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HomeMy WebLinkAboutCCAgenda_89May9ADMINISTRATIVE UPDATE May 9, 1989 rK ,. Homestead Credit/TIF Legislation A bill is moving through the legislative process which will provideTransitionAidtotheCitiesofFalconHeightsandLauderdaleforhomesteadedpropertiesinTIFdistrictswhichareatleast75% residen-tial (Coffman but not Hewlett Packard). The amount will be either the comparable amount of Transition Aid for 1989 or the Annual Shortfall,whichever is less. Our representatives have assured us that there shouldbenoproblemwiththisbillpassing. There will likely be some languagechangesintheConferenceCommitteebecausethe75% limitation does nothelpthetroubledLauderdaleproject. Paul ~'Yernia has done some computerized projections showing how thiswillultimatelyaffectus. This scenario is based on a 2% increase inmarketvalueeachyear. (See attached) St. Mary's Street Parking The Falcon Center parking lot was restriped and "No Ciatti's Parking"signs were removed from in front of Tile International last Friday so the No Parking signs were removed at the north end of St. Mary's Street. Reminder - Business Breakfast Invitations have been mailed to local business and apartment owners to attend the meeting with the Council on Wednesday, May 17, at 7:30 A.M. Spring Clean-Up The clean-up was a huge success: Collections were as follows: Eight 40 cu. ft, dumpsters and two 20 cu. ft. dumpsters filled. Approximately 20 appliances. The recycler of these appliances, Major Appliance Pickup Service, I.nc., will document tonnage as this can be used towards our Solid Waste abatement goal.Goodwill trailer was 3/4 full. Goodwill was pleased with the response. Approximately 40 tires will be taken to Norm's Tires for recycling. A total of $792.00 in dump fees was collected. This amount will cover mostofthedumpsupervisor's salaries. Page 2 Street Sweeping Total Asphalt Construction Company completed the street sweeping last week. .The weather cooperated which helped speed up the process. Wiring Tree Planting 31 trees have been purchased for boulevard tree replacement. PlantingisscheduledfortheweekofMay15th. u;Uo u„,~o„ Despite the bad weather last Saturday, about 125-150 kids attended the Bike Rodeo at Falcon Heights School. Carol Kriegler reports that every-thing went well. 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N;W;N;A~N;41;CJ1;4];CD.O;O?;tp;O;tD;J~'VN G;6)e iCT{;V. 1 jcNc :N: :~: :.t' Ct);O;j: : 1 :O:G:tD~p:N~m~61~V~61~07 CJ1~a1~CJi~~ 1 [ 1 tTl:.1:-+: j:~.J: E E Ejsi JaE 1 :N gi:Cfl:Ni N: 1;_a: ty) : j fl m v:p:p pE(nEO?EtCEO;OEfOSOEOEOEmEUij:if O CG N Ni'+-E mE JlEO OimE GEGEi;i:c cIL6GEEi tG6G:G:m:N N;tfi;G;{fiECTI;V:4?N;UI;-taJpNtCJ;m;CJEN:m~O~m;O;O 0;i cO:GD; i3 `~ n E E 3 i a i '~E3ee i N ~ id : ~7 i~ Srn : a': Em :6m :3m EV v v'v vv v v N:` EUt~ i i V: O: OiCdl : -+ : ~O :C71:tiii :Gii%J~ Ni i iNi tV N: i o ~w ~ €3Q i s'~'s s~i 3 cl I n d ly v~ J. _. _~; r 1 04/28/89 10:16 RESDEPT ] JM H1734A-26 1 shareholders or partners who are actively engaged in the 2 business on behalf of the corporation or partnership. Homestead 3 treatment applies even if legal title to the roperty is in the 4 name of the corporation or partnershi and not in the name of 5 the person residing on it." 6 Page 87, after line 21, .insert: 7 "Section 1. Minnesota Statutes 1988, section 477A.011, 8 subdivision la, is amended to read: 9 Subd. la. [CITY.] City means a statutory or home rule 10 charter city. Cit also means a town havin a ulation ofr•r 11 5,000 or more." 12 Renumber the sections in article 7 in sequence 13 Page 188, after line 16, insert: 3ec. 13. (HOMESTEAD AND AGRICULTURAL CREDIT AID; TIF 15 DISTRICTS; FALCON HEIGHTS AND LAUDERDALE.] 16 Subdivision 1. [PAYMENT OF AID.] The commissioner of 17 revenue shall :pay. the cities of Falcon Heights and Lauderdale 18 homestead and agricultural credit aid as provided by this 1 , 19 section. The payments must be made at the times rovided by 20 Minnesota Statutes, section 273.1398. 21 Subd. 2. [DEFINITIONS.] For purposes of this section, (1) 22 the definitions contained in Minnesota Statutes, section 23 273.1398 apply, and (2) Qualified tax increment financing 24 district means a tax increment financing district com rised 25 26 27 28 29 30 exclusively of class 1 and class 4 pro erty with 75 percent of the market value of the district consisting of class 1 property. Subd. 3. [CALCULATION OF AID AMOUNT.] (a) Homestead and ricultural credit aid for a qualified tax increment financing district for taxes payable in 1990 equals the lesser of the following: 1 ~,~~ 31 t1 ~ ~c~ '2 T.~ X~,D3 33 j 34 35 36 1) total tax increment revenues for the district for taxes payable in 1989, minus the product of (i) the aualifi~u tax increment financing district's gross tax capacity rate; (ii) its net tax capacity based on payable~1989 market values and net tax capacity percentages in effect four taxes payable in 1990, and iii ) i,.rOtom; o r G~i~ I.03 r~ ~~,. UL ~ ~ ; 4 ~, ~~ ;- ti. ~, J 04/28/89 10:16 RESDEPT ) JM H1734A-26 1 ~ 105 percent of the principal and interest, due during 2 the calendar veer, on bonds that were issued before January 1, 3 1989, and to which the Qualified district's increment revenues 4 are pledged, leas the total tax capacity r tipli 5 t_he captured tax capacity of the tax incremen~,bi anncing 6 district. 7 (b) For 1991 and later years, the district must receive aid 8 equal to the amount it received in 1990 or the amount under 9 ara rah a clause 2 fir the year, whichever is less. 10 Sub__ [APPROPRIATION.) The amount necessarv to make the 11 payments reQUired by this section is annually a~~rooriated to 12 the commissioner of revenue. 13 3ubd. 5_ [CITY INFORMATION.) The cities of Falcon Heights 14 and Lauderdale must rovide the commissioner of revenue with the 15 information necessarv to make the calculations required under 16 subdivision 3, clause (2). 1 J 1 ec • M EAO TAX ~Zl CREME T` FIN . ) ~ ~_~ \ `._~ , /-. 18 In the case of a tax increment financin district in the 19 city of Moorhead created prior to August 1, 1979, and used to 20 finance a hotel, yarking facility. and conference protect. the 21 date "April 1, 1992" must be substituted for "A ril 1, 1990" in 22 Minnesota Statutes section 469.176, subdivision 1 ara ra h 23 (e), each place it occurs." 24 Page 188, line 21, after the period insert "Section 14 is 25 effective the day after com liance with Minnesota Stat, utes` ~I26section645.021 subdivision 3, b the overnin bod of the 27 city of Moorhead." 28 Renumber the remaining section in article 10 29 Page 189, line 2, strike "or" and after "(d)" insert 30 "construction, improvement, expansion, maintenance and repair of_ 3l athletic fields and ice rinks and thwir appurtenances., owned by 32 t_he organization or a public aQency or (e)" 33 Page 189, line 3, restore the stricken "imposed under" 34 Page 189, line 3, after the stricken "this chapter" insert " 35 section.349.212 subdivisions 1, 4,anld 5" 36 Page 189,line 4, strike the state or" 5 w o ~ H 7L O ~K ~ C A ~' ~! 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U D t s s paa Sr ~~ ~S e'~~ A g -• oo~~.~~~ ~ ~~~~~ r 'Q t~. ao: w ~ ~ v n ate ~~ ~ ~ ~ Q'~o~r~. -+p~ "'~~E'"5°~~~l~ ~'~~3~a~~~` ~'~^c a .,. ~ ~ - g ~.K ~ ~~ - ~° .~ n_~ ~ _ ~, . ~ ~ Rio ~.n ~ ~~ y t~A` ~.y ~~ ~r~o~a -~ ~w~ ~ ~,~~0 J ~ •~~~ won av,~ o ~ ~ = ~o' c e'~ a - _ D In to ~o .a w .. ~pAi ~ ~ • Q ~°' p, ~ ~ ~ ,~,~ `-~ p' d ~" :3' {~ d ~ ~ ~ ~ 3 ~ ~ ~ - ~ ' ~ Coo c ' c •~~.' 3 A 0q •.~ r-r ~ • • ~ h ^j ~c Y A .¢, p• .~^. 0'G ~• ~ ~ a,. A ~ C O fD ~ S ~„ fZe ~ '~ ~ ~ ~ -; ~ ~ a ~ '~ ~ ~ ~ °o ~ rt ?~ ~ ~ ~. ~ .•* to ,,~,. r... O ~ tD ~..i ~ ~ ~ ~ ~ ' ~ c 3 ~ m ~ 3 ~ 3 y y ~` a J• R° ~ pr' 1 ... ~ ~ ~ O A O ~ rt .r O ~ ~ v, ~ ~ ~ =' c ~ ~ ~ -3 ~ ~ R ^ ~ w ~ p p r,• to O ~ ~ rt C ~! +~ ~ ~ fD A n ~ ~, '' ` an = ' o •"'.3 v~ '.~. w o w ~ ~ H ~ OV'r K ,~.. rp ~ 0Q C O ~ '.3" ".S `J' +s O ~ m < ~Ca _~' a 3 q~ ~ o S' ~ _~ ~• A ",J" ~ ~ ~G ~. ~ ,,.r ~ rt ~C Nl a a' ~ °' ~ S.~ ~ P !" ~ o . f .~p' _ ~ = v n r ~ ~ Q. .. po _ ~' rt x ~ . . TD . q4"~ ~ ~~ .c•~.o't A'"~ $ fey. ~ '~~~' ~3~- _«~a~~+~.. Q- _ t' ~ G _ ~ ~ I c O C ~ 2.o H ~o SFr ~cs~g 3 -•q .....~ Q R ~ ~ r ~ ~ ~ ~~~ ~, a c r~ L7~w~~D~3~~'"O~~C~ 1Z~~,~p~'ooe~30eCw~~ ~ ..~ o v -, ~~ ~Q'.fl =° ~,~ o 'gin ~ ,~~ z iw 3", . _ ~. .. .~, _ ~ o _. w c ~ ~ oc ~ '-^ ~ A ~ a o ~ ~ ~ fi=r `~ m ~e w o- :; ~° 3c ~ ~ L ? a e~ ~ '; - q~n,pec ~ ~°. ^, _o`c 5~t~ o'~°--. g ~" ~~woQ +~~E3°.e _'c o N ~, `~ S A 3~ ~ i ~ f, ~ ~ '' oa~a ss~~a~- Q ~ a A A p.~p 'p g tZ.~'~ 5~.~~ a .~~ 2°~'n'~ 3 , Pte. un ~~ ~ '"3 .S c ~ ~ •_ c A Y _ S. '" w i°, ~ ~. a c g ~ ^ ~^ A 4 ;, May 1989.:Park Bugle `. 3~ hard cause ', mplr~ the i wn has L lon- tyshe aor of , Zecter n a rater dirryc- for at five other part-time centers. She has many of the same responsibilities as Sun- delius but she doesn't have as much day-today contact with the nefghbarhood. Brown, who has been with the Aivtsion of Parks and Recreation for twenty yeazs, was previously director at the Linwood, EI Rio Vista and Wilder Recreation Ce~-tecs:- Her pre;ent position wa$.cre- ated ayear ago and she thinks It was a fortuitous decision. This gives each of these six part-time centers one extra person. It allows for better' and Increased programming and closer supervision of the centers." says Brown. At South St. Anthony, the leader with whom Brown works is John Neely, a biology major at Augsj~urg College. Brown is at the center for two hours on Tuesdays and meets with hitt~ one other time dut- ingthe week. They work together on programming, classes, athletics and special events. The rest of the time he's on his own. There aren't so many kids who use the rec center here," says Neelx "just about ten regulars." Still, he really enjoys interaction with them. He's had this job since Jpne and worked at Dayton's Bluff and Frost t.alce centers before that, but he doesn't intend to f3Y Sa1~CK STEVE WFILINGTnN IHASN"f ALREADY ,~,„~.,, TfK)UQHT OF TI11S. ~ .. j~ ~. r ;~.~ 1... •:.:1•• _ ~a .: Smitb, Lutbter ut;ort of~trir~ed irutrunu iusu~u; vv~~,, uri~gs, irutru~nerusa~id ctcccssor;es ro;rt~trt:nteru uttct case ccu~ers Y aPpoirurr~ent . k't' Ai+effue, St. Paul, 61N SS1Ut3 61.x-G47-11~ a Home Celebrates ie A~in~ Week May X 4-20 invited tojoin residents andfamilies r alder cituens in ~tealthcare Jaciliries led ~~ Falcon Heights studies - , community's park needs Charter ltgbt~ years experience the Park contractor 10755 rgqugst additions ALTH TT~~. Tradition, Caring" 1118 We@K 1~ ; ~Q,1989 home week,''A. hence people's will hopefully ds our nation's s everyone to a discpv~er our the or isc C:lpb) zg Car<test Heeling at k Crafts display rchants• ; ctatt>QUnity id+~rlt x hest l+Vinners C11rJcaAgdee~oei ', Falcon Heights is developing along-range master pl$n for its parks to meet commuNty needs over the next decade and to thwart randelism qn . park property: ' , . The plan; expected to be completed by July 1, wlll bg the first long-range vieMV of park needs e~+`coaducced for the city. . Parks tmproyemerits Ip Fal- . con Heights have always been done piecemeal," said Carol Kriegler, Falcon Heights recre- ation andcommunity services director. "The parks artd recreation commission recog- nized there's got to be a bet- ter way. The commission felt we needed to do sortie needs assessment and look at the mfr picture." ; , The commission also recog- nized that Falcon Heights has a poor track record of vandak ism in its parka, Kriegler >pild, Falcon Heights Commupity Park's warming shelter was ' destroyed by arson last fall, and windows, security pghtsandlightfi>ft}itFs have bin damaged at various'tit~r, Park planners can tell you hpw tQ build tllings and wher+~ . rye come up with our master plan, rtre want this yanda~ism issue to be addressed.". ," 1{rie$ler said: Falcon Heights has three parks., Falcon ,Height (~munity Park at,Cleyeland and lioaelawn Avter-ues, Uttivers4ty Qrove Park on ~Ieveiand Avenue south ctf the .1666 Coff- man complex, }nd a park at neUing and. Idaho Avenue;. k slap haw four skating rinks - one at each of the parks,and orte,at Falcc;p t)eigltts F,lemen- tary.chool. The master plan will look at derr~ogt'aphic, growth and development trends in Falcon 1•teights, and at existing parks anal recreational facilities 1n artd 4t1t pf the Flty. ; We~want to look at the entire tin because it makes no sense tp l',s~ve a pads is duplicates what another park r.. is doing down the street," said Falcon Heights Maypr ' Tom Baldwin. "We need to Ile cost-effiective and we want t~ :: serve a definite niche; corm.-` plementing services available ~ `. At other parks and duplica~~, ng services only where neo-~ ~. essary." . This information, coupled with a community survey and Interviews with key parks offb etals and groups, wfJl be used to determine,cu~re~nt and future needs. A community survey was . ~~ sent out in April through the city newsletter to all Falcon ` Heights households. It is expected to tell the city what sort of activities people want; what sort of bu[Iding should replace the destroyed warm- ing shelter at Falcon Heights Community Park; whether maintenance at city parks Ili, adequate; and whether the city's four skating rinks are rteeded. Skating rinks are expensive to maintain, they are a lot of work for our public works department and the skating season is short," Kriegler said, "In the past we tried to have a skating rink in every neighborhood. but we want to know if there is a need for These or If people would be . willing to drive. We want to know: should we have two quality facilities or should we ~ ` spread ourselves thinner over four." , The city hopes the bulk of the surveys will be returned early In May. Public meetings will follow. Then the long- range master plan -with indl- vidual plans for each park ,;. and skating rink -will be put together. An architect should be hired by early July and construction should begin iri the fall, Kriegler said. ' Developing the plan will cost 519,000, with 515,000 of that going tp Barton-Aschman ' Associates Inc., a Minneapolis planning agency, and the remainder going toward relat, ed land surveying services. City contingency funds are co=~*ering the cc~s= i plan won't he determined ' untU specific recommenda- tions are rr;ade, Baldwln.saW ' Howc~~pr, oq~ source of fund- Ing b~ y been Wend- ' fib. The city received notice in Febrltary that It wiQ be gpt- . tJctg a ~,OOQ grant from the laic to help replace the ' homed warming house at Fal: con lilelghts Community Park. Tp receive the grant, the city .. mtut put up;75,000 of Its awn toward the pro)ect. The Insurance payment from the-' fire, about i73,Q(1a0, will coveiT trtost of that, Baldwin said: The giant Is p$rt of the gow ernor's Celebrate Minnesota 199Q initiative. list year, the legislature apprapriatexi f700,00t11n gr~rrt money tor. community lnrprovement ' pro)ects statewide that would completed ~y 1;311. The. P4~e k-~s.to beautUy the state h~lore ~~~ ~sltora pow; lllto Mipaarota In July 1990 for the US.~Olympi~;~es-tival, said Dorothy Waltz, executive director of Cele• brace Mlnrnesottt t9~.. Almost 330 cgmmunities applied for the grant funds. 4t those, Faleon Heighta was one of only 8A to receive funding and one of only six to receive the i~5,0(N~,maxt= Master plan recommends- bons for Falcon Heights.Com- mynity Park probably wiU be " ' among the first implemented because of the S 100,000 already available, Baldwin said. Construction of a new. perk bulltling ~'or whatever faciUtythC master plan rec- . commends to.replace the warming Sheller -should be oampleted this year. A com- munity Ice cream social cele- bratingthe new tacWty will be held at the park In 1990. ' in the past, we've always flown by the seat of our pants when f< Same to the parks," ' Baldwin said. ~'fhen a few ' years ago we tilted'a year- round parks` and recreation director and made drarnatlC improvements in our parks . programs. Now we'd like to make dramatic Jmprnya. tnents ir. our p;hystcal parks faciUties,". QOk for the ~u~le booth at t1~~ , Park Festival, Sat., .lur~~e ~, - ~- yal Family UIYI'I'Y A~~~ ~nt~~~~~ ~~a ~ ,_is CITY OF FALCON HEIGHTS AGENDA MAY 9, 1989 A.CALL TO ORDER 7:00 P.M. I'~7 B.ROLL CALL: P. CHENOWETH / WALLIN / BUSH ALDWIN CIERNIA / WIESSNER / S. CHEN ~ ATTORNEY ENGINEE~ C.APPROVAL OF MINUTES OF APRIL 26, 1989 ACTION: D.PUBLIC HEARINGS: NONE E.CONSENT AGENDA: 1. Disbursements a. General Disbursements through 5/9/89, $22,528.98. b. Payroll, 4/16/89 to 4/30/89, $8,839.18 2. Human Rights Commission Minutes of April 20, 1989 Planning Commission Minutes of May 1, 1989 3. Waiving License Fee for Lions Club Food Stand at 40th Anniversary 4. Tatum Street Sod Project S. Ramsey County Sheriff's Report 6. Licenses 7. Posting of Streets on Parade & Run Route as "No Parking" ~ 8. Household Hazardous Waste Collection Agreement ACTION: F.REPORTS, REQUESTS AND RECOMMENDATIONS:. 1. Hamline Avenue Feasibility Report ACTION: 2. Request to Amend Parking Variance for Bullseye Shopping Cent r ACTION: 3. Request to Amend Conditional Use Permit for Golf-O-Mat Machi es ACTION:. 4. Code A Buildi ACTION 5. MSA 5 ACTION 6. Commun_ ACTION 7. Discus: ACTION 8. Solid ~ Curbsic ACTION 9. Sexual ACTION; 10. Plannii ACTION; 11. Schedu7 ACTION; i I nendments Relating to Dimensionally Non-Conforming igs and Structures and Residential Setbacks. tear Construction Program ICI ty Park Building .Reconstruction ion of City's Assessment Policy taste Commission Resolution Relating to Continuatio e Recycling and Related Items. n of Harassment Policy g Staff Request I e Strategic Planning Session ~ I ICI i F MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1989 Baldwin convened the meeting at 7:00 P. M. PRESENT Bush, Ciernia and Baldwin. Also present were Wiessner, S. Chenoweth, Gedde and Maurer. ABSENT P. Chenoweth and Wallin. (Wallin arrived later) CONSENT ITEM E (2), 40TH BIRTHDAY CELEBRATION, PLACED ON PO] AGENDA Item E (2) was removed to the Policy Agenda as it had been inadvertently placed on the Consent Agenda. MINUTES OF APRIL 12, 1989 Council approved the Minutes of April i2, 1989 as presented, CONSENT AGENDA APPROVED The following Consent Agenda was approved: 1. Disbursements a. General Disbursements through 4/26/89, $72,20 b. Payroll, 4/1/89 -4/15!89, $9,654.23 2. Fire/Ambulance Runs 3. Solid waste Commission Minutes of April 6, 1989 4. Spring Street Sweeping Contract 5. Licenses ICY 3.00 APPROVAL OF ANIMAL CONTROL AND ANIMAL POUND CONTRACTS FOR 1~ 89 Following a brief discussion, Council unanimously approved 1989 Animal Control Contract with the City of Roseville, a 1989 Animal Pound Contract with Brighton Animal Hosptial. APPROVAL OF CURBSIDE RECYCLING CONTRACT WITH SUPERCYCLE the Council approved the proposed contract. with SuperCycle, Inc. for curbside pickup for the remainder of 1989 as recommended by the Solid Waste Commission. CHANGES IN CITY'S DEDUCTIBLE ON LIABILITY AND AUTO INSURAN Council approved changing the City's auto collission deduct to $1,000 and the building coverage to replacement cost as recommended by City Accountant Relly. LONG TERM DISABILITY INSURANCE POLICY APPROVED Council authroized participating in a long term disability policy plan through Ramsey County as recomended by Kelly. le MINUTESr APRIL 26, 1989 PAGE 2 TRANSFER OF BUDGET FUNDS APPROVED Council approved Kelly's recommendation that budgeted funds for Insurance and Bonds be transferred from the Administrative Budget to the respective department budgets. BUSINESS BREAKFAST MEETING SCHEDULED FOR 5/17/89 An informal breakfast meeting with the local. businesses was scheduled for May 17, 1989 at 7:30 A. M. LEAGUE OF WOMEN VOTERS FINDINGS ON CITY'S PROCEDURES RELATING TO MEETINGS, MINUTES, AGENDAS, ETC. Council discussed the report (a copy of which is on file in the Clerk's Office) and some possible improvements in the present procedures. They also complimented the League on this comprehensive study. REGULAR MEETING SCHEDULED FOR S/10/89 CANCELLED - SPECIAL MEETING TO BE HELD 5/9/89 Due to conflicts with some other meetings,. Council cancelled the May 10, 1989 meeting and scheduled a special meeting for May 9, 1989 at 7:00 P. M. DISCUSSION - PROPOSED HAMLINE AVENUE IMPORVEMENTS (LARPENTEUR TO COUNTY RD B2) Baldwin reviewed the Engineer's preliminary response to questions posed by concerned residents in their petition dated April 21, 1989. WALLIN ARRIVES Wallin arrived at 7:35 P. M. Baldwin then explained the procedures for implementing projects such as the proposed Hamline Avenue Improvement and any subsequent assessments. He also .stressed that the right-of-way belongs to Ramsey County and it is the County's right to use the property as they feel prudent and necessary. JACK WALTERS, 1821 Hamline, stated there is presently a culvert in front of his residence and wanted to know if there was to be anything done on the storm sewer system. Maurer responded that he had not seen the detailed plans as yet. GLORIA HOCKBEIN, 1877 HAMLINE, was concerned about the loss of driveway parking space and asked for suggestions on how to create more parking on their property, such as possible changes in side lot set back requirements to allow widening of their driveways. Baldwin replied that it is possible to apply for a variance to the 5 foot set back requirement. KIM BROCKMAN, 1811 Hamline, commented on the following items in the Engineer's reply: Item 3(j ). MN/~T variance procedure, wanted to know the comparison of a variance to cost, Item 5(b), MINUTES APRIL 26, 19 89 PAGE 3 which two cities rquested the walkway, and 5 (b), felt there should be some survey of impact on property values and wanted to know if it was the responsibility of the homeowner or the City to obtain this information. She also felt that environmental issues should be addressed. Baldwin explained that in at the time the feasibility .study is approved the City has to determine if there is inordinate denegration of property, and if residents feel they have been seriously affected there is recourse through the appeal system. BILL SOUKOUP, 1763 Hamline, stated he is ogposed to the project, and that even though the County has standards the city should see how people feel. He was of the opinion that what the people say makes no difference. Baldwin explained that with the traffic count on Hamline the County would be derelict in its duty to not use the public land for public safety, and that .the street construction is a County decision. Soukoup suggested that if a sidewalk is installed it be placed next to the street, and asked who would have to shovel the walk. Baldwin stated that it was his opinion that the present feeling of the Council is that the pathway would be a City service, Soukoup also expressed concern that with the new construction, Hamline would become a truck route in a few years. JOHN ENGELHART, 1889 Hamline, requested that the City pursue a variance to have turn lanes at intersections instead of a middle lane all the way, which would narrow the street and not intrude so far into the intersection. He felt most of the residents would prefer a sidewalk with no boulevard. Maurer expained that the City could request a variance to reduce the street from 52 to 48 feet, however, part of the County's funding is from State Aid Funds and State guidelines require a 52 foot street. If it is reduced the County will pay only for 20 feet down the center and the remainder would be a local cost. The reduction in size would gain two feet on each side and double the cost to the City. MARGERY MCPARTLAND, 1789 Hamline, was concerned that the street will become a truck route and wanted to knave what protection the residents have that the street will not be increased from 3 to 4 lanes in the future. Maurer replied that the 52 foot street is based on traffic counts and the 3 lane configuration carries traffic as well as a 4 lane. He stated that there is no guarantee, but that the County has been happy with the 3 lane configuration. CAROL BROWN, 1835 Hamline, was concerned that Hamline could be used as a 4 lane street with the 52 foot width. TERRY SOUKOUP, 1763 Hamline, was not sure. the County is an unstoppable entity and felt the residents have not been properly represented. Baldwin again stressed that the design standards are the County's and s uggested those concerns should be addressed to County Commissioners Finley and. Salverda. MICHAEL MAZANEC, 1897 Hamline, felt the pathway would not be practical for bikers and suggested that an area along the street MINUTES APRIL 26, 19 89 Page 4 be striped for bikers.. He questioned the 11 foot boulevard and felt that 4 feet would be just as safe and serviceable, and would save some the present foliage. Mazanec was in favor of putting power lines underground and putting in additional lighting in conjunction with the street project. Baldwin stated that he would like all utilities underground but it is very. costly. JIM KUEPPERS, 1717 Hamline, felt the. interior streets are much better for walking and people will not go to Hamline to walk. He questioned spending money for a walkway on Hamline. Baldwin informed the residents that another informational meeting will be held May 9th at 5:30 P. M. to further discuss the proposed Hamline improvements. DISCUSSION - POSSIBLE PURCHASE OF PERMANENT "NO PARKING" SIGNS FOR STATE FAIR Wiessner explained that Public Works Foreman, Vince Wright, has researched the possibility of purchasing permanent "No Parking" signs for State Fair time rather than installing and removing signs each year. This was in response to concerns raised by the City's Workers Compensation insurer, and would also save time and expense. Council discussed the visual impact on the neighborhoods and the possibility of installing permanent ports into which the signs could be placed. Wright stated that he had discussed the ports with Ramsey County Public Works and was informed that there are several problems with this method, i.e., the holes fill up with dirt, posts still need to be affixed to the ground or they will be removed, and the installation is costly. Wright was of the opinion that the residents would get used to the year around signage. Staff was directed to research how other commuinities address the problem and to explore additional alternatives. DISCUSSION OF PROPOSED RESOLUTION REGARDING 1 FOOT STRIP AT END OF LINDIG ST. Council reviwed the proposed resolution prepared by Attorney Edward Bock which would allow Heinrich Loos, owner of the strip, to deed the land to the City and strill assure Mr. Loos of payment upon development of the lot across the street. Following a discussion Council directed Staff to inform Mr. Loos that they would be in favor of adopting the resolution with the following stipulations: 1) Loos would provide the City with an address of record, 2) would agree to a 25 year time limit, and 3) would pay the $800.00 legal and administrative fees up front. 