HomeMy WebLinkAboutCCAgen_09June10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 10, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____
KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: May 27, 2009 E. PUBLIC HEARINGS: 1. MS4 Permit Presentation and Public Hearing-Addendum
F. CONSENT AGENDA: 1. General Disbursements through 6/4/09: $108,703.63 Payroll through 5/28/09: $15,822.12 2. City License Renewal 3. Appoint to Human Rights Commission 4. Variance
request for 1496 Larpenteur Avenue G: POLICY ITEMS 1. 2010-2011 Police Contract with the St. Anthony Police Department 2. Resolution Awarding Bids for 2009 Contract A H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of
8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. ?????
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA May 27, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X___ HARRIS _AB___
KUETTEL __X__ LONG __X__ MERCER-TAYLOR __X__ MILLER __X__ C. PRESENTATIONS: 1. Luke Mielke Eagle Scout Project-Community Park Bat Houses D. APPROVAL OF MINUTES: May 13, 2009 APPROVED
F. PUBLIC HEARINGS: F. CONSENT AGENDA: KUETTEL MOVED APPROVAL 4-0 1. General Disbursements through 5/21/09: $46,406.44 Payroll through 5/15/09: $14,324.36 2. City License Renewal 3.
Commission Appointment G: POLICY ITEMS MERCER-TAYLOR MOVED APPROVAL 4-0 1. Grant Agreement with Capitol Region Watershed District K. INFORMATION/ANNOUNCEMENTS: L. COMMUNITY FORUM: M.
ADJOURNMENT: ADJOURNED AT 7:25PM
PUBLIC HEARING E1 6/10/09 ITEM: MS4 Permit Presentation and Public Hearing SUBMITTED BY: Tim Pittman, Parks and Public Works Director EXPLANATION: According to state statute, cities
are required to publicize and hold a public hearing on the municipal storm water prevention plan. Municipal permits are granted under the Municipal Separate Storm Sewer System or MS4
program. Falcon Heights falls under the obligations of the program, and the hearing and presentation fulfills these requirements. No formal action is needed.
CONSENT F1 6/10/09 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements
through 6/4/09: $108,703.63 Payroll through 5/28/09: $15,822.12 ATTACHMENTS: General disbursements and payroll ACTION REQUESTED: Approval
CONSENT F2 6/10/09 ITEM: City License Renewals SUBMITTED BY: Lisa Abernathy -Deputy Clerk The following individuals have applied for a Home Occupation License for 2009. Staff has received
the necessary documents for licensure. • Twin Cities Tutoring Academy The following individuals have applied for a Mechanical Contractors License for 2009. Staff has received the necessary
documents for licensure. • Golden Valley Heating & Air
CONSENT F3 6/10/09 ITEM: Commission Appointment SUBMITTED BY: Peter Lindstrom, Mayor EXPLANATION: I am recommending that the following individual be appointed to the Falcon Heights Human
Rights Commission: • Laura Boisen ACTION REQUESTED: Approval.
Consent F4 6/10/09 ITEM: Variance requests for 1496 Larpenteur Avenue SUBMITTED BY: Deborah Jones, Zoning and Planning Director REVIEWED BY: Justin Miller, City Administrator Roger Knutson,
City Attorney EXPLANATION: Background/History/Property Description: 1496 West Larpenteur, PIN 222923220144, is located on the south side of Larpenteur Avenue, midway between Arona and
Pascal Streets in Falcon Heights. The legal description is “W ½ Lot 10 Bk. 13, Northome 3rd Addition Ramsey County, Minnesota.” The parcel is approximately 50 feet wide by 115 feet deep,
with an area of approximately 5663.8 square feet. The property is zoned R-4 “R-4 medium density multiple-family residential district – apartment buildings” and has been maintained in
this use since 1946 when the existing 8-unit apartment building was constructed. Of all residential properties in Falcon Heights, 1496 Larpenteur has the highest housing density in units
per acre. The owner of 1496 W. Larpenteur has applied for variances in order to build a new new detached garage facing the alley behind the building. The proposed garage would have space
for five vehicles and a covered walkway between the back yard and the alley for more convenient tenant access. It would replace an existing two-car garage at the east side of the rear
of the lot. The property has five on-site parking spaces, three uncovered and two in the existing garage. According to the owner, only one of the garage spaces is used for vehicle parking
at the present time due to storage needs for building maintenance. West Side Setback Variance The required setback from the side property line is 5 feet unless the property meets conditions
for one of the exceptions defined in Section 113-240(c) of the city code. The existing garage meets the conditions to allow the setback to be narrowed to 2 feet at the east side of the
property but not the west side. The applicant requests a variance of three feet on the west side in order to build the garage at two feet from the property line on the west. Otherwise,
the garage could not accommodate five vehicles and a proposed breezeway through the
building. No variance is sought in the rear setback, which will be five feet from the alley right-of-way, as required by code. Area Variances Section 113-240(p) of the code restricts
detached accessory buildings to no more than 40% of the rear 30 feet of the lot and 1000 square feet over all. The proposed garage would exceed both of these limits, having an area of
1015 square feet and occupying 67.5% of the rear 30 feet of the property. The owner requests (1) a variance of 27.5% above the 40% limit for the rear 30 feet of the lot and (2) a variance
of 15 square feet above the overall limit for detached accessory structures. The reason for these variances is to allow a large enough structure to accommodate five parking stalls and
a breezeway that meets ADA width requirements. Planning Commission Recommendation Following a public hearing on May 26, 2009, the Falcon Height Planning Commission voted unanimously
to approve all three variances. There was no opposition from the community. No changes were made to staff findings of fact: a. That the granting of the variance will not be detrimental
to the public welfare. The Planning Commission finds that granting of the variances will not be detrimental to the public welfare. The proposed garage represents no net loss of on site
parking and the practical gain of one space. b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area. The Commission
finds that granting the variances will not substantially diminish or impair property values or improvements in the area. The applicant cites increased value to tenants and improved value
of the property among his reasons for requesting the variances. c. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The
Commission finds that granting of the variances is not necessary for the preservation and enjoyment of substantial property rights. However, it is reasonable for a rental property owner
to want to provide enclosed parking for tenants in Minnesota, if space allows.
d. That the variances will not impair an adequate supply of light and air to adjacent property. The Commission finds that the variances 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; The Commission finds that the variances will not impair the orderly use of public
streets. There will be no net decrease in off street parking. See (a) above. f. That the variance(s) will not increase the danger of fire or endanger the public safety; The Commission
finds that the variances 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 Commission finds that the characteristics of the property do distinguish it substantially
from other R-4 properties in Falcon Heights. 1496 Larpenteur is one of only nine apartment buildings in Falcon Heights with alley access, all of which have limited on street parking.
Of those nine, it is one of the two that occupy single-family-size lots. In fact, 1496 Larpenteur is smaller than most single family parcels. Unlike the neighboring 5-unit building at
1492 Larpenteur on a similar lot, this building has 8 units, making this the highest density residential property in the city in units per acre. Both 1492 and 1496 have front property
lines set farther from the street centerline than the other properties on the block. The constraints imposed by the small size and intense use of this property do create a particular
hardship in limiting the property to no more than a double garage under the requirements of the city code. This is not practical for multi-family residential property. h. Whether the
variance is sought 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.
Since the owner now has the option of removing and not replacing the existing garage, or replacing it on the existing footprint without added enclosed parking – both at much lower cost
– staff finds that the variance is not sought principally to increase financial gain to the owner. While the city no longer requires enclosed parking for apartment properties on alleys,
covered parking is a reasonable and desirable amenity for a multi-family dwelling in Minnesota. In particular, the area restrictions in Sec. 113-240(p), possibly intended to apply primarily
to single-family properties, would constitute a major impediment to the construction of new enclosed parking on many multi-family properties in the city. This is certainly a hardship
to tenants. 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 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.
