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HomeMy WebLinkAboutCCAgenda_89Jul12CITY (~ PALOQN HEIf:HTS t!{lifi ss/ 17Q7 A. CALL TO QiDffi2: 7~ F:!!. , B. ROLL CALL; P. CHE[JOWETH WALLIN BALDWWIlg S. C~1 ATTORiVE'Y C . APPROVAL OF D~` ~+?E 28, 1989 D. PUBLIC ~: E . CONSENT A[i: 1. Disburses: a. G~ral is through July 12, 198.9. $~ -~' b. Pa~ra32~ C6r-~{30/89, $11.,007.97 2. Cancellou bkr. 22419 3. Appoint of eery, 1918 Autunn,to Solid e 4. Request fcar licxessory Use-Utility Bldg. - B. Leo~ad' Hnd~+e 5. Licenses.: a. s~1"~c~ss: Y Air Conditioning and F~ectrit Roe#~ b. oFr Bc+a~t `onR Inc. F. REPORTSr ~~`' TIONS: 1. Rev~r- Policy t _, } ACTIffi: 2 , ~ I~mcipal Regulations z~ Regulation of Dogs 5-2 AC'lTt 3. Refit t~•ving the Tax Delinquency prc-~ian of ~ -:Liq~r License Requirements ACTS=" I 4. Donation to Ramsey County Sheriff's Department Lakes and Trails Reserve Unit ACTION: _ 5.PERA Contributions Increase ACTION: 6.Ambulance Bid Award ACTION: 7.Contract for Cleaning Service for City Hall ACTION: 8.Amendment to Administrator's Employment Agreement ACTION: G. ANNOUNCEMENTS AND UPDATE: H. ADJOURNMENT: ACTION: a. MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1989 Baldwin called the meeting to order at 7:05 P.M. PRESENT Baldwin, Bush and Ciernia. Also present were Wiesner and S. Chenoweth. ABSENT Wallin and P. Chenoweth. (Chenoweth arrived later.) MINUTES OF JUNE 14, 1989 APPROVED Council approved the Minutes of June 14, 1989 as presented. CONSENT AGENDA APPROVED Council approved the following Consent Agenda: 1. Disbursements: a. General Disbursements through 6/28/89, $48,768.84 b. Payroll, 6/1/89 -6/15/89, $11,194.93 2. Appointment of Joseph Martinez to Fire Department 3. Cancellation of Checks Numbered 22370 and 22411 4. Resolution R-89-15 Requesting Metro Councils~~.HRA to Apply for and Implement a Deferred Loan Program Within Falcon Heights 5. Licenses: a. Classic R and R, General Contractor #344 b. Minnegasco, Mechanical Contractor #349 6. Permanent Appointment of Tom Kelly as City Accountant P. CHENOWETH ARRIVES Chenoweth arrived at 7:10 P.M. CITY TO REQUEST REDUCTION OF SPEED LIMIT ON FAIRVIEW AVE, LARPENTEUR AVE. TO ROSELAWN Council briefly discussed a letter from John Shelander, 1761 N. Fairview, requesting that Council consider reducing the speedlimitonFairviewfromLarpenteurtoRoselawn, and commented on the fact that the speed limit north of Roselawn is 35 miles perhourand40milesperhoursouthofRoselawn. Staff was directed to request that Ramsey County consider reducing the speed limit on Fairview south of Roselawn to 35 miles per hour. STATE FAIR "NO PARKING" SIGNS DELETED FROM AGENDA. Item F (2) relating to posting of "No Parking' signs during the State Fair was deleted from the agenda. CITY TO NEGOTIATE RECYCLING CONTRACT WITH SUFERCYCLE, INC. S. Chenoweth reviewed the proposals for recycling services MINUTES JUNE 28, 1989 PAGE 2 submitted by Waste Management Blaine, Ramsey Recycling, Inc., and SuperC~cle, Inc., and presented the Solid Waste Commission's recommendation that a contract be negotiated with SuperCycle. Following a discussion, P. Chenoweth moved such a contract be negotiated with service to begin July 7, 1989 and to continue through December 31, 1990. Motion carried unanimously. CONFLICTS IN CODE RELATING TO OFF-STREET PARKING WITHIN 10 FEET OF ANY STREET RIGHT-OF-WAY REFERRED TO PLANNING COMMISSION AD HOC PARKING COMMITTEE Council briefly discussed problems created by the City Code requirement prohibiting parking within ten feet of any right-of-way, and whether or not the code should be strictly enforced. Council concurred that .this item should be referred to the Planning Commission Parking Committee for study and recommendations. BUETOW AND ASSOCIATES CHOSEN AS ARCHITECT FOR THE COMMUNITY PARK. BUILDING Bush informed Council that the Parks and Recreation Commission interviewed four architectural firms, Kodet Architectural Group, Hils Gilbertson Architects, Inc., Buetow and Associates, and Runyan Vogel Group Architects, and recommended the hiring of Buetow and Associates to prepare plans for the Community Park Building. Linda McLoon, Commission Chair, explained that the Buetow firm was preferred by the Commission as they had more experience with local park projects and seemed more willing to work within the City budget than the other firms. Ciernia then moved the hiring of Buetow and Associates which carried unanimously. Bush asked if Council wanted to limit the scope of the project to 5100,000 (the amount of funds presently available) or if they were open to expending additional funds. Following a discussion Council concurred that the architect be requested to submit proposals in the $150,000 to $200,OOU range and requested a workshop be planned with the Parks and Recreation Commission to review the architect's plan for the park building. DISCUSSION OF ST. PAUL WATER UTILITY CONTRACTS Tom Kelly informed Council that he had attended a meeting with other communities who have contracts with the St. Paul Water Department, to discuss the 20~ mark up over the St. Paul rate which is charged to suburban communities. Options discussed were 1) to keep the contracts as presently in force, 2) create a Water District with each city having representation, or 3) pursue special legislation that would require an outside source such as the Public Utility Commission to establish rates for the contracts. Council expressed a preference for Option 3 as being the least costly, however would be interested in more details on Option 2. Staff will continue to work with the other cities on the matter, c MINUTES JUNE 28, 1989 PAGE 3 PROPOSED 1990 BUDGET TIMELINE PRESENTED - WORKSHOP SCHEDULED FOR 9-16-89, 8:OOA.M. Wiessner presented a proposed schedule for the 1990 Budget process and asked that Council set a Budget Workshop. Following a brief discussion, Ciernia moved that a budget workshop be scheduled for September 16, 1989 at 8:00 A.M. which carried unanimously. ADDITIONAL "LIVING IN FALCON HEIGHTS" BOOKLETS TO BE ORDERED Council approved the ordering of 500 copies of the booklet Living in Falcon Heights" to be funded from Account 401-20, Mayor and Council-Communications Budget. ADOPTION OF RESOLUTION R-89-17 RELATING TO FUNDING OF UNIVERSITY GROVE STREET LIGHT INSTALLATION PROJECT Kelly requested approval fo Check No. 22419 issued to Northern States Power in the amount of $20,294.?0 for the University Grove Street Lighting Project, and the Adoption of Resolution R-89-17 indicating the intention of financing the project through the sale of debt. P. Chenoweth moved adoption of the Resolution which carried unanimously. RESOLUTION R-89-17 A RESOLUTION APPROVING CHECK N0. 