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HomeMy WebLinkAboutCCAgenda_88Aug24CITY OF~FALCON HEIGHTS vu1-.~~'~ ~.~:,~ AGENDA AUGUST 24,1988 D: sk ~'~- A. CALL TO ORDER 7:00 P.M. B. ROLL CALL• P.CHENOWETH _ BALDWIN ~ WIESSNER WALLIN _ /_ BUSH ~_ CIERNIA S.CHENOWETH -+-f _ ATTORNEY - ~ ENGINEER C. APPROVAL OF MINUTES OF AUGUST 10, 1988: D. PUBLIC HEARINGS: 1. 7:15 P.M. - Hearing on Conditional Use Request from Chico Ferdowsi to Operate a Pool Hall in a B-2 District ACTION: 2.8:-0 O P.M. - Hearing on Delinquent Utility Charges ACTION: E. CO NSENT AGENDA: 1.Disbursements a. General Disbursements through 8/24/88 $74,933.39 Sinking Funds $128,637.64 b. Payroll 8/1/88 - 8/15/88, $10,894.18. c. Statement from Dahlgren, Shardlow ~ Uban through 7/31/88, 1,218.50. d. Statement from Maier, Stewart ~ Associates through 7/23/88,4,143.42. e. Statement from Jensen, Hicken, Gedde & Soucie for July, 1988 2,471.17. Z.Commission Minutes a. Solid Waste Commission Minutes of August 3, 1988. 3.Licenses 4.Sheriff's Report for Ju1~988 Q~" C.61~1I'~c~Atf'hvuv~1v~~.Ld~'fOLrFsit,/ : %. ACTION: air M ~r i F. RE PORTS~E~ S b RECOMMENDATIONS: 1.Consider a N ew S ructure For Community Cable AccesstACTION : __~:~---f--~-'- ~~ ~~ ~-~ ~ d' G /l~ 2.Discuss City Participation in Roseville/Falcon Heights Chamber of Commerce Community Profile ACTION: 3. Reschedule August 31st Budget Workshop ACTION: G. ANNOUNCEMENTS AND UPDATES: H. ADJOURNMENT: ACTION: r~ l MINUTES REGULAR CITY COUNCIL MEETING AUGUST 10, 1988 Baldwin called the meeting to order at 7:00 P.M. ALL MEMBERS PRESENT Wallin, Bush, Cernia, P. Chenoweth, and Baldwin. were Maurer and S. Chenoweth. CONSENT AGENDA APPROVED Also present Council approved the following consent agenda as presented: 1. Fire/Rescue Reports 2. Disbursements a. General Disbursements through August 10, 1988, X45,611.72 b. Payroll 7/16/88 - 7/31/88, X8,672.41 3. Commission Minutes a. Park & Recreation Minutes of July 11, 1988 b. Solid Waste commission Minutes of July 20, 1988 c. Planning Commission Minutes of August 1, 1988 4. Appointment of Joseph Olson to Fire Department 5. Licenses 6. Appointment of Michael Haglund to Solid Waste Commission FEASIBILITY STUDY ON SIGNALIZATION AT LARPENTEUR/PRIOR/GORTNER Baldwin presented background on the previous meetings over the last two and a half years with Hewlett Packard, and the University of Minnesota regarding the traffic hazards at the intersection of Larpenteur/Prior/Gortner, and the fact that the University is~~opposed~the use of any test plot area for realignment of Gortner and,Prior. Council reviewed the feasibility study prepared by Ramsey County (a copy of which is on file in the clerk's office) and discussed the possible options given in that study. In reply to an inquiry from Council members regarding whether or not the University of Minnesota had developed alternate plans as they had suggested might be done, ORLYN MILLER, UNIVERSITY OF MINNESOTA PLANNING, replied that they had prepared no specific plans, but they wanted to improve access from all areas. Baldwin commented on the fact that the University has been considering closing Buford at Cleveland which would add another 1,600 vehicles per day entering and exiting from the remaining open streets. Miller was of the opinion that at least half of the vehicles would funnel to the south not to Gortner. Baldwin stated that any of these proposed changes would impact the City's decision and he was very concerned regarding future University plans which might affect the intersection at Gortner and Larpenteur. MINUTES AUGUST 10, 1988 PAGE 2 DAN SOLER, RAMSEY COUNTY, Project Engineer for the proposedimprovement, indicated he had not heard of the Buford closing,but if so, it would certainly impact the use of Gortner. HeexplainedthatasignaliswarrantedatGortneratthepresenttime; however, a signal at Prior would not be warranted and theCountycouldnotparticipateinthecostofsignalizatibnatPriorandLarpenteur. Miller informed Council that coordinatedsignalizationatPrior/Larpenteur and Gortner/Larpenteur wouldbemostacceptabletotheUniversity. JOE MICHAELS, representing St. Anthony Park District 12, statedtheyareworkingwiththeUniversityonatransitprojectandthatareportwrittenin1978recommendedCarter, Buford andGortnerbeclosed. Gortner would then be replaced and realignedwithanotheraccessgoingthroughtheUniversityfieldtestplots. He felt City Officials should be aware of this 1978 ewpoer._ DON HAMILTON, HEWLETT PACKARD, commented on the many years thattheqhaveparticipatedindiscussionstosolvethesafetyproblem, and explained that their firm is sales oriented andtheywouldbeopposedtoanyplanrequiringtheclosingoftheirdrivewayaccess. In response to an inquiry from Chenoweth, asking whether or notanywrittenreporthadbeenpreparedontheUniversity's standonthesituation, Miller explained that there is no written report, however, it has been reviewed by advisory committeesandpresentedtoCentralAdministrationwhoapprovedtheCommittees' position. Ciernia felt that it was prudent toobtainawrittenresponsefromtheUniversityandinformation onfutureplanspriortoCouncilmakinganqfinaldecisions. COUNCIL APPROVES FEASIBILITY STUDY THROUGH ALTERNATE 3 Ciernia moved approval of the Larpenteur/Gortner/PriorFeasibilityStudystipulatingthatRamseyCounty's recommendedAlternateNo. 3 is also considered the Council's best solutionandthatsolutionwillbepursued. Motion carried unanimously.Council then directed Wiessnex to contsc Sargey Turner,University of Minnesota, to obtain a for s1 response, and tomeetwithhimmanddiscussthesitnaioa.~ Wiessner is also torequestanyin#ormation on the`Uaiversit 's long range plans.The matter will be discussed further at he"August 24, 1988meeting. STATUS REPORT ON HAMLINE ALLEY (SOUTH OF LARPENTEUR RUNNING FROMALBERTTOHAMLINE) Baldwin explained that he had been contacted by several neighbors abutting the alley expressing concern that the tar didnotsetupafterthesealcoatinganddisappointmentinthe general appearance of the alley following reconstruction in1986. Maurer reviewed his letter of August 4, 1988, (a copy ofwhichisonfileintheclerk's office) explaining that in hisopinion, it was economically impossible to tear up the alleyandstartoverandthatthecorrectiveactiontakenprovides thebestoverallsolutiontotheproblem. MINUTES AUGUST 10, 1988 PAGE 3 APPOINTMENT OF E LECTION JUDGES FOR THE SEPTEMBER 13TH PRIMARYANDTHENOVEMBER8THGENERAL .ELECTION Wallin moved to accept the election 3udge roster as presented,which Council approved unanimously. DLSCUSSION OF PUBLIC HEARING PROCESS Baldwin explained that some .discussion had been held regardingpublic .hearings being held by the Planning Commission (hearingsarepresentlyheldbytheCouncil). He felt some advantages ofhavingthehearingsbeforethePlanningCommissionare, (1) itisaninememberCommissionwhichwouldproducemorevariedideas, and (2) the Council hearings are quite often in themiddleofalongagendawheretimeislimited, and then isexpectedtomakeafinaldecisionafterhavingdustheardtheissues. If the Planning Commission conducts the hearing andsetsforthconditions, the Council would have PlanningCommissionminutesforreviewandinthatwaymakeamoreinformeddecision. DAVID BLACK, CHAIRMAN OF THE PLANNING COMMISSION, stated he is generally in favor of holding the public hearings at thePlanningCommissionlevel, however the'Commission wants time-t0talk_it through and set guidelines. He felt it was importantthataffectedpropertyownersbeheardbythePlanningCommissioninorderthattheCommissioncanmakereasonabledecisions- and set proper conditions.. The Planning Commissionwilldiscusstheprocedureatafuturemeeting. ADJOURNMENT The meeting was ad3ourned at 8:35 P.M. Tom Baldwin, Mayor ATTEST: Shirley Chenoweth, .Clerk r August 23, 1988 Addendum to Consent Agenda for August 24, 1988 E. (2b) Planning Commission Minutes of August 22, 1988 LJ r MIIJUTES SPECIAL MEETING OF FALCON HEIGHTS PLANNING COMMISSION .~ AUGUST 22, 1988 Chairman Black called the meeting to order at 7:30 P.*i. Black, Barry, Daykin, Carroll, Grittner, Finegan and Nestingen. AlsopresentwasCouncilLiaisonWallin, and Planner. Malloy. Duncan and Boche. Black reviewed the meeting procedures, conditional use request fromChicoFerdowsi, (Neon Alley), 1550 West Larpenteur Avenue, and requested.clarification in .fire codes from Fire Marshal Iverson. Hr. IversonreviewedhisAugust19, 1988 letter (a copy of which is on file in theofficeoftheAdministrator) which indicated that the proposed businessisachangeofoccupancywhichdoesnot .meet the current building code.He reviewed in detail the interpretation of the current building codeandhowthebuildingcouldberemodeled.' Chico Ferdowsi, Neon Alley, 1550 West Larnenteur, informed the PlanningCommissionthatheintendedtoincreasehisrentalspaceto2,300 squarefeet, have a maximum of 15 pool tables, reviewed his reasons for requestingthehoursofoperationandindicatedhewaswillingtoworkwiththeneighborhoodandcooperateinanywayhecan. Mohsen Piirzai, business partner in the Neon Alley, advised that the businesswillnotbeadark/dingy pool hall but will be a different pool hall concept--a meeting place for the neighborhood. It will have a clean/safe concept;it will be closely monitored with close circuit televisions; it will haveon-premises security guards. There will be chess and baclcgam~n tables forthosewhowishotherentertainmentotherthanpoolalongwithapproximatelyfivearcadegames. Neon lighting will adorn the walls, which. will be for sale. Daniel Kordiak, Building Manager, advised that they will be guttiag the second floor down to the concrete outside walls and would be willing to install whatever is necessary to meet fire and uniform building codes.. Mirzai indicated that in creating the new image they will be attracting all age groups During the day they hope to attract retired persons, 16-20 year olds during early evening hours with the older age group attracted in the evening. He supports being drug free ar.Zd no drinking. This is hisfirstentryintothistypeofbusinessbutdidreviewhisinvolvementin a pool hall establishment in his own neighborhood. Richard and Jan Talbot, 1530 West Idaho, reviewed several problems theyencounteredwhenapreviousbusinessofthistypewaslocatedinthearea. They included: loitering, high intensity lighting in the narking lot infringing into his home, problems with hours of operation and clientele,noise, obsenities in the parking lot and security fears. He requestedspecificconditionsbeplacedontheapprovaloftheconditionaluserequest to alleviate some of these problems. ` SPECIAL PLANNING COMMISSION MEETING AUGUST 22, 1988 PAGE 2 Susan McAllister, 1513 West California, indicated that that the proposed business would be a meeting place for young people, which previously caused all the problems, was concerned with traffic, parking, noise, trash, deterioration of the neighborhood, extra police protection being needed which will have to be paid for by taxpayers), drug influence and when a petition was circulated in the neighborrhood opposing such business it showed almost 100X opposition. Lorelei Fritsche, 1512 West California, commented that the previous referred to items were no exaggeration. She is specifically concerned with safety for the neighborhood. Several times shg called the police when she encountered problems so she would like a stipulation on the use of the back parking lot. Ed Sarnoski, 1507 West California, requested more consistency with the. value of the neighborhood- wants to be assured that there is no drug abuse and a no open bottle policy, have the hours of operation limited, security guards patrolling the inside and supervise the back parking lot after dark, and insure that the neighborhood will have additional input during a review process to determine whether conditions have or have not been met. After further discussion, Finegan moved, seconded by 2lestingen, approval of the conditional use permit with the following recommendations to the City Council: w- ~ I z M 1. Require uniformedA~curity guard from 10:00 P.M. until close. 2. Maximum hours of operation:- 9:00 A.M. until 12:00 Midnight Weekdays, and from 9:00 A.M. until 1:00 A.M. Friday and Saturday ~,; „~ 3. Regtt#~e ~osted'restrictions t~frontand si~ t parking lots,a 1 a on-e nce$ack door ter 8:00 P.M. 4. First review period be six moaths, next review period. at one ~~~ year with additional review periods set as needed. b11~T~fG~S. Conditionaluse shall be granted to the applicant. .~ ~~~ 6. Require,"the present level of 311umination in the rear parking lots ~ie.~z{„+ 7. No alcohol including 3/2 beer or wine shall be sold or consumed on the premises and no use~oycontrolled substances without a prescription shall be allowed. ts. Approval of conditional use permit is predicated upon approval by Fire marshal and Building Inspector Signs must follow city ordinances. Upon a vote being taken, the conditional use permit was approved unanimously. Barry moved, seconded by Black to adjourn the meeting at 10:16 P.M. Motion carried unanimously. SPECIAL PLANNING COMMISSION MEETING AUGUST 22, 1988 PAGE 3 Submitted bys Ratheriae J. Ziffierman APPROVED: September 5, 1988 Edgar Finegan, Secretary L L_J l.~~ FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 551 1 3-5594 PHONE 612-644-5050 August 19, 1988 T0: City of Falcon Heights Planning Commission FROM:. Dick Larson, Falcon Heights Building Inspector, and Terry Iverson,-Falcon Heights Fire Marshal RE: New business to be located at 1550 Larpenteur, 2nd floor, zoned B-2 retail. Name of business "Neon Alley" Recently if has been brought to our attention there may be some confusion relating to a proposed business to be located at 1550 Larpenteur, 2nd floor of Northome Shopping Center which is zoned B-2 retail. tJe feel this memo will clarify any questions regarding this proposed occupancy. On 8-18-88 we contacted Duane Grace, Minnesota State Building Code Consultant and asked for an interpretation of the current building code regarding the matter of the "Neon Alley" to be located on a second floor of a type 2-N building. Ede also mentioned this business was in a B-2 occupancy, although the proposed business may be marginal as to an assembly interpretation. Mr. Grace interprets the building code in this situation that the "Neon Alley" would be an A-3 assembly occupancy, even though the rest of the building is determined B-2, the pool hall area ~t> d be an assembly occupancy. Therefore using the current Minnesota building code the "Neon Alley" would be in violation if located on the 2nd floor of this type 2-N building`(see attached excerpts of current building code). Mr. Grace suggested the building could be remodeled to meet type 2"building code requirements by adding one hour walls extending to all bar joists at the ceiling and solid core doors faith self closers with a (20) minute rating in~_corridors. T'&is also would allow the proposed business to occupy the 2nd floor with an occupant load of (50), taking into account (10) proposed pool tables and assorted games. In conclusion, even though the shopping center is zoned B-2, the proposed Neon Alley" would have to conform to assembly requirements per the current building code. An assembly cannot be located on the 2nd floor of a type 2-N building. The building could be remodeled to a type 2 occupancy by installing one hour walls to ceiling bar joists and solid care~20 minute .doors with self closers. If remodeling is considered, plans should be .submitted for prior approval. HOAAE OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE We hope-this will c3arify this issue and we apologize for any confusion between the first.-memo-and this one. We felt after gaining access and actually looking at the construction of this building and determining that Neon Alley" would be considered an assembly, that we also wanted to get a proper interpretation of the current Minnesota uniform building code by a building code consultant. k // rte/''(T f ,:,y,. Y-~ is Y`,~~~ EXISTING ASSEMBLY OCCUPANCIES Qir ebr Chapter 31.) k`-3 y. v` • i'C . Asxmbly occupancies include, bat art not limited t0. ~ buildings oroetioosofbuildingsusedforgatheringtogetherSOormorepeoplefors~c6 purposes as deliberation, worship, eacertaiament, eating, drinking,aasusement, or awaiting transportation, Assembly occupancies include,brt are not limited to: 7lteacers Dance halls Llotion picture theaters Club rooms v Assembly halls Passenger stations sad terminals ofAuditoriumsair, surface, underground, andExhibitionhallsmarinepublictransportationfacil-141useums icies. (if the jurisdiction enforcingrj~'' Skating rinks the Code has adopted NFPA 130,G~•mnas' Standard or Fixad Garideu~ay Tran-f g esta ishm rit Systems,' there are some sirua-Pool rooms boas where transi[ stations wouldArmoriescomeunderNFPA130ratherpetsthanthisCode, See NFPA 130 fors:.~ - Libraries additional details.)Restaurants motion piersNightclubsCoarcroomsDiscothequesCanfereaceroo®sChurchesDrinkingesabliisbmenuAlsonotechat11-1.1.3 requires ttniversiq, a~ Sege vassroomsY ~` t+r.ing a capacity of SO or more persons m comply with the assemblyntTchapters' requirements.Asaetably occupancies with tine+msidered ' occvpaat load ~ less than S0 areincidentaltothepredominateoccupaa~y in ~~ they arebested• For eumple, a small conference room is an office area iseaasidettdpanoftheoverallbusinesschasasmalldiner, normally a mercantile oc~. ~ n is fr+eescanding, cupancy dassi5cation isd"+6Qed. to either case, the occupant load fiaors of 9-1.6 are used since ititistillanassemblycue.apter 31 speci5es the life safeasbl>• acupancies. M requtrements for'the operation of 293 i• W~~~ U,M.u.h z - ==gym:.. .r~.. z_ _ A ~~~ ~ _~.ur~ ~~~a~~..._. ~ - --- - u h-ate. ,,,~~~.c,~ ~ ' 1~h-c;n.~.~~~,~ 4 ~ a ow h~ . ,.~ d.~;s oft ., c~_n~.;~ u. ~ _~~,~-4'~ ~ ~~~.',~'T ~ _..._ Consent Policy CITY OF TALCON HEICSTS A,Qenda Item:~- acting Date: $/24/88 BEQUEST TOR COUNCIL CONSIDEitAiIOlo IT~J DESCRIPTION: SL'B?:ITTED BY: REVIEWED BY: 7:15 Public Hearing on conditional use request to operate a pool hall in a B-2 district Chico Ferdowsi and owner~`agent Daniel Kordiak of Northome Center. Planning Commission ERPLAI~ATION/StR$SARY (attach additional sheets as necessary); Mr. Ferdowsi, the prospective proprietor, and Daniel Kordiak, representing Northome Shopping Center, have applied for a conditional use to allow Mr. Ferdowsi to operate a pool hall in the Northome Shopping Center, S.E. corner of Larpenteur and Snelling. Attachments: a) Conditional use request b) Copy of Section 9-10.01 subd 2 of the Code c) Copy of Ordinance 0-88-6 d) Copy of Ordinance 0-88-10 relating to conditional use permits Information oneproposed operation of the business f);Fire Marshal's Report g) Report dated 8/9/88 from Planner Richard Dwinell h) Neighborhood Petition ACTION REQUESTFD• Planning Commission's Recommendation will be provided following their August 22nd meeting. z a y- ~ ~ - Pte= ~ca~~ ~ TB .-~ I n~1~w. a~ ~; a.d-d-~~~'~~- ~~L2.-+~~.~ .~ 14.x' I~,~~-gym ~5 ~ c.h ~rn^s3 Qom,. ~ ~. ~,,.`, n.t,d . y~~,~- ~ cc Ste' D m IO m C ~ ~ ~ t ~ ~ ~Q~ ~ ---~ I h~-- `.~i,~-C. J~ ~ ~` ,, " J~ -'' Cep ~„ ~"~' s b ~ s ~~ U . ~'`- ~ ~ ~jC,~.1c~ h u~ nda Item: D-1_ bting Date: 824/88 ate a pool ome Shopp ent ing a Mr. corner 2a-$SQ~ 5lct, r~,.. !~ ~ ~~c ate. uac.~ ~ % ~ C~~ ~~ V~~~~~~ ~~~ Cam-. ~- .~~- ~ ~ b ~-~ r ~~ ~ per, r~ 3D ~5-D -} ~- i ~ i h ~ i. ~ ~~~ 20?? W. yupentsur Avinw Falcon ~ighb, Minn. 85113 TO T~ ?AHII~1G 1lDl~il$'!RA'~ ! a> 9D 14.01 Va<ianoe C~onditioc~ol ue I•We hereby apply for (a) Rezoning - 9nb D~L~isioa -Platting Tbs subject real estate is boated at f^'~ Street Address) J`Sp ~/~ sT !