40TH BIRTHDAY CELEBRATION UPDATE - PARADE ROUTE APPROVED Bush presented an update of the activities planned for the celebration and requested approval of the proposed route for the parade. and Fun Run, after which Council approved the same. MINUTES APRIL 26, 1989 PAGE 5 ADJOURNMENT The meeting was adjourned at 9:55 P. M. ATTEST.: r ~ U Shirley Clienoweth, City Clerk Tom Baldwin, Mayor. Consent R policq CITY OF PALCON HEICB?S itEQUESfi FOR COUNCIL CORSIDERATI0~1 1 Agenda Item: E-1 Meeting Date:S/9/89 ITEM DESCRIFTION: Disbursements SUBMITTID BY: Tom Kelly REVIEWED 8Y: EXPLANATION/SUl~tARY (attach sdditioaal sheets as aeceasary): a) General Disbursements through 5/9/89,22,528.98 b) Payroll, 4/16/89-4/30/89, $8,839.18 ACTION REQUESTED rJ J'~~/~~ , L~ 000 ~Or-I OOOOv1O0~OOOO~0OOOa0o~OOOu'1O~u'1N OOOc'1 OOu1 a0Ou1OO O~0O OOOOO CO OOa0Ou1OO O0O~D1~~+1~1'O 1.-1 O u'11~I~Of~~CN O~70p ON~ON ~t I O NOCO~D000000 1ON u1u1oDC~O.t ~ I r-I rl N O~ to ~*1 .-i N ~D ~Y Oti .-i N r-i N e~1 O I OC Op r-I ~-1 rl r-i v1 O 1~ O O ~7 ~,.~ N ri C3 r-I r'i V1 1~V1 .-'1 t/}w w w w 7 N i ~Y a a m m a a x a o a v ai m u tl m w', ti-1 H w a bIl is w m x m a x w 0 o m G o a t' x a a a s+ cu a a •.a a u a a a m w o o ao a a a a a a a cd ~ u m w m a m ca m ~ m a m s+ ~ ~+a ~+o ,i a a cd a O u 0 u O a O a~ ~bvwna .n a ~ a ~ m ,a as y.~ . moo 1~ ~rl y.~ a y Y1 m 7" (w ao+ a a a ~+ a a a b ~+ a m oQ~ ~I"~0 ~m w u • d a o4 00 w 1+A O A i m V oo ~ rl a O a,+ ,a w S +~a..i cd ~ a v ,~a a .-~ a a a a .a o uaa a a vcoa acd+.~a as aaaao 3u a ,~+ a m -d O a a v u b a ,-~o a s ~+ v ,~a ,i a ~*+ •~o c~at.~~ooa,~t m u mr+ o,~ab a~ a m,a.a u,o m.~~ m a~ am aam amam.o muEaamm am w ~a z a ~+ ~m ,a w a m a cd i acs: a d a a m ,-I a~c~ s.+ a ~+ r.+ ~ rt a s,a o a~a ~sa~~+~~-+wa auaaa s+.e,a a ,c a n m b ~ o a x a ca ~ a c a i a a u oo s c ,~ ,-i a a c .o o .o Y+ .c a oo a t u m a r a aa d a a a Y+~oo a~caz= da na~-+ a a aoaso v~zaz= a oo c~o. a a ~+ ~ aaa ~ oaa aoadx~i~n m ~ w ~ ~+ ~, w a aw a+~x-te H~ N a a ax~xzzooa a u O U a m O m m Y+i i +~ b m,~b ~ a v v odocaaw m d H u W a o A a o w ~v a i iba m ip ooar+am maa ~+axa asUc0ta-a a y.' a a q i a +~ u p, a v cd ~+ a a ++m a ~oo x ao ~ a oo a s ~ m a s+ a z as u u a r+ a ~+ ~w h w a .~ a P cn ~+ a o N a °i~x a a a i.+cd•-~a rioac a G! ~+en of co a IA m 1 ctl e0 A +~ri a a .i P4 O +~ ~+ F W x 5 d O c u u s+ rl rl +-~ R! 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H OoOri Or-I000000»0~0~0~00.-~00 O.-I N 0000 0000 N000~7 000~o O+ 7f~f~N u'1o0000~7r-1~70~tO~OONr-1 op N ~O N ~--I M ~7 u'1 tr1 u1 r-1 00 ~ry O V1 i t~1 rl N N t? rl ~'~l .-I N ~D rl r-1 w i ri u'1 w 7 N N Y a H O H G1 v u G u u a N ~ N wNw ooai ai m p ao w a o m 0 O ii7L1J-1OUO F+ ~ O O 00 OD r-I O w w R.O i w v Q. 3a W v~oua~a v~~~ u p u b0 ~~ o ~.~+ ,a u w v ;° ~ ~ ~ o a ~o o i ~i ~ ~ aa i .ca o v .-~ b a~ ~ v, u u o1 a~u Ts m o 9 uoi .-i .~ cs..a v ca n 1 8 a~ ~ o ,-~ ~ u cd u O ,~ v .a rt u 1 u p~ u G y o ~+ ~~~ m -d ,-i p~a~ ~ q u o a~ ~ o ~d ,~ a a o o u a~ a~ o a o 0 o v x zc~'3zc7addwAv~F~+Afrla wUzw a~ o o a~ u m m x a rl ~U n1 OooO U O0~f+ ~b I ~+ N q N u rl O H o ~o a m a 3 ~ai - m mn aD bciw ~ ~ s w.c u?ia oa~oucovo ono o a-~v~cn a~ ~ ~+ U m a ~-+ a ~u a w u co H c/1 rl b H N :3 GJ ~Cq a~•~+ ~a~ v a~n,-~ ~~ ~ m am ~ ~ O cd O O O V] rl cd X 0 0 ~+ 0 0 1 O 4J o~1C9FCAE-~OAhOOUZ W UP+cnAE+U D H A O a z 00 O~ O .-~ N c+1 .t v1 ~p 1~ OO ~ O .-I N f7 .t trl ~O W U c*1crf~7.7~7~7.7~7~1~t~7~tU1 u'1 u1 u1 u1tl1tt~ z W N N N N N N N N N N N N N N N N N N N W N N N N N N N N N N N N N N N N N N N U'U N N N N N N N N N N N N N N N N N N N 27 Apr 1989 Paid Register Paee i Thu 18:34 PM City of Fairon heights Pay Day Check Employee Eapioyee Pay 6raup Group Check Number Number .Name Period Number Description Check Aaaunt Date Status 017420 0 0.00 28-Apr-B9 VOID 017421 4 0.00 28-Apr-89 VOID 017422 0 0.00 28-ppr-85 VOID 017423 OOUO(~002 Wiesner, Janet R.8 Ui s~-i-monthly 1,155.95 28-Apr-89 Dutstanct~nD 017424 000000004 Kriegler, Carol J.8 O1 semi-eonthly 285.50 28-Apr-B9 Dutstandinn 017425 000000011 Cheriaweth, Shirley 6.B Ui seroi-mcmthly 75E.77 28-Aor-89 Outstanding 017426 000400420 Iversary Terry D.8 01 semi-ianthly 820.53 28-Apr-89 Dutstandin3 017427 000040427 Morgan, Jay MS.8 Us semi-monthly 749.92 2B-Apr-89 Dutstandinc 017428 040400035 ZirKaer~san, Katherine 8 O1 Semi-mthly 321.66 2B~lpr-89 Outstanding 017429 00UaW(i38 Wright, Vincent D.8 U1 semi-iaonthly 807.81 28~1pr-89 Dutstandino 017430 000000063 Phillips, Patricia A.8 01 semi-Monthly 617.30 28-Apr-89 Outstanding 017431 OUai~G055 Kelly, Thaeas R.8 U1 semi-Monthly 774.47 28-Apr-89 Outstanding 017432 000400470 Sell, Miatthew W.8 01 semi-monthly 75.88 28~Ipr-89 Gitstanding 017433 UOQOUOU72 Carlson, Carol 8 O1 seMi-sonthly 231.85 28-Apr-89 Outstandingt 017434 000000001 Baldwin, Thaws W.4 03 thiy 2 346.84 28-Apr-B9 Outstanding 0174 OUOOU0003 Baumann, Nicholas B.4 U3 monthly 2 50.71 28~pr-$9 Outstanding 017436 OODU00005 Berndt, Ross -4 0"s rorthiy 2 41.50 26-Apr-B9 Dutstandine 017437 OODUCK~UU7 Bianchi, Joseph D,4 03 monthly 2 68.04 28~•lpr-89 Dutstandin„ 017438 OOOOOOOUB Brown, Raymond F.4 43 earthly 2 63.00 28-Apr-69 Outstanding 017435 OOOOUODU9 Bush, Patti J.4 03 mthly 2 238.65 2b-Apr-89 Dutstandin; 017444 0004040/0 Chenoweth, Philip E.4 03 monthly 2 293.00 2B-Apr-B9 DutstandinL 4(~U40412 Ciernia, Paul C.t~4 U3 monthly 2 254.04 28-AAr~-89 Gutstar~tr,c 0 000040016 Holmerer,, Jahn M. Sr.lE 4 U3 monthly 2 135. U0 28-ppr-85 Gutstar~ir. 0.7443 UUG0UOU22 LeMay, Dennis 6.4 4s monthly 2 56.00 2&-Anr-B9 DutstanCtn. 017444 000004024 Lindig, Leo 4 U3 ronthly 2 303.34 2B-Apr-85 Dutstar~in_ 017445 OOUOUOU33 Schauffert, Craig F.4 U3 monthly 2 135.t~u 2d-Apr-89 Dutstar,din_ 017445 400000434 5mida, Gail 4 03 oonthly 2 63.40 28-Apr-B9 Dutstandinc 017441 OUOUOUG37 Wallin, Gerald E.4 43 eonthly 2 2W.40 28-Apr-B5 Dutstandin 027448 000400039 Moorgan, lay 4 U3 monthly 2 41.50 28-Apr-89 Outstaroiny 61^and Total C 8,839.18 Consent X Policy r r L CITY OF PALCON flEIGflTS itEQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-2 Meeting Date: S/9/89 ITEM DESCRIPTION: Commission Minutes SUBMITTED BY:Various Commissions REVIEWED 8Y:S. Chenoweth LANATIONjSUMMARY (attach additional sheets as access:ry): a)Human Rights Commission Minutes of April 20, 1989 b)Planning Commission Minutes of May 1, 1989 ACTION REQUESTED:Approval p. Attachment (a) MINUTES HUMAN RIGHTS COMMISSION APRIL 20, 1989 Minutes of previous meeting were approved. Carol Carlson .reviewed the research she has done regarding a seauai harrassment policy. Her report: identifies what sexual harrassment is investigations recommendations defines roles of our power beyond city government defines who policy covers (includes city officials) issues: scantily clad people can be taken down She requests: To research (informally) The issue of visual abuse and its definition in other cities General encouragement and support Jan Talbot is to check on information available for Human Rights Commission on local commissions. Wayne Groff will arrange for next training session to be held June 17. Meeting adjourned. C, b) MINUTES REGULAR PLANNING COMMISSION MEETING May 1, 1989 Chairman Black called the meeting to order at 7:30 P.M. Black, Barry, Boche, Duncan, Finegan, Grittner and Nestingen.PRESENT Also present was Council Liaison Wallin, Mayor Baldwin, Administrator Wiessner, Planner Malloy and Intern Carlson. Carroll and Daykin.ABSENT Duncan moved, seconded by Finegan, to approve the April 3, 1989, Planning Commission Minutes as"presented. Motion 4/3/89 carried unanimously.MINUTES APPROVED Administrator Wiessner reviewed background information on the Bullseye Shopping Center parking variance and their present request to amend such variance. She recommended PARRING approval contingent upon three conditions: (1) a written VARIANCE supplemental parking agreement, (2) annual review of parking BULLSEYE variance and (3) a restaurant space limit. Discussions GOLF then ensued on whether the amendment of the parking variance should be tied to the amendment of the conditional use permit, the use of the basement storage area by the golf-o-mat machines, how the annual review would be done and by whom and what WIESSNER means the city could use if the parking variance were violated. After such discussion, Boche moved, seconded by Finegan, approval of amendment to the parking variance contingent VARIANCE upon the following conditions:APPROVED 1) Use Square Feet Parking Req.* #Spaces Storage/ ` Warehouse 12,1.94 1/100 s.f. 13 Retail 21,948 4.5/1000 s.f. 99 TOTAL 34,242 } The basement area would be used as storage/warehouse space. (A reconsideration of the conditional use permit for the Golf-O-Mat operation has been requested.) 2) Retail retail 15$ of feet. operat not as space is defined to include traditional uses, and restaurant useage shall not exceed the total retail space or 3,292 square Use of space as take-out or non-sit down ions will be considered as retail space, restaurant space. MINUTES REGULAR PLANNING MAY 1, 1989 PAGE 2 COMMISSION MEETING 3) A parking budget of existing tenants of the shopping center will be submitted to the City of Falcon Heights annually for review by Administrator to determine compliance with the variance. 4) There shall be a written parking agreement in place. PUBLIC HEARINGChairmanBlackopenedthepublichearingandadvisedthatCODE the hearing notice had been published in the April 19 Roseville/Falcon Heights Focus. AMENDMENTS Tip Malloy reviewed his April 13, 1989 memorandum regarding updated revisions to residential setbacks as well as proposed MALLOY code amendment recommendations. Howard Christensen, 1452 West California, supported a changeinthecitycode. He was of the opinion that if .younger families are not allowed to build on additions, they will not consider purchasing homes in this city and there will be a lot of empty homes. He also felt there should be room for .expansion on corner lots. Home values will decrease if additions are not allowed. Mayor Baldwin referred to his April 18 memorandum. The present code violates the intent of planning ordinances. The city should be concerned about maintaining valves of residential property and by continuing to impose unfair standards violates resident's rights to maintain a good quality of life. He was in favor of the code amendments. Chairman Black closed the public hearing at 9:12 P.M. Finegan moved, seconded by Grittner, to approve amendments to the city Cade in Section 9-2.02. Upan a vote being taken, the following voted in favor thereof: Black, Barry, Boche, Finegan, Grittner and Nestingen, and the following voted against the same: Duncan. Motion carried. Nestingen moved, seconded by to the city code in Sections carried unanimously. Barry, approval of amendments 9-2.04 and 9-2.05. Motion As a result of the Planning Commission approving the above code amendments, Mrs. Elizabeth Murphy, 1456 West California, will not need a variance for an addition to der home. Bullseye Golf requested an amendment to their conditional use permit. Administrator Wiessner advised that problems encountered by adjacent property owners by having patrons of the golf-o-mat machines using the rear (north) lot has resulted in such an amendment request. After a discussion,. Barry moved, seconded by Nestingen, amendment of the conditional use permit for Bullseye Golf with the following conditionaz HOWARD CHRISTENSEN 1452 WEST CALIFORNIA BALDWIN HEARING CLOSED CODE AMENDMENTS 9-2.02 APPROVED CODE AMEND. 9-2.04/.05 APPROVED ELIZABETH MURPHY VARIANCE NO'. NEEDED CONDITIONAL USE PERMIT AMENDMENT REQUESTED APPROVED MINUTES REGULAR PLANNING MAY 1, 1989 PAGE 3 COMMISSION MEETING 1. The operation is limited to sixteen (16) machines with the occupancy limit being posed as designated by the Fire Marshal. 2. Patrons of the Golf-O-Mat facility will be required to enter the establishment through .the Golf Shop entrance. CONDITIONAL USE REQUEST AMENDMENT APPROVED WITH CONDITIONS 3. Signs shall be posted, in accordance with the requirementsintheCityCode, requiring patrons to park in the south and west .parking lots of the Bullseye Plaza Shopping Center. 4. Hours of operation in the Golf Leagues will be limited to 7:00 P.M. to 8:30 P.M. Monday thru Thursday. 5. The amount of retail square footage equal to the area occupied by the Golf-O-Mat facility shall have hours of operation which do not coincide with the hours of the. golf leagues. 6. Each year the owners of the Bullseye Plaza shall supply the City with information regarding the Center's current tenant mix, hours and vacancies. This information will be used to review the parking plan for the .Center. If it is determined that the Shopping Center is in violation of the parkingvariance, the Conditional Use Permit may be revoked. 7. A written agreement for an additional 13 parking spaces shall be in effect with property owner(s) within 500 feet of the Shopping Center. 8. Restaurant use shall be limited to 15 percent of the available retail space under this shared parking plan. Additional restaurant space would requirefullcompliancewithrestaurantparkingrequirements in the City Code. Upon a cote being taken, the conditional use amendment was approved unanimously. Black presented the Parking Commitee Report and asked for PARKINGPlanningCommissioninput. After a short discussion, Nestingen COMMITTEEmoved, seconded by Duncan, to accept the preliminary draft REPORT report policy as a progress report. Motion carried unanimously. f MINUTES REGULAR PLANNING COMMISSION MEETING MAY 1, 1989 PAGE 4 Administrator Wiessner addressed the Planning Commission request for staff assistance and reviewed her recommendation of hiring a part-time professional staff planner and how the process would proceed. Finegan moved, seconded by Duncan,approval of the concept. Motion carried unanimously. Nestingen moved, seconded by Boche, to adjourn the meetingat9:58 P.M. Motion carried unanimously. Submitted by: Katherine J. Zimmerman Approved• Edgar Finegan, Secretary J PLANNING COMMISSION STAFF ASSISTANCE REQUEST APPROVED ADJOURN- MENT Consent X Agenda Item: E-3 Policy CITY OF FALCON HEICBTS Meeting Date:S%9/89 a YEQUEST FOR COUNCIL CONSIDERATION ' r L r L ITEM DESCRIPTION: Consider Waiving. License Fee for Falcon Heights/Lauderdale Lions. Club Food Stand (40th Anniversary Celebration) SUBMITTED BY: S. Chenoweth tiEVIEWED BY: lO~LANATION/SUMMARY (attach additional sheets as aecessary); The local Lions. Club is planning to operate a food stand in conjunction with the City's 40th Birthday celebration May 20th. The Glub is required to obtain a license from the Ramsey County Health Department and that de- partment will waive. the fee for non-profit organizations providing the license is obtained at least 72 hours prior to the event. Our City Code also requires licensing of itinerant vendors ($35.00 fee}. Under the circumstances perhaps Council would like to consider waiving the City fee for this occasion. (This waiver was not requested by the club) ACTION REQUESTED: Consent_~_ Policq i CITY OF lALCON SEICHTS YEQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-4 Meeting Date:S 9/89 ITEM DESCRIPTION: Tatum Street Sod Project SUBMITTED SY: Jan Wiessner and Terry Maurer REVIEWED 8Y: . 1~LANATION/SUMMARY (sttach additional abeets ss accessary): The deadline for quotations .for the sod replacement project is May 12th. Rather than wait for Gouncil approval at the May 24th council meeting, I would like to be authorized to accept the lowest reasonable bid so the project can be completed as soon as possible. It is expected to cost $5 - $8,000. ACTIO2~ REQUESTED: Authorize Administrator to accept lowest reasonable quotation and proceed with sod replacement project. Consent R Policy_CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-5 Meeting Date:S/9/89 ITEM DESCRIPTION: Ramsey County .Sheriff's Report SUBMITTID BY:Sheriff's Department REVIEWED BY:S. Chenoweth PLANATION/SUMMARY attach additional sheets as accessary): See attachment.. ACTION REQUESTED: 0 a i W ~' o ~, MO U OF s p~ N dp 0 Fw-= N n ~- I ,OOdOOgO~i~NQ, ON X00 '00 1 W W v a• f W ~D KI- Z ~ W ! za~-J ~ s= I- ' 1 N N ~ O~=NQNWWt~F W -~ VW M WN~MF~JW1- ~ f W S Ni HZZ~N •Oi< FW H OOL ! 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Y ~ =W =Otlr+.J 1+J Y=-y1L W I J i < O ai O O =~ O ~r at W Z O O -1 O WW ~ 1L m<O O -W1VJ=L NNN-~s ;-. it <w A ~}-•OO~ w•1 +haA aO..~NA i I ia,.. .w ~ ,r ~ a a ~ a a a ~O A I- h. 1~ 1 I I I i I i i n n r L L Consent R Policy r Agenda Item: E-6 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDEBATIO~N Meeting Date: 5/9/89 ITEM DESCRIPTION: Licenses SUBafITTED 8Y:Katherine J. Zimmerman REVIEWED BY:Shirley Chenoweth LANATIONJSUMMARY attach additional sheets as necessary): All licenses are new except Asphalt Specialties Co., Inc. ACTION REQUESTED: Approval. CONSENT AGENDA May 9, 1989 Special Event Consumption University of Minnesota Medical School #331 Student Affairs Office 420 Delaware Street Minneapolis, MN 55455 Corporate Tulips Restaurant #332 (restaurant at 1666 Coffman)452 Selby Avenue St. Paul, MN 55102 General Contractor Brian Fox #333 Asphalt Specialties Co., Inc. #328 Schoenborn Construction #330 Walker Roofing Company, Inc. #329 NEW Consent g policy CITY OF FALCON HEIG~ITS REQUEST FOR COUNCIL CONSIDERATION Agenda Item: E-7 Meeting Date: 5/9/89 ITEM DESCRIPTION: Post streets on Parade & Run Route as "No Parking"and Notify Residents SUBMITTED BY: pat Bush REVIEWED BY:Jan Wiessner PLANATION/SUMMARY attach additional sheets ae necessasy): To aid in traffic control and safety, it is recommended that we post the streets on the parade and run route as "No Parking".The streets would be posted as "no parking" from Friday afternoon May 19th,to noon on Saturday, May 20th. Residents along the routewillalsobenotifiedbyletterregardingtherouteandtimeoftheparadeandrun. ACTION REQUESTED: Consent R Po11cy_~_CITY OF PALCON HEIGHTS 1tEQUEST POR COUNCIL Agenda Item: E-8 Meeting Date:5/9/89 ITEM DESCRIPTION: Household Hazardous Waste.Collecti n Agreement. SUBMITTED BY: Ramsey County Dept. of Public Health REVIENED BY:, Maul Mattke PLANATION/SUMMARY (attach additional sheets as nece aarT): In January the Council authorized $350 for his joint project. The attached agreement is the second draft.Paul Mattke reviewed the first draft and made several recommends ions in the City's interest. Although the agreement does not pecify the proportionate responsibilities as recommended by Paul, it has .been changed by Ramsey County to cover his other concerns. ACTION REQUESTED: Approve Household Hazardous Waste C llection Agreement with Ramsey County, Roseville and uderdale. 4 HOUSE~:OLD HACAP,DOUS k'AS'~'E COuLECTIOLLQ AsREE?MEt~T is Ag~~eeme•nt is entered into between the Ramsey County Board of Comr.~issioners (COUIJTY), State of Minnesota.., Roseville, Falcon Heights and Lauderdale tcollect:vely the CITIES), Minnesota throucrh their respective councils. IhEREAB, the CO'J:~'TY and CITIES desire to organize and implement a household hazardous waste collection program to be held for the benefits of the citizens of Roseville, Falcon Heights, and Lauderdale. THEREFORE, the parties agree to organize and iAplement a household hazardous F*aste collection pzo~ram subject to the C~110Wincq tarns and conditions. 1. PURPOSE This Agreement shall establish the responsibilities of the COL'IdTY a__^.d CITIES in jointly organizing and implementing a household hazardous ~;aste collection program for the residents of Roseville, Falcon Heights, and Lauderdale. c . COLL~CTIOId DAY The parties, by mutual agreement, shall select one day in April or May 1989, to be known as the COLLECTION DAY, when residents of the CITIES may bring household hazardous. wastes to the collection site for disposal. 3. ~?OUSEEOi.:TJ i°~AC.AstDOUS WASTE Household Hazardous Waste" means waste as de`ined in Minnesota States Chapter 115A.96, subciaision 1 tb) (:.987}. 2 t t 4 . CC~LLECTIO'~ SIT^ S Collection site shall bE t:~e place whe_e resiae:?ts of t:ZE CITIES may bring household hazardous wastes for disposa_. This shall be located at the ?ublic Works. Garage at '!~40 Woodh_ll Drive in the City of Roseville. TERM This Agreement shal_ be effective from April 30, 1989 to June 30, 1989 or until all obligations have been satisfactorily fulfilled, whichever occurs later. 6. STAFFING The COUNTY and .CITIES shall each provide volunteers ar.d employees sufficient, in the discretion of the COUNTY, to staff and operate the collection site. All workers must be at least 18 years old ar_d must read and be familiar with tt:E Ramsey County Household hazardous Waste Collection Operations manual, and each worker must attend the household hazardous waste training session established by the COUNTY. The COU?~':'Y shall notify the. CITIES of the time and 'place of such training, and it shall be .Lhe responsibility of each city to notify its staff and volunteers of the time .and place and obligation to attend. Each Worker shall si ~Qn a statement acknowledging that he or she has attended the- training session and is far:iliar witri and will follow the prescribed collection day procedures. 7 • EPA GEI`;EP.r1TOR IDENTIFICATION Iti'UI$gER The COUNTY will obtain an E.P.A. generator identification number for the collection site. 2 8 • ORGAIrTIZAT?OIdAL TASFS The CITIES shG?1 assist with the organizat_onal du ,t_ es associated with the collection including arrang=ng for e p ,site, site set-u and coordination, vo~unteer coon d_nat~on,publicity for the collection day, and operation of the recycling/reuse table. The County shall organize. the workers as to duties, rovepodeeducationalmaterials, surveys, and publicity materials. TheCountywillmakenecessaryarrangementsfordisposalofhazardouswastecollected. 9 • EOUI PME'NT Ramsey County shall provide safety equipment including fireextinguishers, eye wash stations, gloyeS, goggles, r'•inorspillcontainr:ent mater_al and. protective clothing for theCountyemployeesandvolunteers.. The CITIES will provideothernecessaryoperationalequipmentatthesiteinc=udingtents, dumpsters, c?~,airs, sanitary facilities and runningwater. 10. COLLECTION TRANSPORTATION' AhTD DISMAL The COUNTY has designated Aptus Inc., Lakeville, Minnesota,as the contractor who will ;package, store, transport andproperlydisposeofallhazardouswastecollectedatthesite. Ramsey County will act as the. hazardous waste generator, using its hazardous waste generator EnvironmentalProtectionAgencyidentificationnumberforallwastecollectedatthesite. The CITIES will transport and disposeofnon-hazardous acceptable solid waste. The County will 3 ~ ` arrange for collection znd disposcl o= e.. any bGtteries. 