HomeMy WebLinkAboutCCAgenda_04Dec8CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AMENDED AGENDA
December 8, 2004
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. PRESENTATIONS: None Scheduled
E. APPROVAL OF MINUTES: November 10 and 24, 2004
• F. PUBLIC HEARINGS: None Scheduled
G. CONSENT AGENDA:
1. General Disbursements through December 3, 2004: $ 76,922.64
Payroll (11/15/04-11/30/04) $ 13,854.47
2. Liquor Licenses
3. Municipal, Home Occupation and Massage Therapy Licenses received to date
4. General Fund Amendment, 2004 Budget
5. Formally establish the Special Revenue Fund Budget for 2004, including
amendments
6. Mileage reimbursement adjustment
H. POLICY AGENDA:
1. Consideration of Resolution 04-24 Adopting the 2005 Levy
2. Consideration of Resolution 04-25 Adopting the 2005 Budget
3. Variance request for 2135 Hoyt Avenue
4. Agreement to operate a program of public recreation and playgrounds
at Falcon Heights Elementary School
ADD 5. Consideration of including written petitions as an acceptable form of input on the
topic of solid waste collection
• ADD 6. Proposed ordinance change relating to bus bench signs
FALCON HEIGHTS CITY COUNCIL AGENDA
December 8, 2004
REPORTS FROM COUNCIL MEMBERS:
INFORMATION AND ANNOUNCEMENTS:
K. ADJOURNMENT
-2-
•
• CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
December 8, 2004
A. CALL TO ORDER: 7:00 PM
B. ROLL CALL: GEHRZ KUETTEL LAMB
LINDSTROM TALBOT
WORTHINGTON SHEA KODLUBOY
ATTORNEY ENGINEER
C. COMMUNITY FORUM:
D. PRESENTATIONS: None Scheduled
-~~ E. APPROVAL OF MINUTES: November 10 and 24, 2004 TAB 1
F. PUBLIC HEARINGS: None Scheduled
G. CONSENT AGENDA:
1. General Disbursements through December 3, 2004: $ 76,922.64
~~-1q Payroll (11/15/04-11/30/04) $ 13,854.47 TAB 2
aQ 2. Liquor Licenses TAB 3
a ~ "a1s 3. Municipal, Home Occupation and Massage Therapy Licenses received to date TAB 4
G 4. General Fund Amendment, 2004 Budget TAB 5
5. Formally establish the Special Revenue Fund Budget for 2004, including
:~ ~ amendments TAB 6
J g 6. Mileage reimbursement adjustment TAB 7
H. POLICY AGENDA:
~q.3o 1. Consideration of Resolution 04-24 Adopting the 2005 Levy TAB 8
~~~ 2. Consideration of Resolution 04-25 Adopting the 2005 Budget TAB 9
'3(~..~'~ 3. Variance request for 2135 Hoyt Avenue TAB 10
~3-~~ 4. Agreement to operate a program of public recreation and playgrounds
at Falcon Heights Elementary School TAB 11
I. REPORTS FROM COUNCIL MEMBERS:
J. INFORMATION AND ANNOUNCEMENTS:
. K. ADJOURNMENT
CITY OF FALCON HEIGHTS
MINUTES
November 10, 2004
Mayor Gehrz called the regular Council meeting to order.
PRESENT: Mayor Sue Gehrz, Council members Robert Lamb and Richard Talbot
Also present: City Administrator Heather Worthington
ABSENT: Council members Laura Kuettel and Richard Talbot
COMMUNITY FORUM: There was no commentary from the audience.
PRESENTATIONS:
City Prosecuting Attorney -Martin Costello -Minnesota's Domestic Violence Statutes
Mayor Gehrz said that once a year the City Prosecuting Attorney, Martin Costello, from the law
firm of Hughes and Costello, provides an educational program for the City Council. Because the
Council meetings are televised and web streamed on the Internet, other people can also have the
benefit of their presentations.
Attorney Costello introduced himself and his two associates: Katrina Joseph and Russell
Platzek. He said they would be giving a power point presentation and taking turns presenting
the material about criminal prosecutions for domestic assault, restraining orders, victim advocacy
and firearms disqualification.
Criminal Prosecutions
^ Courts are actively prosecuting cases of domestic violence
^ No Contact Orders, orders prohibiting contact between the victim and the aggressor, are
commonly requested by the prosecutor, and granted by the court, in criminal cases
^ Caveat: Victim cooperation is important
Misdemeanor Arrest Rule -Minn. Stat. 629-34
^ Police may not make a warrantless arrest for a misdemeanor or gross misdemeanor
offense unless the offense is committed in the presence of the arresting officer
Domestic Violence Arrests -Minn. Stat. 629.72, subd. 2
^ An officer cannot merely issue a citation to, and refuse to arrest, an individual charged
with harassment, domestic abused, violation of an order for protection, or violation of a
• domestic abuse no contact order
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
November 10, 2004
City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued)
Assault Laws
^ Minn. Stat.609.224: Fifth-Degree Assault
o Crime to intentionally (1) cause fear in another of immediate bodily harm or
death, or (2) inflict or attempt to inflict bodily harm upon another.
^ Minn, Stat. 609.2242: Domestic Assault
o Same as Fifth-Degree Assault, but crime must be committed against a "family or
household member".
"Family or Household Members" -Defined in Minn. Stat. 518B.01, subd. 2(b)
1. Spouses and former spouses
2. Parents and children
3. Persons related by blood
4. Persons presently residing together, or who have resided together in the past
5. Persons with a child in common, regardless of whether they have been married or have
lived together at any time
6. A man and women, if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time
• 7. Persons involved in a significant romantic or sexual relationship
Criminal Prosecution: Restrainin Og_ rders -Types of Orders
^ Orders for Protection (Minn. Stat. 518B.01, subd. 6)
^ Harassment/Restraining Orders (Minn. Stat. 609.748.subd. 5)
^ No Contact Orders (Minn. Stat. 518B.01, subd. 22(a)
Violation of Court Orders
^ Violation of an Order for Protection
o Crime to act in violation of an Order for Protection whenever one is granted, and
the person to be restrained knows of the existence of the order
Violation of a Harassment/Restraining Order
o Crime to violate the order whenever one is granted, and the person to be
restrained knows of the existence of the order
Violation of No Contact Order
o Crime for a person who knows of the existence of a domestic abuse no contact
order issued against the person to violate that order
Contempt of Court -Minn. Stat. 588.20, subd. 4
o Crime for a person to willfully disobey the lawful process or other mandate of a
court.
Harassment/Stalkin~ -Minn. Stat. 609.749
^ It is a gross misdemeanor to engage in intentional conduct that the actor knows or has
• reason to know would cause the victim to feel frightened, threatened, oppressed,
persecuted, or intimidated; and that actually causes this reaction on the part of the victim
• FALCON HEIGHTS CITY COUNCIL MINUTES -3-
November 10, 2004
City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued)
Qualified Domestic Violence Related Offences (QDVROs) -Minn. Stat. 609.02, subd.l6
1. Violation of domestic abuse order for protection
2. First-fifth degree assault
3. Domestic assault
4. First-fourth degree criminal sexual conduct
5. Malicious punishment of a child
6. Terroristic threats
7. Violation of harassment restraining order
8. Harassment/stalking
9. Similar laws of other states, the U.S., the District of Columbia, tribal lands, and U.S.
territories
Bail and Conditions of Release -Minn. Stat. 629.471 and 629.72
^ A judge can impose bail in an amount up to 6 times the maximum fine that maybe
imposed for the offense
o Misdemeanors: $6,000
o Gross Misdemeanors: $18,000
^ A judge can impose conditions of release, including:
o A no contact order
o An order prohibiting possession of a firearm
o Prohibition of drug and/or alcohol use
o Electronic monitoring; or
o Any other conditions necessary to protect the victim's safety and ensure the
appearance of the defendant at future court proceedings
Mandatory Sentencing Guidelines
^ All domestic violence offenses: Minn. Stat. 518B.02, subd. 1
o If the defendant is placed on probation, he or she must participate in, and
successfully complete, a domestic abuse counseling program or educational
program
Violation of an OFP: Minn. Stat. 518B.01, subd. 14(b)(c)
o Misdemeanor: Must serve a minimum of 3 days imprisonment
o Gross Misdemeanor: Must serve a minimum of 10 days imprisonment
Domestic Assault: Minn. Stat. 609.2243, subd. 1
o Gross Misdemeanor: Must be sentenced to a minimum of 20 days imprisonment,
96 hours of which must be served consecutively
Criminal Prosecution: Victim Advocates
^ Provide moral support for the victim in court proceedings
^ Advocate for the victim's wishes in criminal case resolutions
• Provide general support for the victim
^ Assist in obtaining orders for protection and harassment/restraining orders
^ Provide shelters for victims and their children
3
• FALCON HEIGHTS CITY COUNCIL MINUTES -4-
November 10, 2004
City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued)
Firearms Disqualification: State Law
^ Persons convicted of domestic assault, violation of an order for protection, or
harassment/stalking, may be prohibited from possession of a pistol for three years from
the date of conviction
^ A person convicted of an offense involving the use of a firearm may, at the discretion of
the court, be ordered not to possess a firearm for three years up to life
Firearms Disqualification: Federal Law
^ Federal law prohibits any person subject to an order for protection from possessing a
firearm
^ It also prohibits anyone who has been convicted of a misdemeanor crime of domestic
assault from possessing a firearm
Firearms Forfeiture
^ If the offender owns or possesses a firearm, and used the firearm in any way in
commission of domestic assault, violation of an order for protection, or
• harassment/stalking, the firearm is subject to forfeiture to the state
Challenges to Prosecution
1. Reporting -Many incidents of domestic violence are not reported by the victims, who
often fear retaliation, ostracism, and humiliation by the abuser, family, friends and the
community
2. Victim Cooperation -Those victims who do report the crime to police may recant or alter
their version of events, often in an effort to reconcile with the abuser
Goals -City Prosecuting Attorney
1. Work closely with the Saint Anthony Police Department to ensure that reported instances
of domestic violence are prosecuted
2. Work closely with the victim advocates for Falcon Heights at the Tubman Family
Alliance
3. Obtain appropriate and just results to ensure the safety of victims and the community
Council member Talbot asked what percentage of domestic abuse cases involve drug or alcohol
abuse. Attorney Costello said that his office prosecutes for five cities in three counties. Drug or
alcohol abuse is highly prevalent; well over half the cases; although, in his opinion, it seems that
in nearly all of the cases there is alcohol or chemical abuse. Council member Talbot asked if one
flows out of the other. Would Attorney Costello be willing to guess that if you could take care of
the alcohol or chemical abuse, the domestic abuse wouldn't happen? Attorney Costello said they
occur together but he is not sure if there is a causal relationship. He said he couldn't say that if
• you don't have the drug or alcohol abuse, that the domestic abuse wouldn't occur. There are
other problems within the family or relationship, and it seems that drugs or alcohol tends to
lower the inhibitions, reduce judgment and are sometimes used as excuses for bad behavior.
4
•
FALCON HEIGHTS CITY COUNCIL MINUTES -5-
November 10, 2004
City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued)
Council member Talbot said these sound like dangerous situations for police to get into.
Attorney Costello said they are dangerous and we should be proud of the response that our police
give to them. The police are called. Rarely do these things happen in a parking lot. Normally
the police are called to the home. They are doing their duty. They are duty bound and would be
severely criticized for not responding. Once they arrive they are not always welcome because
the perpetrator and the supporters, even the victims, don't want the police there. At that point the
perpetrator is surrounded by the family and protected, and the police are looked at as invaders. It
is very dangerous. They have to separate the victim and the abuser and have to be very careful
for weapons. Over the years police officers have been attacked, shot and even killed.
Council member Talbot asked what restitution means in a domestic assault. Attorney Costello
said that restitution is normally paying back the victim for monetary losses. Sometimes domestic
assault involves property damage. The person damages the victim's property. There are cases
where the victim's money has been stolen. Injuries, uncompensated for medical bills are the
• responsibility of the perpetrator, both monetary and physical. Council member Talbot asked
who pays when you talk about imprisonment? Sometimes there are people on work release but
they pay a rent to the jail. Attorney Costello said that not all domestic violence cases qualify for
work release programs. Normally, these have non-violent offenders. The courts are cautious
about that. If an offender is granted that, they have to pay a per diem and should pay for their
incarceration. The courts are better at ordering than collecting. Financial problems are also
involved in the domestic violence cases as well. Judges are constantly balancing these
competing factors in trying to follow the law and they take the domestic violence cases very
seriously.
Council member Talbot said that while Attorney Costello's job is to prosecute, what is the
outcome for people who go through counseling? Does the situation ever improve and the
incidence of domestic violence decrease? Attorney Costello said the situation does improve and
he has seen successful probations where defendants have gone through counseling and have not
re-offended, to the best of his knowledge. The situation can improve. Has the problem of
domestic abuse been solved in a community? He is somewhat skeptical of that.
Attorney Costello said domestic abuse is always going to be there in a particular family. There is
always going to be that potential. They are in a constant state of recovery, always struggling.
Mayor Gehrz asked about the process for issuing the no contact order. How does that work?
Attorney Joseph said they are not automatic in the way they are issued. The prosecutor has to
request them, using a specific form provided by the court. It is presented to the judge who has
• the discretion to sign or not sign the order. There are some judges that go off on their own and
don't sign them.
S
•
FALCON HEIGHTS CITY COUNCIL MINUTES -6-
November 10, 2004
City Prosecuting Attorney -Minnesota's Domestic Violence Statutes (continued)
Mayor Gehrz said that, for example, there is a situation where you have a married couple, there
is an incident of domestic violence and the man is taken away. There is a no contact order. If
the victim needs information that the perpetrator has, is there a process by which communication
can occur in a safe way? Attorney Joseph said there are always going to be circumstances where
the victim and the abuser will need to have some kind of contact, child care issues, monetary
issues, etc. They can utilize a Victim Advocate from the Tubman Family Alliance. It is not
uncommon for the Victim Advocate to communicate with all of the parties involved to try and
straighten issues out. It is a very fine line for everyone to walk. There are ways to solve those
problems.
Mayor Gehrz said she had a question about communication between law enforcement, agencies
and prosecutors. You have a situation where someone is reported in a shopping mall committing
domestic violence on their spouse and a passerby calls that in. The domestic assault occurs in
one location but the parties live somewhere else. Does the prosecuting attorney check with the
• city or county the people live in to see if there is a prior history of domestic abuse? Is that
looked into? Attorney Platzek said that one of the things to understand about the system is that
everyone is trying to work together. Communication is always a problem and everyone is
working hard to improve upon it. The no contact orders typically have strict language included
in them. The order is to be enforced throughout the state and any law enforcement agency is
directed to enforce the order. Victims are encouraged to carry their copy of the order with them,
so that it can be provided to law enforcement on the spot. The system is not perfect but it is
always improving.
Mayor Gehrz asked if there is anything being advocated at the legislative level to help improve
on what we have now in the area of domestic violence. Attorney Costello said that the list of
qualified domestic violence offences could be improved. It is an independent crime to interrupt
an emergency telephone call, i.e. tear the phone out of the wall or throw a cell phone down and
break it. These are common occurrences during domestic violence cases. That should be added
to the list of qualified domestic violence. Another change he would like to see is that the State
law mirror the Federal law. Under the Federal law, a perpetrator cannot possess a firearm during
the time they are subject to a restraining order. That is not true under the current State law.
You have to be convicted of the violation first and then there is a much more limited firearms
disqualification. In his opinion, that should be expanded so that while an individual is subject to
a restraining order, they should not be allowed to possess firearms because they are often used in
subsequent domestic violence situations. Another one is that it would help if the State laws
required communication. For example, with regard to no contact orders or restraining orders for
protection, have it mandated so that this information would be communicated, at least to the
• county of residence and really state wide.
6
FALCON HEIGHTS CITY COUNCIL MINUTES -7-
November 10, 2004
City Prosecuting Attorn~ -Minnesota's Domestic Violence Statutes (continued)
In response to questions from Council member Talbot about a parent spanking a child in public
or a couple arguing in an apartment, Attorney Costello said that what is involved is a question of
degree or judgment. Minnesota allows corporal punishment, which is defined as reasonable
force, to restrain or correct a child. Malicious punishment goes too far. It is unrestrained, it is
not corrective. It goes too far. That is a gross misdemeanor offense. With regard to couples that
are arguing: If police are called by the victim or a neighbor, they must investigate. They are
obliged to respond, assess and investigate. They don't automatically arrest someone. They have
to determine if there was an assault and who committed it. Then they would make an arrest.
That is why there is training and supervision for the police to learn how to make those
judgments. The Saint Anthony Police Department does a good job with that.
APPROVAL OF MINUTES: The Council minutes dated October 26, 2004 were unanimously
approved as presented.
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
• Mayor Gehrz said that the General Disbursements amount needs to be adjusted from $96,245.85
to $149,040.85. The City received a check in the amount of $52,795 for State Fire Aid and will
be transferring this amount to the Falcon Heights Fire Department's Fire Relief Association.
Lamb moved approval of the Consent Agenda, as outlined below. The motion was unanimously
approved.
1. General Disbursements through November 5, 2004: $ 149,040.85
Payroll (10/15/04-10/30/04 $ 11,038.29
2. Transfer of funds ($150,000) from the Water Special Revenue Fund (204) to the
Public Safety Capital Project Fund (402) to help fund a new fire truck for 2005
MnDOT Maintenance Resolution
Administrator Worthington said the City of Fridley has contacted staff regarding a need to
communicate the impact on cities of MnDOT's lack of maintenance on state-owned roadways
that traverse our communities. Fridley is asking cities to consider a resolution that asks MnDOT
to regularly maintain guard rail, sound wall, and other fencing in their rights of way, in addition
to regular mowing and maintenance of grass and plantings. In Falcon Heights, MnDOT has
responsibility for Snelling Avenue. For many years, MnDOT did not mow the median of
Snelling very often; as a result, the city received numerous complaints. Staff did communicate
this problem to MnDOT; however, they did not increase the frequency of their maintenance and
• as a result, Falcon Heights' public works maintenance began mowing the median and boulevards
on Snelling Avenue in 1999.
7
• FALCON HEIGHTS CITY COUNCIL MINUTES
November 10, 2004
MnDOT Maintenance Resolution (continued)
-8-
Administrator Worthington said the resolution represents a new effort by multiple cities, to draw
MnDOT's attention to this problem. The City of Fridley hopes to convene a meeting between
several suburban mayors and the Governor, sometime in early 2005 before the legislative
session. They are also recommending that the cities who participate in this effort send a packet
of information to their legislative delegation.
A brief discussion followed.
RESOLUTION 2004-23
Talbot moved adoption of Resolution 2004-23 requesting that MnDOT conduct regular
maintenance of their rights of way within City limits. The motion was unanimously approved.
2005 Tree Removal Contract Extension
Administrator Worthington said that typically the city takes proposals for tree removals annually.
Since these are under the $50,000 statutory competitive bidding cap, the city is not required to
. bid these contracts: Tree trimming takes place in the winter, when trees are largely dormant.
The City currently has a contract for 2004 with S & S Tree Service for tree removals. The
trimming contract is a separate contract. S & S has offered to honor their 2004 pricing in 2005,
provided that we do not solicit any new proposals for 2005. With increased fuel costs for
companies with large fleets, as well as some difficulty in the past in getting proposals from
reputable companies, it makes sense to extend the removal contract for one more year. In
addition, staff has received many favorable comments about the quality of S & S's work, and
they have provided an excellent response to emergency call-out, routine removals, and special
situations, including our Dutch Elm season. Staff reviewed this proposal with the city attorney,
and there are no legal impediments to a one-year extension to the contract. Staff is currently
researching better, more competitive ways to solicit proposals for the tree contract, and in 2005,
will recommend that the city combine the tree trimming and removal contracts into one request
for proposals.
A brief discussion followed.
Council member Lamb commented that while he recognizes S & S is probably giving the City a
price break for 2005 and the contract with them is under the $50,000 statutory competitive
bidding cap, he would prefer the City bid out all contracts on principle, to ensure the City's
taxpayers are getting the biggest bang for the buck.
Council member Talbot said that he talked with City Forester Anita Twaroski and she told him
that Dutch elm disease is running rampant through the metro area, requiring the removal of large
• numbers of trees at additional cost to each community. Also, gas is going up. He would vote
to accept S & S's offer for 2005.
8
FALCON HEIGHTS CITY COUNCIL MINUTES -9-
November 10, 2004
2005 Tree Removal Contract Extension (continued)
Mayor Gehrz concurred with extending the contract for 2005.
Talbot moved that staff be authorized to extend the current tree removal contract with S & S
Tree Service through the end of 2005. The motion was approved 2-1, with Gehrz and Talbot
voting in favor, Lamb voting no.
REPORTS, INFORMATION AND ANNOUNCEMENTS:
Council member Talbot reminded the viewing audience to study the City's newsletter about
refuse collection when it arrives in their mail and let the City know what they think.
Mayor Gehrz said there will be a special edition of the City newsletter that will be dedicated
solely to solid waste collection. The public input process is critical and comments will be
accepted until December 30, 2004. Comments will be accepted in three ways: Letters, via fax
or via e-mail. The Council will be considering this subject at its regular Council meeting on
January 26, 2005
• Council member Lamb reminded the viewing audience to take the time to study the newsletter.
It is 12 pages in length but is the result of hundreds of pages of research and study by the Solid
Waste Commission. It deserves people's attention. Pay close attention to the rules of how to
respond.
Mayor Gehrz said the Saint Anthony Police Department utilized an 18 year old individual to do
compliance checks at the three businesses that have on or off-sale liquor licenses in Falcon
Heights: J's Liquors, Dino's Gyros and the Chianti Grill (formerly Ciatti's). All three
businesses refused to sell alcohol to the individual and Mayor Gehrz thanked them for their
diligence.
Mayor Gehrz said that with regard to the election on November 2, Falcon Heights had a gigantic,
wonderful turnout at both of its precincts. Things went very, very smoothly at both precincts and
she thanked Deputy Clerk Kodluboy and the election judges for the fantastic job that they did.
Administrator Worthington said that Kids Voting went very well. Over 2,000 kids voted and
they had a fun time doing it. They hope to do it again in two years.
The regular City Council meeting adjourned at 8:15 PM.
Respectfully submitted,
Mary Shea Kodluboy
Deputy Clerk
4
• CITY OF FALCON HEIGHTS
MINUTES
November 24, 2004
Mayor Gehrz called the regular Council meeting to order.
PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb,
Peter Lindstrom and Richard Talbot
Also present: City Administrator Heather Worthington and Deputy Clerk
Mary Shea Kodluboy
COMMUNITY FORUM:
Mr. Bryan Olson, 1592 Roselawn Avenue, said he was pleased the city was not declaring this
week Bible Week. He thanked the Deputy Clerk for giving him complete election information.
He said the press has been given this information too and he urged them to publish it in its
entirety. He said the newsletter was dated October-December but he did not receive it until
November 15. Did everyone in Falcon Heights have the same problem? At least half of the
information is dated. Is there an explanation for that? Administrator Worthington said the
• newsletter went out late. The post office can choose to delay delivery of bulk rate materials.
City staff was also working on the Solid Waste Commission report and both went out in the
same week. Mr. Olson said that people have until December 30 to get their opinions to the City
about organized refuse collection. He received the refuse newsletter on November 18, only
giving people five weeks to respond. Anyone who comes to City Hall can get a copy. He would
like to see all of the members of the commissions listed on the web site, as well as the agendas
for all of the Commissions and the work session agendas.
PRESENTATIONS: None Scheduled
APPROVAL OF MINUTES: The Council minutes dated October 27, 2004 were unanimously
approved as presented.
PUBLIC HEARINGS: None Scheduled
CONSENT AGENDA:
Kuettel moved approval of the Consent Agenda, as outlined below. The motion was
unanimously approved.
1. General Disbursements through November 19, 2004: $ 56,926.88
Payroll (11/01/04-11/15/04 $ 12,588.59
2. Approval of sixth partial pay estimate to Jay Brothers, Inc., in the
amount of $14,758.25, for the 2004 Curtiss Field Pond Improvements
ID
C
FALCON HEIGHTS CITY COUNCIL MINUTES -2-
November 24, 2004
Discussion on ordinance change relating to Bus Bench Signs (continued)
Mayor Gehrz introduced Messrs. Rollie and Scott Danielson, the owners/operators of U.S. Bench
Company and thanked them for being in attendance.
Administrator Worthington said that in early April, staff notified U.S. Bench they were in
violation of a city ordinance that prohibits advertising signs in the right of way. This
enforcement action was the result of a citizen complaint about the location of a bus bench
adjacent to the resident's property. At the May 5, 2004 meeting, the Council enacted a six month
moratorium on the installation of any new bus bench signs in the city to give staff time to
research the issue and come back to the Council with a recommendation. At the September 22°d
meeting, staff requested an extension of this moratorium to November 24th Staff researched the
approaches other cities take with this issue, and their recommendation is outlined below.
Ordinance Recommendations:
1. Definition: A courtesy or bus bench sign is a waiting bench for the convenience of the
• public waiting for a regularly scheduled public transportation at a scheduled Metro
Transit Bus Stop m the city.
2. Location: Courtesy or bus bench signs may be located on public property when adjacent
to commercial or business property (B-1, B-2, B-3), and may be placed on private
property in commercial or business property (B-l, B-2, B-3) when permission is obtained
from the owner of the land, and a license is granted by the city in accordance with this
section. No courtesy or bench signs may be located in residential areas (R-l, R-2, R-3 or
R-4 zoning districts).
3. Specifications: Each bench location must be approved by the city zoning administrator.
Benches must be installed parallel with the curb.
4. A bench must have displayed thereon, in a conspicuous place, the license number
assigned to it.
5. The licensee must maintain the bench at the location designated in the license and keep
the bench in good repair, painted, the sign face maintained in good condition, and the
bench structure kept in usable condition.
Optional provisions:
1. Several cities limit the size and height of benches-for instance, the City of Crystal,
limits them to no more than 42 inches high, 30 inches wide or seven feet long.
2. Several cities regulate the advertising to not allow the words "STOP", "LOOK",
"DRIVE-IN", "DANGER" or "any other word, phrase or symbol which might interfere
with, mislead or distract traffic". (Minneapolis, Brooklyn Center).
FALCON HEIGHTS CITY COUNCIL MINUTES -3-
November 24, 2004
Discussion on ordinance change relating to Bus Bench Sims (continued)
Licensing:
Staff recommends an annual fee of $25.00 per bench to cover costs related to staff time in
establishing allowed locations, licensing paperwork, and enforcement activities or response
to complaints.
General discussion followed.
Council member Lamb recommended that with regard to being specific about types of
advertising, the City of Roseville challenged a gentleman with a flag and they lost big. Rely
on the common sense and reasonableness of U.S. Bench. It reflects on their business as well.
The general consensus of the Council was that the following modifications be made to the
proposed ordinance outlined previously:
1. Limit to print advertising only.
2. The new owner of a property must give written permission if the bench is on private
• property.
3. Use the City of Roseville's ordinance language regarding removal.
4. Size: 42 inches high, 30 inches wide, seven feet long, and advertising on street side only.
5. Location: If a bench is proposed to be located in the R-3 or R-4 zoning districts, make it a
conditional use, with the consent of the adjacent property owner.
6. Add a provision that deals with removal of the bench or benches for street improvements or if
the City deems them to be safety hazards.
7. Include the optional provisions and the licensing provision.
In response to questions about placement of these benches adjacent to MTC bus shelters,
the installation and removal of concrete pads the benches rest on, and graffiti removal,
Mr. Scott Danielson said that one of the MTC bus shelters on Snelling doesn't have benches
and MTC does this because some people do not like to sit in a bus shelter with other people.
Mr. Rollie Danielson said the MTC encourages his company to put their benches near the bus
shelters so that the shelters become a mini transit station. People are hesitant to sit in a bus
shelter with a stranger. Mr. Rollie Danielson said that with regard to the concrete pads they use,
they have perfected a special pad that can be moved very quickly. As soon as they receive a call
to remove a bench and pad they do so very quickly. He said that with regard to graffiti removal,
they have all kinds of chemicals available and respond very quickly to any calls they receive
about this. He commented that they do not allow any politics or legal advertising on their
benches.
Staff and the City Attorney will draft an ordinance for consideration at a future Council meeting.
~a
• FALCON HEIGHTS CITY COUNCIL MINUTES -4-
November 24, 2004
Draft Subscriber Agreement for Ramsey County Public Safety Radio Communications
Subsystem
Mayor Gehrz said she believed the Ramsey County Board acted on this document earlier in the
day. It authorizes the County Manager to begin negotiations with the subscribing units.
The Ramsey County user groups want their own radios rather than leasing them and will pay for
their own repair costs. There is no anticipated fee, although one may be proposed in the future.
Council member Talbot asked if the City can join with other entities. Mayor Gehrz said the City
will be purchasing its radios through the County. Administrator Worthington said that three
contracts have been let. Council member Talbot asked about the approximate cost per unit and
the number the City will purchase. Administrator Worthington said the City will purchase 17-20
of the Motorola 2500 unit that costs $2,500. There will be one encrypted radio that cannot be
monitored on a scanner and it will cost $5,000. There is a subsidy of $1,900 per unit. Mayor
Gehrz commented that the City's cost will be about $600 per radio. Council member Talbot
asked about the potential difficulty of having everyone speak at once on a particular channel.
Administrator Worthington said the radios will be programmed so that does not happen.
i The agreement covers the following provisions:
Use of the Ramsey County Subsystem to the Region wide Public Safety Radio
Communications System;
Purchase, Maintenance and Repair of Subscriber Radios; and
Administrative and Operational Support of the Subscriber Radio Fleet
Mayor Gehrz recommended a change on page 30, Section 2.4. Change Subscriber Fleet Support
Fee to Future Fee.
A brief discussion followed.
Lindstrom moved approval of the draft agreement in form, with the change on page 30, Section
2.4, from the term Subscriber Fleet Support Fee to Future Fee. The motion was unanimously
approved.
Election Results Information
Deputy Clerk Kodluboy told the viewing audience that election results for any municipality or
township can be obtained on-line via the Secretary of State's office, www.sos.state.mn.us, and
then click on November 2, 2004 General Election Results. Anyone who does not have a
computer or Internet access can either call or stop in to City Hall and staff will provide the
information, or they can go to their local library.
13
FALCON HEIGHTS CITY COUNCIL MINUTES -5-
November 24, 2004
Preliminary Tax Statements
Mayor Gehrz said that most residents have received their preliminary tax notice and may see that
the city portion increased a little bit. If you see an increase, the City did not increase taxes; the
City decreased taxes by $10,000. There will be a Truth in Taxation Hearing on Monday,
December 6, 7:00 PM, at City Hall, with final approval of the budget and levy at the regular
Council meeting on Wednesday, December 8, 7:00 PM, at City Hall.
REPORTS FROM COUNCIL MEMBERS: None
INFORMATION AND ANNOUNCEMENTS:
Council member Talbot said that at Thanksgiving, one of his blessings is being allowed to sit on
the City council and make decisions on behalf of his neighbors. It's wonderful and one of the
things he is grateful for. He told the viewing audience to have a wonderful Thanksgiving.
Council member Lindstrom said that he was at the Coffee Grounds the other day and talked to
the owner. They will be having an art show shortly. The business is located on the corner of
Hamline and Hoyt.
Council member Kuettel wished everyone a Happy Thanksgiving.
Council member Lamb said that he hopes everyone has received the Solid Waste Commission
mailing. He asked the viewing audience to read it thoroughly and write a letter, fax or email
City Hall giving your opinion.
Mayor Gehrz said that she and Administrator Worthington participated in the Governor's
Symposium on Homeland Security and it covered everything from agriculture, meat inspection,
public health and transportation. There were many questions from the audience.
Administrator Worthington said that two documents were distributed to the City Council prior
tonight's meeting: A final copy of the Solid Waste Commission Report and the proposed budget
for 2005. She asked the Council to let her know if there are any problems with the proposed
budget or if they would like changes.
The regular City Council meeting was adjourned at 8:20 PM.
Respectfully submitted,
• Mary Shea Kodluboy
Deputy Clerk
14
CONSENT Gl
• 12/08/04
ITEM: Disbursements and Payroll
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary
1. General Disbursements through December 3, 2004: $ 76,922.64
2. Payroll (11/15/04-11/30/04) $ 13,854.47
ATTACHMENTS:
• General Disburse nts on pages ~_
• Payroll on pages~~
ACTION REQUESTED:
• Approval
•
i$
DATE 12/03/04 TIME 10:54 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 1
APPROVAL OF BILLS
PERIOD ENDING: 12-03-04
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
ICMA RETIREMENT TRUST 457 302632 GEHRZ DEC/04 LEGISLAT 112.50
ICMA RETIREMENT TRUST 457 302632 TALBOT DEC/04 LEGISLAT 270.00
*** TOTAL FOR DEPT 11 382 .50
ICMA RETIREMENT TRUST 457 302632 WORTHINGTON DEC04 ADMINIST 250.00
60204 PERA PERA NOV 16-30 ADMINIST 1,532.99
*** TOTAL FOR DEPT 12 1,782 .99
60206 DINO'S GYROS FOOD- NOV 2ND ELECTION ELECTION 200.00
*** TOTAL FOR DEPT 15 200 .00
60206 DINO'S GYROS FOOD - OCT 2ND EVENT COMMUNIC 514.00
NORTH SUBURBAN ACCESS CO. 3RD QTR WEBSTREAM & PROG COMMUNIC 327.38
NORTH SUBURBAN COMM COMMS INTERNET SVC JUL-SEP 04 COMMUNIC 251.06
QWEST TELEPHONE CHARGES COMMUNIC 32.70
NEXTEL COMMUNICATIONS,INC CELL PHONE COMMUNIC 15.89
*** TOTAL FOR DEPT 16 1,141 .03
MN NCPERS LIFE INSURANCE DEC-04 JONES PLANNING 16.00
*** TOTAL FOR DEPT 17 16 .00
XCEL ENERGY ELEC EMERGENC 6.28
NEXTEL COMMUNICATIONS,INC CELL PHONE EMERGENC 43.39
*** TOTAL FOR DEPT 21 49 .67
CITY OF ST ANTHONY DEC 04 POLICE SERVICES POLICE 27,585.84
STATE OF MINNESOTA CITATIONS 11/03-10/04 POLICE 731.20
*** TOTAL FOR DEPT 22 28,317 .04
AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE FIG 55.59
HINRICHS,RICH FIRE HALL CLEANING FIRE FIG 325.00
MUSKA ELECTRIC ELECT. WORK - CITY WIDE FIRE FIG 709.15
OXYGEN SERVICE COMPANY TANK RENTALS FIRE FIG 40.00
VISIONARY SYSTEMS LTD FIREHOUSE SOFTWARE SUPP. FIRE FIG 100.00
*** TOTAL FOR DEPT 24 1,229 .74
HOAG, GREG MILEAGE - NOV CITY HAL 43.50
BOARD OF WATER COMMISSNRS H2O CITY HAL 15.70
BOARD OF WATER COMMISSNRS S.S CITY HAL 38.23
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 44.45
CINTAS CORPORATION #470 RUG SVC CITY HALL CITY HAL 39.29
MCI WORLDCOM RES SVC LONG DISTANCE CHARGES CITY HAL 26.87
MUSKA ELECTRIC ELECT. WORK - CITY WIDE CITY HAL 770.53
S & S TREE SPECIALISTS IN SALES TAX INVOICE 50327 CITY HAL 6.18
NORM'S TIRE SALES INC. BOBCAT TIRE REPAIR CITY HAL 28.50
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 40.96
NEXTEL COMMUNICATIONS,INC CELL PHONE CITY HAL 75.92
*** TOTAL FOR DEPT 31 1,130 .13
GOPHER SIGN COMPANY 2HR PARKING SIGNS STREETS 391.55
GOPHER SIGN COMPANY STREET SIGN POSTS STREETS 60.48
*** TOTAL FOR DEPT 32 452 .03
BOARD OF WATER COMMISSNRS H2O PARK & R 10.01
DATE 12/03/04 TIME 10:54 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2
APPROVAL OF BILLS
PERIOD ENDING: 12-03-04
~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
BOARD OF WATER COMMISSNRS S.S PARK & R 12.86
BOARD OF WATER COMMISSNRS H2O PARK & R 10.01
BOARD OF WATER COMMISSNRS S.S PARK & R 12.88
HOME DEPOT CRC/GECF ICE RINK SUPPLIES PARK & R 192.20
ICMA RETIREMENT TRUST 457 302632 TRETSVEN DEC/04 PARK & R 100.00
MUSKA ELECTRIC ELECT. WORK - CITY WIDE PARK & R 826.79
XCEL ENERGY ELEC PARK & R 22.79
ON SITE SANITATION COMM PK TOILET PARK & R 70.65
QWEST TELEPHONE CHARGES PARK & R 110.47
*** TOTAL FOR DEPT 41 1,368.66
HOWARD GREEN COMPANY CRACK SEALING 2004 INFRASTR 1,303.55
OUTDOOR LIGHTING SERVICES STREETLIGHT PAINTING INFRASTR 900.00
*** TOTAL FOR DEPT 71 2,203.55
CITY OF ST PAUL FUEL - SEPT 04 SANITARY 71.82
*** TOTAL FOR DEPT 75 71.82
CITY OF ST PAUL FUEL - SEPT 04 STORM DR 100.00
HOWARD GREEN COMPANY CURTISS FIELD IMPRV STORM DR 16,207.01
MIKE McPHILLIPS INC FALL STREET SWEEPING STORM DR 9,356.25
60205 NORTHERN ESCROW INC 6TH PARTIAL PAY ESTIMATE STORM DR 12,914.22
*** TOTAL FOR DEPT 76 38,577.48
•
*** TOTAL FOR BANK O1 76,922.64
*** GRAND TOTAL *** 76,922.64
i~
PERIOD END DATE 11/30/04 **FILE NOT UPDATED** PAGE 1
SYSTEM DATE 11/29/04
C H E C K R E G I S T E R
.CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 11 29 04 6 SUSAN GEHRZ 50103 193.07
COM 11 29 04 12 LAURA A. KUETTEL 50104 277.05
COM 11 29 04 13 PETER C. LINDSTROM 50105 277.05
COM 11 29 04 14 RICHARD P TALBOT JR 50106 7.05
COM 11 29 04 15 ROBERT E LAMB 50107 277.05
COM 11 29 04 34 CLEMENT KURHAJETZ 50108 290.99
COM 11 29 04 42 MICHAEL D CLARKIN 50109 108.52
COM 11 29 04 66 ALFRED HERNANDEZ 50110 55.41
COM 11 29 04 74 MARK J ALLEN 50111 138.52
COM 11 29 04 85 DANIEL S JOHNSON-POWERS 50112 54.64
COM 11 29 04 91 RICHARD H HINRICHS 50113 38.64
COM 11 29 04 1003 HEATHER WORTHINGTON 50116 1501.84
COM 11 29 04 1015 GREGORY R. HOAG 50117 1490.92
COM 11 29 04 1030 MARY A. KODLUBOY 50118 1404.59
COM 11 29 04 1033 DAVE TRETSVEN 50119 1050.35
COM 11 29 04 1038 DEBORAH K JONES 50120 1202.30
COM 11 29 04 1046 MARY MCGUIRE 50121 65.00
COM 11 29 04 1072 DONNA LOU REYNOLDS 50122 65.00
COM 11 29 04 1089 KATHLEEN A CIERNIA 50123 52.00
COM 11 29 04 1094 KATHLEEN A BALDWIN 50124 65.00
COM 11 29 04 1095 MARGARET M BARRETT 50125 65.00
COM 11 29 04 1096 JANE ADAMS DEHLIN 50126 52.00
COM 11 29 04 1097 TAI SHIGAKI 50127 97.50
COM 11 29 04 1104 MARY P. PETERSON 50128 52.00
COM 11 29 04 1109 DELAINE E MEYER 50129 65.00
• COM 11 29 04 1136 ROLAND O OLSON 50130 1301.61
COM 11 29 04 1137 MARK C. HANSMEIER 50131 234.97
COM 11 29 04 1138 ANN E. DAVY 50132 1006.01
COM 11 29 04 1143 COLIN B CALLAHAN 50133 467.71
COM 11 29 04 1157 MARY ELIZABETH HILL 50134 52.00
COM 11 29 04 1158 STEVEN R GRAHAM 50135 110.50
COM 11 29 04 1180 CAROLYN J RITCHIE 50136 45.50
COM 11 29 04 1195 WILLIAM L DOWNING 50137 52.00
COM 11 29 04 1198 MARTHA V EVEREST 50138 61.75
COM 11 29 04 2003 SARAH L H BRAND 50139 52.00
COM 11 29 04 2004 MANLEY E OLSON 50140 97.50
COM 11 29 04 2024 JOAN T. SEIDEL 50141 58.50
COM 11 29 04 2026 SHARON C. CASTLE 50142 117.00
COM 11 29 04 2027 ANDREA K. HOWELL 50143 117.00
COM 11 29 04 2028 MENTOR C. ADDICKS JR. 50144 104.00
COM 11 29 04 2029 ANNE M. BURT 50145 52.00
COM 11 29 04 2030 SANDRA J. HARRIGAN 50146 52.00
COM 11 29 04 2031 MARY J. HAVERKOST 50147 110.50
COM 11 29 04 2032 MERILYN M. RAJCIC 50148 45.50
COM 11 29 04 2033 LILY J. ZAHARIADES 50149 61.75
COM 11 29 04 2058 PAULA L. BRYANT 50150 58.18
COM 11 29 04 2059 JANE M. AUGER 50151 58.50
COM 11 29 04 2060 BETTY J. ERNST 50152 65.00
COM 11 29 04 2061 PARNELL KINGSLEY 50153 61.75
COM 11 29 04 2062 VICTORIA L. LONG 50154 117.00
COM 11 29 04 2063 RHONDA M. LOVERUDE 50155 61.75
COM 11 29 04 2064 STEVEN J. TAFF 50156 110.50
• COM
COM 11
11 29
29 04
04 2065 PAMELA M. WAITE
2066 CYNTHIA HOBBIE 50157
50158 65.00
110
50
.
18
PERIOD END DATE 11/30/04 **FILE NOT UPDATED**
SYSTEM DATE 11/29/04
C H E C K R E G I S T E R
CHECK
TYPE
CHECK EMPLOYEE NAME
DATE NUMBER
COMPUTER CHECKS
MANUAL CHECKS
NOTICES OF DEPOSIT
****TOTALS****
i•
i•
PAGE 2
CHECK CHECK
NUMBER AMOUNT
13854.47
.00
.00
13854.47
19
•
•
~~
CONSENT G2
12/08/04
ITEM: Liquor Licenses
SUBMITTED BY: Mary Shea Kodluboy, Deputy Clerk
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: There are three liquor licenses that require Council approval before the end of December. These
licenses are for the calendar year January 1-December 31. All three establishments have returned the
paperwork, liquor liability insurance and fees required for licensure. Upon Council approval of the licenses,
they will be submitted to the State of Minnesota Alcohol and Gambling Enforcement Division.
ON-SALE LIQUOR, SUNDAY LIQUOR
Superior Concepts, Inc. d/b/a Chianti Grill, aka Ciatti's Restaurant
OFF-SALE LIQUOR
J's Liquor, Inc.
ON-SALE WINE AND STRONG BEER
Dino's Gyros
ACTION REQUESTED:
• Approval
•
~o
•
•
•
CONSENT G3
• 12/08/04
ITEM: Municipal, Home Occupation and Massage Therapy Licenses for 2005
SUBMITTED BY: Mary Shea Kodluboy, Deputy Clerk
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: Attached are lists of the municipal and home occupation and massage therapy licenses that have
been received, to date, for 2005. These licenses are for the calendar year January 1-December 31.
ATTACHMENTS:
^ List of municipal licenses on pages -~
^ List of home occupation licenses on page
^ List of massage therapy licenses on page
ACTION REQUESTED:
• • Approval of the municipal, home occupation and massage therapy licenses received, to date, for 2005
•
ai
•
Chin's Kitchen
1533 West Larpenteur Avenue
Falcon Heights, MN 55113
Mei Mei Ho, Owner
Ciatti's, aka Chianti Grill
1611 West Larpenteur
Falcon Heights, MN 55113
Kevin P. Schleif, Owner
Dino's Gyros
1670 North Snelling Avenue
Falcon Heights, MN 55113
Constantine Adamidis, Owner
Hair Designs Unlimited
1703 North Snelling Avenue
Falcon Heights, MN 55113
Chant Ting Insixiengmay, Owner
• Hamline Hoyt Service, Inc.
1565 North Hamline Avenue
Falcon Heights, MN 55113
Steven Horazdovsky, Owner
Hermes Floral Company, Inc.
1790 West Larpenteur
Falcon Heights, MN 55113
Donald Hermes, Owner
J's Liquors
1557 West Larpenteur
Falcon Heights, MN 55113
James Ward, Owner
John A. Knutson & Co., PLLP
1781 North Prior
Falcon Heights, MN 55113
Robert N. Davis, Owner
Martinizing Dry Cleaning
1407 West Larpenteur Avenue
Falcon Heights, MN 55113
Shelly Eiynck, Manager
•
2005
FALCON HEIGHTS LICENSED BUSINESSES
Chinese restaurant & take-out 651-646-0748
Restaurant & bar 651-644-2808
Greek restaurant -fast food 651-645-8800
Beauty salon, barber shop 651-644-3211
and massage therapy
Automotive repair 651-645-5434
Florist -grows & sells floral 651-646-6344
products & supplies
Liquor store 651-644-6675
Certified public accounting 651-641-1099
Dry cleaning & laundry 651-646-6411
~a
.FALCON HEIGHTS LICENSED BUSINESSES - 2005
Midwest Youth Dance Theatre
1557 West Larpenteur Avenue
Falcon Heights, MN 55113
Janet Blacik, Owner
Sleep Concepts, Inc.
1705 North Snelling Avenue
Falcon Heights, MN 55113
John Thorud, Owner
Source Comics & Games
1601 West Larpenteur
Falcon Heights, MN 55113
Bob Brynildson, Owner
Speedway SuperAmerica
1350 West Larpenteur
Falcon Heights, MN 55113
Rob Walters, Manager
Twin City Co-ops Federal Credit Union
2025 West Larpenteur Avenue
Falcon Heights, MN 55113
Cindy Hartley, Director of Facilities
Warners' Stellian
1711 North Snelling Avenue
Falcon Heights, MN 55113
Carla Warner, Owner
I•
Dance Studio
Bedroom furnishings
-2-
651-644-243 8
651-649-3973
Sale of hobbies, games, cards, 651-645-0386
comics
Gasoline station 651-645-7461
Credit Union 651-215-3450
Major appliances retail sales 651-645-3481
(12/02/04)
~3
•
2005
HOME OCCUPATIONS
LICENSED BY THE CITY OF FALCON HEIGHTS
Attention Technology -Computer Software 651-642-9104
2129 Larpenteur Ave West
Falcon Heights, Minnesota 55113
Lawrence Greenberg, Owner
Thomas D. Betz, private counseling 651-644-6699
1865 Fairview Avenue North
Falcon Heights, Minnesota 55113
Thomas Betz, owner
Independent Practice of Gloria Burgess 651-222-5687
1488 West Idaho Avenue
Falcon Heights, Minnesota 55108
Gloria Burgess, Owner
Rose Bed & Breakfast 651-642-9417
2129 Larpenteur Avenue West
Falcon Heights, Minnesota 55113
Lawrence Greenberg, Owner
(12/02/04)
~4
•
2005
MASSAGE THERAPY BUSINESSES
LICENSED IN THE CITY OF FALCON HEIGHTS
Hair Designs Unlimited 651-644-3211
1703 Snelling Avenue
Falcon Heights, Minnesota 55113
C. Ting Insixiengmay, Owner
Ferencz Mihaly Vincze-Turcean, Massage Therapist
Ruth Atherly, Massage Therapist
(12/02/04)
as
•
•
• CONSENT G4
12/8/04
ITEM: Amend the General Fund Budget to account for increased expenditures due to
storm damage, Dutch Elm Disease, and higher than expected MN Fire Aid payment
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: To be legally compliant with state statute, a city can not spend more in the general fund than was
budgeted or amended during the year. During the year 2004, Falcon Heights experienced some very unusual
expenses.
The first expense resulted from the outbreak of Dutch Elm Disease and the excessive tree damage from a storm
this last summer. We had originally budgeted $6,000 for tree removals but actually spent $18,044. Also we set
up a new budget line item for storm damage removals. There was no beginning budgeted amount; however, we
spent $5,780 for storm damage. On the plus side we had budgeted $4,000 for plantings, but have not spent
more than $160 for 2004 for plantings. The net increase in expenses above what was originally budgeted for
tree removals, tree plantings, and tree storm damage totaled $13,824. Staff recommends increasing the tree
• removal line item by $14,000 so that the tree removal line item amount would be $20,000 in the fina12004
Budget. This would be consistent with the projected budget tree removal line item for 2005 of $20,000.
Also, during 2004, the MN State Fire Aid exceeded the projected revenue and resulting expenditure in the 2004
Budget. Originally, it was projected that $40,000 would be received and then forwarded to the Falcon Heights
Fire Relief Association. The actual amount received was $52,795. The corresponding expenditure would be
$52,795 to the Fire Relief Association. Staff recommends increasing the budgeted line item for the MN State
Fire Aid to $52, 795 as well as a corresponding expenditure of $52,795 to the Falcon Heights Fire Relief
Association.
ACTION REQUESTED:
^ Staff recommends amending the general fund budget for 2004 to be legally compliant by increasing the
expenditure items as listed above to total increase of $24,975. Increase the MN State Fire Aid revenue
item to correspond to the increase in revenue from the MN State Fire Aid.
i•
~~
•
•
CONSENT GS
12/8/04
ITEM: Establish the Special Revenue Fund Budgets For 2004 including amendments on
Special Revenue Funds for 2004.
SUBMITTED BY: Roland O.Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
Summary: One of the requirements of our Comprehensive Annual Financial Report is to compare the
budgeted line items to the actual, both for revenue and expenditures for all Special Revenue Funds. We need to
formally recognize these budgeted special revenue funds so they can be used as comparative data in our CAFR.
Also, for 2004, three of these special revenue funds will need to be amended.
The Water Fund (204) has already been amended to reflect the transfer of funds to the Public Safety Capital
Fund (402) for a new fire engine in 2005. The Solid Waste Special Revenue Fund (206) experienced increased
costs associated with the Solid Waste Study on Organized Collection. The other special revenue fund that
needs to be amended is the Community Development Special Revenue Fund (208) to reflect the activity in the
South East Corner Redevelopment. We received an asbestos abatement grant ($74,773) from the Metropolitan
• Council which was a pass through expense paid to the developer of the SE Corner. In addition, the city returned
approximately $18,000 to Sherman Associates from previous deposits made to offset costs on the
redevelopment that have already been covered, per an agreement with Sherman Associates.
List of Special Revenue Funds:
Parks Program Special Revenue Fund (201). Original budget: $25,730 (No change)
Water Special Revenue Fund (204): Original budget $7,128 previously amended to $165,000.
Solid Waste (206): Original budget: $40,802. Need to increase budget by $4,000 to be a total of $44,802. To
allow for increased costs from the Solid Waste Study about organized collection.
CERT 2004 Special Revenue Fund (207); Original budget : $4,664 (no change).
Community Development Special Revenue Fund (208): Original budget was $20,520, but needs to be amended
up to $105,000 to allow for the additional expenses of the SE Corner Redevelopment.
Lawful Gambling, Special Revenue Fund (209: Original Budget $1,612. (No change)
ACTION REQUESTED:
^ Motion to adopt the Special Revenue Funds as stated, along with amendments.
•
a7
•
•
C7
•
ITEM: Mileage Reimbursement Rate Adjustments
SUBMITTED BY: Roland O. Olson, Finance Director
REVIEWED BY: Heather Worthington, City Administrator
EXPLANATION:
CONSENT G6
12/8/04
Summary: Currently, the Internal Revenue Service allows mileage reimbursement in the amount of 37.5 cents
per mile for 2004, with an increase in this rate up to 40.5 cents per mile becoming effective January 1, 2005.
The city of Falcon Heights currently has Council approval for the rate of 37.5 cents/mile when an employee
incurs automobile expenses while on City business. Staff is requesting that the mileage reimbursement rate be
increased to the IRS approved level of 40.5 cents per mile, effective January 1, 2004.
Meets Goal #4: To provide a responsive and effective City government
Strategy #7: To effectively manage the City's financial resources
ACTION REQUESTED:
• Approve the increase to 40.5 cents per mile, effective January 1, 2005
C
~8
•
•
• POLICY Hl
12/8/04
ITEM: Consideration of Resolution 04-24 Adopting the 2005 Property Tax Levy of
$865,008
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Mayor Gehrz, Council members Lamb, Lindstrom, Kuettel
and Talbot
Roland Olson, Finance Director
EXPLANATION:
Summary: The council is being asked to adopt Resolution 04-24, approving the property tax levy for 2005 in
the amount of $865,008 to support the $1,580,237 operating budget for 2005. The council held a public hearing
on the proposed 2005 Levy on December 6, 2004.
Purpose: To promote a community that is a good place to work, live, and visit.
ATTACHMENT:
• Resolution 04-24 on page ~~
ACTION REQUESTED
• Adoption of Resolution 04-24
•
~9
•
RESOLUTION NO: 04-24
CITY OF FALCON HEIGHTS
DECEMBER 8, 2004
RESOLUTION CERTIFYING THE 2005 TAX LEVY
• BE IT RESOLVED that the city council authorizes the city to levy taxes in the amount of
$865,008 for the year 2005; and
BE IT FURTHER RESOLVED that the county auditor should extend the tax levy in the
amount of $865,008 for the year 2005.
Moved by: Approved by:
GEHRZ
KUETTEL
LAMB
LINDSTROM
TALBOT
In Favor
Against
Susan L. Gehrz, Mayor
Date: December 8.2004
Attested by:
Heather M. Worthington
City Administrator
Date: December 8, 2004
• POLICY H2
12/8/04
ITEM: Consideration of Resolution 04-25 Adopting the 2005 Budget
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Mayor Gehrz, Council members Lamb, Talbot, Kuettel
and Lindstrom
Roland Olson, Finance Director
EXPLANATION:
Summary: The council is being asked to adopt Resolution 04-25, approving and adopting the 2005 budget in
the amount of $1,580,237. The council held a public hearing on the 2005 Budget on December 6, 2004.
This Budget includes the Special Revenue funds:
Park Program Fund (201) $28,372
Water Fund (204) $7,922
Solid Waste Fund (206) $40,280
Community Development Fund (208) $10,510
• Lawful Gambling Fund (209) $1,000
Purpose: To promote a community that is a good place to work, live, and visit.
ATTACHMENTS:
• Resolution 04-25 on page
• General Fund Revenue Budget Summary on pages 33--3
C:
31
•
RESOLUTION NO: 04-25
CITY OF FALCON HEIGHTS
DECEMBER 8, 2004
RESOLUTION ADOPTING THE 2005 BUDGET
BE IT RESOLVED by the city council of the City of Falcon Heights that the General Operating
Budget for the year 2005 in the amount of $1,580,237, and the Special Revenue Fund Budgets
for the year 2005 totaling $88,084 are adopted.
Moved by:
Approved by:
Susan L. Gehrz, Mayor
December 10.2003
Date
GEHRZ In Favor
KUETTEL
LAMB
LINDSTROM
TALBOT Against
Attested by:
Heather M. Worthington
City Administrator
December 10, 2003
Date
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• POLICY H3
12/8/04
ITEM: Consideration of a request for a variance at 2135 Hoyt Avenue West
SUBMITTED BY: Roger Miller, owner/leaseholder
REVIEWED BY: Deborah Jones, Zoning and Planning Coordinator
Heather Worthington, City Administrator
EXPLANATION:
Summary: 2135 Hoyt is a residence in the University Grove neighborhood of Falcon Heights. The property is
bounded on the east by the common area walkway between Hoyt and Folwell and on the north (rear) by a
common area.
The owner seeks a variance to construct a 14 foot by 16 foot sunroom addition at the rear of the house. The
addition would be designed to blend architecturally with the existing home. The addition would encroach 9 feet
into the required rear yard of 30 feet. The porch would replace and existing non-conforming deck that is
slightly smaller in area than the proposed porch. Staff cannot find any record of a permit or variance for the
existing deck.
The homeowner points out that several homes in the neighborhood make similar encroachments into their rear
setback, and therefore that the house will not be out of line with the rest of the block. Staff's survey of the
physical features map (see attachment) finds that six homes in the immediate neighborhood, out of 24, do
encroach into rear setback.
This property, like many in the University Grove district, is adjacent to a "commons" area that provides a
spatial and visual buffer between rows of homes in addition to setbacks. At the narrow end of this wedge
shaped parcel of land, immediately behind 2135 Hoyt, the commons is approximately 40 feet wide, widening to
over 50 feet at the other side property line of 2135 Hoyt. The proposed addition, if allowed, will be 66 feet
from the center line of the commons.
The applicant further says that living areas of homes in the neighborhood are oriented toward the commons and
that mosquitoes make it very difficult to fully enjoy this amenity without a screened porch.
Analysis•
a. That the granting of the variance will not be detrimental to the public interest.
Staff finds that the granting of this variance will not be detrimental to the public interest.
b. That the granting of the variance will not substantially diminish or impair property values or
• improvements in the area.
3C
• POLICY H3
12/8/04
Consideration of a request for a variance at 2135 Hoyt Avenue West (continued)
Staff finds that the granting of this variance will not substantially diminish or impair property values. Staff
finds further that the granting of this variance will enhance the value of this property and therefore of the values
in the area.
c. That the granting of the variance is necessary for the preservation and enjoyment of substantial
property rights.
Staff finds that the granting of this variance, while not absolutely necessary for the preservation and enjoyment
of substantial property rights, is necessary for the enjoyment of the outdoor amenity of the commons area and is
a reasonable request.
d. That the variance will not impair an adequate supply of light and air to adjacent property.
Staff finds that the variance will not impair an adequate supply of light and air to adjacent properties.
e. That the variance will not impair the orderly use of the public streets;
Staff finds that the variance will not impair the orderly use of the public streets.
f. That the variance will not increase the danger of fire or endanger the public safety;
Staff finds that the variance will not increase the danger of fire or endanger the public safety.
g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to
distinguish it substantially from all of the other properties in the zoning district of which it is a part,
or whether a particular hardship, as distinguished from mere inconvenience to the owner, would
result if the strict letter of the Chapter were carried out.
The property, while not unique, belongs to a group of Falcon Heights homes that enjoy access to a commons, or
greenbelt, which provides a visual and spatial buffer between homes over and above the buffer that a setback
requirement is designed to provide. Furthermore, homes adjacent to the commons are oriented so that the
principle living areas face the commons, not the street.
As the owner states in his letter, there is a particular hardship in being unable to take advantage of the amenity
offered by the commons during the mosquito season.
•
3'1
• POLICY H3
12/8/04
Consideration of a request for a variance at 2135 Hoyt Avenue West (continued)
h. Whether the variance is sought principally to increase financial gain to the owner of the property, and
to determine whether a substantial hardship to the owner would result from a denial of the variance.
Staff finds that no material or financial gain will occur in the granting of this variance. Staff finds that some
hardship to the owner would result from a denial, in that the residents will continue to be unable to take
optimum advantage of their location on the commons. Whether that hardship is substantial is a subjective
judgment; Staff defers to the Planning Commission on that judgment.
i. Whether the conditions which give rise to the application for the variance arose after the adoption of this
Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning
district different from what it was under the Chapter. In the consideration of this item, the City shall make
diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that
• can be solved through a proper application of a conditional use permit or an amendment of the Zoning code.
Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in
reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear
that the property was purchased on such reliance.
Not applicable.
Staff Recommendation:
Staff has no recommendation on this case and defers to the findings of the Planning Commission. At their
regular November meeting, the Planning Commission recommended approval of this variance unanimously.
Factors supporting granting of the variance
• The impact of the addition on the surrounding properties and the common area would be minimal.
• Setback requirements are designed to protect the character of neighborhoods by maintaining open spaces
between structures. The commons parcel provides additional open space along the back of this property, in
effect, visually extending the setback by over 20 feet.
r~
U
38
• POLICY H3
12/8/04
Consideration of a request for a variance at 2135 Hoyt Avenue West (continued)
• The proposed porch would enhance the value of the property and allow present and future residents greater
opportunity to enjoy a significant outdoor amenity.
Factors supporting denial of the variance
• Hardship imposed by denial of the variance may not be substantial enough to meet the standard established
in Falcon Heights code.
Attachments•
• Letter from applicant o pages b~
• Site plan on page
• Site plan with adjacent properties shown on page
• Letter of support signed by neighbors on pages
• Additional communications from neighbors to the City on page
• Map of properties in eas('t University Grove with rear setbacks on page
• • Resolution on pages __\
Action Requested:
• Discussion
• Consideration of the Planning Commission's recommendation to approve the variance for 2135 Hoyt
Avenue West.
•
34
ACT 2 ~ 20~~
October 22, 2004
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113
RE: Zoning variance application, 2135 Hoyt Avenue West, Falcon Heights, MN 55108
I am writing this letter to provide information in support of my application for a zoning
variance for the purpose ofbuilding athree-season sunroom addition on the north side of
my residence at 2135 Hoyt Avenue West, Falcon Heights, MN 55108. The proposed 14'
by 16' wood framed sunroom addition will be partially within the 30' setback zone at the
back of the lot, extending approximately 9' into the 30' setback zone, to within 21' of the
back lot line.
Lots in this section of the University Crrove back onto awedge-shaped commons area.
As a result, distances between houses, viewed back-to-back, are actually larger than in
most sections of Falcon Heights, creating an open and expansive feeling in the shared
• area behind these residences. Many houses on my block have their primary living spaces
facing to the rear because of this amenity. However, because of the relatively small lot
size vis-a-vis the house sizes in this block, a number of other residential structures extend
into the setback zone. These include 2147 Hoyt Ave. W, which is built to within 21 feet
of the back lot line; 2159 Hoyt Ave. W., which is built to within 23.7 feet of the back lot
line; and 2165 Hoyt Ave. W., which is built to within 20. S feet of the back lot line. The
proposed sunroom addition will therefore not be out of character with the footprints of
other structures on the block, and it will not encroach on the open common areas which
give this block its character.
The sunroom addition has been designed to blend in architecturallywith the style of the
existing residential structure. Areas not incorporating windows will be sheathed with the
same cedar siding as the rest of the house, and the roof will be shingled to match the ex-
isting house roof. The roof pitch will match that of the house.
Because of severe problems with mosquitoes during the spring and summer months, it is
nearly impossible to use the yard of this residence. (Several neighbors have screened in
their back decks or use screened porches because of this.) The proposed sunroom will
make it possible to enjoy one of the major amenities of the neighborhood, while at the.
same time improving the appearance of the residence to which it is added. In addition to
the inconvenience of mosquitoes, there is now the health hazard of West Nile Virus
which they carry, making the sunroom, with extensive screening, even more of a neces-
•
~o
•
•
•
Miller sunroom variance request letter
page 2
sity. Added to this, an elderly member of the family who frequently visits for extended
periods is extremely allergic to mosquito bites and cannot be outside in the yazd.
I have included several maps in addition to plans of the proposed structure. One map
shows the lot lines of 2135 Hoyt Avenue West, setbacks from the lot lines, and the azea
of the proposed addition. Note that the addition would entail the removal of the existing,
slightly smaller deck. This map also includes information on current and proposed lot
coverage. A second map shows all of the lots and buildings of those residences within
the sightlines of the proposed sunroom addition. It also indicates the commons azea, and
the midline of the commons, with appropriate distances noted.
All neighbors within sightlines of the proposed structure have been consulted, and ap-
prove of my request for the zoning variance. A list of neighbors consulted and their sig-
natures, attesting to their support, is appended to the application.
The plans and design have been submitted to the University of Minnesota Real Estate Of-
fice, in accordance with procedures governing modifications to the exteriors of houses in
the University Grove. I have also notified the Grove Homeowner's Association Presi-
dent. (The Real Estate Office will forward the plans to the Association.) My understand-
ing is that the University Grove approval process for the plans is sepazate from the zoning
variance request to the City of Falcon Heights.
Thank-you in advance for your cazeful consideration of this matter.
Sincerely.;,
.9 ~ //
.A'r..w' /'~
Rogef r~ Miller
~.~'~
.~
.,~
41
•
21'
16' --~ 35'
Existing
14' deck
(to be
removed)
13' 15.5'
2135 Hoyt Avenue West
T
- ~ .:-.f...-
34'
Lot square footage is 9583 sq. ft.
Residential footprint is 2264 sq. ft.
(does not include deck)
Proposed sunroom addition is 224 sq. ft.
Residential footprint will be 2488 sq. ft.
Lot coverage will go from 23.6% to 26%.
~~~ ~ ~ 20~
4~
p~~ ~ ~ 2004
•
F°'well q ~e~Ue
- - _ Commons ~'~-
Midline _ _ _ _
--
Hoyt Avenue West
2135 Hoyt Avenue West, sunroom addition project
Residences within sightlines of proposed addition and
relevant measurements
~3
~~~ ~ 2004
October 17, 2044
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights; MN 55113
This letter is in support of an applicatian by Roger Miller for a zoning variance for the
purpose of building a sunroom addition on the north side of the residential building at
2135 Hoyt Avenue West, Falcon Heights, MN 55148. The proposed 14' by 16' wood
framed sunroom addition will be partially within. the 34' setback zone at the back of the
lot, extending approximately 9' into the 34' setback zone, to within 21' of the back lot
line.
Lots in this section of the University Grove back onto awedge-shaped commons area.
Actual distances between houses, viewed back-to-back, are actually larger than ~n most
sections of Falcon Heights. Because of the relatively small lot size vis-a vis the house
sizes in this block, a number of other residential structures extend into the setback zone.
These include 2147 Hoyt Ave. W, which is built to within 21 feet of the back lot line;
2135 Hoyt Ave. W., which is built to within 23.7 feet of the hack lot line; and 2165 Hoyt
• Ave. W., which is built to within 20.5 feet of the back lot line. The proposed sunroom
addition will therefore not be out of character with the footprints of other structures on
the black.
The sunroom addition has been designed to blend in architecturally with the style of the
existing stracture. Areas not incorporating windows will be sheathed with the saute cedar
siding as the rest of the house, and the roof will be shingled to match the existing house
roof.
We are the neighbors within sight lines of the proposed structure. We have been
consulted by Mr. Miller (including review of the plans for the sunroom) and approve of
the request for the variance.
Gary and Rodin Wrigh~2`129 Hoyt Ave. W., Fa1cd$ Heights, MN 55108
t7ery1 An ` e, 214 Folwell Ave, Falcon Heights, MN 55148
.]
4y
~~~ ~ zoos
i•
Miller sunroom variance support letter
Gordon and Lamy Davis, Z 148 Folwell
~~, ..
Heights, MN 55108
P~e2
Carte ~ LCJ~t~sLAen
I•
•
~~~ ~ ~ ~ ~s~2~ ~~
Marcel and Sheila Richter, 2132 Folwell Ave., Falcon Heights, MN 55108
4~
Sanford and Carol Weisber .. 54 Folwell Ave., Falcon Heights, MN 551U~S /
2135 Hoyt Variance: Communications from Neighbors
From: Sanford Weisberg [sandy@stat.umn.edu]
Sent: Wednesday, November 10, 2004 4:58 PM
To: Deb Jones
Subject: Roger Miller variance request
I live at 2154 Folwell, and strongly support Miller's proposal. His planned addition will enhance the
common area as it will be considerably more attractive than the current seasonal porch, and will in no
way diminish the area. As I'm sure you know, the resulting setback for Miller's property will be the same
as at 2149 Hoyt, so I believe the variance is justifiable as an equity issue, as well as an aesthetic issue.
Sandy Weisberg, sanfordweisberg@post.harvard.edu
Days: 612-XXX-XXXX or 612-XXX-XXXX
Evenings: 651-XXX-~~~XX
From: Gdavis@csom.umn.edu
Sent: Wednesday, November 10, 2004 6:15 PM
To: Deb Jones
Subject: Approval for variance for 2135 Hoyt Avenue
We have reviewed the plan and the proposed variance. We approve the variance.
Gordon and LaNay Davis
2148 Folwell Avenue
• Te1:651-XXX-XXXX
From: Gordon Hirsch [hirsc002@umn.edu]
Sent: Thursday, November 18, 2004 9:33 AM
To: Deb Jones
Subject: Miller request for variance
Dear Ms.Jones:
We are responding to your letter of 9 November 2004 regarding the request of Roger Miller, 2135 Hoyt
Avenue West, for a variance from city code so that a sunroom addition to his house can be built. As we
cannot attend the Planning Commission meeting, we are sending this a-mail.
Although we are not immediate neighbors, within sight of the proposed addition, we are fellow University
Grove residents and we want to express our firm support in favor of Mr. Miller's request.
Given the Commons Area buffer, an addition to Mr. Miller's house would not detract from a sense of
open space or contribute to crowding. It would add to the value and enjoyment of his house and grounds,
and so represent a good use of the space he proposes to enclose.
Thank you for the opportunity to express our opinion in this matter.
Gordon and Louella Hirsch, 2111 Hoyt Avenue West, Falcon Heights.
•
4G
Rear Setbacks on Hoyt and Folwell in University Grove (east)
r~
Measurements are approximate!
Measurements were made by hand from the 2003 physical features data on the
Ramsey County GIS User Group Online Mapping website and may be off by up
to 2 feet.
Source: http://maps.metro-inet.us
•
4'7
• CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
RESOLUTION NO.04-26
A RESOLUTION RECOMMENDING APPROVAL
OF REAR YARD SETBACK VARIANCE REQUEST
WHEREAS, on November 23, 2004 the Planning Commission conducted a public hearing regarding
Roger Miller's request for a variance from Section 9-4.01, Subd. 4 of the Falcon Heights Zoning Ordinance.
NOW THEREFORE, Based on the attached Findings of Fact and Recommendation, the City Council
hereby approves Roger Miller's request for a variance from Section 9-4.01, Subd.4 of the Falcon Heights
Zoning Ordinance to allow the construction of a 14' by 16' (224 square foot) sunroom addition encroaching
nine (9) feet into the required rear yard setback.