-ri. oRr:Tc., r g _ _ hsgal Description: .I.,ot -. Bloci~ This application is made for .the following reasons. To operate a pool hall in the Northotae Shopping Center, SE corner of Larpenteur/Spelling. (B-2 zone) Of: ~LGi~Attached hereto is the appiica~le #ee in .the amount Rezoning ApQlioation Vraian nditional Use 8nb-Di putti.~ ~, . ~ .~l J Q 1 ~ 7-~ ~ -c y p csa 3~9-F•^i9 . Applicant's interest in the above described raal satiate is ~/)~ :: C ~' 1iOTE: Applicant must file conditional use with Ramsey County if granted. r~-7~,37~'' F~i,AAlaIG l~ ~VF,ID~P'N~ 9-10.01 ~/ aa. Pipe and tobacco shpp. bb. Atoord shop. cc. Aastaurant, odic, tea roam, tavern. dd. Shoe sales and repair. ee. Sporting goods stores. ff. Vl~rLety store. gg. nearing apparel shop. hh. 8icture Eroding. ii. Radio, television and electronic equiprnt supply and repair. ij• ~Y 6h°p kk. ffirber Shop 11. Tanning Studio sm. Video liental 6hop nn. packaging and office supplies oo. Printing or duplicating services provided that no acre than six 6) euployees are employed an premises at any one time. pQ. Multiple dwellings as permitted acd =egtilated is an 'R" District. gq. Businems or trade sd~ool v~ oo~ductea eo~tirely ~rithin a building. rr. Diaper and hand lauidry service, dry cleaning plait, Pr~~ not more than six (6) persons are a~laYed on the premises at any one time. ss. Electrical service, heating, plumbing, appliance or air conditioning service shop, provided that no more than six (6) persons are erzployed in repair or processing. tt. Garden supply store provided it is conducted entirely within an enclosed structure. uu. Newspaper and publishing office w. Pet shop provided the operation shall not include the .boarding of pits on the site, the mzintaini.ng of psis or cages outside of the building oz the operating so as to cause an offensive odor or noise. ww. photographic supplies and processing of film arx3 prints xx. Seat cover, upholstery or drapery shop yy. Television and radio stations sz. i~holesale distribution. Mholesale affi,oe aid show roams 8tfidivieion 2. "° ~31:3i?f~l.~~ ~o stn~ure or lad shall be used for the following uses ezoept by oooditicnal nee peaiit. a. Motor fuel stations subject to the perforaaQ~oe standards as specified in Section 9-14 (14) of t2iis Cbde. b. Drive-in establis~ents subject to ttie perfor~noe standards Section 9-14 (17) of this lode. 55 p~Ha1~G 1~ ~yIIpip~Nf 9-10.01 K ~ c. a. Bro~~t and teleoo~~tions ~~ission .tower facilities. e. ~,deertising signs. ' f. Oon~oercial auto repair and used mr odes. g. Boat and marine ogles ~ cads entirely within a building. h. Building aaterial yard. providdsd ~ is co~duc*ed entirely within an enclosed structure. i. Car wash establistnoents. avir3ed all outside storage ~ fenced in pomoercial grew ~arch a mmv~e r so as to s ~ ~ _~ fiaen®a1~~ observed from the public the site eball a~ontain k. gutels~ ~ ~~~ 600) ~~~ of lot area per unit. not less 1. Optical and jewelry manufacturing. m. pl~pr i,es, convention halls - gytmasiu~, y-M•C.A., Y.WC.A. - sports arenas and stadiums - bowling night clubs. n. Veterinarian offices and sell animal hospitals provided there shall ~ no boardino of ~ls, except foz hospitalisation, on the site nor the placement of cages or pens outside of the building. a p ~~~~- ~-t ~ ~~'~~'( ~~ `~_`",C to the above 1 ist ether retail uses of a similarsnat~ure~~ Plann~g of v~nditional uses upon reque mission and the Council. s~rv ~~ Any uee petm~tted in Part 6 vision 3. ~° •,,,; r t ~~ additional uses tad therein. ~ follaw~9 gv~divisinn 2 ~~ tad sort' uses- shall also be pe ivacte garages as fegu,lnted a. ~sory structures other thaa~ pc buildings must be herein. The design and pl„ace~aent of the ac~essotY ~ ~ surrounc3- rov~ed by the City Council as being in haraony ing business district after review and reoosmendation by ~ Plan- Wing Com-issinn. 56 No . 0-88-6 CITY OF lALCON HEIGHTS O R D I N A N C E pate APriI 13, 1988 N ORDINANCE RELATING TD CONDITIONAL USES IN THS B-2, RETAIL BUSINESS DISTRICT, AMENDING SECTION 9-10.01 OF Tf18 MINICIPAL CODE The City Council of the City of Palcon Heights does ordain as follows: That 9-10.OI, Subd. 2(C) of the City's Zoning Code be amended to read as follows: Subd. 1. c. Retail Liquor Store z. Billard or Pool Hall V Moved by Wallin F:~raved by Ulc Mayoz Anrii 13 1QR° -- Date Yeas Nays gALDk'IN ~ in Favot C I ERTM IA -~- f'~iEtvOk'ETH ~~ Ag a i n s t LL I'~ 3-~H Adopted by Council April I3, 1988 ttested by- l~+~' tZ ~ rar,,ipl St2 atCZ AAr~=-- ~ ~ ~ 4 p Date THE COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: CITY OF FALCON HEIGHTS ORDINANCE NO. ~~ AN ORDINANCE AMENDING CHAPTER NINE. OF THE CODE OF THE CITY OF FAhCON~HEIGHTS SECTION 1. 'C'~aptsr Nine, Part 9-15.b4 s amendedto read as follows: 9-15.04 Conditional Use Permits. Subdivision 1. Puruose and Pubii Policy. Conditional uses are those uses authorized by this Chapter which require special planning consideration due to traffic circulation and access needs or impacts,operational characteristics, proximity to other similar uses, impact on neighboring property, etc., and which therefore need special conditions imposed to establish or control these factors in order to protect the publichealth, safety and welfare and to assure compliance and harmony with the Comprehensive Plan of the City. IntheenactmentofthisChapter, the City recognizes that there are certain uses which, because of their characteristics, limited number, or unique character,cannot be classified into any particular district or districts without providing for such districts extensive regulatory provisions herein. It is also recognized that there may be uses that are not providedforinthisChapter. Certain uses, while generally not.suitable in a particular zoning district, say, under some circumstances and conditions be suitable. Unless. otherwise specifically provided when issued, a conditional use permit shall apply to the use and land and not to a particular person or firm; any change in land ownership, lease, rental, occupancy or similar change shall not affect the permit or its conditions except as may be specifically authorized and requiredbytheCity. a. Situations for Issuing: Conditional Use Permits may be issued for any of the following: G i) Any of the uses, or purposes for which suchpermitsarerequiredorpermittedbytheprovisionsofthisChapter. 2) Public utility or public service uses or public buildings in any district when foundtobenecessaryforthepublichealth,safety, convenience or welfare. 3) To classify as a confos~ing use any non- conforming .institutional use existing in anydistrictatthetimeoftheestablishmentofsuchdistrict. 4j To permit the location of any of the following uses in a district from which theyareexcludedbytheprovisionsofthis Ordinance: library, coaunity center,church, hospital, any institution of an educational, philanthropic or charitable nature, cemetery or mausoleum. Subdivision 2. Application. Any owner of property, or a person, firm, association or corporationholdingacontracttopurchaseproperty, or an optioneeholdinganoptionconditionedsolelyonthegrantofaconditionalusepermit, or the duly authorized agent ofsuchapplicant, may make application for a conditionalusepermit; however, any proceedings to classify.certain uses as conforming uses. may be initiated eitherbysuchapplicationorbytheCityCouncilorbytheCityPlanningCommission. The application shall bemadeonformspreparedbythezoningadministrator, andfiledwith .him. The application shall contain thesectionnumberoftheChapterwhichperaitstheissuanceofthepermit, a brief statement describingtheuseandwhytheapplicantfeelsthatftcanbepermitted, a statement of the ownership interest in thepropertyoftheapplicant, as well as the additionalinformationrequiredbelow. An application for aconditionalusepermitshallbeaccompaniedbypaymentofafeeassetfromtimetotimebytheCityCouncilinadditiontotheregularbuildingperaitfee, if any. a. Additional Info~'mation. A Site Plan and supplementary graphic or written 'aterial shall beprovidedwiththeapplication, containing the following information and/or such additional orlesserinformationasmayberequiredbythe zoning administrator: c. On-site streets and street right-of-way. d. All utility and utility right-of-wayeasements. e. Lighting plan, showing the lighting of parking areas, walks, security lightsanddrivewayentrancelights.. f. Building and structures, including: i) Elevation drawings of all proposedbuildingsandstructureswith dimensions. 2) Elevation, height above mean sea level of all floors and roofs, when structure is sited in an area prone to flooding as determined. by the CityEngineer. 3) Gross square footage of existingandproposedbuildingsandstructures. l 1) 2) 3) 4) 5) 6) Name, address, and legal description of project/development. Location map, showing zoning district boundaries including area within once-half mile of the site. Name and mailing address of developer/ownerandengineer/architect. Date of plan preparation. Scale and a north point indicator. Boundary. line of property with their dimensions. 7) Location, identification and dimensions of existing and proposed: a. Topographic contours of minimum intervals of two feet. b. Adjacent streets and on-street right-of- way. 4) Exterior finish materials. 5) ~'ype of business, proposed number of employees, and tines of operations. g. dill parking facilities. tt. Water bodies and drainage ditches. i. Fences and retaining walls. j. Landscape plan, showing cite and speciesofeachplanting. k. On and off site traffic flow. 1. Parking plan. 8) Site statistics including square footage,percentage of coverage, duelling unit density, and percentage of park or open space. 9) Names and addresses of the owners of all property abutting the .subject property, as contained in the current real estate tax rolls, .including property located across the street, avenue or alley from the subject property. Subdivision 3. ea 'n The City Council or Planning Commission shall hold a public hearing withinthirty (30) days of the date of filing the application,or at the next regularly scheduled meeting after saidthirty (30) days, after publishing notice of such bearing in the official newspaper and sending nailednoticetothoselistedintheapplicationasabuttingpropertyownersatLeastten (10) days prior to thedateofthehearing. a. General and Special Revuirementsc The PlanningCommissionand/or Council shall consider to what extent the applicant's plan minimizes possibleadverseeffectsoftheproposedconditionaluse,what modifications to the plan and ghat conditions on approval could further minimize the adverse effects of the proposed use. The followingdevelopmentstandardsshallbeconsideredgeneralrequirementsforallconditionalusepermits except as hereinafter provided: 1) The land area and setback requirements of the property containing such a use or activity i• i• meet the minimums established !or thedistrict. 2) When abutting a residential use, the property -shall be screened and landscaped. 3) Where applicable, all Cfty, county, state andfederallaws, regulations and ordinances shall be complied with and all necessarypermitssecured. 4) Signs shall not adversely impact .adjoining orsurroundingresidentialuses. 5) Adequate off-road parking and loading shallbeprovided. 6uch parking. and loading shallbescreenedand. landscaped from abuttingresidentialuses. 6) The road serving the use or activity lust beofsufficientdesigntoaccommodatethe proposed use or activity, and such use or activity shall not generate such additional. extra traffic as to create a nuisance orhazardtoexistingtrafficortosurroundinglanduse. 7) All access roads, driveways, parking areas,and outside storage, service, or sales areas shall be surfaced or grassed to control dustanddrainage. 8) All open and outdoor storage, sales and service areas shall be screened frog viewfrompublicstreetsandfromabuttingresidentialusesordistricts. 9) All lighting shall be designed to prevent anydirectsourceoflightbeingvisiblefrom adjacent residential areas or from the publicstreets.. 10) The use or activity shall be properly drainedtocontrol .surface water runoff. 11) The architectural appearance and functional plan of the building and site shall not be sodissimilartotheexistingbuildingsorarea as to cause impairment in property values orconstituteablightinginfluence. 12) The proposed water, sewer and other utilities shall be capable of accosmodating the proposed use. 13) That the proposed use conforms to the comprehensive municipal plan. Such a findingshould. be based upon the followingconsiderations: i~ a) That certain uses say not be considered appropriate within the interior of residential neighborhoods because of noise,. traffic, or other conditions that would tend to affect adversely the residential character of the neighborhood and possibly .reduce property values. These uses are considered appropriate only on the periphery of residential neighborhoods, or under such conditions as the PlanningCommissionmaydeemproper. The uses- may represent "buffer" uses for those areas lying between single familydwellingsandnon-residential uses. b) That certain uses are considered, as a rule, unsuitable in Business Districts because of inherent business characteristics (e.g. traffic, noise., glare), proximity to residential areas,the fact that they tend not to serve nearby residential areas, or nay adversely affect nearby permittedbusinessuses; c) That certain uses are considered generally unsuitable in Industrial Districts, because of conditions that would tend to discourage. other industrial development in the vicinity..These conditions include noise, vibrations, dust, glare, unsightliness or similar nuisances. Certain other industrial land uses are considered generally inappropriate because they represent under-utilization of land. This, in turn, meansa low tax return from land that under fuller developmentwouldbecontributingneededrevenueto the community's tax. base. Such uses, however, may be considered as temporary uses; d) That certain t4mporary uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of development on existing property, to a short-term need (such as highway construction), or to a limited degree of adverse effects, upon adjacent land use. These standards shall be strictly applied unless it is found in the particular case that the community Safety, health and welfare can as well or better be served bymodifyingthem. Any special requirements applicable to the particular case which are imposed elsewhere in this chapter shall be met in each case.. when applications are reviewed by the PlanningCommissionbutacteduponbytheCityCouncil the Planning Commission shall recommend to the City Council whatever action it deems advisable, including all recommended conditions on the granting of the conditional use permit. Subdivision 4. ction: In .acting upon applications for conditional use permits, the Planning. Commission. or City Council shall consider the effect of the proposed use upon the health, safety, morals, comfort, convenience and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacentsites. When applications are reviewed by the PlanningCommissionbutacteduponbytheCityCounciltheCityCouncilnayholdwhateverpublichearingsftdeems advisable or may return the application to the PlanningCommissionforfurtherconsideration. a) AoAroval: If it is determined that the general and special requirements of this chapter will be satisfied by applicant's plan, the City may grant such permit and mayimpose-conditions relating to the general and special requirements in each case, including.durationalconditions. b) genial: .Conditional use permits may. be denied by resolution. Such resolution shall. state the .reasons for denial,. but mayincorporatebyreferencetheminutesand recommendations of the Planning Commission, staff reports, hearing xesti~ny and any other aaterial relevant to the decision. Subdivision 5. Termination: If compliance with all of the conditions of the conditional use permit have not taken place within the tine prescribed by the City, the permit is deemed terainated, unless the Council, in its sole discretion, extends the tiae for compliance for an additional period not to exceed one year. Any violation of a continuing condition shall be grounds for revocation. of the conditional use permit,after notice of violation served upon the permit holder in the manner of a civil summons at least 10 days priortohearing, and upon the Council finding at the revocation hearing that the condition violated remains necessary to carry out the purposes of this section and that the permit holder. is unable or willing to satisfy the condition. Such finding shall be aade by sajority vote, upon the preponderance of the evidence presented by the Zoning Administrator and anyone appearing on behalf of the permit holder. Subdivision 6. Performance Bond: The City may require a performance bond or other security, in form approved by the City Attorney, to guarantee performance of the conditions in any case where such performance is not otherwise guaranteed. Such security shall be provided prior to the issuance of building permits or initiation. of work on the proposed improvements or development and shall be in an amount 1.25 times the approved estimated costs of labor and materials for the proposed improvements or development.. SECTION 2. This ordinance, passed this 11th day of MaY , 1988, shall become effective on the day following its publication. lGt Mayor ATTESTz - c ~ ~ ~I l~. ~ lit .~I~ ^ t~ E,. Clerk-A nistrator Date of Publication: Movec by Co~nci~nember Wallini YEAS *(AYS i/CIEF.T~,~1. - ~ in FavorAbaentC~iENOWETH - i ~,: r~;~nninq ~r~mmission rrii,,,. r~.f,ir.!f rr.i"u U~rvsi 1ut~i~' hSU~U~~t Jf IQ;= NP[tn ~i1~~ SG~ ~p:;i Lnrpant~t~r ~~~ent~e Fr~1~.art H~i~ntal 1'11C-t~@~xOtB t'Yr>•.r.r.r.GG t?f f -~+utt~ of fi ~~rs shsl l b? hi red!? f ~ere~ssry ~'or n~trnllir,g'th~ i~e[~n A11e~ parr+~ 1~s ~ndiar t_ha paring ft; r t. x~ -. c" i f. 1 y ~.;~t_1St~'-J t~. tlv~Jl~ ,t Ia~}.xti.x? t~'. .1 tt 4Fr- ~ ti Ti- t r~ s ~,t ~ .,:. ~.P~1ti;~~ .it ~ti. ~ tlt.+I-od~~~ riC~_:i •L? ~~~~ t x. rtrir.lt -t~-t~ t:L+~+r-i;~l~ rt~Gri jt, '•"I:,li ~ try11~I art tv f.4t•°,~ejt~e onoi t~~-l~s yY~ aresde gsrr~~s r-e pip ~~chit~~ n~ €and~ m~chirE~ ,. one wig~r~tte machine fxleira n i c et; : ~~~,~1 i ~-~n~; ~ i ;;n, end pofif ers an the prerrti sES tr suRport the C?ru~;- r r C.._,. arrerCct,~_s ai.i~-ti. c+r. ~;'ey :~ha': „~','~ r~e~r ~rt~+~or~; a:~ it.; d~~_r~r. 33' EXiT i 1 I .,- t ruxir,-r~t~ty 1.?~'squ:~re f ~?ct ire tf-e u~,~rer rear eorr~er of tti~e prap~rtq at t J50 '1~est ~ LarE;~r~teur-, Fa14or~ Heigt~ts_i E ~Cl. 1 M~! N ~`' a r,~~ ENTR~HGE ;ti L_ ~' rf. t ~ F J ~ ~ i Q= }r4C~ff} ~ ~~ y ; ,t l ~ y, ~ a 4 ,f', wee. I i ~ ~ j ° a to ~EMERGENCY ~'~ t EXIT rr~ l s -'' i ~' f i s s EXIT Near Al ey .. i S~rJ Larpenteur ~!stenue Falcon Heights, Miririesr~ta adequate r~rk''n~ spaces a!'e prr,F•rie~e!j in frr~nt of and behin!~ the buiidin~ to handle r:aj~;trts~at- atli~ etrip3 ogees rt tha shappi ng Cetiter . t°dec!ri r'~Fll~i~ t•,~ X11 he -ccate~i ari ti-se secani~' Haar- of #hi~ shopping center.`` Kara#e iitvr ~3t"!s Sc}rr~c '~suant space or"~ locate! arras ,the hall. Thlt ~racant space rta~t; by rerEte~ b~ Fiez!r, hlley it the business gr::!•~`s sufficieritly. T~'ie P~levrt ~Flley staff shad car~sist of Chica Ferda~si to~r~ner), ane rr~$n$ger, and n ptiri-tirna Fmpingage. j{__~~j ~tri~IlN i fS?4!~ ~"1~~Y{jar; !lt ~+. 5C 1 1 ;' f='_~Siy~ ~NC•i_it ~tir ~c±i=i~j-~ tiE-h~i~s_ i~~ilrie~~~l~Q ~;F!:IUeri~. ~n~C ~~! i Harnec••rs~ner The o~~~r~er has had muc~~ experletice in public relations and dealing with yaunc~ pea~!ie, i3s well as an e;~tensiF,~e managerrient background. The bartending prsftcins rrhile ~~ttenl~inl, sc:t~c!