22419 IN THE AMOUNT OF 20,294.70, TO NORTHEN STATES POWER FOR INSTALLATION OF EIGHT STREET LIGHTS IN UNIVERSITY GROVE AREA AMENDMENT OF CITY COMPENSATION PLAN TO INCLUDE CITY PLANNER POSITION Council approved amendment of the Compensation Plan to include the new part-time planner position. SUSAN HOYT-TAFF APPOINTED PART-TIME PLANNER Wiessner informed Council that the Interview Committee had interviewed four excellent candidates for the planner position and that Susan Hoyt-Taff has been selected for the appointment. Ciernia then moved the appointment of Susan Hoyt-Taff as part-time Planner, Range 2, Step 1, ($1,980/month), pro-rated on an hourly rate of $11,42/hour. Motion carried unanimously. Ms. Hoyt-Taff was, in attendance and gave a brief resume of her background. MINUTES JUNE 28, 1989 PAGE 4 CITY ADMINISTRATOR PERFORMANCE EVALUATION Baldwin explained that each Councilmember had completed anevaluationandthatWiessner's perf ormance was found to be wellbeyondsatisfactory. Baldwin will contact each Councilmembersoontodiscussthematter. ADJOURNMENT The meeting was adjourned at 8:30 P. M. Tom Baldwin, Mayor ---- ATTEST : Shirley Chenoweth ------'--City Clerk ---- Consent X Agenda Item: E-~- Policy CITY OF FALCON HEIGATS Meeting Date: 7/12/89 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Disbursements SU$MITTED BY:Tom Kelly REVIEWED BY: ERPLANATION/SUMMARY (attach additional sheets as necessary): a)General Disbursements through July 12, 1989, 64,072.31 b)Payroll, 6/16/89-6/30/89, $11,007.97 ACTIOT REQUESTED: Approval OOOOM~IIN~OOa~~-1 ~1OOU1OOd'OOOOOO~OOOOOOOMt~OO 0 0 t~ O O l0 t~ M l0 61 O ~'`~ O O N O O l~ O O O O O ~O Ol O O tf1 0 0 0 0 l~ l0 O ~f1 OOOd'd'~Md1l~C7'MCI'NtnNI~NO~-i~f1C1'1~O00d11Oi.Cld'I~ONlO~f1MHNt~ M 61r-I~--INlplO61l4NMMr-IMF-IOIMMNOICO~I'010~~1'NOr-IOM~-•I 10~-IM in• N lfl 00 t!'1 tCl r-I d' ~ rI ri d' ^I 'd' N r-I i-i r--I r-i i~ N O r-I d' d' N .--I N v Ol U (A ro ro f1, V C7~ U] rn .c •r-I ro 71 N CP O C N C ~ 1~ s~ !A N G >~ O ~ N .~ E O E ~ N~ E~ N N ~ N ~ O r-I ~ v +~ v «~ N r-t ro v v tT E S~ N O~ N v ~ ~~mrnxvs;r ro v~ro ~ U E.u ~o ~,~ ~+ v ro s~ 3 ~+ ro v ~ cn.,~ s, v ~ N s~ ~ C ,5~~ U n3 ~ v v ~ v ~I ~ v +~ ~ .-I ~ 1.1 ro C2, E •'•I u1 •rl ~+ .~ •rl v W -r-I ~ 1•i G~ to •r-I •r-1 c ~, m ~ •~ v~ v v v +~ v~ ~ ro C1, 3 v ~ v J-~ O '.7 C r-i ',3' f!1 e-~ ~-I C., S-I r-i f!~ r-I l.! 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G4 30-Jun-89 Outstanding 017594 000000008 Brown, Raymond F.6 03 monthly 2 63.60 34-Jun-89 Outstanding 617595 400606009 Bush, Patti J.b G3 monthly 2 238.65 30-Jun-89 Outstanding 017596 060004010 Chenoweth, Philip E.6 03 monthly 2 293.00 30-Jun-89 Outstanding 617597 0000CK~012 Ciernia, Paul C.6 03 monthly 2 250.04 36-Jun-89 Outstanding 617598 400004418 Holmgren, John M. Sr.b 03 monthly 2 135.00 30-Jun-89 Outstanding 617599 040000022 LeMay, Dennis G.6 43 mthly 2 56.00 3G-Jun-89 Outstanding 017600 000000024 Lindig, Leo 6 G3 monthly 2 303.34 30-Jun-89 Outstanding 017661 000006633 Schauffert, Craig F.6 43 monthly 2 135. G6 30-Jun-89 Outstanding 017602 600000034 5mida, Gail 6 03 monthly 2 63.40 36-Jun-89 Outstanding 017603 004040637 Wallin, Gerald E.6 03 mthly 2 244.40 30-Jun-89 Outstanding 017604 000000039 Morgan, Jay b 03 monthly 2 41.50 36-Jun-89 Outstanding Grand Total 11,007.97 Consent X Policy CITY OF FALCON HEIGATS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-2 Meeting Date: 7/12/89 ITEM DESCRIPTION: Cancellation of Check No.22419 SUBMITTED BY:Tom Kelly REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): Check No. 22419, dated 6/28/89, issued to NSP in the amount of $20,294.70 had error in the amount. Check reissued. ACTIOT REQUESTED: Approval Consent ~ Policy r L CITY OF FALCON ~iEIGATS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-3 Meeting Date: 7/12/89 ITEM DESCRIPTION: Appointment of Martin McCleery, 1918 Autumn St., to Solid Waste Commission SUBMITTED BY:Tom Baldwin REVIEWED BY: ~Solid Waste Commission EXPLANATION/SUMMARY attach additional sheets as necessary): Mr. McCleery's appointment would fill the vacancy left by the resignation of Benno Salewski - Term to expire ).2/31/91 ACTION REQUESTED: Approval as recommended by the Solid Waste Commission i• FALCON HEIGHTS COMMISSION/COUNCIL APPLICATION DATE ~ - 7- ~ CJ NAME sdr 9I ADDRESS : ~ y~~' f~jj ~ /.~7/~ ~ / SHONE Z ~ -6 ~U S HOW LONG AT ABOVE ADDRESS ? z ~ y~S Co y G - / S~~ }~ IN WHAT CAPACITY DO YOU WISH TO SERVE? ~ ~j~ ~ ~~~~~~ REASON YOU WISH TO SERVE ON ABOVE: ` ~ Q-y4- ~ ~ 1~ PRIOR PUBLIC (OR RELATED) SERVICE: 0 yLI; c'H,ic, p~-t~l w ~ .SCI ~ ~.Fw~. ~1~ r (~o(c„~.~..., r~~~ s~,,~~~, . OTHER RELEVANT BACKGROUND (OR COMMENTS): Consent E-4 Policy CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-4 Meeting Date: 7/12/89 ITEM DESCRIPTION: Request for Permitted Accessory Use - Utility Building SUBMITTED BY: H. Leonard Boche, 1776 Fry St. REVIEWED BY: ~ Planning Commission EXPLANATION/SUMMARY (attach additional sheets as necessary): A) Application B) Description of the shed C) Site Plan D) Copy of Section 9-4.01, Subdivision 3(i) Planning Commission recommendation will be available for the meeting. ACTION REQUESTED: c FALCON HEIGHTS t~,~ 2077 W. LAaPENTEUR AVENUE FALCON HEIGHTS, MN 55113-559a PHONE 612-644-5050 APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Commission Adion/Date Date of Application ~ ~~Council Action/Date Fee Paid Applicant ~ f / ' /, /Name: d.J o~ '~ ~D NGt Y/ ~Y" 7 - ~~~ c~ L u.~~ ~ uau. rllvttc `~ Address: y' ~, ~q ~d ~ ~!-~ Street City Stat Zip Code Owner Name: - _ Address: Street City State Zip Code Street Location of Property in Question: (7 ~ / ~~ Legal Description of Property: Type of Request: Rezoning Variance ~ _ . Conditional Use. Permit Subdivision Approval Plan Approval Other (specify} C~2- Applicable Zoning Code Number: Chapter - Section ..~•t,,~~, 3 -- t Present Zoning of Property: ~_ Present Use of Property: ~~ s ~ o ~ ,~ I hereby declare that all statements made on this reque; ~on the adanal material are true. L~ Receive by (name, title B. weekend with the ua~~gqw pot ~ ~ ~~_` ~ ' *''-~'~ ~. fern kit.Pockoge iesdudes all building ~ ,_ moteriols, sh{ngles, lwrdwore and pottem - kk. ~ 5 r ~ ~6b !l sJ. fD~ o sZor.Jf`1!L- ~- ARD6oN~{~ i 1_i .r.tMATERiAtt ~` i 'E t0'~1:10' itEL ~ACKA~-t y: % ~ { ,, ~ ; • • 1 fos to bvi{d L rt's unt ue s tem ~ 'Y Q Ys ~,~ ~\ makes fi si ple to ge essiorwl ~`r results. P ko a includes i mo~eriols tx~d i)iv te~instructions. ~~ QQ • I O 8 . . Y-QE S tZ- 3a~~ TL- - TREATED l..o ~^~` P5 ~ THE ~2.