ADOPTED this 8th day of December, 2004, by the City Council of the City of Falcon Heights,
Minnesota.
CITY OF FALCON HEIGHTS
BY: ATTEST:
Mayor By:
Its:
C7
48
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, Iv~NNESOTA
•
IN RE:
Application of Roger Miller, FINDINGS OF FACT
2135 Hoyt Avenue West, for a variance AND
from reaz yard setback requirements. RECOMMENDATION
On November 23, 2004, the Falcon Heights Planning Commission met at its regularly scheduled
meeting to consider the application of Roger Miller, 2135 Hoyt Avenue West, for a variance from rear
yard setback limitations for a single family home in the R-1 Zoning District. The Planning Commission
conducted a public hearing on the proposed Variance preceded by published and mailed notice. The
applicant was present and the Planning Commission heazd testimony from all interested persons wishing
• to speak and now makes the following:
FINDINGS OF FACT:
1. The subject property is zoned R-1, One Family Residential District.
2. The subject property is legally described as:
Lot 13, Block 2, Auditor's Subdivision No. 90
3. The applicant seeks a variance from Section 9-4.01, Subd. 4 (Lot Area, Height, Lot
Width and Yard Requirements) of the Falcon Heights Zoning Ordinance which requires structures or
buildings to be located no closer than thirty (30) feet from the rear yard line..
4. The subject property is 9,583 square feet. The main building is setback thirty-five (35)
feet from the rear yard and has an existing non-conforming deck that the applicant proposes to replace
by constructing a 14 foot by 16 foot sunroom addition that will encroach nine (9) feet into the rear yard
•
49
setback. There is a commons area approximately forty fee wide abutting the rear yard. The commons
i area is jointly owned, used and maintained as open space by the residents of the block.
5. Section 9-15.03 Subd. 4 of Falcon Height's Zoning Ordinance directs that the City to
make the following findings when considering a request for a variance:
a) That the granting of the variance will not be detrimental to the public
welfare.
The Planning Commission finds that granting of this
variance will not be detrimental to the public welfare. The impact of the
addition on the surrounding properties and the common area would be
minimal. Setback requirements are designed to protect the character of
neighborhoods by maintaining open spaces between structures. The
commons parcel provides additional open space along the back of this
property, in effect, extending the setback visually by over 20 feet.
b) That the granting of the variance will not substantially diminish or
impair property values or improvements in the area.
The Planning Commission finds that the granting of this
• variance will not substantially diminish or impair property
values, but will enhance the value of this property and the surrounding
area, and allow present and future residents greater opportunity to enjoy
a significant outdoor amenity.
c) That the granting of the variance is necessary for the preservation
and enjoyment of substantial property rights.
The Planning Commission finds that the granting of this variance, while not
absolutely necessary for the preservation and. enjoyment of substantial property
rights, is necessary for the enjoyment of the outdoor amenity of the commons area
and is a reasonable request.
d) That the variance will not impair an adequate supply of light and
air to adjacent property.
The Planning Commission finds that the variance will not impair
an adequate supply of light and air to the adjacent properties.
e) That the variance will not impair the orderly use of the public streets.
The Planning Commission finds that the variance will
• not impair the orderly use of the public streets.
so
f) That the variance will not increase the danger of fire or endanger
the public safety.
The Planning Commission finds that the variance will
not increase the danger of fire or endanger the public safety.
g) Whether the shape, topographical condition or other similar chazacteristic
of the tract is such as to distinguish it substantially from all of the other
properties in the zoning district of which it is a part, or whether a
pazticulaz hardship, as distinguished from mere inconvenience to the
owner, would result if the strict letter of the Chapter were carried out.
The Planning Commission finds the property, while not unique in the
neighborhood, belongs to a group of Falcon Heights homes that unlike other
homes in the one family residential zone enjoy access to a commons, or greenbelt,
which provides a visual and spatial buffer or open space between homes over and
above the buffer that a setback requirement is designed to provide. If this jointly
owned commons area was divided equally between abutting properties, the rear
lot of 2135 Hoyt might be increased an additional twenty feet. Furthermore,
homes adjacent to the commons are oriented so that the principal living areas
face the commons, not the street.
h) Whether the variance is sought principally to increase financial gain to the
• owner of the property, and to determine whether a substantial hardship to
the owner would result. from a denial of the variance.
The Planning Commission finds these variances are not sought to
increase financial gain to the owner of the property. The Planning
Commission finds that a hardship would be imposed by denial
of the variance on rear yard setback, in that the residents would continue to be
unable to take optimum advantage of their location on the commons.
i) Whether the conditions which give rise to the application for the variance
arose after the adoption of this Chapter of the Code of the City of Falcon
Heights or any amendment thereto which placed the tract in a zoning
District different from what it was under the Chapter. In the consideration
Of this item, the City shall make diligent inquiry as to all changes in the
property and shall refuse to grant the variance if the problem is one that
can be solved through a proper application of a conditional use permit
or an amendment of the Zoning code. Financial hardship shall not be a
basis for the granting of a variance when the owner purchased the
property in reliance on a promise that a variance would be granted, and the
City shall dismiss the appeal if it shall appear that the property was
purchased on such reliance.
•
5)
The Planning Commission finds that this Code section is not applicable to
the present application in that it does not appear that the need for the
variance was created by a Code amendment adopted subsequent to the
construction of the house. A conditional use permit or a code amendment
are not practicable or feasible alternatives to the variance.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the application by Roger
Miller for a variance from Section 9-4.01, Subd. 4 of the Falcon Heights Zoning Ordinance for 2135
Hoyt Avenue West..
ADOPTED by the Falcon Heights Planning Commission on this 23rd day of
•
November, 2004
~.' ( ~,-
FALCO~1 I~EI TS,~LA.1~T~NG COMIVIISSION
,= .~`
Its Chairperson
ATTEST:
By:
Its: P1G ni+r~ ~ 2c~i +d R-~v/"
S~
• POLICY H4
12/8/04
ITEM: Agreement to Operate a Program of Public Recreation and Playgrounds
SUBMITTED BY: Heather Worthington, City Administrator
Greg Hoag, Director of Public Works
Ann Davy, Parks and Recreation Supervisor
REVIEWED BY: Roger Knutson, City Attorney
Laura Mae Larsen, ISD 623, Roseville Area Schools
EXPLANATION:
Summary: In the early 1990's, the city entered into an agreement with the Roseville Area Schools/ISD 623, to
partner with the Falcon Heights Elementary School to install new playground equipment and provide basketball
courts and other recreation amenities. In 2004 the City and the School District entered into talks on how to
write an agreement that was up to date and covered both recreational opportunities, equipment, and amenities
that are on the grounds at FH Elementary School. This process was started because all known previous
agreements had sunsetted.
As our discussions started it was identified that the school wanted to replace their existing playground and the
• city wanted to add a hockey rink. It was this basis that a new draft agreement was negotiated between the City
and the School District.
The finalized draft is recommended for approval by both City staff and District staff to their respective
governing bodies.
The agreement puts in one document all amenities and outdoor recreational opportunities that are available on
the property for use by both the School and residents of Falcon Heights.
Exhibit B will be added once the PTSA at Falcon Heights Elementary has what the playground equipment will
be installed this spring.
ATTACHMENT:
^ Fin 1 draft of the Agreement to Operate a Program of Public Recreation and Playgrounds on pages
r
ACTION REQUESTED:
• Discussion
• Approval of the Agreement to Operate a Program of Public Recreation and Playgrounds
•
53
AGREEMENT TO OPERATE A PROGRAM OF
PUBLIC RECREATION AND PLAYGROUNDS
AGREEMENT made this day of 2004, by and between the CITY OF
FALCON HEIGHTS, a Minnesota municipal corporation ("City"), and INDEPENDENT SCHOOL
DISTRICT N0.623, a Minnesota non-profit corporation ("District").
RECITALS
A. The City and District have had a long history of shared use of grounds and buildings for
recreational, instructional, and meeting purposes. This shared use has benefited the residents of the City and the
District by making optimal use of the facilities.
B. The City and District wish to memorialize their respective rights and obligations regarding the use,
improvement, and maintenance of property owned by the District.
C. Minn. Stat. § 471.15, et sec ., authorizes the City and District to enter into an agreement to operate a
program of public recreation and playgrounds and to acquire, equip, maintain, improve and use recreational
facilities and property.
D. This document will also incorporate any previous agreements the City and the District have made which
have not yet terminated.
NOW, THEREFORE, the parties agree as follows:
SECTION I
GENERAL PROVISIONS
1.1 School property. The District and the City agree that District facilities shall be treated as "school
ground" as contemplated by the alcohol control provision of Minn. Stat. § 624.701; that the District's alcohol and
tobacco policies and regulations, and any additions or amendments thereto, shall apply to all District facilities; that
the area should be appropriately posted; and that the City may withhold access from groups for alcohol or tobacco
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• violations. The City agrees to enforce applicable statutes and ordinances in and around District facilities in the
same way the City enforces statutes and ordinances on park and City property.
1.2 Term.
A. The term of the Agreement shall extend from the date hereof to September 1, 2009. The Agreement
shall be automatically renewed thereafter on an annual basis unless either party elects to terminate the agreement
under paragraph B.
B. Sixty (60) days prior to September 1, 2009, and thereafter sixty (60) days prior to each annual
renewal date, either parry may terminate this Agreement by written notice to the other party. Termination shall take
effect on the annual renewal date following the sixty (60) day notice period. In the event of termination, any and all
materials, equipment or other property of the City shall be removed from School Property.
c:
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• SECTION II
FALCON HEIGHTS ELEMENTRY SCHOOL PLAYGROUND
2.1 Equipment.
A. The City will pay to the District Fifteen Thousand Dollars ($15,000.00) to be used by the District
for the purchase of recreational equipment. The equipment to be purchased with the contribution of the City is
identified on Exhibit "B" attached hereto. (Hereby known as amenity #1) as shown in Exhibit "C" attached hereto.
B. The District shall install the equipment on the playground portion of the property legally described
in the attached Exhibit "A" ("District Property").
C. Amenity #1 will be owned by the District. The District shall promptly fix or replace any damage to
Amenity # 1 and shall keep Amenity #1 and the District Property in good repair and in a safe condition.
2.2 Equipment Buy Back. In the event that (a) the District removes Amenity #1 from the District
• Property; (b) the District sells the District Property to a third party; or (c) the District otherwise terminates this
Agreement, then the City shall have the option to purchase amenity # 1 for $1.00.
2.3 Right of First Refusal. The City shall have the right of first refusal if the District Property or any
part thereof, is offered for sale to a third party. The right of first refusal shall arise if the District enters into a
purchase agreement with any third party. In that event, the District shall provide written notice of the purchase
agreement with the third party to the City along with a true and correct copy of the purchase agreement. The City
shall then have fifteen (15) days from the date of delivery of the notice and purchase agreement to exercise its right
of first refusal. The right of first refusal will entitle the City to purchase the property described in the purchase
agreement under the same terms and conditions offered to the third party in the purchase agreement. If the City
fails to give notice within the prescribed fifteen (15) day period, the right of first refusal terminates.
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2.4 Use of Playground. The District Property shall be open to the public except during school hours
• durin which time the District may make exclusive use of the District Property.
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2.5 Liability. The District is responsible for any claims arising out of the use of amenity # 1 and the
District Property and any liability for claims arising there from shall be governed by Minnesota Statutes, Chapter
466
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• SECTION III
FALCON HEIGHTS ELEMENTRY SCHOOL SKATING RINKS
3.1 Ice rinks. The City shall construct, maintain and operate two ice rinks on the playing fields located
on the property described on the attached Exhibit "A." (hereby known as Amenity #4) as shown in Exhibit "C"
attached hereto. The City shall be responsible for constructing and promptly performing necessary maintenance,
repair and replacement on the rinks and the surrounding area. One rink shall include hockey boards. The City shall
remove the boards each year after the conclusion of the skating season.
