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Home My WebLink AboutCCAgenda_92Oct28 P -5. Selection of a city attorney(s) beginning in January, 1993. ACTION: P -6. Request from Ramsey County for assistance with the Cleveland Avenue Boulevard ACTION: P -7. Scheduling council meeting /workshop for Monday, November 16 at 7 P.M. ACTION: VIII. INFORMATION AND ANNOUNCEMENTS: I -1. Planning Commission Minutes of 9/28/92 Parks and Recreation Commission Minutes of 10/12/92 Human Rights Commission Minutes of 10/20/92 IX. ADJOURNMENT ADDENDUM OCTOBER 28, 1992 Item No. C -8. Final payment of $8,000 to Valley Paving for the 1991 street project City of Falcon Heights AGENDA Regular Meeting of the City Council October 28, 1992 I. CALL TO ORDER: 7 p.m. II. BALDWIN CIERNIA GEHRZ GIBSON TALBOT JACOBS CHENOWETH HOYT ATTORNEY ENGINEER III. COMMUNITY FORUM IV. APPROVAL OF MINUTES: October 14, 1992 V. PUBLIC HEARING: PH -1. Continuation of hearing on proposed assessment of diseased tree removal cost (from October 14, 1992) VI. CONSENT AGENDA: C -1. Disbursements a. General disbursements through 10/21/92, $41,396,23 b. Payroll, 10/01/92 10/15/92, $11,295.34 C -2. Appointment of Lisa Jo Lampi and Paul F. Kuettel to the Planning Commission C -3. Proposed Resolution R -92 -45 amending the city code relating to Chapter 5, Part 14, Fee Schedules C -4. Request for a variance of four feet in the sideyard setback of Section 9 -2.04 [1](c) of the zoning code. C -5. Request to Ramsey County for a temporary traffic signal at Fairview and Larpenteur Avenues C -6. Licenses C -7. Cancellation of November 11, 1992 council meeting VII. POLICY AGENDA: P -1. Update on Capitol Community Services ACTION: P -2. Lutheran Social Services Share -A -Home ACTION: P -3. Request for a contribution to the Roseville Area Senior Program ACTION: P -4. Change in ambulance billing procedure ACTION: (See Reverse) P -5. Selection of a city attorney(s) beginning in January, 1993. ACTION: P -6. Request from Ramsey County for assistance with the Cleveland Avenue Boulevard ACTION: P -7. Scheduling council meeting /workshop for Monday, November 16 at 7 P.M. ACTION: VIII. INFORMATION AND ANNOUNCEMENTS: I -1. Planning Commission Minutes of 9/28/92 Parks and Recreation Commission Minutes of 10/12/92 Human Rights Commission Minutes of 10/20/92 IX. ADJOURNMENT ADDENDUM OCTOBER 28, 1992 Item No. C -8. Final payment of $8,000 to Valley Paving for the 1991 street project Meeting Date: 10/28/92 Agenda Item: C -8 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Final payment of $8,000 to Valley Paving for the 1991 street project SUBMITTED BY: Valley Paving REVIEWED BY: Bill Westerberg, Engineer Susan Hoyt, City Administrator EXPLANATION /SUMMARY: Valley Paving completed all work on the 1991 street project to the engineer's satisfaction. The final payment is $8,000. ATTACHMENT: A. Letter from engineer dated 10/23/92. RECOMMENDATION: Pay Valley Paving $8,000 as final payment out of the 1991 Street Improvement Fund. CONSULTING ENGINEERS glo Maier Stewart Associates Inc. October 23, 1992 File No: 330 019 -30 Ms. Susan Hoyt to 2 1 N*2 City Administrator 4 City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 RE: 1991 FALCON HEIGHTS STREET IMPROVEMENT PROJECT Dear M's. Hoyt: Please find enclosed the following items necessary for final payment to Valley Paving, Inc., the contractor on the above referenced project. 1. Six (6) Minnesota Department of Revenue IC -134 forms. 2. Consent of Surety Company to Final Payment 3. Certification of payment for labor and materials. Therefore, based on the receipt of the above items and the completion of all items from the warranty inspection, we would recommend release of the $8,000.00 final payment to Valley Paving, Inc. If you have any questions or require further information, please call. Sincerely, MAIER STEWART AND ASSOCIATES, INC. vigfat William K. Westerberg, P.E. WKW:db Enclosures 019- 2301.oct 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612- 774 -6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612- 546 -0432 Equal Opportunity Employer D rtiF1 r' MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1992 Baldwin convened the meeting at 7:05 p.m. PRESEMT Baldwin, Gehrz,'Gibson Talbot and Jacobs. Also present were Chenoweth and Hoyt. ABSENT Ciernia. APPROVAL OF MINUTES OF 9/23/92 Council approved the Minutes of September 23, 1992 by unanimous consent. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General Disbursements through 10/7/92, $125,982.45 b. Payroll 9/16/92 9/30/91, $11,054.42 2. Appointment of Kay Z. Andrews to the Planning Commission to complete the term of Ed Finegan (term expires 12/31/92) 3. Approval of a 2.33 ft. sideyard setback request from Andrew and Carolyn Collins, 1603 Northrop, to allow construction of a two car garage 4. Authorization to purchase a rotary broom for public works tractor from Scharber and Sons at a cost of $2,725.00 5. Adoption of Resolution R -92 -40 unreserving certain fund balances (Idaho /Snelling park building reserve, $69,500.00) 6. Adoption of Resolution R -92 -41 transferring funds 7. Licenses: Northwestern Service, #0987 and Black Top Driveway, #0986 ADDENDUM TO POLICY AGENDA Council approved the addition of Item P -7, Proposal for rental of sewer jetter to the City of Lauderdale, to the Policy Agenda PUBLIC HEARING ON DELINQUENT UTILITY CHARGES Baldwin opened the hearing at 7:10 p.m. and explained the purpose MINUTES OCTOBER 14, 1992 PAGE 2 of the hearing. There being no one in attendance wishing to be heard the hearing was closed at 7:11 p.m. Gehrz moved adoption of Resolution R -92 -42 which carried unanimously. RESOLUTION R -92 -42 A RESOLUTION RELATING TO LEVYING SPECIAL ASSESSMENTS FOR DELINQUENT UTILITY CHARGES PUBLIC HEARING ON DELINQUENT DISEASED TREE REMOVAL CHARGES Baldwin opened the hearing at 7:15 p.m. and presented a brief history of the city's diseased tree removal policy and the necessity of making changes in the policy over the years. He explained that it is unknown who planted many of the trees, and some of the trees which property owners believed to be on the city boulevards actually were on private property. He commented on the confusion created by these plantings leading to the adoption of Resolution R- 85 -41. This resolution stipulated that after September 1, 1987 the city would no longer participate in any removal cost for the remaining 20 private trees which had been previously assumed to be public. Mr. Roger Pittelkow, 1853 Pascal St., was in attendance to protest the proposed assessment against his property for removal of a diseased elm tree on his property in 1991. Mr. Pittelkow had been notified to remove the diseased tree and did not, the city had the tree removed, billed the property owner and implemented the assessment procedure as the bill was not paid. Mr. Pittlekow objected to the city requesting he pay for removal as the city had paid for removal of neighboring trees in past years. Baldwin explained that the city had removed some of these trees prior to being aware of their location on private property and prior to the resolution adopted in 1985. A discussion followed regarding whether or not is was appropriate to have the Pittleklow property and five neighboring properties surveyed and the estimated cost of such surveys. Baldwin stressed that if the property is surveyed and the bulk of the tree is on city property the city would pay the cost, otherwise it would be the property owner's responsibility. There being no others in attendance wishing to be heard Baldwin closed the hearing at 7:35 p.m. Jacobs moved that the properties at 1859, 1853 and 1847 Pascal be surveyed. A discussion ensued regarding whether or not information to be obtained by surveying neighboring properties should have any impact on the Pittlekow's property and possible MINUTES OCTOBER 14, 1992 PAGE 3 unnecessary use of city funds to satisfy curiosity. Following this discussion it was agreed that the public works foreman and forester will meet with Mr. Pittelkow and attempt to locate the property stakes on the Pittelkow property to make an absolute determination on whether or not the tree is on private or public property. If the stakes cannot be located the property will be surveyed. Jacobs withdrew his motion. ADA GRIEVANCE POLICY ADOPTED Council reviewed the latest draft of the ADA grievance policy, and made some corrections. Jacobs moved adoption of the policy as corrected which carried unanimously. PROPOSED RESOLUTION R -92 -43 REQUESTING TURNBACK OF A PORTION OF SNELLING AVENUE Council briefly discussed the proposed resolution which requests that MN /DOT expedite the turnback to the city a portion of the west Snelling service road adjacent to the AMOCO station. The city' lease with AMOCO for use of the service road for site improvements is already in effect. Council approved Resolution R -92 -43 by unanimous consent. RESOLUTION R -92 -43 A RESOLUTION REQUESTING THE TURNBACK OF A PORTION OF T.H. 51 (SNELLING AVENUE) RIGHT -OF -WAY GUIDELINES FOR CITY CONTRIBUTIONS APPROVED Baldwin reviewed the proposed guidelines to be used to evaluate eligible requests for city contributions after which Council approved the same by unanimous consent. PROPOSED RESOLUTION R -92 -44 SUPPORTING A VARIANCE IN MSA RULES Hoyt explained that Ramsey County has been discussing the possible turnback of some current county roads to city jurisdiction. The proposed resolution requests that if county mileage is turned back to the city, that MSA provide the city additional mileage to assist in funding maintenace of these streets. Following a brief discussion Gehrz moved adoption of Resolution R -92 -44 which carried unanimously. RESOLUTION R -92 -44 A RESOLUTION RELATING TO MUNICIPAL STATE AID MILEAGE FOR TURNBACK OF RAMSEY COUNTY ROADS MINUTES OCTOBER 14, 1992 PAGE 4 AUTHORIZATION TO HIRE HOISINGTON KOEGLER GROUP TO REVIEW AND REVISE THE CITY'S BUSINESS ZONES IN CONJUNCTION WITH COMPREHENSIVE PLAN Hoyt explained that the city's new comprehensive plan which was prepared under the guidance of the Hoisington Group, included recommendations regarding review and possible revisions to the city's business zones. Staff recommended the hiring of the Hoisington Koegler Group to complete this task at a cost not to exceed $2,000.00. Gibson Talbot moved approval of the hiring as proposed which carried unanimously. AUTHORIZATION FOR SOLID WASTE COMMISSION TO PREPARE RFP FOR SOLE SOURCE RECYCLING Solid Waste Commissioner John Hustad reviewed the commission's recommendation that the city remain with sole source recycling rather than an integrated system, and that the commission develop the RFP for recycling services. At Baldwin's request Jacobs presented the commission's findings regarding the disadvantages of an integrated system as follows: 1) some haulers indicated they would not collect batteries and oil, 2) more traffic created by each hauler running two separate trucks on Fridays. 3) haulers made it clear there would be no reduction in fee for reyclers, 4) extremely cumbersome for staff to work with seven haulers to obtain stats as required by Ramsey County, and 5) haulers would estimate tonnage as it would be mixed with collection from other communities. Jacobs moved that the commission be authorized to prepare the RFP for Council consideration. Motion carried unanimously. UPDATE ON LEGAL COUNSEL INFORMATION Council noted the update prepared by the City Administrator. The matter will be discussed at the October 28th meeting. AUTHORIZATION TO RENT CITY'S SEWER JETTER TO LAUDERDALE Hoyt explained that the City of Lauderdale is interested in renting the sewer jetter and presented a draft proposal for the rental. This proposal would include a per hour rental fee for the machine and labor cost for one temporary Falcon Heights employee who is experienced in the use of the machine and would be working on the project. Some concern was expressed regarding MINUTES OCTOBER 14, 1992 PAGE 5 city liability and Hoyt explained that the attorney is reviewing the matter. Gibson Talbot moved approval of the proposal for sewer jetter rental contingent upon approval by the city attorney. Motion carried unanimously. ADJOURNMENT The meeting was adjourned at 8:26 p.m. Tom Baldwin, Mayor ATTEST: Shirley Chenoweth, City Clerk PUBLIC HEARING PUBLIC REARING PUBLIC BEARING PUBLIC BEARING Meeting Date: 10/28/92 Agenda Item: PH -1 CITY OF FALCON HEIGHTS PUBLIC HEARING ITEM DESCRIPTION: Continuation of hearing on proposed assessment of diseased tree removal cost (from October 14, 1992) SUBMITTED BY: Shirley Chenoweth, City Clerk EXPLANATION /SUMMARY: The hearing held on October 14th is being continued to review additional findings resulting from council's direction that city staff attempt to locate the property stakes at 1853 Pascal. This was accomplished and the staff report is attached. Staff did not attempt to locate the lot lines for the neighboring properties on Pascal as those trees were removed prior to the city becoming aware that there was a problem with location and prior to Resolution R -85 -41 terminating any city participation in removal of these trees after September 1, 1987. ATTACHMENTS: a. Administrator's letter of 10/15/92 to property owner b. Staff findings relating to property stakes /tree location October 16, 1992. c. Administrator's letter dated 10/19/92 to property owner d. Property owner's letter of 10/19/92 to administrator e. Clerk's letter dated 10/21/92 to property owner f. Proposed Resolution R -92 -46 g. Administrator's letter of 10123192 to property owner ACTION REQUESTED: Adoption of Resolution R -92 -46 PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING PUBLIC HEARING P Attachment a CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644-5050 FAX (612) 644-8675 15 October 1992 Mr. Roger Pittelkow 1853 Pascal St. Falcon Heights, MN 55113 Dear Mr. Pittelkow: I thought it would be useful to follow -up last night's council meeting Shirley Chenoweth's telephone call to you today with a written explanation of what the city staff plans to do to check the accuracy of the location of your removed tree. To guarantee the accuracy of your front property line, Mr. Vince Wright and Dr. Linda Treeful will meet you on your property and attempt to find the actual property stakes for the front of your property. If these are located, they can mark the front stakes and accurately determine your front property line. If the property stakes cannot be located, a surveyor from the city engineer's office will be asked to survey and mark the front property line to guarantee an accurate location and resolve this issue for you and the city. Once the front property line is accurately located, the city forester will use her expertise to determine whether or not the tree was located on public or private property. If the area is on private property, the city will proceed with assigning you the bill. If it is on city property, we will apologize and cover the expense of the removal. At last night's meeting you also requested that the front lot line on other properties on Pascal and Simpson be located