~~tNkE~ ~n~ C. M~ (- '~ir~f,~ - - -~ w ./ 0 ~ ~~iV s r c D. PLANbTING AND DEIIELOPt~NT 9-4.01 f. Essential serwioe atruotures, provided no building shall be located within fifty (50) feet from any lot line of an abutting lot in an "R" use district. The arohiteetural design of service structures should be compatible to the neighborhood in which they are to be located. g. Go1P oouraes, country clubs, tennis clubs, public aWimaing poolsservingmorethanone (1) family. h. Off-street parking--t,~hen the proposed site of the offstreet parking abuts on a lot which is is a *B" district and sub3ect totboseconditionsset .forth in Section g-13.04 and such other conditions as found necessary by the council to Derry out .the intentofthisCode. However, such off-street perking shall be permitted as a conditional use in asy "R-1" One Family Dse District for church parking purposes. ' i. Room aad/or Board for up to 4 persons. Home ooeupations not meeting the definitions and requirements oP Falcon Heights Or. 9-14.01, Subd. 25. lsrbdivison 3. Permitted Accessory IIass. ~To aaoessory atruatures yr of land $hali be permitted ezcept for one or sore of the followingads : _ .. a. Home occupations meeting the definitions and requirements of Falcon Heights Or. 9-14.01, Subd. 25. b. Private tennis court, provided no portion of the paved or fenced area is within a required front yard or less than 10 feet from a property line. c. Private garages, carport and parking apace as regulated in 9-2.04. d. Private automobile repair or reconditioning as regulated in 9-13.07. e. Gardening and other horticultural uses where no retail sale of products is oondueted on the premises. f. gasping of domestic pets as required in the Code. g. Sagas as provided in Subdiviaioa 6 of this Section. h. Decorative landscape feati:res sad fences as regulated herein. 39 D-1 PLANNING AND DEIIELOPI~NT g-~1.0 ~ a ~ J , ~ -assDr~r i tether' than",•i~etiobed private s aefisted3rerein. '?6e design cad plsoeant of the sooessory ;ldinga coat be approved by t~tte ~.~city -~aiaail eta ~eiag ~.n #~ra~nyththesurrowadir~ residential ~aisbborhood` after review andoossendation -.by the Plaaat,ag fcssission. J. Buildings temporarily located for purposes of oonstruoting onthepremisesforaperiodcottoe=oeed the time neoessary for suchoonstruction (approved by zoning adsinistrator). Subdivision q. Lot Area, Height, Lot Yidtb cad lard Requirements. a. No structure or building shall exoeed two (2y stories ortwenty-five (25) feet in height above ground level, whichever islesserinheight, a=dept as provided in section g-2.07 of thisChapter. b.' A side yard abutting a street shall cot be less than thirtyteat. e. The following sinimum requirements shall be obseiyed ub~eot totheadditionalrequirements, exceptions and sodifieations as setforthinthissectionandsection9-2.03. Front Side RearHeightLotAreaLotWidthYardYardZard 1 Story 10,000 sq. ft. 75' interior 30' S' 0' lot 3 90' corner lot 2 Stories 10,000 sq. ft. 75' interior 30' 7.5' 30' lot 90' corner lot Subdivision 5. Off-Street Park nc and Loading. a. Regulation of off-street parking and loading spades in this Codeistoalleviateorprevent-congestion of the public right-of-way andtopromotethesafetyandgeneralwelfareofthepublie~byestabliahiag~ninimun requirements for off-street parking, loadingandunloadingfromactorvehiclesinaccordancewiththeutilizationofthevariousparcelsoflandandstructures. 40 Consent X Policy CITY OF FALCON IiEIGHTS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-5 Meeting .Date: 7/12/89 ITEM DESCRIPTION: Licenses SUBMITTED BY: S. Chenoweth REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): Mechanical Contractors -RENEWALS Blaine Heating, Air Conditioning and Electric #350 13562 Central Avenue N.E. Anoka, MN Boehm Heating - #354 - 1598 Selby St. Paul, MN General Contractor - NEW Mojek Construction - #351 6483 Bonner Ct. Inver Grove Heights, MN 55077 Booker Construction, Inc. - #352 533 N. St. Albans St. Paul, MN 55104 ACTION REQUESTED: r Consent Policy X CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: F-1 Meeting Date r/12/89 i~G/i~'r~ July 6, 1989 File: 330-012-70 CONSULTING ENGINEERS Maier Stewart & Associates Inc. Ms. Jan Wiessner, Administrator City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 RE: Assessment Policy Dear Ms. Wiessner: As directed at the last City Council meeting, we have proceeded with arlanalysisofthetwodifferentmethodsofassessingcollectorstreets. Asyourecall, the two methods were a non-abutting area collector assessmentversusanadditionalamountontheresidentialequivalentrate. Ouranalysisindicatedtheamountwhichwouldbeneededtoaddtotheequivalentresidentialratecouldbeashighas $5.00 per front foot. This added amount seems rather high especially considering that some areassuchastheUniversityGrovedoriotevencontainacollectorstreet.Therefore, we are proceeding to prepare a final draft of the City'sassessmentmanualbasedonOption #2 City Council Discussion as outlined inourJune7, 1989 letter. It is our understanding the list of collector streets includes thefollowing: Roselawn Avenue Cleveland Avenue Fairview Avenue Larpenteur Avenue Hamline Avenue Hoyt Avenue (not in the University Grove)Arona Street Pascal Street Albert Street Garden Avenue We are not totally clear on what percentage of collector street cost isassessedonanareabasisorexactlyhowlargeofarea. Perhaps the area 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 Ms. Jan Wiessner July 6, 1989 Page 2 collector assessment rate should also be a set amount adjusted annually. Wewouldrequestcommentonthelistofcollectorsandsomeclarificationonthedeterminationofassessmentarea. Sincerely, MAIER STEWART & ASSOCIATES, INC. Terry J. aurer, P.E. TJM/lf Consent P~icy X CITY OF FALCON SEICHTS EQUE8T FOR COUNCIL CON810ERATION Meeting Date: x/12/89 Agenda Itq: F-2 ITEM DESCRIPTION: PROPOSED AMENDMENT TO MUNICIPAL REGULATIONS AND LICENSING 5-2.01REGULATIONOFDOGS (5-2.07 and 5-2.09) SjTg?fITTED $y; Carol Carlson it£VIEWED BY: Shirley Chenoweth Jan Wiessner E%pLlWATION/SUIIISARY (attach additional sheets as necessary): Staff recommends approval of an amendment to the City Code regulatingthecontrolofdogs. The proposed changes deal with a situation whenadoghasbittensomeone. Currently, regulations allow for the dog to be impounded at the owner'shomeifthereisproofofrabiesvaccination. The proposed changes addtwootherconditions - the owner be an adult and sign a statement takingresponsibilityandthebiteoccurredontheowner's property. These twoadditionswillprotectallinvolvedinsuchasituation. The issue was brought to the city's attention by *_he Animal ControlOff~.cer at the time we met to develop procedures for i:apleme^.tation oftheAnimalControlContract. ACTS REQIIESTED: MUNICIPAL REGULATION & LICENSING 5-2.01 ART 2. REGULATION OF DOGS 5-2.01 Dog_Regist_ratio_n Required. No person shall own, keep or harbor anydogovertheageoffourmonths, within the City unless a license has firstbeensecured. Licenses shall be issued by the city for a fee as stipulated inSection5-13.01 (License and Permit Fees of the Code). Upon payment of theregistrationfee, the city shall provide a tag and license to the owner. 