11. TERMIIdATIOAt The COUNTY or CITIES may terminate t"r_is Agreer:,ert without cause by giving notice to the Chairperson of the Co~.!nty Board and the Chairperson of the official governing boos of the CITIES. This notice shall be given at least 10 Zags before the effective date of termination and .n all czses at least ten .days before the scheduled collection day. 12. EFFECT OF TEP.MINATIOTJ Termination shall not discharge any liability, responsibility, or right created or incurred by the. COUNTY, or CITIES during the term of this Agreeent. Each party to this Agree.^.-ent shall be liable for its oh-n acts to the extEnL provided for by law. 13. SjVERABILITY The provisions of this Agreement are severable.. If a__^.y paragraph, section, subdivision, sentencE, claise of phrase of this Agreement is for any reason held to be contrary to law, such decision shall not effect the rer~ain=ag portions of this Agreement. 14. ENTIRE AGREEMENT/REQUIREMENT OF WRITI`JG It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral and written agreements between the parties relating to household hazardous waste co~lection programs. Any alterations, variations, modifications or 4 waivers cf the provisions of t::is Agreement shall be ~a.id only when expressEd in writing and sigr_ed ry zll of t2:e parties to this Agreement. 15. BOLD HAR2~LESS The CITIES and the COUn'TY agree to indemnify and hold eac~~ other harmless from any claims, der:~ands, actions or cause of action arising out of any act or omission on the part of their respective commissioners, officers, agents, servants or employees associated with activities pursued under the terms of this Agreement. Nothing in this agreement shall be construed to be a waiver of the COUNTY'S or CITIES' governmental iamunities or exceptions of liabilities. 16. ASSI::?L~:E;::'/SU3CONTRACTING i The CITIES and COUNTY shall not as_=iCyn any interest in this Agreement and shall not transfer any interest in the same, whether by subcontract or assignment, without prior written consent of the other parties. 17. ACCESS TO RECORDS/AUDITS A. The COL'P~TY and CITIES shall have full access to all records relating to the performance of this~Agreement. B. The COUNTY and CITIES agree to maintain records relating to the terms of this Agreement, and shall retain all such documentation for three years following the last date in which a household hazardous waste collection was held by the parties or following the termination of this Agreement, whichever is later. Such records .shall be made available for audit or inspection at any time upon 5 ' request of the COUIITY or CITIES or _ts aLthorized representative. 18. EQUAL EI`iPL0YME2.'T OPPORTU"CITIES In all activities related to the terms of this Agreement, the CITIES .and COUPJTY agrees to comply with all Federal, State, ar_d Local laws, ordinances, rules, regulations, and executive orders pertaining to unlawfLl discrimination on account of race, color, creel, re'_igion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 19. COMPLIANCE WITH REQUIREMEIITS OF THE LAW The CITIES a,~d COUNTY agree to comply with all Federal, State, and Local laws or ordinances, and .all applicable rules, regulations, and standards established by any agency of such governmental units. which are now or hereafter pror,~ulg~ted insofar as they relate to the CITIES' er_d COUNTY`S activities under the provisions of this Agreement. 2Q. PROPERTY DISTRIBUTIOA' Property acquired to perform the tasks under this Agreement shall be the property of the party acquiring such assets. Assets acquired jointly between the parties shall at the termination of this Agreement either be: A. sold with net proceeds distributed to each party in proportion to its original purchase contribution or; B. conveyed to a party for the fair market value of t:~e property proportional to the other party's original b f purchase contribution. AS WITNESSED W'riE°EOF, the COUPrT'~ and the CITIES have execLted this Agreement on the dates ind~ceted below. RA2,SEY COUNTY CITY OF Roseville. BY BY Executive Director, Rar.~sey Coun*_y Title Date Date By Chief Clerk, Ramsey Cou:ay Date Approved as to Form:BY By Title Ass_stant County Attorney Date Date BY InsLrance Approved:Title gy Date P.isk Manager Date City of Falcon Beights BY Title BY Budget and Accounting Date Date 8Y ' B Y Title Director,Public Health Date Date BY Title Date 7 City of Lauderdale BY Title Date BY Title Date BY Title Date 5/4!89 f: jpahhw 8 Consent Foley lgeada Item: F_1_ CITY OF IALCOAI _HEIt:81'S 5 /9 /89illsetingDate:__ tEQUE&? F~ COUNCIL Ct~SIDERJtT~OlQ ITEM DESCRIPTION: Hamli~}e :Avenue Feasibility Report SUBMITTED n7t: Terry Maurer, Maier Stewart and Associates RER1IEiJED 'SY:. Jan Wiesner , PLANATION/St1MMARY (attach ~ditiaaal sbeete as necdss:sy~: The next step in'the Hemline Avenue reconstruction project is to accept.. the Feasibility Report. The council can accept tthe report. as recommended. or make changes. Attached is a revised response. to the. questions in the petition prepared by Maier Stewart and the Ramsey County.Publie Works'Department. Copies of this response will be available for he public at the ',Public Information meeting at S : 30 P . M. _ /~. t_ .kk- ~~d~ .~-c.- .w-+~iQ. ~, 1 ~P.;;~ ~ss~.c, Q.?.t,occ,.~tz. cwt c~ `~-'`'t- . Z v~ (,cad-~h - l° ~ °~C' 'd~`~- .~-~°~ ~~c y , ~ ,max- ati~ ~ lsuaA~t d-~>a ACTION,BEQRJESTED: .Accept Hemline Avenue Pro3ect Plan 1 o 3~S J May 2, 1989 File No: 460-001-20 CONSULTING ENGINEERS Maier Stewart & Associates Inc. Honorable Mayor and City Council City of Falcon Heights 2077 Larpenteur Avenue West Falcon Heights, MN 55113 RE: Hamline Avenue Concerned Citizens Dear Council Members; Honorable Mayor and City Councll City of Roseville 2660 Civic Center Drive Roseville, MN 55113 We have received a copy of the Setter from the Hamline Avenue Concerned Citizens dated April 21. 1989, addressed to the City Council. We will attempt to answer each of the questions raised by the group. The questions are listed below in bold type followed by our response: 1) Traffic Counts A) Specifically when was traffic observed? a) The traffic Counts were taken by the Ramsey County Public Works Department between Tuesday, January 17 and Thursday, January 19. 1989, B) Nhat was the length of the observation? b) The counts were 48 hours in length, which is a statistically valid sampling length. The counts are then adjusted by a factor to account for the day of the week and month of the year. The factor used for these counts was 1.066. Copies of the traffic counts are attached. C) Haw often was a traffic count taken? 1) If only once, was it an aberration? 2) If only once, should the count not be verified by additional counts? 3) If more than once, what were the results of the other Counts? c) The counts were only taken once for the project design. However. the County takes traffic counts on their State Aid roads every two years. The history of these counts bears out the accuracy of the current counts. 1959 SLOAN PLACE, ST, PAUL, MINNESOTA 55117 612-n4-6021 C7 CITY QF FALCON IIEIGNTS MAY 2,1989 PAGE TWQ 2} Traffic Projections A} Specifically. what is the basis of the projection? a) The projection factor used on Hemline Avenue for the twenty year design is 1,6, This means that over twenty years traffic is expected to increase by just aver P~ per year. This projection factor is established in the Minnesota Department of Transportation (MnDOT) State Aid manual specifically for Ramsey County. It represents the average growth of traffic in Ramsey County based on traffic counts, B) Why would traffic on Hemline Avenue increase at normal rates since the street is dead at both ends? b) The section of Hemline Avenue being considered for upgrading is not a dead-end but rather connects a minor arterial (Larpenteur Avenue) with a major arterial (T.H. 3S), There are numerous other reasons for vehicles to travel this section of Hemline such as access to commercial areas, the county library and Como Park. For these reasons, it is expected that traffic volumes will continue to increase. C) Since traffic increased substantially when Snelling Avenue was closed and since much of that traffic remained when Snelling was reopened. would not the same thing happen in reverse when Hemline is closed? c) We do not believe that the reconstruction of adjacent thoroughfares has a lasting effect on the traffic volume on Hemline Avenue. Nor, will the reconstruction of Hemline Avenue. have a lasting negative effect on its traffic volume. 0) Are these projections based. an the current situation on Hemline Avenue. i.e.. Z lanes of current width or are they based on the fact that traffic would be encouraged by wider streets and additional lanes? d) These projection factors are applied to current traffic volumes to determine estimated future volumes. The roadway design is then based on this future volume. The current condition of the streets' cross section is not an integral part of this projection. CITY OF FALCON HEIGHTS MAY 2, 1989 PAGE THREE 3) State Standards A) What specifically is required by State standards? 1) Do standards specify traffic counts as minimums. maximums, averages, means, etc.? 2) Are copies of those standards available to the concerned public and how may they be obtained? a1 Based on traffic counts, Hamline Avenue is considered a high density arterial. The State standards governing width are from the Minnesota Department of Transportation State Aid manual. A copy of these are attached. B) Are variances an option and should they not be considered in this case? b) A variance from MnDOT design standards to maintain a two lane facility after construction is nvt an option. C) Why are turn lanes the full length of the street being proposed when there are no major intersections the length of the proposed project? c) It is felt that three lane option with a continuous center left turn is a better alternative than the four lane option because it provides for an easier access to adjacent properties. D) Why are turn lanes required at all? d) The center turn lane is in lieu of two addition through lanes, one in each direction. f) Why are turn lanes proposed to be 14` when 12' driving lanes appear to be sufficient? e) The concern is the position of vehicles using the center turn iane. As cars enter and prepare to leave the turn lane, they are typically slightly skewed relative to the iane lines. Therefore, two additional feet of width are provided. F) Why are 7' shoulders required when few if any of that width have been required in the past? Note: Lexington Avenue f) The l foot shoulder .area is the remnant left with the three lane striping option. Lexington Avenue has a 5 foot shoulder area because the MnDOT standard in place at the time it was reconstructed was 48 feet. The standard has since been increased to 52 feet. CITY OF FALCON HEIGHTS MAY 2, ]989 PAGE FQUR G) Are all of the above mentioned distances calculated such that 5Z' will be available for a future 4--lane expressway? g) The four lane option was not recommended in the draft feasibility study. H) Why 1s traffic being promoted on Hemline Avenue, primarily a residential street, when historically the major North/South traffic routes have been commercial streets located 1 mile apart. i.e., Rice Street, Dale Street. Lexington Avenue and Snelling Avenue? h) The traffic counts indicate the traffic is currently there. Traffic will continue. to increase whether or not the road is reconstructed. Also, Hemline is an integral part of the Ramsey County road system. Therefore, it is being considered for upgrading. I} Could we be provided with a copy of the appropriate standards which are applicable to this project? i) The width standards are attached from the MnDOT State Aid manual. J) Are the appropriate standards so precise and inflexible that absolutely no deviation is allowed regardless of circumstances? j) There is a MnDOT variance procedure far consideration of deviation from design standards. However, this would have a dramatic effect vn the local cost of the project due to the County's cost sharing policy. Also, MnDOT requires the local government to accept ail liability involved with the deviation from engineering standards. 4) Underground Electric A) would this not be an ideal time to remove the power poles on Hemline Avenue? 1) What would be the cost? 2? Who would be responsible for this cost? 3? Are they necessary? Does this matter not deserve further stuffy? a) Agreeably it is an ideal time to consider placing utilities underground. N.S.P. has been contacted as part of the feasibility study to discuss this issue. The problem with relocating the power lines underground is cost. CITY OF FALCON HEIGHTS MAY 2, 1989 FAGS FXVE N.S.P. indicated that the main power distribution lines are currently underground. The overhead power lines which still exist provide the. direct service to homes and power for street sights. To change. this would require that homes now served with overhead power lines have the service relocated underground by an independent electrical contractor. N.S.P. Could then bury their lines serving the homes. However. these costs would not be paid by N.S.P., but rather are a local cost borne by the Gity. This still leaves the overhead power serving the street lights. N.S.P. provides the street lights. to the cities based on a monthly electric charge utilizing standard poles, lights, and overhead power. Any deviation from that standard requires the cities involved pay for the change. Based upon a discussion with N.S.P., it is estimated that the cost per home to bury electric service is 51,000 per home. N.S.P. estimates the cost to bury their remaining tines would be 5200,000. Typically, street lights would cost about 51,000 per light. There is about 15 lights on the road today so that cost would be about 515,000. Amore specific estimate will be requested from N.S.P. during the preiiminary design phase. This estimate can again be reviewed by the City Council. 5) Non-Motori2ed Paths A) Why are non~aiotorized paths required when a 7` shoulder is already being proposed? a) The seven foot shoulder will allow room for stopping of service vehicles such as mail and deiiveries. Although the shoulder does not meet MnDOT standards for a bikeway designation it may be used by bicycle traffic. It is certainly not recommended for use by pedestrian traffic. 8) Why are paths required on bath sides of .the street? b) The pathways .are a local issue. Between larpenteur and Roselawn both cities requested a pathway be recommended in the draft feasibility study. C) Why are boulevards required. especially an l1' boulevard? c) The 11 foot boulevards are based on an ideas cross section given the right-of~way. Much of Hamline Avenue has a 43 foot right-of- way width on each side. .Typically, a pathway is located as close as possible to the property sine to separate the pedestrian and vehicle traffic. Given the 52 foot street width and 86 foot total right-of-way width provides an 11 foot boulevard. CITY OF FALCON HEIGHTS MAY 2,1989 PAGE 5TX i As discussed at the public informational meeting. this width can be reduced. However, due to the need to piece hydrants, power poles, and street signs in the boulevard along. with the need for snow storage, it is not recommended the boulevard width be less than six feet. Any reduction of boulevard width below six feet may result in the power poles being relocated between the pathway and the property line. This could have a very serious impact on vegetation along the property line in the farm of removal or trimming. D) Why are community services, i.e., non-motorized paths being provided at the expense of Namline Avenue residents? d) This is a ]ocal issue which is better nddressed by the City. E) What will happen to property values? 1) Who will reimburse us for this less? e)we are not qualified to comment on property values. F) Why have the concerned residents had no input into this plan? f) The public informational meetings held an April 12, ar in Falcon Heights and April 13, 1989, in Roseville were the forums for public input regarding the draft feasibility study recommendations. 6) Assessments A) How much will property owners be assessed for this project? 1) It is our understanding that Roseville residents will not be assessed for this project. However, it is also our understanding that Falcon Heights has not yet considered the matter of assessments. By voting on the project prior to a determination on assessments, is not the cart being put in front of the horse? How can citizens be expected to have an intelligent opinion when they have not yet been told of the cost? Is the intelligent opinions of citizens considered important? a) The State statute regarding assessments requires the City to prepare a feasibility study which discusses the proposed improvements. After the feasibility study is prepared, a public improvement hearing is held by the City Council. All affected property owners receive written notification of this hearing. Therefore, it is a logical progression for the City to consider the County's feasibility study and then begin their own public improvement procedure. GITY OF FALCON HEIGHTS MAY 2. 1989 PAGE SEVEN 7) Funding A) Is this a State funded project? a) Hamline Avenue is on the County's State Aid System which is eligible for use of State Aid construction funds. These funds come from the gasoline tax, therefore, it is indirectly a State funded project. B) Is this a Gounty funded project? b) it is our understanding the County share will be a combination of County State Aid construction funds and 1989 County Bond monies. C) Are the cities of Roseville and Falcon Heights providing funding for any portion of the roadway? c) Both cities are responsible for a portion of the project cost. D) Ts it a true statement that the roadway is being built to State standards because the State is providins the funding? d) To use State Aid construction funds. the roadway must be built to State Aid standards. E) Gould we have a clear understanding as to the funding of this project? e) The details of the funding for the project and the County's cast sharing policy are included in the draft feasibility study. These sections have been reproduced and are attached. 8) Environmental A) .Has the environmental impact of this project been considered? 1) Many lovely trees and much plant life will obviously be destroyed. Many root systems will be disturbed. 3) Existing foliage helps to keep noxious exhaust fumes out of our homes. a) Consideration has been givF;n to the existing vegetation within the Hamiine Avenue right-vf-way. As discussed at both public informational meetings, a reduction in boulevard width and/or meandering of the pathway will be considered to lessen the impact an existing vegetation. Meandering of the pathway would be reviewed during the detailed design phase of the project. CITY OF FALCON HEIGHTS MAY 2, 1989 PAGE EYGHT B) Why is an environmental impact statanent not required for this project? b) The scope of the proposed project will require than an Environmental Assessment Worksheet (EAW) be prepared. This will. be done during the preliminary design phase of the project. The EAW is submitted by the Environmental Quality Board and is subject to pubic notice and review. C) Would not a narrower roadway solve many environmental and aesthetic concerns? 1) This would also allow for proper boulevards and pathways without the loss of property traditionally maintained by property owners. c) A substantially narrow roadway section is not a realistic option. However, a narrowing of the boulevard width andlor meandering of the pathway would have a positive effect on some of the existing vegetation. 9) Surveys A) Apparently surveys were conducted to determine that local citizens wanted more pathways. We would be interested in knowing: 1) When was the survey conducted? 2) Who was included in the survey? 3) Specifically, what questions were asked? It is common knowledge that surveys can be slanted to promote desired replies. For example, if one were asked if he would like more pathways in the community, the answer would be quite obvious. However, if it were explained that additional pathways could be provided by cutting through. the existing front lawns of other neighbors, the response might be quite different. 4) Were Hamline Avenue residents included in the survey? 5) Could we be provided with a ropy of the survey? a) Tt is our understanding this question is in reference to the Falcon Heishts City-wide questionnaire referenced at the public informational hearing. We understand this questionnaire was of a more general nature. Not specifically aimed at the Hamline Avenue pra3ect. Specifics regarding this survey would have to be requested from City Mall.- CITY OF FALCON HEIGHTS MAY 2, 1989 PAGE NINE We hope these answers to the questions raised by the HamIine Avenue Concerned Citizens help to provide more specific information regarding the proposed project. If additional information is needed on any of these issues, please call. Sincerely, MAZER STEWART AND ASSOCIATES, INC. Terry J. Maurer. P.E. TJM/km enc. cc: Mr. Donald Salverda Mr. John T. Finley Ms. JoAnn McGuire Mr. Don Va]ento Mr. John Marty Mr. Ken Weltzen Mr. Paul Kirkwold Mr. Wayne Leonard Mr. Jim Bower ` Focus-Roseville Review escr ~Tr WiL1c rORtis ~1C~h6E i IgR~1. 3 DUEL YEAIELE Eati Of FERExCE:OSOiB CaRRECiIOM FACTOR: l.t0 fILE~All7f4A tOCAtION;1WQ11E AYEnUE RO OF ROSEIAMK 1vESOAr 1 / s7 t sr A~ ATMER: PARTLY CLOUDY i COLD pPEAaTOp:t. 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T P1}81,1C ~xs t?RJ~Fr1C} Y~ i p~vE-+~aE C0~ REFEREI~f: 050Aa itT1oN FACT Op: 1.00. i1lE't~11~ F11~} 10[AT,OM: HAN,IME AVE1fUE RO Qf ~-RDfx Tt1ESAAT 1 / 17 l f9' ATxEA: PARTLY CLOt~Dr i COID ll~lJ~- lIOMDAY t1iESDAY Y------- t1EZkf5DAY tM1R5DAY FA1DAy I~ErDAY SATtRtDAY 21 SIMDAY 3 'tVERAeE l~S;KS lb 17 1B 19 20 911E4ASE i2 1 26 18 8 1 1 /t 11 19 1 z ~ 3 t t s 3 1 1 s T 4 =1 27 1 34 1 1 T 1 ty 1 1 161 14{1bI i 1 lb3 4i5 T t 1 403 127 113 b 8 34b t 1 s 1 33B 30T 354 348 328 1 329 3b4 so ~1 339 3sa t 4sa e sb it 1 1 i44 447 12 1 1 171 bb i A69 1 t 1 8 Ao9 A5~ 1 t Ib3 149 1 1 4S1 929 1 1 S29 2 1 3 1 535 5?1 S23 603 1 1 t S97 1 9f7 7!7 1 =T1S T18 t 1 111 689 1 1 494 y 1 d 1 b93 1B2 L85 96t 1 S~6 389 t t 1 t 926 388 t 3b4 411 1 1 1 313 1 313 8 1 q s 2i6 251 344 Z2b t 1 1 t 1 s5 107 t0 1 123 100 1 107 S~ 1 57 1! !iT bb 1 10TA15 1 1330 7241 2108 8 7216 8 t T24b v~6-~~x ~.obf 1~ ADT Y I-v6 r~Aar t bs loo 3~1 1 t I ws DAY !b3 100 37 Iw PEAK !iR 1 1 11 1}1 S i PEAK fICM 1 1 41{ibT P!1 Pf AK HR 1 1 1? 1 1 8 PEAK F~Otc 1 71S 716 Rbb l aw+sEt r rusttt MOrtcS t~1Ky SASE 3 ROuRir, ! pa+a~t vxKlaE CST Q30Ap COftAECtyOM FNCTpl: 1.00 iyLENAME ou7~ Laatto~: W-KLIME Av~ruK 80 DF LARPEItTE1JA ttlsnllt i i 17 ~ !~ ATNER; ~aRTLt I:LDuor i CaLO ppCRATOR: D. FE11i wtM~~w wM~~wY•~~r~w~Pr tUESDAr f~DwESDRY'AU Mr ~~~rM~ rDA1 ~T~N I~~~~~~~w1 SATURDAY AAA,YRlI~QfID1b 16 37 18 1'AvERA6E AVEAA6E iE51NS Y..~..____-__--_~~.. 11 1 1 2y 27 1 t f f 29 S /f t0 i7 1 t 14 0 D 1 1 1 1 10 s 1 3 1 1 f 1 S S 1 f S 23 1 t 3 Z3 3 1 6 1 1 1 22 S6 24 15b iSb 1 1 S6 7 1 1 347 4i0 f 41!t 1 f 119 331 Y :t 320 342 1 331 311 1 1 31! i0 = 1 243 305. 329 344 t sa f 1 11 1 t 388 I1S 1 Iti2 f tat 12 1 1 133 110 1 RZ7 f t t27 126 1 1 439 413 1 1 126 177 1 f t77 p = 3 1 484 546 470 343 1 1 1 s{S t t 545 4 1 b89 678 1 ig{i 1 1 6B{ 665 S 1 671 656 1 663 487 187 6 1 tSB Slb f 1 3b2 1 t 3b2 7 1 6 1 541 2z9 374 373 1 1 t 116.i 27b 4 1 2Sb 130 i 1 2{3 1 f i 243 lyT 14 1 22 101 4 1 1l2 SS 1''55 ly 1 tb 61 1 TOTALS 1 126{1716 2534 t S7l0 t i ti740 GC~~~/~'7iX /.066 7Z3E Ali i AV6 YxDAt i 63 t9 37 1 1 3 AY6 Dar 1 i3 1 PEAx PR 1 i 7 1 1 1 t f pfAK FLOP f 1 341 410 1 Po -EAK NA 1 1 1 1 1 f f tEar. ta0y 1 i94 678 120 1 Se tember 30. I9$$ STATE AID MANUAL Tab. C ~-89~.2I0 r• UR$AV STATE-AID STRE!/TS, 34 MPH DEStGV SPEED TOTAL W!