENUECROVER, aFTFI II.
I~IICKEN, JEFFREY P.wNOKA,>rtINNES07w 53303-2296
I3GyWAAD, ROBYRT A.
jENSFN, DAVID L.TELEPtIONE tB12) 421-4110
MATTI:E, GAUL F.TELECOPIElt (612) 421-3040SCOTT, M1C8AEL j.
sOUGIE, FitED M.
MEMORANDUM
TO: Falcon Heights City Council
FROM: Paul E. Mattke, Assistant Fa~.CVn Fteights
City attorney
DATE: February 3, 19$9
OF COUNSBL
IiADLEY, CI3AkLES S.
LUTHEE, F.ICHARD L.
RE: Charitable Gambling ordinance
This memo is in response to the questions raised at the
January 11, 1989 Council meeting concerning the extent of
permissible local control over charitable gambling.
F~.rst, you asked whether the City could initiate any proceduretosuspendorrevokeanorganixation~s license during its one-
year term. Under Minn. Stet. §349.16, suspension or revoca-
tion is a state administrative procedure which would be
commenced by the Charitable Gambling Control Soard which
referred me to their attorney, Mary Magnuson, of the AttorneyGeneral's Office (296-7575) because the Board has had no
experience in such suspensions or revocations. MagnusonstatedthatanyproblemsexperiencedbytheCitycouldbe
reported to the Board but, as a practical matter, licensed
organizations usually bend over backwards to aamply with all
regulations in order to remain licensed, because gambling is
so lucrative. The one certain remedy that the City has for
violations of any of its conditions is not to .approve the
renewal application for the next year.
Second, you wondered whether gambling could be a conditional
use, subject to the terms and procedures of the. permit
process. Minn. Stet. §349.213, forbids the City froze
requiring a permit far organizations licensed by the Board.
Furthermore, the City has only 60 days to act on a pendingapplicationtotheBoardandcomplyingwithpublichearingrequirementsandPlanningCozamissionactionmightmaketimely
response difficult in some cases. An approach which probably
Memorandum to Falcon ~Teights City Caunci.],Page 2
February 3, 1989
would satisfy your d®sires in this regard would be to add as aconditionfarapprova3thatthepremises. be ].acated incommercialconesandthatthegeneralconditionsofSection 9-15.04, Subd. 3.a.(1),(2},(5}, and (6}, be met by the licensedpremises.
Third, you asked whether Licenses could be restricted to localorganizations. Cloquet pitched this same question at theAttorneyGeneral's Office, which ducked it by saying that itraisedconstitutionalissuesbutthendidnotanswerwhetherornotitcouldbedone. Magnuson and I both believe that achallengeunderthe14thAmendmentEqualProtectionClausewouldbelikelyifsucharestrictionwereadapted. Addi-tionally, restricting licensee to local organizations might beviewedasanattempttooircumventthesection349.213, Subd.1 restriction on designation vP profits to ten percent.Nevertheless, such a restriction would be presumed valid untilchallenged.
Last, you wondered whether the number of licenses could belimited. There is no specific statutory authority for anumberlimitation, as there is in the case of vn-sale liquorlicenses, but Section 349.213, Subd. 1, does permit cities toexercise "more stringent requlation~' of gambling than does thestatute. That arguably might include the number of licenses,but the City would have to have a rational basis (a reasonableconsiderationbasedonfact} for the limitation in order toavoidbeingarb~.trary.
Attached, for your refere
349.213. As soon as youdesires, we will prepareParyourconsideration.
PEM/abg
nce is a copy of
provide further
an appropriately
Minn. stat.
direction as to your
redrafted ordinance
Attachment
EBM103 '89 1441 , ENSEN HICKEfV 6EDDE SOUCIE P. A. -^-^P.4/4
AMFS OF CHANCE 7396 7391 a11V(i0, GAl10I.nVG DEVIC€5, AND V[DEO GAI~€S t3F CtlAATCE 319.214
arrested, the court shall issue an order Subd. 4. Traasportiog awmnped deals. No person shall transport into, or
avt any right, title or interest in, err lien eive, carry, pr move from place to place in this state, aDy deals of pull-tabs or
own cleaning any right, title, interest tipb~~ not stamped in accordance with this chapter except in the oourst ofinterstate
stating that it was seized and that ;commerce, unless the deals art moving from one distributor to another.
la#i°°- has been filed with the Court, (2)Hisbocy:l9$8 c 719 aR 9 s 13
rotor their answer ro the complaint,ght or title to, interest ia, or lien uponofihtorder, and (3) aatifying theta ~349.Zi3 L~UCAY. AUI~0g11Y.