5-2.02 Tags. The owner shall affix the tag by a permanent metal fastenertothecollarofthedoginsuchmannerthatthetagmaybeeasilyseen. The owner shall see to it that the tag is constantly worn by such dog. In case anydogtagislost, a duplicate may be issued by the clerk for a fee as stipulatedinSection5-13.01 of the Code. 5-2.03 Offenses I_nvolving_Tags. It shall be unlawful to counterfeit or attempt to counterfeit the tag provided for in subdivision 2 or take from anydogataglegallyplaceduponitbyitsownerwiththeintenttoplaceituponanotherdog. 5-2.04 Tags Not Transferable. Dog tags shall not be transferable and norefundsshallbemadeonanydogregistrationfeebecauseofleavingtheCityordeathofthedog. 2.05 Definitions_ a. "Person" means any person, firm or corporation. b. "Owner" means any person owning, harboring or keeping a dog. c. "Kennel" means any establishment except a licensed veterinary clinic or pet shop with a conditional use permit, where more than three dogsovertheageoffourmonthsarekeptforanypurposeincludingpets,boarding, treatment, breeding, sale or sporting purposes. 2 MUNICIPAL REGULATION & LICENSING 5-2.01 2.06 Leashing of Dogs and Feces Clean-up. a. An owner of a dog or any person in possession or control of a dogshallnotpermitittobeonanypublicpropertyorinanyunfencedarea of private property unless the dog is effectively restrained by a leash or chain not more than six (6) feet long. b. An owner of a dog or any person in possession or control of a dog, whether leased or not, shall have the responsibility to clean up any feces of the animal and to dispose of such feces in a sanitary manner. 5-2.07 Dogs Which Are Public Nuisances. Any dog which exhibits any of the following behavior is hereby declared to be a public nuisance: a. Causes noise, disturbance or annoyance to persons residing in the vicinity by loud and frequent barking, howling or yelping; b. Running at large; c. Destroying property or habitually trespassing any property of a person other than its owner; d. Attacking or biting a person;e~-s-~sl,~ -~e-ec~~e~'s -e~-~s~ed~-ac's r om i n ~'ESjL - ~- e. Showing vicious characteristics or molesting pedestrians or interfacing with vehicular traffic on public right of way. 5-2.08 Interference with Enforcement. It shall be unlawful for any authorized person to take or attempt to take from any officer any dog taken up by him/her in compliance with this chapter or in any manner to interfere with or hinder such officer in the discharge of his/her duties under this chapter. 5-2.09 Quarantine. Whenever any person owning, possessing or harboring anydogwithinthecorporatelimitsofthecityshalllearnthatsuchdoghas bitten any human being, such person shall immediately impound said dog in anyplaceofconfinementwhereitcannotescapeorhaveaccesstoanyhumanbeing or other animal and shall also immediately notify the city. Whenever the cityshall-learn that any human being has been bitten by any dog within said city,the city shall ascertain the identity of such dog and the person owning, possessing or harboring it and shall immediately direct such persons to forthwith impound such dog as herein required until the animal control officer an poundkeeper can be notified and the dog impounded at the pound. Any dog so impounded shall be kept continuously so confined for a period of at least ten days from the day the dog bit a human being. 3 MUNICIPAL REGULATION & LICENSING 5-2.01 pon learning that a dog has notify the designated animal in Section 16(b) herein, and temporarily impounded. T_he animal_pound__ The dog may h. bitten a human being, the city shall immediatelycontrolofficerandthepoundkeeperprovidedfor inform him%her them of the place where the dog is dog shall be impounded at the city's designated s impounded at the home of its owner provided that: 1) proof of a current rabies vaccination can be shown by the owner;2) the_owner_is an adult and takes responsibility for the quarantineexecutingaformacknowledgingtheresponsibilityandcompl~ring_wits _te_rms; and_ 3) the_bite_occurred_on_the_owner's_property_ h.e- ~v®~.~ -~h..e -deg- l~s~ net -beep .~r~-~~.z. ~~ed ~#~r r--,t~ .,eta-~.-l ~e -~~ -~-~e ~-t~e- ~e -af- fie- A~u~l~ee~er . €~ ~e ~-d err-a~-tom.---e~- -tomeu~-t --~:ed, It shall be the duty of said poundkeeper to inspect saiddogasnecessaryduringitsperiodoftendaysconfinementandtodeterminewhethersuchdogisinfectedwithrabies. For this purpose he/she shall haveaccesstothepremiseswheresuchdogiskeptatallreasonablehoursandmaytakepossessionofthedogandconfineitinasuitableplaceattheexpense oftheowner. The owner or person in possession or harboring such dog shallimmediatelynotifysaidpoundkeeperofanyevidenceofsicknessordisease inthedogduringitsperiodofconfinementandshallpromptlydeliveritscarcasstosaidpoundkeeperincaseofitsdeathduringsaidperiod. 2.10 Prohibition of Kennels. No kennels may be established in the City. 5-2.11 Appointment of Animal Control Officer and Poundkeeper. a. The council may appoint such person, persons or firm as the Council may deem necessary and advisable as animal control officer for theCity. Such animal control officer shall be charged with the duty ofenforcementofthissectionandshallbevestedwithalltheauthorityconferredhereby, including the power to issue a summons requesting aviolatortoappearincourt. The council may provide for such compensation for the animal control officer as it may deem reasonable.The animal control officer shall file a reports with City as requested. b. The council shall appoint such person, persons or firm as thecouncilmaydeemnecessaryandadvisableaspoundkeeperfortheCity,and the council shall designate or establish a pound in which dogs taken up under the provisions of this section shall be impounded. ThepoundkeepershallbecompensatedinsuchmannerastheCouncilmay deem 4 PIRA r~butions ~r~ reease TLe 2989 Legisla eats for thebyPublicF',~n ,~ pension plans ad- pERA be~nefrt a won increase ~s E!