©1'H IN FEET With ~iediaia Undivided, with With 4 ft. Medina No. of Undivided No Parking Castes parallel Parking Lanes and Twa Parallel Thru No Park;n8 Parking Lanes Panes Dcasity Lases Median Median pac Side otb Sides 2 Collector) 2$ ~Low ~ High 32 4 Collector) Low • 4-3 50 60 S6 High SO S•s 64 60 63 b8 74 2 Arterial)Low ~ 38 48 d Artcrist) Low SO 54 6~ 64 High 52 58 63 62 68 2 74 80 6 Artcrill)sz sz s~High 7b 104 • NoT~: Ail urban design roadways must be a minimum nine-ton scrvcturaI design. New and rehabilitated bridges must have a curb to curb width equal to the required street width. HS-?0 loading required. Vlr'here design spcrd is ~i0 srsph or less, provide two-toot clearance from face of Curb la fixed objects. URBAN ROADw~r GL,~SSlFrc TloN Pro cctcd Claui~t:ation Facility Function Tnesigzt RaageAD7 Character Collector Serves as !ceder facility front neighborhood and local Low to Moderate X3,400 ADT 1vw density)streets to the eollcctorlartci~sl network. Also serves opctating speeds access for business and residential development. Gullcctor Collects traffic from fowl and tccdcr streets and Moderate operating 1,404.7,000 ADT hish density)eonnccts with artcri,ls. Can serve local business speed provtdcs access districts.wd traffic mobility. Arterial Scrvcs infra-Community trawl. Ausmcnts high Some acccs,S coalrol S,OOQ•14,000 ADT 1nw density)dcasity artcrlal system,with emphasis on traffic mobility Artcrir!Forms backbone of urban nctv`•ork. Provides for thrtt irat- fie and turning move 8.400 ADT hi ~h tl~nsitbY)Serves as throw h facilit8Y•tr,cnts. hlayproaJc and up divided ro:+dway anc3 access Control Cos: distributicn: R adwa Alternate 1 or 2 w/Pathwa Alternate f a1 con Total County Roseville Heights Roadway 5 896000 67 500 S 86,000 16,675 S 0 37.969 S 0 12,65& Curb and Cutter Storm Sewer *94,500 61,425 0 24.800 758:70 8.275 28,350 Pathways 99,108 Ramsey Go. Retention Gottfried) Pond 82,000 21,334 27,333 27,333 Lift Station ** R/'~t Acquisition 14,700 0 7,350 7,350 Total Construction S1,253,808 51001,634 5158,210 583,965 preliminary Engineering 1Z5~381 100,363 16.821 8,396 lOp) Construction Engineering 150,451 12fl,196 20,185 10,01 12A) Total Engineering S 275.838 S 220,359 S 37,006 518.472 Total Project 51.529,646 51,221,993 5205,216 5102.437 nt share based on thatCouy portion eligible far State Aid manias,City share based on contributing area off Hamline. CoSt breakdown is based on a previous agreement With the affected eiLzes 1/3 County 1/3 Roseville, 1l3 Falcon Heights'). M A Y W 4-8' SM r ti w lV C"r• 1 V r 1-.k r;r n 41 R w. ti r A T• u I y f S T, 7 7L IA J I ti w rte a ti t1 fw S LL •.. r. P/ w y L 4• ~,~I f~S.i s,Y, v W Yf /ry 41 M*.~ fx 1 fa: ~ f ri 73Sr•~,r i J ~.f r~ a,r y Y ti A t~.l ~v ri r 1~ r M N 1 w Mn v ~to p N 1 fIC rw 1M S W A N. 't r1 V V V1 A r / fJ frrrlr Flif/f WrlF,u~JY, w; f6 A ~ 3 T H U 1 5 3 B M A I E R S T E W A'R T A S S O C P 1 6 h ~. ~ .f N A y ~t y k fI/ .M 1 N jI M. ~N I M ~h M •M y 1 y il ir .~e( N f-• 3 H M ry V •1 Y y i w n M i q~ rr ICI~ j N A N.M M M w M fy M w f`I ur • O N h ~ ~ •C ~rr y yp0. ~r~ M C Q r.C e n L 't i tr a~i C B C 4 C r u Y n i W i Q O C ~ N e w K •11'1 N w pma w ~KV f y r~.l ~r1 M ~ w / M ~ 1N ww M t r M / M . N w /w w ~ ~' ~V w t1 n % 1 r r M / w s 1 O: 1 far Nw M 411 C n 3 t`~ ~r+t N Irl r N ~ ~ ~1 A y w I ~ ~ 1 p g 4 1 w r y IA y v~ 1 i/ti W N r M 1 N N M h / h ++ 1 a j M y jt 1 1 i / 1 / 1 1 1 i 1I r ;e I = 'e : r I r 44w1 T. 1 w 0 M i f 1 1 i 1 1 r 9r. /V v r R 1+ y i r fH 0. ~ w y1 9 ~ 1 r 1 S 1 r„a~1Kn i O r..f1 ~. fJ 'p w N N 4 R 1 SWa 1 r\1 M w w i r 1 V L A ti L w vd rMipfaw h Y V fi ~T 111 1 t r A P• r N Nl w 4 i 1J 1 a w ay I y aRf>f w r O W I MqY- 4-89 THIJ 1 5 38 MA I ER STEWART ~ ASSOC . M 1M M 11 ~. w = 1 M M 1 .r M 11M1 Y r ~ 1 .I~i .~ ~r 1 Y 1 1 w1 ~. j i .~~ '~ i1 .M Fr ~ i ~ ~ t1 ~ Oillr1 / vQS i1 ~ / A 1 v ~ i1r7 1 1 1 l Iq! ro 1A' S~ 1 4 71. n 1 l '~, W 1 i V k t u i 1 l.! W MI T i' nu l•. 1.. k W A tU n. W v L .r W !.. N III r, w uwi.; ~`1~J 4' v ~ a ' V T 1 er1 ` 1 s M I k i w ~ 7R ~ 1 1iJ .T. .V ~ A .n ~ b ~ !Y~ iNI -! 4 + {L i ws ~ .' 1 T l 1 u i .:, ~ 7.. ec ~ •"I,• } j k W rti + 7.1 ~: 4! r s 1 w Iu V u w y I V i w ti S.1 1 R en i w x w i r• ~ i 4. ~ 'J1 i O r~ 117vvl1ua1h i' 1i! ,.lam. Mw ~ `'~ Ir -V tiu 1 ~~ lw f 1 Ai V z7 U; ~: 7 1 ~. N 1 ~ r 1 v rw 1 1 ~ W 1 ~ Or W I ~ r i 4 K r V r. t 1 i I h 1 I~i V I I r ~ l I r w lVA w M Y r C w N N Y n1 M X1~11 Y M y~ ai1.I V71Vr u1 cc F v Y M O.r 1~'O r 11/ r w v 1r u lM 1: ~. 1i1 i V ~A rMti1 M 1 r tM M wL r Vr A N e r w w a r L'r Kr s y ~ M y ti ~ C r c~ M C y r i/wr1r~M C V yM`rs w CR7JdOO11l l-MV w M I.O r M O w QQiw yW MOv1 M b 1 ~ r O r M/S i jw r c w O w rv r r L ViMM r r q Y Y ~ w C C 1~ t r 0V1Ly SI Y r. o y I.a p V N 1.1 W fV7 w M V A w y a/V t! V N V a n a w w w w+ M r x CC7 r.1y w v lr u u d w r r r o p i V Y Lw y Y K w ti r 4 Y ti k O M I..r «vl 4N' M r ~ M M r V r U L r M 4 M r M d 1" 79 0 0 0 Qp Q o 6p 7J d M r+~ r~ir y l Y Y O w N N r.1 tl7v .r11 N y r1 M V Q p1 M r o w w u 1• M M e O.1T~ ..V M 11.r q w1 M Y•~ri r 1 y r e ~r~ w 1!1 w A w ~~ V w1 .~ r ~.V Y• ~O fir. C111MM .A 771 ~ ~ ` u. 7L 1 r r i VA v br 8 O 0 O a O r+ M f P 1 7 Mil w w u w w W r w w w y w b~ ri dl 4 w O 4 MI C ^ O r C y Y 1~ Y r M ti M C e ti ~ y ~ 771 4 a w r a q V v e M .+ w i .rr r ` M ~ C.l K1 p w V r yNLlr w w w w M e r P O r r C r r V cw v V w r ~ r V I MAY- 4-89 THIJ 1 5 3'9 iMA I ER STEWF~RT & ASSOG P 1 8 r y1.lI'~r L 0. r Jrv w tt V V W v 01.- 7 d1 r r h I IIf i~i1 Iii r W i r uJ i 4J i Ir ` r v i M i u 4 w µQ 1~ in ~~NC N Wr. i ~d d n, r v v r 4A 7. ~ ti~II. Ti V. ~y W y ~ w~.. M P. i~. 7 ~ 1 ~4, W ~ Arr1. 1 M r ~.. T 1 M1'h t/ t a ..~. 7 O r . r S N ~ `~ a1 .,. ~~d J .d ri r n e. w v V N r t ilZ• I ..~r M w111Y A M 1 N •N Mf V ~M r~rM w r O Y 1 1 1 rv A Irl1' ti 1. p tl 4 «ir. 1 r Ir a V O r ib i a I Q r n+IV N M y. W w r C74 1r1A W V b 1 1 o:e R 1w M 9'1 4 •~ r1 1 O i~e.r4r Able q 1 1 1 f iaiIJ 1 MrtiVYT. S i w G.. Y r M r s+ ~,i w/ r r1ImO!1 q .r f M yM ~I ' W 1 I r I Y7 W 1 i 4IYfY ~1VI ~ J M rSi3 fV O 1 1 i i 1 11 r M 1 t CO i i 1 N N C N V w N i w V r N M !~l~ .!-rt h fY ~ s r A w M 1 b M 1y..r M 1 j M. M J . i y GI Mw fJ IDI p1 R M 1 N Mi M 1 M N OwM 1 y V C r P r v c sWlirr1Mv i..+R 1 wr AY }M ~1 i ~iyII fL N ~f I/ r yl ` M N 1 ii1 i y M `a w in iMpr r iyMM r .N aO SONV i 1 t V ` 1 1 1 r r ... w 74r QI 1 o ~i. M 1A iy.!I/ r yi 1 1 r /: iM ..-T l r~ a rvM M M r. r c~V M r V r 7 M ~ rr ir A r0 e ~s w r r r ti N MO ~M r C ZI T OKri.1 ti r4 s r ~. r y ti r O i ,~„ O e t;e Q s O V y Y Y w wrw+r rr 7y ~ a O`O N O H y+0. .. rn o o o o~paptiwKww w e Q V W y r.w f O4 s r n w M Y o- r w YyrV t r 7 VAr 4- I.w p e M u w a w a 4 V iIi. r L o ar Q O O O M M QMv ~rL OQO R e b w !-M} r M e. V ii i O r r~ r V wr a N yY L ti w Y w 4'.r' ~' L v r r y M n ti Y r A Yryr y s o O ~ r V C Or G i w .. iMVLr rr1M CITY OF FALCON HEIGHTS pis~hi bcr~ SJgISq Cai.u~.~:~ l~~''^~ COST BREAKDOWN - HAMLINE AVENUE 52' Roadway (as proposed) Roadway (County only) Curb & Gutter storm sewer CCa~c%+ SQa~i~s, ~,k1 Pathways Ramsey Co. Retention (Gottfried) Pond R1W Acwuisition Total Construction County Engineering (18%) City Administration (10%) TOTAL COST l ~/~' ~ e 3~r ~~~ ~~~'~~ j3 x ~D, ~~ ~ 333 f 0.00 12,656.00 8,275.00 28,350.00 5' X '/z r-~c. 27,333.00 7,350.00 f 83,964.00 15,113.00 8,396.00 f107,473.00 vun~ ~~' = ,~~cas 906 cc, ~~ pimpstea s~5 ~o-o dId ~~'U 3 0~ ~ G G~} b o CITY OF FALCON HEIGHTS COST BREAKDOWN - HAMLINE AVENUE 48' Width in Lieu of 52' Roadway (County share 24' width only) E103,385.00 Curb & Gutter 12,656.00 Storm Sewer 8,275.00 Pathways 28,350.00 Ramsey Co. Retention (Gottfried) Pond 27,333.00 R/W Acwuisition 7,350.00 Total Construction 5187,349.00 County Engineering (18X) 33,723.00 City Administration (10X) 18,735.00 TOTAL COST 1239,807.00 NOTE: Any variance to MnDOT design criteria requires a resolution by the City Council that indemnifies, saves and holds harmless the State of Minnesota and all its agents and employees of and from any and all claims, demands, actions or causes of actions of any nature. 1 C~sent~ Agenda Item:..F3 Poi#zy~ CITY OF FAI.CCN EEIGSTS Meeting Dater 5/9/89 ltEQtIES? FOR COUNCIL CONSIDERATION r ITEM DESCRIPTION: Bullseye Golf -Request to Amend Conditional Use Permit for Golf-O-Mat Machines SiJBMI1'TED SY' Dennis. Hunt, Bullseye Golf and Paulime Kruger, Towle Real Estate DEi/IEWED $Y; '~~ Wiessner, City Administrator Tim Malloy, Dahlgren, Shardlow ~ Uban Paul Mattke,:Jensen, Hicken, Gedde & $oucie (City Attorney)- Planning. Commission 5/1/89 PI.AI~tATIaNISUlYII4ARY ~attacb additional sheets as aeteltury): Attachments: 1. Request to Amend Conditional Use Permit -.Dennis $unt 2. Planning Report -.Tim Malloy 3. Sept. 9, 1987 -Conditional Use Resolution R-87-3~ 4. June 24, 1987 -Conditional Use Resolution R-87-24 5. Dec. 19, 1985 -Conditional Use. Resolution R-85-7D 6. Council Minutes, December 19, 1985 7. Proposed .Resolution Stipulating Conditions as recommended by Planning Commissio , 8. Revised. Proposed .Resolution .recommended by J. Wiesner Background This zequest emerged from the discussions about the parking problems'Embers has encountered from the Golf--0-Mat participants' parking in,the parking area north of the shagging center. Following the Planning'Commission action, new information was learned from Dennis Hunt which leads us to believe that further conditions malt' be necessary: to regulate...all use of the Golf-O-Mat participation '(not just leagues). See revised progosedresolutiondatedMay4, 1989. (l~{, #$ ACTION REQUESTED: Approve changes. in condit3.ons as recommended ,by Administrator. t f Attachment (1) April 12, 1989 Ms. Jan Wiessner City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 RE: Bullseye Plaza Shopping Center Dear Ms. Wiessner: On September 9, 1987, the City Council of Falcon Heights adopted Resolution R-87-24 relating to the permanent conditional use permit for Bullseye Golf Centers, Inc., Golf-O-Mat game. This current conditional use permit allows the operation of sixteen machines with the occupancy limit being posted as designated by the City Fire Marshall. Also, patrons must be encouraged to park in the rear (North) lot through adequate signage and advertising patrons would enter through the rear door. Due to the problems encountered by adjacent property owners by having patrons of the Golf-O-Mat park in the rear {North) lot, Bullseye Golf Centers, Inc. request a reconsideration of change in the conditional use permit as follows: The patrons of the winter golf league will be required to park in the south and west parking lots of Bullseye Plaza Shopping Center. Patrons will be encouraged to enter through the south entrance of the Bullseye Golf Shop. Because of the shared parking use of the Bullseye Plaza Shopping Center, these changes will not cause a problem for. the adjacent property owners. The hours of the winter golf league will be Monday through Thursday, 7:00 P.M. to 8:30 P.M. beginning in February and ending in early April. Ms. Jan Wiessner City Administrator April 12, 1989 Page 2 As previously stated, due to the concern of parking by an adjacent property owner, we request that this reconsideration of the conditional use permit be placed on the May 1, 1989, Planning Commission Meeting agenda. Thank you for your consideration. Sincerely, 9~0 ~ ~~~ Dennis E. Hunt President smc Attachment (2) n U c-o::stnT}~:c., rl.~,~•:LRs LAti1~SC.~}'I hRC1;:7LClti 3f1O FIRST P.'~ I!~t'? '~nRTH Sl'iTI ?:('i MEMORANDUM DATE: 24 A.pr~ 1989 TO: City Administrator and Planning Commission Members FROM: Tim Malloy RE: Bullseye Variance and Conditional Use Permit Request Bullseye Variance and Conditional Use Permit Request Page 3 As you know, the criteria in the State Statutes for granting variances requires that there be a hardship and that the hardship not be a result of actions taken 6y the owner or due to economic considerations. To fully explain how this relates to the situation regarding the Bullseye Center, it is necessary to clarify some of the history behind its development. When the numbers were being worked out for the Tax Increment Financing, it was determined that in order to create enough increment to support the distriict the Center had to be a certain value after development. The result was the Center had to be built larger than would normally have been permitted by ordinance on this site. Since the g was too large, there was not enough room for parking and a variance had to be granted before the Center could be built. Clearly this is an economic consideration and does not meet the strict requirements of the statutes. Since the original variance was in violation of the statutes, we believe that the amended variance would also be in violation. The concern is that if there were a parry who strongly opposed the variance amendment and decided to take action, the City's position might be vulnerable. RECOMMENDATION Other than the legal issue discussed above, which the City Attorney has assured me should not be a problem, we see the proposed amendment to the variance as an appropriate first step in monitoring the parking situation of the Bullseye Plaza Shopping Center. In order to insure that the variance is respected, we recommend that the Conditional Use Permit include a condition for monitoring the parking budget annually see recommendations for Conditional Use Permit}. We also strongly urge that a written agreement between Henry Kristal and Dennis Hunt, regarding the 13 additional parking stalls necessary to meet the needs of the Buliseye Center, be inducted in the documentation of the variance. The owner of the Bullsrye Center is also requestnig the City io modify the Conditional Use Permit for the Golf O-Mat facility. 1be request includes requiring patrons of the golf leagues to park on the BulLseye Center's mam lot and awotirages them to enter the establishment through The Golf Shop emtranoe. How patrons are eacouraged to enter through the Golf Shop should be clarified, ie., signage, dosing the rear door to access other than emergenry, etc. The amendment also calls for the hours of opaatian of the winter golf leagues to be limited to 7:00 p.m. to 8:30 pm. Finally the request states that the operation of the Golf-O-Mat fatality ws1! not create a parking problem for s~urounding property owners due to the shared parking situation with the other noes in the Shopping Center. We feel that shared parking would help reduce the parking problem related to the Golf•O-Mat operation, however, the shared parkutg situation i~s not deatfy outlined. Some requirement should be made to insure that enough of the retai3 uses m the Center will be dosed to permit shared parking wfiea the Golf-O-Mat facility is running its leagues. Bullseye Variance and Condttiona! Use Permit Request page 4 RECOMMENDATION Generally, the proposed amendment to the Conditional Use Permit is appropriate and should help to minunize any parking conflicts with Embers or other surrounding property owners. We recommend that the Conditional Use Permit include the following conditions: 1. Patrons of the Golf-O-Mat facility will be required to enter the establishment through the Golf Shop entrance by posting sigoage. 2. Signage shall he posted, in accordance with the requirements in the CityCode, requiring patrons to park in the south and west parking bts of the Bullseye Plaza Shopping Center. m~ ~,,~. ~. 3. Hours of operation of the ~~-6eI€-~eag~es wfll be limited to 7:OOPM 1~ ~ to 8~0 p.m. Monday through Thursday ~1. ~P~ 4. An amount of reta~ square footage equal to the area occupied by the Golf-O-Mat facility shall have hours of operation which do not coincide with the hours of the winter golf leagues. 5. Each year the owners of the Bullseye Plaza shall supply the City wish information regarding the Center's current tenant mflt and vacancy. This information v~~ill be used to review the parking budget for the Center. If it is determined that the Shopping Center is in violation of the parking variance, the Conditional Use Permit may be revoked. No. R-87-35 Attachment (3) CITY OF .FALCON HEIGHTS CJOLTNCIL RESOLUTION Date September 9, 1987 AMENDING RESOLUTION R-87-24 RELATING TO A PERMANENT CONDITIONAL USE PERMIT FOR BULLSEYE GOLF CENTERS, INC. GOLF-O-MAT GAMES) WHEREAS, the City Council granted a permanent conditional use permit to allow the use of twelve (12) Golf-O-Mat games in the firm's basement, and WIiEREAS, Dennis Hunt, President of Bullseye Golf, Inc. has requested permission to install four (4) additional machines, NOW, THEREFORE, BE IT RESOLVED, that Resolution 8-87-24 be amended to read as follows: 1. The operation 3s limited to sixteen (16) machines with the occupancy limit being posted as designated by the City Fire Marshal. 2. Patrons must be encouraged to park in the rear lot and enter through rear door through adequate signage and advertising. Moved by Councilmember Chenoweth Seconded by Councilmember ~dallin Yeas Nays i~ALDWIN ~in Favor rCIERNZA t~ARD ~_Aqa inst ENOWETH i/'kALLIN opted by-Council September 9, 1987 Approved bye%,~~~~.~~.c~ Mayor September 9, 1987 Date Attested b ~ . `. C1 k Administrator September 9, 1987 Date S CITY OF FALCO'~ HEIGh"IS C O U p C I L R E S O L D? I O ll Attachment (4) No. R-87-24 Datt June ?4. 145 A RLSOLO?I011 SEUTISG !O A PERMANENT CONDITIOI~IAL USE PEiNiITFORBULLSEYEGOLFCENTERS, INC. (GOLF-OAT GAMEES) AND SIIPER_SIDING RESOLUTION R-85-70. i~HEREAS, Mr. Dennis Hunt, President of Bullseye Golf, Inc., has requested that theCitygrantaPermanentUsePermitsoastopermittheuseofthefiresbasementforGolf-O-MaL games; and NOW, THEREFORE, BE IT RESOLVED by the City Couacil of the city of Falcon heightsthatBullseyeGolf, Inc. is fiereby granted a permanent conditional nee permit forGolf-O-Matic operations at the Bullseye Plaza. Such conditional ase permit issubjecttothefollowingconditions: 1. The operation is limited to 12 machines. 2. Must encourage patrons to park in rear lot and enter through rear door throughadequatesignageandadvertising. 3~Ioved by Chenoweth ~Approved by /Oho! bayorSctondedbyVallin t:~ ~ ~ Date s IQas EALDHIN ~~ Tavoz Attested b• . CIEitNIJ1 Clerk Adain. absent) !TARO ~htainst -CHENOUETH 2.1LLI!~ ~ 'T9'~7 DateAdoptedbyCouacil: June 24. 1987 _ ; CITY OF FALCON HEIGHTS Attachment (5) C O U N C I L R E S O L U T 2 0 R Date December 19, 1985 A RPSOLLITION REI.A?II~G TO TEMPORARY CONDITIONAL DSE PERMIT OF BULLSEYE GOLF CENTERS, INC. RESOLVED, That WHEREAS, on September 19, 1984 the City of Falcon Heights and Bullseye Golf Centers, Inc. entered into a Development Agreement for the issuance of tax increment financing for the development of Bullseye's Plaza the "Project"); and WHEREAS, the City through said tax increment financing has provided substantial aid and assistance to the Project through the sale of general.obligation. tax increment bonds to finance certain taxable and administrative costs; and WHEREAS, paymeat of said bonds is secured in part by a pledge of tax increments generated by the Project; and WHEREAS, the Project was completed in early September of 1985 and certain portionsoftheretailspacerented; and WHEREAS, the remaining retail space remains vacant thereby jeopardizing the success of the Project; and WHEREAS, Mr. Dennis Hunt, President of Bullseye has requested that the City grant a Conditional Use Permit so as to permit the use of the Project's basement for Golf-O-Mat games; and WHEREAS, the City believes that the generation of additional clientele will benefit the Project as a whole and surrounding areas of the City fn general and that such increased use of the Project is of vital interest to the City as yell as the Developer; AOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights that Bullseye Golf, Inc. is hereby granted a temporary conditional use permit for Golf-O-~latic operations at the Bullseye Plaza. Such temporary Conditional use permit is subject to immediate tereination upon the occurrence of any one of the terms, conditions or qualifications hereinafter stated: tvctd by_ Mayor Eggert Stconded by Councilmember Hard s 1t,~s C ~88ert tierna ls28vfm lisrd L.Ct-eno~e t h Ir Favor O Apinst Councilmember Cierni8 Absent Adoated D. Council December 19, 1985 5+~ -# y ~°~ watt ttt:ttd by ~ .,..,/' Clerk ~dsia. tt z- R-85-70 f 1. Full occupancy of the Project; 2. April 30, 1986; 3. Permanent opening of St. Paul municipal golf courses in the Spring of 1986; or 4. Full utilization of presently available parking spaces for the Project. c~ MIhTUTES SPECIAL CITY COUNCII. MEETING DECBMBER 19, 1985 PAQE 2 Attachment (6} RDIS HUTCHINS, 1901 SIMPSON, •PPOINTBD TO PARES AND RECREATION COIII~SSION Mayor Eggert moved, seooaded by Couacilmember Hard, that •rdie Hutchins, 1901 Simpson, De appointed to the Parka and Recreation Commission to replace Carol Parka. lotion carried unanimously. 1!8/86 MEETING TO START AT 6:45 P.M. Mayor Eggert moved, aeoonded by Councilmember Hard, that the January 8, 1986 meeting be scheduled to start at 6:45 rather than 7:00 p.m.. !lotion carried nnanimoualy. pIIBLIC HEARING ON BULLSEYE CONDITIONAL USE REQUEST FOR QOLF 0-MAT GADS Iil LOMEB LEQEi. OF BtiILDING At 7:30 p.m. Mayor 8ggert opened the Public Hearing on a Conditional Dae Request from Bullaeye Golt, Inc., to Operate Golf-O-M$t Games in the Lover Level of the Building, and presented the •ftidavit of Publieatioa. tttoraey George Hott, representing Bullaeye Golf, ezplaiaed the Golt-0..llQt operation sad stressed that the apace is available due to the tact that Bullseye has closed all stores but this one and there is ae longer need for the basement area for central Warehousing. Mr. Holt then presented the proposed condition !or terminating the use of the genes to listed in his letter of December 12, 1985 as follows: 1) Full occupancy of Bullaeye Plaza, 2) •pril 30, 1986, or, 3) ~-til the permanent opening of ma3or golf courses is the Twin City area in the spring of 1986, Whichever is earliest. He also informed that the original requeaL made to the Planning Commission has been changed from 6 games to 12. Council discussed problems with Bullaeye during the development period, the lack of a written point perking agreement between Bullseye and Embers, and problems the City has had obtaining permission for employees toenterthebuilding. Mr. Hoff agreed to obtain the name of an alternate persan to grant permission to enter the premises , and assured that adequate fire eztinguiahers have bees purchased for the operation, and the Fire Chief Will iaspeet the facility in January. Attorney Gaateazoro agreed with Mr. Hoff~a request that the parking be analyzed month. by month to determine r~ether or not the slots assigned are appropriate. Couneilmember Baldwin. requested that the condition relating to opening of golf courses be more definite, for ezample, the opening oP St. Paul Municipal Courses, and that a 4th c oaditi~on be added, full utilization of presently available parking clots. lbere being ao others Wishing to be heard, Mayor $ggert oloaed the Public Hearing at 8:11 p.m .and coved ieaolution R-85-70. The motion Was seconded by Coundlsmber Bard and opon a tote being taken carried unanimously. RESOLUTION &.85-70 RESOLUTION RELATI IIG TO • TS~lPORAR? W1~TIONAL IISE PSRiIT FOR 8ULL4SI8 GOLF, INC. BQLLSEZE •LTERNATE >illiED Mr. Hoff presented Council With the name of an alternate person to grant access to the building, Tony Bunt, who is manager in Dennis Hsmt~a abaenae. LICBiSE FOR GOLP-O-MAT 1PPA0'YED Clerk •dminiatrator Barnes reminded Mr. Hoff that a license must be obtained to operate the Golf-O-Mat games. Mr. Hoff requested that Council approve the lioease at this meeting contingent upon Mr. Hunt making the appropriate application the nest deg. MayorEggertmoved, aeoonded by Couneilmember Cbenoweth, that a corporate lioeaae to operate. the 72 aaehiaas be granted upon receipt of the appropriate application and tee, lotion carried uaaalaously. Attachment (7) po. R-89-10 CITY OF FALCON HEIGHTS ~ ~~~z,~-~ ~.C O U N C I L R E S O L U T I O p Date~~ ~ ~' `~3 A RESOLUTION RELATING TO A CONDITIONAL USE. PERMIT FOR BULLSEYE GOLF CENTERS, INC. (GOLF-MAT-GAMES) AND AMENDING RESOLUTION R-87-35 WHEREAS, Dennis Hunt, President of Bullseye Golf,. Inc. has requested amendments to the existing Conditional Use Permit established by Resolution 87-35, BE IT THEREFORE RESOLVED, that Resolution R-87-35 be amended and the, following conditions be established: 1. The operation is limited to sixteen (16) machines with the occupancy limit being posted as designated by the Fire Marshal. 2. Patrons of the Golf-O-Mat facility will be required to enter the establishment through the Golf Shop entrance.. 3. Signs shall be posted, in accordance with the requirements in the City Code,. requiring patrons to park in the. south and west parking lots of the Bullseye Plaza. Shopping Center.. 4. Hours of operation in the `r:-i-T-r-Rr-Golf Leagues will be limited to 7:00 P.M. to 8:30 P.M. Monday thru Thursday in A+chrnart~ ana ~- - - - - - r~+--0 '1 ~ ' r 5. An amount of retail square footage equal to the area occupied by the Golf-O-Mat facility shall have hours of operation which do not coincide with the hours of the _=::_ golf leagues. Moved by Approved by_ YEAS Nays BALDWIN CIERNIA CHEFOi,'ETH WALLIN BUSH Mayor Date in Favor Attested by City Administratoz Against Date Adopted by Council 1 e C 2- 6. Each year the owners of the Bullseye Plaza shall supply the City with information regarding .the Center's current tenant mix, hours and vacancies. This information will be used to review the parking plan for the Center. If it is determined that the Shopping Center is in violation of the parking variance, the Conditional Use Permit may be revoked. 7. A written agreement for an additional 13 parking spaces ~'V""shall be in effect with ar7~,as~st property owner (s) J~~ ~) ~ Ct,..,l~... 8. Restaurant use shall be limited to 15 percent of the available retail space under this shared parking plan. Additional restaurant space would reequire full compliance with restaurant parking requirements in the City Code. ATTACHMENT 8 lio. R-69-10 REVISED 5/4/89 RECOMMENDATION a!/~ CITY OF FALCON HEICBI'S D "`'' COt3pCI L AESOLDTIOA " Date A RESOLUTION RELATING TO A CONDITIONAL USE PERMIT FOR BULLSEYE GOLF CENTERS, INC. (GOLF-MAT-GAMES} AND AMENDIpG RESOLUTION R-87-35 WHEREAS, Dennis Hunt, President of Bullseye Golf, Inc. has requestedamendmentstotheexistingConditionalUsePermitestablishedbyResolution87-35, i BE ZT THEREFORE RESOLVED, that Resolution R-87-35 be amended and the following conditions be established: 1. The operation is limited to ai:teen (16) machines with the accupancy~lit as designated by the Fire Marshal 2. Patrons of the Golf-O-Mat facility will be required to enter the establishment through the Golf Shop entrance. 3. Signs shall be posted, in accordance with the requirements in the City Code, requiring patrons to park in the south and west parking lots of the Bullseye P1a2a Shopping Center. 9. Hours of operation in the Golf Leagues will be limited to 7:00 P.M. to 8:30 P.M.Monday thru Thursday.-btg~i~ra~ 5. An .amount of retail square footage equal to the azea occupiedbytheGolf-O-Mat facility shall have hours of operationwhichdonotcoincideWiththehoursofthe ~ritrl~er golf -o-mat 3reg~ae~. operation . Moved by YEAS xay6 BALDi~'IN CIERNIA C't1ENOt+'£TH i~ALLIr BUSH in Favor Against bprwed by Mayor Date lttesttd b~ Citl ~inistratoz Date Adopttd by Council 2- 6. Each year the owners of the Bullseye Plaza shall supply the City with information regarding the Center's current tenant mix, hours and vacancies. This information will be used to review the parking plan for the Center. If it is determined that the Shopping Center is in violation of the parking variance, the Conditional Use Permit may be revoked. 7. 'A written agreement for Shall be in effect with 8. Restaurant use shall be retail apace under this restaurant apace would parking requirements-in an~additional 13 parking spaces p0e~?-j~necat property owner (s) . 7~~~c- limited to 15 percent of the~vailable ~ h'`'' shared parking plan.. Additional ~~'~ ceequize full compliance with restaurant pw,.~ ~,the City Code. D s ~. ate. ~~- ~ti~',~ ~-~- i ent ~cnds .Item:.... F~._. Po3icy,.,~,~~ ~ CITY OF ?ALCtt~l ~ICA'PS -: lisetia~ Dat::~9 O~ C~NCIL -CCliSI~tAT aNB~~Q X ITS!! DLSCxIPTION: Request to Amend Parking Variance for Bullseye Shopping Genter " SUP1fITTEp SY: :Dennis Hunt, Bullseye Shopping'Center Jan WessnerYsg' Planning Commission 5/1.J89 ' Henry Kristal -Embers Paul Matzke, Dahlgrea, Shardlow & Uban. Tim Malloy, Jensen, Hicken, Gedde 6,Soiuce A1~A~Tlto~ilsrAkY t•ttacU aadtia~-ai ~Leet• as ssrs): M- Attachments 1. Variance Amendment Request from Dennis Hunt 2. Planner's Review 3. Attorney's Opinion re: Variance Amendment 4. Administrator's memorandum ' - 5. Supplemental Parking Agreement ...(Embers &Bullseye) 6. Planning Commission Recommendation ACTIE~ STF.~i; Approve Parking 'Variance Amendments witfi four conditions as. recommended by `Planning Commssl[an. f Attachment {1) April 12, 1989 Ms. Jan Wiessner City Administrator City of Falcon Heights 2077 West Larpenteur Avenue West Falcon Heights, Minnesota 55113 RE: Bullseye Plaza Shopping Center Dear Ms. Wiessner: Bullseye Plaza Shopping Center currently has a parking plan which was approved by the City of Falcon Heights on September 19, 1984. This parking plan allows for the following: Use Sctuare Feet ~ Spaces Office. Space 1,000 5 Storage/Warehouse 16,800 17 Retail 18,000 $? Total 35,800 104 The current. use of the shopping center varies from the original variance parking plan for the following reasons. 1. The center was actually built smaller than was originally planned. 2. 7'he basement area has been used more intensively than. orginally planned. 3. A restaurant was not mentioned in the 1984 variance which makes it unclear whether a restauuant was included in the original plan. 1n order to have a parking plan that meets the use of the shopping center, we request that the September 19, 1984 parking Ms. Jan Wiessner City Administrator April 12, 1989 Page 2 variance be amended as follows: 1. se Square Feet Parking Rea.* ~ Spaces Storage/ Warehouse ~ 12,194 1/1000 s.f. 13 Retail 1 48 4.5/1000 s.f. 99 Total 34,242 112 The basement area would be used as Storage/warehouse space. (A reconsideration of the conditional use permit for the Golf-O-Mat operation has been requested.) 2. Retail space is defined to include traditional retail uses, and restaurant useage shall not exceed 15~ of the total retail space or 3,292 square feet. Use of space as take-out or non-sit down operations will be considered as retail space, not as restaurant space. 3. A parking budget of existing tenants of .the shopping center. will be submitted to the City of Falcon Heights annnually. A written agreement between Bullseye Golf Centers, Inc. and Mr. ~,/t'~'"'t; EMS Restaurant, Inc. regarding the 13 parking spaces located on both owner's properties in the parking lot north of ~nbers has been attached to be made a part of the variance documentation. We request that consideration of the amended. variance be placed on the May 1, 1989 Planning Commission agenda. Thank you for your consideration. Sincerely, jwQ ~ r'''te'` nnis E. Hunt President enc. Attachment (2j CG'~SUITIKG PL.4n'~ERS LA.Nt~SCAPf ARCH3TfCTS 3nU f1RST A~'E;:UL ::nFTH S?'~7I 'I(~ MEMORANDUM DATE: 24 April 1989 TO: City Administrator and Planning Commission Members FROM: Tim Malloy RE: Bullseye Variance and Conditional Use Permit Request There are two items being considered for the Bullseye Center. The first is a request for an amendment to the original parking variance, the second is for an amendment to the Conditional Use Permit for the Golf•O-Mat fac~ity. These requests come as a result of extensive negotiations between City Staff and representatives of the Bullseye Center. The issues involved in this matter have been complex and the information has not always been concise or complete. The result has been that the matter has dragged on for several months. However, we feel that the proposed amendments to the Conditional Use Permit and Parking Variance currently being requested represent a reasonable solution to the parking situation for the BulLseye Center and surrounding properties_ In the following paragraphs we review our apecxfic reoommeadations regarding the proposed amendments. u_ ~..' The basis for amending the original variance is to have a dear understanding of what the numbers are with respell to the parking requirements for the Bullseye Center so that both the City and the Center's management can monitor the parking budget. Tbis wfll help insure that parking conflicts with surrounding properties do not oavr in the future. First, I would It7ce to clarify some of the numbers associated with this amendment request. Originally, the Center was to provide 104 spaces based ~ the breakdown as outlined on the 5rat page of the Apr012th letter to Jan Wiessner from Dennis Hunt. Considering t6c amount of space to the Center designated for storage/warehouse (16,800 square feet), 104 spaces was a reasonable parking requueanent. The flaw with this Buliseye Variance snd Conditional Use Permit Regoest Page 2 breakdown was the 16,800 square feet of storage/warehouse. This number is misleading in that it not only represented the basement storage area, bnt was calculated to also include some storage space for each retail shop. This allowed approacimately 4,000 square feet of retail space to be considered under the one spade per 1,000 parking requirement for storage, instead of the 4.5 spaces per 1,000 standard for reta0. The result was a greater parking de5cit than was intended to be allowed by the original variance. The proposed amendment clarifies this discrepang-, and the breakdown found on the second page of the April 12th letter to Jan correctly designates the entire first floor as retail area. The 12,194 square feet of storage~waze~e represents only the basement area. ~ ' The basement area would still be used for the Golf-O-Mat amity under the proposed amended Conditional Use Permit. If for any reason the owner would violate the conditions of the permit, the basement area would be converted bade to storage. One method of insuring that the parking variance is respected vrould be to tie the variance to the Conditional Use Permit. That could be achiavod by inducting, as a condition of the permit, an annual review of the parking budget to insure that the parking for the center is not adversely affecting businesses and properties m the surrounding area. The variance amendment also defines retail uses toinclude aori-sit-down type restaurants. Sit-down type restaurants up to 15 percent of the total area in the center designated as retail (21,948 square feet) would also be allowed. 'This would indude the Chinatown Restaurant and would leave roughly 550 square feet for an additional small restaurant, but would eliminate the possibility of another large restaurant which could result in parking problems. The variance amendment would also require the Center to provide information regarding the tenant mix and vacancy to the City annually. Ibis information could be used to reviev~~ the parking situation as discussed in relation to the Conditional Use Permit above. Also important is the inclusion of the written agreement between Henry Kristal and Dennis Hunt regarding the 13 additional spaces necessary to provide the required 112 parking spaces for the Center under the new variance, We believe the 112 parking spaces provided for the Deafer (mduding those abated with Embers) is adequate for the uses defined in the variance;12,194 square feet of storage/warehouse and 21,948 square feet of resat, atdu~ng teataurant as defned above. In order for the parking to work with the Golf-O-Mat faca~ity a the b®semeat of the Center, we feel it is important that shared parking be . Ibis is covered in the discussion of the proposed amendment to the Conditional Ilse P~etmii also reviewed in this memo, Our concern with the Amendment to the parking variance is that it may not be the most appropriate means to achieve the desired end Bdore I e.~Iain our position on this issue, I should say that I have reviewed this with Paul Matke, who is acting as City Attorney on this matter, and he has assured the that this shaild not be a problem. Approving an amendment to a variance can be perceived as renewing support for the ongtnal decision to grant the variance. We believe the original variance was not the appropriate tool for allowing the developer to vary from the City's parking requirements in order to build the Center. Bullseye Var~nce and Coadtttonal Use Permit Regnest 3 As you know, the criteria in the State Statutes for granting variances requires that there be a hardship and that the hardship not be a result of actions taken by the owner or due to economic considerations. To fully explain how this relates to the situation regarding the Bullseye Center, it is necessary to clarify some of the history behind its development. When the numbers were being worked out for the Tax Increment Financing, it was determined that in order to create enough increment to support the district the Center had to be a certain value after development. The result was the Center had to be budt larger than would normally have been permitted by ordinance on this site. Since the butldingwas too large, there was not enough room for parking and a variance had_ to be granted before the Center could be built. Clearly this is an economic consideration and does not meet the strict requirements of the statutes. Since the original variance was in violation of the statutes, we believe that the amended variance would also be in violation. The concern is that if there were a parry who strongly opposed the variance amendment and decided to take action, the City's position might be vulnerable. RECOMMENDATION Other than the legal issue discussed above, which the City Attorney has assured me should not be a problem, we see the proposed amendment to the variance as an appropriate first step in monitoring the parking situation of the Bullseye Plaza Shopping Center. In order to insure that the variance is respected, we recommend that the Conditional Use Permit include a condition for monitoring the parking budget annually see recommendations for Conditional Use Permit). We also strongly urge that a written agreement between Henry Kristal and Dennis Hunt, regarding the 13 additional parking stalls necessary to meet the needs of the Bullseye Center, be inducted in the documentation of the variance. CONDITIONAL USE PERMIT AMENDMENT The owner of the Bullseye Center is also requesting the City to modify the C~ditional Use Permit for the Goff-O-Mat facility. The request iadudes reequering patrons of the golf leagues to park on the Bullseye Center's main bt and eaootu~ges them to enter the establishment through The Golf Shop entrance. How are encouraged to enter through the Golf Sbop should be clarified, ieti sig-age, dosing the rear door to access other than emergenry, etc. The amendment also calls for the hours of operation of the winter golf leagues to be limited to 7:00 p.m. to 8:30 p.m. Finally the request states that the operation of the Golf-O-Mat facdiry w~l not create a pazking problem for smrotmding property owners due to the shared parking situation with the other uses is the Shopping Center. We feel that shared parking would help reduce the parking problem related to the Golf-O-Mat operation, however, the shared parking situation is not dearly outlined. Some requirement should be made to insure that enough of the retail uses in the Center wdl be dosed to permit shared parking when the Golf-O-Mat fac~ity is running its leagues. JEI~ISEN, HICKEN, GEDDE ~ SQUrCIE, P. A. AZT0B1JEY3 AND C0UNSEL01tS AT LAW , isoCE:, EDWAEtD A.,1A . sucKw-N, ]osN T• GYDDt, TI3oltA5 A. CiItOVY~It, sYTii Si• HOWARD. AO)FAT A ENSlN, ~,AViD L. 1LA'T!=8, lAUL E. SC07f. 1d1C1IAEL ). SOUCYS. FAFD H. soo ANOrw oFS1cE ~ 31b0 ?1[IAD AV;NUE ANOYJ-, HTNNESOTA 66303-Y=9d E1..ETllONE f412) 4$1-4110 TELECOF'IHA (612) 4Y1-10~lO April 26, 1989 br CO't7lVSEL iiADLiY, cRAS,Lns s. L,L1TiSER, LICl1A1D L. Ms. Janet It. Wiessner Planning Commission Members Counciisembers o! the City of Falcon Heights 2077 West I,arpenteur Avenue Falcon Heighta, MN 55113-5594 RE: Bullseye Parking Issues This office has pt~rticipated in a number of discussions of the parking situation around the Bullseye Center, including meeting with Tim Malloy, Jan wiessner, Dennis Hunt, Henry Krystal, and Hunt's leasing agent, Pauline Kruger in order to clarify the uses to which Hunt may put the Bullseye Center and still be in compliance with bis perking variance and conditional use permit for Golf-a-Mat's. The record concerning the original parking variancf is sketchy in that no findings were stated in the minutes which would explain the basis for granting the variance. Feverthelese, a variance was granted and Bullseye was built in reliance on that variance. The owner row wishes clarifications of the variance so that he oan put the Center to its optimum us°• It is our opinion that it is appropriate !or the Planning Commnission and-the Council to presume the validity of the already existing variance. The current proposal is ~nereiy to clarify the conditions attached to that variance, not to reconsider the variance itself. It would be particularly inappropriate to reconsider whether or not the variance should bt granted, since as was earlier stated, the owner built the Center in reliance on that variance. The present reconsideration of the conditions on the variance is permissible, in part, because the property. owner has Ms. Janet R. Wiesner Planning Commission Members. Councilmembers of the City of Falaon Heights Page 2 April 26, 1989 requested that reconsideration. "In effect, what the City is doing. is heading off a potential future. problem with parking at the Center by working with the owner. Assuming that Henry Rrystal and Dennis Bunt reach a written agreement for shared parking, which ie to be part of the revised variance conditions, we do not see any 1ikg~.y -- -- ~~~ challenges to the varianoe or the change in its co~~t,3.ons..~. __ .... . The City should be more concerned about the potential.__~_ _ dispute with Dennis Bunt if this matter is not resolved by agreement. Finally, the proposed amendments to the variance conditions do not liberalise the parking restrictions at the Center. They merely clarify and real7.ocate those spaces. Addition- ally, the City is to be provided a mechanism to monitor compliance with the variance in a simple and dire~a8hicn.._._..._._.._ For all of the above reasons, we believe that amendment of the variance conditions would be an appropriate solution to the present problem.. Yours truly, JENSEN, HICI~:N, GEDDE & SOUCIE, P.A. PalE. Mt e Assistant Falcon Heights City Attorney pF.~t/abg f Attachment (4) FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612-644-5050 April 25, 1989 TO: Planning Commission and City Council FROM: - Jan. Wiess r RE: BULLSEYE SHOP G CENTER REQUEST TO AMEND 1984 PARKING VARIANCE Dennis Hunt, owner of the Bullseye Shopping Center, has requestedthattheCityamendtheparkingvariancewhichwasapprovedinSeptember,1984. This amendment does not change the original parking requirements: t does, based on Projected Actual Storage/Warehouse 16,800 s.f. 12,194 s.f. Office Space 1,000 s.f. 0 Retail 18,000 s.f. 21,948 s.f. s.f. 34,242 s.f. RECOMMENDATION: Approval contingent upon the following three conditions: 1. Written Supplemental Parking Agreement If a parking agreement for an additional 13 spaces can be obtained by Mr. Hunt, there appears to be adequate parking for this shared parking plan. 2. Annual Review Since the success of this plan is highly dependent upon the compatibility of the tenants it is important that the parkingsituation. be reviewed annually by the City. Although the current. fairly low intensive rental mix seems to work well now, should problems arise, additional restrictions in the tenant mix maybewarranted. Storage/Warehouse.. Office Space Retail 1 space/11,000 s.f. l space/200 s.f. " 4.5 spaces/1,000 s.f. however, change the amount of area alloted to each use the current use of the building: l10ME OF THE MINNES07A STATE FAIR AND THE U O~ M MLSTIME OF AGRICULTURE3 2- 3. Restaurant Space Limit It is unclear whether restaurants were included in the initial plans, however, it is likely that one Was included. Because of the additional parking required by restaurants, it is importantthatthisusebelimited (15$ was chosen. because it is close to what the current use is and it has been used in other CityCodesasacap). JW:kjz n U 4 • a Attachment (5) a ~ 6`s {~ a~~ t~1. - ~~ ~{I'~'I April 12, 1989 Writer's Direct Dial Nwnber (612) 221-1949 PLEASE REPLY TO: Capital Centre 386 North Wabasha Suite 150 St. Paul. Minnesota. 5102 Ms. Jan Wiessner City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights,. Minnesota 55113 Dear Jan: Enclosed please find the following items: 1. Request for reconsideration of change in theconditionalusepermitfrotheGolf-O-Mat, and; 2. Amendment to_ the parking .planar-ice. Tlie shared parking agreement between Dennis Hunt and 1Henr-;r' Kristal is bein written b our attorne and reviewed b Mr~~g Y y YKristal's attorney. A signed copy will be sent to you as soon asallpartiesagreetothedocument. Jan, I wish to thank you for all of your assistance in resolvingthisissueofparkingforBullseyePlazaShoppingCenter. Wewillallbehappywhenthisisresolved. Please contact me if you have any questions. Sincerely, TOWLE REAL ESTATE COMPANY GGGL~~sc..C. C Pauline C. Kruger Property Manager enc. PCK/smc TOVVLE REAL ESTATE OOMPANY 330 Second Avenue South, Minneapolis, MN 55401(612) 341-4444 1{iG ASIsA llGRBT This parking Area Agreement is made th~,s ~ day of _,.„~, ig89, by end between MR F~M$ i3YSTEMS, INC., a Minnesota corporationEmbers") and euLLSEYE Gobi' CENTER, YNC „ a Minnesota corporationt"Huilseye"), 1. BE~ITALS. l Embers is the owner o~ a certain parcel of reel property, and improvements thereto, legally described in Exhibit Aattachedhereto (the "Embers Premises"). 1.2 8ullseye is the owner of a certain parcel of real property, and improvements thereto, legally described in BYhibit A attached hereto ttha "Builseye Premises"). 1.3 The Embers Premises ane the Bullseye Premises f3hare a Common property line in an area QiteCtly north of the Embers restaurant building, upon which property line is loeatod a parkingareawiththirteen (l3) marked parking stalls as notdd in theExhibit $ attached hereto (the "Parking Arse"). 1.4 The parties hereto wish to set forth in writing thQir agreements and understandings with respect to trig parking Area. NOW, THEREFORE, in Consideration of the premises and of themutualcovanantaandagreementshereinsetforth, the parties agreeasfollows: 2. USE. The Parking Area shall be used by the Customers and/vr employees of Embers and for the employees end nog-Golf-O~Matic customers of Huiiseye for the nonesclusive, temporary parking of motor vehicles and for no other purposeswhatsoever. 3. ~$$~. This Agreement may be terminated by either partyonthirty (30) days prior written notice. Thirty (30) days afterthedeliveryofsuchnotice, neither party shall have any rights oroblig8tionshereunderandthisagreementShallbeterminated.4. REPAYR A1fD~AA~~TFN Ezcept for damages to the premieres caused by the negligent act Of the other party, each partyshall, et its ezpense, maintain that portion of the Parking Arealocatedonitspremisesingoodconditionandrepair. The partiesfu~CthBr agree to eooptrate in good faith in the scheduling of therepair, maintenance and re-marking of the parking Ares. S• Any intention to create a joint venture,.partnersh4p or agency re7.ation between the parties hereto is zpressly aiBClaimed. 6• $. Any notice dtsired or required to be givenunderthisAgreementshallbeeither.hend delivered or sent postagepaidregisteredorcertifiedmail, return receipt requested, As to Embers; DAR EMS Systems, Inc. 1664 University Avenue St. Paul, Minnesota 55104 Attenion; Mr. Henry Kristal I~iRTY01- ~ 1 ~ ' j *r ti`titht ~tav t ~ ~. i t~ M 1b1~.3.37~i (14 FFJ1~1 rv~~ 0_: ~F~tl`J ltbki I tL N i bl~ 344 yl~bCIO ~ ~ ~ may. iii07rJ r'qC I• parr a P~ISG AitBJ-~ •~t 1rNOM1fY ~ r t 1 s i 1 t i• i~ i i w ~ ad ~cvlr+or~ Itit (jNFR3NS 'N skued c~rwr~pcp f'IHY-d1 '89 12.08 ID•FELHABER LPN ETAL TEL ~2 4 14 501 P04 MAY-01- 89 10:.31 ID:PETERSEN TEWS TEL N0:612 344-1650 0!95 P05 C EXHIBIT A Y.•ogal Desoriptfon o! Bmbera Premises.: Lots 4 and 5, Kellor's RCSrzarigomCrit of 81eck 10 of Feleon iieignts Addition, including the Wsst i/2 of the vacated alleyadjacenttoeeiQlotsaooordinq ~o tho plat thereof on file and o£ rocasd in the ofgic® o£ the Registrar o! Titles in and for ROeaseY COurity, D[inn®sota. Legal nescription of Huliseye Pr~niaee: Let 3, and the West 1/2 of vacated alley of Keiler's Rearrangement oi` 81oCk 10 Of Falcon Meigbts Addition, RamseyCounty, Minnos~otd. (Liquor Store] Lots 6, '7, 8, 9, 10, ].1, 12 & 13, Kelier's Rearrangement of Hloek irk of Falcon Heigltta Addition, Ramsey County, Minnesota. Bullseye's Corner property) Lots 14 & 15, xeller's Rsarrangement of Black 10 of FaiCpn Hoights Addition, RBmr~ey County, Minnesota. {Filling station) MAY-O~-'$9 1 ID:FELfiABER CARSON ETAL TEL N0:166123394714 #501 P03MAY- 1-- e9 ~0: 1 ID:PETERSEN TEWS TEL N0:612 34d-1650 #~(~ ppq Ag to Sullseyo: 9ullseye GoIF Centers, Inc. 1557 Larpenteur Avernus Pa1COn Heights, Minnesota 55109Atta»tio»: rts. benriis Hunt with a copy ta: Towle Real EBtdtG Company, =nC.Suite 150, Capital Center 386 North Wsbasha St. Paul, Minnesota 55102 Either party may, by written notice, designate a different address to which notices may b• sent. IN WiTNES6 wxEItEOF, the parties hereto have executed this Agreement vn tho day anc~ year £i.rst above written. ATTEST; MR EM6 SYSTEMS, iNC. BY Its Attest: BULLi3EYE GOLF CENTERS, iNC, Q~19E/042889 HY: Its 2- Attachment (6) MINUTES REGULAR PLANNING COMMISSION lIEETING hay 1, 1969 Chairman Black called the meeting to order at 7:30 P.M. Black, Barry, Boche, Duncan, Finegan, Grittner and Nestingen.Also present vas Council Liaiso W PRESEnallin, !layor Baldwin,Administrator Wiesner, Planner Mallo a d I NT y n ntern Carlson. Carroll and Daykin. - ABSENT Duncan moved, seconded by Finegan, to a '3, 1989, Planning Commissi p AponMinutesasresented.carried unanimously.otion 4/3/89 MINUTES 1ldmfniatrator Wiesner reviewed background inforaation ontheBu2leeeSh APPROVED y opping Center parking variance and theirpresentrequesttoamendouchvariance. She reconnendedapprovalcontingentuponthreeconditions:supplemental parking a rittenra PARKING g eement, (2) annual reviev of rkingvarianceand (3) a restaurant BULLSEYE apace limit. Discuasionathenensuedonwhethertheamendmentofth GOLF eshouldbetiedtotheamendmentofthec°nditionalgtheu r use permit,se of the basement storage area b thehowtheannualrevie achinesfmwwouldbedoneandbywhomandwhatmeansthecitycoulduseiftheparkingvarianceAfte WIESSNER were violated.r such discussion, Boche moved, seconded by Finegan,approval of amendment t hote parking variance contingentuponthefollowingconditions:VARIANCE APPROVED 1) Use Square Feet Parking Req.*S aces Storage/ i~arehouse~` 12,194 1/100 a f 13 Retail 21,948 4.S/2000 a.f.99 TOTAL 34,242 ~ The basement area would be need as storage/warehousespace. (A reconsideration of the conditionalusepermitfor .the Golf-Ol1at operation has beenrequested.) 2j Retail apace is defined to include traditionalretailuses, and restaurant nseage shall not exceed1S$ of the total retail apace or 3,292 squarefeet. Uae of apace as take-out or non-sit downoperationswillbeconsideredasretailapace,not as restaurant space. MINUTES REGULAR PLANNING MAY 1, 1989 PAGE 2 COMMISSION MEETING 3) A parking budget of existing tenants of the shoppingcenterwillbesubmittedtotheCityofFalconHeightsannuallyforreviewbyAdministratortodeterminecompliance .with the variance. 4) There shall be a written parking agreement inplaceWi.'N~+ p~o~e,~, aWw~,a .~l~t.,;.. 5o0',Ft,~ C.u~{r.~ ,{.~~.Ati. ~~'~ ~3 rd~ue. J~ PUBLIC Chairman B ac o e~~"'~he~ plc ear~and a~ ~ HEARING the hearing notice had been p s' at CODE Heights Focus. Published fn the A zil 19 Roseville/Falcon AMENDMENTSTi:q Malloy reviewed his April 13, 1989 memorandum regardingupdatedrevisionstoresidentilsaetbacksaswellasproposedcodeamendmentrecommendations.1'1ALLOY Howard Christensen, 1452 West California, au angeinthecitycodeHpit HOWARDevasoftheopinionthatfyoungerfamiliesarenotallowedtobuildonadditions, the willt CBRISTENSEN ynoconsiderpurchasinghomesinthiscityandthere willbealt 1x52 WEST o of empty homes. He also felt there should be .roomforexpansionon CALIFORNIA corner lots. Aome values will decreaseifadditionsarenotallowed Mayor Baldwin referred to his April 18 mem apresentcodeviolatestheintentofplanning ordinances.The city should be BALDWIN concerned about maintaining values ofresidentialpropertyandbycontinuingtoimposeunfairstandardsviolatesresident's rights to maintain a oodlgquaityoflife. ee was in favor of the code amendments. Chairman Black closed the public heazing at 9:12 P.M HEARING Finegan moved, seconded by Grittner, to approve amendmentstothecitycodeiS CLOSED n ection 9-2.02. Opon a vote being taken,the following voted in favor thereof: Blacr B CODE arry, Boche,Finegan, Grittner and Nestingen, and the following votedagainstth AMENDMENTS e Same: Duncan. Motion carried.9-2'02 APPROVEDNestingenmoved, seconded by Barry, approval of amendmentstothecitycodeinSections9-2 04 d 9 CODE AMENDan2.05. Motioncarriedunanimously.9-2.04/.05 11PPROYED As a result of the Planning Commission approving the above.code amendments, Mra. Elisabeth Mur h 1455 ELIZABETHpy,Beat California,will not need a variance for an addition to #:er home lORPHY VARIANCE NO' Bullaeye Golf requested an amendment to their conditionalusepermit.Administr t NEEDED a or Wiessner advised thatencounteredbyadjacentpropertyownersbhavin problems CONDITIONAL of the golf-o-mat. machines using the rearY(north) lotrhasresultdi OSE PER~JIT e n such an amendment request. After a discussion,Barry moved, seconded by Nestingen a d AMENDMENT REQUESTEDmenmentoftheconditionalusepermitforBullaeyeGolfwiththefollowingconditions: j t APPROVED MINUTES REGULAR PLANNING MAY 1, 1989 PAGE 3 COMMISSION MEETING 1. The operation fs limited to sixteen (16) machineswiththeoccupancylimitbeingposedasdesignatedbytheFireMarshal. 2. Patrons of the Golf-O-Mat facility will be requiredtoentertheestablishmentthroughtheGolfShopentrance. CONDITIONAL nSE REQUEST AMENDMENT APPROVED WITH CONDITIONS 3. Signs shall be posted, in accordance with the requirementsintheCityCode, requiring patrons to park inthesouthandwestparkinglotsoftheBullseyePlazaShoppingCenter.. 4. Sours of operation in the Golf Leagues will belimitedto ?:00 P.M. to 8:30 P.M. Monday thru Thursday.5. The amount of retail square footage equal to theareaoccupiedbytheGolf-O-Hat facility shallhavehoursofoperationwhichdonotcoincide withthehoursofthegolfleagues. 6. Each year the owners of the Bullsepe Flaza shallsupplytheCitywithinformationregardingtheCenter's current tenant mix, hours and vacancies.This information will be used to review the parkingplanfortheCenter. If it is determined thattheShoppingCenterisinviolationoftheparkingvariance, the Conditional Use Permit may be revoked. 7. A written agreement for an additional 13 parkingspacesshallbeineffectwithpropertyowner(s)within 500 feet of the Shopping Center. 8. Restaurant use shall be limited to 15 percent oftheavailableretailapaceunderthissharedparkingplan. Additional restaurant apace vauld requirefullcompliancewithrestaurantparkingrequirementsintheCityCode. Opon a vote being taken, the conditional use amendment wasapprovedunanimously. Black presented the Parking Commitee RePlanningCommission. input. After a shortrdiscussiona pectin en PARKING moved, seconded by Duncan, to accept the prelioinary draft g COMMITTEEreportpolicyasaprogressreport. Motion carried unanimously, REPORT MINUTES REGULAR PLANNING COMMISSION MEETING.MAY 1, 1989 PAGE 4 Administrator Wiessner addressed the Planning Commissionrequestforstaffassistanceandreviewedherrecommendation PLANNING hehiring a part-time professional staff planner and how COMMISSIONprocessWouldproceed. Finegan moved, seconded by Duncan, ASSISTANCEapprovaloftheconcept. Motion carried unanimously. RE UEST4Nestingenmoved, seconded by Boche, to adjourn the meeting APPROVEDat9:58 P.M. Motion carried unanimously.ADJOURN- MENT Submitted by: Katherine J. Zimmerman Approved: Edgar Finegan, Secretary xT~ ~scxr~rtoN Code Ameadmedts Relating to Dimen~sioiaally Non-Conforming Buildings and Structures and Residential Setbacks. t18?tITTF~ BY: Tom Baldwin Tim Malloy AEYIEB~D -~!Ys Shirley Chenoweth Planning..Commssion 5Jl/89 PL111~ATI0liI~Y (a3tscb additional sLests as z~acdasasl): Dimensionally Non-Conforming Bufldin~s aad Structures... ~ICh. 9-2.02 When.Chagter 9..2.42 of the Code was amended in 3uly of 7.988, the new wording prohibite the alteration or improvement of such structures beyand,hormal'maintenance. Mayor aldwin requested the Commission reconsider that action. Tfm:Malloy has recommended ome wording to address the Mayor's request... On May .1, the Plasming Com~issioa recommended approval of the:.atta~hed amendment. Resid::ntial.Setbacks - Ch. 9-2.04 7:n April of 1989, the Planning Commission approved amendments to-the setback sections of the .Code. Some. of these amendments were `found', to be in conflict with other parts of the Code and Tim Malloy has made rgcc~omendations to cprrect this. Attachments: l) Memorandum dated April 1$, 1989 from Mayor Baldwin 2) Memnzandum dated April 13, 1989 from Tim Malloy 3) Copy-of >bcisting Code and. Code previous to 1988 $melndment 4)` Proposed amendments as recca~ended by the PlanainglCo®msson (deletions are crossed out, additions underlined) ACTIf?N ItEQUEST7~ ..~, r t Attachment 1 l.~~ FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHT'S, MN 55143-5694 /HONE 612-844.550 April 18, 1989 T0: Dave Black FROM• Tom Baldwin RE: Chapter 9-2.02 OF THE CODE RELATING TO DIMENSIONALLY SUBSTAI®ARD BUILDINGS AND STRUCTURES As you know, the recent stricture on our ability to grant variances casts a new light on some of our ordinances. Perhaps nowhere is this sore evident or critical than in the above referenced section. i4s you may remember that Faith Ohman's request for a variance last year prompted a discussion on the meaning and intent of the old subdivision which read "Except as hereinafter provided in this section, buildings or structures lawfully existing on he effective date of this Code may be maintained although such building or structure does not conform to the dimensional standards of this Code, but any building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building, or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed provisions of this Code and shall not increase the existing substandard dimensions." The Council concluded that Ms. Ohman, because her house was, under this subdivision, a lawful, dimensionally substandard structure whose only substandard dimension relattd only to setback, and because she was not increasing the non-conforming dimension, seed not apply for a variance. We, and the Planning Commission, later straggled with lsaguage that would be less confusing in these cases. Same (I, anyway) #elt ire could ignore the issues by seeing the portion of the sub- division starting with the word °except" as an ezclasionary stateaent that was actually saying that the ordinance did not apply to structures whose only problem vas setback requirements and whose owners were asking to simply build alas the existing setback and not further into the setback. Others felt we should reserve the tight to review. such requests and grant variances when appropriate. Since it was the last portion {from the word "except") of the subdivision that was creating the confusion, it seemed both sides could be appeased by simply deleting that portion. 11~at vas onr final action. This action, combined with the stricture on variances, has left it virtually lIOME OF THE MINNE~fTA STATE FAIR AND T!E U OF M N6TITLRF OF AGRICULTUf~ 2- impossible .for a significant number of our homes in Falcon Heights to be upgraded. Compounding the problem ie that this most directly affects our older hoes--those mast in need of expanding if the homes are to compete for the younger families we wish to attract to the city. Because of this,~I'm asking the Council and the tanning Commission to reconsider the wording of the ordinance. What seems at issue here is the intent of our ordinances. i~lhile prescriptive planning ordinances may serve newer, expanding areas well, I believe descriptive ordinances are called for in areas of our city where the homes were developed before our ordinances were, Rather than enforcing unyielding ordinances on ezisting homes that have no chance of•coming into compliance, we should instead be describing the standards of the neighbozhood and be enforcing those standards in:B manner that maintains the value of the properties in the area. This view is in keeping with Chapter 9-1.01. Subd. l{o) and (p) (purposes and intent) of the Code: The purposes and intent of this chapter are to: o. Provide foz the gradual elimination. of those uses....which do not conform to the standards for the area in which they are located and which may adversely affect the development and property value of the property in such area; p. Provide for the regulation and control of such non- conforming buildings.........as is necessary or appropriate for. the rehabilitation of the areas blighted thereby; emphasis added). The subdivision, in its current form, directly contradicts item (o) because these homes do conform to the standards for the areas in which they are located, and it is the ordinance itself that adversely affects the development of the area and the value of the property. Item (p) makes it clear that the concern here is rehabilitation of blight enhancing structures. Again, an ordinance that restricts beyond any reasonable degree an owner's right to ezpand and upgrade will be the cause, not the cure, of blight. It seems language similar to that suggested by Tim Malloy is reasonable here. I would even suggest striking the adjective "corner" so that the ordinance speaks to the general problem. Kr:owing how busy your Commission is, I regret asking you to reconsider such a recent decision. However, I feel the number of homes in Falcon Heights. affected by this problem warrants my request. I sincerely appreciate your work on this issue. TB:k3z c: City Council Planning Commission Attachment 2 LAtiU<C:~PI ~.~•'C:H3TLi ?C 3Ui~ ill: C'1 ~, ~,'r. •~ 'f ~~:c!i iii Sl'1? f : lei X11\t:i A.':)l1~ ... , MEMORANDUM DATE: 13 April 1989 T4: Ciry Administrator, Planning Commission, and CouncO Members FROM: Tim MaIloy, Plarmer RE: Update on Revisions to Residential Setbacks Additional information has come to our attention which requires a brief review and clarification of the recommendations we made regarding revisions to the City's residential setback regulations. EXPANSION OF A LEGALLY NONCONFORMII`G STRUCTURE The issue of corner side yard setbacks has been complicated by a recent request for a variance to allow an addition to a structure that is legally nonconforming with respect to the corner side yard setback. The lot in this patticltlar case is 52 feet wide and the house is locates doser to the corner side lot line than i4 c~urently permitted. More importantly, the lot would sti11 be nonconforming under the proposed side yard setback revision for corner lots (200 of the lot widths which raises an important question. Should structures that are legally nonconforming with respect to corner side yard setbacks be permitted to expand? Currently, Section 9-2.02 Subd. 2 of the City Code prolu'bits am+ alteration other than normal maintenance. However, the Mayor has requested that this issue be reconsidered. In other communities, it %a ndunoommon for principal structures, in the same situation, to be permitted to expand providing the proposed addition does not extend loser to the corner side lot line than the e~kisting structure. lbis could be accomplished by amending Section 9-2.02 Subd. 2 to read as follows: Resldential Setbacks Update Page 2 Except as hereinafter provided in this section, bindings or structures lawfully existing on the effective date of this code maybe maintained ahhough such bindings or structure does not conform to the dimensional standards of this code. Any such budding or structure shall not be altered or improved beyond normal maintenance. However. in t CORNER SIDE YARD SETBACKS FOR ACCESSORY S1'RUGTURES The wording of the amendment to Section 9-2.02 Subd. 2, as stated above, does not deal specifically with the setbacks for accessory structures on corner lots. However, Section 9-2.04 Subd. 2(e) states that any front or side yard setbacks that apply to r principal structures would also apply to accessory structures. Therefore, since aye propose to amend the corner side yard setback requirement to be 20 percent of the lot width, this would also apply to accessory structures. This would create a situation where accesson~ structures on corner lots could be located closer to the side lot line than the principal structure. For example, if the lot were 100 feet wide and the existing house is located 30 feet from the side iot line (assuming it was built to conform with the existing 30 foot comer side yard requirement) then under the new corner side yard requirement a garage or other accessory structure otfuld be located 10 feet closer to the side lot line than the house. -This situation is less pronounced when the lots are smaller. One solution to this problem would be to modify Section 9-2.04 Subd. 1(f) to include corner side yards as follows: f. No detached garages or other aa~ssory bu~7dings shall be located nearer to the front or corner aide lot line than the principal bu0dmg on that bt. INTERIOR. SIbE AIVD REAit YARD SETBACKS FOR ACCESSORY STRUCTURES Rocently the Planning Commission moved to rcoommead modifying Section 9-204 Subd. 1(c) to read approximately as follows: c. Accessory butldings on interior lots in a residential district may be located not less than S feet from a side or rear lot line unless the accessory structure is located in the rear 20 percent of the lot, is which case they can be located within 1 foot of the side or rear iot line. We offer the idllowing modifications to this amendment: c. Accessory buildings, ether than garages, on interior lots in a residential district may be located not less than S feet from a side or rear lot line This amendment would not allow such an expansion in eases where the structure is nonconforming with respect to dimensional requirements other than the Donner side yard setback. Residential Setbacks Update p~ 3 unless the accessory structure is located in the rear 20 percent of the lot, in which case they can be located not less than 1 foot from the side or rear lot line (overhangs may not extend into the 1 foot side or rear yard setback). Garages on interior lots in a residence district may be located not. less than S feet from a side or rear lot line unless they are located in the rear 20 percent of the lot, adjacent to an alley and oriented ~ that the vehicular access door does not face the alley in which case they can be located not less than 1 foot from a side or rear bt line (overhangs may not extend into the 1 foot side or rear yard setback). ACCESSORY BUILDING COVERAGE Section 9-2.04 Subd. 2(b) would be amended to read as foliaovs: b. ea: No detached accessory budding or buildings shall occupy more than 35 percent of the area of a required rear yard. uu ~~Iw' .~.._. . _~,~ ~ Attachment 3N[~F~BY_ QRDINA~CE, ~88~4 ~JULT, 19B6J LANNINC 11® DEVELOPlBIIT 9-2.01., 2.02 RT 2. GENERAL PROVISIONS 9-2.01 Application and Interpretation Subdivision 1. Interpretation. In the interpretation and application of the provisions of this Chapter, Lhe provisions thereof shall beheld to De the minimum. requirements for the pro.otion of the public health, safety, eonvenieace and yelfare of the citizens and residents of the City. Subdivision 2. Conformance. No structure or improvement shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner yhieh is sot in conformity yith the provisions of this Chapter. Snbdiviaioa 3. District IIaes. The uses as set out In the provisions for the various districts shall be the uses alloyed under this Code. - Other uses not listed yhich are deemed similar by the City Council, in a resolution setting out such judgment say also be permitted. 9-2.02 Noa-Conforming Uses, Buildings and Structures Subdivision 1. Preservation of Non-Conforoing Uses. Szcept as hereinafter provided in this Section, the lawful use of land or the lawful use of a building or structure existing on the effective date of this Code or on the effective. date of any amendment thereto may be continued although such use does not conform. to the provisions of this Code, except as otherxise provided in this Section. Advertising signs located in the City shall be removed by October 1, 1985. division 2. -preservation of Dimensionally Substandard Buildings or riictures. Bzeept as hereinafter provided in this Section, buildings J~`• or structures lawfully ezisting on the effective date of this Code say 11~' be aaintaiaed although ouch building. or structure does not conform to V'~ the diaensional atffidards of Chia Code. Say snah building or structure shall not be altered or improved beyond aoraal maintenance. 23 li'~ ORD~NG . i5- PIAI~TII~Xa AAD DEVEIDPI~II' 9-2.01. 2.02To1q88 PART 2. GEi~ERAL PROVISIONS C • 9-2.01 8,pj?~,~,ratifon ane ~nterfl Subdivision 1. Tr,, ~jgret„tinn= ITI t~lE i~fterpretat3Cn a:d application of the pcacrisio~ns of this C~pter, the provisions thereof shell be held to be the minimxn requirements for the proaDticm of the public health, safety, convenience and Melfare of the citizens and residents of the City. Subdivision 2. ~ No structure or faQro shall be erected, oanverted, enlarged, reconstructed or altered, ana no structure or land shall be used for any purpose nor fn any a~enner shish is not in conformity with the provisions of this Ctmptez. S1~bdivis3ron 3. District uses. The uses as eet out in the provisions for the various districts shall be the uses allowed tsder this Oode. Other uses not listed rhich are deemed similar by the Cfty tbtu~cil, in a resolution setting out such judgnent ~Y also be peaaitted. 9-2.02 Ian-informing Uses, Buildings and Structures Subdivision 1. Preservation of Non~nformir~q Dyes. Except as hereinafter provided in this Section, the laWfu2 use of land or the lawful use of a building or structure existing on the effective date of this Code or on the effective date of any amendment thereto may beC . continued although such use does not conform to the provisions of this Code, except as otherwise provided in this Section. Advertising signs located in the City shall be removed by Ocxaber 1, 1963. R~divis3tln'~: '"~reservatian of Dimensionally Substa~ard Buildingsor Except as hereinafter provided in this Section, buildings or structures lawfully existing on the effective date of this Code may be maintained although sud, building or structure does nat conform to the dimensional standards of this Oode, but any such building or structure shall not be altered or isproved be~ord norsal aai~:tenance, esoept that any lawful dimensional substandard residential building,. ac~oessory building, or structure any be altered or iapsoved if the e:fisting sub~sta~dard dimension relates only to setback requireoents and does not exceed provisions of this Qode and shall ao~t increase the existing substandard dixoensions. CA 23 4 2. GENERAL PROVISIONS 9-2.01 Applioatioa sad Interpretation Snbdivialon 1. Interpretation. Ia the interpretation and application of the provisions of this Chapter, the provisions thereof shall be held to be the minimum requirements for the promotion of the public health, safety, convenience sad welfare of the citiseas afld residents of the City. 3uDdivisioa 2. Conformaaae. No structure or improveaent shallibe erected, converted, enlarged, reconstructed or altered, end no structure or land shall be used for any purpose nor in any sanner Nhich is sot is ooaformity with the provisions of this Chapter. 3nbdiviaion 3. District Uses. The uses as eet out in the groviaioas for the •arioua districts shall be the uses alloyed under this Code. Other uses not hated trhieh are deemed similar by.the City Council, in a resolution setting out ouch ~udgmeat may-also be permitted. 9-2.02 Non-Conforming. Uses, Buildings and Structures Subdivision 1. Preservation of Non-Conforming Uses. Ezeept as hereinafter provided in this Section, the 1aWfu1 use of lead or the lawful use of a building or structure existing on the effective date of this .Code or on the effective date of any amendment thereto may be continued although such use does not coaform_to the provisions of this Code, except as otherxise provided in this Section. Advertising signs located in the City shall be removed by October 1, 1985. Subdivision 2. Preservation of Dimensionally Substandard Buildin8s or Structures. 8zeept as hereinafter provided in thin 3ectioa,-buildings or structures lawfully eziating on the affective date of this-Code may be maintained although such building or atructnre does not conform to the disenaioaal standards of this Code. my such-building or structure shall not be altered or improved beyond noraal sainteaanee. Bawever, in cases Where the inci 1 structure is 1 all nai-confonoi ,with C' re t to corner side rd and intern side setbacks, an additic to the inci structure ma be all idi the additi not extend closer to the corner side or interior side lot fir than the existing principal structure, d providing that such additior. 811 other requirements of this Code. O does meets 1 anbdivisioa 3. unlawful Use, Buildings, ~d Structures. Ho nalawtul nee of property eziating on the effective date of this Code nor any building or structure which la unlawfully existing oa such day shall be deemed anon-oonformiag use or a nos-conforming building or structure. 3nbdiviaioa 4. Permit Holders and Permit lpplicants. /ny non-conforming structure that is ready for or under construction on the effective date of this Code may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to such effective date. Subdivision 5. Change From One Hon-Conforaing iJse to !mother. 1 non-conforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, •a nos-oonformiag -use ~of -a building gay be e~anged to another non-conforming use of the same or a-sore-restrictive olassifioatioa, and provided such -change is approved~by-the City Council. Once changed to •a conforming use, no building or land shall be permitted to revert to aeon-conforming use. 1 mom-oonforaing•nse,•ali or partially conducted ia~a building or buildings, tray be ohaaged to another non-conforming use only upon determinatien by the City Council, after a public hearing, that the proposed nev use will be ao sore detrimental to its neighborhood and surroundings than is the use it is to replace and that there is no conforming use available for the building or buildings. In determining relative *detrit~eat", the planning Commission shall take into eonsideratios, aaong other things, traffic generated; nuisance characteristics, such as emission of noise, dust, and smoke; fire hazard; and hours and Manner of operation. Subdivision 6. Restoration of Hon Conforming BuildiaB or Structure. t son-conforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity may be restored sad the occupancy or use of such building, structure,-or part thereof, which gziated at the tiae•of such partial destruction, may be continued or resumed, provided that the restoration is started rithin a period of one (1) year and is diligently prosecuted to oo~pletion, unless the - damage to such building or structure is equal to fifty percent-{50x) or lore of the replacement coat thereof ~(as determined by the Eoning ld•inistrator), in Hhich case, the reconstruction shall nonfarm to the provisions of this Chapter. Sd-diviaioa ?. lbandonment of Use. Yhen say non-oonforatng use of land or of a building or structure is •abandoned for a~period in a:oess of one (1) year, such lead, building or structure shall, thereafter, be need only as provided by this Chapter. 