~~l also pra~Fided much experience ~i#h ttte public. r ~' ~"~ Pd~F Twr E_mplnyment Histor~~ t 9~~ tr F~re gent Manager m~ri Surplus 2; Fridley, tiir-r-esota t 9~ l to 194 Management Assistant Alit L'urger Kir-g Ret:t~urants; St. Paul, tlinnesotb i 9?9 try 19~iC+Manager ifinc~-ell'y Donut; Wit. Paul, i~lir-nesat~ n~179 t~ , ~ c7~Bartender Schick's rPr~+ate~ Clu>~; Minneapolis, ~tinn~sc~ta t 97~ to ~7~ _Bartender Pirate`s Code Supper Club; St. Cloud, Minnesota i9:77 to 1979 Assistant Manager Pizza Hut; St. Gloud, Minne~ata viii r_c;-r,C_.~~_Q~.~Uit 1 ~ r'r~- i ~ ti°~E~utlr-e~.r. rt~tla~~rfler-t l~=~l~rr t. f_:lr"it~l, ~ti~tE' 1.1i~"#Pr`.;;jt;` No, tbr8.lttwa•Davu Co..lfisaaapdb, Ytaa Pn~~r made in duplicate this ................................day of...................................................., 19~~..... by snd betwan ,~_ Steven.Ghenev hereinafter designated and referred to as lessor, and Chico ~rdowsi`hereinafter designated and referred to a:; tenant, Wtzrfssse~r>a ; TxeT said lessor in consideration of the yenta and covensnb hereinafter mentioned, to be paid and performed by said tenant, does hereby demise, lease and let unto the said tenant, and the said tenant does hereby hire and take from the said lessor, the following dex:ribed premises situate in the City of...,.1'.alcon Hei~2ts,,,,,,,,,,,,,,,,,,,,,,,, ,,.,. County of ........................Ramsey... .... ........................,............State of............T,~.nnes~ta......................................... ............ to-wit: ~pproxir-ately 1,727 s~Lare feat '.n tY.e upper rear corner of t}-ee property a~~t-2550 ~.~test`.Zarpertteur, r'alcon ,;eights; ...,_,. ...~:~._ .> _~ : _ _...,:.... ~..__ . . _ .y To Hws ~tvo To Horo the above premises just as they are, without any liability or obligation on the part of said Z~ lessor. of making. any alterations, improvements or repairs of any kind on or about said .premises, or the building or build- ings of which they are a part, or the equipment, fixtures, plumbing, appliances, or machinery in, upon or serving same, or the streets, alleys, areas, area-ways or passages adjoining or appurtenant thereto, for the twat of three years from and after the F._rst ......:....day of . July' ....... .......... 19. aa.. to the.. .. th _rt;; eth,.. day of .............~TUI~E~............................ 19...~~,., both dates inclusive, for Rite following purposes and for no other purpoaeas, to-wit: operation of a pool hall wa.tr, some sn4c a and game mace ~.nea, all to be .:.n remliance with C"_tr ord~n~nce ooava..w, Md the :aid tenser agrees to and. with said lessor to posy the lessor as rent for the above mentioned premises the s..c sum of...~^!~.f#~~.-fi~.~...~a~Q1.1;3~3?Gl..~~YttXi..k~uXi~x,s:d..~:~.xlxvs~x.~z7~. ~c.Q/..1~101ollars (x....29.,.7.9.7...00:.....) in monthly paynserttsof No rent `July~and~-~wgust ~f i98ff _ ..r:..~,..__ :._..~., ._. .., . 863.5Q from 5epternber 1, 1934 through June 1, .1990 9UU.UU from July 1, 1Q9~ t}rougr June 30, 1991 Tsnaru m Iliatataio i io~C~ood Soo~r. uaua... Dollars (~......---.-................),.payable in advance on the first day of each. snd every month for and during the full term of this lease at the office of ~or~.?~~;,y~.~y.....3q~i~...Gsmxx,~~..,A,yfr.,,.. *~ti..~, ...................... Columb ~a rie ;.ghts, i~inn. 5521 The said tenant also covenants snd agrees with the to:aor s~•Lessee shall sot erect or permit to be erected on acid as follows: That the tenant will keep at his own expense premiaea, any signs on the exterior of the premises or build- drains,said demised premises and the equipment, plumbing,tugs without the wtittea consent of lessor endorsed hereon fixtures, appliances and machinery In, upon, servtng or nor place or permit to be placed in any portion of any of the appurtenant to said demised premises, is good repau and in demised premiss any weight of waghts In excess of the good sanitary condition during aid term, and that he will reasonable or safe carrying capacity of the structure. replace at his own expense prompt)pp any and aq glass broken liihfhty;pleas o t e same quainoraboutacidpremiaeawt idkiddititillli Conetetoa ut The tenant acknowledges the receipt of the demised prem- o sateratonsnoraonsmaenoathathew the lessor's written con-first obtaininwithoutie Pramtacs.ises and the same to be in good and wnitar condition, and i d i h i ogpremss,n goo repa r, and t e tak ng possession f the demised sent, and that he will not use oc permit anything upon said premises by the tenant shall be conclusive evidence that the premises that will increase the rate of inauranee thereon, or demised .premises, and the equipment, plumbing, drains, fix- anyihing that may be dangerous to life or limb, and that he lures, appliances and machinery therein, were at the time of wilt not in any manner deface: or injure wtd demised preen-ao taking pos:easion thereof in good, clew, sanitary and isra, or any part thereof, or overload the 9oora, or do or Reta.e tenantable condition, and in all respects wiisfactory and il,n~ f nAn, s:.i nr~Mi.ws ac..,in the.of --acc+ptabk to ths-;eetant,~itad in tha condition ie: :t!uch ihcypassageways, alleys, areas, area-ways,. sidewalks or streets were represented to the tenant to be and agreed to be putadjacentthereto, that will amount eo• oc create a nuisance;in by the lessor; and the tenant hereby releaaea the lessor and that he will not use said premises or permit the same frost any and all claims srising from lay defect in the coi-di- or any part thereof to be used for lodging or alerping par-lion of acid demLed premiaea, or the equipment, fixtures or poses, or for say purppose contrary to the laws, ordinances thr stateeric» s'United Sislea of ~^f thlai appliances fn or serving said premises, and the buildin or seonsoorreguty~-o =rt t s iriri or the :..City ofof areas,ares-wayss passages sidewalks adjoiniaQ o Falcon,,,,,;e .,g~;,~,g, ,,,,,,,,,,,,,,,,,,,or of any rules or appurtenant thereto.. regulations of the City of..A`.~~,C~KI....t:1X;i,^k~i;~ ......................... reesan~ the tenant aidcitffifbd sib The tenant agrees that he will not sublet the demised premiaea or sa part thereof and will not a i thi lgcersosay;s or ooarorofany k,~,y ss gn s ease to return. said premiaea peaceably and promptly to the lessor or any interest therein, aor permit such lease to become at the end of the trrm of this tease, or at_ any previous fermi- in orothidid transferred by operstiog of law qc otherwise, and that no act ill bwesamearentonasconnationthereof, in as goo or acts w e done or suffered hereby the wine may be or may hereafter be put in, Cosa by fire and ordinary wear ex-become sublet or .swigged Ig whole oe in part, uatess the eepted,written consent of the lessor endorsed thereon shall be first And the tenant further covenants and agrees to keep the obtained in each sad every case of uadeslatting or aaigg- sidewalks bordering on said demised premises (where the meet, sa they shall frost tiara to time occur or be desired, leaned apace borders upon a sidewalk or passageway) and and that aothing whatever shsU be bald m be a waiver of the roof of acid demised premises at all times free from ice or supersede the aecesrity of such endorsement. and snow and other obstructions, and to neither waste nor misuse water, electricity, gas, steam, or any other utilities the lessor, andenciesvvhicliarcormaybefurnishedbyra H.ekruotes Any asNgament, sals In bankrnpuy or lnaolvency of the go to promptly pay all rates, costa and charges for the same.,lessee may, at the option of the lessor, be considered an except w to :uch of the same, if any,, u the lessor has alai nment within. the meanie of thin lease and as s breachgff specifically agrrrd herein to furnish, tree of charge.of the covenants bereof. The tenant further agrees that the ksaor shall not be t,,a,K liable for. anq damage, etther to person or persons or prop.Twt. arty or the loss of property sustained by the tenant, or byanyother. perwn or persona due to the demised premises orthebuildingsofwhichthedemisedpremisesareapart, ortheequipment, fixtures, appliances or atuhinery in or uponthesame, or the halls, passages, ueas, area-ways and stde-walks or streets adjoining or appurtenant to the same beingorbecomingoutofrepairordefective, or due to the happen-ing of any accident, or due to an act or neglect of thetenant, or any tenant or occupant olraid building, or of anyotherperson, persons or corrppoorations, or by the bursting ofpipet, or by the nu or miagae of any iaatrumantality oragencyinorconnectedwiththedemisedpremisesorthebuildingofwhichitbapart, or occasioned by any nuisancemachorsufferedthereonortherein. usbtub The tenant suttmes aU liability and obligation on account y ~ of s11 dsrnaga on account of the marten and things abovereferredto, and a es to save the leaver harmless thereonZwat, and therefrom, and to indemnify tha lessor oa account there-of. This provision shad. apply especially, but not exclusively,to damage caused by water, mow, rain, hail, backing up ofwatermainsorsewers, frost, steam, sewage, illuminatingga:, newer gas, or odors, electricity and electric current, andbythebunting, stoppage or leaking of pipes or radiators,plumbing, sinks- and fixtures fa or about the demised prcm-isea or the building of which the.. demised premises are apart. In case of such damage the leaaor may at his optionrepairsuchdamage, and ff such. damage has occurred inthedemisedpremi:ea or on account of the defects in thedemisedpremiuaagainstwhichthetenanthasagreedtomakerepair:, the tenant shall thereupon reimburse the lessorforthecostaofreairingsuchdamage, and if the tenant failstoperformanyofthecovenantsoragreementshereinpro-vided to be kept or performed by the tenant, the fesaor mayperformthesamesadchugethe .tenant with the expense ofsuchperfor»unce and the tenant agrees promptly on demand to repay to the Lfessor the cost of such performance. by thelessor. it~ The tenant further covenants sad agrees that the service taus of notice by any officer of the City of...." N,d+G.i;."' mo}..~a,: ...............upon either party. to this lease to cleansaidpremises, or to do any other act in connection therewith,shall be conclusive evidence u between the. parties hereto ofthebreachbythetenantoftheeoveoaatwithrespecttothenon-performance of which by the tenant such notice has beencarved. Any notice from the leaaor to the tenant, relating to thedemisedpremisesortheoccupancythereof, shall be deemed duly served it left at the demised premises addressed to the tenant. SOt M The tenant further covenants and agrees at its own expensetoobservesad .keep all regulations and requiremenu of the sKatattoo,. city of......s.Y~:~~n „c'„t rt.° .... ...:..... ........or other pub-lie authorities la force at the time of the taking poaesaion bythetenantofthedemisedpremiaeaorwhichmaythereafterbemade .regarding the condition and eoaduct of said dc- mined premiaea, any part thereof, and the tidewalka adjacentthereto, ineluditig all building, 5n, sanitary, police or other regulations. Tatdaa The tenant further. agrees that if the demised premiaea, orWiUKanypartthereof, or any put of the improvements of which they form a part, shat!. be taken for any street or other pub- lie use, or shall during the continuance of this lease be de• stroyed by the action of the public authorities, then thin leue sad the term demised shall thereupon terminate. DMS~ tloa It is further agreed between the letisor and the tenant that lt,w if during the term of this lease the demised premiaea or the improvements thereon shall be injured or destroyed by fire or the elemeata, or through any other cause, so sa to render the demised premiaea unfit for occupancy, or makes it impos- aible to condact the business of the tenant thereon, or to such am extent that they cannot be repaired with reasonable dili- gence within thirty (30) days from. the happening of such injury, then the leaaor ma terminate this lease and the term herein demised from the date of such damage or destruction, and the teasat shall immediately surrender .the demised premiaea and all interest therein to the leaaor, and the ten- ant shall pay real only to the time of ouch surrender; and in case of any such destruction or injury the lessor may re-enter and repoueu the denoted premiaea discharged of this lease, and may dispcusesa aU parties rhea is poueaainn thereof.. But if the demiud premiaea can be restored within sixty days (60) days from the ha~pppening of the injury thereto, and the lessor Rao~ within fifteen (15) days from the occurrence of such injury elects in writing to so repair or restore std premises within sixty (60) days from the happening of the .rj:,ry :h::ctc;fii rhea this lease shall not cad or terminate oa account of such injury by fire or otherwise, but the rent shall not run or accrue after the injury and during the procea of repairs, and up to the time whoa the repairs shall be completed, except only, that the tenant shall disc' such time pay a pro rata portion of such rent apportioned to the portion of the de- mtsed pramius which are is eoadition for occupancy or which may be actually occupied during such repairing period. If, however, the demised premiaea shall be so slightly in- jured by any au:e aforeatid, u not to fie rendered unfit for occupancy, then the leuor shall repair the name with reason- able promptness, sad in ghat case. the real shall not cease of be abated durmg inch repairing period. All improvements or bettermeau Placed by the tenant oa the demised premises shall, however, m lay event, be repaired sad replaced by the tenant at his owes expense sad not at the expense of the lessor. The leuor agrees and covenants that the tenant, on .paying the rent and performing .the Covenants aforesaid, shall and may peaceably tad quietly have, hold and enjoy the said de- mised premiaea for the term aforeaid, except as in this !else otherwtae provided. The lessor agrees that it the premiaea hereby teased shall at the time hereinbefore stipulated for the beginning of the term of ehia !rase be in the possession and occupancy of any person not lawful~y entitled to said posaa~ion and occupancy, the lessor shall use due diligence to obtatn poaaeaaion there- of for the lessee, but it is expressly understood and agreed that the lessor, using due diligence as aforesaid shall not in any way be liable for any failure to obtain ehe possession of the premises for the lessee and that thin lease shall not be affected in any way by sny such failure to obtain possession except that the rentals hereunder shall be abated until pos- session shall be secured by the lessor for the lessee and writ- ten notice to that effect given by the leaver to the lessees It is understood and agreed with respect to all alterations w, sad repairs, improvements or alterations to said demised premises, or any part thereof, which shall only be with the written consent of the lessor, that tensest shall and will in each instance save said lessor and said premises forever harmless and free from all costs, damages, loss and liability of every kind and character which may be claimed, auerted or charged, including liability to adjacent .owners based upon the acts of negligence of said tenants or their agents, con- tractors or employees, or upon the negligence of any other pertoq or persons in or about said premises or upon the fail- ure•ot any or either of them to observe and comply with the requfrement-of•tM ;law or with the regulations of the authors- ties in the said city of........F.~.~,ion...~:.~..bki,t ........................... and will preserve and hold the leswr and said premises for- ever free and clear from liens for labor and material fur- : • ; niched. And the tenant agrees .that it will from time to time ~; before making any such repairs, improvements or alterations •>~~ furnish the lessor with a bond in an amount and with sureties tatidactory to the lessor conditioned for the performance by the tenant of the matter and things in this paragraph required to be dose by the tenant. It G further agreed between the lessor and tenant this lease is made upon the condition that if the tenant shall neglect or fail to keep, oburve sad perform any of the cove- nant~ and agreements contained in this lease, which are to be kept, observed or performed by the tenant, or if the lease- hold interest of the tenant shall be taken on execution or other process of law, or if the tenant shalt petition to be or be declared bankrupt or iaaolveat according to law, or if the tenant shall vacate said premiaea or abandon the acme during y~ t+t .the term of this least, then sad In say of said cases the lessor may immediately or at any time thereafter, and with- out further notice or demand, enter into and upon acid premiaea, or any part thereof, in the name of the whole, and take absolute possession of the same fully and absolutely,without such re-entry workin a forfeiture of the rents to be paid and the covenants to ~e performed by the lessee for the full term of this lease, and may at the lessor's election lease or sublet said premiaea, or any part thereof, on such terms and conditions and for such rents and for such time satheleaaorma `"elect;'sad"'after crediting' the rent acwally saEtaalna• collected by .the leuor from such retelling on the rentals stipulated to be paid under this lease by the tenant from time to time, collect from the tenant any balance remainingduefromtimetotimeontherentreservedunderthinlease, charging to the tenant arch reasonable expenses as the lessor may expend is puffin the premiaea in tenantable condition.Or the leaaor may at ~is election and upon written notice to 7'sra>owtloa the tenant declare this tease forfeited and void, and may taa~ thereupon re-enter snd take full and absolute po:session of Hader said premiaea as the owner thereof, and free from anyy rightB.atsruptcr. or claim of the teasat, or any person or persona claimingthroughorunderthetenant;. and such election and re-entrylastmentionedshallbeandconstituteasabsolutebartosnyrighttoenterbythetenantuponthepaymentofaltarrear- ages of rent and costa after a diaposaesaion under any suit or process for breach of any of the covenants of this lease,and the commencement by the leaaor of any action to recoverpoaaeesionofacidpremise: aforeaid shall be deemed a suffi-cient notice of election 'of said leaaor to treat this lease savoidandterminated, without the written notice above speef-fled, unless the leaaor shall is wcftia ,before beginning suchproceeding, notify the tenant that a~ter obtaining such pos-session the leaver will continue to took to the tenant for theperformanceofehialeasesadwillsubmitthepremisesoathetenant's account, in the manner q above provided. fiatnees The tenant further agrees that all gouda, chattels, fixturespefwndandpersona! property belonging to acid. tenant, which ateProperer, or may be put into :std. demised premiaea, shall at all times beboundwith, a lien in Etyor of said _laasgr,..tQ,6c.. rhsrgeabk. Ea__ _all rents htreunder and the fulfillment of the other covenantsandagreementsheretocontained, and that in cane of defaultbythe. tenant the leaaor may without notice remove the .ameor. any ; hrt o.°, the .same, in winch rutnser as the lessor maycnooae, t::~d the leaaor shall have the ;right to sell all or anypartoftheacmeofpublicorprivatesale, without givinganynoticetothetenantofsuchsale, and to apply the pro-coeds of such sale first to the payment of the costs and ex- penses of conducting acid sale and caring for and storingsuchproperty, sad to apply the balance, if say, to the amountthenduefromthetenanttothelessor. T~ It is also agreed between leaaor and tenant that in casethe. taxes paid by the lessor upon the property of which thewithinleasedpremiaeaareapart, shall in any year or yearsduringthetermofthisleasebeincreasedoverandabove the sum of....»:: ...................................»».»»»»»..»..„...».........Doltara a•••••••••••••-'•'-•••••••...•.»........) annually, then the tenant shall payaspartoftheannualrentalofsaidpremises, for such year or ytara, in addition to the amount herciabefote named, anamountequaltosuchiacreau. The amount to be added to the rent thus provided on ac- count of increase of taxes in any year or yearn shall be added at the time of tent payment on or next after the date when penalty or loan of the customary discount begins to accrue for non-payment of such taxes. If the year's taxes are payableistwoormoreiostallatenbthemthesmounestobesoadded shall be tpportioaed and pa;d in the ame way. It is further agreed between the parties to this 1eut: Lessor to install carnet in the space and to tear out all existing int~:r~.or w~11R as nractica? (some pillars to remain) and to ~a::nt int,•rior two ca'_ors. ienar,t to qav cost ~f grapY:ics. Tenant to nav f.~r all rewiring anti air conditoning. Lessor to pas,Alectic;and heat. SSE 4'XHIBiTS A A?'•ln $ A;ID ATTACI'~D EnRETO A'••ID I.AL~E A ur^.RT l~k''Q~' SEE EXHIBIT C AND ATTACHED HERETO AND MADE A PART HEREOF. a Lessee, upon leaving the premises hereby leased, shall athisownexpenhremoveallashes, dirt, tubbish and refuse, R+a>K of The leaaor shall at alt times have the right to enter uponaO~• said premises to inspect their condition and at his electionanduponlesseesfailuresotodo, leaaor may immediately.without further. notice to lessee do the same at l to make reasonable and necessary repairs thereon for the eesee s ex- pence, which the lessee shall immediately pay upon receipt of protection and pressrvation thereof, but nothing herein shall oe construed to require the lessor to make such repair:andabillfortamefromleaaor.the lessor shall not be liable to the tenant, or any ocher per- The tensttt further agrees:to give the leaaor written noticehi son or persons, for failure or delay fn .making said repairs, or for damage or injury to erson or ro ert caused m ortrty (30) days before the expiration of this lease of hisintentiontovacateattheendofthisleastotherwisethe p p yp by the .making of such repairs, or the dotag of such work. lessor will .have the option of continuing this Tease for are The. lee:or shall have the right during the last 30 days of the Year from and after the expiration of this lease without noticeermione term of thin lease to place and maintain on the demised to the tenant. If, however, the leaaor does not elect to so continue thin lease and the tenant remains in said preen- premiaea and in tht windows thereof tha usual notice of To Let" or "To Rent" and to :how acid premises to pro- ices after the expiration of the term of thin lease, such re-spective tenants. maining in possession ehafl not, except at the option. of the Hdr• and Each of the covenants, provisions, terms and agreementslessor, extend the term of this lease, and the tenant shall othen• of this lease shall inure to the benefit of and shall be obliga-promptly vacate said premises; and if !or any reason the ten•tory upon the respective heirs, executor, administrator, auc- ant does not promptly vacate the premises at the .end of the cesaora and assigns of the leuor and tenant respectively. term, the tenant agrees to pay the leaaor, for such time as dapaes between the end of the term of this lease and the x~:i shw ~~~~ . ~••~~ time when the tenant actually vacates the premises, a pro acting as agent only, assumes no obligation whatsoever in rata rental equal to one and one-half (lyy) times the rent provided to be paid during the term of the lease. respect to any representation, warranty or covenant herein contained, and shall not in any event be held liable to lessor or to leases for the .fulfillment or non-fulfillment of any of theThetenantagreesthatnoassent, express or implied, by terms or condition: of thin lease or for any action or proceed-the leaaor to any breach of aay of the tenant's covenants or ings that may be taken by either against the other. aQreemeata shall be deemed or taken to be a waiver of anywcceediugbreachofsuchcavenaat, There are no undertaadings or agreements outside of chinleast, Ix Tssri>+toxY WssuoF the lessor and tenant have hereunto set their hand: and seals the day and year first written.We, the tensttt, hereby acknowledge that at the time of making and delivery of this. lease and mortgage lien, the Lessordeliveredtowafrill, true and complete copy of same. Signed, staled and delivered in presence of Steven Cheney ........ ......As to Lessor..... Cheo Serdows . ~ ~~•~~ ••~~~~As to Tenant. C r. .. • ....., y i , STATE OF .................. .. i COUNTY OF ............... ................. .......... r~~. 0» this .. ........ .. ..day o/ .............tp.. ., be/ore +»e, a Notory Pwblic witlti» aNd /or said Cor»ty, paso»ally appt+and '........ ....... .....................:....................................................... to tae pare»atly w<now», who, ~rei»g 6y t»c duly rwor», did .ray: that they are the Vae•Preside»t and Secrstay o/ the Corporatio» no+»td i» the lortyoi»y i».ttrttett»t, a»d !hat the seal affiixed to said i»,rtrument u eht eorporote real o/ raid corporation, and that said i»thiunt»t tcw.rri9»td slid uakd i» 6tha// o/ raid earporafio» by attllwsity o/ itr Board ol....... ..........................o»d mid ......................................: ............... ackiiomtsdytd said i»sbyt>rie»t !o bt the era alt Deed deed o/ laid corpo- rotio». asar.] ugh] aset,~ 1. .. ••, 1,1 1„111111!1, 11111 lIIIIIIIM NON .•. ••. ••........,I CUC:i14'rt' ,nr .............. ~ STATE OF.. ......... ..................... ............. ~u. 0» this........... .....:.day o/ ...............................•................tp....... bt/or4 t»t, a ...................................................................................................... within a»d for sold Cott»ty, pntottally o00tortd .........:............................ to »it known to 6t the p~rro» drrt'rtbtd iK a»d who trecwt~d the ortyoi»y itsttntt»t»t, and arl<tioseatedgid that At ersewtrd the so»te ar..... • ...................; ........./ra .alt a»d dadl EXHIBIT A TO AGREEMENT OF LEASE. DATED , 1988 AND AS TENANT, COVERING LEASED PREMISED SITUATED IN THE FALCON S(~t1ARE. t .Lessor agrees to pay for heat, electric and water provided that use is not excessive for the type of business run by the tenant. 2. Lessor is responsible for the repair and maintaince of all hea# and air cAnditioning equipment in saidpremises. 3. Tenant hereby egress that upon termination of this lease, all leasehold improvements made to the premises by tenant or lessor shall remain as part of the premises and shall not be altered or removed by tenant. 4. Tenant agrees with ten (10) days after request of lessor to deliver to lessor, or lessors designee, including without limitation, the present or any future holder of any mortgage (s) and/or deed (s) of trust, or prospective purchaser of the leased premises, an estoppel certificate stating that this lease is in full force and eff~t, and the date to which rent and other charges have been paid, the unexpired term of this lease, whether of not lessor: is in default hereunder, and the nature of any such default and such other matters pertaining to this lease as may be reasonably requested by lessor. S. Lessor shall not be liable to tenant, or those claiming through or under tenant, for injury, death or property damage occouring in, on or about the leased premises and appertenances thereto, and tenant shall indemnify lessor and hold it harmless from any claim or• damage arising out of any injury, death, or property damage occuring in on or about the leased premises to the tenant or an employee, customer or Invitee of tenant. Without limiting tenants liability hereunder, tenant agrees, at .its own cost and expense to carry pubitc liability insurance prot~ing lessor and tenant in the amounts of Five Hundred Thousand Dollars ($500,000) for personal injuries sustained by any one person,or for injuries sustained in any one accident,and Fifty Thousabd Dollars ($50,000) for property damage. Alt policies of insurance shall name both lessor and tenant as insured thereunder and shall protect the interests of lessor.. Certificates of said insurance providing for not less then thirty (30) days notice to lessor prior to cancellation thereof shall be furnished to lessor prior to tenant taking possession of the leased premises. . b. I n the event lessor is made or becomes a party to any 1ltigition commenced by or against lessee, including litigation commenced against lases by lessor, involving the enforcement of the rights or remedies of lessor, or arising on account of the default of lessee in the performance of its obligations hereunder, the lessee shall pay all costs and reasonable attorney's fees incurred by lessor as a result thereof; provided, however, that if the lessee prevails against the lessor in said litigation the lessee shall not br obligated to pay such cx~sts and fees. This section shall apply to require lessee to tender cysts and reasonable attorney's fees of lessor, in addition to the tender of money or performance of deeds, to lessor to abate unlawful detainer action by lessor for any reason under this lease. 7. Tenant acknowledges that late payment by tenant to landlord of rent will cause landlord to incur cysts not contemplated by this lease, the exact amount of such cyst being extremly difficult and imprectable to fix. Such cysts include, without limitation, processing and accounting. charges, mortgage interest penalties, utility late charges, etc. Therefore, if any installment of rent due from tenant is not recieved by landlord within ten (10) days of due date, tenant shall pay to landlord an additional sum of four p~oent (4~) of the overdue rent as elate charge, The,parties agree-that this late charge represents a fair end reasonable estimate of tfi~ costs that landlord will. incur by reason of late payment by tenant. Acceptance of any late charge shail'not constitute a waiver of tenants default with respect to the overdue amount, nor prevent landlord from exercising any of the rights and remedieswaiiiable to landlord. 8. Tenant is acxepting the premises on an "as is" basis and lessor under no obligation to make any improvements of any kind to said premises except as otherwise specified herein or as in the lease attached hereto. 9. Condemnation or Demolition. Should the shopping center of which the demised premises is e part be condemned or should the landlord decide to demolish tt~e center, the landlord shall give the tenant one hundred twenty (120) days notice. It is agreed and understood that the tenant shall not share any condemnation award nor be entitled to any relocation compensation of any kind. Lessor Tenant i•EXHIBIT "B" TO AGREEMENT OF LEASE, DATED , 1988 BETWEEN STEVEN CHENEY, AS LESSOR, AND , AS TENANT, OOYERING LEASED PREMISES SITUATED IN THE FALCON SQI.~A~,„.,,~:.~ s _ TENANT AGREES THAT IT WILL: 1. Keep the leased premises in a clean, safe and healthy condition, and chn the snow and ice from any sidewalks contiguous to the leased premises. 2. Not permit the leased premises to be used in any way which will injure the reputation of the business being conducted therefn, or injure the reputation of the Falcon Square Shooping Center,.- or may be a nuisance, annoyance, inconvenience or damage to the tenants of the Center or of the neighborhood, including, but not limited to, noise by the playing of any musical instrument or radio or television, ~ the use of a microphone, loud speaker, electrical equipment, or utilizing flashing lights or search lights, or any other equipment which, in the judgement of Lessor, might cause disturbance,lmpairment, or interference with the use or enjoyment by any other tenant in the Falcon Square. 3. Not display any merchancise outside the leased premises or in any way obstruct the sidewalks or common areas adjancent thereto, and will not place garbage, rubbish, trash, merchandise containers, or other incidentals to the business outside the leased premises. 4. Keep ail trash, refuse, garbage and waste materials in the type of container specified by Lessor, and such trash, refuse, garbage and waste material will be place outside of the leased premises prepared for collection in the manner and at the times and places specified by Lessor, S. Not burn trash, refuse, garbage or waste materials on tine leased premises. 6. -Not permit deliveries of any kind through the front entrance of the leased premises., except where no other entrance to the leased premises is available, and tf such be the: case, at the times designated by Lessor. 7. .Use its best efforts to cause all trucks servicing the leased premises to load and unload prior to the hours of opening for business to the general public of the stores of other tenants to the Center. - 8. Observe the following rules and regulations relating to parking: in the event particular areas are designated by Lessor as employee parking areas, all automobiles,. trucks and other vehicles of Tenant, its officers, employees, agents, sublessees, licensees, concessionaires and contractors (hereinafter "Tenant et al")shall be parked only in such designated areas. Tenant shall furnish Lessor with automobile license number of Tenant et al, within five (5) days after taking possession of the leased premises, and shall thereafter notify Lessor of any changes within five (S) days such changes occur. In the event Tenant et al, falls to park their vehicles in designated parking areas as aforesaid, then Lessor, at its option, may charge Tenant, and Tenant shall pay to Lessor, as additional rent, Twenty-five Dollars ($25.00) per day per car. s parked in any area other than those designated, or such vehicles may be removed therefrom by essor or its agents and stored elsewhere at Tenant's Expense and without liability of Lessor for such removal. 9. Not solicit business in .the parking or other common areas, and will not distribute any handbills or other advertising matter on automobiles parked in the parking area or in other. common areas without written consent of Lessor. 10. Not use the plumbing facilities for eny other purpose than that for which they are constructed, and no foreign substance of any kind will be thrown therein, and will pay the expense of any breakage, stoppage, or damage resulting from the violation fo this provision by Tenant et al. _ i l . Not keep any`flemmable or combustible material in, on or about the leased. premises except as may ~ permitted to be kept: in such locationsand containers as specified by lessor from time. to time in accordance with the recommendation or regulations of Lessor's insurance carrier, anderwMter or appropriate,governmental authority. - 12. Not permit the leased premises to be used for. lodging purposes. 13. Not permit. may auction sale, fire sale, bankruptcy sale and /or going-out-of-business sale, or similar types of sensational sales promotions to be conducted in the leased premises or from the leased premises. 14. Not o erate or conduct fn or from the leased premises a so called "discount store", "cut-P rate store",army, navy store or government. "surplus" store. 1 S. Not conduct catalog sales in or from the leased premises except of merchandise.which Tenant is permitted to sell "over the counter" in or at the leased premises pursuant to the. provisions of lease.. Delivery by Lessor and receipt by Tenant of the foregoing Rules and Regulations, numbers l throw 15, inclusive, are acknowledged hereby. 1 Tenant landlord f EXHtBiT "C" TO Ai>><EEMEtdT OF LEASE, DATED , 19a6 BETWEEN STEVEN CHENEY, AS LE`.ySOF,, ANU CH{CQ SFti~JEAi)D-N FEF?Dt~WS~ , A.S TENat~T , f~~'vERING !_EASED PRE1'11SES SITI.IATED IN THE FA!_CON SC1.lARE The folinwing items sh~11 repl8rp tha. relBtPr~ gtetementt? m8d8 in the LeBSe Agreement andlGr Exhit~it "A" 8ndfor Exhibit "B" irl rF. LeAse AgrGtrlrr.t. 1 . ~,G "f `ir,t" i rant' l'ri~}. r~fF ~!~'' iiltj if ttrlc `?'„` tl';i`_: i_e.5° r",~rr?FTT1~''!t CGY'rrS Silaii bE 8 tr;!'P.ByF~r prrlt~ CAtriE31E;1Clttg tf arlt~ when ten8nt reraiva~ from th? City of Falcon Haight5 all lic?nging necessary tp pner8t? such 8 uil;,irr6a~. TBflaiit Sr"loii ~IOk.~ GVCr'~/ atlGFllpt `t0 ~8t tiiE$E I3CCn~ ifi a pronpt fr;ai"EriEr. Terms tG be as follows __ The first eiriht weeks of ocfiupanry shall. kte rent-free. if this Eigt•;t wt~k per lad does not cor~cludE at the end 4f a calendar mGntFi, prorated rent sh11 f•~a n8i,:i for the bal8nre of that month {~ on 8 rate of $663 5C par mpnth R~.~•~t steal l t~!en be paid at a rate Gf $ ~5~.54 per. mur~th fGC o par iGi, Gf ~~ rliur!th:•. Fur tnF fins!' i 2 montrs r?f tt'+e eBGQ Aorc~?nlant, rFnt Sh8?i ha paid 8t ~ rata of C-. TL G ~;C1G i' ~.J" i I tr GG. r u h~= 1'~ ,.i ~Ct tr!a ?~~A ~i!lr~?P.(TiP.(lt tnfi lmpr+hPr tArttS hg Will m81CF.``to S8'!? pr~r' ~~S Ott `ii=. t_" ;j7, i ilG,,G !r:tF+rf.t. G!~~L•rt+J ill UE GG"1piG`GU U^i~:"k lt~ly i~r~jt t1irCG vYE~tlI. pGr ~trJ U! til~ LG47E.' i(?r~;:r+iN~rt i~ftrt+.lki('4>S ~ pc~''C ~.i'i,911 a$Q rH' .':itc= t~'.~ rP.t;trf}GmS~ mr'~1l~t$in r~trGrn~~, ~n nrnv"'t iv,~!:.lU JII~t~;~ IGJ ~'J! rC ,i~ UJ!1~IJ Ol ht~ C7l~tri.~. Ti,~, reStt•GUr'I irl'IprG~VCItIE!IiJ tl% UF. "vi,l~lt.%ICI:•l) r,rfnra'ha first eir~ht wFGf' pFriod Of theLP~;~ ~n!~Parrart CCnClud?s s )f, riiirinn thF term Of this l e?SF Ariraam?nt, Tenant entars into an ~rpement to 1?~ v8r_.8r9t er_iininir!- spocc from Ees;ur ,the rate Gf rent tG be paid for thi~~ additional space shall be an etluival8nt amrunt per sguBrP ftu~t ~ is tha. space COVered in This Lease Agreement. 4 j .~ 1 O!JU Ln1"11 VLLJ J~. nCV~LATiCNS •~ 1. } Anr# tha TanBnt f~}rthar rnvan~!nt5 8nr~ ~rp~s to kip :- pgrtion of the sidawaiks bprdprinr~ nn ~aie t~Gf-1IJGU pr Citi IJG+ ~'n~hGrE th8 iP,aScij Spo%c ~Jitruc `.~r'-Urs a Si~~r+aili or pa~ScxjEriay} and a pGrtiGrl of thrr rnnf of Said [iemisar~ premiSBS at 811 times frea frnm ice 8n~] snow and Gthpr obstr~;rti;tn~ t The ar++uiir~t Gf oreo of said sideWolkS anu rGG` try he +~tairltaincu ire this way by Tar lard S`tai i bG 5 iirert propnrfiinn Gf the tgr.,8rg fpnt~e being iP.a~a 7y the Tenant, to the tot81 ~u8re fnr.,tage of t'Ie u3il~iny. Less!~r shall dv,ermine which arm is the respGnsibility of the Tenant.} rr !n,rr ,,tn,~t *r tir~ir~fiiinr t`14 ft111pWinQ "nl+t:l,~• C..=~n Slf~ng' t ;~:;~i; atta"•`tcv iu the building v i,iu!= `"Gt%I Sneliirig,~VEnue. lne Sinn BtteCrt~~" !+~ the huiiriinr vi~~ ,~ =~nm ! nrrrertaur Aven~tF v"rr,,~y^ i~ttYt~~Ort51'iiQtit`iailW3yGn{t';;*'•;;:?;irZCtinyGiistt~mti'S:+JTs;ncr.`~SulaC80f Ii',B:.:a: Ter~~t will ~;tp3y i~r4ttt~tl--falcon Helgh~ts regulattwtis 1n rB. s~+~: Pogo Twu EXHtI~tT "t;" F> Sap "I_i:~t,ilify of i_g~s{~r an,'i Tenant" t; l l) (PtjgR TWn) radiat.or ;, plurrlbing, sinks brld f#xtures in ar aGuut the ders~ised premises or the buliding cf which the ~mised prkmi5as ara apart: (n r..r pf Sur..h dames tha, tenant. may of his option rep»ir iii;i dafiii}~~, and. if Such d8inagE has Occurred in the demised prprr,ises or On bi.C(iunf of the defects in the r1Fff,1~:P.(1 prt?rnisF ar~inst whir;h the tenant. had ~ra~ to make rapairs, the tenant shs~lt tiler euN~~~l a~ul~te r~:,F;{an;ibil#ty for the cpsts of repairing suctr dar,age, if tenant.€ails to male suett atnrt?rnentit,neri repairs aS are ner,P.ssary, tha 1~cnr may et thifi ot"tinn repair such dames, bred the tenant shell thereupon reimburse the lessor for the casts of repairing such dama~. {f ;re tenant fails to perform any of the covenants or agreements herein. pro~~ided .. 7 ~ "pecsri~rtiOn by l=ire" (Page Two) 1t is TUrthGr agr~d between the Lessor and the Tenant tt,8t if during the term o€ thl ieos~ the dP.mtSP.d f1rFm)SPS nr the improvements therP.lin Shall bR fntur~t Or destroyed by flra. or the. elements, tic througl•, ony other cause, so as to rer,dGr the ~rli,ed prErrtses unfit for c~.cupar~~T~, cr maka5 it impossb)e to conduct the business of the Tenant thereon; or to such an extent that thou cannut be repo#reu will, reasar,able diligence withlr, thirty (30) days from the happen#ng of suc~l tniury, then the lessor may- terminate th#s ie~e and the term herein demised from. the date of such dama~ or destruction, and the Tenant shah #mm~liate#y surrender the demises pram#ses and alt interest therein to the Lessor, and the Tenant shali pay rent only to the t#me of the happening of such injury; and in the rase... C .:>eG "~Gpalr of Preto, i;ES After Fire" (Page Two}. f howt?~~ar , thF rtumisari prprr{iSes sh~11 bE sn Stig!;tty injt!ra~i by any causa arnraS{airi, efi n{ *,~ v^~C~t J:+Gi.: Urifli It.}j lrvliUFlt]iliJy, l1iE'ir{ lhG LhiJJ~/~ :r~tu'fi ~-C~1tl1I taG :rtltii'v 'fY tall rG3.,~+. ~~jU~G rr''^'~~~tf,F=.=inn' ifl Pkt'PF?f1 fQl)r WP.t?kS), anti In th?~ r~5o Pape: Tw. ,1 .~Fi' fill tif) ~ i 1 Ir , ~ 1 fs, ~, l .. J~IU" : tiji;lU tlliU QU~GGd Wttil reJ~JGLt tl~ di 1 attCrGtiUr1J CIIL! rcpetr5, irllpr~JYCittGilJ or ArntlRn~. tfi ~8'~t (iFriliSPfi pCrP.tt1ict?G, or any part thPrpstf, W'hll:h Stt~flt tlrly t;tF. With the, Writtp^ siJ~,:fl; ~',` i71G 1C,',.j,~' ilia tG~lCOilt Jhaii anU Vr lil In Gi7'v`t It J tlrl ' r, "~ ,t i;E Sa'vC Sold ,BS~ur H.tu S~~tu pre.,,l~:; fr;r~t='v~=r- harm ia5c ;~nr frar= from aii costs, ~emanas, inn anr~ lia7ility of every kinn enrtrharactFr wtlict, n~~ay be claim', asserted or charged, including Liat{llity to adlxent owners based upon#rte its of nenliganrP of saki tenants. or their agents, rnntractors or empioy~s, or upon tha negiigen~, or upor, tF,e negligence of any other person or persons ina~ about said premises or upon thefailure of any or either of them to ob-serve and comply with the requirement of the iaw or wit;, the regulations of the authorities in the. Bald city of Falcon Heights and will preserve and hold the lessor and Said premier forever free and clear from Liens for tat~or and mater#at furnish°c+, n re EXi-ll~tiT '.A"~ 1. u~ shoji reari 8S follr~w^' Tensrlt hEreGy agreES that upor, termination of this lease, all leasehold impruvemertts made to iht premises by tenant nr lessor shall remain as part of the premises and shall not be altered or rGn',r~~ed b~y tenant. items excepted by this rule shah includE tt•,e lighting fixtures, and the air cnn~iitipninr~ units S) Air conditioning Burt work will not be removed by tenaflt. i• srq Sh:,l! read?S foil~w~. Ctjn~i,inotiun ui' v8;{{IUiltlOn. Should the Shopping tenter of which the derrllsed premises is a pa~~t t?a N,n~mna~ ~~r shn+;lf! tha lbn!ilnrd (lgcida to ci?mCiliSh th? Ct?nter, the iandlOrrt Shall giva. tha Tenar~; or,e ;{undrei, t'~:Gnt~ (t ~C) days notice. J CIiY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612-644-5050 August 19, 1988 T0: City of Falcon Heights Planning Commission FROM:. Dick. Larson, .Falcon Heights Building Inspector, and Terry Iverson,~,~'alcon Heights Fire Marshal RE: New business to be located at ..1550 Larpenteur,-2nd floor,.zoned B-2 retail. Name of business "Neon Alley" Recently if has been brought to our attention there may be some confusion relating to a proposed business to be located at 1550 Larpenteur, 2nd floor of Northome Shopping Center which is zoned B-2 retail. We feel this memo will clarify any questions regarding this proposed occupancy. On 8-18-88 we contacted Duane Grace, Minnesota State Building Code Consultant and asked .for an interpretation of the current building code regarding the matter of the "Neon Alley" to be located on a second floor of a type 2-N building. We also mentioned this business. was in a B-2 occupancy, although_ the proposed business may be marginal as to an assembly interpretation. Mr. Grace interprets the building code in this situation that the "Neon Alley" would be an A-3 assembly occupancy, even though the rest of the building is determined B-2, the`poal hall area l.$,.be.an,ass~ably occup~n>ry, Therefore using the current Minnesota building code the "Neon Alley" would be in violation if located on the 2nd door of this type 2-N building~'(see attached excerpts of current .building code). Mr. Grace suggested the building`' could be remodeled to meet tgpe''2: bni~dtng~~cdde requi~reme>zts by adding one hour walls extending to all bar'3nists at the ceiling and solid core doors ti.th self closers with a (20) minute -rating inccorrid~rs. ~ ~Ais also- would allow the proposed business to occupy the .2nd floor with an occupant load of (50), taking into account (10) proposed pool tables and assorted games. In conclusion, even though the shopping center is zoned B-2, the proposed Neon Alley" would have to conform to assembly requirements per the.. current building code. An assembly cannot be located on the end'floor of a type`<2-N building.` The building could be remodeled to a type 2 occupancy by installing one hour walls to ceiling bar foists and solid care 20 minute doors with self closers. If remodeling is considered, 'plans should be submitted for prior-:approval. HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE We hope this will c~.arify this issue and we apologize for any confusion between tie first.-memo. and this one. We felt after gaining access and actually looking at the construction of .this building and determining that Neon Alley" would be considered an assembly, that we also wanted tb get a proper interpretation of the current Minnesota uniform building code by a building code consultat-t. i i• t r . art • tr. ~ ~a ~•• ~~ ~ . ,~ •a'~~~ ' rs •S r ti 1r.1 • s S~r a crti~s1'd a~~rY .. r~a• rer 1101' tlNIFORM a hapter 19 TYPE 11 BUILDINGS D~finitian Sec.1901.The structtrralelements is Type IIfire-resistive buildings shat! be of peel, iron, ooncnete or masonry• fie strttcairal elements of type II Oa-ltow or II-N baildings shall be of noncombustible materials. Walls sad permanent partitions of Type II-F.R. buildings shall be of noncom- bttpibie fu+o-resistive construction, except that permanent »oobeariog partitions of one-barn ortwo-hour fire-resistive constructi~, afiich ate not p~srt of a shaft enclosure may have'fire-mt~dant tnearod wood (sx Sectioa 4d7) Midun the TYPe II One-hour 'dings shall be of noooombttstible coastrnctson sadone- hoar fire rear5hve~xG wOOd _ ~ ~ ysrtti5efete-n~arda~s.a ;o a~. S.fire-resipive negnirernents are maintained. Walls and pamaneatpartitions of lype II-N bnt'ldt'ngs shall be of noaooatbusti- ble materials. Materials of construction and fue-resistive requirements shall be as specified in Chapter 17. For requirements due to occupancy, see Chapters 6 to 12, inclusive. StrUCtUral FiatTIeVYOrk Sec. 1902. Structural framework shall be as specified in Chapter 27 for iron and steel, Chapter 26 for concrete and Chapter 24 for masonry. Exterior 1Mells and Openings Sec. 1903. (a) Exterior Walls. Exterior walls and all structural members shall comply with the trquirements specified in Section 504 and the fue-resistive provisions set forth in Table No. 17-A, In Type II-N and Type II One-hoar buildings, exterior walls shall comply with the fire-resistive requirements set 1 forth in Section S04 and Table No. 5-A atad Table No. 9-C for Group H Oexvpan- ti ties. 4:E1[CIE?71ONS: 1. Nonbearing sails frosting on public way: or yardstiaviog a width of ~ last 40 feet may be ofaoprotecsed aooeoaibustibk caostrnctim. 2. InGroops R, Division 1. andB Oecaipaacita, exteriorbaring walk oftype II- F,A. buildings maybe oftwo-boarfr~e-res~iveaotbkoomtcactianw6ere apmings are perrmtted. 3, mother than Getup H Occap®cia, erttetiar noobeariag walls of'lype II-F.R. five aoocombush'bk ooasn+xEion wteerehowGaiWingsmaybeofone- aaprotecsed openings .ate permitmd and two-how fn~raistivc noocar~ustibk oaastreictian where fire protection daptwings is required. 4. In aGroup B Occup~mcy afue->es~ve time period will sotbe regaued far an easrior watt of a one-story Type II-N- building, provided. the floor area of die 122 1 i - - - .. _ - j _ . J : ,..yam >, - 3324, 33-A t UNIFORAiI BUIL~NQ CODE Cross aisles located within th 1>a98 EDITION eseaGnlessthan26incheshighalong ~ frong ales shall ~ provided with guardrails notofthieasle.EXCEP'T'ION:When the back f hsotinchesore seats in front of the cross aisle ptuject 24moreabovethesurfaceofthecrossaisleuardil t g ra s may be omitted. TABLE N0.33-A--AAINIMUhI ET3REgS AND ACCESS REOUIRENEhIi+g 11. Ezetrisin Rooms Twooars~ ~o~n 12 tart THAp EtFYgpt1 a~IlSr 13. Hospigls snd Sanitariums- vnovtpdprr ~HomesNtus taontttt:C~ N i2WE. O ATLEAgT 14. Hotels and A nts Sq.Ft) AS~A~~1. Aircraft Hangars 15. Kitchen---Commercial no re air) 10 16. Lib Readia Room 2. Auction Rooms 500 Yes 17. Locker Rooms 7 Yes w3. Assembly Areas. Concen-18. Malls (see Cha .ter 56)traced Use (without fixed seats)Auditoriums ~ 7 Yes'19. Manufactutin Areas Churches and Chapels 20. Mechaaical ui ment Room Dance Floors Lobby Accessory to 21. Nurseries for Children As Day care) sembly OccupancyLodgeRooms 22. Offices Reviewin 23. School Shops and Vocational Rooms Waitin Area ~24. Skating Rinks 4. Assembly Areas. Less-con- 3 Yes' ~ centrated Use Conferet><x Rooms ! S Yes+ s 6 Dining Rooms 8 EstablishmentsExhibitRooms 23. S and Stack Rooms palsi~s 8a 26. Stara-Retail Saks Roorns Basement 3. Bowling occu t load for bowlin 27. Swimming pools6. Children's Homes a d ~nHomesfortheAed 67. Classrooats 80 Yes' 8. Courtrooms ~ 20 Yens s~ SO 40 Yes9. Dormitories 28. Warehouse 1010. Dwellings SO Ycs'29. AU others 10 ,300 No Foorno tT84 /Contin+red) i• g~~ ~~ a~ ~ ~ . r E C 'A Z r~i t Noway ~~irr~wMU~ aoa~ wr~8 Nao~n s Y6 z 0 p~ t~ m Q O C L7 ao ai M. PLANNING REPORT DATE: CASE NUMBER:. APPLICANTS LOCATION: ACTION REQUESTED.: 9 August 1988 1-88 Chico Ferdowsi 1550 West Larpenteur Conditional Ose Permit, Pool Hall in B-2 District PLANNING CONSIDERATIONS: 1. The property fn question is located at the southeast corner-of the Larpenteur and Snelling intersection and is zoned B-2, Retail Business District. A billiard or pool hall use is a Conditional Use under the B-2 zoning regulations. 2. The material submitted included copies of the lease arrangements with tie land owner and a hand drawn sketch of the proposed use:However, there is no information on the following issues:. 3. 4. a) Exterior of the building and building materials; b) Business signs: size, shape and location; c) The exact location of the pool hall to .neighboring businesses; d) Off-street parking expected to be generated by pool hall use; and e) The interior of the business. An important consideration is the hours of operation from Noon to 3 a.m. These hours are not the normal business hours for a community business center. Although there is no liquor involved in this operation, control of the patrons on-site and off-site can becoae a public safety issue. .Therefore, the City should have a clear understanding of the acceptable hours and sake the time a condition of the permit. An important consideration the City should investigate is the use of an Annual Permit to control this type of business. Regardless of the nature of the applicant, once the City issues a Conditional IIse Permit the property can be used as a billiard hall under any owner. Therefore, the R• ~• Cbiao Ferdowsi, Case loo. i-B8 •• Page 2 City should have a direct method of enforcement with acceptable conditions that can be monitored in a fair and equitable manner. 5. Before proceeding with this application, detailed information of the .subjects listed above should be` submitted for review and approval prior to approval of the Conditional Use Permit. If the.City wishes to approve this application, specific conditions should be attached to the permit controlling each item of concern. i• I•cm a FALCON HEIGHTS X077 W. I.ARPENTEUR AVENUE FALCON HEIGHTS, MN 55113.5664 PHONE 612•dt4-5050 CITY OF .FALCON HEIGgTS iCiIICE ur ru~Lll: lirdKlIVG - ~~ FOR CONDITIONAL USE PERMIT TO WHO*i IT MAY CONCERN: Notice is hereby given that the City Council of the City of Falcon Heights, :;innesota, will meet in the .City. Hall, 2077 W. Larpenteur, Falcon Heights, Minnesota at 7:15 p.m. Acgust 24,.1988 to consider a Conditional Use Fermit request made by Chico Ferdowsi to operate a pofll hall. in a B-2 Business District. (Northome Shopping Center, Southeast corner of Larpenteur and Snelling). Dated: July 29, 1988 3iinet R. i~Tiessner Administrator JW/sr v s K1ME OF THE MINNElOTA STATE FAM AND THE. U OF M METiT1Jg OF ACiRICULTil1E f ~J ~ Sg~ To: Falcon Heights City Council From: Falcon Hts _Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hall We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the. proposed pool hall, to be operated by Chico Ferdowsi: Name: Address: 11 p~ ~~ ~1~~ i• 7 A r n;c~, C~ , 7f !~1/ I A v r To: Falcon Heights City Council From:. Falcon Hts Residents surrounding Northome Shopping: Center Subject: Entry and Operation of Pool Hall We, as residents surrounding the .Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed pool hall, to be operated. by Chico Ferdowsi: , Name:Address: 4~ C ~ r`-~~ Y '6d >tic ~ o c ~, i~~ pp 1 ~ W o~at..c t 13 ~. ~a~c~ ~C,v~e w . _ i. J~.:L 6,~ ls~~ r To: Falcon Heights .City Council From: Falcon Hts Residents surrounding Northome Shopping Center Subject: Entry and .Operation of Pool'. Hall We, as residents surrounding the Northome Shopping Center Snelling .and Larpenteur), are opposed to the entry and operation of the. proposed ..pool hall, to be operated by Chico Ferdowsi: ame Address: si ~J ~~ ~ S. / Z Gc'. _ c~ G ~ i r M~ ,..~ i~~~ Au ust 17 1988 C~ g ~ To: Falcon Heights City Council From: Falcon Heights Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hall We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed poolhall, to be opeiated by Chico Ferdowsi: Name: Address: 5~ W u r 1~.~--~ / ~ b I bd -~~-dam"O ~~-~-- Gh r . ~ ~ J ~ 1 ~ 'F'~.~ a ~tr~2.. . n U f, ~ ~ i• i• 1-Qi~K1 Q~_ 1 f .S/U ~t'JQQ.rI ~el,L/ ~~• #~ August 17, 1988 To: Falcon Heights City Council From: Falcon Heights Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hall We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are .opposed to the entry' and operation of the proposed pool hall, to be operated by Chico Ferdowsi: Name: Address: 7 __ 1 /D L e ~ ~~ S l o L ~ `p ~ f ~vr ~ 5 l ~ ~ ~" I510 # I i• August 17, 1988 t. • To: Falcon Heights City Council From: Falcon Heights Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool HaII We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed pool hall, to be operated by Chico Ferdowsi: Name: Address: P / ~ (~ C ~ 7" r /,(/ ,~l L" (J 1E1'~~ ~_....~, /Kn'7 Let ~: ~, /re~~.t.s ~ i'YI ~~1~~ y 4 ~,"~ . .. M~+~rr. ~L y~' ... F.~,, ~t~~1f~i~I~ 7'O~! L~.u i., rrlia , s. n r ti 3 ~~ ~1 ~ ~f Y Iw+ a-0 ~.. - .~.y tts~h ~~~putl~ s#~~ta aa. it'<<ass~na~caxra~1.t.. L 1. ~.y y .. 1 . iii •. • _, fix F i r , 3 i9 Hug 19b9 Delinquent Accts.Rage 1 fri 7:30 AM City of Falcon Heights Billing Group Nua 3 C~G-vh.,rvw~.c~' ck..~ nt Nunber 32 Bill Mtn Seq Nun 8rp Account Bk in of Phone Accour-t Nun Nunber Nun Bk Service Address Billing Maee tMt Nunber Balance Count 3 .01781-32-0 001 032 1781 N. Prior Ave.Stratford. ~ ~ Imest~rts 1 -188..81 1 Totals Billing ~P ~ 3 188.81 1 Billing Group Nue 10 10 01733-01-3 1733 N. Albert St.Otterkill, O.T..1 -120.52 1 10 01892-01-7 1892 N. Rlbert 5t.Yonan, Oksana 1 - -156.35'1 10 01725-02-5 1725 N. Arona St.Larson, Charles 1 - -61.29 1 10 01771-02-6 1771 N. Arona St,6utziwrm, Kathryn 1 - -58.32 1 14 `.'.01864-02-3 1864 N. Arona St.Jorve, Eric i - -i^c0.52 1 10 01900-02-8 1900 N. Arona St.Basil, Daniel 1 -' -120.52 1 10.01732-03-8 1732 M. Asbury St.Kober, Albert 1 - -12(!.52.i 10 4i790~-03-4 1790 N. As~ry St.Nywn, Douglas 1 - -8.26 i 10 018413-5 1801 N. Asbury St.Sneby, Howard 1 - -120.52 1 10 01947-04-3 1947 Autunn 5t.Rogers, ~lilbur 1 - -94.16 1 Totals Billing Group Nun 10 li ing Group Nus 11 9~o.y~ I1 01354-06-7 1354 N. California Ave.Greiner,. Karen i - -30.55 1 11 0139b-06-1 1396 W. California Ave,Fisher, Jack 1 - -120.52 1 11 01547-06-9 1507 W. California Ave.5arnoski, Edward 1 - -33.24 1 11 01546-09-9 1546 Crawford Rve.Peck, George 1 - -3Z 14 1 Totals Billing Group Nun it 221.45 4 Billing Group Nun 12 12 01781-18-4. 1781 N. Hasline Ave.Yestlund, Robert 1 - -31.35 1 12 01625-19-6 1625 Hollywood Court Koecher, Cynthia 1 - -10..96 i Totals Billies Group Nua 12 42.31 2 Billing Group Num 13 i3 01342,23-6 1341 Y. Idaho Ave.Henderson, Tin 1 - -61.03 1 1 13 01505-232 1505 N. Idaho Ave.Travel, idabert 1 - -120.52 . ~ _1 Totals Billing Group Nun 13 3 Iling Group Nua 14 i S r 19 Aug .1988 Delinquent Accts.Page 2 Fri 7:30 AM City of Falron Heights Billing Group Nuo 24 Account Nu~beti^ 26 1 Mtr Seq t 8rp Account Bk in of Phone Account NuM Nuober Nua Bk Service Address Billing Na~ae lMt Nueber Balance Count 14 01372-26-5 1372 W. Larper~teur Ave.Rustad, M. C.1 - - ~120.52 1 14 01386-26-2 1386 W. Larpenteur Ave.Olson, Robert 1 - -120.52 1 14 01422-26-7 1422 W. Larpenteur Ave.O'Neill, Detrick 1 - -120.52 1 14 01893-2b-7 1893 W. Larpenteur Ave.MerJanian, Burke 1 - -38.99 1 14 01628-,28-3. 1628 Maple Knoll Dr.OMnerJQecupant 1 - -30.55 1 totals Billing Group Nw 14 6 Billing Group Nua 15 3/. l o 1 1 _ 15 01770-38,4 1770 N. Si~pson 5t.Veber, Tony 1 - -120.52 1 15 01853-38-8 1853 N. Siepsort St.Zappa, Russell 1 - -58.32.I 15 01879-38-0 1879 N. Si~psan St.Kuettel, Paul i Laura i - -58.32 1 Totals Billing Group Nwa 15 g 3J/!o Billing Group Nur 16 01850-39-8 1850 N. Snelling Ave.Webster, John 1 - -120.5E i Totals Billing Group Nub 16 120.52 1 Billing Group Nue+ 17 17 Oi785-40-5 17xx St. Mary's St.Q'Cornaell, Robert 1 - -16.58 1 Totals Billing 8roup Niu 17 16.58.1 brand Total 34 ITl,M DESCSIPTI~: Disbursements 8lTE~IZtTED EY: Al Rolek AE9I~ sYs `Shirley Chenoweth E]cPL1WATI01~jSUi~iARY {attach. additional sheets 'as necessary) a) General disbursements through 8/24/88 74,933:39 Sinking Funds"$128',637.64. b) Payroll 8/1/88 -.8/15/8$ , $10,894.18 c) Statement ffotn Dahlgren, Shardlow & Uban through 7/31/88, $1 21Fi.5U d) Statement from. Maier, Stewart & Assoc,through 7/23/88, $4,143.42 e) ,Statement from Jensen, Hechen,"Gedde &Soucie for Julg, 1988 $x,471.17 ACTION REQUESTID; H x d O N Iii N o N N a cn M C9 O z x OOOONOOOO~-+O~u1O1~u1MOv1~Of~u~N c+~Op~ppp~O-aOONrY u~ON~0OOO 00OOOO0~OOOO011110~v1~p.-{apMONri~7opO ~~y'~p1~O~Ocr1~pO.7r-Iu1OM0~OOO 00 O-r100O~tO~~D0~7~'I~Mu1r-Ir-{.-rMtl~Op ONOI~OOOO~CMMr-IOpMu'yMNCO V'tOpO~7N~t NNOP~O~111N~t1~u'1a0N~~CO~n~MN 111111 00M~--I ~D~71~Op011~N~1'1~~pr-1~nN.-~Nr+•--i1I~ N ~C ~7 ~t 00 N r-I N r-1 rl C7 r-1 I~ NwwwwwwwNrlr-I N O ~7 M •N m 3~1 O Gl a 0 1 M F rl u m b O i V >•+ rl t0 DO m ~ u ~ua~i e0ob o ~ o coy ~ ~,u o •~1 U o ,~ m ~.1 riiOiA00O _ N ~ ~ O 1H ~ - ~ ~ _ F+ 1tl .-~I ~ ~ 1 W ~ v I ~ ~ v o .~ ~, ~ o u d s~ .. ti-I .-I a~ o - - -la a~ a~ u a w ,-I a~ ar co .o ~ u dmourxa~ o T+ a- +~ caw m m m ,a m ~ m m ~ oo r-I rl o .; ..-~ ,~-Io >•+ m .~ >•+ m a moo a~ s'a U > a~ a v o v p ri cd +~ cti a~o u >•+ ~ ,a moo a~ ,~ •a v a~ q w a la ,~ w ~ ,a .~, ~ .i ,~- o ~ u ,~ c~o ,U-I ,~+ a~i d ~"~, v ,C ,'i W u >a ~ u can a v' a ~ w ~°+ a~i its ~ ~ tad aoi ~s~ x w o m .c a~ a m ~., ~ ,~ v v p a w a x +.1 a~ a~ ,~ A oG Gmf-+ ,C .~ q u a .c r-I c>y .--i G~ m m N~ O O .-1 7 p O r-I P4 m o Nt~ w m U V GJ q 0 p, O ctl >•+ >, O O Cl N .1.1 cd v] N w cn Ol W O rI N O 6 +~ b1-1 m o r-I a~ .~ ~ w cn ~ ~ v +~ +~ pa «f .--I ~ G m w p o = O o 0o U ~ O a! 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C! m .C d D+ +~- O ,~ ~ co a1 ,~+ o ~ >•+ cd H >'+ ,1r ~ ~ d a.r N N w ~ U3xacoucowQwNa+ cd o x o w ~+ m b ~, m v a a w u +-I +~ v> >a x l ~+ o 0 00varlm,aooo4wn~ ~+v vacna~a~ a s~cn~o~pcowlaocn H o0 oar CoIo00 •.-t ~, eo O s.1 0 0 w a~ 3 ~+ o o co ~ H w o ~1 G O P4 00 e6 Q 0tdCAHr-1 O ,1] N 1tl F.' eb m p, t". ~, 1+ 1-i U 6 1J U L+ U .C D L w m m >+ ,-I cai >,+ d faGclr1 ~L H >•+ O U C7 d r-I 41 Gl d 4l 00 N O d Ol f•+ 1•+ i+ +1 7, .C Y1 N - .-I q x ttl FOhmOQOYiU~ t~ m m m +-I ,C v] H H u 00 H 00 ,--1 O 41 O a7 u 00 cl 7 d O 3= O ~~1.+ co a~ o E a cv o ~ ,aI C E o c6~ .c a. w w m 1~ ors .-1 .a a a+ a~ m ,-I ~,-I ~1 ~, ~, o c>~, la co 0t° v °i --oi,~ H cn -a aot ~ ~ ~'~ am4 ti x A col ~ d d v E-`oi d~Eo+ voi cn~ w ro+a~a ~ a~C ~ cm~ via x ~4cma -~iA M~tv1~Oi~000~0•rNM~t111~On000~0^~NM~Y'111~O^000+0•-1NM~tu1~D1~o00~O•-1 Nc")~YU'1OO ~ O CO CO DO O~ O~ O~ O~ ~ O~ O~ O~ Ou O~ O O O O O O O O O O ~--~ ~-+ ---1 ~--1 •-~ ~-1 .-a r-I •-i .-+, N N N N N NOOOOOOOOOOOOOOOOO •-+ .-+ .-1 .~+ .--1 .~+ .-+ .-~ .-~ ..~ s-i .-1 .-~ .--1 .-1 .-1 .-a •-1 ,~ ,..~ ,..~ ..-1 ,...1 ,..1 ,..1 ,..1NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN'NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN 1 1~ OOOOO<''1OOOOO~0o~Oo~OOu1.tOOOOOOu'1~r1O0NO~M Oo0OOr~p N NN NN00O01.-r~Or-I~7 cr'1 O~"1OOr1 f~ r ~ .-+ .-~ ~ ~ M r-i u'1 .-~r1 O u1 O O CO C~1 rn rl n 01 M ~t O rl I`~C i u'1 O~ cr1 0'1 u~ N N ' O p H N m b p m O b pq ~ O P4 Q H H m t7 ~ HN Lr p .b ~pp N M pC p~ N e-I H H a a D Hcc _aoai ai s~ q ~ [~i t~ +~ v eo 0 o ao at r-I r-l a+ ,-1 a4 m ~+u, a a oa ~+a~ ~ x ai ai~orn o a v ,a ~a~ a- .o ~ ~ a~ cncnwwr~~r~r~ ovooozsw 0 0acd3 N = = = = a~ +~ +~ ~ .u ~+ cn w m o o m a~ ~ o v~ ~+ cd o a~ a~ v a~ a~rx a~ a~ ~ a~ w u ,o U i~+ ~N Gl Cl 41 N v ~+ a~ v a a o==== a~va~a~oa~aaaooP4P4VWRSP-it!]HHHHH O ti-1 ao aD r l @@ O an d m m U z oD s'+r-I N F H jJ ~Q w V ~ o a o o~a a 1 cd eo aoaaa aa H d Gl d N F+ ~I~". r-1 r-I oo a~ aai m o o 3 M ~ iu oo ~o .c v ,a~q i a O td cn ~ ~+ ~+at as a~xo a o,~v p o daal~vAalgalvovv.a 3+~zaizo zw .-a cc x ra >a a~ a~o ~as oe ~ cd a -~ ~ 3 s+ ~sa o r a~ ~+ v crs 3 a~ w v o cd a~ at H at a~ ~+ o ti ao ,-~ a~a v oo v u 1~ ld GC1 td Ol • b N M ri O ti-1 N rl ~rl x O O ~YI c0 RI 1 ,atia4~aa~ti~c~cnaa a~E O 8 rl E A dzdti.d w HOi~ 00 O~ O .~ N r1 .7 u1 O 1~ NNN N M,t''1t~"ff+lc9M r'1M a .--r .-a ,--~ .--~ .-~ .--i .-~ ~ .-~T-~C tom. aD O~ONNNNNNNNNNNNHMer1MMtNNNNNNNNNNNNto 12 Aug 1988 Paid Register PageFri1:54 PM City of Falcon Neights 1 1 a Check Eeployee EsPloYee Ray pay Group pay Group CheckNumSerNunberNavePeriNusberDescriionCheckAmountDat Status 016723 016724 4 0.00 15-Au -88 VOIDg 016725 000000002 Yiessner, Janet R. 0 15 01 ssi-eonthly 0.00 15-Aug-88 VOID 1,123.06 15-Aug-88 Outstanding.016726 000000004 Kriegler, Carol J. 016727 t~00000011 Chenoueth Shirley B 15 01 seii-monthly 281.80 15-Aug-88 Outstanding 016728 J00000020 Iverson, Terry D. 15 15 01 01 sesi-ronthly 673.59 15-i~g-B8 Outstanding 016729 000000027 Mor9~, JaY M.iS OY swi-mthly seni-sontAly 89P.46 15-Aug-88 OutstaMing 629.07 15-Aug-B8 Outstanding016730000000031Rolek, Alan J. 016731 000000038 Nright Vincent D 15 01 saeiyonthly 691.17 15-Aug~BB Outstanding 016732 000000043 Rosser, Sue R. 15 IS 01 O1 se~i-nonthly seu-~o~rthl y B2b 20 15-Aug-88 Outstanding 342.94 15-Aug-88 Outstanding01573300000004816irshall, Tiaatfiy 016734 000000050 Kubes Jan E 15 O1 sesi-sonthly 329.21 i5-Aug-88 Outstanding 016735 000000056 Schultz, Jeffrey L. 15 15 01 O1 sesi-soethiy 346.39 15-Aug-88 Dutstarding 016736 OOOOOOOb7 Klosterboer, Jira N.15 01 sesi-sonthlr ssi-sonti~Iy 319.83 15-~g-88 Outstanding 174.06 15-Aug-98 Outstanding016737000000058i~ard, Julie L.15 01 ssi-Monthly 417.91 iS-Aug-88 Outstanding016738000000061Kelly, Jaws E.-1S Ot ssi-sonthly 161.44 15-flog-88 putstandirg016739000000003Bausam, Nicholas 8. 016740 000000005 Berndt Ross 8 02 eonthly 1 400.23 15-Aug-88 Outstanding 0;6742 000000006 Bianchi, David P. 8 B 02 G2 rorrthly 1 sonthly 1 177.00..15-Aug-88 Outstanding 97.00 15-Aug-88 Outstandir~q02674204Cr600007Bianchi, .;oseah D.8 02 agnthly 1 138.00 15-Aug-88 Outstanding016743000000008Brcwn, gayrono F.8 02 onthly i 230.00 i5-Auo-88 Outstanding0:5744 000444013 C:arkin. Michael D.8 02 sorthiy 1 102.50 25-Aur-88 Outstanding0:5745 OOOtX10024 rav, "!ichaei J.8 v2 eonthy 1 189.00 15-Aua-6A Outstanding7:6746 OOOCOCrUiS Oow-+eii, Ralph L.8 C~'monthly 1 26.50 15-Aug-88 G~ltstanding016747OC~,~i00016 ~uier, Jao;es ~,8 ii2 eot,thly 1 156.50 15-Aug-b8 Outstanding1fi748ODU00001$ ;~+:~gren, ,;ohn M. 0 7 8 42 ontnly 1 I54.U0 15-A~~g-n8 Outstanding1643060000422K~rha;etz, Cleoent fit.8 02 sontniy 1 165.50 15-Aug-68 Outstanding016750000000022Le?!ay,uennis 5.8 02 sonthly 1 123.00 15-pug-t38 Outstanding016751000000023LeMay, Douglas 8 42 sonthly 1 102.16 25-Aug-88 Outstanding016752000000024Lindig, Leo 8 02 sorrthly 1 87.38 15-Aug-88 Outstanding016753000000025McDenond, Cindy K.8 02 earthly 1 86.00 15-fiug-88 Outstanding0!5754 000000026 McNabb, Herald 8 02 soethly 1 52.00 15-flug-B8 OutstaMing016795DOOOOOOrgOlson, Joseph 6 B OZ sonthly i 48.50 15-Aug-B8 Outstanding016756000000032Schaefer, Richard A.8 02 eonthly 1 37.50 15-Aug-88 Outstanding016757.004000033 Schauffert, Craig F.8 02 earthly 1 112.50 1S-Aug-88 Outstanding0167580000000.34 Seida, 6x11 A 02 .earthly 1 141.00 15-f1ug-88 Outstanding016759000000039Morgan, Jay B 02 eoerthly 1 125.00 15-Aug-88 Dutstandirg016760000000040Kayser, Douglas 8 0~^eonthly 1 197.00 1S-Aug-88 Outstanding016761000400042Stolz, Steven P.8 02 earthly i 54.50 IS-Aug-BB Outstanding016762000000044Blanchard, oatricia M.8 02 aonthly 1 20.50 15-Aug-88 Outstanding016763000000045Gilbert, Jenbee J.8 OQ earthly 1 108.68 15-Aug-BB outstanding016764000000046Holegren, Jahn H.8 0~2 earthly 1 185.50 15-slug-B8 Outstanding016765000000047McNabb, Kevin 8 02 eonthly i 111.50 15-Aug-88 Outstandim~016766 000000049 Anderson, Kevin L.8 02 eonthly 1 235.00 15-Aug-88 Outstanding 10,894.18 s COtiSLiLTII~G PLA!~NLRS LANDSCAPE ARCHITECTS 3f)fJ FIRST AVf!vCIE NORTH SUITE 2I0 MItiNEAPOLIS. 1.1\ 5~-3U1 hl2.33;'•3 3UQ 08/05/88 City of Falcon Heights 2077 Larpenteur Avenue, W. Falcon Heights, MN 55113 ATTENTION: Mayor and Council RE: Technical Assistance (#0150100) Statement of Account DAHLGREN SHARDLOW & UBAN, INC. For professional services during the period of July 1, 1988, through July 31,.1988. SPECIAL TECHNICAL ASSISTANCE Preparing/Meeting Planning Commission Office Hours Writing Reports for TA Contract Letter re: Public Hearing Research Review Graphics Phone Calls A. Carrol Secretarial Service Copying/Collating Total Time 1,218.50 a f j E T 4 Expenses Mileage Postage/Shipping. Photocopies Total Expenses ~ .. 62.09 TOTAL TIME $1,218.50 TOTAL EXPENSES $62.09 TOTAL CHARGES 1,280.59 VARIANCE 447.26 TOTAL PAYABLE AS PER FIXED FEE CONTRACT 833.33 C. John Uban I• I• i• 08/10/88 Period of July 1,1988 through July 31, 1988, SPECIAL TECHNICAL ASSISTANCE Preparing/Meeting Planning Commission - 880716 RJD 00030 03500 105.00 Office Hours 880731 RJD 00060 03500 210.00 Writing Reports for TA Contract Letter re: Public Hearing 880723 RJD 00010 03500 35.00 880731 RJD 00040 03500 140.00 Research 880716 RJD 00070 03500 245.00 Review 880709 RJD 00040 03500 140.00 Graphics 880723 EJH 00025 04500 112.50 Phone Calls.A. Carrol 880716 RJD 00010 03500 35.00 Secretarial Service 880723 GMS 00018 03500 63.00 880731 GMS 00005 03500 17.50 Copying/Collating 880723 GMS 00033 03500 115.50 Total Time 1,218.50 Expenses Mileage 80716 RJD 00400 00030 12.00 880731 RJD 00600 00030 18.00 t Postage/Shipping 880731 00000 00100 0.29 T Photocopies 880731 00000.00100 31.80 Total Expenses 62.09 TOTAL TIME 1,218.50 TOTAL EXPENSES 62.09 TOTAL TIiIS BILL 1,280.59 VARIANCE 447.26- TOTAL PAYABLE PER FIXED. FEE CONTRACT 833.33 C. John Uban i• i• s .« i• i• i• Ui~iAi r OONSULTING ENGINEERS Maier Stewart & Associates Inc. City of Falcon Heights 2077 Larpenteur Avenue West Falcon Heights, Minnesota .55113 Summary of Engineering Services Rendered June 26 through. July 23, 1988 Project # Project Description Invoice # Amount Due 330-000-00 Falcon Heights General Service 768 $ 80.85 3.30-007-70 Ciatti's Parking Issues 769 $ 3,352.12 330-008-20 1988 Street Seal Coating 770 $ 476.59 330-009-70 Street Maintenance Program 771 $ 233.86 TOTAL ENGINEERING SERVICES RENDERED THIS PERIOD $ 4,143.42. I hereby certify. this represents a true and complete picture of the charges for Engineering Services during the period in question, and as such,. constitutes aclaim against the City of Falcon Heights. 1559 SLOAN PLACE, ST. PAUL. MINNESOTA 55117 612-T74-602t F Y Maier Stewart & Associates 1959 Sloan Place St. Paul, Minnesota 55117. Project: 330-000-00 FALCON HEIGHTS GENERAL SERVICE Invoice No. 768 August 5, 1988 Page number 1 City of Falcon Heights 2Q77 Larpenteur Avenue West Falcon Heights MN .55113 For Engineering Services Rendered From June 26 through July 23,"1988 Professional Services COSt DPE Profit.. Date Hours Rate Mult Rate Mult .Amount Project Engineer Terry J. Maurer Other Billable 7-09-88 1.50 22.00 1.00 22.00 2.45 80.85 aff Labor Expense: 1.50 80.85 80.85 TOTAL THIS. INVOICE 80.85 Ramsey County Technical Advisory Committee Meeting i• I Maier Stewart & Associates 1959 Sloan Place St.Paul,Minnesota 551 17. Project: 330-007-70 CIATTI'S PARKING ISSUES Invoice No. 769 Augu st 5, 1988. Page number 1 City of :Falcon Heights 2077 Larpenteur Ave nue West Falcon Heights MN 55113 For Engineering Services Rendered From June 26 through July 23, 1988 Professional Services Cost DPE Profit Date Hours Rate Mult Rate Mult Amount Project Engineer Terry J. Maurer Construction Administration 7-02-88 2.50 22.00 1.00 22.00 2.45 134.75 7-09-88 50 22.00 1.00 22.00 2.45 26.95 iffE neerng Mark J. Graham Construction Administration 7-02-88 2.50 12.80 1.00 12.80 2.45 78.40 7-09 -88 1.00 12.80 1.00 12.80 2.45 31.36 Pay Estimates 7-23-88 1.00 12.80 1...00 12.80 2.45.31.36. Surveyor Marvin W. Bimberg Surveying & Staking 7-02-88 7.50 17.20 1.00 17.20 2.45 316.05 Technician I Thomas E. Lindahl Inspection 7-02-88 26.00 14.37 1.00 14.37 2.45 915.37 7-09-88 21.50 14.37 1.00 14.37 2.45 756.94 Michael C. Austinson Surveying & Staking 7-02-88 7.50 10.60 1.00 10.60 2.45 194.78 i Project: 330-007-?0 CIATTI'S PARKING ISSUES Invoice No.769 August 5, 1988 Page number 2 Professional Services Cost DPE Profit Date Hours Rate Mult Rate I~lult Amount David R. Thompson Inspection 7-02-88 10.00 11.70 1.00 11.70 2.4.5 286.65 7-09-88 6:00 11.70 1.00 11.70 2.45 171.99. 7-16-88 1.50 11.70 1.00 11.70 2.45 43.00 Paul H. Ylonen Pay Estimates 7-23-88 1.00 12.90 1.00 12.90 2.45 31.61. Technician III John R . Hemming Surveying & Staking 7-02-88 7.50 9.00 1.00 9.00 2.45 165.38. Clerical Marie O. Soliz Clerical 7-23-88 50 10.80 1.00 10.80 .2.45 13.23 Staff Labor Expense:96.50 3,.197.82 3,197.82 D' ect Expenses Date Amount PERSONAL VEHICLE 7-02-88 2.50 7-09-88 1.50. PERSONAL VEHICLE total 4.00 PERSONAL TRUCK 7-02-88 47.40 7-09-88 20.70 7-02-88 38.70 7-09-88 31.80 7-16-88 3.60 PERSONAL TRUCK total 142.20. COMPANY TRUCK 7-02-88 8.10 COMPANY TRUCK total 8.10 Direct Expenses Total:154.30 154.30 TOTAL THIS INVOICE.3,352.12 Maier Stewart & Associates 1959 Sloan Place St.Paul,Minnesota 551 17 Project: 330 008 20 1988 TREETS SEAL COATING Invo ice No. 770 August 5. 1988 Page number 1 City of Falcon Heights 2077.Larpenteur Ave nue West Falcon Heights MN 55113 For Engineering Services Rendered From June 26"through July 23, 1988 Professional Services COSt DPE Profit Date Hours Rate Mult Rate Molt amount. Project Engineer Terry J. Maurer Construction Administration 7-02-88 1.00 22.00 1.00 22.00 2.45 53.90 ff Engineer Mark J . Graham Construction Administration 7-02-88 1.00 12.80 1.00 12.80 2.45 31.36 7-16-88 50 12.80 1.00 12.80 2.45 15.68 Pay Estimates 7-23-88 1.00 12.80 1.00 12.80 2.45 31.36 Technician I Paul H. Ylonen Pay Estimates 7-02-88 1.00 12.90 1.00 12.90 2.45 31.61 Technician III Gregory R. Lennox Inspection 7-16-88 10.50 9.00 1.00 9..00 2.45 231.53 Clerical Marie 0. Soliz Clerical 7-02-88 2.00 10.80 1.00 10.80 2.45 52.92 7-23-88 50 10.80 1.00 10.80 2.45.13.23 f Project: 330-008-20 1988 STREET SEAL COATING Invoice No. 770.. August 5, 1988 Page number 2 P fessional Services Cost DPE Protlt Date Hours Rate Mult Rate Mult Amount Staff Labor. Expense: 17.50 461.59. 461..59 Direct Expenses Date Amount PERSONAL VEHICLE. 7-16-88 15.00 PERSONAL VEHICLE total 15.00 Direct Expenses Total: 15.00 15.00 TOTAL THIS INVOICE 476.59 i• i•.r Maier Stewart & Associates 1959 Sloan Place St. Paul,Minnesota 55117 Project: 330-009-70 STREET MAINTENANCE PROGRAM Invoice No. 771 August 5, 1988 Page number. 1 City of Falcon Heights 2077 Larpenteur Ave nue West Falcon Heights MN 55113 For Engineering Services Rendered From June 26 through July 23, 1988 Professional Services Cost DPE Profit Date Hours Rate Mult Rate Mult 1-mount Project Engineer Terry J. Maurer Report Preparation 7-23-88 2.00 22.00 1.00 22.00 2.45.107.80 hnician I David R. Thompson Inspection 7-23-88 4.00 11.70 1.00 11.70 2.45 114.66 Staff Labor Expense:6.00 222.46 222.46 Direct Expenses Date amount PERSONAL TRUCK 7-23-88 11.40 PERSONAL TRUCK total 11.40 Direct Expenses Total:11.40. 11.40 TOTAL THIS INVOICE 233.86 JENSEN, HICKEN, GEDDE g SOUCIE, P. A. ATTORNEYS AND COVNSELORS AT LAW DOCI, EDWARD A.. JR. OT COUNSEL DUCHMAN, JOHN i. JOO ANOLA OFFICE CENTER HADLEY, CHARLES 5. GEDDE, THOMAS A. 21b0 THIRD AVENUE LUTHER, 1tICHARD L. HICLEN,JEFPREY !. HOWARD. ROSER7 A. ANOLA, MINNESOTA bb303-2288 JENSEN, DAVID L. MATi><E, PAVE E. TELEPHONE (812) 421-4110 MULVAHILL, JAMES L SCOTT, MICHAEL J. SOUCIE, FRED. M. August 8, 1988 Ms. Jan Wiessner Clerk Administrator City of Falcon Heights 2077 W. Larperrteur Avenue Falcon Heights, 1~ 55113. Dear Ms. Wiessner: Enclosed axe our itemized statements for the. City of Falcon Heights for the month of July, 1988. The total charges for all statements this month are: Professional Services $ 2,287.50 Expenses 183.67 Current Amount Due $ 2,1+7L17 Sincerely, De Etta Vigstol Finance Director enc. JENSEN, HICKEN, OEDDE & 8000IE, P.A. ATTOnn~rs ANO couns~~oes wt uw i• 8TATEMENT DATE: 07/3!/G8 >o ~~~ A~ 800201 CITY OF FALCON HEIGHTS-CIVIL A~IOKA, IYM~N~E90TA 66303-2298 T9.EPHOUE (d12y 421.4110 CITY OF FALCON HEIGHTS 2077 W. tARPENTEUR AVE. FALCON HEIGHTS, MN 55113 mvacE No. 8 7 41 PLEASE DETACH AND RETURN TOP PORTION'WITH YOUR PAYMENT ~~ PAi~ s DATE-- -ITEM- -------------ITEM DESCRIPTION---- -- AMOUNTBALANCE BEGINNING SALANCE :329.00 PROFESSIONAL SERVICES SEE ATTACHED SUMMARY OF TIME RECORDS) 1102.00 EXPENSES f.00 TOTAL CHARGES THIS STATEi~fENT :102.00 PAYMENT CHARGES CURRENT BALANCE x.00 :102.00 :431.04 Less payment 8/3/88 (329.00) Please pay ~ 102.00 rt dr ~Qon ieoeipt. irwnst w~ he ~rped on uipefd OelM~oe et the wn d 1~ per montl~ 08/08/88 JENSEN, HICKEN, GEDDE i SOUCIE F.A. 300 ANOKA OFFICE CENTER - 2150 THIRD AVE ANOKA, MINNESOTA S5303 BILLED i UNBILLED TIME RECORDS FOR FILES 800201 fILE NAMES CITY OF FALCON HEIGHTS-CIVIL CLIENT NAMES CITY OF FALCON HEIGHTS DATE- ATTY SEQ °-----------TRANSACTIONS-------------- TIME CHARGE5 070888 PEM 03 RESEARCH STATUTES RE ELECTION PRECINCT 1.20 (102.00 CHANGES i NOTIFICATION OF VOTERS; PHONE CONF W/JAN WIESSNER RE SAME PEM 1.20HRS _ #102.00 TOTAL FOR FILE: 800201 BILLED UNBIILED TOTAL TIME .OOhrs. 1.20hrs 1.20hrs. CHARGES :.00 1102.00 :102.00 I• i. t JENSEN, HICKEN, QEDDE & SOUCIE, P.A. ATTOkINEYa AND COUNSEtORB AT LAW STATEMENT DATE t 07/31/88 0 ANOrcA °~ ~ 2150 TMRD AV9~llE ANOKA, ~ESOTA 56303-2298 800202 CITY OF FALCON HEIGHTS-CRIMINAL bul s21-110 CITY OF FALCON HEIGHTS 2077 W.LARPENTEUR AVE. FALCON HEIGHTSr MN 55113 INVO~cE No. 8 7 4 2 PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT AMOUt'IT Pao = DATE--ITEM-ITEM DESCRIPTION---- -AMOUNT BALANCE BEGINNING BALANCE 1007.25 07/08/88 000000 PHOTOCOPIES 17.85 07/12/88 000000 PHOTOCOPIES 1.05 07/13/88 013b01 TRANSCRIPT 11.25 MNE M. $OwiIAN 07/19/@8 000400 PHOTOCOPIES 16.80 07/21/88 013673 WESTLAW RESEARCH 71.72 ANOKA COUNTY LAW LIBfcARY 07/21/88 013679 SERVICE FEES 55.00 METRO LEGAL SERVICES, Ii~tC. 07/31/88 013747 MILEAGE ANL PARKING 10.00 DEB AMBERG PROFESSIONAL SERVICES tSEE ATTACHED SUMMARY OF TIME RECORDS)2185.50 EXPENSES 683.67 TOTAL CHARGES THIS 8TATEMENT 2369.17 PAYMENT CHARGES CURRENT BALANCE f.00 f23b9.17 f337b.~Z Less payment 8/3/88 1007.25) Please Pay 2369.17 Paymwt dui upon noNVt• kMwrst wN b~ drrpod on unpaid Gina st ~ w1r d 111 pv nwnd~ L1.IV 1171 nY nVG ANOKA, MINNESOTA 55303 BELLED i UNBILLED TIME RECOkDS FOR FILE: 800202 FILE NAME: CITY OF FALCON HEIGHTS-CRIMINAL CLIENT NAME: CITY OF FALCON NEI6HTS DATE- ATTY SEQ -------------TRANSACTIONS-------------- TIME CHARGES 070588 DAA 02 RESEARCH 1.10 (27.50 070588 KLS OS PHONE CONF W/MARY THEISEN, ATTORNEY .10 :2.50. GENERAL'S OFFICE 070588 MJS 12 LETTER FROM PUBLIC DEFENDER RE ST V .20 (12.00 OLSON 070788 DAA 02 DRAFT MEMORANDUM 4.40 (110.00 070788 KLS 04 PREPARE FILES FOR TRIAL; 3 LETTERS TO 1.10 (27.50 DEPARTMENT OF MOTOR VEHICLES; LETTER TO DEPARTMENT OF PUBLIC SAFETY 070888 DAA. 01 PREPARE MEMORANDUM OF LAW RE RONNING 1.20 ;30.00 070888 KLS 04 2 PHONE CONF'S W/CLERK OF COURT;OFFICE ~'40 !10.00 CONF W/ATTY SCOTT RE PROCEDURE 070688 MJS 08 REVIEW t REVISE ST V RONNING MOTION _ 1.00 (60.00 PAPERS; PHONE CONF W/CLERK OF COURT 071186 KLS 03 PHONE CONF Y/CLERK OF COURT; LETTER TO 1.20 (30.00 ATTORNEY GENERAL'S OFFICE;'REVIEW 7l25 FILES Y/ATTY SCOTT; COURT TRIAL NOTICES TO WITNESSES 071188 MJS. 04 PREPARE FOk g ATTEND MOTION HEARING RE 3.20 (192.00 ST V RONNING IN MAPLEWOOD 071288 KLS 04 PREPARE 8/3 FILES FOR TRIAL; PHONE CONF 1.40 f3~.00 W/U OF M POLICE; LETTER TO A A WILSON; PHONE CONF W/METkO LEGAL SERVICES; PREPARE SUE+POENA FOR 8/3 TRIALS 071288 KLS 05 LETTER TO DEPT OF PUBLIC SAFETY; LETTER 2.70 (67.50 TO SHERIFF PATROL STATION; LETTER TO DEPT OF i~OTOR VEHICLES; PREPARE 8/3 FILES FOR TRIAL; PHONE CONF W/CLERK DF COURT; PkEPAkE SUBPOENAS $ COURT NOTICES 071288 KLS O6 TO YITNESSES .00 s.00 071388 MJS 02 ATTEND ARkAiGNMENTS IN MAPLEYOOD 4.50 -(270.00 072388 MJS 03 2 PHONE CONF'S Y/ATTY YARG; PHONE CONF .60 `f36.00 Y/LOIS MILLETT RE ST V MILLETT 071388 KLS 03 PHONE CONF W/WITNESS T V MILLETT; LEVER .50 `(12.50 TO A A YILSON 071488 KLS 02 OFFICE CONF W/ATTY SCOTT RE ST FAIR .30 (7.50 VENUE. 071488 MJS 10 REVIEW ST V DOWD REPORTS FROM RAMSEY CO .80 (48.00 SHERIFF; PHONE CONF Y/ATTORNEY GENERAL RE STATE FAIR PROSECUTIONS; PHONE CONF Y/ATTY YARG 071588 .KLS 07 REVIEY INCOMING REPORTS; PREPARE FILES .70 (17.50 FOR TRIAL,.PHONE CONF W/CLERK OF COURT; OFFICE CONF Y/ATTYSCOTT RE ST V MILLETTE 071888 KLS 09 PHONE CONF Y/CLERK OF COURT; PHONE CONF .SO .112.50 W/WITNESS T V MILLETTE; PHONE CONF WlARDEN HILLS POLICE DEPT RE ST V MALECHA; PHONE CONE a/ATTY GENERAL'S OFFICE- 08/08!88 JENSEN, HICKEN, GEDDE i BOUCLE F'. A. 300 ANOKA OFFICE CENTER - 2150 THIRD AVE ANOKA, MINNESOTA 55303 BILLED i UNBILLED TIME RECORDS FOR FILE: 800242 FILE NAME: CITY OF~FALCON HEIGHTS-CRIMINAL CLIENT NAME: CITY OF fALCON HEIGHTS DATE- ATTY SEO -------------TRANSACTIONS-------------- TIME CHARGES 071888 KLS 10 RESEARCH; PHONE CONF W/DEPT OF MOTOR .70 (17.50 VCHiCLES; PHONE CONF W/STATE FAIR POLICE DEPARTMENT 071888 MJS Ob REVIEW REPORTS RE ST V DOND ;LETTER TO .40 (24.00 DEPUTY SCHROEPFER 071988 MJS 11 REVIEW i REVISE GROSS DUI COMPLAINT 30 fi$.00 071988 KLS 09 PREPARE GROSS COMPLAINT ST V AMO; OFFICE 90 f22.50 CONF W/CLERK OF COURT; PHONE CONE W/OFFICER CIEMANSKI,•SFPD 071988 KLS 10 LETTER TO OFFICEk RE COURT APPEARANCE 30 7.50 072088 DAA 04 FILE COMPLAINT RE AMOS IN MAPLEW~D 2.00 50.00 072088,KLS.04 PHONE CONF W/DEPT OF MOTOR VEHICLES;30 7.50 PHONE CONF W/CLERK flF COURT 072188 MJS Ob PHONE CONF W/ATTY BETTY RE ST V EVANS;b0 36.00 PHONE CONF W/ATTY MAYRAND 072188 KLS 07 PREPARE 8/3 FILES .FOR TRIAL; OFFICE CONF 80 20.00 W/ATTY SCOTT RE 7/~5 COURT DATE 072288 MJS 11 REVIEW GROSS DUI COMPLAINT; PHONE CONF 1.50 90.00 W/ATTY MAYRAND; REVIEW FILE; PREPARE FOR. JURY TRIALS; PHONE CONE W/ATTY HAUSER 0724$$MJS 01 PF;EPARE FOR JURY TRIALS 1.20 72.00 072588 MJS 07 COURT APPEARANCE AT INITIAL JURY TRIAL 4.50 270.00 SETTINGS; PHONE CONF'S W/WITNESSES 072b88 KLS 08 F'HONE CONF W/DUTY SGT RCSO; PHONE CONF 1.30 f32.50 W/DEPT PUEcLIC SAFETY; PHONE CONF W/CLERK OF .COURT; OFFICE CONF W/ATTY SCOTT RE UPCOMING COURT DATES; PHONE CONF W/ROLLIE HUNTER, DPS; PHONE CONF W/CLERK 072b88 KLS 09 OF COURT RE ST V CAMPBELL 00 f.00 072688 MJS 05 PHONE CONF W/DEF ONYONKO, REVIEW FILES 80 48.00 FOR 8/3 COURT TRIALS i PRETRIALS; PHONE CONF W/DEPT OF PUBLIC SAFETY 072788 MJS 08 PREPARE FOR ST V MELDAHL JURY TRIAL;1.BO 108.00 PHONE CONF W/INV EISBACH RE ST V EVANS; PHONE CONF W/DEPT PUBLIC SAFETY; PHONE CONF W/DEPUTY JAHNKE; PHONE CONF W/JUDGE PETERSON'S CLERK 072888 MJS 01 JURY TRIAL - ST V MELDAHL 5.50 f334.00 072988 MJS 09 PHONE CONF W/CLERK. OF COURT; PHONE CONF 40 24.00 W/ATTY GETTY MJS 27.30HRS = (1638.00 DAA 8.70HRS = f217.50 KLS 13.20HRS - (330.00 TOTAL FOR FILES 800202 BILLED UNBILLED TOTAL TIME .OOhrs. 49 20hrs 49.24hrs. CHARGES f.00 f~1 85.50 2185.50 4 f Coasent X Agenda Item: E2 pF---- CITY OF FALCON HEIG~ITS Meeting Dite:~8 RF.QIIEST FOR COUNCIL CONSIDRRATION ITEl~1 DESCRIPTION: Solid Waste Commission Minutes SUBMITTED BY: Solid Waste Commission REVIEWED BY: Shirley Chenoweth EXPLANATIONjSUAlMMARY (attach additional sheets as aecessarp): Attached. Minutes of August 3, 1988 ~~. f ACTION REQUESTED: J` f MINUTES SOLID WASTE COMMISSION August 3, 1988 MEMBERS PRESENT: Misra, Klisch, Thompson, Brynilsdon, Wray, Haglund. Chenoweth Misra convened the meeting at 7:30 p.m. SUPERCYCLE CONTRACT Contract went out Ramsey county will not pay over 25 tons on contract. ICE CREAM SOCIAL AND RECYCLING SIGNS Nobody signed up for recycling sign at ice cream social. We .probably .will have to put more staples in the signs so they hold up better need lumber and washers to reinforce :sign and nails... BUDGET No significant work on budget. Jan needs a rough outline by this Friday. Added $1200.00 to tools .and equipment in budget for purchase of containers for pilot project. (Item 31 in budget). Brings Total capital outlay $16,075.00 t~. and $17,275. Changed contractual service from $12,000.00 to $18,000.00. Got rid of 10% changed capital outlay to $22.075.00. Motion to approve budget, SECONDED and APPROVED. Will be sent to council. WORKPLANS FOR COMMISSION ~ ~' Workplans broken down to now, soon and future activit Work out plan for composting (major areas of concer Look at funding for program. Student Intern and public education Look at zoning regulations 0rganized collection iazardous Waste Commercial Waste gym. Need outline of topics, research topics. Look at alternatives to develop an integrated look and long tern goals for commission. (mission statement). Parameters for workplan 4ission statement ( legislative mandate-yes, no) Goals Define problems (state, county laws, regulation/administrative) Actions (alternatives, solutions) Resources Timeline for areas of concerns. Next meeting form committee's miniplan, integrating meeting for final plans. Next meeting of the Commission will be on August 17, 1988. t ~ f CONSENT AGENDA AUGUST 24, 1988 LICENSES SEWER CLEANERS Metro Sewers 150 1249 Rice St St. Paul, Mn 55117 REFUSE HAULING Action Disposal 151 4300 E. 65th St Inver 'Grove Heights,. Mn 55075 Bellaire Sanitation, Inc,152 2678 75th St. Stillwater,. Ma 55082. GENERAL CONTRACTING Home Modernizers Inc.148 4153 Minnehaha Minneapolis, Mn 55404 MECHANICAL CONTRACTING Handing Heating & Air Conditioning Inc. 915 W. 7th St.149 St. Paul, Ma 55102 Harris Mechanical. Contracting Co. 2300 .Territorial Rd.146 St.-Paul, Mn 55114 Suburban Propane Gas Corp dba Tesgas 1430 Old Hwy 8 153. New Brighton, Mn 55112 t COASeat,,_~_ Ageadt Itea: R4 y--~-- CITY OF lALCO~ HEIGHTS 1leetit~ Date: R~$8 REQUEST !DR COUIiCIL COIiSIDEM?i0N ITElI D~SC~IPTIOp: Sheriffs report for.July, 1988 SUB?IIITED ~' Ramsey. County Sheriffs Department REVIEWED. DT: Shirley Chenoweth EI~LANATION/SUlDtARY {attach additional sheets as nece~esary~ ; See attached. report ACTION REQUESTID: t _r e= x .- y,r - ~` r.~.s.. , . i.Li':'7L'1w'ryfNq~s -•i(y... .... ~9"N~~'~ ..... Y. ,-... ....,t r.. r. w f._~+'SaWiiX ~s~~-~.#`~TI'v.;.~.iI6T, "SlYCV'=~~-~.i ~ ~ .. .. v.:4F~'Yea-..r .: r ~ _ _ _. xl' - DATE OF ISSUE 00!04/!!TINE 0750 RAMSEY COUNTY PACE NO 2SHERIFFSINCIDENTRE-ORTIN SYSTEM PROGRAM NO SNi03P• PORT SY INCIDENT YITNIN CTTY FOR ERIOD FROM OT-O1-00 TO OT-31-OL Dt FALCON MEIi11TS S7 iOATIN6 i SYIMMINC 0 9R tREATNALYZER 0 39 DOA~S p t0 DON S tl OOG COM-IAINTi 1 A2 )OMESTIC O c 63 EMERGENCY 6 b4 FIRE 4 S 1000 4 ib MISSING -ERSONS 2 4 iT PROYLER p St.1EC01lERED 1R0-ERTY 2 9 SEARCH YARRANTS 0 TO SNOYMORILES p T1 SUSPICIOUS COMPLAINT 11 T2 TRAFFIC 23 T3 NISCEIlANEOUS 23 TOTAI 138 t t s I i t e y,..y._. 4 s uY .. M S Y +y..`SV...~'~Y ~. .,~, E, _... q wa>-i.tY"1'e+ ~.,... i s~yri~Fi i trK~aV<d~y yw di1~~RYk ___~_: ..~ ryee .y. ..... ,,. . 1 . GATE OF ISSUE 00/0~/Ot RAMSE ACE NO 1TIMEO7S6SHERIFFSINCIDSTEMPROGRAMNDSNF031 PORT tY INCIDENT YITNI 00 FRDN 07-O1-t8 TO 07-31-0L ii fALCOM HEIGHTS Ol CRINIAL HOMICIDE 0 02 fORCItIE RAPE 0 03 ROttERY 0 04 ASSAULT 0 04 fURCIARY-RESIDENCE 1 !! w. -0i -WRCIARY-LION lES -1 ~- _ 07 WRCLART-ATTEMPTED 0 00 tURCLARY-POSSIBLE 0 9 tNEFT~OYER tS0 30 30 TNEFT-tlNDER iS0 i 11 TNEFT-ATTEMPTED 0 1! IYEFT-POSSItIE 0 13 AUTO TNEFT-RECOVERED 1 i 14 ~YTO 7MEFT-ATTEMPTED 3 ,: 1'i. AYTO TMEfT.--OSSItLE 0 ~ 14 ARSON 0 IT FORGERY i C-fEITINC 0 le FRAUD 0 - 19 EMBEZZLEMENT 0r20STOLENPROPERTY-BUY 0 11 STOLEN -ROPERTY-REC 0 22 A6DUCTION p 23 VANDALISM 7 YEAPONS 0SPR05TITUTIONtVICE0 26 SEX OFFENCE 0 27 NARCOTIC DRUG LAYS 0.t20CAMBLIN60 29 OfFENSE-SAN i CIDRN 0 30 ORIYIN6 UNDER INFLUE 2- 31 LIQUOR LAYS 1 l 32 DISORDERLY CONDUCT 13 E 33 VAGRANCY 0. 34 All OTHER OFfENSES 1 S0 ACC-IRO-ERTY DAMAGE 16 fl_ACC~lERSONAI IMAURY 2 ~ ft ACC-FATAL 0 ft STREET LIGHTS 0~ Sl..ALARMS 10 t_ ~ S3 ANIMALS fOTNERS/2 3t ASSIST A CITIZEN 7: r s 4 4 t i. r, Consent Policy h lgenda Item: F1 CITY OF FALCON HEIGHTS Meeting Dater 88 REQtTEST POR COUNCIL COI~SIDERATIOl~ ITEM DESCSIPTION: A New Structure for .Community Cable Access SUBMITTED BY: Bootsie'Anderson REVIEWED BYz Falcon Heights Cable. Commission Representative, Ron Eggert EXPLANATION/5UMMARY (attach additional sheets as necesRary): Attached is the Executive Summary of and proposed resolution supporting the cable commission's report on "A New Structure for Community Access- in the North Suburbs". The full 40+ page report is .available in City Hall if you'd like to read it. ACTION REQIIESTEDs Adopt attached resolution NORTH SUBURBAN CABLE. CON'.iMIS5ION 2077 WEST' LARPENTEUR AVENUE FALCON HEIGHTS, MINNEX7TA 55113 (612) t>46-8172 a,- ., August 12, 1988 Janet R. Wiessner 2077 West Larpenteur Falcon Heights, MN 55113 Dear Janet,. Enclosed you will find the completed Access Report entitled " A New Structure for Community Access in the North Suburbs". Please review this report and share it with your councils for their review and approval. Located in the 20 page appendices you will find a resolution for your approval. Should you choose not to read through the entire 40+ page document, there is an Executive Summary at the beginning of the report that is only 6 pages long. The Commission approved and adopted the report at the August 4th regular meeting. After you have looked through the report you may want to set up a workshop to discuss it with myself, Chairman Eggert and/or Legal council, Tom Creighton. Sincerely, t3,,~~. C ~5 Bootsie Anderson Administrator BA/dms Enclosures Arden Hills • Falcon Heights • Lauderdale • lade Canada • Mounds View • New &ighton • North Oaks ~•E Roseville • St. Anthony • Shoreview I_ i• A NEW STRUCTURE FOR COMMONITY ACCESS IN THE NORTH SUBURBS A Report Adopted By the North Suburban Cable Commission August 4, 1988 ERECUTIQE SU~'Il~iARY Prepared by: i• Anita Stech Communications Projects 2420 East Sixth Street Duluth, MN 55812 a i ~• .~ 8/4/88es I. INTR,ODOCTION Trom January through June, 198.8, members of the North Suburban Cable Commission (Commission) conducted a Btudy of community access on the cable system that serves its ten member cities. The goals of the community acces's study were: 1. to improve community access, 2. to better understand community access needs and support, 3. to respond to the request to change the access management structure in the North Suburbs, and to easure that resources for successful community access operations are provided. wring the study's initial stage, Commission members outlined several db3ectives, listing individual tasks necessary to reach these goals . They are 1. to list the functions of a community access center, 2. to study community access management structures, 3. to determine community access success standards, 4. to inventory current resources available for community access, 5. to define resource needs for access operations that would increase activity in community access, 6. to determine the relationship of public, educational, government, library, special needs, and religious access in a management structure, 7. to design s community access management structure and operations and/or guideline for the same, and 6. if appropriate, to discuss the transition methods between current sad proposed .access management structures. Throughout the course of the study, Commission. members reviewed materials prepared by their consultant, discussing and using them as a basis for policy recommendations regarding the future of community access. Commission members invited persons involved in community access including those employed by Cable TV North Central who work in community access to comment and to discuss access issues with them. Commission members formally solicited comments and suggestions from access users, potential access users, those trained to use access facilities but who have not made use. of that opportunity, and others. The Commission members prepared this report to sumanarize their Work, and to outline the new direction for community access which they have determined will provide the most successful community access operation in the ten city area. Following adoption of this report on August 4, 1988 by the Commission, each member city will be asked to consider a resolution which endorses the mayor conclusions and recommendations of this report, and which directs the city's representative on the Commission to implement the recommendations. This report will be presented to Cable TV North eatral and to oembers of the public. in ,so doing, the Commission Ropes that its view of . community .access will be shared by all. M 8/4/88es II. BACRGROtJND NOTE: In any discussion of local programming on a cable communications system, one encounters several terms such as "public access", "local origination", and "institutional network". These and other terms as they. have bees used in this study are defined in Appendix A. The reader is urged to consult the glossary to understand the meaning of the terms as they apply to the specific situation in .the North.Suburban area. - Community access in the North Suburbs is currently managed by Cable TD North Central, a company providing cable communications services to the cities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, Saint Anthony, and Shoreview. As community access manager, Cable TV North Central employs a staff, provides equipment, facilities, and assistance to those interested in producing programs for cablecast or messages for display on appropriate channels of the system designated for access or community message use. The North Suburban Cable Commission (Commission) is composed of ten members, one appointed from each member city. The Commission has been charged by the member cities through a 3oint and cooperative agreement to oversee and administer the franchise agreements in effect between the cities and Cable TV North Central. The North Suburbs Access Corporation (NSAC) is a non-profit tax-exempt corporation established for the purpose of performing functions of the Commission on matters related to community access. Its members are the same as those serving on the Commission plus one representative of Cable TV North Central. III. THE PROCESS From January through June, 1988, Commission members participated in 11 workshops as part of the community access study. During these workshops, members discussed and made policy recommendations on the following issues and topics: 1. the definition of "successful access operations" in the. North Suburbs, 2. performance indicators to measure the activity of the entity that will manage community access, 3. the access management structure that will best achieve success as defined by Commission members in community access, 9. the relationship of a community access management entity to those institutions involved in community access at the present time, i.e., school districts, non-public schools, higher education institutions, public libraries, municipal and other government _ ntitiea, and. 8/4/88es 3 5. resources necessary to support a successful community access operation. In that process, the Commission members also received information from various sources --.their consultant, those involved in various access management situations, Cable TV North Central access staff, access users, and son-users on the following: 2. resource needs for supporting community access, community. access management structure options, snd 3. options for handling administrative and personnel tasks, and for owning and maintaining equipment and facilities. ID. SiTMMA1~Y OF CONCLOSIONS AND RECOIrIl~NDATIONS As a result of their study of community access, the North Suburban Cable Commission members have come to a number of conclusions regarding the structure and activities that will best serve the North Suburban area's current and potential users and viewers. Following is a summary of the conclusions and recommendations of this report: 1. that community access can serve the communications needs of the variety of community organizations, institutions and individuals that are part of the member cities served by the cable communications company; 2. that community access can enrich the cable subscribers/viewers by providing information about community events and resources and by providing an awareness of the scope and dynamics of activity within the ten-city area; 3, that common standards and expectations of a community access operation (as established in the full report) should be understood by all parties involved in community access; 4. that a community access operation should be planned and evaluated through the use of the various performance indicators (as outlined in the full report) so that its degree of success can be easily assessed by all parties; 5. that a successful community access operation should result in an increase over time of a) original programs produced locally, b) the involvement of community organizations, individuals, and institutions, and c) of viewership of the community access channels; 6. that formal guidelines be established periodically which provide direction to the entity managing community access by allocating resources to various types of users which include but. are not limited~to community organizations, individuals,. school districts, non-public schools, higher education institutions, libraries, city governments, and other governmeat agencies; 8/4/68es 4 q. that a community access operation should provide services to organizations, individuals sad institutions in the North Suburban area based on the parties' Interests, energies and willingness to become involved in access, and on the established resource allocation guidelines; 8. that effectively promoting the access opportunity by targeting organizations, individuals and/or institutions within the resource al~.ocation guidelines is vital to the success of community access; 9. that the types of training and production. assistance made available through community access operations ®ust be flexible and varied enough to: a)~accommodate the users' levels of knowledge, b) insure that-users follow through with program and/or message production, and c) produce pro3ects satisfactory to the users. and. their audiences; 10. that a community access operation must provide to community access users user-friendly, well maintained production equipment in a format compatible with consumer video equipment and at a time that it is requested by the users; 11. that the staff employed by a community access operation is key to the development of a successful operation, and that efforts must be made to attract, support, and retain quality individuals for staff positions; 12. that Cable TV North Central has failed in its efforts to provide the proper mix of resources to support and produce a successful community access operation (as outlined in the full _ report); 13. taking into consideration the various types of entities which might manage community access in the North Suburban area, that community access would best be naasged by a non-profit corporation rather than by Cable TV North Central om its successors; 14. that direction of such a non-profit corporation should. have strong ties to the member cities but that neither city governments nor the Commission should directly manage community access; 15. that such a non-profit corporation should take appropriate measures to establish an identity separate from the cable company, Commission and cities; 16. that such a non-profit corporation be supported by Cable TV North Central as directed by the cities through the Commission, through an Qrderly transfer to the,non-profit corporation of all resources as required by the current cable communications franchise agreements held by Cable TV North Central. u 8/4/88es for community access; 5 17. that. the North Suburbs Access Corporation (NSAC), an existing non-profit corporation which currently performs functions of the Commission on matters related to co~-unity access, be designated the non-profit corporation which will manage community access; 18. that, as ~ condition of being designated the entity which will manage community access, NSAC be expanded so that its, Board of Directors will include representatives appointed and/or elected by the .member cities, institutions, organizations and the _ general corporation membership; 19. that the NSAC Board periodically establish guidelines which allocate resources to various types of users which include but are not limited to community organizations, individuals, school districts, non-public schools, higher. education institutions, libraries, city governments, and other government agencies; and, 20. that changes in current resources made available for community access are necessary for its success, which changes include but are not limited to: upgrading production equipment, establishing a master program guide for all community access programs, and providing conditions to ensure that quality access staff will be retained, with consideration of moving facilities from Cable TV North Central's current .locations. Based on these conclusions and recommendations,. the Commission will attempt to implement the following steps: 1. Recommend to each member city the adoption of the Resolution Supporting Community Access Management By A Non-Profit Corporation" directing the Commission to negotiate the transfer of access management and resources including equipment and facilities, proposed capital expenditures, operating funds, and channels from Cable TV North Central or its successor to a non-profit corporation. 2. Amend NSAC's articles of incorporation, changing its purpose, Board of Directors, and membership in accordance with this report. 3. Execute an agreement with Cable TV North Central transferring the resources as required by the franchise agreements with. the member cities for community access to NSAC. 4. Request of Cable TV North Central the acceleration of its schedule for expending funds for capital equipment and facilities in order to update the current equipment and facilities at this, time . 8/4/88es 6 5. Consider entering formal discussions with appropriate parties for the transfer of equipment from the Edgewood studio facility to another location. 6. Appoint a committee to search for locations for a new main facility and operations base for the NSAC that would meet criteria established by the Commission. i• i~ r • j ~ f ~ APPENDIX A GLOSSARY OF TERMS USED IN THE ACCESS STUDY i• Following is an outline of important terms relating directly to local programming including definitions and relationships to the NSCC system. Local Programming -- video program or announcement/message produced or obtained by the cable system operator or by an individual, group, .institution, or other entity for cablecast or display on the system A. Operator Programming.-- video program or announcement/message. produced or obtained by the system operator and for which he/she is responsible for program or announcement/message contents 1. Local Origination Programming -- video programs produced or obtained by the system operator generally supported by advertising includes programs produced by the cable system staff and programs produced by other cable companies, groups, or entities and obtained by the cable operator for cablecast Local origination programming is cablecast on Ch. 52. 2. Local Ads -- video advertisements, promos or public service. announcements produced or obtained by the system operator for cablecast on a local origination channel(s) Local ads are cablecast on Ch. 52. 3. Local Avails.-- video advertisements, promos, or public service announcements produced or obtained by the system operator and inserted into available time slots on such satellite services as MTV., BSPN, OSA Network, CNN, Nashville Network, etc. Local Avails are cablecast on Ch. 3, 7, 10, 13, 14, snd 20. 4. Paid Advertisements --advertisements or announcements displayed on a character-generated or computer graphics channel and for which a fee is paid to the cable system operator Paid advertisements are cablecast on Ch. 31. 5. Community Announcements -- announcements or messages concerning noncommercial groups, entities or institutions that are displayed via character generator Community Announcements-are displayed on Ch. 62. B. Access Programming -- video programs or announcements/messages produced or obtained by local individuals, groups, institutions, or other entities and for which the producer is responsible for the program or announcement/message contents s 8/4/8 8 Appendix A-Page 2 i• 1. Community Access Programming -- noncommercial video programs or .announcements/messages produced by individuals or non-profit groups, or institutions and for which the producer is responsible for the program or announcement/message content programming cablecast on channels designated to certain uses or for certain users Community Access Programming is cablecast on Ch. 16, 33, 51, 53, 63, 64, 66, 87, 68, and 69. a. Public Access Programming -- programs or announcements/messages produced by individuals or non-profit organizations and institutions for which the producer of .the program or announcement is responsible for contents Public Access Programming is cablecast on Ch. 33 and 69. b. Educational Access Programming -- video programs or announcements/messages produced or obtained by educational institutions or programming that is educational in nature and for which the producer is responsible for contents Educational access programming is cablecast on Ch. 51, 64, 66, and 67. c. Government Access Programming -- video programs or announcements/messages produced or obtained by government entities or that which concerns government and for which the producer is responsible for contents Government access programming is cablecast on Ch. 16. d. Library Access Prograring -- video programs or announcements/messages produced or obtained and cablecast by the libraries and for which the producer is responsible for contents Library access programming is cablecast on Ch. 53 e. Religious Access Prograring -- video programs or announcements/messages produced or obtained by religious groups or entities or that is religious in nature and for which the producer is responsible for contents Religious access programming is cablecast on Ch. 63 f. Special Needs Access Programming -- video programs or announcements/messages produced or obtained by individuals, groups or entities that are involved in women's, handicapped, seniors or minority issues and for which the producer is responsible for contents Special needs access programming is cablecast on Ch. 68. 2. Leased Access -- video programs or announcements/messages produced by individuals institutions, or organizations (non- or for profit) for which time is purchased from the operator and for which the producer is responsible for program or- announcement/message contents i• i• 8/4/88 Appendix A-Page 3 Associated terms Institutional Programming -- video programs or announcements produced by institutions or entities for distribution to other institutions or entities as opposed to the home subscribers of a cable system Institutional Network -- physical plant (cable, modulators, awitchers) which accepts and passes signals from various institutions or entities connected to the network Regional Channel PrograrinB -- programming or announcemeats._ distributed by the Twin Cities. Regional .Cable Channel, Inc. Operating Rules -- rules established by the access management entity regarding use of the access channels, including the costs or time, identification of users, conditions for submitting programs for cablecast, use of production equipment, etc. i RESOLUTION SUPPORTING COMMUNITY ACCESS MANAGEMENT. BY ANON-PROFIT CORPORATION 7 The following resolution is presented to each member city by the Commission with a recommendation for its adoption: WHEREAS, the City of (hereinafter "City") recognizes the functions that community access on a cable communications system can perform in serving the communications needs of the variety of community organizations, institutions and individuals, and in enriching the cable subscribers/viewers by providing information about community events and resources plus an awareness of the scope and dynamics of activity within the ten-city area, and WHEREAS, the North Suburban Cable Commission (hereinafter Commission") is authorized to act on behalf of the City through a 3oint and cooperative agreement to oversee and administer the franchise that the City has granted to Cable TV North Central., and. WHEREAS, the Commission has completed a thorough study of community access which study's main conclusions include. that community access would best be managed by a non-profit corporation rather than by the cable communications company, and that Cable TV North Central has failed in its efforts to provide the proper mix of resources to support and produce a successful access operation; THEREFORE BE IT RESOLVED THAT The City directs its Commission representative to support the Commission's negotiations to effect the orderly transfer of community access management functions and resources from Cable TV North Central or its successor to a non-profit corporation which responsibility it in to promote the community access opportunities and to manage resources provided for same in the ten-city area, and which will have sufficient funds to perform its duties; and The City directs its Commission representative to report the results of negotiations to .the City for review and appropriate action. 8/4/88 Consent Policy _`CITY OF PALCON flEICBTS REQUEST POR COUNCIL CO'I~SIDERATION Agenda Item: F2 lketing Dats: 8/27/88 ITEM DESCRIPTION: City Participation in Roseville/Falcon Heights Chamber of Commerc Community Profile Book SUBMITTED BY: Jan Wiessner REVIEWED BY: E~LANATION/SUl~II~IARY (attach additional sheets as necessary): The Roseville/Falcon Heights Chamber of Commerce will be publishing a Community profile book which will be used to promote the Roseville - Falcon Heights Area.. The brochure will be paid for by .selling advertising to Chamber members. Information describing the brochure and advertising costs are attached. Reprints are available on Ads of -1 page or more. ACTION REQUESTED: Decide-whether to participate by .purchasing advertising. If so, how large an ad, what message to convey. (Since this was not budgeted for, cost would come out of conti~,tgency account.) Y i , C Roseville+ Falcon J~ Heights Chamber of Commerce 2489 Rice Street Roseville, MN 55113 612) 483-1313 Dear Chamber Member: Your chamber is interested in promoting our community as a great place to live, work, play, and conduct a profitable business. To effectively assist us in our efforts, the Roseville/Falcon Heights Chamber Board of Directors has authorized the publication of a professionally prepared promotional book featuring our two cities. This book, when published, will present our story in the style of a feature magazine. A combination of interesting, dramatic photography and colorful editorial copy will depict the facets of community life and industry. ~ ' The Roseville/Falcon Heights Community Profile Book will: Answer inquiries received from outside the community. Motivate out-of-state business prospects to relocate in our community. Give our business leaders, chamber of commerce, and other agencies a prestige handout for local, national and international impact. Sell prospective new families on moving to our area. Fulfill a recruiting need for skilled prospective employees and transferees. Remind local businesses that they can often obtain services and products from within our area. Provide newcomers with a valuable orientation piece and buyers' guide. on area products and services. The company chosen to develop this book, in conjunction with representatives of your chamber is•Profile Publications, Inc., Crystal Lake, Illinois. They have specialized in the publication of chamber of commerce community books, business directories and maps for over 17 years. This is the only promotional book that is authorized by your chamber. We trust that you will find it to your value to participate in this program. The publication will be supported solely by advertising. We request that you allow the Profile Publications representative, Jil Fowler, a few minutes of your time to iet you see how you will benefit by participating in this program. There are a limited number of preferred position ad spaces avaiiGble on a first reply basis. Please call Jil at your chamber, 483-1313, or return the enclosed reply card to have your name placed on the priority calling list. Sincerely, Larry Haubrich President Roseville/Falcon Heights Chamber of Commerce Division of the Suburban Area Chamber of Commerce 2a d.,;,,~e~ Robert L. Bierscheid Chairperson Community Development Committee Enc. 1. To motivate business and industrial prospects to relocate in our. community.. 2. To provide information to families considering moving to our area. 3. To attract local and outside developers to invest and build in our area. 4. To fulfill a recruiting need for skilled prospective key employees and transferees on the part of our industry, business, educational insti- tutions, health care facilities, and our local government. 5. To answer inquiries received from outside the community at the Chamber office and City Halls each year. 6. To provide our city officials, business leaders, Chamber of Commerce executives, and other agencies with an excellent prestigious V.I.P. he_ndout for local, national and international marketing. 7. To enhance our communities' positive image as a nice place to work, live and do business. 8. To provide a constant reminder to local companies and businesses that they can often obtain services and products from the Chamber member firms. 9. To provide newcomers with a valuable orientation piece and buyer's guide or. the area and its products and services. 10. To promote tourism in our area by providing outside, interested parties with information on our many assets. II. Distribution to be made in the following ways:. 1. By direct mail to Roseville/Falcon Heights Area Chamber members who represent a prime market for advertisers in the book. (300) 2. Copies will be made available to all elected and appointed local government officials. (30) i Roseville+ Falcon Heights Chamber of Commerce 2489 Rice Street Roseville, MN 55113 612) 483-1313 ROSEVILLE/FALCON HEIGHTS CHAMBER OF COMMERCE 1~~88 Community Profile Book Distribution Plan Effective distribution of the Profile Book is essential to the success of our project. The following is the distribution plan which will be used to help promote our Chamber, our members, and our community as a whole. I. The Chamber will use the Community Profile in the following ways: 3. Copies will be made available to banks and financial institutions for their use with clients and prospective clients. (250) 9. Copies will be made available to real estate firms, both residential and commercial.. Realtors are very important distributors of the book since they can provide the new resident with information which will establish buying habits. Commercial realtors and developers find the book extremely helpful in attracting new firms to locate in the area. (500) 5. Provide the city and county governments with sufficient copies to answer inquiries which they receive. (500) 6. Copies will be made available to School District 623. (250) 7. Copies will be placed in high traffic areas: Beauty salons and barber shops Libraries, both school and civic Professional office lobbies: doctors, dentists, insurance, hospitals, etc. All schools and colleges Hotels, motels and key restaurants 8. Copies will be made available at the Chamber office. 9. Copies will be made available to top management people in existing local firms. This promotes the member's firm as well as the other firmsrep- resented in the book. (200) 10. State of Minnesota Department of Commerce & Economic Development. (i00) 11. Local V.I.P. meetings and trade shows to inform others of the areas assets. 12. In order to augment the Chamber's distribution program, advertising members will have copies of the Community "Profile" for their use as sales tools, pLblic relations handouts, and recruiting instruments.. Jt. ~ w~C.~. I - t~~ 5 ~4,-,c.o ~~e N~ ~ca- ~ ~ ROSEVILLE/FALCON HEIGHTS SUBURBAN AREA CHAMBER OF COMMERCE 1988 COMMUNITY PROFILE AdVel'tlSln9 RafeS (Reprint Prices, See Reverse Side) Free Free FOUR PAGE Members Books .FULL PAGE Members Books Four-Color .............................................. $6,535.00 130 • Four-Color ...............................................$2,195.00 45 Two-Color' .............................................. $1,865.00 35 TWO PAGE Four-Color .............................................. $3,845.00 75 HALF PAGE Four-Color .........................:.................... $1,745.00 35 Two-Color' .............................................. $1,425.00 25 COVERS/FOUR-COLOR Outside Back ......................................... $3,295.00 65 Inside Front .......................................... $2,995.00 60 COLUMN AD Inside Back ............................................ $2,995.00 60 Double(fwo-Color' ................................. $ 895.00 10 ColumniTwo-Golor' ................................ $ 595.00 10 DIRECTORY LISTING: Included at no charge with Display advertising GUARANTEED POSITION PAGE: AddiO%toadrate. TERMS: Ys with contract, balance due upon publication. Second color in Two-Color ads is Process Blue. Ads are not commissionable. Mechanical Requirements & Additional Charges BOOK SIZE: 8'/s" x 11"Trim (Verticaq FOUR-PAGE SPREAD: Four photos" included. Additional Four-Color photos at $150.00 each. TWO-PAGE SPREAD: 16" x 10", two photos" included. Additional Four-Color photos at $150.00 each. Bleed size 1T/+" x 11Y+", at $100.00 additional. FULL-PAGE: T/z" x 10", one photo" included in ad. Additional Four-Color photos at $150.00 each. B/W photos at $75.00 each. Bleed size 83/+" x 11~/+", $50.00 additional. In Two-Color ads, for second color other than Process Blue, add 10°~ to ad rate. HALF-PAGE: 7" x 5". horizontal, one photo" included in ad. Additional Four-Color photos at $150.00 each. B/W photos at $75.00 each. In Two-Color ads, for second color other than Process Blue, add 70% to ad rate. . DOUBLE COLUMN AD: 43/+" wide x 3" deep, Two-Color (Blade & Process Blue),logo, head, copy, color tint, NO PHOTO. For second color other than Process Blue add 10~° to ad rate. COLUMN AD: 23/e" wide x 3"deep, Two-Color (Black & Process B(ue),logo, head, copy, color tint, NO PHOTO. For second color other than Process Blue add 10°6 to ad rate. LISTING: Name, address, zip code, area code with-phone #, and 20 words or less descriptive copy. PREFERRED MATERIAL: Negatives (right reading, emulsion down) with proof, 150 Line Screen, or Camera-Ready Art. PHOTOGRAPHY: Basic ProducULocation photography utilizing 35 mm format cameras with available light or small portable strobe units on location will be included. Additional photo requirements (i.e. special equipment, films, etc.) must be quoted from office. ahon ~ ~ Coaseat~,~„ lolicy X Agenda Item: F3 CITY OF lALCON.HEI~HTS Msetiag Date: B/_ ~ REQUEST FOR COUNCIL CONSIDE1tAT10N ITEM DESCRIPTION: Reschedule August 31st. Budget t~orkshop fiUB2SITTED EY: Shirley Chenoweth REVIEfiED 3Y: E~LANATION/SUMMARY (attach additional sheets as aecescary): The Budget. workshop scheduled for August 31st is going to b~ changed to a workshop with Marcor Development regarding redevelopment mf the S.E. corner of Larpenteur/Snelling. Another workshop date must be scheduled for the budget, so bring your calendars. ACTION REQUESTED: rr t , j4b~. CItY OF HEIGHTSFALCN0 4077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113.5594 PHONE 612-644.550 CITY OF~FALCON HEIGHTS riuiZCE ur ru~Lt~ Hr:Ali1MG FOR CONDITIONAL USE PERt~tIT TO 1,~i0*i IT MAY CONCERN: Notice is hereby given that the City Council of the City of Falcon Heights, *iinnesota, :ill meet in the City Hall, 2477 W. Larpenteur, Falcon Heights, Minnesota at 7:15 p.m. Acgust 24, 1988 to consider a Conditional Use Permit request made by Chico Ferdowsi to operate a pool hall in a B-2 Business District. (Northvme Shopping Center, Southeast corner of Larpenteur and Snelling) Dated: July 29, 1988 Janet R. iiiessner Administrator JW/sr i s10~AE OF THE M+NNE90TAlTA1Tc FAtR ANO THE ~U OF M IIiSTiTU~ Oi A[iRlCULTURE I'o: Falcon Heights City Council From: Falcon Hts Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hall ve, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed pool hall, to be operated by Chico Ferdowsi: rJame: Address: t; i ; 1y ~ i~ ern t ~ t~rc,.sca~ t~-~ To: Falcon Heights City Council ' From: Falcon Hts Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hall We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed pool hall, to be operated by Chico Ferdowsi: Name: Address: ~ ~ fv ~ ~~ r'~6 Y Ytc~c, O C rG ~~ v -~ tom?. i! s ` P ~ sir ~. ~ c i•To: Falcon Heights City Council From: Falcon Hts Residents surrounding Northome Shopping Center Subject: Entry and Operation of Pool Hail We, as residents surrounding the Northome Shopping Center Snelling and Larpenteur), are opposed to the entry and operation of the proposed .pool hall, to be operated by Chico Ferdowsi: ame Address: t y. r siZ 4~ ~~~ V i~~r l wr~ 4~W .~,,,~, T _t - -- A ,~rh . n, 11 T-~~ _-___-a,~,.,,~n.._..,a