~ective 3.32, empkryyee and lover oontnbutions membersolice and F~,e endtheakawfllbeasfolloa-: 4 QJ~.1 o , {~ j~~ J _: , aslc Plan 8.23% 8.23% 2.5% r , Coordinated Plan ~/D89423%f.,~~~ 4.23% 25°~6 Tie increased contributions are to be reported to PERA for earnings nth ~XSf~I~1.12$2- For example, if you leave two payr~y andY~ first salar~r deduction report is dated July 1,1989, through July 15,1989, and yoursecondrrt ~s dated July 16,1989, through July 31,1989, the increased contribution ratewillbee~ ective on the report dated July 16,1989, through July 31,1989, since the firstpayrollincludesthefirstdayofJuly. hcmld 3-vu seed to report nett ~o~ive -A~' -'oompensaticm was earned P$y~ stab0ity Pay, levity p Qr back where Pa3' periods be . on or~e~ore ~ul~y 1 1contn~rution rate ~s used, For 'on earn , ,, 989, the oldduring.. periods be afterJam' 1,1989, the sew rate is pp~~~gEg, &~P~, Deduction eports areneedforthesespecialPaynlls, with the Proper coverage dates. Jyou are pa • a oantiract settlement on September 30,1989, caveuu~~gg ion ~ ~' 19 through September 30,1989, two separate Salary ~>educ-rts be feted for PERA. One report. for the nod co 'January- ~ ~9, thro ~ Ju ..1,1989, at t~ current rate, and anot~her~report oaveruig thePayPeriodmy2y198, through ,September 30,1989, at the increased rate. Facsmple: If you are stability pay on December 31,1989, covering. payment fromdanuary:.1,1989, ~aW~~~k~c'ember 31,1989, two separate Salary Deduction ReportsshouldbecompletedforPERA. One r for thert pay period covering January 1, 2989,9ugh July 1,1989, at the currem rate, and another report covering the pay period July 2,through December 31, .1989, at the incaeased rate. If You have questions conocnzing this matter, please feel free to call our toll-freetwmber1-80Q-f~2-9026 or for metro area agencies, 296-?460. .: 1 Consent I Policy X CITY OF FALCON HEI6ATS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: F-6 leeting Date:~~12/89 ITEM DESCRIPTION: SUBMITTED BY: REVIEWED BY: Ambulance Bid Award Leo Lindig, Fire Chief Fire Department Ambulance Committee: Gail Smida, Ray Brown, Doug Kayser, Terry Iverson, Joe Olson, Dave Bianchi EXPLANATION/SUMMARY (attach additional sheets as necessary).: On June 12, 1989, the City received 3-bids for the purchase of a newambulance. (See attached list of bid tabulations) I have reviewed all bids and have summarized the following: Bidder #1 - Sentinal - did not bid the Medical Equipment or Radio intheoptions. Bidder #2 - Braun - bid all options. Bidder #3 - Road Rescue - did not bid the Radio in the options. To compare bids I have added the price of the Medical Equipment to Bidder1's (Sentinal) total price. Bidder #2's (Braun) bid includes all options and I deducted the Radiocostoutoftheirtotal. Bidder #3's (Road Rescue) total remains the same. (See attached summarysheet). Enclosed is a copy of the Ambulance Committee's Bid Evaluation andRecommendation. After reviewing each bidders Specs and Exceptions, it is my recommendation, K along with the Ambulance Committee, that we award the Ambulance Contract to Road Rescue, Inc. 1 cirr of FALCON HEIGHTS FIRE DEPARTMENT 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612-644-5050 SUrlMARY Bidder ~~1 North Emergency Vehicle Sales (Sentinal) Base Price: $61,964.00 Options: $ 3,965.00 Total: $65,929.00 Medical Equipment: + $ 4,151.00 (from Road Rescue bid) Total: $70,080.00 Bidder 4~2 North Central Ambulance Sales & Service (Braun) Base Price: Options: Total: Radio: Total: Bidder ~~3 Road Rescue, Inc. (Road Rescue) Base Price: Options: Total: C 68,800.00 9,468.66 78,268.66 2,975.00 (from Braun bid) 75,293.66 55,000.00 13,452.00 68, 52.00 HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE F COMMITTEE Leo Lindig FROM: Ambulance Committee RE: Ambulance-Bid Evaluation DATE: June 13, 1989 Gail.. Smida Ray Brown Doug Kayser Terry Iverson Joe Olson Dave Bianchi The ambulance committee has reviewed the three bids submitted and We've listed some areas of primary importance when considering the bids. I. CONSTRUCTION A.Interior Cabinets Road Rescue Aluminum Comply Sentinel Plywood Does not comply Braun Plywood Does not comply B.Insulation Road Rescue Styrofoam Plank Comply Sentinel 2" Fiberglass Does not comply Braun Spray Foam Does not comply C.Subfloor Road Rescue Corrugated onmi-frame Comply Sentinel Welded Cross Members Does not comply Braun Welded Cross Members Does not comply D.Module Structure Warranty Road Rescue Lifetime Sentinel 15 years Braun 15 years II.SERVICE AVAILABILITY A.Service Center Road Rescue 10 miles Sentinel 15 miles Braun 40+ miles B.RemoVrt Center Road Rescue 10 miles Sentinel not specified Braun 40+ miles I. EXCEPTId~1S TO BID Road Rescue 1 exception Sentinel 27 exceptions Braun None listed by bidder. However, many construction and structual exemptions were noted when the bid was reviewed by the ambulance committee. Bidders were instructed to note exceptions in writing. Many other exceptions do exsist. We feel the examples we've outlined above are repre- sentative of the differences in the vehicles bid. •It is the ambulance coRmittee's recommendation that it is in the cities best interest to purchase the vehicle bid by Road Rescue, Inc. We appreciate the opportunity to submit this information. kn r~SPECIPICATIONS HOLDERS LIST BID OPENING DATE: Monday, June 12, 1989 - 3:00 P.M. PROJECT: Ambulance Type III OWNER: City of Falcon Heights I NAMEIADDRF.S~ a~ Ivry BID AMOUNT North Emergency Vehicle Sales Sentinal 1A~;9A''61,964.00 Base price3300OakdaleAve. No. R bb D ~5 fp C?1 ~% ~3,965.00 Optionsoinsdale, MN 55422 1 65,929.00 Total 9 exceptions listed North Central Ambulance. Sales & Service Braun 3,913.43 68,800.00 Base price 9,468.66 OptionsBox247 Lester Prairie, MN ti;/,,~78,268.66 Total Exceptions (2 pages) Rescue, Inc.Ford 5` ~~ 0~ ~ ~55,000.00 Base price 1133 Rankin St.13,452.00 Options St. Paul, MN 68,452.00 Total 1 exception-Motorola Radio Wheeled Coach, Inc. P.O. Box 677339 Orlando, FL 32867-7339 Aazard Control, In,c. 510 North .3rd St. Mpls., MN 55401 Consent Agenda Item: F-7 Policy X CITY OF FALCON HEIGATS Meeting Date:?/12/89 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Contract for Cleaning Service for City Hall SUBMITTED BY: Tom Kelly. REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): In June we experienced some difficulty with our cleaning service missed cleans, poor work). We notified Custom Properties of term-inati f oonour contract and mailed out bids. The following bids were received (in order of _lowest to highest). Per month priceM-75 Building Company Maintenance Service $145.00 Guaranteed Clean Maintenance Inc.166.00 Custom Custodial Service, Inc.179.00 Custom Property Services 200.00 Hei-Lin Cleaning Services Inc.224.00 Chase Industries 278.14 Maintenance Professionals 375.00 Cindy Brennas and Kathy Boldt 600.00 Per month price is based on once a week cleaning. ACTION REQUESTED: To sign a contract with Tong C. Thao of M-75 BuildingMaintenanceServicesforcleaningofCityHallbasedon price and favorable references. a i Consent Policy r r CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: F-8 Meeting Date: 7/12/89 ITEM DESCRIPTION: Amendment to Administrator's Employment Agreement SUBMITTED BY: Tom Baldwin REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): Attached: Current Employment Agreement ACTION REQUESTED: s r EMPLOYt~NT AGREEMENT THIS EMPLOY2~TIT AGREEMENT made this 25thday of April, 1987, between theCityofFalconHeightsandJanetR. Wiessner hezein called Wiesner. 