2 Subdivision 8. AeDaira and alterations. a. lion-oonforming Use: Repairs and alterations say be ands to a non-oonforming building or structure, provided that no structural alts rations ti+hicb increase the bulk of the building or structure, all or substantially all of ~rhioh is designed or intended for a use not permitted in the distrioL in xhich it is located, except those required by laW or, except to sake the building or structure, and the use thereof, oonform to the regulations of the district in which it is located. For the purpose of this subdivision, repairs shall include the replacement of storage tanks there the safety of operation of the installation requires such replaoement, and other replacements of, or substitutions for, aachinery or equipment not involving structural alterations to the building or structure, except as herein above provided. b. Permitted Use: 8epairs, alterations, and Structural changes may be ands to anon-conforming building or structure, all or substan- tially all of which is designed or intended for ~e permitted in the district in which it iss~g~~ted-~prerlded=pairs, altera- tions, or structural changes--conform to the regulations of the district in which said building or Structure is loeated.except as permitted in Section 9-2.02, Subdivision 2, relating to interior si a yar or corner 3ubdiviaion 9. additions and Enlargements side yard setbacks. a. Permitted Use: Anon-conforming building or structure ti+hich is non-conforming as to area, and is designed or intended for a permitted use, shall not be added to or enlarged in any canner unless such additions or enlargements theretfl are sade to conf~~~ Dermitted in all of the regulations of the district in which it Ya located Section 9-2.02, Subdivision 2, relating to interior side yard or corner side_ yard setbacks. All non- oonforming building3or structures, including all additions and Ienlargements ~a~ete, shall oon~irm to this Code. b. lion-eonforniag use: anon-conforming building or structure designed or intended for a nen-aonforaing use say not be added to or enlarged structurally. o. Land: ?he non-conforming use of land,-sot involving a building or atruature, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be ezpanded, intensified or eztended beyond the area it occupies. Subdivimioa 1p. iielooation of Building or Structure 3 a. File an application for a permit within b0 days of the sowing date with the ter providing the following information: C er 's O ice 1. Location on which structure or building is being loved from; 2. Location within Falcon Seights to xhioh the building or structure is being moved; 3. Construotion plans for the building, if available; 4. The site plan for the location in Falcon Heights upon trhioh the building or atruetura is going to be placed; Mhenever an eziatiag building la to be sowed tros its present loaatioa to a looation within the City of Palaon Beights, the person or business asaooiation proposing to cove said structure should that oosply with the following specific requirements: o the Clerk's ffice 5. Plans and space which shall iaolude the foundation; ezterior repairs sad improvements,inoluding ~rindows and doors; roofing, electrical and plumbing aodifioationa; beating systems; and. any necessary interior reeonstruotion or decorating, all to be in aecordaace with applicable building codes and which-shall indicate that the structure once sowed shall be in reasonable conformance with surrounding property including but not limited to sodding, grading and planting. and nt of r fired fee as sti lated b. Upon presentation of this applioatio in Section tr:~C-xtttr-ttt~-t1-~rk- to defray coats incurred by the 5-14.03 of City in processing the application, inapeoting the building and - doing whatever else is necessary to detersive tihether the building this Code sanforss with or-aan be Bade to oonfors witb eziating codes. If any portion of fihe escrow payment required is sot tiled, the asount ~~ resainiag absll be returned to the petitioner tollowing satiafaetory oospletioa of its (d) following. o. If the City requires an~additional deposit to gnarantes any atrest repairs that say be required following tDe process of wooing the building, deposit aueh amount up to X1,008.00 frith the &lerlE- Clerk's Office lds`#a~~. my caused portion of aueh deposit gill be -returned to the petitioner following satiafaotory ooapletion of item (d) tol lowing . 4 LJ d. Furnish a surety bond to the City in the mount-of are and one-half tines the estimated oosts of resodeling, refurbishing ar otherwise ooastructing or recoaetruotiag auoh building in aooordanoe xith the plans and speoifioations and the City~s building Dods and such bond shall be further ooaditioned that work x111 be eospleted xithin 90 days of issuance of the permit. The bond shall operate in favor of the City and shall hold the City harmless frog any loss or damage by reason of improper or inadequate xork performed by the holder of said license under the provisions of this Code. In addition, the bond shall set forth that the site will be cleaned upsadthatallrubbish, material, eztra fill, dirt, debris sad left over materials shall be removed xithin.l5 days after the building is roved on to the site. Clerk's Office e. Deposit xith Lhe - a Dopy of a oertifioate o! insurance indicating that the petitioner has sufficient insurance to protect the municipality and public tyros any and all da~age xhiah nay result either directly or indirectly frog the sowing of said building. Clerk's Office Upon receipt of the application, the shall inform the building inspector who shall inspect the building a~ be reiabursed for time and travel involved in making such inspection. The City engineer shall determine whether or not drainage of the rev site is feasible and available and in connection therewith say require any appurtenances or new installations all of which shall be at petitioner's expense, The City Council shall review the application sad grant the permit it all of the foregoing requirements have been net and ao long as the Council is satisfied that: 1. The building is not too large to move without endangering persona or property in the City; 2. The building is not is such a state of deterioration or disrepair or is otherwise structurally so unsafe that it could not be moved xithout endangering persona and/or property in the City; 3. The building is sat structurally unsafe or utfit for the purposeforxhiohitisDeingmovedintotheCity. 5 Subdivision it. ltnvironmental. ?he Cit Councily may, tros time to tine, adopt by resolution and reference various perforaance standards pertaining to the environment of Falcon Heights. These nay include, but are not necessarily limited to, various standards and regulations contained in the Metropolitan Development tiuide or as proposed by Lhe Metropolitan Council pertaining to on-site savage disposal sad treatment, protection of air apace navigation, wetlands, solar access protection and others. The City Council may require that eziatiag uses on the date of adoption of this Chapter sball, Within s reasonable length of time, ooaply With all. performance standards, including visual, following a public bearing on the matter. 9-2.0~ Lot Provisions Subdivision 1. -ilestrictioas. I lot of record ~zisting apon the effective date of this Chapter which does not meet the r~equirasents of this Cbapter as to area ar width may be utilised for single family detached dwelling purposes provided it is coned residential and the measurements of such area~or width are within aizty siz and two thirds 66 2/3f) percent of the requirements of this Chapter, but said lot of record shall not be more intensively developed unless cosbined with one 1) or more abutting lots or portions thereof so as to create a Iot meeting the requirements of this Chapter. Subdivision 2. P.U.D. Ezeept in the ease of Planned Unit Developments a9 provided for hereinafter, not sore than one principal building shall be located on a lot. 9-2.04 ~oesso Build s sad Structures Subdivision 1. tieneral P'~~ ~:i a. ~lio accessory building shall-be constructed on a lot prior to the time of oonatruotion of the principal building or land ase to which it is accessory. b. do accessory building shall be considered as an integral part of the principal building if it is located leas thaw twelve (12) feet from the principal building With reopect to firewall and other requireaents of the building node, and this Code. C. Accesso buildi s, other than ar es, on interior lots in a residential district may be located not less than five 5 feet fran a side or rear lot line unless the accessory structure is located in the rear twenty 201 percent aof the lot, in xhich case the can be located not less than one 1 foot from the side or rear lot. line overhangs may not extend into the one 1 foot side or rear yard setback). in a residential district be located not less ve eat ran a si or rear of roes un ass are oca rear twenty 20 ~ percent of the ot, adjacent to an alley and oriented 6 the can be located not less than one (1)-foot from a side or rear lot Iin~ a overhangs may not extend into the one 1 foot side or rear yard fetbacK). Feet•~!'9a- c d. lio acoessory building in a residential district shall eacoeed the height of the principal building. e. Awes sory buildings in the business sad industry districts shall be located any place to the rear of the principal building, aub~ect to the Building Code, and the fire zone regulations. f. No detached garages or other accessory btiildiag•ahall be located wearer the !front blot line than the principal building oa that lot. g. !io accessory building in a business or industrial district shall exceed the height of the principal building swept by conditional use permit. h. In accessory building in the business or ialustrial districts may be located xithin the rear yard setback, provided that the lot is not a through lot and said accessory building does not occupy more than 25x of the required rear yard. ~n accessory building shall be a part of the principal building if it is located less thaw twelve (12) feet from the principal building. loo accessory building shall be located less than ten feet from a rear lot line. i. Utility structures and other similar buildings for the storage of domestic supplies; such structures shall conform to the folloxing standards in Residential Districts: 1. Structures larger than 90 square feet shall require a building permit. Roof loads and wind loads shall conform to requiremeata !or a private garage as contained is the city building node. 2. til such structures shall be seciae !~ yind diaplaoesent. 3. The area of such buildings shall not be leas than thirty-live (35) square feet. Only me snohbuilding shall be permitted per lot sad permitted only within the single family districts. The height of detached building shall not .exceed twelve 12) feet. If attached, the atruatare sbail mot ezoeed the height of the principal building. e.~a l!rl~iu~ s /~~ n~ Q r 1 ~ ~ ' 4 1 L~ 5. Bzterior colors or sateriala satohiag the principalstructureorearthentonesshallbeutilised. Yo door or other soeess opening in a utility structure shall ezoeed twenty-eight (28} square feet in area. Subdiviaioa 2. Specific. a. Dwelling Unit: No accessory building or structure shall be used tar living purposes or as a dwelling unit.. b. •rea: lio detached accessory building or buildings shall occupy more than of the area oP a required yard.thirty-five percent .() ,~, , o. Minianm~ Clearance: The ainisum distance between thepincipal building and as unattached accessory building shall be five feet. d. Through iAt: The ninisum setback fr~as the rear street or alleylineofathroughlotshallbethirty (30} feet. e. Corner Lots: The required setbacks shall apply to all types. of corner lots as well sad -auah aoeessory~building6 shall also adhere to any front or aide yard setbacks as nay be applicable to any principle building on such lots Prom both streets. f. Tents: A tent is not 8n approved accessory building and say: not be used as a dwelling unit on any lot. 9-2.05 Reciuired Tards and Open Spaces Subdivision 1. Szisting: lio yards, acv or hereafter provided fora building eziating on the effective date of fihie Code shall subsequently be reduced ~belov, or further reduced if already leas than, the siniaHs yard requiresents of thin Code for equivalent new oonstruetion is any sone. Subdivision 2. fersitted Encroachments ~n Asguired lards: ~he- following shall ~be persittsd enoroaohmenta into -setback a~ beight requiresents except as restricted by other sections of th3a Code. a. In nay yards: ~poate, aft street -parking, flues, sills, pilasters, lintels, oornicea,•eavea (up to three (3} feet}, Suffers,-avninga, open terraoea,•atepa, sidewalks,-essential services, stoops, ar sisilar features provided they do not eitead lire (5) feet above the height oP the principal structure ~or to a distance lees than three 3 } test Eros any -lot line nor lean tbaa one 11 } tool tl~oa any esiating or proposed driveway; yard lights and aaaeplate sisns, 8 r1 Lrees, shrubs, plants; floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas, or yard for safety and security reasons, provided the direct source of light is not visible from the public right of xay or ad~aoent residential property. Further no deck, exposed ramps (xheelchair), uceovered porch, or air ooaditioner, shall De less than five (5) feet from a side or rear yard line, and if in a front yard, a variance shall be required. Chimneys, flag poles and open fire escapes may not extend more than five (5) feet above the principal structure or three (3) feet from any lot line. b. Iaaide sad rear yards, fences thirty percent (303) open with respect to air movement; xalle sad badges six (b) feet in height or leas; bays not to exceed a depth of three (3) feet or containing an Brea of more thaw thirty (30) square teat, tine escapes not to exceed a tridth of three {3) feet. c. On a corner lot; nothing shall be placed or alloxed to grox in ouch a manner as materially to impede vision betxeen a height of txo and one half (2 1/2) and tea (10) feet above the centerline gradesoftheintersectingstreetsxithinatriangularareathirty (30) feet from the intersecting street right of xay ].fines. d. In no event shall off street parking, structures of any type,buildings, or other improvements cover more than seventy five pe rvent (75x) of the lot areas. In no event shall the landscapedportionofthelotbelessthantxentyfivepercent (25x) of the entire lot as a result of permitted encroachments. 9-2.4b Fences S~dlvision 1. Fences may be alloxed in say sons sad are subfeet to the tolloxing: a. gll fences shall be tept la Sood repair, painted, trued asd well maintained. In the event a front yard fence is ad~aosat to and parallel With the front lot line (or aide lot lime oa the street aide of a earner lot), such fence shall be set-back at least one 1) toot i~rom the street 8/Y or property line. b. Solid xalle is excess of aiz (b) feet above adsacffit Sround grades shall be prohibited. o. ?hat aide of the fence ooasidersd to be the face lfinfished side as opposed to structural supports) shall face abutting property. 9 lj' Coa~snt - ,;gouda Item: F~ Pal~cy,.,,,CITY OF TJILCON BELTS Msstittg Date : 5 /9 /89 tEtKTEST TOA CCRII~ICIL CONSxDERA1T~ ~ ~ ITEM`~ESCRIYTION: i MSA 5 Year Construction Program SU~IiTTED 31Y: Terry Maurer jtEVIEWED $Y: Jan Wiesner ffiFLtU9ATIEMi/SL~+II~ARY (attach, additio~l s3aets as ~ece~srP~: Attachment: 1. Maurer correspondence MNDOT re wires that the Ci su a Y r ontbmit5eaCstruct oa-Y3an-eve .three ears.q y ~ ~ y Terry Maurer has prepared a draft plan. They:..wil.l aot hold the City to 'this plan. I~TIflN REQRIISSTID: Approve 5 Year Construction Program+ as recon~ended by T.' Maurer. V / ~' b y APR 2 4' t~NSULTING ENGINEERS Maier Stewart & Associates Inc. April 21, 1989 File No: 330-000-00 Municipal State Aid Ms. Jan Wiessner Administrator City of Falcon Heights c0'. W. Larpenteur Avenue Falcon Heights, MN 55113 RE: Municipal State Aid 5-Year Construction Plan Dear Ms. Wiessner: After our recent discussion regarding the Municipal' State ~-id requirementfora5-year construction plan, I have revised. the construction years on thattachedplanforyourconsideration. In preparing this, I listed the MSAstreetswhichwereinthemostneedofupgradingaccordingtotheStreetandAlleyEvaluation, August, 1988. The cost estimate and project description.are from the Municipal State Aid Needs Study and are not necessarilyreflectiveofthetypeofimprovementtheCitywouldundertakeintheseareas. As I explained earlier, the plan must be approved by the City Council andthensubmittedtoMnDOT. However, MnDOT will not hold the City to this planeitherintheprojectslistedorthedescriptionofeachproject. Theysimplywantcities *o be planning to utilize their MSA allotment and not letit ~accumul ate. If you have any questions regarding rhis, please call. Sincerely, MAIER STEW-A~RT AND ASSOCIATES, INC. 6~'~'~/G?.le%X~ Terry: Maurer, ?.E. TJM/km attch. 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612-774-6021 MUNICIPAL STATE-AID STREET SYSTE:S S-Year Construction Program For Falcon Heights State Aid Expenditures Curly) vEw~ Present State Aid Construction Balance September 1, 1988 . $ 106,253 sti^zated Annual Construction Allotment $ 90,474 X 4 = $ 361,896 3stimated Tetal State Aid Allotment for Programming Purposes $ 468,149 ESTI.L~T~D EXP.`~DIT`~EES Year Estimated of State Aid. xnenditure Terslini Project Description Expenditure on Albert Avenue Reconstruct street to a 1990 Fron Lar enteur Avenue 36' wide urban section To arden Avenue with two travel lanes 175,000 Lenth 0.25 miles and one parking lane on Arona Avenue Reconstruct street to a 1991 iron rawford Avenue 36' wide urban section To .Carden Avenue with two travel lanes 12.0?000 Length mt1P~and one parking lane on Arona Avenue Reconstruct street to a 1992 From ;arden Avenue 36' wide urban section To Roselawn Avenue with two travel lanes 175„000 Length 0.25 miles and one parking lane C+n From To Length On Fro*.z To Length On From To Length W»_, -_ ,r i. Con ent____,__ Agenda..Item F-6 pol tyr X CITY. OF lALGOt1 SEIAI?S Meeting Date:S/9/89 SE~tTEST , !~ CptD1CIL COBSIDBBA3 2TEM BESCRIPTI~I Community Park $uilding Reconstrudticm St~tI4"TBD ~: Carol Kriegier REVIL~fiF.D BYs Jana. Wiesner ATIOI~/Stll~tlRY (attach addtionsl sleets ss ae): The "Celebrate Minnesota 1990" Grant Agreemea~t stipulates that the Cometunity Park Building reconstruction 'project be lco~leted by December 31, 1989. In order to comply with this schedule, it its suggested that we begin to set in motion he process of hiring an architect[. Although our needs assessment and park master plans are not yet complete., it is possible and in our best interests to begin this process, so thak an architectural firm could be hired and available to begin work upon co~opletion of our park master plans. Upon completion of our.park..master plans, an architect ;will' then have all the. necessary information needed to ~eosiplete the potential drawings and designs. Compliance with the.attache~l timelines should enable us to etimplete the proposed`_reconstruction project in a timely and efficient masmer. ACIItf~t ~~=, We recommend that a Request for proposals (RFP} be prepared by staff (with input. from Park and Recreation Commisuion)'and_sent to architectural firms {see attached proposed RFP.process and content) O 1ti s r REQUEST FOR PROPOSALS TIME LINE May 8 Request for Proposals finalized at Park and Recreation Commission meeting. May 10 Request for Proposals to be sent to architectural firms. May 30 Proposals will be asked to be submitted. PROPOSAL REVIEW - May 31 - June 5 Proposals reviewed by staff and Park and Recreation Commission. June 5 At special Park and Recreation. Commission meeting, decide on firms to be interviewed. June 12-15 Interview Scheduled. June 28 Park and Recreation Commission makes recommendation at City Council meeting. REQUEST FOR PROPOSAL Staff and Park and Recreation Commission will prepare a Request for Proposals which will ask interested architectural firms to submit proposals for architectural services for the reconstruction of the Community Park Building. It is recommended that the RFP include the following: 1. The name of the architectural firm. 2. The names and qualifications of the personnel. 3. A list of projects completed which are similar in nature. 4. Provide an outline for the scope of the following services: Programming Schematic Design Design Development Construction Documents Bidding Construction Observation 5. A suggested timeline for the proposed services. (An indication whether they will be able to complete drawings and design between July 1 and August 25 (6-8 weeks)). OTHER ITEMS OF INTEREST RELATED TO THE PROJECT: Approximately 350 park facility surveys have been returned. Tabulation and analysis of the surveys is expected to take place between May 8 and May 24. The first public meeting concerning. the comprehensive park plan has been scheduled for Wednesday, May 31. It is suggested that public notice and advertisement for construction bids occur by about August 25, 1989. It is hoped that bids be received and approved by September 27. Actual construction is planned to occur between October 1 and December 31, 1989. h~Y 05 '89 13 17 JENSEN HICKEN GEDI~ SOUCIE P.A. jENS~N, HICKEN, GPDDE ~ SOUC~E, P. A. ATf01tNEY3 AND COVNSELOkS A? LAW 300 ANOxA OFFICE CENTFA 11b0 T1itRD AvBNUa ANOxA, iIiNNESOTA 'Sb303~2298 BOCx, EDWARD A.,)R. svcxu~t, Josh T. GEDDE, TIiOaiwS A. GAOVBA,BETH H. kI1CKEN, JEFFREY i. fiOWA1tD, AOBBEI' A. JENiSBN, DAVlb L. icAT?1CL~.lAUL E. acrnrr, >+ilCZSwBL j. SOUCIE, FRED M• TFLElBONE ($12) 4Zi^4110 TELECATIER (B1Y) 4Ai-1040 MEMORANDUM TO: FROM: DATE: RE: Falcon Heights City Council Paul E. Mattke May 5, 1989 P.2i3 or courtsaL HADLFY, CtiwltLas S• LU7KER, a:ICIS/IAD L. Assessable Amount of Public Improvement Project Special assessments for local improvements are intended to reflect the influence of such improvements upon the value of property assessed. Under Minnesota case law, the measure of that influence is the increase in market value of the propertyresultingfromtheimprovement. The property owner has the. right to appeal special assessments if (s)he takes the appropriate preliminary steps, consisting of making a written objection to the assessment data at or before the time of the assessment hearing and appealing the assessment by serving upon the City notice of appeal within 30 days of the adoptionoftheassessmentandfilingthatnoticewiththedistrict court within 10 days after service upon the City. .The court would take new evidence on the increase in value to the property which resulted from the .improvement. Traditionally., cities have calculated the amount to be assessed by Bpreadi~g the cost of the improvement over the properties benefited, usually based on same kind of formula such as front footage for roadways and sidewalks, per unit for sewer and water service, or proportionate area for drainageprojects. Caution must be exercised in the use of such formulas since they don't necessarily bear any rElatfon to the increase in market value to the property as a result of the project. Currently the City is considering how to assess for improvements to Hamline Avenue. A large part of°the projectistobepaidwithfundsfromtheCounty~State Aid Highway MAY 05 '89 1.3.18 JENSEN HICKEN GEDDE SOUCIE P.A. Memo to Falcon Heights City Council Page x May 5, 1989 Fund. The question was raised whether under suchcircumstances, the City could assess more than the totalamountwhichitcontributestotheproject. Minn. Stat.,429.051 states, P.3i3 The cost of .any improvement, or any part thereof, may beaseescseduponpropertybenefitedbytheimprovement,based upon the benefits received, whether or not thepropertyabutsontheimprovementsandwhetherornot anypartofthecostoftheimprovementispaidfromtheCountyStateAidHighwayFund, the Municipal state AidStreetFund, or the Trunk Highway Fund.