by city staff to see if trees that were removed in the past were on public or private property. To be accurate in this measurement, it requires finding the property stakes. The public works foreman reminded me today, that although the staff occasionally locates property stakes, this is usually done for one of two reasons 1) at a property owner's request or 2) for a public improvement project that property owner's are usually aware of. Although we are occasionally asked to locate property lines to satisfy a neighbor's inquiry, the city doesn't do this without having a good reason, such as a violation of the zoning code, and without checking with the property owner. Since locating the stakes of a property usually requires digging down 6 "to 12 through the sod, it can temporarily disrupt the landscaping of HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE tale PRINTED ON RECYCLED PAPER TREE CITY UM Page 2 Mr. Roger Pittelkow 15 October 1992 the yard, and, it certainly raises questions from the property owners. It is my understanding that you are particularly curious about the two trees removed with public money in 1989 on Simpson. To be accurate in determining the location of these removed trees, the property stakes should be found rather than using a general measurement from the middle of the road. If you wish to have city staff search out these property stakes, we can do so after notifying the property owners that the city may be doing this because of a resident's request and giving them, as property owners, the opportunity to indicate if they object to this action. It may be helpful to personally explain your request to your neighbors so they understand your concern and are comfortable with the city finding the stakes for their property. In conclusion, the city will make every attempt to satisfy your question about the location of the removed tree. Thanks for your cooperation in this matter. Hopefully, it can be quickly resolved. And, your inquiry reminds us to be very careful in locating future diseased trees. S' erely, Susan Hoyt City Administrator CC: Mayor and Councilmembers Attachment b CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 October 16, 1992 TO: Susan Hoyt, City Administrator Shirley Chenoweth, City Clerk FROM: Linda Treeful, City ForesterZ r Vince Wright, Public Works Foreman RE: Pittelkow elm at 1853 Pascal On Friday, October 16, 1992 at 2 p.m., Vince, George Picka and I met Roger Pittelkow at his house at 1853 Pascal to locate the property stakes. Vince and George excavated the property stakes and placed flag markers in them. Mr. Pittelkow ran a string line between the two flags. AlthougH the elm tree cut down in 1991 was only 32.5 inches in diameter, the stump area ground out was about 6 feet in diameter. With the string set up, it was clear that the bulk of this area was on private property. Vince and George concurred. Mr. Pittelkow asked us to measure from the street, the way boundaries are routinely established to determine tree ownership. Mr. Pittelkow supplied a measuring tape and Vince and George measured the distances. Using this method, all of the ground out stump area was totally on private property. I told Mr. Pittelkow there was no question that the elm tree had been on his property. Mr. Pittelkow responded that he didn't agree. I asked him why he thought that way. I pointed out that there was nothing that could be done to be more accurate in determining where the tree had been. He said he thought maybe 40% of the tree had been on public property and 60% on his property. I told him I didn't know what percentages were involved but that the majority of the tree had clearly been on his property. I mentioned the fact that life is not fair and that many people in the city have had to pay to remove diseased elms. I photographed the flags and string marker from both directions in respect to the ground out stump area. When I left, Mr. Pittelkow thanked me and wished me a good weekend. P HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE le 44P PRINTED ON RECYCLED PAPER 1REE carv Attachment c I CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 October 19, 1992 Roger Pittelkow 1853 Pascal Falcon Heights, MN 55113 Dear Mr. Pittelkow: This is to confirm that the city's forester and public works department located your property stakes and determined that the diseased elm tree removed in 1991 was on your private property. This information will be placed on the October 28, 1992 council agenda and a copy of the agenda item will be mailed to you. Sincerely, Susan Hoyt City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE PRINTED ON RECYCLED PAPER TEE CRY ISA Attachment d MS. SUSAN HOYT CITY ADMINISTER OCT 2 1 1�g CITY OF FALCON HEIGHTS 2 2077 WEST LARPENTEUR FALCON HEIGHTS, MN. 55113 OCTOBER 19, 1992 DEAR MS. HOYT AT EXACTLY 2 :00 PM, FRIDAY OCTOBER 16, MR. VINCE WRIGHT AND HIS PARTNER ARRIVED AT MY HOME TO LOCATE THE PROPERTY STAKES. THEY WERE-COURTEOUS, FREINDLY AND KNEW WHAT THEY WERE DOING. IT'S UNFORTUNATE THAT DR. TREEFUL, IN MY OPINION. HAS NONE OF THESE ATTRIBUTES! IN ABOUT FIFTEEN MINUTES, WITH ONLY TWO HOLES DUG, THE PROPERTY STAKES WERE LOCATED AND FLAGGED. I SUGGUSTED TO DR. TREEFUL THAT I WOULD GET SOME STRING TO TIE BETWEEN THE FLAGS SO WE COULD SEE WHERE IT WENT THROUGH THE SPOT WHERE THE TREE ONCE STOOD. SHE SAID IT WASN'T NECESSARY, "THE TREE WAS DEFINITELY ON MY PROPERTY." I GOT THE STRING ANYWAY. I ALSO ASKED TO SEE HOW MEASUREMENTS WERE MADE FROM THE STREET. DR. TREEFUL SAID THAT HAD BEEN DONE AND WASN'T NECESSARY EITHER. MR. WRIGHT WAS KIND ENOUGH TO SHOW ME ANYWAY. IF THE FLAGS AND STRING HAD SHOWN THE TREE COMPLETELY ON MY PROPERTY THIS SUBJECT WOULD BE CLOSED. HOWEVER, THE PROPERTY LINE LIES VERY CLOSE TO THE CENTER OF THE SPOT IN WHICH THE TREE ONCE STOOD. MY NEXT- DOOR NEIGHBORS TREES WERE LOCATED IN THE SAME LINE AND REMOVED AT CITY EXPENCE. AS MAYOR BALDWIN SAID, "YOU CAN'T TAKE DOWN A HALF A TREE." I AM NOT ASKING FOR SPECIAL TREATMENT! I AM ASKING TO BE TREATED THE SAME WAY MY NEIGHBORS ON PASCAL AND SIMPSON HAVE BEEN TREATED. I AM SURE THEIR TREES WERE NOT ENTIRELY ON CITY PROPERTY EITHER! IF YOU, THE MAYOR, OR ANY OR ALL OF THE CITY COUNCIL WOULD,LIKE TO SEE FOR YOURSELF THE PROPERTY LINE, YOU ARE MORE THAN WELCOME. PLEASE DON'T MAKE -UP YOUR MIND BEFORE YOU GET HERE, LIKE DR. TREEFUL DID. SIN RELY, ROGER P I TTELKOW Attachment e CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 October 21, 1992 Mr. Roger Pittelkow 1853 Pascal Falcon Heights, MN 55113 Dear Mr. Pittelkow: This is to confirm that the hearing on the proposed assessment for removal of the diseased elm tree from your property in the summer of 1991 will be continued at the October 28, 1992 council meeting as you were informed in our letter of October 19th. This hearing was originally conducted on October 14, 1992 and will be continued on or about 7:00 p.m., Wednesday, October 28, 1992 in the city hall council chambers. You will again have an opportunity to be heard before the council takes action on the proposed assessment. For your convenience, we are enclosing a copy of your original hearing notice which explains the assessment procedure. Singer ly, Shirley Ghenoweth City Clerk SC:p enclosure HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE 4 PRINTED ON RECYCLED PAPER TREE cm'w MMEMMIIMMEMEMMEMOr NOTICE OF HEARING ON PROPOSED ASSESSMENT 1992 DELINQUENT DISEASED TREE REMOVAL CHARGE TO WHOM IT MAY CONCERN: Notice is hereby given that the city council of the City of Falcon Heights, Minnesota, will meet in the city council chambers of the Falcon Heights city hall, 2077 W. Larpenteur Avenue at 7:15 p.m. on October 14, 1992, to pass upon the proposed assessment for the 1992 delinquent tree removal charges on certain land within the City of Falcon Heights. The proposed assessment is on file for public inspection at the office of the city clerk. Written or oral objections will be considered at the hearing. The total cost of the proposed assessment is $650.00. Following the hearing, the council will decide whether any adjustments in the roll are necessary and will, by resolution, adopt the roll. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at anytime thereafter pay to the Ramsey County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the next succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 8 percent per year. THIS IS THE ONLY NOTICE YOU WILL RECEIVE FOR THIS ASSESSMENT. YOU WILL NOT BE BILLED. You may appeal any assessment to the district court pursuant to Minnesota statutes §429.081 by serving notice of the appeal upon the mayor or the city clerk within 30 days after the adoption of the assessment roll and filing such notice with the clerk of district court within 10 days after service upon the mayor or city clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the city clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Shirley Chenoweth at 644 -5050 no later than October 7, 1992 ,4 Dated: September 28, 1992 Shirley Ch: noweh, City Cler PLEASE RETURN THIS PORTION WITH PAYMENT 1992 DELINQUENT DISEASED TREE REMOVAL CHARGE do Amount l0 Jed Property Location f g.--� 1h1 5 A 3 -3 al -0 J /5 Attachment g CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 23 October 1992 Mr. Roger Pittelkow 1853 Pascal St. Falcon Heights, MN 55113 Dear. Mr. Pittelkow: Dr. Treeful explained to me the location of the property line and the determination that the tree was in the private portion of the property. I'm sorry that you do not agree with this determination and that you found Dr. Treeful unpleasant to deal with. I visited the property with Mr. Wright. I have no reason to question Mr. Wright's or Dr. Treeful's conclusions regarding the prior location of the tree trunk. She is also the person who is trained in tree growth, tree disease, tree removal and evidence of removed trees. The city's policy about tree removal on private property was not developed until 1985. As I understand it, this was after the neighbors' trees were removed at public expense. Current policies cannot change past actions. As you know, this will be an agenda item on October 28. Sincerely, Susan Hoyt City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE e 4# PRINTED ON RECYCLED PAPER mmanm III Meeting Date: 10/28/92 Agenda Item: C -1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Disbursements SUBMITTED BY: Tom Kelly, City Accountant i EXPLANATION /SUMMARY: a. General Disbursements through 10/21/92, $41,396.23 b. Payroll, 10/01/92 10/15/92 $11,295.34 ACTION REQUESTED: Approval Attachment f No. R-92;46 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date: 10/28/92 A RESOLUTION RELATING TO LEVYING SPECIAL ASSESSMENTS FOR DELINQUENT DISEASED TREE REMOVAL CHARGES BE IT HEREBY RESOLVED by the city council of the City of Falcon Heights, Ramsey County, Minnesota as follows: 1. It is hereby determined that there is a delinquent diseased tree removal charge against the property hereinafter set forth, in the amount set forth opposite the description of such property; 2. A special assessment in the amount hereinafter set forth is hereby levied against such tracts, with an interest rate of eight percent annually; 3. A total amount of such special assessment, shall be payable with the 1992 real estate taxes due and payable during 1993; 4. The clerk shall forthwith transmit a certified copy of the assessment to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over into the same manner as other municipal taxes; 5. Tract of land and the amount of such special assessment is as follows: AMOUNT OWED NAME AND ADDRESS PIN $650.00 Roger A. Cheryl L. Pittelkow 15- 29- 23 -32- 0100 -04 1853 Pascal St. N. E 1/2 of vac alley adj. and Lot 2, Block 1, Falcon Heights Addition 6. The delinquent diseased tree assessment roll total is $650. Moved by Approved by Mayor BALDWIN October 28 1992 CIERNIA In Favor Date GEHRZ JACOBS Against Attested by GIBSON TALBOT City Clerk October 2 1992 Date CHECK DATE 10/21792 TO 10/21/92 PAGE 1 SYSTEM DENTE 10/21/92 TIME 10 :28 C H E C K R E G I S T E R 'RANK r:HECK VENDOR NAME__---- _CHECK. CHECK DATE NUMBER NUMBER AMOUNT 1 y 1 01 10 21 92 128 AT &T CREDIT CORPORATION 27312 R 23.89 10 21 92 129 AT&T 27313 R 26. 06 1 !")x.1. 92_ 135 ABLE DSE__ &__RUBBER. J NC. x-'7 14 R- 33. 83_ 10 21 92 `x) AMERICAN LINEN SUPPLY GO. 7x15 R 36.41 3. 1L.) 21 92 8100 BROWNING- FERRIS IND. ...7316 R 1,.38.45 3 10 '1 9P R2O_.BUSINESS___RECORDS: CORP 57317 R_ )4C) c��)� r 10 21 92 r-358 ERIK LOVDAHL 27318 R 5.00 10 21 92 3500 D. C. HEY COMPANY 27319 R �4. 95 4 ;�)6 F►1LCON E) Et- :T#IC 7 '2ff R__. c4 q iI 10 21 92 5031 FOCUS NEWSPAPERS 27321 R 65 28 :4; 10 21 92 5135 HARVEST STATES COOP. 27322 R 22. 04 1.0__21 ;3____,5174___H_ ONEY WELL.. ROTECTION__SERV_ ___;.:-.7.23 _R___ 75.S)C� 10 21 92 52 I CM r A RETIREMENT TRUST 45 27,34 R 50. 00 10 21 92 5220 I I MC 27325 R 80.00 r a GENE :EN HIC ;cn GEP 1E S OTT 7 10 21 92 5363 KEHOE OFFICE FURNISHINGS 273:7 R 56.75 'v: 10 21 92 5390 KONICr' BUSINESS MACHINES 27328 R 1176.68' 10 _21. 925403 DAV: D__W. KRIEGEL 5 INC. It+#C.._ ____.._..___22329 R 6__._ 10 21 32 5496 L Z CO., INC. 27330 R 39. 34 10 :�..1 '3:: �b685 MIDWEST BUSINESS PRODUCTS 27331 R 300.22 1 2 1 9,.: 5718 _STATE Ok_ MINNESO `CA`_,__- ____________27332._R._ 31. 5_ 10 92 5796 MINNESOTA S CATE TREASURER 27333 R 871.63 27334 R 2 0 1 21 92 5870 NSP 814. �L 1 0_ _21 -92 5970 _NORTH STHR.STATE__BANK_� _27335 2861_..79 10 21 92 6074 PE RA 2733.6 R 1124. 84 10 21 92 6160 RSVP 27337 R 7.40 c 1 FMS t;.t -.2.1 �!2_ 6175_...RAI�SEY 1. a.7-33-8---R �7�; yC y 31 I 0 21 9 6176 76 CITY OF SAINT PAUL 27339 R 250.00 `32 10 21 92 618E RAMSEY COUNTY 27340 R 1 4X7.;76 X22 3i_ 1. 9:� 62990 r3. TY_..OE_.ROSEVILLE _273.41 606.'00 -A 10 21 92 6386 S S TREE SPECIALISTS IN 27342 R 6267.9E 35 10 21 92 6415 SCHARBER SONS 27343 R 595. 56 10 1 q2 433 SEN61 BLE_L iND___U. E COAL I T. 2 ±t R ;may. r 10 2 1 92 6475 STATE CHEMICAL MANU. 345 R 179.94 ,23 1 0 2 1 92 6582 LINDA T REEFUL 27 27 c r s46 R 7. 58 1 _;:1 92 6625 I. B ._._SCH.I FSKY SONS 27.347 R 6 10 21 92 693.7 UNIVERSITY OF MINNESOTA 27348 R 20. 00 10 21 92 6945 USWEST COMMUNICATIONS 27349 R 398.01 as *TOTAL_FE.GULRR_._CHECKS 41396.x_ *TOTr1L MANUAL CHECKS 00 *TOTAL VOIDED CHECKS*** 0 n�.____ *6RHC` {D ion; Ls****** 4.k.. d r PERIOD END DATE 10/15/92 **FILE NOT UPDATED** PAGE 1 i SYSTEM DATE 10/14/92 r�! C H E C K R E G I S T E R CHECK CHECK EMPLOYEE NAME CHECK CHECK 1 TYPE DATE NUMBER NUr4BER AMOUNT 0 10 14 92 31 BERNDT, ROSS 20690 64.88 IR, 0 10 14 92 32 BROWN, RAYMOND 20691 226. 25 92 38 M---, JAY 2069" 108. 59 0 10 14 92 40 ANDERSON, KEVIN 20697 73. 55 92 ----'_---41-BIANCHI DAVID |P 20698 ---14"{0 0 14 92 42 CLARK IN, MICHAEL D. 20699 110. 50 ,s 0 10 14 92 43 DOW, MICHAEL J 20700 87. 10 0-- -10-14-92 45 FULLER,-JAMES B�— --20.01----82.13 0 10 14 92 47 HEROLD, NATHANIEL 20702 137. 98 L: 0' 10 14 92 48 HOLMGREN, JOHN H. 20703 73. 30 4 92'--------49 --_20704-----48. 88 cc 0 10 14 92 50 MARTINEZ, JOSEPH L. 20705 56.91 0 10 14 92 51 McDER�OND CINDY K 20706 41 13 K. V----�0-14-92--'----� 52-McNABB/-GERALD 20707 ---7.00 cz z U 10 14 92 53 McNABB, KEVIN 20708 29. 