1ITNESSETH: WHEREAS THE CITY OF FALCON HEIGHTS wishes to employ Wiessner as its City ClerkAdministratorandWiesneragreestoentertheemployoftheCityofFalcon Heights effective May 18, 1987, upon the terms herein pzovided: IT IS AGREED as follows: 1. POSITION. The City. of Falcon Aeights agrees to employ Wiesner as theirCityClerkAdministrator. Wiesner agrees to serve as the City ClerkAdministratorandwilldevoteherfullbusinesstimeandbestefforts totheCityofFalconHeightsandwillengageinnooutsidebusiness. Attached is a copy of the position description. 2. SALARY. The City of Falcon Aeights agrees to pay Wiessner an annual salaryattherateof $35,000 per year for the year starting May 18, 1987, and thereafter at such rate as may from time to time be fixed by the CityCouncil. It is understood that Wiessner's salary will be reviewed annuallyandshewillbegivenaperformanceappraisalpriortohera~ual reviews. 3. CITY PLANS. Wiessner will be entitled to participate in PERA and FICA,insurance and other benef it plans as the City of Falcon Heights may from time to time maintain for the benef it of its employees, plus the other benef it plans as outlined below. a. CAR ALLOWANCE. Wiessner will be paid a car allowance of one hundred fifty (.$150) dollars per month to compensate her for all City driving on city business within the seven (7) county metro area. Wiessner will be further compensated for all City driving on City business outside the seven (7) county area at the rate of twenty($.20) cents per milethisrateshallbesubjecttochangefromtimetotimeduetoeconomic changes and will be handled by Resolution) in addition to the one hundred fifty ($150) dollars per month car allowance.. b. VACATIONS. The City agrees to grant tvo week's vacation in 1987. c. .SICK LEAVE. The City will advance Wiessner twelve (12) sick leave dayseffectivefarherreportingdate. Wiessner will continue to accrue sick leave at Lhe same rate as other employees in addition twelve (l2) days. d. HOLIDAYS. The City will provide the same standard holidays as enjoyedbyotheremployees. e. INStTRANCE. The City will pay the full cost of the dental, hospitalandmedicalinsuranceforWiessnerandherfamily. She shall have the choice of thepians now in existence with the City. 2- The Cit silly provide group life insurance coverage equal toone (1) times annual salary at no expense to Wiesner. The City agrees to pay short term disability premiums. 4. DUES AND SUBSCRIPTIONS. The City agrees to budget and Lo pay the professionalduesandsubscriptionsofWiesnernecessary. for her continuation and fullparticipationinnational, regional, state and Iocal associations necessaryanddesirableforhercontinuedprofessionalparticipation, growth andadvaneement, for the good of the City. S. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay the travel andsubsistenceexpensesofWiesnerforprofessionalandofficialtravel, ~eetiagsandoccasionsadequatetocontinuetheprofessionaldevelopmentofMessnerandtoadequatelypursuenecessaryofficialandotherfunctionsfortheCityincluding, but not limited to, the IC2iA Conference, State League ofMunicipalities, National League of Cities and such other committees thereofwhichWiesnerservesasamember. Wiesner will use good judgment in heroutsideactivitiessothatshewillnotneglectherprimarydutiestothecity. The City also .agrees to budget and to pay for the travel and subsistenceexpensesofWiessnerforshortcourses, or seminars that are necessary forherprofessionalgrowthandforthegoodoftheCityasapprovedbytheCityCouncil. 6. CIVIC CLUB 21E*4BERSHIP. The City recognizes the desirability of representationinandbeforelocalcivicandotherorganizations, and Wiessner is authorizedtobecomeamemberofsuchcivicclubsororganizationsasdeemedappropriateatCityexpense. 7. TlC1VINC. A one time moving allowance not Lo exceed $1,000 shall be grantedifsuchallowanceisusedwithinthefirsttwoyearsofemployment. RovingallowancewillbegrantedonlyforamovethatwilllocateWiessner`s placeofpermanentresidenceclosertotheboundariesofFalconBeightsthandoeshercurrentresidence. Should the City terminate Wiessner's employaent, themovingallowancewillbedeductedfromherseveranceallowance. Should Wiessnerterc.-rate her employment with the City within two years of the moving allowancebeinggranted, she will reimburse the City the total amount of the sowingallo~ranc e . 8. RETIRErlENT, IC.'KA PLAN. The City agrees to continue the agreement providedbytheICMAretirementplanandtheCityofFalconHeights. Any contributionstotheplanwillbedeductedfromWiessner's annual salary as stated isParagraph2above. 9. TERMINATION AND SEVERANCE PAY. In the event that Wiesner is terminatedbytheCityCouncilduringsuchtimethatitiessaeriswillingsadabletoperformthedutiesof .the City Clerk Administrator, then in thateventtheCityagreestopayWiesneralumpsumcashpaymentequaltothree (3) aonth s pay aggregate salary; provided, however, that in theeventWiesneristerminatedbecauseofherconvictionofanyillegal actinvolvingpersonalgaintoher, then, in that event, the City shall have aoobligationtopaytheaggregateseverancesumdesignatedinthisparagraph. i.• ~, 3- In the event the City at any time during the employment term reduces thesalaryorotherfinancialbenefitsofWiessaerinagreaterpercentagethananyacross-the-board reduction for all City employees, or in the eventtheCityrefuses, following written notice, to comply with any etherprovisionbenefittingWiessnerherein, oz Wiesner resigns followingaformalsuggestionbytheCitythatsheresign, then, in that event,Wiessner may at her option, be deemed to be "terminated^ at the date ofsuchreductionorsuchrefusaltocomplywiththemeaningandcontextofthehereinseverancepayprovision. In the event Wiessner voluntarily resigns her position with the City,. thenWiessnershallgivetheCityforty-five (4~) days notice in advance. 10. GENERAL EXPENSES. The City recognizes that certain expenses of a aon-personal and generally job affiliated nature are incurred by Wiessner,and hereby agrees to reimburse or to pay said general expenses subject toCouncilapproval. - 11. GENERAL PROVISIONS. the text herein shall constitute the entire EmploymentAgreementbetweentheCityandWiessner. This Agreement shall be binding upon and inure to the benefit of the heirsatlawandexecutorsofWiessner. This Agreement shall become effective April 25, 1987. If any provision, oz any portion thereof, contained in this Agreement isheldtobeunconstitutional, invalid, or unenforceable, the reaainder ofthisAgreement, or portion thereof, shall be deemed severable, shall notbeaffected, and shall remain in full force and effect. IN WITNESS WHEREOF, the Citq of Falcon Beights on a unanimous vote of its City Council has caused this Agreement to be signed and executed initsbehalfbyitsMayorandWiessnerhassignedandexecutedthis Agreement, both in duplicate, the day and year first above written. MAYOR OF THE CITY OF FALCON HEIGHTS STATE OF MINNESOTA J T R. WIESSNER r ~ LJ Consent Policy X C] CITY OF FALCON HEIGATS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: F-3 Meeting Date r/12/89 ITEM DESCRIPTION: Request to Consider Waiving the Tax Delinquency Provision of City Liquor License Requirements SUBMITTED BY: Dennis Hunt REVIEWED BY: ~ Jan Wiesner Paul Mattke EXPLANATION/SUMMARY (attach additional sheets as necessary): Aennis Hunt would like the opportunity to talk to the Council to determinewhetherit's worth his time to pursue a liquor license. Attachments: 1. Copy of Liquor Code Section 2. Memo from Paul Mattke ACTION REQUESTED: Discussion Only. i r 2~~ ~ ~~ ~. JENSEN, HICKEN, GEDDE fd SOUCIE, P. A. ATTORNEYS AND COUNSELORS AT LAW OCK, EDWARD A.,jR. BUCHMAN, JOHN T.300 ANOKA OFFICE CENTER GEDDF, THOMAS A.2150 THIRD AVENUEGROVER,BETH H. HICKEN, JEFFREY P.ANOKA, MINNESOTA 85303-2296 HOWARD, ROBERT A. JENSEN, DAVID L.TELEPHONE (612) 421-4110 NATTKE, PAUL E.TELECOPIER (612) 421-1040SCOTT, MICHAEL J. SOUCIE, FRED M. June 26, 1989 Mr. Daniel W. Fram Peterson, Franke &Riach 300 Midwest Federal. Building 50 East Fifth Street St. Paul, MN 55101 RE: Bullseye Golf Centers Dear Mr. Fram: OF COUNSEL HADLEY, CHARLES S. LUTHER, RICHARD L. This letter is in response to yours of May 22, 1989. As of October, 1988, when 1988 taxes were due for the second half of the year, Bullseye owed $45,107.45, according to computations by theFalconHeightsCitystaff. No part of those second half taxes havebeenpaid; however, I understand that first half 1989 taxes werepaid. Therefore, the unpaid 1988 taxes, along with interest and penalty remains due and payable. To be absolutely sure, I wouldconfirmthosenumberswiththeCountyAuditor's Office if I were you. There is no other default under the Development Agreement ofwhichIamaware. That agreement requires the corporation to paythetaxesandalsoguaranteestomakeupacertainportionofshortfallintheamountnecessarytoretirethetaxincrementbonds, should there be any shortfall after taxes are paid. If thetaxeswerepaid, there would be no shortfall. It is my understanding that it is not the Falcon Heights CityCouncil's present desire to renegotiate tax obligations on theCenter. Therefore, I do not expect the City to be of muchassistanceinputtingtogetheraChapter11plan. If you decide totakesomeinitiativeonbehalfofyourclients, I would appreciateyourkeepingmeinformedsothattheCitycanrespondappro-priately. Yours truly, JENSEN, HICKEN, GEDDE & SOUCIE, P.A. PEM/abg cc: net R. Wiessner Paul E. Mattke Assistant Falcon Heights City Attorney BOCP., EDWARD A., JR. BUCHMAN, JOHN T. GEDDE, THOMAS A. GROVER,BETH H. HICKEN, JEFFREY P. HOWARD, ROBERT A. JENSEN, DAVID L. MATIKE, PAUL E. SCOTT, MICHAEL J. SOUCIE, FRED M. JENSEN, HICKEN, GEDDE g SOUCIE, P. A. ATTORNEYS AND COUNSELORS AT LAW 300 ANOKA OFFICE CENTER 2150 THIRD AVENUE ANOKA,MINNESOTA 55303-2296 TELEPHONE (612) 421-4110 TELECOPIER (612) 421-1040 OF COUNSEL HADLEY, CHARLES S. LUTHER, RICHARD L. June 26, 1989 Mr. Richard J. Harden Lovett & Associates, Ltd. 1400 First Bank Place West Minneapolis, MN 55402 RE: Bullseye Golf Centers, Inc. Dear Mr. Harden: Your request that the City consider renegotiating the realestatetaxobligationsofyourclientundertheDevelopmentAgreementhasbeeninformallyputtothevariousCouncilmembersoftheCityofFalconHeights. It is my understandingthattheydonotwishtoconsiderrenegotiatingthoseobligationsatthistime. Yours truly, JENSEN, HICKEN, GEDDE & SOUCIE, P.A. Paul E. Mattke Assistant Falcon Heights City Attorney PEM/abg cc: ~ net R. Wiessner 7 ALOOfDLIC BEVEI~C£S 6-2.01/3.01 3. they are holders of on-sale wine licenses with sales oflessthan $10,000 for wine for the preceding year; or 4. they are holders of tempor wine licenses ' state law. ~' issued under Subdivision 4. InvesticJation of Aon>>~~nt The City mil shalloorrluctthenecessarybackgroundandfinancialinvestigationoftheapplicantitselforcontractwiththeBureauofCriminalApprehension todoso. The City Council shall have the authority to charge an investigative fee equal to the actual cost to the City of suchinvestigationbutnottoexceed $500 if the investigation is conductedwithintheStateortheactualoustnottoexceed $10,000 if theinvestigationisrequiredoutsidetheState. No license may be issued or renewed if the results of the investigation show to the satisfactionoftheCityCouncil, that issuance or renewal would not be in the publicinterest. PART 3. ELIQBILITY MINIMUM RDQUIRQ~IEIa'S 6-3.01 E~,11C7? hi 1 ity j~lji ni1R~lil ReQUir mPni- S Subdivision 1. arsons and PremiGes Ineligible for a Lioen~ a. No license shall be issued or renewed to: 1. A person not a citizen of the Unites States or a resident alien; 2. A person under 21 years of age; 3. A person who within five (5) years of the license application has been convicted of a willful violation of a federal or state law or local ordinance regarding the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or nonintoxicating malt liquors; 4. A person who has had an intoxicating liquor or nonintoxi- cati.ng liquor license revoked within five (5) years of the license application, or to any person who at the time of the violation owns any interest whether as a holder of more than five percent (5$) of the capitol stock of a corporation licensee, as a partner or otherwise, in the premise or business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any matter interestd; or 5. A person not of good moral c~,aracter and repute as determined by the City Council. s 10 AIAOI~LIC SSVERAf£S 6-3.01 j~ b. No license shall be granted or renewed for operation on anypremisesonwhichtaxes, assessments or other financial claims oftheCityaredelinquentandunpaid. c. No license shall be granted or renewed for premises owned by a person to wham a lio~se may not be granted or renewed under the provisions of Minnesota Statutes Section 340A (1985). d. No license shall be granted or renewed to any person made ineligible for such a license by State law. e. No license shall be granted or renewed to an applicant who doesnothaveinsuranceforthepaymentofallsumswhichtheinsured shall be obligated to pay by reason of liability imposed by law forinjuriesordamagestopersons, other than employees, including theliabilityimposedupontheinsuredbyreasonofMinnesotaStatutesSection340A.409 (1985) . f. No license shall be granted or renewed to a partnership