• That appears to answer the question. hssessments higher thanthemunicipality~s Costs, based upon that provision, were..upheld in the case, a~, Re ~~+~k, ~ in ,,Street, 279 Minn. 193, 155 n~ N.W. 2d 905 {1968). In conclusion, the City should considerwhatthemarketvalueincreaseswillbetothepropertiestobeassessed, and may assess up to that amount, but no more,whether that amount is greater Qr lesser than the total amountpaidtowardtheprojectcostsbytheCity. PEM/jsc l u CoASSnt wgenda Itea: F-8 Policy~_CITa! OF lALCdN BEICflTS lisetiag Date: 5/9/89 1EQLTEST CODICIL CONSZDEitXS~ph ITII~I DESCRIPTION: SgLLD WASTE COMMISSION RESOLUTION RELATING Tp CONTINUATION OFCURBSIDERECYCLINGAND: RELATED ITEMS- - SD>IlII~'TED SY: Sfll id Waste Commission a iIENED 8Y: _ shiriey Chenoweth r 7.A_-__T'I4A/CRY (attach sdditioaal slaaets as aece~lsarp); . Asa result of the announcement what Superc~-cle is goingoutofbusinessatthe .:end of May, Ramsey Cpunty EnvironmentalHealthheld `an emergency meeting for Recycling CoordinatorsonMay3rd. At the meeting the County assured us thancurbsidepickupwill- continue uninterrupted, through Julyof1989 (county funded) after which the mun~,cipality must-have a plan in place. They also anticipate continuing the grant'p~ogram beyond1990. and are requesting. additional grant finding to coverincreasedpickupservice..costs for the rema$nder of 19:89.Supercycle`smethod of financing - minimal charge forservice -t$:30 per households and depending can the saleofrecyciables, has led to their downfall. °New contractswillbemore .expensive -possibly $.90 to-$1.50'per household.. Rob Fulton, Ramsey County Environmental eealth, urgedusto "GET MOVING IMMEDIATELY" with RFPs and negotiationswithhaulers... A representative of the `Minnesota WasteAssociationinformedthegroupthatthereaxlerefusehaulers'equipped and -ready to go.. In fact, several. ;haulers.. havealreadycontactedusregardingpossiblecontracts. At the Solid Waste meeting last night the Commission discussedthematteratlengthandunanimouslyapproveidthe .attachedresolutionrequestingCouncii'support of their proposedendeavors. In addition to the projects li ted in the resolution.,the Commission .-will soon. be-addressing long term fundingofcollection, and possible amendment of theaMunicipalCodetoprovideguidelinesforyardwaste,co~npostng.At the present the Code could be interprete~3 to .considercompostingapublic. nuisance.) t. 2 - The Commission also approved an expenditure of up to $600.00 forbins ($1,200 was budgeted for this purpose in 1989) which will beofferedforsaletoresidentsatcost, and as prizes for twicemonthlyrecyclingdrawings. Attachments: a) Solid Waste Commission Resolution b) Brief summary of possible options which precipitatedahe Commission's actionc) Copy of Section 5-4.01, Subd. 8, of the Coded) Copy of Section 8-1.01, Subd. 2 (Blight), and 8-2.10(b) (Emissions) RECOPQiENDAT I0N Authorize preparation and issuance of RFP for curbside collection. TTC NTA LJ CITY OF FALCON HEIGHTS SOLID WASTE RESOLUTION Date.: May 4, 1989. WHEREAS, the Ramsey County Environmental Aealth Department has informed us that the City must have a Curbside RecyclingServiceContractinplacebyAugust1,.1989 if the service is to continue, and WHEREAS, the Falcon Heights Solid Waste Commission realizes immediate action must be taken to provide. continued interruptedservicebeyondJuly, 1990, NOW, THEREFORE, BE IT RESOLVED, that the City Council be requested to authorize. the Solid Waste Commission to prepare and issue RFPs to qualified refuse haulers for curbside recycling collection, such proposals to be due on or before June 10, 1989. The Commission also requests Council's support of the Commission's plan to pursue integrated or organized collection and amendment of the present Municipal Code (Section 5-4.01, Subd. 8 -.Licensing Procedures for Refuse Haulers) to require all haulers to have the ability to provide curbside recycling service the proposed amendment to be in place for renewal of 1990 licenses (January 1, 1990) . The motion for this Resolution was moved by Wray and seconded by Misra and upon a vote being taken, carried unanimously. Laura Kuettel, Secretary ATTACHMENT B i• SOME OPTIONS t I~ License requirement that all refuse haulers provide recyclingservice RFP to haulers immediately Joint contract with other communities for recycling Aave county contract with haulers---they would need allcommunitiestoagreetoparticipate. {County is not keenonthisoption) organized collection zoned collection funding - county will probably continue grant programafter1990, assessment for solid waste will beincreased go on our .own - bill for pick-up with utilitybilling ; being a small community may be fn our favor Several haulers have indicated they could fit Falcon.Beightsintotheirschedules ATTACHMENT C MDNICIPAL TION i I.T~ 5-4.01 B~iidivisicn 7. i•i ~*+~ e.~+,i ~ I~lo person shall ooslect refinse without a license to do so as required by this section. Subdivision 8. p_rnae8~es. 11ny person desiring a license to a~llet:t refuse in the Cityy s~hall asks app~].iastian for the ~e®e to the clerk.Trie application shall set forth: a. The name and address of the applicant= b. ~ list of the equipment which she/he proposes to we in e:ch collection: c. The kind of collection service available, f.e. Mhether the applicant ie willing to collect refuse from a~mercial or residential customers in the City or both: ~d d.' b~ch other information as the cau:cil any zeasonahly zequire by .resolution. In addition to the application, the applicaent shall file tdth the clerk a surety bond in the amount of X1,000 running to the City, o~ditioned that be,/she will faithfully provide the refuse vollecti,on service specified in his/her application under the conditions isposed by the City and that the City will be sawed harmless from any loss, damage, cost or expense by reason of any collection service performed by the holder of the license or his/her agents or employees. The applicantshallalsofilewiththeclerkcertificatesofinsuranceorcopiesof public liability and property insurance policies containing a provision that they shall not be cancelled without 10 days notice to the clerk, showing coverage of not less than $50,000 for injuries. including accidental death to any one person and subject to the same limit for each person, in an amount of not less than $100,000 on account of any one accident, and property damage insurance in an amount of not less than $25,000. The application and acooapanying doctaients shall be submitted to the pouncil for approval, and if a~pli®tion is aQproved by the council, the clerk shall issue the license utpon pnyaent of a license flee in the a:aota:t of 850.00 per vehicle. Po license 3ssoed hereunder aball be for a longer period than one pear, and all licenses shall aspire oa Jt~e 30 of each pear. Subdivision 9. ~soEnsion or Revocation. 1111 such licenses shall be s~jeet to suspension or revocation by the Council for just aevse. ~hst' cause includes but is not limited to failure to provide adequate public service, failure to maintain health and sanitation requirements, failure to operate and saintain proper equipment, or failure to oo~ly vitb this or any other section adopted by the co~u~cil. 9 nsArx~s ~ tiu~r, aooF.s e-i. of 8. rAUS~es, c~urm~m~. aouFS, ors 14t~D REQJIATI~N ~' ARET~S PART 1. NiTISAI4:ES - BLIGEC' OR BT~IGE~II~ FAQ~QtS 8-1.01 EaLSes of ~; aht or ~ , a}~~S gactors It is hereby determined that the. uses, structures and activities and causes of blight or blighting factors described herein, if alhow~ed toexist, will tend to result in blighted and undesirable neighborhoods so es to be harmful to the public welfare, health and safety. On and aftertheeffectivedateofthissectionnoperson, firm or aorposation of anykindshallmaintainorpermittobemaintainedanyofthesecausesof blight or blighting factors upon any property in the City oared, leased,rented or oowpied by such person, firm or oorporati~on. 6ubdivision 1. ~nera~lp yrechicles. In any area 7Dned for residential purposes, the storage upon any property of inoperablevehiclesisillegal. Pbz the purpose of this section, the term inoperable vehicle" shall include any uetor vehicle, part of a moor ' vehicle, not stozed in a garage, which is either (a) unuseable or inoperable because of lack of, or defects in ca~oneit parts; or (b) unuseable or inoperable because of dairage from collision, deterioration, or having been cannibalized; or (c) beyond repair and therefor not intended for future use as a motor vehicle; or (d) being perked on anystreet, alley, or boulevard for a period exceeding 48 crosecutiv+e hours; or (e) without valid and current license plates issues by the proper state agency attached thereto. ScQCial Permits. The City Council in its discretion, upon receipt of an application showing hardship in special circumstances may in the instance of an inoperable vehicle issue a special permit with a~pporpriate conditions attached permitting an individual to keep such vehicle foz a period of not to exceed sixty (60) days. 8~ctivision 2. 3udc. Trash. ~~~~h arx] Refcee= In any area within the City the storage or aocum~ilation of junk, trash, rubbish or refuse of any kind, e:oept refuse stozer3 in such a aaru~er as not to create a nuisance for a period not to exceed thirty p0) days is illegal. zt,e term • junk' sha11 include parts of aachinery or actor oebicl~, caused staves or other appliances stored in the open, remnants of good, decayed, Meathezed or broken construction materials no .longer suitable for safe, approved building materials, a~tal or any other arterial or cast off material of any kind whether oz not the same could be put to any reasonable use. 1 1~TI5~S ~ t~I+IIt~L ~:S 8-2.05 to 2.10 greater than six ind~es or which gave gone or are about to go to ~,fallen trees, fallen tree limbs, dead trees, dead tree limos, dead animals, or any other foul or unhealthy sitter or other condition on theprenfses. 8-2.06 No person shall cell, offer for sale or have or keep in his/tsrpossessionwdthintenttosell, barter, oz give away, any seat. fish,oyster, bfr~d, fowl, vegetable, fruit or other provisions or article offoodordrinkforhumanuseorconsumptionthatconsistsinMholeorin any part of any adulterated, filthy, deoong~oeed or putrid aninel or vegetable substance or which are decayed or unfit or unsafe for use asfoodordrinkfor,lxsar- consu~tion. s-z. o~ lib person shall iCna~wingly own or possess any aniaai wdth a contagious orinfectiousdiseaseunlessBachanimalisendertheDareortseat~ent of a licensed veterinarian. 8-2.08 Dead Animals No person having charge of any animal at the time of i fail to reirove or cause to remove the dead body of su twenty-four (24) hours after its death to a crematory, fill, rendering factory or any other person or place ' or authorized by law to dispose of said dead animal. 8-2.09 Dist_*i_~~ion of Samales of te~cines ~r nn~ is death shall ch animal within sanitary land- 1n the business of Pb person shall distribute any samples of any sedicine or drug normallysoldatapharmacyunlesssucheaaQlesareplacedinthehandsofan adult person. 8-2: i0 ~sj,Q~, No person shall souse, suffer or allow to be smitted into the open air any foreign materials such as dust. gases, fuses, vapors, smoi~es and odors in quantities which, b-y reason of their objectionable properties,shall be considered a nuisance because they dD one or m~e of the following: C~ 6 I~SANCES ~ CRINIII~L ODES 82.10 to 2.14 a. Injure, or are sufficient to injure, the health or safety of anypersonorthepublic. b. Create an obnoxious odor in the atmosphere. c. Cause damage to property or inaorn~ertienoe to the general public. d. Create a nuisance or hazard by cbeauictg vision. e. Have a deleterious effect upon trees, plants or other forms ofvegetation. 8-2.11 No person shall injure or destroy in or upon, or~remove or cmrry awayfrom, any plot of ground lawfully used as a garden any seed, plant,flower, fruit, berry or vegetable, or product thereof not to hi~q/her belonging, and withart permission to dD so from the lawful owner or produoEr thereof. 8-2.12 Bad~p,~ P?~ye rs ~*~ Ot~ r Dev ~ ors No person shall play, use or operate any radio reoeivirg set, tape player, nusical instrument, phonograph or other machine or device from which sound may emanate in such ~ranner as to disturb the peace, quietandoamfortofanotherperson. 8-2.13 ~isruot? n_a or I ~ ng t-?e ~fe Operation of ~~ ~ cl es of Puh> i c mnvey,~y,~ No person shall, while in or on a public conveyance, use or operate a radio, tape player or other electronic device (exvept a radio operatedbythepersonnelofthepublicconveyanceforofficialbusiness), or litter, or consume food or beverages, or take any action which disrupts or impedes the safe operation of the p~lic soave As used herein, `public conveyanoe• means any. actor vehicle t~ transportsmembersofthepublicatlargefromplacetop1.a~oe in consideration of the payment of a fare. 8-2.14 I~loise or Odors No person, 3n any public or private pl~e, shall make, or assist in making, by aeiy manner or means, any loud, tsipleasant or raucous noise or odor disturbing to others, toilers the same be reasonably necessary to the pceservatian of life, health, safety or property. c~ 7 IT8l~1 DESCRIP?It~l: Sexual harassment Policy US~iITTID 87f: Carol Carlson EVIb"iJED BYs Jan Wiessner Human Rights Commission _ City F~pioyees I.ANATIaA/Si~~IARY tattsch sddtional sheets as aece~sr~): e cities of Roseville, Golden Valley, Maplewood and Minnetonka were contacted regard- ng sexual harassment policies. Ramsey County's policy wits also reviewed as well asnformationreceived .from the League of `Minnesota Cities. e proposed .policy-(attached) addresses the issues of: What,is..harassment The standard language in the law was used as,tl~e definition Who the policy applies to - Baaed on the State Human Rights Commission, the city has less exposure and liability if the policy covers ALL city employees and officials; and everyone receives a-copy of the policy and signs a statement that hejshe has read it. Whq a policy-is necessary - The palicy statement covers the need to provide a work environment that is free from intimidation .and harassment. flow to investigate the-complainC - In all policies reviewed, the City Administrator {Manager) or'hisjher designee, or Perso~el Director is responsible for the investigation. The policy establishes tmeframes, etc. The policy ..also provides for actions n the. event-the complaint is against the City Admitgistrator or a member of the City Council. Also identf~;ed is the City`Admin- istrator's responsibility in`the evheat-.the:.complaint is against anon-employee. e polieg was reviewed with the Falcoa Heights Human,Righ~ts Commission an April-20th d the Commission..went on record in support of the policyt. Cfty employees have also d the opportunity o review and make comments. CTION REQUESTED: -- ~ ~'- A~option of the .Sexual Harassment Policy sled anendaa~ent of Section 2-2.12 of `the Code.s. F~1 h~~~l ~ Z-L'r!~'~~ SEXUAZ HARASSMENT POLICY Statement of Policy Applicability. This sexual. harassment policy applies to all officials and employees of the City of Falcon Heights, including full and part time employees, elected and appointed officials, permanent and temporary employees, employees covered or exempted .from personnel rules or regulations, and employees under contract. General Sexual harassment by State and Fede a work place free Sexual harassment stress, adversely work performance. is a form of sex discrimination prohibited ral Statutes. Employees have the right to of verbal and/or physical sexual harassment. demeans individuals, creates unacceptable affects morale, and interferes with effective The city will not tolerate sexual harassment of its employees by anyone - supervisors, other employees, officials or citizens. Further, the city will .not tolerate sexual harassment of other individuals by its employees or its officials. .Persons harassing others will be disciplined promptly and firmly. All personnel must become familiar with this policy and comply with it. efinition exual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or communication of asexual nature when: 1. submission to such. conduct is made either explicitly or implicitly a term of condition of employment or public. service;. 2. submission to or rejection of such conduct by an employee is used as the basis for employment decisions such as promotion, assignment, demotion, discipline, or discharge; 3. such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment; and the city knows or should know of the existence of the harassment and fails to take timely and appropriate. action. Sexual harassment can include but is .not limited to the following: 1. Unwelcome or unwanted sexual advances. This means touching, patting, pinching, brushing up against, hugging, cornering, blocking, kissing, fondling or any other similar physical contact considered unacceptable by another individual. 2. Verbal abuse. This means kidding, or comments that are sexually-oriented and considered unacceptable by another individual. This includes commenting about an individual's body or appearance where such comments go beyond mere courtesy, telling. "dirty jokes", and making. derogatory remarks, or any other tasteless,. sexually oriented comments, innuendos or actions that offend others. 3. Requests or demands for sexual favors: This includes subtleorobviousexpectations, pressures or requests for any typeofsexualfavor, along with an implied or specific promise offavorabletreatment (or negative consequence) concerning one's urrent or future job. 4. Visual forms of harassment. This means posters, letters,.poems, graffiti, cartoons, drawings, and pictures or objectsofnude, suggestively posed or scanitly clothed women or menwhicharenotappropriatetotheworkplace.. Reporting Procedure. Victims of alleged sexual .harassment and third persons withknowledgeorbeliefofconductconstitutingsexualharassmentareencouragedtoreportittotheirsupervisor, the City AdministratorortheMayor. A supervisor or department director, upon receivingsuchreport, must forward the same in confidence to the CityAdministratorwithin48hours.. The supervisor or is to performnoscreeningorinvestigationfunction. If any other employeeorofficialofthecitydirectlyreceivescomplaints, orallyorinwriting, from a victim of alleged sexual harassment, theemployeemustimmediatelyforwardthesecomplaintstotheCityAdministratorordirecttheallegedvictim(s) to report the.incident to the City Administrator. Failure of any supervisororotherstafftoforwardanyreportofallegedsexualharassmenttotheappropriatepersonwillresultindisciplineconsistentwiththetermsofanyapplicableagreement, individual contract,statute, or city personnel policies. nvest ation and Recommendation Upon receiving any report alleging sexual harassment, the CityAdministratorwillconductaninvestigationandprepareawrittenreport. within ten (10) working days, if practicable. In determiningwhetherallegedconductconstitutessexualharassment, the CityAdministratorwilllookatthenatureofthesexualadvancesandthecontextinwhichtheallegedincidentsoccurred.. An alleged victim(s) may have a staff person of the same genderpresentduringallcontactswiththeCityAdministrator. Consistent with the terms of applicable agreements, statutes,or city personnel policies, the city will discipline any individualwhoretaliatesagainstanypersonwhotestifies, assists or participates in any manner in any sexual .harassment. A retaliationincludes, .but is not limited to any form of intimidation, reprisalorharassment. Pending completion of the investigation, the City Administrator may take any. action necessary to protect .the alleged victim,other employees, or citizens consistent with the requirementsofapplicableagreements, statutes, and city personnel policies. t,~ .~ I c,- Consistent with requirements of applicable agreements, statutes d city personnel policies, the City Administrator within ten 0) working days will take such action as he/she deems. necessary and make recommendations to the City Council which are appropriate including termination to end sexual harassment found to exist. When the City Administrator is perceived to be the cause of a sexual harassment incident, the investigator shall be appointed by the .Mayor. The report shall be presented by the Mayor to the City Council. If the City Council determines the complaint to be founded, it may discipline the City Administrator consistent with its authority under statutes, city personnel policies, ordinances, and agreements. If the alleged complaint is against an elected or appointed official, the City Council may discipline the individual in whatever manner it seems appropriate, consistent with its authority under state law, and city ordinances and resolutions. In cases where sexual harassment is committed by a non-employee. against a city employee in the workplace, the City Administrator will take all lawful steps to ensure that the sexual harassment. is brought to an immediate end. r Ccnssnt Agenda It~a: F-10 policy CITY OF TALCt1N 8£I6BTS lestiag Dates 5/9/89 S~EST F~ COUb1CIL COgiSIDBRA~'ION ITS!! DESCRIPTION: Planning .Staff Request StJffi~4ITTEA DYY: San Wiessner` RE9IE~ED'BF: ~ Planning Commission, 5/1J69 ATLOIijStlldllA,RY {attach additioaai •beets as aecs~sa~): he Planning Commission has requested hat the current. staffing of planning issues bere~-evaluated. The CiCy's past practice has been to hires consulting planners formayorprojectsonanas-needed basis and get by with clefrical support directing agendaitemstothePlanning :Commission for routine. review. Several changes have occurred in recent.years affecting ±the staffing level needs-including: 1. An'increased likelihood that planning issues wih ~,iind up `in court requiresmorecarefuldocumentationofissues.. 2. State laws have placed more requirements on proeed~iral factors in the planningprocess.~ 3. Planning Commission and City Council members are busy, professional people andconcernedaboutspending-their time wisely.4.' City clericaY and Professional staff lack professional planning training re-quired to .provide. adequate planning direction. 5. Sporadic. use of professional consulting planners his led to a situation where mare effort seems to go into putting out fires.and;solvng problems started in years past than preventing problems by engaging in: meaningful •'plannngoactivities. I concur with the Planning Commission that. there is room fora...improvement in this area. Some of the alternatives considered to improve the situaiian included the-following: l.' Increase the-involvement of an existing staff memblr in the planning function..2. Use student .interns. 3.' Hire consultingplanner. ' 4. Hire a dart-time professional staff planner. 5. Contract with another City to share a professional^planner's time. f f . RBCOMMENDATION: After weighing the pros and cons of each option (particularly the ae+e~l for continuity,professional training 8nd a reasonable cost) I zeco®en~ that we advertise for apart-time staff planner. It is my understanding that vs aay'be able to find a veli-qualified, experienced professional iatereated in eorki~tg 10-20 Lours per v~eelc 'forapproximatelq $i0-$14jhour. (This is similar to oar met-Lime professional Park andRecreationDirectorposition). Ne_~-ould still have the option to hize ctmsuYting plaaae~rs such as JoLu ttt:aa. et alforspecial..projects and 'majordevelopmeats. ii+e currently have $14.525 budgeted for,professiomal p8 services tar 1989 {$10,000istobeusedforupdatingtheComprehensivePlum.) Ye have spent =ppraa~iaately $2,Si0psofarLhisyear. The annual cost of a planner for 1S Iypura/'tr~eek a $1Zjbour~g9,360.The eafsting budget should be sufficient to cover this flbr,tLis,year. I anticipate. that in the Long run, this position will ealpe us tine and coney by helpingnstoavoidpitfallsandproblemsinherentinplanningimsues. If the Plaiming Commission and City Council approve of this reccsomendation, Isuggestthefollowingprocedureandtimelineforhiring: May l - 7 (1}' Draft Job Description -Staff with-input. from Planning.Comafssion andCarolCarlson. May 7 - 26 {2) Advertise position opening and accept applications -Staff May 7 - Z6 (3) Sereen applications using criteria - Staff y ~ f6) Interview 4-6 finalists - Recomsead Z #iaalists to ~nistrator -Coemittse ~ ~.., . dune 5 - ~5) Check references. iaterviea cad r luelividml Ildmiaistrator June I4 - ~6), krcam~adstioa to Camcil July:3 - #7) Target Starting hate Iu the s~euitime, our Administrata,Klntesn, Carol Carl~soe~~ trill be assigned to help with'she p~~ #unction. p f Cotisent~ /tgenda Ttem: F-. 11 Policy~_CITY OF-PAL~t~N H~I~TS feeling Date: 5 /9 /89 itE~Q1~EST !'Ox C0Uli1CIL ta~SIDERAY~01~ ITEFI DESCRIPTIEIN Schedule Strategic Planning Sessir~n SU~iITTED SY: Jan Wiesner- R~ViBNED HY: ExP'If>t9ATIt1fflSUUlBfltRY ;(attach additional sheets as s~cel~ssry) t Due to conflicts, the strategic planning sessipn previouslp'scheduled" for May,6 was ,cancelled .: •: 4 l~GTION_..~ Schedule a council strategic planning workshop for June 3, 1989, 8-10 A.M. I .. i