h hrwithinthetime, the property wiy b
as t eSubdivision1. Focal regst~ion. A statutory or hv3nt rnk city err county
ifeshallcausetheordertobeserveduo
ng within itsulgambla„thority to adopt more stringent regulation of any form of ]aw
ipn
t' brie' interest' ~ lieu ~ ~ ~f
rej~isdiction, including the proh~ition of arty form of ]awful gambling, and may requ
3o
wn bans by publication as Frovid d
49.214.S permit for the conduct of pmb~ng exempt from licensing under section
to
wee is filed within the time presort'bed,
exceed S 1 D0. Tlu authorityThefeefarapermitissuedwaderthissubdivisionWrayno
scanted by this subdivision dots not include the authority to require a license or peruut .strator, setting forth the fact, order
proceeds of the sale, after deducting tl to conduct gambling by organizaYiom or salts by distributors licensed by the board. The
iu
is of sale, must be paid into tin slate
re anauthority. granted by this subdivision does not include tau authority to requ
orgaanization to make speci5c expenditures ofmore than ttn percent from its net profitssorerisfiledwithinthetimeproyded,hall be rat less than ten nor wort th derived from lawful gambling For the purposes of this subdivision, net profits are
l hanAithetimefixedfarhearing, ual~
e c arterprofitless ~o~~ expended for allowable expenses. A statutory or home ru
city ~ a county may not require an organization conducting lawfW gambling withinanddeterminedbythecourt, without its junsdiction to make an expenditure to the city err cotmtg as a oDaditian to operate
within that airy or county, except as authorized under section 349.16, subdivision 4,
y part of it, was used in the viola:iau or section 349312.
nlawfully used, sold as providedvp~e court that the owner had
Subd. 2. Local approval. Before issuing or renewing an organiz$tion license, the
ihepleyw'~ used or intended to bC
n which thebondmustnotifythecitycouncilofthestatutoryorbomtrulecity
organization's premises are located or, ifthe premises are located outssde a city, by theafterdeductingtheexpenseofkeepingofthesate, shall pay a!l liens accordin county board of the county and the town board of the town where the premises are
th liiigringasbeingbonafideatadasexistiaj
e censesapprovnglocatedIfthecitycouncilorcountyboardadoptsaresolutiond
and sa informs the board within 60 days of receiving notice of she license, the licx!nse
ge that the property was being used pr -
W the violation specified in the vttler Y not be issued or renewed.
proceeds into the state treasury to be . ~HisWry: 1Sa84 c 302 an 11 s 18.19$6 c 467 s 2S; 1987 c 327 s 21; 19$8 c 70S s 1
section shaII free the property sold frmA :'
of the district court will lie as in ether ~ ~ .34.4.214 F~Cp.MP'IZONS.
cles specified in this subdi "° ~~a~ ~ 'Subdivision 1. Bingo. Bingo may be conducted without a license and without
use be returned to the ownex petsoe eomplying with sections 349.17, subdivision 1, and 349.18 if it is conducted:
tion of a good and valid bond m the ~.,. ~..1) in connection with a county fair, the state fair,. or a civie celebration if it is not
than S 100 and not more than double ~conducted for more than 12 consecutive days is a calendar year; or
by the court is which the case is triable,2) by an organization which conducts four or fewer biaago occasions in a calendar
and the judgment ofthe court, and to ~ •
the seizure. The seizing auWority ettty Ste- l a. Bray certaig orgasiiztttiorts. Bingo may be conducted within a nursingoawhentheseizingauthorityooasid~ .
do so or a senior citizen housing protect or by a senior citiztn organization without
compliance with sections 349.11 to 349.213 ifthe prizes for a single bingo game do not
exceed S 10, total prizes awarded at a single bingo occasion do oat exceed 5200, no mare
than two binge accations sr+e held by the organization or at the facility each week, only
members of the orgaairatioa or residents of the nursing bona or housing project arc
n shall with intent to defraud the ststt;;allowed to play in a bingo game, ao compensation its paid for sny parsons who conduct
r stamp provided for in this chapter, of . • ,the bingo, a manager is appointed to supervise the bingo, and the manager registers
red stamps, with the intent, or with eft with the board. 'Tht gross receipts from bingo conducted under the limitations of this
d by this chapter.subdivision are exempt from taxation under chapter 297A.
gyn. 1~To person, other than a lioeatod •Subd. 2. iatwdnl gamaffitg. (a} ItaBles may be conducted by an vrganizatiozJ as
with intent to scA or offerlor ~Mined in section 349.12, subdivision 12, without complying with sections 349.11 toa+:ce will, the provisions of till;349.14 and 349. i 51 w 349.213 if the valor of all rake prizes awarded by the orgattiza-
tion in a calendar year does not exceed 5750.
person required by section 349.2i2~`: : -~.b} Llwfitl gambli>g any be conducted by an organization as defined is section
ns shall falsify or fait to keep the revotdt 349. ! 2, subdivision 12, withotu complying with sections 349.11 to 349.14 and 349. I S l
b 349.212 if
8
i
February 6, 1989
ADDENDUM TO AGENDA FOR FEBRUARY 8 , 1989
F-8 Schedule Workshop on Strategic .Planning
ACTION: