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HomeMy WebLinkAboutCCAgenda_87Jul22CITY OF FALCON HEIGHTS COUNCIL AGENDA JULY 22,1987 CALL TO ORDER: 7:00 P.M. B. ROLL CALL: C~OWETH ~ WALLIN V HARD CIERNIA ~ BALDWIN / WIESSNER V ATTORNEY ~/ ENGINEER C. APPROVAL OF MINUTES OF JULY 8, 1987: ACTION: D. PUBLIC HEARINGS: 1. 7:05 P.K. -Pro osed Vacatio f Alley North of Larpenteur, Pascal to Holton ACTION: /Ytr. 2 ru~/,.~v~.,.~ 2. 7:15 P.K. -Request for Platting -Stratford Off ice Park 3 ACTION: BC Co~'*t~ A~ac -~'~ EJ CONSENT AGENDA: m ~ 5 ~~- 1. Fire and Ambulance 8eports 2. Payroll 7/1/87 -7/15/87 - $9,141.06 3. Cancel Check #20473 in the Amount of $225.00 Issued to ICISA and Re-issue .Check for $90.00 4. Appointment of Patricia B~a~ichard to Rescue Department 5. Planning Commission Minute~,of July 6, 1987 6. Prosecutor's Statement for May, 1987 7. FiscalCoasultant's Statement 8. Ramsey County Sheriff's Report for July, 1987 9. Park and Recreation Piano Purchase 10. Licenses ACTION: F. RBPORTS, BEQUESTS AND RSCOIilIENDATIONS: 1.Request from Carl Bloaberg, Owner of Building at 1579 - 1583 Hemline, for Fire Code Var ACTION: 2. Proposed Revision to Code re: Loitering (8-2.20) and Pub~l,ic Consumption or Use 8-3.08) /A~.?~'~ ,"` ~ ~4.~ `'~ ti''`-e-~" "~ ~ fS.CrJ~.4 0 Gd~~- :/o S ~ ACT ION : ~.e - l 3. Pre~s4entlat~i ror-~ ~s ACTION: 4. Proposed Aaendment to Code Relating to Alcoholic Beverages (Chapter 6, P. 101) I ACTI01~S~/~ by Winfield Development s ~ ~ ~ ° `~`,°yv . AGEND,R JOLY 22, 1987 PAGE 2 5. Bequest for Sever Repair 8eimbursment from Evelyn Peterson, 1552 Crawford ACTION : a ~6. Public Works Truck sue` ~~ ~ ACTION: G. ANNOIINCEMENTS AND tTPDATES: H. ADJOIIRNIdENT: ACTION: F ~ . ,J~.,r.~~.~ ~~i-wy.-1c~-~-~J icce~ r ~ s ~`~ plc- ~-~' aril `~ C ~~ n u e MEl4ORANDOM TO: Tom Baldwin FROM: Mark Schroeder RE: Jay McNabb - Conflict of Interest ISSOE July 23, 1987 You have asked me to comment upon the potential conflict of interest. involved in Jay McNabb's representation of Carl Blomberg in his request for a fire code variance for his building at 1579-1583 Hamline. It is my understanding that Mr. McNabb is a member of the Falcon Heights Volunteer Fire Department, and is paid by the City for his services. Mr. McNabb is also a lawyer admitted to practice in Minnesota and is representing Blomberg in this variance request. If McNabb was employed by the City as a lawyer, or if the City had been a former client of McNabb's, his representation of Blomberg in this matter would possibly constitute a conflict of interest under the Minnesota Rules of Professional Conduct. Because McNabb is employed as volunteer fireman, the conflict of interest situation is far from clear. Nevertheless, because McNabb's representation of Blomberg relates to a request for a fire code variance, the tension between his employment with the City as a fireman and his. representation of Blomberg is height- ened. Whether this tension rises to a conflict of interest 4 depends upon the extent and nature of McNabb's involvement in this particular matter as a City employee. ANALYSIS A lawyer's ethical obligations relating to a conflict of interest are prescribed in the Minnesota Rules of Professional Conduct. As a Minnesota lawyer, Blomberg should conduct his affairs in a manner consistent with these rules. Two rules are arguably applicable here. Rule 1.7 contains the general rules on conflict of interest and provides in part: b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless: 1) the lawyer reasonably believes the representation will not be adversely affected; and 2) the client consents after consulta- tion.... Minn. R. Prof. Conduct 1.7 (1986). Other parts of Rule 1.7 address the more common conflict situation where a lawyer attempts to represent a client where that representation would be directly adverse to another client. The primary purpose of Rule 1.7 is to promote a lawyer's duty of loyalty to his clients. The problem in the instant matter is that the City is not a client of Mr. McNabb's. Thus, the potential conflict here poses concerns over whether McNabb's position as a volunteer fireman would adversely affect his ability to represent Blomberg. 2- The comments to Rule 1.7 note that "[r]esolving questions of conflict of interest is primarily the responsibility of the lawyer undertaking the representation.... Where the conflict is such as clearly to call in question the fair or efficient administration of justice, opposing counsel may properly raise the question. Such an objection should be viewed with caution, however, where it can be misused as a technique of harassment." Thus, the propriety of the City's raising an objection to McNabb's representation of Blomberg is questionable. The second Rule of Professional Conduct which may be appli- cable in this matter is Rule 1.11. This rule addresses successive government and private employment, providing in part: a) Except as law may otherwise expressly permit, a lawyer shall not represent a private client in connection with a matter in which the lawyer partic- ipated personally and substantially as a public officer or employee, unless the appropriate govern- ment agency consents after consultation. Minn. R. Prof. Conduct 1.11 (1986). Once again, Rule 1.11 contem- plates government employment in a legal capacity, rather than a nonlegal position as we have here. This is explained in part in the comments to Rule 1.11: Where the successive clients are a public agencyandaprivateclient, the risk exists that power or discretion vested in public authority might be used with special benefit of a private client. A lawyer should not be in a position where benefit to a private client might affect the performance of the lawyer's professional functions on behalf of public authority. Also, unfair advantage could accrue to the private client by reason of access to confidential government information about the client's adversary obtainable only through the lawyer's government services. 7 3- k The consideration raised by Rule l.ll is whether McNabb's position as a volunteer fireman gives him access to the City's confidential information which would result in an unfair advantage to Blomberg. Additional concerns which will determine the applicability of Rule 1.11 is whether the City's inspection of the Blomberg property for compliance with the fire code was a matter in which McNabb participated personally and substantially as a City employee. Various cases have analyzed application of the Rules of Professional Conduct, and its predecessor, the Code of Profession- al Responsibility. A brief review of these cases revealed none that were closely analogous to the present situation to warrant any comment herein. One final source of law defining conflicts of interest are various statutory codes of ethics governing public employees. See, e•g•, Minn. Stat. ~§ 10A.07 (1986) (Ethics in Government Act) (conflicts of interest); 43A.38 subd. 5 (1986) (code of ethics for employees in the executive branch) ("actions as an agent or attorney in any action or matter pending before the employing agency except in the proper discharge of official duties or on the employee's behalf" deemed a conflict of interest subject to appropriate disciplinary action). A brief review of Minnesota Statutes and the Municipal Code of Falcon Heights, however, failed to uncover any conflict of law provisions governing conduct of Falcon Heights municipal employees. MGS:jr cc: ~an Wiessner Jack Van de North 4- MEMORANDUM TO: Tom Baldwin FROM: Mark Schroeder Vn~ DATE: July 23, 1987 RE: Jay McNabb - Conflict of Interest Addendum to Prior Memorandum) One additional thought comes to mind as to the potential conflict of interest in this matter arising from McNabb's position as a public employee. Under common law, Minnesota recognizes that an employee's duty of honesty and faithfulness to his employer is an implied condition of every contract for persona l services. Marsh v. Minneapolis Herald, Inc., 270 Minn. 443, 447, 134 N.W.2d 18 (1965). If McNabb represents Blomberg in a manner contrary to the interests of his employer, the City, McNabb may breach this duty of honesty and faithful- ness. An argument along these lines would be tenuous at best. McNabb's representation, requesting a fire code variance from the City, hardly seems to be at odds with his faithfulness in his duties as a fireman. He is seeking an excenti~n to application of the fire code by way of a legal device, a vari- ance, instead of seeking non-enforcement of the fire code. MGS cc: /Jan Wiessner Jack Van de North Consent cy CITY OF FALCON AEIGATS REQUEST I:OR COUNCIL CONSIDERATION Meetintt Date: 7-22-8i Agenda Item: Con C-Y u MINUTES PLANNING COrQ4ISSI0N MEETING JULY 6, 1987 The Planning Commission meeting was called to order at 7:30 P.M. byChairmanBlack. Northrop, Grittner, Black, Finegan, Mead and Daykin. Also present was PRESENTCouncilLiaisonWalliri.. Boche, Duncan, and Nestingen.ABSENT Mead moved, seconded by Daykin, to approve the June 1, 1987 Minutes as JUNE 1 1987presented. Motion carried unanimously.MINUTES Kenneth Moser, 1853 North Hamline, in a June 29, 1987 letter to the APPROVED Clerk Administrator (a copy of which is on file) requested that the KENNETHPlanningCommissionreviewCityOrdinance9-2.06 allowing the constructionf MOSERoafence36inchesinheightinfrontyardsofhomes. Mr. Moser is ofthi 1853 NORTHeopnionthatfencesshouldnotbeallowedinfrontyardsbecausetheyg~,I~are unsightly and greatly diminish the aesthetics of a neighborhood.FRONT YARDCurrently, there are ~lafences presently located in Falcon Heights. A FENCEneighborat1877NorthHemlineissuggestinghemayconstructsuchafenceandheaswellhiiCONSTRUCTIONassneghborsobjecttosuchconstruction. Daykin stated that she would not be in favor of front yard fence constructioninherneighborhoodandsuggestedchangingtheordinancethatfrontyard DAYRIN/fence construction need a variance. Northrop advised that there are several NORTHROP/front yard fences in her neighborhood and found them to be attractive. GRITTNER/Grittner and Black agreed that the city should have control over the constructionoffrontyardfencesandsuchfencesshouldhavesomevisabilityquotient. BLACKBlacksuggestedothercommunitiesbecontactedtodeterminewhatcontroltheyhaveoverfrontyardfenceconstruction. After further discussion regarding degree of visibility, Grittner moved, secondedfiyFinegan, recommending review of existing code dealing with front yard fenceswith. regarding to dictating degree of visibility through the fence, i.e. not lessthan60percent, in residential districts. :Motion carried unanimously. Lucille Marshall, 1391 West Iowa, requested a variance to construct a garage LUCILLEapproximatelythreefeetfromthealley. Ms. Marshall indicated that they MARSHALL,need extra garage space for a secoad-car. The proposed garage will be 14 feet 1391 WESTby2Qfeet. She does not wisfi to remove the existing attached garage as she IOWAhadher-home resided and reroofed. A letter voicing no objections from neighborswaspresented. After a discussion regarding the amount of green space that would be left on thelot, Finegan moved, seconded by Daykin, to approve the variance request. Motion VARIANCEcarriedunanimously. APPROVED Jack Rlepp, Vice-President of Stratford Investments requested approval of his PRELIMINARYplattingrequestforStratfordProfessionalOfficePark (located north of City PLAT APPROVEHall) and explained the platting request. The preliminary plat is consistent FOR STRAT-with the previously submitted site plan. FORD INVESTMENTS MINUTES PLANNING COMMISSION MEETING JULY 6, 1987 PAGE 2 Mead moved, seconded by Northrop, recommending approval of the preliminaryplattingsubjecttoapprovalbytheengineer, legal counsel, city councilandcounty. Motion carried unaniously. The Planning Commission reviewed the job description and made the following PLANNINGadditions: .adding the length of office--three consecutive terms, and adding COMMISSIONthatthePlanningCommissionreviewsandrecommendsnecessarychangesinJOBtheCityCode. The job description will be given to candidates who apply DESCRIPTIONSformembershiptothePlanningCommission.. Finegan moved, seconded by Daykin, APPROVEDtoapprovethePlanningCommissionjobdescriptionasrevised. ` Motion carriedunanimously. Black requested that Commission members put together. ideas to develop standardsandbringthoseideastothenextmeetingfordiscussion. Mead moved, seconded by Finegan, adjournment at 8:56 P.M. Motion carried ADJOURNMENTunanimously. Edgar Finegan, Secretary 1HeoMH ~. PsAxxH PETERSON, PRANKS & RIACHWA=tHD- P. PSfIOtSON AONAIa J, ~~AtOPBSSIONAL ~QA170N H~IDtS1T L. Pe1~soN 8t01fB P. FIII,A DANffi. WITf PRAM 00 1tOST~ALE 1b'~S 1903.1982) C1dlQ~HQ A. BHAGMAN 1700 W$ST HIGHWAY 36 ALSO ADMTITE~ JOHN MIGHAffi, NIIIIBI ossvu~~, ~mJNBSOre ssII3 B'1 ~NSIN cars s..PSII.• P8I7flt L. ST. PSIBR. C.P. A. 1WOTHY J. IiASSEi1'612) 636-N00 ST. PAUL OFPI(B 300 MII)WHSf PliDBftAL BUIIDING MICHA~ T. OBBAiE SO BAST PII7Ii STItt03'P A. SCFIMIDT M1~.ST. PAUL, 1A SSI01 BiIAN H. HLB;IIVGTON 612) 291-8955 JA1[BS D. PFI<IZiPS QYDB G AFII.QUL41'OJUNSFl, ROILY T. BEIDQDS C. W1IS]AY PltANi(8 July 7, 1987 Ms. Janet R. WiessnerClerkAdministrator City of Falcon Heights2077WestLarpenteurAve.Falcon Heights, MN 55113 Re: Statement for Legal Sevices RenderedMay1987 Dear Ms. Wiessner: Enclosed is a statement for legal services renderedmonthofMay19$7.during the If you have any questions,please contact me. Very truly yours, PETERSON, FRANKS & RIACH t ~ ~ G~_ JER P. FILLA ec ting AttorneyCityoFalconHeights JF/d Enclosure STATEMENT FOR LEGAL SERVICES RENDERED TO THE CITY OF FALCON HEIGHTS PROSECUTIONS MAY 1987 Handboy: Rev rep, prep for and PT of def Valleen: Rev rep, prep for and PT of def R. Peterson: Rev rep, prep for and PT of def, prep for and T ofdef Rod: Rev rep, prep for and T of def Harrison: Prep for and T of def Brown: Prep for T and disposition at time of T, corresp. wit redisposition Sadighi: T appear, disposition at time of T, corresp wit redisposition Ray Jr: Send JT Not and Subp Welk: Send JT Not and Subp E. Smith: Rev rep, send T Not Harley III: Rev rep Morris: Tele conf def attry re facts, rev rep Hillman: Send JT Not and Subp Murrell: Rev rep, prep for and PT of def Pemberton: Rev rep, send T Not, prep for T of def River: Rev rep, send T Not, prep for and T of def Hodgman: Rev rep, send T Not, prep for and T of def Tarnowski: Rev rep, send T Not Manning: Rev rep, send T Not Total Legal Fee X735.25 Prepared by: JERON'~~ FILLA ttorne at Law PETERSO , FRANKE & RIACH 200 Rosedale Tower Roseville, Minnesota 55113 8~ C ~. LEADERS IN PUBLIC FINANCE June 30, 1987 IN ACCOUNT WITH City of Falcon Heights Minnesota Terms: Net 30 Days For all services in connection with Tax Increment Districts No. 1-1, 1-2,1-3, and 2-1 of the City, including the preparation of an update of thetaxincrementplanforeachtaxincrementdistrict, including all overheadexpense. L~5.50 account executive hours @ $38.10/hr. $209.55 Times 2.75 X 2.75 Due for Services $576.26 z We declare that the above claim is correct and that no part thereof has been.paid. EHLERS AND ASSOCIATES, INC. By • ~~ 7 OFFICES IN MINNEAPOLIS ANO WAUKESHA 50T Marpuette Avenue • Minneapolis, MN55402-1255.612339-8291 DATE OF ISSUE OTi0ai07 RAMSEr COUNTYTIMEObibSHERIFFSINCIDENTREPORT REPORT by INCIOENT YITHIM CTTT F 33 FALCON HEIGHTS ~ -°~~ - 01 CRINIAI HOltICIOE 0 02 FORC Ibt.E RA-E 1 03 ROBBERY p 04 ASSAULT 1 w . M OS bURGtA-RT-RESIOEIKE 1 4. R R - _ 07 BURGLARY-ATTEtI-TEO 0 Ob BURGLARY-POSSIBLE 0 04 THEFT-OVER ts0 _ ip 10 THEFT-TINDER ~'it- @ 11 THEFT-ATTENPTEO 0 12 TMEFL_-_~_1.4~_ 0 °~13 AUTO THEFT-RECOVERED 0 14 AUTO THEFT-ATTEM-TED = S AUTO THEFT-P SSIbLE 0 lb ARSOM 0 It fORGERT t C•FEITIIIG _ tFR~~~-_ a _ 19 EMBEZZLEMENT 20 STOLEN PROPERTY-BUY 0 I N -RQj RT -R 22 T~IIf @ r~to~uN ~ @ ROSTITUTION i VICE 0r20StiltOFFENCE0c ~ ltt,6 t+ off~ttsE-rwt ~ uaMt d 31 LIQUOR LAYS 1 ~ 32 OISORpERLY CONtWCt 1•3 YAGRAJI r 0 33tAlltIT11EROFFEM ! 30 ACC:-/ROPE~TY O~ttNE. 1RSIACT;-IERSO~l @wS2ACCFATAL1 S3 STREET LIGHTS 0 S4 ALARMS 16 SS ANIMALS tOTNER51 0 56 ASSIST A CITIZEN 30 ___.-. - ~_ = 3 y.: y. I SYSTEM RIND FRQN ~~1-87 TO 00-30-+ I" >ti,, 1 M TIDE OfOdSeuE 07/Od/a7 33 FA1C011 HEIGHTS 57 •OATING ~ SPINNING sd 6REATFIALrtER s9 ooA~s bo -ooi~s 61 OOi COl1-LAINTS d2 DOMESTIC _03 ENERGENCr 64 FIRE es ~ouo 66 1lISSI PERSONS 6T PROMIE! 6• RECOY REO PROPERTY 69 SEARCH YARRANTSi• to sNOY~oauEs 71 SUSPICIOUS COMPLAINT 72 TRAFFIC 73 11ISCEttAME0U3 TOTAL RANSEr COUNTY SHERIFFS INCIOEMT RE- REPORT_ar INCIDENT YITNIM CTtr 0 a 1 0 0 1 3 1 0 3 v __ 0 14 S1 • n. ~ -~~. ate. ai `i' y'y:.r.• w+ __ a -- i G S1ISTEM ERI0O FROM Od-O1-at TO 06-30-i r~ x ~• iC ` "~ ~, i ~ , " y. w, t a Ls. __ Consent~_ y ITEM DESCRIPTION: SUBMITTED BY: REVIEWED BY: CITY OF FALCON HEIGHTS REQUEST fOR COUNCIL CONSIDERATION Request to purchase a piano for City Hall. Falconeers Senior Club Parks and Recreation Commission Pat Bush EXPLANATION/SUMMARY (attach additional sheets as necessary): See attached memo from Pat Bush. BECOl~IENDATION MeetiaR Date:7-22-87 Agenda Item:,~n~,ant E- 9 There are sufficient funds to cover this expenditure in the 1987, Parks and Recreation Budget (#54 Other Improvements). This piano is likely to be used by other groups in addition to the Falconeers. FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 551 1 3-5584 PHONE 612-644-5050 T0: City Manager, Mayor and Council Members FROM: Pat Bush, Rec. Coord. Request to purchase piano for Falconeers The Falconeers Senior Citizens have made a request to the Recreation Commissionthatapianobepurchasedfortheirorganization. Members of the Parks andRecreationvotedinfavoroftherequest. A used piano is available thru Schmidt Music Co, for $455.00 plus an additional100.00 for moving costs. .-The piano is a Chickening upright and has newhammers, bass strings and was recently tuned. If this request is approved by the City Council, the piano could be deliveredtoCityHallonJuly28th. HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSi7TUTE OF AGRICULTURE Consent Agenda Licenses July 22, 1987 CORPORATE Champion Auto Store X1251 1532 W. Larpenteur Falcon Heights, MN 55113 Theisen Vending Company X1252 Hewlett Packard) 3804 Nicollet Ave Minneapolis, MN 55409 Paul Revere's Pizza x`1253 1545 Larpenteur Ave. Falcon Heights, MN 55113 GENERAL CONTRACTOR Keho construction Co. #1254 5801 Kemrich Drive Edina, MN 55435 ,. MECHANICAL CONTRACTOR Egan ~ Sons Co. #534 7100 Medicine Lake Road Minneapolis, MN 55427 SEWER CONNECTION Roto-Rooter Service Co. #1255 14530 27th Ave. North Plymouth, MN 55441 Metro Sewer #1256 1249 Rice Street St. Paul, MN 55117 REFUSE HAULERS Saver's Rubbish Removal 1307 - 6th Ave. so. South St. Paul, MN 55075 Van's rubbish Service 125 Lealand Road St. Paul, Minnesota 55109 Kowski Ribbish Service 1560 Oakdale West St. Paul, MN 55118 1257 X1258 11259 REFUSE HAULERS CON'T Bellaire Sanitation, Inc. 8678 75th St. North Stillwater, MN 55082 TREE TRIMMERS Ceres Tree Company 41261 2735 4th St. SE Minneapolis, MN 55414 A-1 Walsh Inc. #1262 1080 Norton St. St. Paul, MN 55117 Frans Tree Service 441263 8142 Red Oak Dr. Mounds View, MN 55432 X1260 Addendum to Consent Agenda July 22, 1987 Item E-10, Licenses of the Agenda COPORATE D.V.M., Inc. d/b/a $1264 Dahlco Music ~ Vending Company 119 State Street St. Paul, MN 55107 lunchroom) D.V.M., Inc. d/b/a #`1265 Dahlco Music ~ Vending Company 119 State Street St. Paul, MN 55107 pooltables) D.V.M., Inc. d/b/a #1266 Dahlco Music ~ Vending Company 119 State Street St. Paul, MN 55107 amusement machines) CIGARETTE LICENSE D.V.M., Inc. d/b/a #666 '~ Dahlco Music ~ Vending Company R~ 119 State Street St. Paul, MN 55107 ON-SALE D.V.M., d/b/a #301 Dahlco Music ~ Vending Company 119 State Street St. Paul, MN 55107 The above licenses are for Roc-A-FE d ~ Consent Policy ~/ ITEM DESCRIPTION: SUBMITTID BY: CITY OF PALCON HEIGHTS REQUEST FOA COUNCIL CON310ERATION Meetiatt Date :7-22-8 Agenda Ites: F_1 Request for Variance to Minnesota Uniform Fire Code,Appendix 1-A, regarding Basement Access or SprinklerProtection. Jay McNabb, Attorney representing Mr. Carl Blomberg,1579 - 1583 Hamline Avenue. REVIEWED BY: Terry Iverson, Fire Marshall, (See attachment C). 'Leo Lindig, Fire Chief (Leo's recommendation will be distributed at meeting). Dick Larson, Building Inspector, approved building plans with exception of compliance with Fire Code. EXPLANATION/SUMMARY (attach additional sheets as necessary): r r ~ - ~` ~` Building plans will be available at the Council Meeting. a. Letter from J. McNabb, 7-16-87 b. Copy of Insurance Coverage. c. Memo from T. Iverson, 7-16-87 d. Excerpts from Uniform Fire Code. e. Drawing of Basement. Mr. McNabb on behalf of Mr. Blomberg has requested a variance to the MinnesotaFireCode, Basement Access or Sprinkler Protection, for the building locatedat1579 - 1583 North Hamline. Attachments: T~~ ~ dfs~'b~.~d -~ fYI.Q,/H-o~6~~ ~ 7~Z~t~dO~'v RECOMMENDATION: Approve/Disapprove Variance to Minnesota Fire Code. c~.3~~~- 3Sc~za l u+t.Cr~ u~~ s+akt. t. ~ ~ Il~µ~l.~Ylt,1~3h 4Y1 Off- C~ 4~6129/ r ofcounsel: RALPH PALMER o~-~v Z~wEBER July 16, 1987 TO: Mayor Tom Baldwin and Members of the City Council 2077 W. Larpenteur Avenue Falcon Heights, Minnesota 55113 Gl~ / 121 ROSEDALE TOWERS ROSEVILLE, MINNESOTA 551 l3 612) 633 -9367 RE: Requested Variance for 1579 - 1583 Hamline Avenue Ladies and Gentlemen: Please be advised that I represent Mr. Carl Blomberg, thenewownerofthebuildingdescribedabove. Mr. Blomberg is alsorepresentedbyMr. Tpdd Young. Due to my familiarity with thevariancebeingrequested, I will. be the person primarilyresponsibleforfiling,a~`11 documents and attending all meetingswithrespecttothisvariancerequest. The variance we are 2.3020, which in essence Code. Under the. terms set 3ag of- ~~~•~ ( ap requesting is from Municipal CodeistheadoptionoftheStateFire forth in that Code, ~~= '~~, proximately 10 000 square feet).