or corporation which does not have a managing partner or a manager whoiseligibletoholdalicensepursuanttotheprovisionsofthis Chapter. g. No license shall be granted or renewed to a person who is the spouse of a person ineligible for a license under this Section, or who, in the judgment of the City Council, is not the real party ininterestorbeneficialoverofthebusinessoperated, or to be operated, urx3er the license. h. No license shall be granted or renewed to a corporation without full disclosure of the stockholders of the corporation and their percentage of ownership. If there are more than ten stockholders, only those owning more than ten percent of the outstanding comTron stock shall be listed. i. No license shall be issued to an applicant who refuses to serve alcoholic beverages to any person because of race, color or national origin and no applicant shall discriminate in the selection of its membership on the basis of rave, color or national origin. Subdivision 2. P~ a©G Tn ~ ; g;~tle for L•? oe ge _ a. No license shall be granted for sale on any premises where a licensee has been convicted of a violation of this Chapter or where any license hereunder has been revoked for cause until one year has ` elapsed after such wnviction or revocation. 11 ALCbHDLIC ~VERAf£S 6-3.01/4.01 b. No license shall be granted for premises within 300 feet or anyelementaryorsecondaryschoolorwithin300feetoranychurch. c. No more than one (1) off-sale intoxicating liquor license may be directly or indirectly issued to any one person or for any one placeintheCityasprovidedbyMinn. Stat. Section 34QA.412, Sub. 3 1985) . d. No license shall be granted for premises within the certain areas described in Minn. Stat. Section 340A.412, Sub.5 (1985). e. No intoxicating liquor license may be issued to a person in wnnection with the premises of another to who a license could not be issued under Minn. Stat. Chap. 340A as provided in Minn. Stat. Section 340A.412, Sub. 5 (1985). f. No off-sale intoxicating liquor license may be issued to a place where nonintoxi®ting malt liquor is sold for consumption on the premises. This subsection doers not apply to those premises issued a combination on-sale and off-sale license under Minn. Stat. Section 340A.406, if any. g. No license shall be effective beyond the compact and contiguos space named specified in the license for which it was granted. PART 4. LICEIISE FEES 6-4.01 License Fees Subdivision 1. License Fees. a. Receipts. Each application for a license shall be accompanied by a receipt from the city treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the treasurer shall refund the amount paid. b. Fees- The City Council establishes the following annual and per event license fees for the issuance of the following licenses: 1. Intoxicating Liquor a. "On-sale" b. "Off-sale" c. Wine 12 FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113.5594 PHONE (612-6445050 FAX (612)644-6675 m July 13, 1989 Dennis Hunt c/o Bullseye Golf 1557 W. Larpenteur Falcon Heights, MN 55113 Dennis: Because I'm not sure you fully understand the sense of the council exhibited in our discussion with you at our July 12 meeting, I wish to summarize the salient issues. 1. The city believes we have. taken extraordinary measures to help Bullseye Center. succeed. We have extended services and considerations that have been extended to no other business in the history of the city and, I am confident in saying, would have been extended by few, if any, other cities. 2. The city council is not comfortable entering into any mare agreements with you that rely solely on your good will. or voluntary compliances to assure the city's position in the agreement. 3. The council is not interested in considering an action as drastic as amending our current ordinance pertaining to operating a liquor store on a tax delinquent site until we have binding assurance that such an action would be the most likely means of securing the interests of the residents of Falcon Heights -- that this would be the mast likely way of collecting property taxes due on the shopping center. 4. The city considers the development agreement to be in effect. HOME OF' THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGR:CU~TURE rs~ Page 2 As we said at the end of our. discussion, the council will be eager to work with you when you are willing to assume a less cavalier attitude toward the financial agreement you entered into with the residents of our city, and can provide any sort of binding agreement that will compel you to meet your obligationsunderthedevelopmentagreement. Until then, I believe the proper role of the city in the conduct of your business is simply to ensure that all city ordinances are satisfied.. Sincerely, r~~.U,.,. Tom Baldwin, Mayor TB:PP CC: Daniel Fram; Peterson, Franke, Riach Richard J. Harden, Lovett ~ Associates Councilmembers Jan Wiessner, City Administrator Consent Agenda Item: F-4 Policy X CITY OF FALCON HEIGATS Meeting Date: 712/89 C7 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Donation to .Ramsey County Sheriff's Department Lakes and Trails Reserve Unit SUBMITTED BY• Jan Wiessner and Tom Kelly REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): In scheduling the extra traffic patrol services for the special events at the State Fairgrounds this summer, it was noticed that a check was not issued during 1988 for the $500 donation authorized by the Council in October, 1988. This was an oversight by the staff. I recommend that a $500 donation be made for last year as well as another $500 authorized for 1989 out of the Policing Account. The officers who serve in this capacity are volunteers. They use con- tributions to pay for uniforms, training, etc. ACTION REQUESTED: Authorize expenditure of .$1,000 out of Policing Account for traffic patrol services provided by the Ramsey County Sheriff's Department Lakes and Trails Reserve Unit. Consent Policy X CITY OF FALCON ~iEIGATS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: F-5 Meeting Date:?/12/89 ITEM DESCRIPTION: PERA Contributions Increase SUBMITTID BY: Tom Kelly REVIEWED BY: ~ Jan Wiessner EXPLANATION/SUMMARY {attach additional sheets as necessary): The 1989 Legislature passed several benefit improvements for PERA including three-year vesting, a change in full benefit age, deferred annuity augmentation). To fund these improvements, a contribution increase is necessary. This will increase the member (employee) deduction and the employers matching share from 4.00 to 4.23. This increase will, cost the City approximately $218.44 over the next 6 months in additional employer contribution effective with the last payroll of July. ACTION REQUESTED: Information Only