32 z+ 0 10 14 92 55 OLSON, JOSEPH E. 20709 56. 00 1 _92_�-_---56 -PETERSQN GREGORY-S.-----'-2071O '-249"-81--- i_'��'� 0 10 14 92 57 SCHAEFER, RICHAR D 20711 14.00 0 10 14 92 58 STOLZ, STEVEN P. 20712 30.19 [c 0 10 14 92 61 DENNIS LEMAY 207 1 76 -2 0 10 14 92 1003 IVERS01‘1, TERRY 2 159= 07 0 10 14 92 1005 KR1EGLER, CAROL 20722 320. 39 1 I 0 10 14 92 1006 MORGAN, JAY 20723 819. 78 1 27. 0 10 14 92 1008 SWENSON, DELOR1S 2072,1 640. .5 3'S 0 10 14 92 1009 WRIGHT, VINCENT 20726 841.0.? LINDA 20728 1421 0 10 14 92 1033 TRETSVEN, DAVE 20729 161. 67 I 43 ****TOTALS**** 11295.34 o 161 'z| s/ 57 s� vonse en Meeting Date: 10/28/92 Agenda Item: C -2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Appointment of Lisa Jo Lampi and Paul F. Kuettel to the Planning Commission SUBMITTED BY: Mayor Tom Baldwin EXPLANATION /SUMMARY: Lisa Jo Lampi, 1744 Arona and Paul Kuettel, 1879 Simpson have made application to serve as planning commissioners. Ms. Lampi will complete the term vacated by the resignation of Marie Furton. Mr. Kuettel will become the eighth member of the commission (the commission may have up to nine members) in anticipation of a heavy work load and in preparation for the expiration of two terms on December 31, 1992. ATTACHMENTS: a. Application from Ms. Lampi b. Application from Mr. Kuettel ACTION REQUESTED: Approval FALCON HEIGHTS COMMISSION /COUNCIL APPLICATION DATE NAME: L/3/1 -So C ,4}y✓1 ADDRESS: L ig Av2n PHONE CO 3 `4 9 HOW LONG AT ABOVE ADDRESS? YEARS IN WHAT CAPACITY DO YOU WISH TO SERVE? pwit i5SI 6R Cc)►M rn► SSiorJ REASON YOU WISH TO ON ABOVE: PRIOR PUBLIC (OR RELATED) SERVICE: �A. C- U� (��ti e OTHER RELEVANT BACKGROUND (OR COS): L 1 C 5E C� ATTACH ADDITIONAL INFORMATIONIRESUME. FALCON HEIGHTS COMMISSION APPLICATION 19 October 1992 Paul Francis Kuettel 1879 Simpson Street (since 4/88) 646 -7099 Appointment Sought: Planning Commission Reason: To serve my city by participating in the decision making process in an area that particularly interests me. To have some influence in preserving and enhancing the characteristics that make Falcon Heights such a unique community. Prior Public Service: None. Member of Citizens League for many years. Through my professional work, have gained experience working with municipalities such as Redwood Falls and Cumberland, WI.; Underwriters such as Juran and Moody, Miller and Schroeder, Dougherty Dawkins; Commercial and Civic Organizations such as the St. Paul and Minneapolis Chambers of Commerce, Citizens League, Insurance Federation of Minnesota, Minnesota Grocers Association. Personal Background: Born 1956 and spent life until 1988 in St. Paul. Finally took flight to the distant suburbs. Earned BA. in Business Administration, Summa Cum Laude from College of St. Thomas in 3 years (minor in Journalism). Did some MBA work at U of M but went into business for myself in 1979. Have since been principal of Access Data, Inc., a computer consulting business. Other: Wife, Laura, boys aged 2 and 5, girl aged 3- months. Plan to live here until children grow up and leave, or I die trying to get them to leave, or I win the Lottery, whichever comes first. oft. till:OW*0kt Meeting Date: 10/28/92 Agenda Item: C -3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Proposed Resolution R -92 -45 amending the city code relating to Chapter 5, Part 14, Fee Schedules SUBMITTED BY: Tom Kelly, City Accountant EXPLANATION /SUMMARY: During the 1993 budget planning workshops it was deemed necessary to adjust some of the city's fees for the year 1993. City code provides that the fee section of the code may be amended by resolution and the attached resolution reflects the proposed changes. Changes are underlined. ACTION REQUESTED: Adoption of Resolution R -92 -45 �:;:ii >i: <<y �5::::�:2:�;:::��:f'� �`.��:r5 >'rr:� �;r'�: ::;2{ �::�si:::: >:�j;:'.��; �::'?::::2: ��s�:?�� e t o e t Consent Conse t Consent Consent Consent once t No. R -92 -45 CITY OF FALCON HEIGHTS C O U N C I L R E S O L U T I O N Date: 10/28/92 A RESOLUTION AMENDING PORTIONS OF CHAPTER 5, PART 14 OF THE CITY CODE RELATING TO LICENSE, PERMITS AND OTHER FEES WHEREAS, the Falcon Heights city staff researched the present fees and charges together with related costs; and WHEREAS, the city council has reviewed and discussed the information; and WHEREAS, the city council determined that the present fees and charges are not equitable with the costs incurred, and that some changes are required; NOW THEREFORE, BE IT RESOLVED, by the city council that portions of Chapter 5, Part 14 of the city code be amended to reflect newly established fees and charges as attached. Moved by Approved by Mayor BALDWIN October 28, 1992 CIERNIA In Favor Date GEHRZ JACOBS Against GIBSON TALBOT Attested by City Clerk October 28, 1992 SECTION 5. LICENSE, PERMIT AND OTHER FEES 5- 14.01. Fees. The following fees are to be included in the city's license and fee schedule. The city council shall, by resolution, establish and revise license, permit and other fees. A. Business Licenses. Fees for business licenses are as follows: Fee Item 300.00 Bottle Club 180.00 Bowling Alley $40.00 35.00 Cigarette $30.00 42.00 Contractors Filling Stations 100.00 Basic 400.00 for 15 -20 hours 500.00 for 20+ hours $800 795.00 Game Arcades /Pool Halls $50.00 35.00 General Business 4,000.00 Liquor 200.00 Sunday Liquor 150.00 Liquor Store, Off -Sale 25.00 Liquor Special Event, Consumption and Display Only 150.00 Malt Beverage, Off -Sale 500.00 Malt Beverage, On -Sale 1.00 Malt Beverage, On -Sale with wine license 35.00 Peddlers and Solicitors 70.00 Refuse Haulers Restaurants $100.0040.00 Basic 400.00 If over 15 -20 hours 500.00 If over 20 hours $30.00 ea. Video games and pool tables 2,000.00 Wine B. Permit Fees. 1. Building Permit fees are as adopted under the Uniform Building Code. 2. Relocation of Structure or Building. Fee $150.00 3. Demolition or Removal of Structure or Building. Fee $1.25/1,000 cu. ft. Minimum of $50.00 4. Mechanical Permit Fees. Fee Item $25.00 1. Basic 5.00 2. Each appliance. (machine, device, heater, range, refrigerator, gas dryer, gas stove, gas hot water heater or other appliance) requiring the use of manufactured gas, natural gas or liquid petroleum gas 10.00 3. Gas Piping. $500 valuation or less (repair or installation) 4.00 Each additional $500 cost of repair or installation 4. Gas Burners or Gas Burner Equipment or Oil Burning Furnace or Boilers 20.00 First 200,000 BTU input or less 3.00 Each additional 1,000 input or fraction thereof 175.00 Maximum fee for each unit 5. Steam, Water, Air or Hot Water Heating System. 25.00 First 200,000 BYU input for construction of alteration or any warm air furnace duct work 4.00 Each additional 100,000 BTU input or fraction 25.00 First 200,000 BTU input per unit for construction of alteration or any warm air furnace duct work 4.00 Each additional 100,000 BTU input or fraction 25.00 First 200,000 BTU input per unit for installation or replacement of each steam or hot water system 4.00 Each additional 100,000 BTU's or fraction thereof (240 x EDR BTU's /hr) 15.00 Per unit on unit heaters, based on first 100,000 BTU input 3.00 Each additional 100,000 BTU input or fraction thereof 6. Incinerators 15.00 Installation or repair of each domestic incinerator 50.00 Installation or repair of each commercial incinerator 7. Air Conditioning and Refrigerator Work 20.00 First 5 tons of any air conditioning or refrigeration project (60,000 BTU's) 3.00 Each additional ton or fraction thereof (12,000 BTU's) 175.00 Maximum fee per unit 25.00 First 5 tons (60,000 BTU's) of cooling for duct work for air conditioning 3.00 Each ton (12,000 BTU's or fraction thereof over first 5 tons for duct work for air conditioning 8. Ventilating Systems 25.00 First 2,000 CFM per unit 5.00 Each additional 1,000 CFM or fraction thereof per unit 5.00 Each bathroom exhaust fan in a multiple dwelling 9. Solar Heating 25.00 Each installation 5. Plumbing Permit Fees 25.00 Basic 7.00 Per fixture 6. Sewer Connection or Repair 25.00 7. Water Connections 62.00 3/4" 115.00 1" 265.00 1 -1/2" 470.00 2" 1,080.00 3" C. Planning Fees 500.00 Comp Plan Amendment 165.00 Conditional Use Permit $250.00 150.00 Lot Split $500.00 300.00 P.U.D. $500.00 300.00 Re- zoning 300.00 Subdivision (more than one new lot) $50.00 45.00 Variance D. Facility Rental Fees. Private use of public facilities is permitted on a space available basis. Reservations are required and security deposits may be required for private use of the following community facilities: 1. Park Facilities a. Seasonal Use, Field Rental (one day /week) Fee Item $100.00 $150.00 Commuity Park (includes access to bathrooms) $50.00 80.00 Curtiss Field $50.00 80.00 University Grove b. Occasional Use (field rental each time) Fee Item 20.00 w /bathroom $10.00 no. b.r. (Comm. Park) $15.00 10.00 w /bathroom 10.00 no b.r. (Curtiss Field) $15.00 10.00 for University Grove park 2. Park Buildings a. Community Park Fee Item $50.00 per shift or portion of a shift (two rental shifts available daily.(8 A.M. to 3 P.M. and 4 P.M. to 10 P.M.) plus any set -up cost if set up is requested. 30.00 for two hours or less when building use is limited to multi purpose space (kitchen use is limited to coffee pot and /or refrigerator) b. Curtiss Field Building Fee $20.00 1. Deposit Fee $100.00 deposit required for any use when a key to the building is requested c. City Hall Facilities Fee $30 /first 2 hours $20 each additional hour $35 set up $5 kitchen $25 conference room E. Facility Use by Municipal or Public Service Organizations Public use of public facilities is permitted on a reservation basis. Public service organizations such as the following shall be allowed free use of public facilities: League of Women Voters Senior Citizens Ramsey County League of Local Governments League of MN Cities /AMM Watershed Management Organizations Scouts, Brownie Troups 4 -H Neighborhood Groups (such as Grove Assoc., etc.) 55 Alive Mature Driving Class Cable Commission Developers when presenting to neighbors /residents Legislators (town hall meetings, etc.) Youth Service Bureau Roseville Area Schools will be charged their own prevailing rates for use of city facilities. F. Utility Fees 1. Utility Charge Statements. Statements for utility charges for the preceding quarterly period shall be mailed to each customer on the 20th day of December, March, June and September. Payments are due and payable on or before the last day of business of January, April, July and October. 2. Penalty for Late Payment. Each quarterly billing for utility fees not paid when due shall incur a penalty charge of ten percent (10 on any unpaid balance. No penalty will be abated by the city council. 3. Special Assessments. All such fees which are not paid by due date shall be in default and the council may, in addition to other remedies, annually levy an assessment for any unpaid fees against each parcel of land serviced for which the fee is unpaid and in default. Any such assessment will include the penalties. Such assessment will be certified to the auditor of Ramsey County and collected and remitted to the city in the same manner as the assessments for local improvements. Pw a. Sanitary Sewer. Fee Item 27.00 Single Family Residential 27.00 Apartments per unit Commercial and Industrial 27.00 minimum .007822 3,452 gallons and over b. Storm Drainage Fee Item $3.25/lot Single family and duplex 16.25 /acre Schools and institutions 32.50 /acre Multiple family residential, churches government buildings 65.00 /acre Commercial 3.25 /acre Golf courses and open undeveloped areas c. Recycling Fees The owners of all residential property shall pay a fee for the collection and disposal of solid waste (including recyclable materials). Fee Item $4.60 Per housing unit including apartments G. Miscellaneous Fees Fee Item $15.00 /yr. Agendas $20.00 16.00 Assessment search 10.00 Dog Licenses (lifetime of dog) 2.50 Duplicate Dog license 35.00 /unit /year Multi -unit residence inspection $6.50 5.50 maps 25.00 Open burning permit (no charge for recreational fires) .30 /ea. Xerox copies e 1- t-' e‘ \1(1 k I 4,\ 1 '1 i t '1 t -.1 V- 4 I H. False Alarm Fees a. Fire False Alarms $175.00$150.00 for second false alarm and $225.00$200.00 for the third and all subsequent false alarms at an address within one calendar year. b. Security False Alarms $35.00 $25.00 for second call and $60.00 $50.00 for the third and each subsequent false alarm at an address within a calendar year. I. Parking Fees Fees Item $1.00 /vehicle Temporary parking permit (up to 3 weeks) $5.00 /event Temporary parking permit for 5 or more vehicles for a one -time, one -day event 100.00 Filing fee for residential permit parking Annual residential parking permit 10.00 ea. First two vehicles 20.00 Third and subsequent vehicles 5.00 Lost permit replacement Meeting Date: 28 October 1992 Agenda Item: C CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for a variance of four feet in the sideyard setback of section 9 -2.04 [1](c) of the zoning code SUBMITTED BY: Mr. William Huebsch REVIEWED BY: Planning Commission Susan Hoyt, City Administrator acting as planner EXPLANATION /SUMMARY: Mr. Huebsch is requesting a variance in the sideyard setback to construct a garage one foot from the property line. He received a variance to construct a garage three feet from the property line in 1983. However, the request will give him a 2 foot larger strip of yard and garden space or 66 square feet. Landscaped area is valuable space in an urban, residential neighborhood with 50 foot lots. The planning commission reviews the proposal on Monday, October 26, 1992. ATTACHMENTS: A Planning report B Site Plan e ACTION REQUESTED: Approve the variance of two feet unless the neighbor rejects or planning commission sites other reasons for denial. t Consent Co sec arse Consent Consent t nse PLANNING COMMISSION AGENDA ITEM 1 Item: Request for a variance of four feet in the sideyard setback of section 9 2.04 [1] (c) at 1494 Iowa Street Submitted by: Mr. William L. Huebsch, Property Owner Reviewed by: Susan Hoyt, City Administrator acting as planner Summary: Background In 1983 Mr. Huebsch was granted a variance of 2 feet in the west sideyard setback, to construct a garage 3 feet from the westside property line. However, the garage was never constructed. When Mr. 