~~s. I have enclosed a copy. of the particular Codequestion. According to Ns~{~~a:_1 ~s r - : ;~- . --v=z i~ ~ Ln lam' '~'.':~~~ ~ ~~A I believe that is a very harshinterpretationoftheCode; however, Mr. Anderson was cited tometobetheleadingauthorityinthisarea, and thus it is hisinterpretationIwilluse. t:;~ t~ street. provision in The basement in this building is 46 feet by 89 feet. A mapofitisattached. There is one exit in the northwest corner ofthebuilding, and we have proposed putting a second exit in thesouthwestcorner. However, that will leave us short of completecompliancewiththeCode, as obviously not every point in abasementthatis89feetlongcanbewithin75feetofeverexit. If the Code is interpreted to read that every point inthebasementiswithin75feetofanexit, we would be incompletecompliancewiththeCodebytheadditionofthenewexit. JAYMCNABB ATTORNEY AT LAW Mayor Tom Baldwin and Members of the City Council Page Two July 16, 1987 Q Z The cost of the new exit would be approximately $2,500.00.The cost of installing a sprinkler system would be at least20,000.00, which is the smallest o~,the estimates we received.Thus, the price difference is $17,500.00, which will not berecoupedonourinsurancepremiums (please .see attachedletter). In short, the installation of the proposed new exit willputuswithinapproximately25feetattheworst, and 13 feetatthebest, of compliance with .even the strictestinterpretationoftheCode. We are asking this Committee tograntthisvariancetous. Please call ne with any questions orconcernsthatyoumighthave. - S'ncerely, l ~ ~~~c ~~ ) -i Ja McNabb y JM/emt Enclosures cc: Mr. Bob Blomberg Mr. Carl Blomberg B~u'u`~ 4 INTERREGIONAL INSURANCE AGENCY INC June 25, 1987 Jay McNabb Attorney At Law 121 Rosedale Towers Roseville, MN 55113 BE: Robert Blomberg St. Paul Fire and Marine Insurance CompanyPolicy #8006624285- covering property at 1579 - 1583 forth Hemline Avenue Falcon Heights, MN 55102 Dear Jay: Please refer to your letter dated June 19, 1987 concerning the abovenamedinsured. I am attaching a photocopy of the insurance company declarationandcoveragesummarypages. I am also attaching a copy of the company note pages pertaining to the above policy. You will note that a rating factor of .80 is allowed for sprinklersystems, only if 100x of the building is sprinklered. Our insureds current building premium is #2,429. Insureds premiumwouldbe #1,949 with 100x sprinklered. This mould result in anannualsavingtotheinsuredof #480. You may also wish to contact:Mr. Jack Gallagher (920-6726) Customer Service Representative ISO Commercial Risk Services, Inc. 6550 York Avenue South, Suite #600 Minneapolis, Mid 55435 Concerning sprinkler credits for commercial buildings. Sincerely, Karl 0. [lean, Jr., CIC ltei Attachment cc: Mr. Robert Blomberg 11895 Singletree lane, Eden Prairie, MN 55344 (6121944-0600 b• Cory b - 2 INTRODUCTION ~~W This policy protects against a variety of losses.There are also some restrictions. We've written this policy in plain, easy-to-understand Poliey Huber: 8006624285English. We encourage you to read it carefully to determine what is and what is not covered, as well es the rights and duties of those protected. The words you, your and yours mean the insured named here: ROBERT HLOItBERG dba: ROBERT BLOMBERG 1481 HOYT AVENUE W. ST. PAUL PIN 55108 Which is a: INDIVIDUAL We, us, our and ours mean St hul Firs aad Marisa Mwraace Cewpaa~. We're a eapitsi stock company located in St. Paui, Minnesota. Your policy is composed of GenerBi Rules, an explanation of What To Oo if You Have A- Loss. one or more Coverage Summaries, artd~one or more Insuring Agreements explaining your coverage. It may also include one or more Our authorized rapresentativs is: u13T2a INTERREGIONAL INS AGENCY INC 230 11995 SINGLETREE LANE EDEN .PRAIRIE !Oi S53~iI- Authortzed Representative Date endorsements. Endorsements are documents that change your policy. The Policy Forms List shows. all the forms included when this policy begins. One of our authorized representatives must also countersign the policy before it is valid. This policy will begin on 12-18-86 end will continue until 12-18-87 Your former policy number: RENEWAL is automatically cancelled on the date this policy begins. In return for your premium, we'll provide the protection stated in this policy. Your premium is •53,429.00 hapssia~ Ogle 11-07-86 18:09 001 dOT00 Ed.S-84 Printed in U.S.A. Introduction St.Paul Firs end Marine Irisursnca Co. t981 Page t of 2 IESSOWNERS COVERAGE ttlEAiAARY his summary shows the Lfmits of CoverageandanyOptionalCoveragesyouhaveforthisiocatton. Property Protection Location N 001 Address: 1579-1583 N0. liAMLINE AVENUEFALCONHEIGHTSlD~i SS113 Buildinj t'~31 S 275, 400 Premiwn S 2,429.00 Liarility Protection Commercial General Liability Protection S 1,000,000 Each- Event LimitThislimitisthetotalforelllocations boss t<sr CoveraSes Accounts Asceivable Money b Securities increased limmt: Limit of CoverageappliesOptional6100deductibleappliesta8uildingandBusinessContentsOptional :500 deductible applies to Building and Business ContentsOptionals1000deductibleappliestoBuildingandBusinessContentsCoastalDeductible Higher General Liability Limit tieaal CovsraSes ®indicates coverage appliesEmployeeDishonesty __ No. of employees/:10.000 limitOptionalGless __ Lineu feetOutdoorSignLimit of CovuageTemperature-Humidity Computer .Software Limit of Coverage Heating and Air Cond. = 25.000I--- im_ Liquor Liability Limit same as Progeny Protection Electrolysis Limit same as Liability Protection Stop Gap Llabilit :25.000 limit y Limit same as Liability ProtectionMineSubsidence- Endorsement applies Premium chsrged to meet. our minimum requirementTaxesandSurchsrges S ~ 00YwroswN ~ for grove Ncatioa S .00 S 2.429.00VfindicatesapplicableOSProtectionCtassautomaticsprinkler001Territorycerttraistationburgluyalarm : 100 deductibleCConstructionbldglessthan10yrsold = 500 deductible4RateGroupactualcashvalue~ldg i 1000 deductible sole occupantNrtbt ~fr~ dba: ltOdERT aLOftill:AG 41120 Aev.11-65 Printed in U.S.A. Cover Summuv COPII h'~ j~W hair Mn.Nr Iit00662i2aS Efifltdvo Oats 1T-la-asronulMalt11-07-a6 1a:09 001 s~~/Pb,Gcy AntesTheSt. Peu/ ssowners assitication y Proeectlw,l-8 n ~r.~,~w„ s25o sWld~~g ~~„~Timitory.• iDO1 ~~ ~~ Os0Countiesof.• Hennepin ~ N,,,,and Ramsey ~ rcentile-Owner c.~.~ ~"r ~'"' Od ~ whole 4.17 7.58 11.37 Pert Mercantilee-Lessors 5.23Riskonly 8.72 12.51 S/I/eSS ~lSq/laf r~rotaction 9-10 ilding Constn,ction L~It A. ~ 4~ Dor. c Ante G-oup 1 1.0.19 13.59 i 5.B0 3 11.58 15.44 i 7.76132817.76 20.39e ~O~ 4 17.45 23 17 26.72 ib~Aa o/Factors Tf-pe Factor 1.000 ~eductlliie 1.06 sd sole occ~~ant_ ~Wdihsestan~~g 90 ngCashValuation- ~Buidin9s9ceder10yearsold 90 1.10 Central station burglar alarm 90 95 croese~al L.Ieb,~y (jny~ Rates Link Buidiip 500.000 11,000,000 '~ s Prrsonal Property 30 12.000.000 (Sae ' 10 . 80LiabilityLimits-Optional Coverage Ratesi EH~ctiw 4-88 a b-~r e CIiY OF FALCON HEIGHTS W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 651 7 3-5594 PHf)NF R19_cww ....~.. July 16, 1987 T0: Mayor Tom Baldwin and Falcon Heights City CouncilFROM: Terry D. Iverson, Falcon Heights, Fire MarshalRE: Proposed Variance, regarding current Minnesota Fire Code BasementAccessorSprinklerProtectionAppendixI-A at 1583 N. Hamline,Robert Blomberg property. I would like to recommend the City of Falcon Heights uphold the current Minnesota Uniform Fire Code izirtl~is and all matters relating to the code for the following reasons• ., 1• The City of Falcon Heights adopted the Current Minnesota Fire Code and all future amendments on April 11th, 1983. 2• The reason for adopting the code was to have a clear, non-prejudicedsistantguidetoenforceandtoprotecttheCityofFalconHeihtssafety. ~ con- g public 3. When code variances are granted, the credibility of the code and codeenforcementaregreatlyhindered. 4. Variances also suggest to other concerned .parties that the code is weak and not an asset to the city public safety. In conclusion, upholding the current Minnesota Fire Code will enhance ..your continued interest in Falcon Heights safety. ThesetforthintheCurrentMinnesotaUniform. Fire Codeowerefcarefullydchosentoinsuresafetyofbuildingoccupantsandshouldbecarefullyconsiderreviewinganyvariance. ed in TDI/kn T~ ~NNe90TA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE d-~ yyy ,,-~~~.,,~~. M y. y 1 violate any of the provisions of Nis Code a StandardslYtherewith, a who sha11 violate a fail to complyawooshallbuildinviolationofanydetailedaplanswbmittedandapproveddter+eurtder, a nayNenwuder, and from which ao appeal bas been taken.y with wch an order as affirmed a modified ~, thet )~~~. within the torte fired hettin, shallwchviolationandnoncompliance, tt~tivdy~ bekbyafineoftotleasthani-_ a by moment to not lessthan =~~ sdn~c a by berm wNt floe md;mpcisooment.dtY fa any violation shall not excuse the violation allsuchpersonsshallberequitedtocorrrrctaw;dtin a roasonabk time: and when not otltetprohibitedconditionsatrmaintainedshallconstinru he above penalty shall not be held to prrvent thedooodicions. aFy~~~G ORDINANCES. r 1 f COOfl~B a ~nsisunt with theeaCodeaStandudsherebywedare refaena u aperific Mva that are amended aberequired. by declaresgraph, senunce a word of this ordinance a of theoptedbedeclaredfaanyreasontobeinvalid, it is ier portions of this ordinance osdependent of thearchportionasmaybedecWsdinvalid. t: lea and be in force from and after its approvt~ as tea EDITION 1.101-1.1e3 PART I ADMINISTRATIVE ARTICLE 1 TITLE, INTENT AND SCE . Tltltt Sec. l.lel. Ibis code sbau be kno+un as Ne U!~)RM FIRE CODE, may becitedassuch, and will be referred to herein as "this code. •• btrttc Sec. i.le2. (a) h is Ne intent of dris code ro prescr,'bewry °~'°°aUy ~~ 6~ Pnti'~ for the safegu rr~oabj~degree of life am property 5om the hazards of fire and explosion arising from thetxarage, handling and use of hazardousfromconditions . tssserials and devices, and a Premises. hazardous to life aproperty is the aar a occupancy of buildings b) Where rte specific txaod:rds a ~~ ~ specified in this code. anoatainedwithinotherapplicablelaws (a adopted oades) ay' stta wiN the standards of the °• comPli- rotation Association a other lnwrma Assoctaoon, the Ntttional Fire apRvved by the chief shall be deemeduy ~~ ~ safety as arc this inunt. Prima facie evidemx ofcompliance with c) W'bcnever in this node reference is made to the appendix, the provisions intheappendixshallnotapplyunlessspecificallysdopted. e1.103. (a) 77te m~ Provisions of this code sha11 stg~pkmem any and all !av-~sgwfiresafetyaod.shall apply to all persons without testrrcnon, tmkssspecificallyexempted. b) The previsions of this oodc shall apply to existing ooeditions as weU as to atistence atat~,dopp~ ~ ~°D~ ~ ~ 000 legally in be Permitted tocontinue only if. ®tbe O0 Herewith shall distinct hazard to life a oPID10O ofhhe cJtid, they do not txrauittue aany ~ per, ~ 1 ~ ~ ~ $. u) Where there as a oottflict between a Eeo~- and a specificteqirementforaniadividuiloatrpancy, the specific tsgnirement shall beapplicable. La r'K .: r -•~ `~„+~t,' Wit' a; is -1yr ~,'?~ w.k~. ,3 i... ~ Y A~e~M t !~~ _ t y: ~ , 2 r s~ay~+~ao~~ ~~~~ aq 4 '~°~~ ad ~' k Ana ~ i~soir b • a~~ tspp~9°~'t ~ sus sip 4i ~ "' ~ Do~ of ~ ~d30~~of~ebui ~~'alfea~ s ~ ,.6rer~ ~ 6e ~~ ~~ ~ 73 fea ~. ~, car" ~~~ ~~ ~ 1*~~~ ~ ~ ~~ ~'O ~Pv~a~ ~r 7 ~ ~~ ya.a~Q~~ ~~~~ ae ~'~ard~ ~ ;dam ~ :~. 4~ G~ - Z aoniar iw~ S~MrAY IDEHT~ t~°~tRed ~bP~' ismp~ovi~iatorr i~i ~s+ps Se i r~ be is as ssd t4 ~ t ~E ao~e ~ ~ sectio4 shai!'PP~Y ~ nev s~ W Tfe sip ~.tr be a 12 .h) Ae aches by 1ocarioeshWbei~ s~-;ed, emote ~..~ ~ i~„' sir i 1-is~i~ ~'~ ~0"~ ~tlt be plaac ams~•~ ~t ~ y«i~ str y~,''~. ~.~~6°` ~ ee via.. d i 1-i blact~ afale stair y~~a` Shan ee ~ioea i7 ~ ~ i-i.d ~ s~.:d J 1 wp No roc s-i^d ~ ~«;,~ b Tl~M r _ ._ 1 P ~~ j L 1 LZ Y •s 1 Appe~M I~ pR ~ aad ~ hs ~i i a ooatiaaa~ moral 1~ aR ~ aiy ~a~ r ~~ ~~'e °°~~ b ~f s hr+iast ~ op~~ ~°a• a~ eta aoei~do~ ~i be ~~~~1kaa/ slr~ ~ °!"~ n. ~ °°`~ +!~ hne at Mar aae tia1 snd aao~ ~ ~a~.~arte+aiL ~e ~iyi~ M ~ `l •4• err ~ ati ~~a ~ rpr~ ~EC1'1oN J ` ~ °`°°°dr~'soo ~ ti~et i. ~ ~ ~ hided is baser,q,~ a,r ;a ~niliNnn dracooaoafata~ ~ poa^d level ' ~~ . lt~e a ' ' ~ 1tia oae side tithe ~ ~ °f w d30 iaches. .if' pcataoi d a bpeasears °~ ",.~- , s~~ot~ shall be portled w ~sM f°°t ttaat S. ~~r - j P~P~ sia~ be p~~ ~ea road a lodes ~ ~ Ibrei~ Cadt ~ maoWed i~ 10N Of Op~,'t,N~Ei Yirs apps ~ ~~ ~r Seepar 303 of tre pp~7 ~ioas ~ ~ °~!' b< aooeptable .fie ~~~ d-z BRAIFIYMAY WEMTIFK 1/M'0~ draepos dtiis appt~a is sD pnovitle iadorr d,'emaae pessoaret b tanme that ~ do as t pei~. b tlue staadatdiaed sips be i r aar rtd ttat tam he is oa aed the uppt pp'E l1e pvrisiaas of this section shall apply to oev tote stories i 6ei~t. s~ 1e sip shall be a mieinwtn 12 inches by 1 h) 7fe ~ tocadoe shall be plaood at td Yoitlarei;a,~.ritf K-iech strobe C'wir No. t.. q ttie ata~w~a~r's apps tes,aiats shalt be plan i i 1-itsel~hyh block ~t svii'/e-ieeh str tms"~ N! 7tie tloa krd aNeaber shill be ptaoed u d Yr.-iecM woke. TMe mes~ine praoaQid the floor awttbec Batertttnr levels sha! ie tjoor asustbae s)t1a iowaratd uppertertaievs tithe stait.r; i 1-ia block •rilh S/.-irac neae sips shalt ba enaiataiaad is ar appo i-t~ 1-iaett x v.