3.2 Use of Rinks. The skating rinks shall be open to the public subject to rules and regulations adopted
by the City.
3.3 Liability. The City is responsible for any claims arising from the construction, maintenance and
• operation of the skating rinks and any liability for claims arising there from shall be governed by Minnesota
Statutes, Chapter 466.
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• SECTION IV
FALCON HEIGHTS ELEMENTARY SCHOOL BASKETBALL COURTS AND CITY OWNED.
PLAYGROUND
4.1 Introduction. In 1995 the City purchased a playground (hereby known as amenity #2) as shown in
Exhibit "C" attached hereto, and installed a basketball court (hereby known as amenity#3) as shown
in Exhibit "C" attached hereto, on the grounds of Falcon Heights Elementary School. These items
were purchased and installed to serve the recreational needs of the students of the School District
and the citizens of Falcon Heights.
4.2 Equipment. The playground equipment and basketball court will be owned by the District. The
District shall promptly fix or replace any damaged equipment. The District shall keep the
playground and basketball court in good repair and in a safe condition.
• 4.3 Use of equipment. These amenities shall be open to the public except during school hours during
which time the District may make exclusive use of the amenities.
4.4 Permanent Removal. If the district removes the amenities referenced in section 1V, the District
shall notify the City sixty (60) days in advance and give the City the option to remove the
equipment.
4.5 Use of Grounds. The city may use the grounds identified in exhibit A for recreational programming
activities. In return for the use the city will provide trash pickup from all barrels near the play
amenities and sports fields.
4.6 Liability. The District is responsible for any claims arising out of the use of any of the above named
amenities, and any liability for claims arising there from shall be governed by Minnesota Statutes,
Chapter 466.
S9
THIS AGREEMENT executed by the parties hereto the day and year first written above.
a
CITY OF FALCON HEIGHTS,
a Minnesota municipal corporation
BY:
Susan L. Gehrz, Mayor
AND
Heather M. Worthington
City Administrator
ADDRESS FOR GIVING NOTICES:
Falcon Heights City Hall
2077 Larpenteur Avenue W.
Falcon Heights, MN 55113
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INDEPENDENT SCHOOL DISTRICT
N0.623, a Minnesota non-profit corporation
BY:
Its
AND
Its
ADDRESS FOR GIVING NOTICES:
Laura Larsen
Roseville Area Schools
District Center
1251 County Road B-2 West
Roseville, MN 55113
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• EXHIBIT A
The North 48 feet of Lot Eleven (11); That part of Lot B lying South of the extension across said lot of the
South line of Lot 10; all in Midway Plains.
That part of the South half of the Northeast Quarter of the Southwest Quarter of Section 15, Township 29,
Range 23, lying West of the East 167 feet thereof, South of the North 54 feet thereof and East of the East line
and the extension thereof Midway Plains, all according to the plat thereof on file and of record in the Office of
the Register of Deeds in and for Ramsey County and according to the United States Government survey thereof.
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• Exhibit B
Listing of amenities in the new district playground #l. This listing will be added when the District enters into a
purchase agreement with a supplier.
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Exhibit C
Map showing by number which area are what
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Amenity # 1 New District Playground
Amenity #2 1995 City purchased Playground
Amenity #3 1995 Basketball Courts
Amenity #4 Ice Rink area and general sports field area
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POLICY HS
12/8/04
ADDENDUM
ITEM: Consideration of including written petitions as an acceptable form of input on the topic of solid
waste collection.
SUBMITTED BY: Mayor Gehrz
EXPLANATION:
Summary A resident has requested clarification of whether signed petitions will be included in the report of
public input on the Solid Waste Collection issue.
The rules we adopted at our October 13 Council meeting require that comments be written, include the person's
name and address, and be received at City Hall by letter, fax, or Email by 4:30 on December 17. (This was later
extended to December 30.)
Signed petitions that include the person's name and address would satisfy the requirements of those rules.
One of the "Important Tips" for providing input that was added to the information piece mailed to our residents
• has caused some confusion regarding petitions. It states the following:
Your comment must come directly from you to the City. We will not accept comments delivered through
a third party.
I believe that the intent of this was not to exclude petitions as a form of written input. It was intended to address
the issue of people claiming to be representing opinions of other residents without written verification of that
representation.
I, therefore, request that the City Council clarify this by approving written, signed petitions as one of the
acceptable forms of input on the Solid Waste Collection issue.
The names and addresses of residents who sign petitions will be included in the data analysis and public record
on this issue.
ACTION REQUESTED:
Approval for including written petitions as an acceptable form of input on the topic of solid waste collection.
•
POLICY H6
• 12/8/04
ADDENDUM
ITEM: Consideration of ordinance regarding bus bench signs
SUBMITTED BY: Heather Worthington, City Administrator
REVIEWED BY: Roger Knutson, City Attorney
EXPLANATION:
Summary: In early April, staff notified U.S. Bench that they were in violation of a city ordinance which
prohibits advertising signs in the right of way. This enforcement action was the result of a citizen complaint
about the location of a bus bench adjacent to the resident's property. At the May 5, 2004 meeting, the Council
enacted a six month moratorium on the installation of any new bus bench signs in the city to give staff time to
research the issue and come back to the Council with a recommendation.
At the September 22"a meeting, staff requested an extension to this moratorium to November 24th. At the
November 24th meeting, the city council reviewed staff recommendations for an ordinance concerning bus
bench or courtesy bench signs. Staff is now bringing a final ordinance back to the Council for review and
• consideration
ATTACHMENT:
Ordinance 04-02
ACTION REQUESTED:
Discussion
Approval of Ordinance 04-02
•
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 04-02
AN ORDINANCE AMENDING THE
FALCON HEIGHTS CITY CODE
CONCERNING COURTESY BENCHES
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1. Chapter 3, Section 6 of the Falcon Heights City Code is amended to read:
3-6.03 Courtesy benches.
A. Definition. A courtesy bench is a bench provided for the public to wait for regularly
scheduled public transportation.
B. Location.
• 1. Courtesy benches shall be located along regularly scheduled public transportation routes.
2. No courtesy bench may be placed within five hundred feet of any other bench or within
fifteen feet of an existing transit shelter of any kind located within a right of way.
3. Courtesy benches may be located on public rights of way or on public property if the
public right of way or public property is zoned commercial or business property (B-1, B-2 and
B-3 zoning districts). '
4. Courtesy benches may be located on private property within commercial or business
property (B-1, B-2 and B-3 zoning districts) if permission is obtained from the owner of the
land.
5. Courtesy benches shall be allowed as a conditional use in zoning districts R-3 and R-4.
6. Courtesy benches shall not be located in zoning districts R-1, and R-2.
C. License Required. Courtesy benches must be licensed as provided by this section.
C
• D. Specifications.
1. Courtesy benches shall be no more than three and one-half feet high, seven feet long and
three feet wide. Courtesy benches must be erected on a concrete pad no more than eight feet
long and four feet wide.
2. Courtesy benches must be installed parallel with the curb.
3. Courtesy benches must not render the bus stop ADA (Americans with Disabilities Act)
non-compliant and placement must allow for normal transit shelter maintenance, including
adequate access for replacement of glass.
4. Courtesy benches must display the license number assigned to it.
5. Courtesy bench licensees must maintain the bench at the location designated in the
license and keep the bench in good repair, painted, the sign face maintained in good
condition, and the bench structure kept in a usable condition.
6. When directed by the City Administrator as necessary to address refuse and litter issues
and in no event less than once per week, courtesy bench sites shall be cleaned and
• maintained. Cleaning and maintenance shall include picking up litter or debris around the
bench and removing graffiti and stickers. Ice and snow shall be removed from the courtesy
bench site such that the courtesy bench site is fully accessible within seventy-two hours after
snow or other weather event. Benches shall be inspected weekly for any damaged or broken
parts. Any damaged or broken parts shall be replaced or repaired within forty-eight hours
after damage or breakage is discovered or reported.
7. The sign area of courtesy bench signs shall not exceed eleven square feet. No flashing
signs, motion signs or illuminated signs are permitted on courtesy benches. The definitions in
§ 9-1.02 apply to this section.
8. Courtesy benches must comply with ~§ 9-13.02, 9-13.03 of the Falcon Heights City Code.
E. Removal. At the request of the City Administrator, a courtesy bench shall be removed at
licensee's sole expense to allow for right of way improvements or maintenance. If the
location of the courtesy bench is a safety hazard, if the courtesy bench interferes with
pedestrian or vehicular traffic, or if the courtesy bench's public transportation route changes,
then said courtesy bench shall be removed at the licensee's sole expense. Removal shall
occur within thirty days of written notice provided by the City Administrator to the licensee.
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F. License Procedures. An application for a courtesy bench license shall be made on the form
supplied by the City and must be accompanied by the fee established by the Council and
proof of insurance coverage. The City Administrator shall approve or deny the application.
Upon forty-five (45) days written notice, the applicant may appeal the City Administrator's
decision to the City Council. Prior to a decision on an application for a courtesy bench
location where no courtesy bench currently exists, there shall be a public hearing. All
adjacent property owners shall be given thirty days written notice of the hearing.
G. Insurance. No license shall be issued or continued in operation unless there is in full force
and effect a liability insurance policy issued by an insurance company authorized to do
business in the State of Minnesota and acceptable to the City for each courtesy bench in the
amount of $50,000 combined single limit. Such policy must be endorsed to show the City as
an additional insured and the City shall receive advance notice of not less than 30 days of the
cancellation of coverage. Copies of such policy shall be filed in the office of the City Clerk.
SECTION 2. Section 9-1.02 of the Falcon Heights City Code is amended by adding the following
definition:
Sign, Courtesy Bench. A sign which is affixed to a courtesy bench or shelter.
• SECTION 3. Section 9-13.02, Subdivision 2, subparagraphs "a" and "b" of the Falcon Heights City
Code are amended to read:
a. Types of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal,
political, real estate sales, temporary, wall and courtesy bench signs.
b. Number of Each Type of Sign Allowed Per Lot Frontage. One (1) real estate sales sign, two (2)
temporary signs, one (1) nameplate sign, one (1) political sign. Courtesy bench signs are permitted
on licensed courtesy benches.
SECTION 4. Section 9-13.02, Subdivision 3, subparagraphs "a" and "b" of the Falcon Heights City
Code are amended to read:
a. Wipes of Signs Allowed. Business, nameplate, identification, illuminated, ground, pedestal,
political, real estate sales, shopping center sign where there are three (3) or more businesses,
temporary, wall and courtesy bench signs.
b. Number of Each Type of Sign Allowed per Lot Frontage. One (1) real estate sales sign, two (2)
temporary signs, one (1) nameplate sign, one (1) political sign for each candidate, and one (1)
business sign or one (1) shopping center sign. If a shopping center sign is used, each business
• establishment located in the shopping center shall also be permitted one (1) business or nameplate
sign. Courtesy bench signs are permitted on licensed courtesy benches.
SECTION 5. Section 9-13.03, Subdivision 2, of the Falcon Heights City Code is amended to read:
Subdivision 2. Certain Signs Prohibited. No sign will be permitted that provides refuge from police
surveillance, tends to accumulate debris as a fire hazard, or in any other way is a hazard to the public
health, safety, convenience or general welfare. Private signs are not permitted within streets or other
public right-of--way, except on courtesy benches as regulated herein.
SECTION 6. Section 9-13.03, Subdivision 4, of the Falcon Heights City Code is amended by adding
subparagraph C to read:
c. Courtesy bench signs are permitted on courtesy benches in the zoning districts specified herein.
SECTION 7. This ordinance shall be effective immediately upon is passage and publication.
ADOPTED this 8th day of December, 2004, by the City Council of Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS
BY:
ATTEST:
Heather M. Worthington, City Administrator/Clerk
Susan L. Gehrz, Mayor
•