'Huebsch came in to get the building permit this fall, he inquired about the possibility of moving the garage even closer than the three feet to the side lot line because the code now allows garages to be constructed within one foot of the side lot line if it meets the following two conditions: 1) It is within the rear 20% of the lot 2) The access door faces away from the alley Mr. Huebsch's proposed garage does not meet these requirements, but he would still like to keep the eave of the new garage one foot from the side lot line. Purpose Mr. Huebsch is making the request for the additional two feet in order to maintain the maximum landscaped yard on a fifty foot wide lot. The closer the garage is to the side lot line, the larger the landscaped area will remain in his yard. There is a garden and lawn to the east of the proposed garage. There is also a tree to the northeast of the existing garage which may be more likely to live if the garage is two feet to the west because fewer roots will be disturbed. However, there is no guarantee the tree can be saved under either alternative. Finally, he is making the request because the location of the new garage will parallel the neighbor's garage, which was built in the past few years. The area between the two garages is not used. Analysis The proposal to move the eave of the new garage within one foot of the side lot line instead of the previously granted variance for three feet will provide Mr. Huebsch with a two foot strip (66 square feet) of additional green space and garden. This type of space is a valuable commodity in an urban residential neighborhood and the city's zoning code tries to balance the need for larger garages with the need for maintaining open space. In this situation,the neighbors' garage will be parallel to the applicant's garage and the space in- between the two garages (6 feet without the new variance and four feet with it) is not useful. The neighbor's view is not impacted by the proposed new location. To date the neighbor has not contacted the city about the proposal. Mr. Huebsch plans to speak to the neighbors before the commission meeting. The only concern about this proposal from the staff perspective is future maintenance on the two adjacent garages. However, since city code accommodates garages one foot from the side lot line in the rear 20% of the property, which means the eaves of two neighboring garages could be two feet from each other, maintenance should not be a reason to deny this request. Recommendation Staff recommends granting this variance if the neighbors' do not express an objection. The reason for granting the variance is to allow the property owner the additional 66 square feet of landscaped and open area for the maximum enjoyment of property rights (condition c). This recommendation is contingent upon the argument that the neighbors' garage is parallel to this garage and it will not impair the neighboring property owners' view. The request meets all the other conditions for granting a variance. ATTACHMENTS 1. Site plan 2. Request from Mr. Huebsch 3. Conditions for granting a variance B. L Jot iii„.,2 1 1 I \i I 0 K--. I 6 1 yes& 7,Z` 6ig Ycze ■,...■••••011. 1 1 I I 1 I f 1 z o .A---› <--3--> I e, r! .1 1 It cid 0 '7( i lf I (6. a 0 4 )r--) I ..1 14-1-.• 1 1 i. .r I y t.... 1 A ,vei 6,..??.,:./c... 7 lb "70_: 1 T'Vee, 6/ ;11 /.4- 9 -rs 40, •••,,.ev.z. I .1 2... 5 r P a k i-. r 1 7;G7, I;: :i r Jo •i, _H 1, 1-104.1 C,.. t. I Meeting Date: 28 October 1992 Agenda Item: C CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request to Ramsey County for a temporary traffic signal at Fairview and Larpenteur Avenues SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: EXPLANATION /SUMMARY: Over the past three weeks there have been three accidents at the intersection of Fairview and Larpenteur Avenues. The county identified this location for a traffic signal as part of the Larpenteur Avenue reconstruction project. However, Fairview's traffic volumes are even higher since it was designated as a detour for the Cleveland Avenue project. Therefore, a more immediate solution is necessary which is installing a temporary traffic signal, possibly to be preceded with a three -way stop arrangement. ATTACHMENTS: A Letter from administrator, dated 21 October 1992 1 ACTION REQUESTED: Request Ramsey County to install a temporary traffic signal at the Fairview and Larpenteur intersection, possibly being preceded by a three -way stop arrangement for safety reasons. ent Consent a t Consent Consent Consent Co a Consent A CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 21 October 1992 Mr. Paul Kirkwold, County Engineer Ramsey County Public Works 50 W. Kellogg Blvd. Suite 910 St. Paul, MN 55102 ATTN: Mr. Dan Soler, Traffic Engineer Dear Paul: The City of Falcon Heights is requesting that a temporary signal be located at the intersection of Fairview and Larpenteur Avenues as a safety measure. Prior to the installation of a traffic signal, a three way stop may be necessary to assure safety during this transition time. Let me explain why the city is making this request. As your staff knows, the Fairview and Larpenteur intersection has been identified for traffic signals due to traffic volumes and accident records. The county is scheduling this installation as part of the reconstruction of Larpenteur Avenue. To date, the city concurred with that plan. However, recent events make it necessary for more traffic control at this intersection. The reconstruction of Cleveland Avenue is redirecting traffic onto Fairview as an established detour. This causes more traffic at an already busy intersection. It also creates more possibilities for accidents. There have been three accidents at this intersection in the last three weeks on October 1, October 8 and October 19. Thank you for your prompt consideration of this request. If you have any questions or need additional information, please call me. Sincerely, rf i• 1 Susan Hoyt City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE 414 PRINTED ON RECYCLED PAPER [`T mE O COMPLAINT Date: l 0 4 4a i) fi First Re er: qiiir l' 6� Topic: 1 Nuisance /Parking /Zoning /Other t tt RECEIVED FROM: Name: U 0 Address: Phone: (h) (w) Letter XPhone Walk -in COMMENTS OR COMPLAINT 1 L' t r i t' t li),Ii,-e-tzt f l At c sx y-- A Ltu� ,a jt, G� J ,n„.,,,,,,,,,,,,,,,,e4,}1 1 11.1- �1. j'� 1 4 c ttittli-, \JI r _1 if i i z t_w. n t4, tatwiet4i 414 ayi\kt ita, -ZA-1.- k,‘ ?-6- 14 a C /1 I t e,_ 4--'i 1 vZ'1 t i; A.A.../ f M CI 6 STAFF ACTION TAKEN /FOLLOW -UP: Date: Initial: ATTACH ALL RELATED CORRESPONDENCE, ETC. Meeting Date: 10/28/92 Agenda Item: C -6 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Licenses SUBMITTED BY: Shirley Chenoweth CORPORATE: Conklin Tree Farms (Christmas trees) #0988 GENERAL CONTRACTOR M M Signs #0989 Independent Fire Protection, Inc. #0990 ACTION REQUESTED: Approval .:o n nse t s Consent C Consent Meeting Date: 10/28/92 Agenda Item: C -7 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Cancellation of November 11, 1992 council meeting SUBMITTED BY: Shirley Chenoweth, City Clerk EXPLANATION /SUMMARY: The regular council meeting scheduled for November llth falls on Veteran's Day, a mandatory legal holiday. It is therefore necessary to cancel the meeting. ACTION REQUESTED: Approval v.. a Consent Con sent Meeting Date: 10/28/92 Agenda Item: P -1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Update on Capitol Community Services PRESENTED BY: Ms. Patrice V. Nerad, Community Relations Manager, Capitol Community Services EXPLANATION /SUMMARY: Ms. Nerad will present a brief update on the services provided by Capitol Community Services. :::i:2::2i::::2 ..;.y: :i:::j:::Y :::i:: a i::::i:::: i'.:: .;k:r ::;::y:j:::' i :j::::::? :iiii2't2t't4 >::'•:::::2:' iii:::::`;: r cY; Meeting Date: 28 October 1992 Agenda Item: P -2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Lutheran Social Services Share -A -Home SUBMITTED BY: Mr. Tim Hammond, Lutheran Social Services REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: Description Mr. Tim Hammond of Lutheran Social Services is requesting funds for the Share -A -Home program which places live -in persons in the homes of older and disabled individuals to help them live an independent life. Criteria 1. The project is an intergovernmental project although only two of the cities approached have committed funds to date. 2. The contribution of $1,000 is not proportional to the city's population. Mr. Hammond is aware of this, but said he wanted to start with this figure. Maplewood (31,000) donated $3,000 ($.10 /person) and Vadnais Heights (11,041) donated $200 ($.02 /person) and agreed to publicize the request. Roseville is considering $4,000 ($.12 /person) in a future budget. Falcon Heights' donation at $.10 /person would be $538.00. $538.00. 3. It is an on -going program. The city has contributed in the past (1986 $670; $497 in 1987; $504 in 1989). 4. The city cannot do this independently. 5. It meets the health, safety and welfare requirements. Other comments: 1. There is no money budgeted for this contribution. Council should determine if a contribution is made that it come from the 1992 or the 1993 contingency fund. 2. Mr. Hammond asked that the city publicize the program in its newsletter. ATTACHMENTS: 4711 A Guidelines for Contributions B Letter from Mr. Hammond dated 14 September 1992 and October 20, 1992 ACTION REQUESTED: Discuss and respond to request for a contribution to Lutheran Social Services Share -A -Home Program. CITY OF FALCON HEIGHTS Guidelines for Contributions The following guidelines were adopted by the city council on October 14, 1992 to evaluate eligible requests for funding. Guidelines: 1. Must be an intergovernmental service or project. 2. Contribution to be proportional to population. 3. Must be ongoing or be part of an ongoing effort with established goals and measurable results. 4. Must be something the city cannot accomplish by itself. 5. Must meet the legal requirements of promoting and ensuring the health, safety and welfare of Falcon Heights citizens. Staff will ask: 1. Does the project meet the criteria? 2. Is the city being asked for an ongoing donation? 3. Can the city offer some staff time and /or materials in lieu of a direct financial contribution? Procedures: 1. All persons requesting funds will be told about the criteria. They will also be told that the item is not in the city's budget and that any funds must come from elsewhere in the budget. 2. All requests will be on the council agenda. 3. Staff will inform those who do not meet the guidelines. These will appear on the agenda as administrative denials unless the party requesting the funding asks to be on the regular policy agenda. 4. All requests that meet the guidelines will be placed on the council agenda for consideration with as much information as possible including how many unbudgeted dollars for contributions allocated to date. RI 4 0 L utheran Social Service P3 H[kg September 11, 1992 Ms. Susan Hoyt City Manager City of Falcon Heights ��P 4 �9�2 2077 Larpenteur Avenue West Falcon Heights, Minnesota 55113 Dear Ms. Hoyt: An article in the St. Paul Pioneer Press detailed the significant presence as well as increase in numbers of older persons residing in the Twin Cities suburbans. (Copy of "'Graying of suburbs' to METRO EAST REGION Generate Problems" enclosed.) The need for communities such as 1299 ARCADE yours to respond to the growing problems of this population was ST PAUL MN 55106 (612) 774 -9507 noted. In this regard, I ask the City of Falcon Heights consider anew support of the Lutheran Social Service share -A -Home program in 1993. Share -A -Home places live -in persons in the homes of older and disabled individuals to help them continue the preferred independent living they can afford in your community. The program is instrumental in avoiding unnecessary institutional placement which is expensive for older and disabled adults as well as taxpayers alike. The program is currently in the second of a two -year cycle of major funding from the Minnesota Housing Finance Agency (MHFA). However, while MHFA has funded LSS Share -A -Home for a 24 month period, we must still secure support to supplement these dollars and service fees. As Share -A -Home continues to demonstrate significant financial savings, LSS is confident the State of Minnesota will further realize the cost effectiveness of this approach in caring for people. Greater funding might then be allocated which will decrease the need for further supplemental funding. Past financial support from the City of Falcon Heights has been much appreciated and I thank you for your consideration of renewed support. I will contact you in the near future to discuss our request further and answer any questions. Sincerely, ...serving all Minnesotans Tim Hammond LSS Share -A -Home Enclosures o f suburbs to genera KAY HARVEY STAFF WRITER jus don't have everything from 'bus serv to housekeeping help" •'to one -level housing `units in a land of split-levels.' Scrap the stereotype of the senior citizen as a little old lady living alone on public Suburbanites now account for almost two thirds assistance in a city high -rise. the .metro areas 304,358 elderly. That is a su bs t of an There's anew breed of elderly Twin Citians who tial increase over 1980, when only half of residents have reached the age of 60 or' more while livi ng over age 60 lived outside Minneapolis and St. Paul. ,quietly in their suburban communities. And as they Suburban elders,typic_allyhave aystrong sense of continue to age, this "graying of .the suburbs >.will community, said Houston;''a Metropolitan generate a set of problems all its own. Co planner who prepared the report. A new Metropolitan Council studyy shows the sub- urban elderly will be demandln services their cities ELDERLY CONTINUED ON 6A P JEER PRESS THURSDAY, SEPTEMBER 10. 