-it~t TMI of counsel: RALPH PALMER Jo~-nv z~wES~ July 16, 1987 TO: Mayor Tom Baldwin and Members of the City Council 2077 W. Larpenteur Avenue Falcon Heights., Minnesota 55113 21 ROSEDALETOWERS ROSEVILLE, MINNESOTA 55113 612) 633-9367 RE: Requested Variance for 1579 - 1583 Hamline Avenue Ladies and Gentlemen: Please be advised that I represent Mr. Carl Blomberg, the new owner of the building described above. Mr. Blomberg is also represented by Mr. Todd Young. Due to my familiarity with the variance being requested, I will be the person primarily responsible for filing all documents and attending all meetings with respect to this variance request. The variance we are requesting is from Municipal Code 2.3020, which in essence is the adoption of the State Fire Code. Under the terms set forth in that Code, a commercial building of this size (approximately 10,000 square feet) is required to have a sprinkler system in the basement, unless there are a sufficient number of exits running directly up to the street. I have enclosed a copy of the particular Code provision in question. According to Mr. Steve Anderson of the State Fire Marshal's Office, this provision should be interpreted to read that every point in the basement must be within 75 feet of every exit. I believe that is a very harsh interpretation of the Code; however, Mr. Anderson was cited to me to be the leading authority in this. area, and thus it is his interpretation I will use. The basement in this building is 46 feet by 89 feet. A map of it is attached. There is one exit in the northwest corner of the building, and we have proposed putting a second exit in the southwest corner. However, that will leave us short of complete compliance with the Code, as obviously not every point in a basement that is 89 feet long can be within 75 feet of every exit. If the Code is interpreted to read that every point in JAYMCNABB ATTORNEY AT LAW the basement is within 75 feet of an exit, we would be in complete coapliance with the Code by the addition of the new exit. Mayor Tom Baldwin and Members of the City Council Page Two July 16, 1987 The cost of the new exit would be approximately $2,500.00 The cost of installing a sprinkler system would be at least 20,000.00, which is the smallest of the estimates we received. Thus, the price difference is $17,500.00, which will not be recouped on our insurance premiums (please see attached letter). In short, the installation of the proposed new exit will put us within approximately 25 feet at the worst, and 13 feet at the best, of compliance with even the strictest interpretation of the Code. We are asking this Committee to grant this variance to us. Please call me with any questions or concerns that you might have. ncerely, C y cNabb J mt Enclosures K! I ~ ~ .. cc: Mr. Bob Blomberg Mr. Carl Blomberg J ~ INTERREGIONAL INSURANCE AGENCY INC. June 25, 1987 Jay McNabb Attorney At Law 121 Rosedale Towers Roseville, MN 55113 U RE• Robert Blomberg St. Paul Fire and Marine Insurance CompanyPolicy.#B006624285 - covering property. at1579 - 1583 North Hemline AvenueFalconHeights, MN 55102 Dear Jay: Please refer to your letter dated June 19, 1987 concerning the abovenamedinsured. I am attaching a phot~otCopy of the insurance company declarationandcoveragesummarypages. I am also attaching a copy of thecompanynotepagespertainingtotheabovepolicy. You will note that a rating factor of .80 is allowed for sprinklersystems, only if 100x of the building is sprinklered. Our insureds current building premium is X2,429. Insureds premiumwouldbeX1,949 with 1002 sprinklered. This would result in anannualsavingtotheinsuredofX480. You may also wish to contact:Mr. Jack Gallagher (920-6726)Customer Service RepresentativeISOCommercialRiskServices, Inc.6550 York Avenue South, Suite #600Minneapolis, MN 55435 Goncerning sprinkler credits for commercial buildings. Sincerely, Sl u .~,.~,`d~ Karl 9. R1eia, Jr., CIC K/tei At taci~ent cc: Mr. Robert Blomberg 1'!995 Singietree Lane, Eden Prairie, MN 55344 16]2) S44-Ogpp rA,.a 1 -.. INTRODUCTION COPY St~W This policy protects against a variety of losses. There are also some restrictions. We've written this policy in plain, easy-to-understand English. We encourage you to read it carefully to determine what is and what is not covered, ss well as the rights and duties of those protected. Policy Number: B006624285 The words you, your and yours mean the insured named here: ROBERT BLONBERG dba: ROBERT BLOI'IBERG 1481 HOYT AVENUE W. ST. PAUL !tN 55108 Which is a: INDIVIDUAL We, us, our and ours mean St Paul Fire and MarineinsuranceComp~y. we're a capital stock company located in St. Paul, Minnesota. Your policy is composed of General Rutes, an explanation of What To Do If You Have~A Loss, one or more Coverage Summaries, aridbne or more Insuring Agreements explaining~+our coverage. It may also include one or more endorsements. Endorsements are documents that change your policy. The Policy Forms List shows ail the forms inirluded when this policybegins. One of our authorized representatives must also countersign the policy before it is valid. This policy will begin on 12-18-86 and will continue until 12-18-87 Your former policy number: RENENAL is automatically cancelled on the date this policy begins. In return for your premium, we'll provide the protection stated in this policy. Your premium is •52.429.00 J Our authorized representative is: 2213724 INTERREGIONAL INS AGENCY IIIC 230 11995 SINGLETREE LANE EDEN PRAIRIE !41 55344 Authorized Representative Dats v~~ vtr CaD. ~ti0(,[,~i s.~.~. Pncsssiig Die I1-07-86 18:09 001 40700 Ed.5-84 Printed in U.S.A. Introduction eSt.Paul Fire and Marine Insurance Co.1984 Page t of 2 dNESSOWNERS COVERAGE SUMMARY his summary shows the Limits of CoverageandanyOptionalCoveragesyouhaveforthis IOCatioh. Property Protection Location ~ 001 Limit PremiumAddress: 1579-1583 N0. HAHLINE AVENUE COPY U~ FALCON HEIGHTS MN 55113 Building S 275,400 S 2,429.00 Liability Protection Commercial General Liability Protection S 1,000,000 Each Event Limit This limit is the total for all locations 0 lions For Coverages Accounts Receivable Limit of CoverageMoney & Securities increased limit appliesOptional =100 deductible applies't'8 Building and Business ContentsOptional6500deductibleappliesto'8uiiding and Business ContentsOptionals1000deductibleappliestoBuildingandBusinessContentsCoastalDeductible ' Higher General Liability Limit tional Coverages ®indicates coverage appliesEmployeeDishonestyNo. of employees/s 10,000 limitOptionalGlassLinearfeetOutdoorSignLimitofCoverageTemperature-Humidity Limit of CoverageComputerSoftware125,000 limit Heating and Air Cond. Limit same as Property ProtectionLiquorLiabilityLimitsameasLiabilityProtectionElectrolysis :25.000 limitStopGapLiabilityLimitsameas Liability ProtectionMineSubsidenceEndorsementapplies Premium charged to meet. our minimum requirement $ .00TaxesandSurcharges ~ S .00Ywratwual ~emlum for above lacatla S 2 , 429.00 Statistitsl laformstia ®indicates applicableOSProtectionClassautomaticsprinkler s 100 deductible001Territorycentralstationburglaryalarm6500deductibleCConstructionbidgJessthanl0yrsold :1000 d4RateGroupactwlcashvalue•bld eductibie A sole occupant Natae of losurea ~oltcY Number 8006624Z8s Effective Dab 12-18-86dba: ROBERT bLOMBE:RG Ptegtslag DW 11-07-86 18:09 001 41120 Rev.11.85 Printed in U.S.A. Covorase Summary 1~ i Specia/Rv/rcyRates The St. Paul Businessowners po/jcy Classification Protection 1-8 Protection 9-10MinirrkWnPremium $250 Building Construction Building ConstructionTerritory: 00 /nwc cw.n ar. w, r w. c a~ o Counties of.• HennepinandRamsey Co~,~wo~.rMercantile-Owner 4 17 7 58 N0R' Y ~. Occupied in whole 11.37 or in pert Mercantile-Lessors 5.23 8.72Riskonly 12.51 Business Persona/ Property Rate Group 1 10.19 13.59RateGroup2 1b.C~ 11.58 15.44RateGroup313.28 17.76 17.76 20 39RateGroup417.45 .23.17 26.72 Table of factors Type Factor a 100 s .at +lr~k.beductible .i ox1,000 ~u~~s Insured sole occc+pant-free standing buildingActualCashValuation-Buildings Only 90 1.10Buildingunder10yearsoki Central station burglar alarm 95 Increased Liability Limit Rates Lit ~ Business Personal PropsrtyS500.000 .05 .30a1,000.000 ,10 .go52,000.000 (See Higher General Liability Limits-Optional Coverage Rates) 10 Effscxiw 4_gg f' FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 6b113-6664 PHONE 612-644.6050 1 July 22, 1987 TO: Terry Iverson, Falcon Heights Fire Marshal FROM: Dick Larson, Palcon Heights Building Inspector In regards to the property at 1583 N. Hamline; I interpret the Building Codeasfollows: They must have more than one means of exiting to the exterior. They do ontheirremodelingplans, show the additions of an exterior stair from the basement. This alone is not enough to meet the Current Minnesota BuildingCode: Section 3802 (B) (1), which must be adherred to. They must either sprinkle the basement or add exterior access openings, nosmallerthan30" R 30" and approximately 6 feet deep on two sides of thebuilding. Sincerely, Dick Larson Building Inspector cc: Jan Wiessner Terry Iverson DL/kn Flt)11AE OF Tf1E MlNN@SOTA tTATE FAIR ANC THE U OF h1 N~6'T1ME OF ACiRK:ULTUIE r •~r w .. llI~ORM WILDN~IG ChapMr 3 RE-EXTINGUI9~HMIG SYSTEMS enenl. All fire-auinguithing rystems nDgnired in this a acootdanoe with the rogt»rartents d this chapter: used is cooaecrion widt fne-extinguishing ryttemc t6a11 lore thread a ac approved by the fne department. • . kll fie-acting~ishiag ty:taris ioch~ding staomatic sprid~ II and m standpipe tytsems, combined systems, ttpeZ ping systems sad baasemeat pipe idea shall be approved s uch periodic rests as may be rued. The location dailfmectioostrballbeapprovedbythefivedepartoent. ,~ Far 1Ye purpose d this chapter, oertaio terms are defined Dt&EXTWGUISEmVG SYSIEM is ao approved ryste~' iptttent which automatically detects a fire and discharges ar . guishing agent onto ar in the area of a fire. YSTEM is a rystem of water piping which serves 25~r~eh- se fire department and also wppliies water a >4 X'.; tom. ROSE CON'VEC'TION is a cmnoctioa thra* ; rtntent can pump water YSTEM is a wet or dry system of piping, valves, ootlett aril designcd to provide weer u spuified pressures and i~Yei-; fighting of foes and classified u fotlow•s: taodpipe system without a directly connected water snpplyr~ inch outlets for use by the fire department or trained pet:as~ll. s mndpipe system directly connected to a water wpply did inch outlets intended for txse by the building oxttptaMt. ambinatioa standpipe :ysscrn directly oomected 4 xl with both 1 ~i-inch outlets fm use by the buflding s far trse by the fire department a trained persamd. ~. Fite-attioguishing :yst~s shall camplY w~ U.>~~d 38-2. EONS: 1. Aroomatic fire-a~tinEaiF6inE sys~ not . lard No. 3i-i ar 3E-2 shall he applbved and iasmtled Y Code. dC f~)Q t~ rary ht camel'led b the dotaeatic .,. iR0'VOd ~' ItIC tfOldiaj Of~1L'ial, provided tht domestic - ressare, eapaciiry and ~ to the cambued dosestic m arch case, the rpriatkr ~ ooeaectian ttsB! br sin ar inter sad the baiidim` shutoff valve, and dues a mwatiosr. t'he fire i~rtmest aoeoectisu d br the ire defaraaeec. wr- `_ 1M4 EDITION 1102 a ~'~ IAeriairN. An antamaoc fre-or~nishiog system shallbeimtalledintheaa~apaocirx and locations as sa forth m this section.tsar special ptrvisiaos ao hatadoas std , and calciumcarbide, tree the Foe Cade. b) A/ Oeespcb tfsoept Gtrwp q, DNittlaa 3 ataa Gr+wp M. Exoept forR, Divitdon 3 and (itaop M Occspsncia, n atoomspc sprid;ler tystemshallbeinstalled: 1. to every story a h~ d aU bm'idir-gs when the floor ara exceeds1300 ~ feet and there is aiot provided at least 20 sgmre feet d opening Thereof ddatseri~or A'~ levd ~ each 30lmeal lea ar fraction a- 6ateraeac as s< teats ace tide d meWig. Opeamgs sheD have a d~ios d slot less than 30itches. Sack apes~atgs shall be aooea~le tD the fn+e department from theetttrriiorandshallsot6eabstrnrtedisatttattserthatfie5ghtingarrescuecannotbeaooomptishedborndieetttaios Wbea openings m a story are provided o0 only oa side and the rteofsuchstoryismorethin75fenfromsuchapeaiogs, the sto~ry~sha-1providedwithmapprovedartontatic ~~ ~. a openings uspecifiedaboveshallbeprovidedooatleancs„o sidedaa exterior wail ofthestory. F any portion of a buerneot is locatod mare than 7S feex from openingsraN>red m thu section. the basement shall be provided with an approvodautomaticsprinklersystem. At the top of rubbish and linen chum and is their termi»al morns. Chutesextendingthroughthraormonofloorsshallhaveadditionalsprinklerheadsinstalledwithinsuchchutesatalternatefloors. Sprinkler heads shallbeaccessibleforservicing- 3. In rooms when nitrate film is stored ar handled. 4' )O P°teC'~ oombusflhk fiber storage yaks as defined in the Fine Code.c) Grasp A Oe~aaeia. 1. lIB~, tiisoss- An automatic sprinklershallbeinstalledioroomsprnmeilyacedfareate~g ~u whoar ~ ~ a00mt°ry uses where the total arcs d such ooasm ~~,~ ° Ses aaee>ds 5000 square feet. For uses to beseparationshutbesotlessduoasrequitedforaooe-aaP~' separation. 71re arse d other aces tfEtall tie included unlessaepantedbyatleastaone-hoar ooarpaocy sep~ A ~a s3'~ shall be issdtled io basements feet m floor a ~ ~ tvhea the basement is ~ than 1300 square I~ba err ipisy raaaat. An automatic :pci~1Q system shall be AAates~ feet d floc sinw~ an ~ ~p~' 4. dies. An attao~c sPiatlez sytaem sVli tic ittetaBed i eacbaed usable ti~ r r j~ o ;; e le ~°s li 1 t ~ Q 1 Q Q r e a ~ a- 0 r N Iy s~ r~Falcon Heights Fire-Rescue July 22, 1987 T0: Mayor Tom Baldwin and City Council FROM: Leo Lindig, Fire Chief RE: Fire Code Enforcement FIRE STATION 2077 W. Larpenteur Avenue falcon Heights. MN 55113 As you are aware any orders are subject to appeal and you, the Council, are the appeal board. However, as Fire Chief of Falcon Heights I feel the code should be enforced as written. J a "~rii - _s~ ~ s.. - _ i n `~ my of d,e ~~ d ~ C.ode aStamda~wpty thaeM;th, a oho shalt violaae sled b °~PlyarmhoSheaettiidmviolat;on d iy da~u'ted i ~ ~p1W ~ a aey dy with sorb ao order b alFim~or a~~' ~ mP~on, >wiahio the time fnmd ~, mallrysorbviolationand °OO~PI~, ~~ ~amble by a floe dent lac tmo i ar iy itoprisoemeat far not hatis than - w.... or by bath sorb fa.e lapiolatioashallnoteseveethevioittiae orailacApersonssuit6eregttirWbcorrectaswithinateasonabk ~: ~ ~ teatatprohibirodcaoditioos ~ shaD e t~ :Sall >tot be held b ptevent the CONFLC'I'1a11t;, ORDIINMlC1FS. O°~l~ct'°8 a ion w~ theSc'°d'eds boe~' a~p,ad are Letiaas. refeeaoe w ~{~ lawn rAat as seeded at? ~ med. vaaraph. sentence ar word of this ~~adoped be declared for an ° t'dinaooe a d the y reasoe b 6e invalid, it is offer portions d this y stish P~ as mry be dbciared d tre r e>rea and be in face 13+om and alkr its approwaT as tt~ EomoM PAR?' I ARTICLE 1 TITLE, LATENT AND SCppE T11N Sae. l.l~l. Tbic code shall be Uawaa as the t71~M FIRE CppE. mry beriledassaKh, and w~T1 ie atdared b ioeia as •`~ node." rllfattt Sac. 1.1112. (a) h is the ieteas d tiffs code b pea~~ oonsista~nt 0'0C PrOP'Qh ~ lrttards dfaR to • reasonable txoraae, iaaminE sad nee of °sa°e10n ~~ fran d,ehazardoans+rb~ca, ts+atcials sad devices, andromeoeditioos6amdorisblifeapoperrymtieoaeaooarp~y of buikiioEspremises. b) Wbere no spexific siaodar+ds ar requeemeaa aR d io tttis code. aidsofaPPl~ tames (~ ~ codes) oradioaoces, coatpti- Preaecsion Association a other 1as+aanR ~s~0°• the Nations! Fire approMed by the chief sialt be deers ~~~' simdsrds as ate this iatesst. Pry Earn a'~0a drnmPlianoe witD c) Wheaever in this code nefeseaa is made to tie appendix, the P~'i~as insppendi: sha11 oa sPPIY unless specifically Wpp~,,d.P~ Sec. l.ltl. (a) The prvvisiaos of this code sbdl snpple~ soy and W lawsb ~ safety a^d-:belt apply b ail peesoas w~ob . ueless dtDiob d this code ihal apply b ~ oondioo etistencs at~ a~ tie adaQtiai theeo~ ertcspt that ~tiob kSaltyadoptiondthisnodeatlnotissovietdraewithshallsnb° ~ alY it: i the opinion dtfte ciid. irydo ant comae s r..~ w.~ ..._ ~ _ ~_., ~ _ Consent Policl~_CITY OP FALCON HEIGHTS REQUEST FOR COUNCIL CON3IDERATIOM liccs y~SGRiPTION: SUBMITTID BY: REVIEWED BY: Proposed revision to Ordinances re: Loitering.Chapter 8 - 2.20) and/or Public Consumption orUse. (Chapter 8 - 3.08). Deputy, Terry Johnson, X82 Neetinq Date J-22_8' Agenda Itea:~ n n -N~' Jan Wiessner Jerry Filla has been on vacation all week, I'll try togethisrecommendationonMonday). EXPLANATION/SUMMARY (attach additional sheets as necessary): The Falcon Heights deputies have requested that the City Council create an ordinancetohelpthemdealwitharecurringproblemofyoungpeopleloiteringanddrinkingalcoholintheparkinglotbehindRoc-A-Fellas, between approximately 11:00 P.M. -1:30 A.M. Attachments: '~ a. Memo from Deputy T. Johnsonb. Memo from Deputy R. Augec. Sherriff's incident Report dated 7-16-87, 2:30 A.M.d. Existing Loitering Ordinance, 8 - 2.20e. Existing Public Consumption Ordinance, 8 - 3.08f. Letter from Mark Vaught, Attorney for D.V.M.g. Employee and House Rules According to a researcher at the League of Minnesota Cities,enforce loitering ordinances as a result of an often cited Supreme Courtddecision.toSheissendingsamplesofothercities' - Public Consumption Ordinances. They shouldbeavailablebytheCouncilMeeting.1 ~ Dom, Dak.Pch ~ b~taG,1 'r ~. ,b-~ .~ ~~. . ~,o~ Z - ~ ~ RECOMMENDATION: An opinion is necessary from Jerry Filla re: How a change in the ordinance mightaffecttheprosecutionofoffenses. NOTE: 1987 - 1988 License Applications for Roc-A-Fellas are on the Consent Agenda forthismeeting. C~L } 6/29/87 - ~ " '-'-- Q~ FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612-644-5050 July 16, 1987 T0: Janet R. Wiessner FROM: Terry Johnson,. Deputy 4182. RE: Problem in rear Northome Parking Lot. The Deputies who work the City of Falcon Heights, respectfully request con-sideration be given by the City to the following proposals: 1. That an ordinance be created that would allow us to deal effectively withtheproblemofloitering. See attached memo. 2. That due to all of the problems at Roc-A-Fellas, the City Council would re-quire this business to provide nightly security to police the area of theparkinglot, and disperse groups that congregate there. The attachedPoliceReportisasampleofnightlyactivitythere. I stopped at Roc-A-Fellas yesterday, July 15, 1987, 10:30 A.M, and talked to Jenny the Manager.She acknowledged that she was aware of the problem, but was having adifficulttimefindinggoodhelpforeveninghours. I told her we wouldallowhertoattempttosolvetheproblemfirst. If she does not, I told herwewouldtakestepsinthatdirection. I feel that if there is no improve-ment in policing the area by the August 12, 1987 Council Meeting then theCityshouldtakestepstoassure. that Roc-A-Fellas are forced to providesecurity. I would like to request that the matter of the ordinance bebroughtbeforetheCityCouncil, July 22, 1987. TJ/kn ~ ,f HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE rY vQJ.YI'Y 8tik~S~ ~i?ICS i'1tQ1: /~ /-/cue { BUJ FLT: c •~ ~~ ~a S LSE: _ .~ G nn DATI' Ae?ORTTDts~3c~n D pan DA?E / T T J .~ e~ i~ '. C~~tc t ~'fi ti arsts r ~ .~ 1KJ' i+~ l~ a .~6~< h~.« Few ~e,~~~>,-~~ Q O~irec U,'s~ r4. ih/4k c •f /e t ~' T ••N OG T s'K ~ UK t J ~~ OSOAI'~ If e g I~ t•s ~ ~{e rtc~. ~~ r /~,. i a .•- - .. t s ~ i~ it C c!~ tis s rlK~b/~ Orfi lt~wet rf . Lti!• 4 c m z; i J r f t t g p a r ra r t 1( i .~1' I i M 40 T IYO f a~ i~ YJ t r eg Y Y Y t O f a u u o N A www z i~ 4 n A 1 t 1 i e A 1 o Y M f `' A O Z Z z n D d~ the public conveyance for official business), or litter, orconsumefoodorbeverages, or take any action which disrupts orimpedesthesafeoperationofthepublicconveyance. As usedherein, "public conveyance" means any motor vehicle whichtransportsmembersofthepublicatlargefromplacetoplaceinconsiderationofthepaymentofafare. 8-2.14 Unn_ecessarv Noise or Odors. No person, in any public orprivatepace, shall make, or assist in making, by any mannerormeans, any loud, unpleasant or raucous noise or odordisturbingtoothers, unless the same be reasonably necessarytothepreservationoflife, health, safety or property. 8-2.15 Noisy Parties. Subdivision 1. Partici~at_i~on_. No person shall congregatebecauseoforparticipaten~art,y or gathering of peoplefromwhichnoiseemanatesofasufficientvolumesoastodisturbthepeace, quiet or repose of air other person. Subd. 2. Remainin to Abate Disturbance. No person shallvisitorremainwthinanypacewereinsucpartyorgatheringistakingplaceexceptpersonswhohavegonethereforthesolepurposeofabatingthedisturbance. 8-2.16 G_. No 'person, in any public or private place,shall engage in or assist, or offer or attempt to assistanothertoengagein:~the betting, wagering or risking of anymoneyorotherproperlyinanygame, pool, lottery, device orotherequipmentorupontheoutcomeofanyevent. 8-2.17 Gaming House. No person shall own, lease, sell, operate,maintain or permit the use of any building or place with theknowledgethatitis, will be or may be used for the purposesetforthin8-2.16. 8-2.18 Entering House. No person shall enter, attempt to enterorremaini`building or place knowing it is, or is about tobeusedforthepurposesetforthin8-2.16. 8-2.19 Possessing Equipment.. No person shall own, lease, sell,operate, maintain, use or permit the use of any game, pool,lottery, device or other equipment which is primarily designedorusedforthepurposesetforthin8-2.16. 8-2.20 Loitering. No person shall loiter on the streets or in apublicplaceorinaplaceopentothepublicwithintenttosolicitforthepurposesofprostitutionoranyotheractprohibitedbylaw. 8-2.21 in No person, in any public or private place, shallbegfrtxnstrangersformoneyorotherproperty, other thansolicitationforrecognizedcharities. 14 leaves:, straw, paper, grass any street, alley, gutter, limits of the City. or any canbuatible material upon or highway within the corporate Subd. 3. Penalties. Any person, fins or corporationviolatinganyprowsonofthissectionshallbeguiltyof amisdemeanor. 8-3.08 on and Display of 1;~1 Subdivision 1. Public Cons tion or Use. No personshallconsumeoruseintoxicatingliquorornonintoxicatingmaltliquorinanyparkingareaconnectedwithorapartof thelandareaofthepremisestowhichthegeneralpublichas access and a right to resort for business, entertainment,parking, driving or walking including public sidewalks, streets, alleys and parking areas within the City. This prohibition shall include parking areas connectedwithschoolsoranyotherinstitutionoftrainingoreducation. Subd. 2. Care in Rece tacle from Licensed Premises. No person shall carry any open receptacle ncl ng a glass,bottle or other device used for the consumption of intoxicatingliquorornonintoxicattingmaltliquorfrayanylicensed premises. ~. Subd. 3. ~cific~~lpproval. Nothing in this section shall prohibit the temporary d splay or consumption of intoxicating liquor or non-intoxicating malt liquor in locations or areas specifically approved by action of the council . Subd. 4. Penalty. Any person violating any provision ofthissectionshallbeguiltyofamisdemeanor. 8-3.09 .Locking of Unattended Motor Vehicles. Subdivision 1. Locking Required. No person sha21 leave a motor vehicle, except a coeQnercial motor vehicle, unattended on any street, alley, used car lot, or unattended parking lotwithoutfirststoppingtheengine, locking the ignition,removing the key and taking it with them. Subd.2. Faf lure to Lock Immaterial in Certain Cases. Anyviolationofthissectonshallnottgatetheofenceof stealing such motor vehicle, nor shall such violation be used to affect a recovery in any action for theft of such motor vehicle, or the insurance thereon, or have any other bearing in any civil action. Subd. 3. Penalty. Any person violating any provisions ofthissectionshallbeguiltyofamisdemeanor. 