Additional Analysis: • Given the size and narrowness of the lot, the 40% limit is impractical for a multi-family property and rules out any significant improvement in parking configuration
for 1496 Larpenteur. • The proposed garage does not reduce the amount of on-site parking at 1496 Larpenteur. In fact, it creates an additional usable space for parking that was formerly
used for storage. • Although the city now exempts apartment properties on alleys from the requirement that at least half the parking be enclosed, covered parking is still a desirable
amenity in this climate, and the proposed garage would improve the value of this property as housing in the community and improve the quality for tenants. • Denying the setback variance
on the west would require the elimination of the covered walkway from the plan. Staff considers a walkway through the building a better design and better use of space than requiring
extra room between the west end and the property line. Provided the walkway is kept well lit and and clear (and not used for storage, which would be a code violation), it would provide
much easier access to the alley for residents than walking around the ends of the building. • The applicant demonstrated that the breezeway through the building would not meet ADA width
requirements if narrowed enough to lower the total area of the building below 1000 square feet. He has already reduced the parking bays to the narrowest width possible. The applicant
showed that he has put considerable thought into making the most economical use of the limited space available. Attachments: • Variance application with attached letter from applicant
• Proposed site plan (sketch) • Map of the block on the south side of Larpenteur between Arona and Pascal Action Requested: Approve the following variances for 1496 West Larpenteur Avenue:
• Variance of 3 feet in the side setback on the west side (Sec. 113-240(c) ) • Variance of 27.5% over the 40% limit to area of structures in the required rear yard (Sec. 113-240(p) )
• Variance of 15 square feet over the 1000 square feet limit for total area of detached accessory structures. (Sec. 113-240(p) )
April 20,2009 City of Falcon Heights 2077 W. Larpenteur Are. W. Falcon Heights, MN 5 5 1 1 3 Am: Ms Deborah Jones Subject: 1496 Larpenteur Garage Dear Ms Jones, Per our conversation,
please find herein my preliminary request for approval to build a five (5) car garage with a two (2) foot side yard setback, occupying more than 40 percent of rear yard area and exceeding
more than 1,000 square feet in size. My reasons for this request are 1) as silly as it sounds I would have less snow to shovel, 2) offer my tenants more value for their rent, 3) create
a more appealing back alley view with cars being inside a garage rather than outside, 4) improve my property value, which will increase my tax base, g dfo r the city, 5) in the last
couple of years I have seen a number of new garages built by my alley neighbors and hope I too can do the same. I\e included additional information for your review. If you should have
any questions, please feel free to contact me and I wait for your response. 71 15 62"d~veN. . New Hope, MN 55428 65 1 -592-266 1 CeiI
Aerial Photo Unselected -R-4 with alleys Falcon Heights DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation
of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only.
SOURCES: Ramsey County (February 2, 2009), The Lawrence Group;February 2, 2009 for County parcel and property records data; February 2009 for commercial and residential data; April 2006
for color aerial imagery;
POLICY G1 6/10/09 ITEM: 2010-2011 Police Contract with the St. Anthony Police Department SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Our current contract with the St.
Anthony police department expires at the end of this year. The contract calls for a renewal to be approved by each city council by May 15th, and staff from all three cities (Falcon Heights,
Lauderdale, and St. Anthony) have been working on a new contract for the 2010 year and beyond. Attached to this report is a copy of a revised contract proposed by St. Anthony. Since
the council’s last discussion on the contract, a few items have changed. Both Lauderdale and Falcon Heights were seeking a termination provision which would allow either party to exit
the agreement with adequate notice. This provision was not acceptable to St. Anthony, so in response, a two year contract is being proposed as opposed to a three year contract. Highlights
and/or changes are summarized below: 1) Provides for 24-hour coverage for 2010 and 2011. 2) Dispatching costs will now be paid by each city (as opposed to being included in the contract).