1992_ AGE 1 A J ELDERLY f 1.I getting to a bus stop several miles whe the etlr pi x 3 away. Many suburbs have esprpss V CONTINUED FROM IA area's elde �t 9 bus service only, .seldom useful,,,to r k get a home health care aide to' a People don't want to move 7 -cou ty t 1wir,Cl�ti suburban client's home. Van- trans- from their communities to get ser portation programs hampered vices," pgp Ulatid 6g6 O g ms are limited on where 1 s, you she said. live whether ou "It really depends et `44 r r l by l raph ical areas. money and restricted cted' Y Y g geograph some services or not." When they become frail and a Assistance for minorities need assistance, the suburban .el- S5o� Non- English speaking minorities derly want their communities to >Q require a translator when they'vist bring services to them, the study 3 Urban it a doctor, use public transpor found. Health care, housing and rya Y ,A tionor shop for supplies. Member,§ transportation top their list of ser 0til�" A r ,a, of minority groups also complain vices they say are inadequate. :13:11,4'4.7--.':,.,.;:',....:"' F that congregate= dining progrartiS The profile of typical elderly i p �'a and home- delivered meals do not m suburbanites is younger than their r pik +,s t�.ss;m� include ethnic gnus. city counterparts: 75 percent are. s �e m Quality of ilife. Seniors like between age 60 and 75. They have at least a high school education Source. MetropoiitanCou life in the suburbs for its open and are more affluent, with say- and 1990' censs a u space and feeling of safety. But ings accounts and an average in- PIONE PRE G ties to do v 1 n more work�a d�to come of between $10,800 and attend recreational, cultural and $12,000. They are asking ,for-services popularity of multistory home de- educational activities. Seniors „ia they say *e s signs, living accommodations on Apple Valley, JEagan, Mount's tent near thei one floor are scarce in the sub- View and New Brighton, among. High quality, affordable urbs. For those seeking subsidized others, said they would like a se:. health care. Senior citizens want senior housing; a two- to five -year !nor citizens' center nearer theirs medical clinics and physicians, in- waiting list is not uncommon. home: i eluding specialists, and therapeu- i tic swimming pools. Household maintenance ser- For community planners, Hour. vices. Sixty -one percent of subur- ton said, the findings pose a tough• Health care advocacy. They ban elderly said they have prob- question: Should seniors go to want more assistance in determin- lems with housekeeping chores. vices, or should services go those'' ing home care vs. nursing -home But in Dakota and Washington niors? costs and more general advocacy counties, there is no organized to protect themselves from paying chore service available. "We've been moving from long- too much for health care, insur- term care in nursing homes to ti3d: ance, in -home services and bospi- Transportation services. For idea of in -home care," she s&Id j tal visits. the 26 percent of suburban elders "In all communities, the suburbs who do not own a car, options are in particular, we're going to have Moderate- income and subsi- few. Even in areas that have pub- to look at how we are going .td dized housing. Because of the lic bus service, it usually requires serve that." .,1, 10/21/92 11:48 LSS -METRO EAST 002 s 44 Lutheran Socia Service co [Pi kg 'Tr n. October 20, 1992 Ms. Susan Hoyt City Manager City of Falcon Heights 2077 Larpenteur Avenue West Falcon Heights, Minnesota 55113 Dear M. Hoyt: Thank you for your telephone call yesterday in response to a follow -up from me regarding my letter dated September 14, 1992 (copy appended). I appreciated learning the specific process of METRO EAST HUtoN requesting 1993 funding support in the amount of $1,000, or an 1299 AROAPE sr•PAUL MN 35t0a t thereof, from the City of Falcon Heights for Lutheran t06 a moun ereo rom y (612) 774 social service share -A -Home. Due to anticipated state and county budget cutbacks (resources which share -A -Home has traditionally relied upon), funding support from communities such as yours is extremely crucial to the ability of this program to serve citizens of Falcon Heights. As 1 mentioned, many other area communities are being similarly approached for support; particularly those having a history of funding share -A -come. The city of Maplewood contributed $3,000 in 1992 and is considering the same in 1993. support in the amount of $4,000 is being proposed to council members in the City of Roseville. The City of Vadnais Freights has approved $200 plus offered assistance in publicizing the program in 1993. several local funding organizations have been suggested by the city of Arden Hills. Other suburban cities of Ramsey county which have been contacted and are now being follow -up with are New Brighton, North st. Paul and shoreview. The City of st. Paul has also been presented a request to support Share -A -Home services. Past contributions from the City of Falcon Heights to this program are $670 in 1986, $497 in 1987, and $504 in 1989. Thank you for your consideration of this request for support. Please contact me at 774 -9507 should you need additional information. In the meantime, I will plan on attending the wednesday, October 28 city council meeting. tri K sincerely, 6ervin(f all Minnesotans Tim Hammond LSO Share -A- Home /Metro Mast Attachment Meeting Date: 28 October 1992 Agenda Item: P -3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for a contribution to the Roseville Area Senior Program SUBMITTED BY: Lynnae LeBarron, Executive Director North Suburban Senior Council, Inc. REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: Description The senior program provides community -based services to residents in the school district, extensive educational programming as well as social and recreational activities (see attachment A). The organization is approaching cities in the Roseville School District for $35,000 of the program costs. Staff calculated this to be 12% of the total senior program funding base of $302.175. Criteria 1. The project is intergovernmental with funding from the school district and county. The number of commitments from other cities is not available at this time. 2. The organization is requesting $3,255 from Falcon Heights based upon $3.50 x 930 the number of people over 60 years of age in the city. The organization estimates that 260 people are served by the organization. If a donation is based upon the actual service provided it would be 260 persons X $3.50 $910. The letter states that the full cost of the service to Falcon Heights would be at least twice $3,255 or $6,560. However, it appears that the organization is looking for 12 not 100 of its funding base from outside its regular resources. 12% of the full cost of $6,560 would be $787. (This will be clarified with Ms. LeBarron). 3. This is an on -going program. 4. The city cannot do this independently. 5. It meets the general health, safety and welfare requirements of the state statute. Other comments: 1. No alternative types of service have been discussed as of this writing. ACTION REQUESTED: Discuss and respond to request for fu i CITY OF FALCON HEIGHTS Guidelines for Contributions The following guidelines were adopted by the city council on October 14, 1992 to evaluate eligible requests for funding. Guidelines: 1. Must be an intergovernmental service or project. 2. Contribution to be proportional to population. 3. Must be ongoing or be part of an ongoing effort with established goals and measurable results. 4. Must be something the city cannot accomplish by itself. 5. Must meet the legal requirements of promoting and ensuring the health, safety and welfare of Falcon Heights citizens. Staff will ask: 1. Does the project meet the criteria? 2. Is the city being asked for an ongoing donation? 3. Can the city offer some staff time and /or materials in lieu of a direct financial contribution? Procedures: 1. All persons requesting funds will be told about the criteria. They will also be told that the item is not in the city's budget and that any funds must come from elsewhere in the budget. 2. All requests will be on the council agenda. 3. Staff will inform those who do not meet the guidelines. These will appear on the agenda as administrative denials unless the party requesting the funding asks to be on the regular policy agenda. 4. All requests that meet the guidelines will be placed on the council agenda for consideration with as much information as possible including how many unbudgeted dollars for contributions allocated to date. Roseville Area Senior Program 1910 West County Road B Roseville, MN 55113 Telephone: (612) 633 -3997 Serving Arden Hills, Falcon Heights, Lauderdale, Little Canada, Maplewood, Roseville and Shoreview September 17, 1992 Ms. Susan Hoyt City Manager 2077 West Larpenteur Falcon Heights, MN 55113 Dear Susan, As Executive Director of the North Suburban Senior Council, Inc., co- sponsor of the Roseville Area Senior Program, I am pleased to submit this proposal and information packet for your review and submission to the Falcon Heights City Council. As a designated community focal point, as assigned by the Metropolitan Council Area Agency on Aging, the Roseville Area Senior Program pro- vides a comprehensive range of services and programs for senior citi- zens in this community. The enclosed packet includes detailed informa- tion about each program area, but I do want to point out that the Senior Program provides oonnunity -based services to residents in the school district, extensive educational programming as well as social and recreational activities. The Roseville Area Senior Program's mission is to provide quality services and programs to senior citizens. However, as with many organizations, we are faced with increased demand for services and programs while at the same time dealing with reductions from funding sources to meet the needs. As the population continues to "age in place" the demand for services and programs, especially those services which enable more frail seniors to live independently in their homes, will become greater. According to the 1990 census data, there are approximately 930 senior citizens 60 years of age and older living in Falcon Heights. Approx- imately 260 seniors from Falcon Heights either participate in the programs or utilize the services offered through the Roseville Area Senior Program. It is with a spirit of cooperation and collaboration that the North Suburban Senior Countil Board of Directors submits this proposal re- questing the City of Falcon Heights to consider providing financial support for the Roseville Area Senior Program. We anticipate our total funding needs to be in the range of $35,000 for this fiscal year. Specifically we are requesting $3.50 per individual over the age of North Suburban Senior Council, Inc. and Roseville Area Schools, Community Education page two 60 in the City of Falcon Heights, i.e. $3.50 x 930 $3,255. This dollar amount represents less than half the actual cost to serve the seniors in your community. The requested funds would be utilized to subsidize the transportation and the Meals -on- Wheels programs; for the Blockworker Project, which is an outreach program to identify isolated older adults in neighbor- hoods; and to meet program budget needs. The accompanying packet provides information about the budgeting situ- ation of the Roseville Area Senior Program. The Senior Program is co- sponsored by the School District 623 and the non profit organization the North Suburban Senior Council. The NSSC budget is completely sep- arate from the District and they are never combined except to show total resources for the Roseville Area Senior Program. Currently, there are several resources that comprise the total funding base of the Senior Program: NSSC 148,525 49% District 623 100,150 33% Ramsey Cty. 27,000 9% Federal 26,500 9% 302,175 Thank you for your serious consideration of our proposal. Should you have any further questions, please call me at 633 -3997. Sincerely, ezi$660froid ae LeBarron Executive Director North Suburban Senior Council, Inc. cc: Al Nelson, President North Suburban Senior Council Meeting Date: 10/28/92 Agenda Item: P -4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Change in ambulance billing procedure SUBMITTED BY: Tom Kelly, City Accountant Dee Swenson, Secretary REVIEWED BY: Susan Hoyt, Administrator EXPLANATION /SUMMARY: The new ambulance billing program has been working great. Users of the service are billed the Friday following the call and receive a statement each month until paid. This procedure has increased the payments for the service as follows: 12/31)91 10/20/92 Payments Received $37,179.67 $40,725.74 On the Books as Receivables 44,069.53 19,318.58 Of the $19,318.58 still owed the city, $5,632.42 (29% or 25 bills) currently are scheduled for conciliation court for collection after 180 days or six city notices. This is a very time consuming, costly and an ineffective approach to collecting these bills. A form must be filled out for each bill with a filing fee of at least $18.00 or more per person ($450 for 25 bills). Also, someone must appear in court to represent Falcon Heights. Therefore, staff proposes to turn these bills over to Transworld Systems Collection Agency after 120 days or four city notices to improve the return on these outstanding bills. The proposal is for: Accounts past due by four months would be reviewed by staff for unusual circumstances before being turned over to the agency. 398 for 40 past due bills ($9.95 charge /bill). The $9.95 would be added to the past due bills by the city. Any bills collected would go to the city. The agency would send out five non threatening but increasingly firm notes for the bill. No telephone calls would be made. The agency serves four other Minnesota cities. Collecting even two of the outstanding bills of about $350 each would pay for the service. The service will be re- evaluated in one year. Conciliation court is still an option after this process. ::;:::::;::::;:<:::::::5;5:;:;: ••::i::;.' is:;::::::i;;;::::r...::: ":;:;:iiiir::;:;:::i:;::ir::: ":��:5:<::;.. ::i::: >::::J �;;i ::::i i::: 5 y�:. i :::::::::::::Y::::' 'k :di :P 'c:. <i3% ir: ATTACHMENTS: 1. Memo to Susan 2. Sample letters from Transworld Systems 3. List of other cities using the Transworld System ACTION REQUESTED: Approve the use of Transworld Systems L;;> 1.11 «1 11 01 11110 't 11111>... x ................6 MEMO DATE: 10/6/92 TO: Susan FROM: Dee and Tom RE: Change in ambulance billing procedure With the current ambulance billing system, an individual receives a bill each month for six months (180 days). A penalty of 1% per month starts after 60 days. After six months, the city should file any unpaid bills with the conciliation court. So far, we have not been filing these for different reasons. The main reasons are it is very time consuming to fill out the forms and the cost is $18.00 or more per person. We started the year with $44,069.53 on the books as receivables and have billed an additional $41,079.26 in 1992. In total, we have billed $85,148.79 of which the city has collected $37,113.69 and have written off as uncollectible $26,338.66. This leaves a receivable balance of $21,696.44 as of 9/30/92. However, $5,632.42 should be taken to court. What we propose is to turn them over to a collection agency after 120 days instead of filing in conciliation court. We would like to recommend using Transworld Systems, Inc. in Roseville as our collection agency. A two year agreement for 40 bills (accounts) would cost $398.00 and any monies collected would belong to the city. Therefore, if we collect 1 1/2 bills, the service would be paid for. All bills turned over to the agency could have $9.95 added to the balance to pay for the service. Transworld would send up to five notices (see attached copies of various notices and letters). After the fifth notice, the city could then write it off or take them to conciliation court. Why change from the current system? While the current billing program has increased payments significantly, there are still a few that do not pay or contact us. The hope is that the threat or turning over the bills to a collection agency will trigger some response from these few. The process of turning them over to the collection agency will be easier and less time consuming than conciliation court. Attached is a list of other cities that use Transworld to collect bills for them. TK:DS Attachments 10/6/92 We contacted the City of Prior Lake and spoke with Francis. She said they have used Transworld Systems for ambulance bill collections for a little more than a year. In August, they evaluated the arrangement and felt the percentage of collections was very worthwhile and opted to continue with them. They are using the same system we are proposing, that is, a series of five letters encouraging them to pay. We also contacted the City of Jordan. They have signed a contract with Transworld Systems but haven't actually started yet. She is just getting the bills ready to turn over to them. We asked if she had contacted other city governments Transworld Systems serviced to get recommendations /comments from them, and she said they had but she didn't remember which ones had been contacted, but she knew they were all very positive responses. 4 r J rsa s r 444 1611 W. COUNTY ROAD B, #225, ROSEVILLE, MN 55113 (612) 631 -2919 SEP 1 8 1992 THOMAS R. KELLY CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR FALCON HEIGHTS, MN 55113 9/11/92 Mr. Kelly: Per our conversation, I'm forwarding some cities we work with. Being a national firm, we work with cities all over the United States. Some national and local governments we work with include: SANTA FE, N.M. JORDAN, MN ADDISON, IL PRIOR LAKE, MN VAIL,CU ROBBINSDALE, MN BUFFALO,MN We not only assist with ambulance collections fro our clients, but other types of past due accounts and NSF checks that cities have problems with water bills, taxes, parking tickets,etc.). If you would like to review results from some of our clients, I will be more than happy to share them with you. I will call your office during the next couple of weeks to arrange a time to review our service. I would be more than happy to meet with your City Admin- istrator at that time. Thanks, Tom, for showing an interest in Transworld Systems, Inc. I know we could benefit the city of Falcon Heights. Sincerely, Terr Bannen Transworld Systems, Inc. SAN FRANCISCO, LOS ANGELES, NEW YORK, CHICAGO, DALLAS, HOUSTON, DENVER, SEATTLE, PHOENIX, HONOLULU, ATLANTA, BOSTON, MIAMI, AND OTHER MAJOR CITIES THIS HAS BEEN SENT TO YOU BY A COLLECTION AGENCY TRANSWORLD SYSTEMS INC. ACCT NO. 23456 004 0987654321 COLLECTION DIVISION CLIENT REF. 039 42 685 1611 W. COUNTY RD B, STE 225 ROSEVILLE, MN 55113 AMOUNT DUE $439.71 1114 PtISMI 1141 9/1/89 ROBERT SMITH 123 MAIN STREET CITY,. ST ZIP COURTESY NOTICE OUR CLIENT HAS REQUESTED THAT WE CONTACT YOU REGARDING YOUR OVERDUE PAYMENT. WE REALIZE THIS COULD BE AN OVERSIGHT ON YOUR PART AND NOT A WILL FUL DISREGARD OF AN ASSUMED OBLIGATION. IF THERE IS A LEGITIMATE MISUNDERSTANDING CONCERNING THIS DEBT, CONTACT YOUR CREDITOR AND DISCUSS IT. PLEASE MAKE FURTHER COLLECTION PROCEDURES UNNECESSARY BY SENDING PAYM.E.NT IN FULL OR MAKING SATISFACTORY ARRANGEMENTS WITH ACCOUNTS RECEIVABLE MANAGER TEL. 999/465 -3252 XYZ MANUFACTURING COMPANY 2500 HARBOR BOULEVARD CITY, ST ZIP Transworld Systems Inc is a licensed collection agency and any information obtained from you will be used for the purpose of collecting this debt. All portions of this claim shall be assumed valid unless disputed within thirty days of receiving this notice. If disputed in writing, verification of the debt will be provided to you. If the original creditor is tlifferent from the above named creditor. the name and address of the original creditor will also be provided. J DETACH AND RETURN WITH PAYMENT REMITTANCE VOUCHER AMOUNT DUE To insure proper credit—mail this voucher with your payment to: $439.71 r YZ MANUFACTURING COMPANY MR. L.P. JONES 2500 HARBOR BOULEVARD ROBERT SMITH CITY, ST ZIP 23456 0987654321) Account number 23456 0987654321 123451234567890 00043971 THIS HAS BEEN SENT TO YOU BY A COLLECTION AGENCY TRANSWORID SYSTEMS INC. ACCT NO. 23456- 004 0987654321 COLLECTION DIVISION CLIENT REF. 039 42 685 12740 HILLCREST RD #215 DALLAS, TX 75230 AMOUNT DUE 5439.71 TRANSMITTAL 7/1/89 ROBERT SMITH 123 MAIN STREET CITY, ST ZIP URGENT THIS ACCOUNT HAS BEEN ASSIGNED TO OUR AGENCY FOR IMMEDIATE COLLECTION. PLEASE BE ADVISED THAT WE HAVE BEEN AUTHORIZED TO PURSUE COLLECTION AND ARE COMMITTED TO MAKE WHATEVER EFFORTS ARE NECESSARY AND PROPER TO EFFECT COLLECTION. STRONGLY RECOMMEND YOU CONTACT OUR CLIENT TO MAKE PAY- MENT ARRANGEMENT ACCOUNTS RECEIVABLE MANAGER TEL. 999/465 -3252 XYZ MANUFACTURING COMPANY 2500 HARBOR BOULEVARD CITY, ST ZIP Transworld Systems Inc. is a licensed collection agency and any information obtained from you will be used for the purpose of collecting this debt. All portions of this claim shall be assumed valid unless disputed within thirty days of receiving this notice. If disputed in writing, verification of the debt will be provided to you. If the original creditor is different from the above named creditor, the name and address of the original creditor will also be provided. DETACH AND RETURN WITH PAYMENT REMITTANCE VOUCHER L AMOUNT DUE To Insure proper credit —mail th s voucher with your payment to: 5439.71,, XYZ MANUFACTURING COMPANY �l MR. L.P. JONES 2500 HARBOR BOULEVARD ROBERT SMITH CITY, ST ZIP 23456 0987654321] Account number 23456 0987654321 123451234567890 00043971 et e 4 1 44 if ifirCIPP INC/ Q 5880 Commerce Boulevard, Rohnert Park, California 94928, Phone (707) 584 -4225 ...REGIONAL OFFICE... 1611 W. COUNTY RD Bs STE 225, ROSEVILLE, MN 55113 TEL. 612/631 -4963 JUNE 1, 1988 ROBERT SMITH XYZ MANUFACTURING COMPANY 123 MAIN STREET ACCT NO. 23456 -004- 0987654321 CITY, ST ZIP CLIENT REF. 039 42 685 AMOUNT DUE S439.71 IMPERATIVE GRACE PERIOD EXPIRED. OUR CLIENT SHOWS AN UNPAID ACCOUNT IN THE ABOVE STATED AMOUNT APPEARING LEGALLY DUE AND OWING BY YOU. THIS ACCOUNT HAS BEEN REFERRED TO OUR AGENCY AND WE ARE AUTHORIZED TO PURSUE COLLECTION. WITH OFFICES NATIONWIDE, A NUMBER OF ALTERNATIVES ARE AVAILABLE TO US TO EFFECT SETTLEMENT. YOU MAY ELIMINATE THE POSSIBILITY OF ADDITIONAL COSTS AND MAKE FURTHER COMMUNICATION UNNECESSARY BY CONTACTING YOUR CREDITOR AT ONCE. BE SURE TO ENCLOSE THIS LETTER WITH YOUR PAYMENT FOR PROPER IDENTIFICA— TION. ACCOUNTS RECEIVABLE MANAGER TEL. 999/465 -3252 XYZ MANUFACTURING COMPANY 2500 HARBOR BOULEVARD CITY, ST ZIP Transworld Systems Inc. is a licensed collection agency and any information obtained from you will be used for the purpose of collecting this debt. SAN FRANCISCO, LOS ANGELES. NEW YORK, CHICAGO, DALLAS. HOUSTON. DENVER, SEATTLE, PHOENIX, HONOLULU, ATLANTA, BOSTON, MIAMI, AND OTHER MAJOR CITIES. PO SKIP COLLECTORS INVESTIGATION PROFESSIONAL ASSET COLLECTION DIVISION ARBITRATION TRACERS C THIS HAS BEEN SENT TO YOU BY A COLLECTION AGENCY TRANSWORLD SYSTEMS INC. ACCT NO. 23456 004 0987654321 COLLECTION DIVISION CLIENT REF. 039 42 685 1611 W. COUNTY RD 8, STE 225 ROSEVILLE, MN 55113 AMOUNT DUE S439.71 TRANSMITTAL 6/ ROBERT SMITH 123 MAIN STREET CITY, ST ZIP ABOVE CLAIM STILL DUE. SINCE VALIDITY OF THIS LONG OVERDUE ACCOUNT HAS NOT BEEN DISPUTED, IT IS NOW ASSUMED TO BE VALID. PLEASE BE ADVISED THAT THERE ARE TWO WAYS OF SETTLING A LEGITIMATE DEBT TIMELY PAYMENT OR AS THE RESULT OF PROTRACTED AND UNPLEASANT COLLECTION EFFORT. AT THIS TIME THE CHOICE IS STILL YOURS. MAKE FURTHER EFFORT ON OUR PART UNNECESSARY BY MAKING PAYMENT TO ACCOUNTS RECEIVABLE MANAGER TEL. 999/465 -3252 XYZ MANUFACTURING COMPANY 2500 HARBOR BOULEVARD TO INSURE PROPER CREDIT SEND CITY, ST ZIP THIS NOTICE WITH YOUR CHECK TO: Transworld Systems Inc. is a licensed collection agency and any information obtained from you will be used for the purpose of collecting this debt. PETER DAVID RUBIN ATTORNEY AT LAW P.O. Box 1751 Santa Rosa, California 95402 707- 544 -1160 537 Fourth Street, Suite 2, Santa Rosa, California 95404 APRIL 1. 1991 ROBERT SMITH 123 MAIN STREET XYZ MANUFACTURING COMPANY CITY. ST ZIP ACCT NO. 23456 -004- 0987654321 CLIENT REF.: 039 42 685 ROBERT SMITH AMOUNT DUE: S439.71 This office represents Transwortd Systems Inc. They have asked that I write you about your debt. Transwortd has advised you. and I reiterate. that any information obtained from you wilt be used for the purpose of collecting this debt. If disputed in writing. verification of the debt would be provided. or if the original creditor is different from the above named creditor, the name and address of the original creditor would also be provided. In additions alt portions of this claim shalt be assumed valid unless disputed within thirty days of notice. Transwortd's intention is to vigorously pursue this claim. No decision has yet been made to Litigate this claim because this option rests with our client and economic feasibility. You should be aware. however, that if litigation were to be undertaken. it would be pursued by a local attorney in accordance with appropriate state statutes. The loser of such an action would probably be subject to court costs and in some cases attorney's fees. Should such court action occur. and should your creditor prevail. there would be available various avenues to satisfy a judgment. You may wish to check your state laws concerning these remedies. I have not reviewed the merits of this claim, and it is not my inten tion to threaten you about this matter. I would hope, however. that you will review your position and demonstrate your willingness to resolve this matter voluntarily by remitting the amount due to XYZ MANUFACTURING COMPANY TEL. 999/465 -3252 2500 HARBOR BOULEVARD CITY, ST ZIP VERY TRULY YOURS. PETER DAVID RUBIN ATTORNEY AT LAW THIS HAS BEEN SENT TO YOU BY A COLLECTION AGENCY TRANS WORLD SYSTEMS INC. ACCT NO. 23456 004 0987654321 COLLECTION DIVISION CLIENT REF. 039 42 685 1611 W. COUNTY RD 8, STE 225 ROSEVILLE, MN 55113 AMOUNT DUE $439.71 TRANSMITTAL 6/1/88 ROBERT SMITH 123 MAIN STREET CITY, ST ZIP J YOU HAVE BEEN ADVISED OF THE PROBLEMS AND POSSIBLE CONSEQUENCES CONNECTED WITH NON PAYMENT OF A LEGITIMATE DEBT. UNLESS TIMELY PAYMENT IS MADE, WE WILL RECOMMEND TO OUR CLIENT THAT THIS CLAIM BE TRANSFERRED TO THE CREDIT MANAGEMENT SERVICES OFFICE NEAREST YOU FOR PERSONAL ATTENTION BY THEIR STAFF. VOLUNTARY SETTLEMENT NOW WOULD BE YOUR BEST POLICY. WIRE PAYMENT TO ACCOUNTS RECEIVABLE MANAGER TEL. 999/465 3252 XYZ MANUFACTURING COMPANY 2500 HARBOR BOULEVARD TO INSURE PROPER CREDIT SEND CITY, ST ZIP THIS NOTICE WITH YOUR CHECK TO: t 111111/ Transworld Systems Inc. is a licensed collection agency and any information obtained from you will be used for the purpose of collecting this debt. SrlitalfailteatILID 100t -4,-- Q 5880 Commerce Boulevard, Rohnert Park, California 94928 -1691, Phone (707) 584 -4225 V ...REGIONAL OFFICE... 1611 W. COUNTY RD 8s STE 225, ROSEVILLE, MN 55113 TEL. 612/631 -2919 APRIL 1, 1991 ROBERT SMITH XYZ MANUFACTURING COMPANY 123 MAIN STREET ACCT NO. 23456- 004 0987654321 CITY, ST ZIP CLIENT REF. 039 42 685 AMOUNT DUE $0.00 THANK YOU. WE HAVE BEEN NOTIFIED THAT YOUR ACCOUNT WITH THE ABOVE HAS BEEN SATISFIED. OUR CLIENT HAS REQUESTED THAT WE EXTEND THEIR THANKS FOR YOUR COOPERATION IN RESOLVING THIS MATTER. YOUR RELATIONSHIP IS CONSIDERED A VALUABLE ASSET ANO SHOULD A FUTURE NEED ARISE, THEIR SERVICES ARE AT YOUR DISPOSAL. SINCERELY, ROBERTA GREEN PUBLIC RELATIONS SAN FNANCISCO i.OS ANGELES NEW VOPK CHICAGO. DALLAS. PHILADELPHIA. DENVER. SEATTLE. PHOENIX, HONOLULU, ATLANTA, BOSTON, MIAMI, AND OTHER MAJOR CITIES. Meeting Date: 28 October 1992 Agenda Item: P -5 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Selection of a city attorney(s) beginning in January, 1993 SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The city received 17 proposals from attorneys in response to its request for proposals. Attorneys from three firms were interviewed on October 7. These were: Mr. Jerry Filla of Peterson, Fram and Bergman, Mr. Charles LeFevere of Holmes and Graven and Mr. Peter Bachman of Leonard, Street and Deinard. Mr. Filla was interviewed for prosecution and civil services. Mr. LeFevere and Mr. Bachman were interviewed for civil services only. ATTACHMENTS: A Summary of two firms B Letter from Mr. Peter Bachman dated 12 October 1992 C Letter Mr. Charles LeFevre dated 16 October 1992 ACTION REQUESTED: Select a city attorney(s) to carry out prosecutions and civil work for the city beginning in January, 1993. Here are the differences in the firms other than personal style. Holmes and Graven Acts as general and special counsel to several cities (see attached). Municipal law is 60% .of the firm's business. Possible conflict of .interest in dealings that involve Lauderdale can't create, negotiate or defend contracts and agreements between Lauderdale /F.H. or recommend projects for F.H. viewed as adverse to Lauderdale or other cities the firm represents. Several general counsel municipal attorneys on staff if lead attorney leaves firm. Lead attorney cannot attend council meetings on the 4th Wednesday, experienced 'back -up' available. Solid experience in all municipal issues. Leonard, Street and Deinard Acts as special counsel to several cities and represents clients in their work with municipalities. (see attached) Municipal /governmental law is 15 of the firm's overall business. No conflict of interest issues with Lauderdale or other cities. Very few general counsel municipal attorneys on staff if lead attorney leaves firm. Lead attorney is available for all council meetings. Creative approach to land use issues and projects. f,, LAW OFFICES T 1 1992 LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION SIDNEY BARROWS BRADLEY J. GILLAN GREGG J. CAVANAGH LOREN A. UNTERSEHER HAROLD D. FIELD, JR. MICHAEL A. NEKICH SUSAN M. ROBINER ROBERT H. TORGERSON RICHARD J. GUNN MARTHA C. BRAND SUITE 2300 MICHAEL R. COHEN JOSHUA J. KANASSATEGA ALLEN 1. SAEKS DAVID N. HAYNES BRADLEY J. GUNN JANN M. EICHLER SMITH THOMAS D. FEINBERG CAROLYN CHALMERS 15 0 SOUTH FIFTH STREET NANCY A. WILTGEN RUTH 9. O'NEILL MORRIS M. SHERMAN JAMES V. ROTH VIRGINIA 9. CONE ANDREW P. LEE GEORGE REILLY RICHARD M. MARTIN MICHELLE A. MILLER 1. DANIEL COLTON CHARLES K. DAYTON ROBERT L. D[MAY MIN N EAPOLIS, MIN N ESOTA 55402 TIMOTHY R. MEYERSON NICOLE A. ENGISCH DAVID N. COX ANGELA M. BOHMANN BLAKE SHEPARD, JR. DAVID D. ETZWILER STEPHEN R. PFLAUM ROBERT P. THAVIS TELEPHONE (612) 335 1500 WILLIAM L. GREENE TAMMIE 5. PTACEK CHARLES A. MAYS JAMES G. BULLARD STEVEN L. BELTON JANE F. GODFREY LOWELL J. NOTEBOOM JOSEPH M. FINLEY FACSIMILE (612) 335 1657 PETER H. BACHMAN ERIC H. GALATZ GEORGE F. McGUNNIGLE, JR. LAWRENCE J. FIELD JOHN S. BRENNAN DWIGHT A. LARSON RICHARD G. PEPIN, JR. DAVID W. KELLEY CARRIE L. HEMPEL ROSANNE JACUZZI FREDRIC T. ROSENBLATT MARK 5. WEITZ MARC D. SIMPSON BYRON E. STARNS DAVID L. LILLEHAUG SHAUN C. McELHATTON JOHN STEVEN M. H. HERMAN RUBIN DAVID K N J. TOR HUGER October 12 1992 JAMES OE EHANTY GEORGE 9. H. STREET i677.1961) JHN RMA DD 1UN STEVEN D. D[RUYTER ANGELA M. CHRISTY PETER E. SCHIFSKY BENEDICT DEINARD 11899.1969 JAMES R. DORSEY MARK A. LINDGREN LAWRENCE P. SCHAEFER AMOS 5. DEINARD 11898. (985 KATHLEEN M. GRAHAM HENRY J. SHEA 111 CAROLYN V. WOLSKI STEPHEN J. DAVIDSON LOWELL V. STORTZ STEVEN R. LINDEMANN STEPHEN R. LITMAN DOUGLAS B. GREENSWAG WILLIAM H. KOCH SIDNEY LORBER EDWARD, M. MOERSFELDER ELLEN G. SAMPSON RONALD J. SCHULTZ IRENE SCOTT ROBERT LEWIS BARROWS ROSANNE NATHANSON STEVEN J. RINDSIG DANIEL D. FOTH RICHARD J. WEGENER MICHAEL G. TAYLOR JAMA M. KRIZ DANIEL M. SATORIUS DANIEL J. McINERNEY, JR. JOHN W. GETSINGER WENOY C. SKJERVEN cr counsel HUGH M. MAYNARD THOMAS P. SANDERS FREDERICK W. MORRIS ROBERT ZEGLOVITCH JOHN C. KUEHN TIMOTHY WELCH WRITERS DIRECT DIAL NUMBER (612) 335 -1862 VIA FAX (612) 644 -8675 Ms. Susan Hoyt City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, Minnesota 55113 -5594 Re: Proposal for Legal Services Dear Ms. Hoyt: You have expressed a concern to me that while our firm may be