153 S. MARK NAUGHT Attorn~~ At Lau 800 Amhoisr Tower 345 Saint Peter Street Saint Paul, Minnesota 55102 612) 297b400 larch 5, 1987 Mayor and City Council City of Falcon Heights 2077 Nest Larpenteur Avenue Falcon eeights, Minnesota 55113 Re: application of D.V.M., INC., for Licenses to OperateRoc-A-Fellas, 1544 Nest Larpenteur avenue Dear Mayor and Council Members: Enclosed please find the appropriate ezecuted applicationsandtherequisiteapplicationfeesonbehalfof ^y client,D.V.M., INC. d/b/a Dahlcq-'Music and Vending which has a contracttopurchaseRoc-A-Fellasiat the above address. It is not anticipated that there will be any change ineitherthe. name of the establishment or the manner in which ithasbeenoperated. Specifically, my client agrees in advance to the identicalconditionsofoperationplacedonissuanceofanyofthelicensespresentlyheldbyRoc-A-Fellas. It is •y intention to be present at your Council •eetingalongwithanofficeroftheApplicantasyellasthecurrentholder. of the licenses to ezplain the sale transaction and toansweranyquestionswhichtheCouncil >•ay have. Very truly yours, f~ S. Mark Vaught Attorney at Law SMV/ras Enclosures pF. INC, ~. GAMES i AM{ISEMENT DEVICES 366 WACOUTA • ST. PAUI • MINNESOTA 55101 Eh1PL0YEE RULES 1) ABSOLUTELY NO OiJE BUT EMPLOYEES IN OFFICE. 2) NO LIQUOR OR BEER ON PREMISES - Ei~7PL0YEE OR PATRONS. 3) VACUUM & SWEEP PRIOR TO OPERTItvG DAILY. 4) CLEAN FRONT & BACK WIIr'DOWS WEEKLY. 5) WAX ALL PINBALL PLAYFIELDS AT LEAST ONCE A WEEK. 6) CHECK ALL MACHINES FOR BURNED OUT LIGHT BULBS DAILY. 7 ) D0 NOT ALLOW ANYC3NE OTI PREMISES WHO IS INTOXICATED. 8) DO NOT ALLOW ANYON~'TO BANG, DROP, OR uISUSE EQUIPMENT. 9). DO NOT ALLOW ANY LOITERING - EITHER Iii FRONT OR IN BACK OF STORE. SEE TO IT THAT PATROPJS ARE EITHER IN THE STORE OR OUT OF THE PARKING LOT. 10) DO NOT ALLOW ANYONE TO VISIT OR LOITER IN PARKING LOT. 11) POLICE UP PARKING LOT & STORE FRONT BEFORE OPENING AND AFTER CLOSING. PICK-UP ALL CIGARETTE BUTTS, CANS,BOTTLES AND TRASH. 8~ t~ A F' INC. ~, iAMtf i AMY~EMBrT ~/~ 366 WAtOUTA • ST. PAUL • MINNESOTA SS101 HOUSE RULES 2) NO INTOXICATED PERSON WILL BE ALLOWED ON PREMISES. 3) PERSONS CAUGHT, OR THOUGHT TO BE DEALING OR USINGNARCOTICSWILLBEPERMANENTLYEXPELLED. u) PERSONS WHO HABITUALLY LOITER OUTSIDE OF STORE WILLBEPERMANENTLYEXPELLED. 5) PERSONS WHO ABUSE THE.EQUIPMENT WILL BE PERMANENTLYEXPELLED. 6) HOURS: `• SUMMER: I MONDAY THRU SUNDAY - 12 to 12 ~ SCHOOL TIME: MONDAY THRU THURSDAjt - 3:00 P. M. to 11:00 P. M.FRIDAY 3:00 P. M. to 12:00 P. M.SATURDAY 12:00 P. M. to 12:00SUNDAY12:00 P. M. to 11:00 P. M. C, Consent Policy `~ ITEM DESCRIPTION: SUBMITTID BY: REVIEWED BY: CITY OP FALCON HEIGHTS REQUEST FOR CO!!NClL CONSIDERATION Presentation by Winfield Developments, IncUpdateonRedevelopmentPlansforSEcornerofSnellingandLarpenteur. Jan Wiessner Meetiatt Date:.?-22 Agenda Itea: F-3 CITY TO PURSUE POSSIBLE REDEVELOPMENT BY WINFIffi.D DEVELOPI~NTS, INC. FORSSECORNEROFLARPENTEURANDSHELLING Baldwin reviewed contacts with developers over the past year and explainedthefourinterestedfirmshadbeenaskedtosubmittotheCityaletterexpressinginterestandideasonredevelopmentaY4thecorner. Two firmsresponded, (1) Stuart Corporation expressing aa'•interest in constructing athreestoryretailbuildingandaonehundredeightyunit4storyapartaentbuilding, such project to encompass the entire block, and (2)Winfield Developments, Inc., interested primarily in redevelopsent of theretailarea. Council discussed at length whether or not to go forward ininvestigatingpossibledevelopment, and if so, with which fire. AllconcurredtheStuartpleawouldbeinviolationoftheCityCode (densityandheight), would not be in compliance with the intent of theComprehensivePlaa (maintaining the "village" concept), and theNeighborhoodAdvisoryCommittees' desire that the small retail shops bemaintained. Concerned tenants in the Horthome Center (Route Bobbin and Champion Auto)were in attendance and inquired about the time frame for anyredevelopment, and if the new facility would be available to the existingbusinesses. Baldwin explained it would be a sloe process, Winf field hasindicatedtheywouldlike40Xofanyproposedbuildingleasedbeforestartingcoastruction, January of 1988 at the earliest. He also statedthedevelopersindicatedtheywouldliketoretainsuccessfulbusinesses.Ealdwin stressed that if the project is not economically feasible,redevelopment will not happen. After the discussion, Council concurred itcouldbeadvisabletoencouragetheWinffieldfirmtoproceedwithdeterminingthefeasibilityoftheirconcept. Baldwin and Barnes willscheduleameetingwithWinffieldtodiscussthematter, and then willscheduleameetingwiththebusinesscommunitytoprovideanupdate. AletterwillbesenttotheStuartfirmadvisingthemofthisdecision. MINUTES REGULAR CITY COUNCIL MEETING MARCH 11, 1987 PAGE 2 ,-. _ 1 6/29!87 February 10, 1987 Winfield 3300 Edinborough Wayinc• Edina, Minnesota 6,5435 612-835-5932 Mr. Tom Baldwin, Mayor Mr. Dewan Barnes, Clerk Administrator City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, Minnesota 55113 Re: SE Quadrant - Larpenteur Avenue and Snelling Avenue. Gentlemen: It was a pleasure meeting with you to discuss your proposed redevelopment project locatedattheSoutheastcornerofLarpenteurAvenueandSnellingAvenue. As requested, thisletteristoreiterateourinterestinworkingwiththeCityofFalconHeightsintheredevelopmentprocess. We have reviewed the information you have forwarded and it seems pretty clear thatthisisarealredevelopmentproject, that will require a true public/private partnership.As indicated we would be primarily .interested in the retail redevelopment of the quadrant.For the time being we would sugg~st .that the residential areas be left undisturbed. To sucessfully redevelop the retail property will require a great deal of time, moneyandexperienceandforthatreasonIwouldjustliketobrieflyreacquaintyouwithourCompany. Winfield is afull-service development company that has specialized in thedevelopmentandownershipofmulti-tenant business service centers, office space,commercial shopping centers and office/warehouse centers. Winfield has developed,constructed and owns over three million square feet of space in more than 100 buildings.In the Twin Cities, Winfield projects include Edinborough mixed-use complex and the200,000 square foot Edinborough Corporate Center in Edina; Energy Park Plaza andEnergyParkplaceinSt. Paul; New Brighton Business Center; Riverview Business PlazainSt. Paul; and the Londonderry, Valley View and Pakwa office and business servicecentersinEdina. Winfield also provides customized and highly flexible design andconstructionservicesforturnkeyprojectsandleasebacks. As afully-integrated realestateservicecompanyoperatinginseveralmarkets, Winfield has developed long termrelationshipswithmanyofthecountry's major financial and industrial corporations.Of particular note in Winfield's history has been its experience with thepartnerships. Winfield and its staff have been involved in redevelopment projects total8ngover $75 million in value. The most notable of these projects being in the Cities of St.Paul, Edina and New Brighton. We hope that our experience and capabilities are what The City of Falcon Heights islookingforasapartnerinthisredevelopmentventure. Any project such as this isdependentonsuccessfullynegotiatingaDevelopmentAgreement, in addition to themarketfeasibilityandavailabilityoffinancing, and we feel our redevelopment experienceshouldaidinthisprocess. Page 2 Mr. Tom Baldwin Mr. Dewan Barnes February 10, 1987 If we can provide any additional information regarding Winfield Developments, Inc. orifyouwouldliketotourourexistingprojectspleasefeelfreetocallmeat835-5932.Enclosed are some brochures for some of the projects we have completed in the TwinCities. Thank you for the time spent with me discussing the site and for your interest in WinfieldDevelopments, Inc. Sincerely, games F. Winkels Project Manager JF W/nkf Enclosures Consettt Policy ITEM DESCRIPTION: CIZT OP PALCON HEIGSTS REQUEST FOR COUNCIL CONSIDERATION Amendment to Alcoholic. Beverage Ordinance. Chapter 6 of City Code, p. 101). SUBMITTED BY: Jan Wiessner REVIEWED BY: Mark Schroeder EXPLANATION/SUMMARY (attach additional sheets as necessary): Meetia~ Date:?-22-8~ Agenda Ites:F-4 r Lance Boelter from the Minnesota Liquor Control Division brought this change in the state law to my attention. The change provides that the City Council may,by ordinance, authorize a holder of an on-sale wig license, who is also licensed to sell 3.2 beer (on August 1, 1987), and whose.;gross receipts are at least 60 percent attributable to the sale of food, to.sell on-sale strong beer without an additional license. .~ This change would apply to the Chinatown and Shakey's Restaurants. Mary Lopez,of The Chinatown Restaurant, is .very interested in this so she can sell Chinese beer with her meals. A representative of Shakey's indicated that theq may be interested. Both indicated that the quantity they would expect to sell would not warrant purchasing an additional license to sell strong beer at the current fee 4,000.00) for an intoxicating liquor license. Attachments. a. Proposed Amendment. b. Copy of existing liquor ordinance. c. Copy of new State Statute. RECOMMENDATION: Council to (approve/disapprove) an amendment in the existing Chapter 6 of the City Code, which would allow holders of both wine and non-intoxicating malt 1 to sell intoxicating malt liquor without obtaining an additional license.(Seeattachedamendment). 6/29/87 Gt . P. 101, Chapter 6 - 1.01, Alcoholic Beverages SUBDIVISION 3. LICENSE REQUIRED C. Wine and INTO%ICATING Malt Liquor - Persons who hold both an on-sale wine license and an on-sale non- intoxicating malt liquor license on August 1, 1987, and whose grossreceiptsareatleast60percentattributabletothesaleoffood, are authorized to sell intoxicating malt liquors at on-sale without an additional license. L~ 1 Bottle Club" means any club or unincorporatedsocietywithmorethanSUmembers, in existence for morethanayear, allowing members to bring a personal supplyofintoxicatingliquors. Subdivision 3. License Required. a. Non-intoxicatin and Intozicatin Li uor. Nopersonexceptwholesalesandmenuactures, to the extentauthorizedbylaw, shall deal in or dispose of by saleorkeeporofferforsale, any intoxicating liquor ornon-intozicatinq malt liquor within the City withoutfirsthavingreceivedalicenseashereinafterprovided. b. Wine. The sale of wine not exceeding 14 percent alcohol by volume for consumption on thepremisesofarestaurantwithintheCityasdefinedherein, in conjunction with the sale of food, shallrequirealicenseunderthetermsofthisOrdinance;provided, however, that any establishment that islicensedforthe "on-sale" of intoxicating liquor shallnotberequiredtoprocureaseparatelicenseunderthetermsofthisOrdinance. Wine licenses will be issuedinaccordancewiththeauthoritycontainedinMinnesotaStatutes §340.11 (Subd. 20). The licenses shall not beeffectiveuntil. approved by the. Minnesota Liquor ControlCommissioner. Nothing herein shad prohibit the naturalfermentationoffruitjuicesinthehomeforfamilyuse. Subdivision 4. Kinds of Liquor Licenses. a. Intozicating-Liquor. There shall be two kindsoflicenses: "on-sale licenses which shall be grantedonlytobonafideclubsandrestaurantswherefoodispreparedandservedforconsumptiononthepremises, thenumberofwhichshallbelimitedtotwo (Zj; andoff-sale" licenses which shall be granted only toliquorstoreswhereretailorwholesalesalesaremadeintheoriginalpackageforconsumptionoffthepremisesonly, the number of which shall be limited to one (1). b. Non-Intozicating Malt Liquor. There shall betwokindsoflicenses: "on-sale" licenses which shallbegrantedonlytobonafideclubsandrestaurantsandwhichshall. permit the sale of beer for consumption onthepremises, the number of which shall be limited tofour (4); and "off-sale" licenses which shall permit thesaleofbeeratretailoratwholesaleintheoriginalpackageforconsumptionoffthepremisesonly, thenumberofwhichshallbelimitedtofour (4). l• 3. i~. s.F. No. 12e AN ACT cHA~ER ~-o. 02'~ y~~ ~~ 1 3 4 6 7 a relating to liquor; authorizing municipalities topermitholdersofbothon-sale wine and ' nonintoxicating malt liquor licenses to sellintoxicatingmaltliquors; amending Minnesota Statutes1986, section 340A.404, subdivision 5; and Laws 1979,chapter 200, section 1. 