Our portion of the consolidated dispatching center will change from year to year based on the number of calls attributed to Falcon Heights in a formula agreed to when the center was
approved. For years 2007-2009, our share has been roughly $11,000. We were notified this week by Ramsey County that our share will increase to $14,692 in 2010. 3) If a city wishes to
terminate the agreement, they must notify such intent by April 15th. The contract will then be terminated at the end of that year. This is similar to the existing language in the current
contract 4) The costs for each year of the contract (along with some historical data) is: Contract (after dispatching expenses taken out) % change 2007 $508,500 2008 $537,100 5.6% 2009
$567,250 5.6% 2010 (proposed) $578,595 2.0% 2011 (proposed) $590,167 2.0% Staffs from all three cities have been working very diligently on this proposal, and all are recommending to
their respective city councils that it be approved. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached contract for police services with the City
of St. Anthony for years 2010, 2011, and 2012.
POLICY G2 6/10/09 ITEM DESCRIPTION: Resolution Awarding Bids for 2009 Contract A SUBMITTED BY: Deb Bloom, City Engineer Background: The approved 2009 Pavement Management Program consists
of Mill and Overlay and City Hall Parking lot reconstruction. In order to get the best price for these projects, this work has been combined into one construction Contract, 2009 Contract
A. The City Council approved plans and specifications and authorized advertisement for bid in April. Staff advertised the project for three weeks. The bids were opened at 11 a.m. on
Thursday, May 14, 2009. The Contract consists of work on the following City Projects and based on the bids received, staff recommends awarding the project to the lowest responsible bidder.
FH-09-08 City Hall Parking Lot Reconstruction Work at this site consists of constructing a permeable asphalt pavement parking lot, two rain gardens and related restoration. This project
is being supported by Capitol Region Watershed District and Ramsey Conservation District for the construction of the water quality improvements. FH-09-10 2009 Pavement Management Program
Prior Avenue, (Larpenteur Ave to cul-de-sac) Maple Knoll Drive, (Fry St to Garden Ave) Garden Ave, (Fry St to W Snelling Frontage Rd) Fry Street, (Maple Knoll Dr to Garden Ave) The work
consists of primarily street reconstruction and rehabilitation consisting of roadway milling, concrete curb and gutter repair, watermain replacement, and bituminous paving. Also included
are driveway and boulevard restoration. Based on past practice, the City Council has awarded contracts to the lowest responsible bidder. The following is a summary of the bids received
for this project: Contractor Bid Rum River Contracting $438,139.84 North Valley, Inc. $447,800.74 Arnt Construction Co. Inc $460,306.81 Tower Asphalt, Inc. $492,699.58 Bituminous Roadways,
Inc $494,891.57 Hardrives, Inc $499,017.72 Midwest Asphalt Corp. $526,420.40 T.A. Schifsky & Sons, Inc. $547,783.28
We have reviewed Rum River Contracting’s references and confirmed that they are a responsible bidder. Financial Impacts We received 8 bids for this project. The lowest responsible bid
submitted by Rum River Contracting, $438,139.84, is 26% lower than the Engineer’s construction estimate of $552,407.90. This project is proposed to be paid for using Municipal State
Aid funds, Assessments, St. Paul Water Utility funds, a Capitol Region Watershed District grant, and a Ramsey Conservation District grant. Attached is a funding summary for this Contract.
Consistent with the City’s Assessment Policy, a portion of the costs for the Mill and Overlay projects are assessed to benefitting property owners. This project is proposed to be completed
this summer, the final assessment amount would be determined by the Council at an assessment hearing in the fall. These assessments can either be paid up, or be put against taxes payable
in 2010 for 7 years at around 6% (rate set at time of hearing). The following are assessment assessment rates for this improvement: Mill & Overlay Assessment Rates: Feasibility Report
Estimated Rates* Tax Exempt -100% of project cost/foot $50.88 $40.76 Commercial -60% of project cost/foot $30.53 $24.45 Residential -40% of project cost/foot $20.35 $16.30 * Rates are
based on estimated engineering and quantities. Assessments will be calculated using actual costs. Requested Action Approval of a resolution awarding bid for 2009 Contract A in the amount
of $438,139.84 to Rum River Contracting, of Princeton, Minnesota. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached resolution in support of
the new Bell Museum of Natural History.