abundantly qualified to handle any major or complex matter that Falcon Heights could become involved in, we may not be as interested in handling the City's day -to -day, routine matters. Let me assure you that we have the background and desire to deal with all of the City's legal needs, large and small, complex or mundane. As you know, I was an in -house attorney for the Metropolitan Council from 1983 through approximately 1988. In that capacity, I handled many many routine governmental matters of direct applicability to the City of Falcon Heights, including: drafted numerous consultant contracts reviewed or drafted many bid specifications and contracts under the Uniform Municipal Contracting Law competitive bidding process advised the Personnel Director on numerous personnel and disciplinary matters Ms. Susan Hoyt October 12, 1992 Page 2 advised Council members on open meeting law, data practices, conflict of interest, incompatibility of office, and parliamentary procedures issues served as member of a hearing panel and drafted opinions on Section 8 Housing Program grievance and eviction hearing matters advised Metro HRA on compliance with HUD requirements served as start -up counsel for the Regional Transit Board, including advising the Board on many matters pertaining to employee benefits drafted several joint powers and municipal cooperative agreements advised Council staff regarding comments on local comprehensive plan and capital improvements amendments drafted many resolutions and legislative proposals reviewed many documents for statutory and legal compliance wrote numerous legal opinions in many areas related to the authority of the Metropolitan Council advised the Council on implementation of the Metropolitan Land Planning Act, the landfill siting process, acquisition of temporary development rights for landfill sites, airport noise issues, solid waste issues, the Agricultural Preserves Act, the Surface Water Management Act, and other statutes and internal guidelines advised the Council regarding the operation of various grant and loan programs advised the Council on its duties as a responsible governmental unit for various projects requiring environmental review, including environmental assessment worksheets and environmental impact statements negotiated and drafted a construction agreement and office space lease for the metropolitan agencies Ms. Susan Hoyt October 12, 1992 Page 3 drafted various internal procedure documents, such as contract procedures, HRA hearing procedures, and advisory committee bylaws represented the Council in several litigated matters During my time with the Metropolitan Council, I developed particular expertise in the area of land use law and land use planning. As a result of this work, the City of Minneapolis retained me as Special Counsel to review the entire City of Minneapolis Zoning Code and land use decision- making process. This entailed working closely with City Council Members, Planning Department Staff, Public Works Department Staff, Inspections Department Staff, MCDA Staff, the Planning Commission, the Committee on Urban Environment and the Heritage Preservation Commission to attempt to synthesize and evaluate Minneapolis' enormously complex land use decision making process. The result of this work was a 225 -page report fully and succinctly evaluating the strengths and weaknesses of the Minneapolis Zoning Code and land use decision making process. Based on the report, the City of Minneapolis has undertaken a total revision of its Zoning Code and decision making process and has retained me as outside counsel to advise the City on all legal aspects of this work. I joined Leonard, Street and Deinard in February 1990. Since that time, in addition to representing the Hennepin County Regional Railroad Authority, the Minneapolis Community Development Agency, Amoco Oil Company, Lundgren Bros. Construction Company, Shiely Sand and Gravel Corporation, Tower Asphalt, Inc. and others on larger and more complex matters, I have represented numerous clients in smaller, land use and governmental related matters. These matters include: successfully representing the Crow Wing Environmental Protection Association to stop the siting of a proposed golf course development in the Brainerd Lakes area successfully representing Citizens for Shorewood to stop a proposed Byerly's grocery store on Highway 7 successfully representing a citizens' group in Saint Anthony Village to stop a proposed Walgreen's development successfully representing a citizens' group opposed to a lot split along Minnehaha Creek Ms. Susan Hoyt October 12, 1992 Page 4 ongoing representation of a citizens' group to close down a large, turkey manure composting facility in Goodhue County successfully representing numerous individual citizens and businesses to obtain conditional use permits, variances, lot splits, subdivision and other development approvals advising the Moose Lake Windemere Sanitary Sewer District and the City of South Saint Paul on environmental and land use related matters representing several parties in responding to housing code violations representing several parties in establishing nonconforming use rights representing clients in responding to code violation misdemeanor citations representing many parties in leasing transactions and basic real estate matters representing the Minnesota Bankers Association, the Minnesota Society of the American Institute of Architects and others in governmental relations work at the State Legislature As can be seen from the above examples, I have a strong basis and background in day -to -day, municipal related matters. I pay close attention to detail and regard all my work, large or small, as important. In my work, particularly for the Metropolitan Council and the City of Minneapolis, I have substantial experience in understanding the politics and procedures of local government decision making. Having worked closely in -house with local government staff and policy makers, as well as having represented numerous developers and citizen groups, I believe I bring to the City of Falcon Heights a very balanced and valuable perspective coupled with the ability to provide clear and practical legal advice. I am admitted to practice before all courts in the State of Minnesota, the United States District Court for the District of Minnesota, and the Eighth Circuit Federal District Court. I am a member of the Minnesota Chapter of the American Planning V Ms. Susan Hoyt October 12, 1992 Page 5 Association, the Board of Directors of Project Environment Foundation, the American Bar Association, the Minnesota State Bar Association and the Hennepin County Bar Association, and am actively involved in the Hennepin County Bar Association Local Government Law section, Real Property section and Environmental Law section. Last year, the Local Government Law section ran a program on alternative dispute resolution "ADR for municipalities. I am a proponent of using ADR to resolve appropriate municipal disputes provided the mediation center /facilitator involved has an economical rate structure. I have personally steered some of my private clients to ADR centers where I thought the matter was of a type that it could be resolved more satisfactorily and economically than through unfacilitated negotiations or litigation. I value and maintain close, professional working relationships with numerous government attorneys, including many attorneys in the Minneapolis City Attorney's office; David Ornstein (Bloomington City Attorney); Desyl Peterson (Minnetonka City Attorney); Alden Hofstedt (Coon Rapids City Attorney); the attorneys for all the metropolitan agencies; many attorneys in the Minnesota Attorney General's office; and numerous other attorneys who serve as outside general counsel to municipalities. This enables me to keep immediately abreast of the local legal community's views on emerging municipal legal issues. I hope this letter is responsive to your concerns. Once again, I want to emphasize our firm's strong interest in representing the City of Falcon Heights to the very best of our abilities. Very truly yours, LEONARD, STREET AND DEINARD By Asiexe.4.2 Peter H. Bachman PHB /elp HOLMES GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET RONALD H. BATTY BARBARA L.PORTWOOD STEPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WII.BINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (19291991) DAVID J. KENNEDY oF COUNSEL JOHN R. CARSON 337 -9215 ROBERT C. CARLSON WELLINGTON H. LAW CHARLES L. LEFEVERE ROBERT L. DAVIDSON October 16, 1992 (1( Ms Susan Hoyt City Administrator City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 -5594 RE: Request for Proposal for City Attorney Position Dear Ms. Hoyt: We would like to thank you and the city council again for giving us the opportunity to meet with you for an interview on October 7th. Following that meeting, you asked for my comments on the potential for a conflict of interest which could arise because of the fact that we represent the adjacent City of Lauderdale. I thought it might be helpful to put some of these comments in writing for the benefit of the city council. Our representation of Lauderdale does create the potential for a conflict of interest situation to arise. For example, if one city sued the other, we would not be able to represent either party. In such a case, both cities would have to retain other legal counsel. Although the possibility of litigation between the two cities exists, the likelihood that it would every occur seems quite remote. In other situations involving Lauderdale, our firm might or might not have a conflict depending upon the circumstances. The Minnesota Rules of Professional Responsibility for attorneys recognize that there are circumstances when it is appropriate for an attorney to represent more than one client in a transaction. The lawyer may even act as an intermediary seeking to reconcile the divergent interests of two clients and, to a limited extent, acting as a spokesperson for each client. Attached is a copy of the provisions of Sections 1.7 and 2.2 of the Rules which deal with such situations. Whenever we are involved in dealings between two of our clients, we realize that we must be extraordinarily careful to avoid a conflict of interest or any appearance of a conflict. We are frequently called upon to be involved in dealings between our municipal clients. Apparently they feel that they are best served by having our office represent them in such cases For example, we often draft joint powers agreements between our municipal clients. This does not create a conflict situation primarily because the terms of the contract are negotiated not by our office on behalf of one of the cities, but by staff members of each city. We are not involved in advocating Ms. Susan Hoyt October 16, 1992 Page 2 a position or negotiating the terms of a contract on behalf of one party. Our role is simply to help the clients identify issues for negotiation and draft an agreement which reflects the results of those negotiations One obvious advantage to our clients in such cases is that the legal fees are substantially reduced since our time would be split among several clients Although we frequently act in the role of legal counsel for two municipal client simultaneously or as an intermediary between clients, we are very mindful of the potential for conflicts in such situations. We have no interest in committing ethical violations or damaging our long term relationships with our clients If either client wished for us to withdraw from our dealing with another client on a matter of mutual concern, we would do so. Moreover, even if the clients felt comfortable with our role involving two or more municipal clients, if we were not entirely comfortable that we could faithfully discharge our ethical obligations to each client, we would withdraw. Over the years we have withdrawn from representing, or have declined to represent, many clients because of a conflict of interest or potential conflict of interest. However, I have discussed this issue with the other city attorneys in the firm, and none of us can recall a situation in which we were asked to withdraw or felt it appropriate to withdraw in a case involving any two of the cities we represent. We are very aware of the need to be extremely careful whenever our representation of one client touches on the interests of another, and to avoid situations in which there is a conflict, potential for conflict, or even the appearance of a conflict of interest. The city council is well advised to be sensitive to, and concerned about, the potential for conflicts. It is possible that a conflict could arise from our representation of Lauderdale; however, it is precisely because of our emphasis on representing public bodies that I believe the potential for conflicts for our public clients is so small. The vast majority of the work of our firm is for public bodies. We do very little work for developers, land owners, citizens of our client cities, or other such parties with whom there is a much higher probability of a conflict of interest. If you have any further questions about this issue, or we can provide you with any other information about our firm, please feel free to give me a call. Thank you, again, for your continued consideration of Holmes Graven. Very truly yours, Charles L. LeFevere CLL ckr CLL43206 FIRM -11 MINNESOTA RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS 1.7 Conflict of Interest: General Rule (a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) each client consents after consultation. (b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation will not be adversely affected; and (2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved. 2.2 Intermediary (a) A lawyer may act as intermediary between clients if (1) the lawyer consults with each client concerning the implications of the common representation, including the advantages and risks involved, and the effect on the attorney -client privileges, and obtains each client's consent to the common representation; (2) the lawyer reasonably believes that the matter can be resolved on terms compatible with the clients' best interests, that each client will be able to make adequately informed decisions in the matter and that there is little risk of material prejudice to the interests of any of the clients if the contemplated resolution is unsuccessful; and (3) the lawyer reasonably believes that the common representation can be undertaken impartially and without improper effect on other responsibilities the lawyer has to any of the clients. (b) While acting as intermediary, the lawyer shall consult with each client concerning the decisions to be made and the considerations relevant in making them, so that each client can make adequately informed decisions. (c) A lawyer shall withdraw as intermediary if any of the clients so requests, or if any of the conditions stated in paragraph (a) is no longer satisfied. Upon withdrawal, the lawyer shall not continue to represent any of the clients