9 BE IT ENACTED BY 'ISE LEGISLATURE OF T8E STATE OF MINNESOTAs 10 Section 1. Minnesota Statutes 1986, section 340A.404, 11 subdivision 5, is amended to read: 12 Subd. 5. [WINE LICENSES.] ~ A municipality may issue an 13 on-sale wine license with the approval of~the commissioner to a 14 restaurant having facilities for .seating at least 25 guests at 5 one time. A wine license. permits the sale of wine of up to 14 1E percent alcohol by volume for consumption with the sale of food. A wine license authorizes the sale of wine on all days o: 18 the week unless the issuing authority restricts the license's 19 authorization to tFie sale of wine can a13 days except Sundays.. 20 ~ ..b} The governing body of a municipality may by ordinance 21 authorize a bolder of an on-sale wine license issued pursuant to 22 24 25 26 ragraph (a) who is also licensed to sell nonintoxicating malt liquors at on-sale pursuant to section 340A.411, and whose Dross receipts are at least 60 percent. attributable to the sale of food,_to sell intoxicating malt liquors at on-sale without an additional license. 1 S.F. No. 128 1 Sec. 2. Laws 1979, chapter 200, section 1, is amended to 2 read: 3 Section 1. ~ Nctwithstanding any law to the contrary, 4 the governing body of the city of Duluth may by ordinance 5 provide that holders of on-sale wine licenses issued pursuant to 6 Minnesota Statutes, Section 34@-~~ 340A_404, Subdivision @@ 5, 7 who are also licensed to sell. non-intoxicating malt liquor. at 8 on-sale pursuant to Minnesota Statutes, Section 34@:@~ 340A.411, 9 may make on-sales of beer not exceeding seven percent alcohol by 10 weight brewed and bottled outside the United States, without an 11 additional license. Except as herein provided, all such sales 12 shall be subject to ttie applicable provisions of Minnesota 13 Statutes, Chapter 34@ 3_~A. 14 (b) This section anclies only to persons who hold both an 15 on-sale wine license and an on-sale non-intoxicatinv malt liquor 16 license on August 1, 1987. ,•~ ~~ Nv'~A C~J -~J ~k- u7 Un~K~~-z~/~o o„ ~ b4 ~e l ~'6~ tib Azj o~ Lc Q~ a a ~'sC . ~ L~ Cn v ~ ~ ~- hO c~ ~T~ r Consent Policy /CI1R OF PALCON SIGHTS REQUEST FOR COUNCIL CONSIDERATION I"teetinlt Date:7-22-8; Agenda Itea:F-5 ITEli DESCRIPTION: Request for Sewer Repair Reimbursement. SiJBriITTID BY: Evelyn Peterson REVIEWED BY: Vince Wright Richard Alquist, City Plumbing Inspector E%PLANATION/SUMMARY (attach additional sheets as necessary): Mrs. C. Peterson is requesting the Council to consider some reimbursement from the City to help pay a $862.50 sewer repair bill.. According to Vince Wright and the City's Plumbing Inspector, Richard Alquist, it was defi- nitely Mrs. Peterson's sewer line that wa:~ damaged, not the city's main line. Attachments: a. Peterson letter, 7-1-87. b. Wright's memo, 7-16-87. RECOMMENDATION: Past city practice has not been to help pay for repairs on the residents portion of the sewer line. This policy could be changed, however, it would be very costly. An exception could be made if the council believes there have been unusual circumstances in this case. 6/29/87 Q• July 1, 1987 Falcon Heights City Office 2077 Larpenteur Avenue Falcon Heights, MN 55113 Attention: City Council Dear Council Membezs: Recently I had to have my sewer repaired. -When I first started having problems,.I contacted .and .was advised by Mr. Barnes, then Village Administrator, to have Roto Rooter Sewer Service•out--which I did several times. I finally decided to have the problem taken care of. In digging up the frontt•yard, the contractor found a broken pipe and roots in the boulevard. As this was some of the problem but not all, they incurred additional work by .;-- ~ _ Esc Mr. DeBrizzi's, the contractor, initial reaction to•this damage• was that the When Crawford was redone., they dug down quite sways. Because of the circumstances of this .repair, I would ~- of Falcon Heights ,-not including the permit fee, I incurred. . Thank you for your consideration on this issue. Sincerely, 2, ~ -~~ KzR. C. Peterson Falcon Heigbts, 2iN 55113 b• FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE 612.644-5050 July 16,1987 T0: The City Council and Clerk-Administrator FROM: Vincent Wright RE: The letter received on July 1, 1987, from Mrs. C. Peterson, 1522 Crawford St., Falcon Heights, MN 55113 I was called out to check the sanitary sewer at, 1522 Crawford. Mr. Debrizzi, had dug up this particular sewer line. He found broken pipe and roots in the sewer line. When I got there, there was some water in the hole that he had dug up and it acted like it was trying to come out of the sewer line . After ch~kinQ the city __man. t~Q.las~,/..~.n the main line to see if they were clean, which the were, I talked to Mr. Debrizzi and Mrsters~onlt aws d'e'~ide~af~ that time t"~iat there.,piay be a dip in Mrs. Peterson's line. In order to save her some money, we decided to put in about six feet of plastic pipe inside of her line going out toward the street; to avoid digging up in the street in case there was a problem further out. To dig up this street, the charge would have been enourmous. Therefore, Mr. Debrizzi and Mrs. Peterson, decided to try the plastic piping inside of her sewer line. At that time there was no mention about heavy traffic or anything else that had broken her line. Mrs. Peterson said that she had heard that the City would share in the costs of repair. I replied that I did not think so, but suggested that she could write to the City Council and ask anyway. Two years ago, Mrs. Peterson had a big tree that was right on the boulevard, close to her sewer. There is still a hedge there and I am sure that is how the pipe got broken because they found so many roots in it. The pipe that was broken was on the boulevard. I am sure that it was done from the roots and not from traffic on the street. The sewer line in that area is approximately nine feet deep. Thank you Vincent Wright VW/kn HOME OF TH£ MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE July 1, 1987 Falcon Heights City Office 2077 Larpenteur Avenue Falcon Heights, MN 55113 Attention: City Council Dear Council Members: Recently I had to have my sewer repaired. When I first started having problems,.I contacted .and .was advised by Mr. Barnes, then Village Administrator, to have Roto Rooter Sewer Service out--which I did. several times. I finally decided to have the problem taken care of. In digging up the front yard, the contractor found a broken pipe and roots in th.e boulevard. As this was some of the. problem but .not all, they incurred additional work by having to go to the main sewer line in the center of Crawford where they had to repair a damaged pipe. Mr. DeBrizzi's, the contractor, initial reaction to this damage was that the .sewer is not deep enough and the heavy txaffic on~Crawford could .have broken the pipe. When Crawford was redone., they dug down quite sways. Because of the circumstances the Council to .consider some of Falcon Heights against the the permit fee, I incurred. of this :repair, I would ask reimbursement from the City 862.50 charge, not including Thank you for your consideration on this issue. Sincerely, Mrs. C. Peterson 1522 Crawford Street Falcon Heights, MN 55113 ri ~d,' m;,: g ~~~~ 4 ; 1/~ir~~ 9'6. w~a1s .vim ~~:~.~-~. n.s-t- ~ d,~ s Corgi#ent , Policy~_ ITEM DESCRIPTION: SUBMITTED BY: REVIEWED BY: CITY OF PALCO~f HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Public Works Truck Vince Wright Jan Wiessner ERPLANATIONJSUMMARY (attach additional sheets as necessary): Meetin~t Date:7-22-8 Agenda Itea: The city's 1-Ton Public Works truck died on July 7, 1987. Vince had to towitintoHarvestStates. Their mechanics recommended that the truck is notworthrepairing, see attachment (a). There are at least three problems in-volved : • ~; 1) long-term 2) short-term,and 3) scope of work to done by this vehicle. For the long-term solution, there seems to be three alternatives: a) attempt to repair old truck by using a rebuilt engine at an initial cost of1800.00 and an unknown amount of future repair costs,b) find a temporary solution such as leasing a truck while we study the re- quirements of this vehicle, include purchase in 1988 budgetc) purchase a re lacement one-ton vehicle immediately out of the Treasurer'scashbalance ~t~(Approximately $20,000.00-p+W). S l~ a«u.,..,~W ~ ~c~¢~to.,~ -h.~,cx.. wI a.~Q. oc,~ d.~c+~ RECOMMENDATION: According to the long range Equipment Replacement Plan prepared by VincentWrightin1985, the truck has out-lived its life expectancy and should be re-placed. (Obviously, Vince favors alternative C!) See excerpt from Plan, Attach-ment C. The administrative staff is looking for direction from the Council on this matter,Vince doesn't want to use his own truck in the interim, therefore, we are attempt-ing to use the pick-up for everything-which is limiting the productivity of ourfive-man summer crew considerably. 6/29/87 F-~- mris~-nos..c~ooscn ~o DilS: July 17. 1987 ACI~i Vincent Wright Q= Jan Wiessner New Citv Truck atr~: Prices on temporary use of a 3/4 .ton truck: Daily 30.00 per daq 35 cents per mile, and your own gas and oil. Weekly . 150.00 per week 35 cents per mile, and your own gas and oil. Monthly 600.00 per month _ ~ ~; 35 cents per mile, and your own gas and,o~k. L 1986 0'!? ~ ir•~~r i~w~r 1r1~ td~~ ~~1s N1 tE 8~s M4~i0~ leplaesseat lzice fer 117 i Too loza Tsret Eati~ate frees 'eb Csstes E~s~. os 1186 I Toa~los+! Teets C~rssdt !rice 11450.00. sstioate eo 10ft Troet l~s aad Moist fsoo Cslateel Tstiet Egoipotnt: a~sreat !sic. s,~oo..oo. 1987 Estimate from Bob Carter Ford on 1987 1 Ton Ford Truck: Current Price ;13,210.00. Estimate on 10 ft. Truck Box and Boist from Crysteel•~~'Fuck Equipment: Current Price - ;6,000.00. •~~'' Ike {IuAh~w~fa9t~bFiR ~d 1r U~ M I~ ~ Apteaw~ son w.s+.s..~.. i..... t~1... •.~r, 1Ua...Ms N 1 > i w..« ass-so~o 1974-One Ton Tract F-3S0 Sint C9liadsr, 4 Speed Ford The life espectancy of th#a truck is 6 to 7 years. Ilia boa is a 1966. It has been repaired Nrice sad is not in food shape. The hoist is also a 1966 and is not in good shape sad the winch is a 1966 sad is in tha sale shape. The frame is rusted sad brol~e. The top half of rotor has been overhauled trice. It has break pork dons sad a aev frost eadalso. ill of the above should bs replaced. 4 1-~.e ~ ire A/t~.wda 31de Fia..d the U~ M (~Ie ~ Apve~we s-~ -a i s f (s tea x y r d a 4 r o J aiiE-- s J W rc G u r y L. Tt w 6 ~O f W J C Fr O J s y 1 t o f ~w;Z V J V W W Z w w~LS~~fZ• i C S~~ii W Q s :~n a of V"I1 Q iii M n J W oe z Z 1 r a s=-=-_y ~ t j !s s o F O l~..t c i A; ~ ; .o t!a ZII j r..y ~t~s SOW WM~ry~ w.ZW tf.w raQwFJ~ O W r. 5 tZL£•lv9(Zt9) 19lSSNW`1~Ed'iS 46S>9XO8 `Bu~~~auS'QN1991 ffl s~~iueg a8aap he6ouayr p t~H '~ Ptnep o. W N e ~ of Y ss3nilva3dooo S"~1 w O.I~~~ Q G W 14 1a, r July 22, 1987 Addendum to Agena for July 22, 1987. F(7) Underground Sprinkler System/Landscaping at Bullseye Center. ACTION: Conseat________ cy__ CITY OP FALCON HEIGHTS flEQUEST FOR COUNCtI CONSIOERIITtON Meetialt Date: 7-22-8. Agenda Item:_ F-7 ITEM DESCRIPTION: Underground Sprinkler System, Landscaping at Bullseye-Center. SUBMITTED BY: Jan Wiessner REVIEWED BYz EXPLANATION/SUMMARY (attach additional sheets as necessary): During the Larpenteur-Snelling Construction Project, the underground sprinkler system on the Larpenteur side of .the Bullseye Shopping center was damaged and quite a bit of the landscaping was eliminated. Since this is all county road right of way, and permission had not been given to install the sprinkler system, the county and state do not have an obligation to repair or replace it. Mr. Hunt believes it is the city's responsibility since he was instructed by the city's representatives to install it. He stated that he believes the city should also reimburse him for the original cost of landscaping and installing the sprinkler ($32,000.) and give him his $3,000 back, which is escrowed for hooking up the sprinkler on the Snelling side. Attachments: a. b. Letter from Mayor Eggert, 12-6-84. Recommended compromise. gECOMK,ENDATION: After considerable discussion about the merits and problems of repairing or replacing the system, Don Orgeman of MN/DOT, Bob Paine of Ramsey County Public Works, Dennis Hunt and I arrived at a compromise recommendation. If agreeable to the Council, I suggest that this agreement be formalized and signed by all parties involved. See AtCachment b) r Cry o~ FnPc~,~ I--I~gh~e December 6, 1984 so» w. ~s.nw~ ~t.