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 10, 2009 No. 09-04 ----------------------------------------------------------A RESOLUTION AWARDING BIDS FOR 2009 CONTRACT A WHEREAS, pursuant
to advertisement for bids for the improvement, according to the plans and specifications thereof on file in the office of the Manager of said City, said bids were received on Thursday,
May 14, 2009, at 10:00 a.m., opened and tabulated according to law and the following bids were received complying with the advertisement: Contractor Bid Rum River Contracting $438,139.84
North Valley, Inc. $447,800.74 Arnt Construction Co. Inc $460,306.81 Tower Asphalt, Inc. $492,699.58 Bituminous Roadways, Inc $494,891.57 Hardrives, Inc $499,017.72 Midwest Asphalt Corp.
$526,420.40 T.A. Schifsky & Sons, Inc. $547,783.28 WHEREAS, it appears that Rum River Contracting, of Princeton, Minnesota, is the lowest responsible bidder at the tabulated price of
$438,139.84, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The Mayor and Manager are hereby authorized and directed to enter into
a contract with Rum River Contracting, of Princeton, Minnesota for $438,139.84 in the name of the City of Falcon Heights for the above improvements according to the plans and specifications
thereof heretofore approved by the City Council and on file in the office of the City Manager. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids except the deposits of the successful bidder and the next lowest bidder shall be retained until contracts have been signed. -----------------------------------------
-------------------------Moved by: Approved by: ________________________ Peter Lindstrom, Mayor June 10, 2009 LINDSTROM _____ In Favor KUETTEL Attested by:__________________________
HARRIS _____ Against Justin Miller, Administrator LONG June 10, 2009 MERCER-TAYLOR
City Project FH-09-08 & FH-09-10 FALCON HEIGHTS CITY HALL PARKING LOT & MILL AND OVERLAY PROJECTS Funding Summary 09-10 Mill and Overlay Estimated cost MSA Assessments St. Paul WU Bid
MSA Assessments St. Paul WU Street Construction $192,226.52 $97,547.64 $94,678.88 $ 158,578.76 $82,729.95 $75,848.81 Watermain Reconstruction $208,982.57 $251,786.23 $ 128,353.53 $ 128,353.53
Engineering (17%) $82,175.36 $19,980 $19,392 $42,803.66 $ 48,778.49 $ 11,423.09 $15,535 $ 21,820.10 SubTotal $483,384.45 $117,527.28 $114,070.94 $294,589.89 $335,710.78 $94,153.04 $91,384.11
$150,173.63 09-08 Parking Lot Bid FH CRWD* RCD** Bid FH CRWD* RCD** Parking Lot $74,837.18 $74,837 $ 60,147.03 $60,147 Pervious Pavement $100,637.90 $12,638 $88,000 $ 69,342.66 $ 69,342.66
Rain Gardens $15,614.50 $3,904 $11,710.88 $ 21,717.86 $10,007 $11,710.88 Engineering (17%) $32,485.23 $32,485 $ 25,705.28 $25,705 $223,574.81 $123,863.93 $88,000.00 $11,710.88 $176,912.83
$95,859.29 $69,342.66 $11,710.88 Total Construction Cost $ 592,298.67 $ 438,139.84 Total Engineering (17% est) $ 114,660.59 $ 74,483.77 *CRWD Grant is up to $88,000 for porous pavement
portion of parking lot **RCD Grant is 75% of Rain Garden Construction cost up to $11,710.88 Feasibility Report Rum River Contracting