in the matter that was the subject of the intermediation. CLL43207 FIRM -11 7i iiiiiiiil iil 1 111111111111111 Ili .1111, Meeting Date: 28 October 1992 Agenda Item: P -6 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request from Ramsey County for assistance with the Cleveland Avenue Boulevard SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Terry Maurer, City Engineer EXPLANATION /SUMMARY: Ramsey County is asking the city to takeover the maintenance and replacement of landscaping on the proposed Cleveland Avenue Boulevard. Staff will meet with the county to discuss options. Staff wants to make sure that any additional costs are workable in the city's budget. (2 ACTION REQUESTED: Discuss and respond•to the county's request. wv Meeting Date: 28 October 1992 Agenda Item: P -7 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Scheduling council meeting /workshop for Monday, November 16 at 7 PM SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The November 11 council meeting must be cancelled because it is on a national holiday. The second November meeting is set for November 25, the evening before Thanksgiving. Council may wish to make this a short meeting to accommodate family schedules. If so, staff would like to schedule a workshop for November 16 at 7 PM to discuss ordinances related to licensing and trees. Also, University Vice President for Student Affairs and Chief of University Police would like to meet to discuss trends in higher education and community security. Alternative date: November 17 at 7 PM ACTION REQUESTED: Schedule November 16 meeting /workshop at 7 PM. Information Infornwzion In In In f o rmation Meeting Date: 10/28/92 Agenda Item: I-1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Commission Minutes SUBMITTED BY: Planning Commission, Parks and Recreation Commission, Human Rights Commission EXPLANATION/SUMMARY: a. Planning Commission Minutes of 9/28/92 b. Parks and Recreation Commission Minutes of 10/12/92 c. Human Rights Commission Minutes of 10/20/92 41 it.orniattert::::i:iiinfOnnattOnin4rtforfnatiOnmiiiiiii MINUTES REGULAR PLANNING COMMISSION MEETING September 28, 1992 7:30 p.m. PRESENT: ABSENT: ALSO PRESENT: Lee Barry Brian Standing, Intern Len Boche Susan Hoyt, Administrator, Steve Huso acting as planner Carolyn Nestingen Ken Salzberg Meeting was called to order at 7:30 by Lee Barry, Chair. Minutes of the July 27, 1992 meeting were unanimously approved as publihed. Incorrect spelling of a councilmember's name was noted. REQUEST FOR A VARIANCE IN §9- 4.01(41(c) OF THE ZONING CODE, THE SIDEYARD SETBACK, AT 1603 NORTHROP STREET Property owners Andy and Carolyn Collins asked the commission to approve a request for a variance of 2.32 feet in the sideyard setback requirement to construct an attached two car garage by adding an additional 14 feet of width to the existing 11.95 foot garage. The variance is needed because the northwest corner of the garage addition will come within 2.68 feet of the adjacent sideyard property line rather than within the 5 feet required by the zoning code. A variance is needed only for the rear 10 feet of the structure due to the pie shape of the lot. A neighbor, Pat O'Leary, stated he and his wife did not object to the granting of a variance for this addition. After some discussion, Carolyn Nestingen moved to approve the addition based on the following criteria: It's a reasonable way to accommodate the off street parking and storage space provided by a 2 1/2 car garage. Over the past two years the city revised the zoning code to accommodate garages with 576 sq. ft. of storage area on the city's smallest lots, and, therefore, it is reasonable to grant additional area. The shape of the lot requires a smaller setback in the rear to make the addition possible. The proposed addition does not adversely impact the neighboring property owner's property. The request meets the conditions for granting a variance, specifically property enjoyment and shape of lot. Salzberg seconded the motion and the motion carried unanimously. REQUEST TO CONTRACT WITH THE HOISINGTON KOEGLER GROUP TO REVIEW AND REVISE THE CITY'S BUSINESS ZONES At the request of the planning commission, the Hoisington Koegler Group submitted a proposal to assist the city with the updating of its zoning ordinance to bring it into compliance with the comprehensive plan specifically regarding commercial districts. The amount for carrying out this proposal would be no more than $2,000. Hoyt noted there are funds in the city's 1992 planning budget to cover the cost of this project. After a brief discussion on the city's satisfaction with the Hoisitngton Koegler Group's guidance on the new comprehensive plan completed in November, 1991, Boche moved to recommend the hiring of the Hoisington Koegler Group to review and revise the city's business zones as recommended in the city's comprehensive land use plan. The motion was seconded by Nestingen and approved unanimously. REVIEW AND APPROVE THE PROPOSED 1993 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) After review and brief discussion, the commission approved the adoption of the city's proposed 5 year capital improvement plan (1993- 1997). There being no further business, the meeting adjourned at 8:35. Susan Hoyt, Administrator Dee Swenson, Recording Secretary MINUTES PARKS AND RECREATION COMMISSION MEETING October 12, 1992, 7:00 p.m. Members Present: Carol Weisberg, Morris Nicholson, Linda McLoon, Carol Huso, Jyneen Thatcher, Steve Schugel, Lloyd Jacobson, Carol Kriegler, Park and Rec. Director, Sue Gehrz, Council Liaison Members Absent: Dave Wickhem 1. Update Carol K said that the hardcourt was redone at the Community Park and was now a much safer place to play ball, with the surface meeting the ground evenly. Linda noted that the commission was one member shy of 9, and with the Grove Park being redone, it would be nice to have someone from the Grove or 1666 as the new member. Carol K said she would talk to Harold Jensen, from 1666 Coffman. He has expressed interest in park issues before. If he is not interested, she will ask him for some suggestions. Carol K will check with Dave about his continued interest. Carol K and Sue handed out the city council's corrections to the Park and Rec budget and 5 year Capitol Improvement Plan, to which they added $40,000 to the Falcon Heights Elementary School area for the next year. 2. Publicity Publicity for events was also discussed. It was agreed that press releases in the local papers were not sufficient. Particularly for the Ice Cream Social, if the City Newsletter did not come out right before the event, then individual notices should be brought around to each family. Possible ways to distribute notices: paid people from civic groups or boy scouts, using Neighborhood Watch network, etc. Carol K said she always puts notice of events on the city sign outside city hall. 3. Grove Park Improvements There is $70,000 in the Capitol Improvement budget for the Grove Park in the upcoming year. Carol W will bring this up at the next Grove residents association meeting at the end of October. Carol W will also get together a meeting of kids through elementary school and a second meeting for teens to get their input into facilities planning. A survey will be put together to go out to all Grove residents and 1666 residents. Then a task force will be put together. The resident survey should go out by Nov. 10, to be returned by Dec. 1. Then the task force will put things together and call a public meeting to discuss options. Carol K will contact Harold Jensen to see if he will be the official liaison from 1666. Hopefully the plans will then be ready to implement by April 15 or May 1. Carol W indicated that there is a real problem with people walking their dogs in the Grove Park. Signage is needed. Carol K will talk to Sue Hoyt about signs. 4. Falcon Heights School Facilities Update Carol K said that she is on the school facilities committee, which has met 3 times. They think they will be ready to break ground by June 1993. Morris indicated that we need to make sure our agenda is not overlooked in the planning stages, and that this needs to be done right away. We need to get input from the neighborhood residents around the school. A survey will also be put together for this input. Carol K indicated that the schools have no money for recreational use and that they want to cooperate with the city of Falcon Heights. After the survey results are returned, a public meeting will be called. 5. As there was no further business, the meeting was adjourned. Respectfully submitted, Linda McLoon, Secretary with the help of Carol Weisberg HUMAN RIGHTS COMMISSION OCTOBER 20, 1992 MINUTES PRESENT: Wayne Groff, Jan Gibson Talbot, Gwen Willems, Pam Harris ABSENT: Edward Sheppard, David Bowers ALSO PRESENT: Carol Kriegler, Parks and Rec Director All commissioners agreed that we must include wording on all written information to accommodate ADA. This includes information sent out to schools and ads in newsletter. Carol would arrange for "reasonable accommodation" for the city's recreation programs. Commission recommends using phrase adopted by the city for all written literature for Parks and Rec and for the Falconeers. Falconeers also need to include "inclusive language" in their written information. Commission will invite president to come to next meeting to describe activities of the Falconeers. MEETING ADJOURNED. PLEASE NOTE: Next meeting will be held November 19, 1992. ADDENDUM OCTOBER 14, 1992 Item No. P -8. Proposal for rental of sewer jetter to the City of Lauderdale. ADDENDUM ADDENDUM ADDENDUM ADDENDUM ADDENDUM ADDENDUM Meeting Date: 10/13/92 Agenda Item: P -8 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Proposal for rental of sewer jetter to the City of Lauderdale SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Tom Kelly, City Accountant Vince Wright, Public Works Foreman EXPLANATION /SUMMARY: At the July policy workshop the council discussed the possibility of cooperative arrangements with other cities, specifically dealing in the area of public works. Discussions with the city administrator indicate that the City of Lauderdale is interested in renting the city's sewer jetter for three to five days to complete the cleaning of the storm sewer. Lauderdale previously contracted with a private company for both the labor and machinery. Falcon Heights has an up -to -date sewer jetter, which is used about one month out of the year and on an as- needed basis. The city also has an experienced temporary employee that can be assigned to this project. Therefore, the city can provide the jetter with an experienced person to work on the project. Staff drafted the attached proposal with the assumption that the city wants to cover its expenses for the machine but not recoup a profit on this cooperative arrangement. This approach is how the staff wants the city to be approached by other municipalities when service costs are involved. Therefore, the prices proposed are not designed to undercut the cost of the rent on the private market, but to cover any costs of ownership and maintenance on the machine. The rental fee of $18 /hour of machine use is based upon the depreciation schedule for the machine and the materials used since this is the cost to the city of owning and maintaining the machine. The labor cost is the labor of the temporary employee. ATTACHMENTS: A Draft proposal for sewer jetter rental ACTION REQUESTED: Discuss and approve a proposal for sewer jetter rental contingent upon approval of the city attorney. o CITY OF FAL CON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 12 October 1992 Kathleen Miller, City Administrator City of Lauderdale 1891 Walnut St. Lauderdale, Minnesota 55113 Dear Kathleen: I've attached a proposal for the rental of the sewer jetter. The proposal includes rental for the use of the machine to capture some of the anticipated maintenance costs, gas and oil from the additional use of the machine to clean Lauderdale sewers. It also covers any labor and mileage costs that the city might incur. The city views this as a cooperative activity. The proposal is intended to cover any costs to Falcon Heights from the additional operation of the machine. It is not intended to profit on this venture by simply underpricing the private market. This will be on the city council agenda on October 14, 1992. If approved by both councils, a late October start will be planned. Please call me before October 14 if you have any questions about this proposal. Very truly yours, 144; Susan Hoyt City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE 4: PRINTED ON RECYCLED PAPER TREE crry USA PROPOSED SEWER JETTER RATES 1. RENTAL FEE FOR SEWER JETTER a. Cost for the machine will be based upon the actual use of the machine not how long the machine is on the job because the machine gets no wear and tear being away from city hall, and there is no need to have the machine at city hall. A meter on the machine allows the city to do this. b. The proposed rental cost is calculated from the cost /hour of owning the machine using a ten year depreciation schedule. This should cover any additional maintenance that might be associated with the use of the machine in Lauderdale. The ten year depreciation schedule results in a $15 /hour cost for Falcon Heights to have this machine for 180 hours of sewer jetter work each year for over ten years. This comes to $15 /hour rent for the machine time. Cost of gasoline and an oil change comes to $3.00 /hour during the machine use. The actual operation time will be taken from the meter on the sewer jetter. TOTAL: $18 /hour for actual operation time 2. LABOR a. The hourly rate for a temporary employee of Falcon Heights to accompany the machine because he is knowledgeable about the equipment. He has done this in Falcon Heights over the past two years. He will be assigned to the job, not only to running the machine This employee will be paid for the time he is on the project regardless of whether or not the machine is in operation. Cost is $7.32 /hour including social security. 10/13/92 Page 2 Sewer Jetter b. One hour of the public works foreman's training time plus mileage to and from Lauderdale, for $19.00. Additional time for public works foreman if needed. c. Work schedules should be coordinated by the public works staff. 3. HAULING The machine is to be hauled to and from Falcon Heights by a Lauderdale vehicle. 4. MAINTENANCE The City of Falcon Heights is responsible for maintaining the equipment during and after its return to the city. 5. LIABILITY The City of Lauderdale and its employees will not hold the City of Falcon Heights liable for any malfunction in the machine or injuries or property damage or sewer system complications or repairs that may be viewed as associated with the sewer jetting project. 6. SUMMARY Fees will be itemized as follows: a. Machine rental rate when it is operating $18.00 /hour (on meter) b. Labor rate for working on the project 7.32 /hour (on job) c. One -time public works foreman training $19.00 (one -time) or as needed 10/13/92