«+w f.leen M.yI-b, Itine..oe. !S I 1 s Alwn~ ~44•SOS0 Mr. Dennis E. Hunt Bullseye Colf Centers, Inc. 1708 North Snelling Falcon Heights, IrIIB 55113 Dear Mr. Hunt: MAYOq AONµpC. EOGEIIT, Y.D.CO~ NVCIIMEMBERS A111 C~E11wAACE' CiIEfTOVICM TOY ~ALOWIN fTfMiEN MAi1D STRATOR OEMIAM t. tI-RNEf The Council reviewed the landscaping and parking plan along with Kr.JohnUbanattheNovember26thmeeting, The followin raisedandwewouldlikethemacteduon8 Points were plan: P prior to giving approval to the 1) We feel it would be to everyone'sbenefit to have sharedparkingwiththeEmbersRestaurantandwerequestagainthatyoureviewthisissuewithMr.Henn} Kristal. The Council will approve non-sharedparkingonlyifyoucanshowtherearesubstantialimpedimentstoasharedparkingarrangement.2) If shared parking can be arranged wish the Embers Restaurant, no walkway on the west side of the Emberswillberequired. Zf shared parking cannot bearranged, the walkway will be required as shown onthedrawing.3) With respect to lighting, the standards shown on the a~s~-=-- --- ~- - -4) Bullseye must-agree to aaintain and repaiz the proposed screeningwalls. Because those walls are so close to theparking, we are concerned about damage from snow .storageandcarbumperstothewallsand, therefore,wtwillalsorequirethatthewallperpendic4larscpportsbesetinconcrete.S) It is acceptable to the City that those portions of tieSnellinglandscapingwhi:hwilt be impacted by Q ~ tie ~~ e~etoSlade Fiu ad ~e U~ M ~ .Robert Schunicht, will ez c°mmend-the~specificestandards andluminarstobeusedaadwewillforwardtheappropriateaaterialstoyou. Dennis E. Hunt c 2 De:ember 6, 1984 the Snelling reconstruction be delayed until after theSnellingreconstructioniscolete.that a bond be placed to cove~the costseof itY~ruenquestsfinishedportionofthelandscaping. 6) The City is concerned about theme-~~We feel .that the best and least expensive alternative t+ouldbeanautomaticirrigationsystem. Ne would find that asystemthatincludedirrigationwithhosesfromspigotsonthebuildingwouldbeunacceptable. 7) a following com®ents relate topaneseyensdonotdoyellonequinethatallareasnowindicated. to beewsbeplantedinsteadwithMu planted With ans shoasoae Juni er ~° Fines. lour presentbtskFpercrabtree. We felt this vas aSPYandwillrequirethreeJuniperspercrabtree.with respect to trees, ve will require that columnarf~ form of Norway ,aple be used and SofMarshallashbecausethebranches it ash be used insteadtreesaremorecompatiblewiththeclosenessofotr8heseparkedcars. We also request that ornamental shrubsfbe andplacedinthesodded. areas on either side of the CrawfordStreetexitfromtheparkinglot. 8) Ye will require a written statement that Bullandreplacea21shrubberyforthedurationof ~e will maintaindistrict. tax increment 9) We will require that all planting aloegradetomaximisesurfacedramae g streets be raised abovethatathreefoot8 (especially winter salt) and 'Flantfng adjacent toastreetsin core be placed below each 10) [indly indicate to us what subcontractor will be doing thelandscapingand .supply landscape construction drawings andspecificationspreparedbyaregisteredlandscapeartist.If you have questions about any of theseCouncil, tiindly contact me or Mr. John points °r the overall intent of theUbaa. Sinctrsly, Ronald C. t M.D., Playor RCE:k jx cc: Robert CollinsBenrYP.risul Recommendation for Resolution of Bullse e S rinkler The automatic sprinkler system should not be re aired or _thing installed on county or state right of waypis done soeatathe•owner'srisk. The county and state representatives indicated that there is a verygoodchancethatthiscouldhappenagain. The nature of the damage wouldrequirethatalmosttheentiresystemwouldhavetobereplaced (at thecity's or Hunt's expense). MN/DOT has trees and wood chips available and their contractor, PCI, wouldlevelthemounds, replace trees and spread the wood chips at a cost ofapproximately $4,000. The trees are guaranteed for one year. After thatthecountywouldberesponsibleforreplacementoncountyrightofway, MN/DOT on state right of way. Ramsey County will use CSAH funds to pay for PCPs work and .materials. Dennis Hunt will.be paid the $3,000 held in escrow by the city which was ear-marked for irrigating the Snelling Avenue right of way area. b. iDMDdISTIUTIOH-COIIHCII. l~MO r DOTS: April 1, 1987 ROl1: Al 0; b'Iayor & Council Capital Improvement Balances Dl?~: The balances as of 1/1/87 in capital improvement accounts are as follows: Fire & Rescue - $ 51,553.56 Park & Rec. - $ 46,509.51 Public Works - $ 11,743.65 There was a balance in the contingency fund at the end of 1986 of0474 . ~"-' In addition, there is a balance in the Lauderdale Fire/Rescu nd~~~37,799.88 and in the General Capital Improvement fund of $ 169,356.20. In the near future I will give you a breakdown of City finances accordingtofund: If you have any questions in the meantime please give mp a call. Consent ' Policy CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION Meetia~ Date:?-22-87 Agenda Item: F-7 Liret ur,J~xlYT1UN: Underground Sprinkler System, Landscaping at Bullseye-Center. SUBMITTED BY: Jan Wiesner REVIEWED BY: EXPLANATION/SUMMARY (attach additional sheets as necessary): During the Larpenteur-Snelling Construction Project, the underground sprinklersystemontheLarpenteursideoftheBullseyeShoppingcenterwasdamagedandquiteabitofthelandscapingwaseliminated. Since this is all county roadrightofway, and permission had not been given to install the sprinkler system,the county and state do not have an obligation to repair or replace it. Mr.Hunt believes it is the city's responsibility since he was instructed by thecity's representatives to install it. He stated that. he believes the city shouldalsoreimbursehimfortheoriginalcostoflandscapingandinstallingthesprinkler ($32,000.) and give him his $3,000 back, which is escroved for hookingupthesprinklerontheSnellingside. Attachments: a. Letter from Mayor Eggert, 12-6-84. b. Recommended compromise. RECOMMENDATION: After considerable discussion about the merits and problems of repairing orreplacingthesystem, Don Orgeman of MN/DOT, Bob Paine of Ramsey County PublicWorks, Dennis Hunt and I arrived at a compromise recommendation. If agreeabletotheCouncil, I suggest that this agreement be formalized and signed by allpartiesinvolved. See Attachment b) 6/29/87 ZO77 A. ~nb~u A~~nu~ l~leoa tl~igl+b, blinnhota ssS 1 13 Tkon~:644-SOSO December 6, 1984 Mr. Dennis E. Hunt Bullseye Golf Centers, Inc. 1708 North Snelling Falcon Heights, :mil 55113 Dear Mr. Hunt: MAYC4UNGL RONALD C. EGCiENT, Y.D. COUNCIL MEMBERS AUl CIERNIA RICE' CNESTOVICN ToY sA~owlN s'rEPM1EN NARD CLERK-ADA~MSTRATOR oEwAN s, sARNEs The Council reviewed the landscaping and parking plan along with Mr.John Uban at the November 26th meeting. The following points wereraisedandwewouldlikethem. acted upon prior to giving approval to theplan: 1) We feel it would be to everyone's benefit to have shared parking with the Embers Restaurant and we request again that you review this issue with Mr. Henry Kristal. The Council will approve non-shared parking only if you .can show there are substantial impediments to a shared parking arrangement. 2) If shared parking can be arranged with the Embers Restaurant, no walkway on the west side of the Embers will be required. If shared parking cannot be arranged, the walkway will be required as shown on the drawing. 3) With respect to lighting, the standards shown on the drawing are in a position acceptable to-the. City.6e li:~btitlg st~dard# will bslang to he Cite bestllseyewillbsr+~p©naible;.for-the el~ctzicity, and; alainteaance of the lighting: The City Engineer, Mr. Robert Schunicht, will recommend the specific standards and luminars to be used and we will forward the appropriate materials to you. 4) Bullseye must agree to maintain and repair the proposed screening walls. Because those walls are so close to the parking, we are concerned about damage from snow storage and car bumpers to the walls and, therefore, we will also require that the wall perpendicular supports be set in concrete. S) It is acceptable to the City that those portions of the Snelling landscaping which will be impacted by G! , 1~ ~ ~e nh~+e+~ s~ Faa n~ die u.~ M I~e~ ~ q~o,e,~e Dennis E. Hunt E 2 December 6, 1984 the Snelling reconstruction be delayed until aftez theSnellingreconstructioniscomplete. The City requeststhatabondbeplacedtocoverthecostsoftheun-finished portion of the landscaping. 6) The City is concerned about the ~rttia~s of i~ p~i~$~..We feel that the best and least expensive alternative wouldbeanautomaticirrigationsystem. We would find that asystemthatincludedirrigationwithhosesfromspigotsonthebuildingwouldbeunacceptable. 7) the following comments relate to ~c~.fic p~aa~t,erJapaneseyewsdonotdowellonsoctthe~tpo~tea. ' ire wi2'1requirethatallareasnowir-dicated to be planted withyewsbeplantedinsteadwithMughopines. Your presentplansshowsoneJuniperpercrabtree. We felt this was abitskimpyandwillrequirethreeJuniperspercrabtree.With respect to trees, we will require that columnarformofNorway. maple be used and Summit ash be used insteadofMarshallashbecausethebranchingpatternsofthesetreesaremorecompatiblewiththeclosenessoftrafficandparkedcars. We also request that ornamental shrubs beplacedinthesoddedareasoneithersideoftheCrawfordStreetexitfromtheparkinglot. 8) We will require a written statement that Bullseye will maintainandreplaceallshrubberyforthedurationofthetaxincrementdistrict. 9) We will require that all planting along streets be raised abovegradetomaximizesurfacedrainage (especially winter salt) andthatathreefootgzaveldraincorebeplacedbeloweachplantingadjacenttostreets. 10) Kindly indicate to ws what subcontractor will be doing thelandscapingandsupplylandscapeconstructiondrawingsandspecificationspreparedbyaregisteredlandscapeartist. If you have questions about any of these points or the overall intent of theCouncil, kindly contact me or Mr. John Uban. Sincerely, Ronald C. t M.D., Mayor RCE:kjz cc: Robert Collins Henry F.ristal Recommendation for Resolution of Bullseye Sprinkler The automatic sprinkler system should not be repaired or replaced. Any- thing installed on county or state right of way is done so at the owner's risk. The county and state representatives indicated that there is a very good chance that this could happen again. The nature of the damage would require that almost the entire system would have to be replaced (at the city's or Hunt's expense). MN/DOT has trees and wood chips available and. their contractor, PCI, would level the mounds, replace trees and spread the wood chips at a cost of approximately $4,000. The trees are guaranteed for one year. After that the county would be responsible for replacement on county right of way, MN/ DOT on state right of way. Ramsey County will use CSAH funds to pay for PCPs work and materials. Dennis Hunt wi7l.be paid the $3,000 held in escrow by the city which was ear- marked for irrigating the Snelling Avenue right of way area. r ~ J