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HomeMy WebLinkAboutCCAgenda_94Apr13 City of Falcon Heights AGENDA Regular Meeting of the City Council April 13, 1994 I. CALL TO ORDER: 7 p.m. II. BALDWIN GEHRZ GIBSON TALBOT HUSTAD JACOBS HOYT ATTORNEY ENGINEER III. COMMUNITY FORUM IV. APPROVAL OF MINUTES: March 23, 1994 V. PUBLIC HEARING: None VI. CONSENT AGENDA: C -1. Disbursements a. General disbursements through 3/31/94, $21,492.77 $9,298.26 ,,44 b. General disbursements through 4/7/94, c. Payroll, 3/16/94 to 3/31/94, $10,561.08 C -2. Licenses C -3. Appointment of Paul Martinez to the Human Rights Commission C -4. Request for a variance to Chapter 9 -4.01, Subd.(4) of fifteen feet three inches (15'3 to the required thirty foot rear yard setback and to Chapter 9 -2.04, Subd. 1(c) of two feet three inches (2'3 to the required five foot side yard setback for 1775 Asbury St. C -5. Authorization to enter into a contract for the demolition of 2061 W. Larpenteur Ave. VII. POLICY AGENDA: P -1. Discussion on the North Suburban Tobacco Compliance Project and Falcon Heights' compliance ACTION: P -2. Request for the Solid Waste Commission to participate in the Project Childsafe car seat collection activities ACTION: P -3. Request for consideration of access to health insurance coverage for permanent, part -time employees at 50% time ACTION: (over) P -4. Resolution supporting City Unity Day on April 21, 1994 sponsored by the League of Minnesota Cities ACTION: VIII. INFORMATION AND ANNOUNCEMENTS: I -1. Minutes of Solid Waste Commission meeting dated March 10, 1994 I -2. Minutes of Park Recreation Commission meeting dated March 14, 1994 I -3. Minutes of Planning Commission meeting dated March 28, 1994. IX. ADJOURNMENT D r4-41 t MINUTES REGULAR CITY COUNCIL MEETING MARCH 23, 1994 Baldwin convened the meeting at 7:04 p.m. PRESENT Baldwin, Gehrz, Gibson Talbot and Jacobs. Also present were Bachman, Hoyt and Phillips. MINUTES OF 3/9/94 APPROVED CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Disbursements a. General disbursements through 3/15/94, $97,792.40 b. Payroll, 3/1/94 to 3/15/94, $11,144.17 2. Request for purchase of two SCBA gear and fire clothing for replacement of old equipment 3. Accept resignation of Ed Sheppard from Human Rights Commission 4. Appointment of Mary Pat McGinnis to Solid Waste Commission REQUEST TO HIRE AN ADMINISTRATIVE ASSISTANT /PLANNER Hoyt introduced Carla Asleson who accepted the new position of administrative assistant /planner with the city. Her starting date will be April 18. HUSTAD ARRIVES Hustad arrived at 7:12 p.m. REQUEST FOR APPROVAL OF A CITYWIDE FOOD DRIVE Resident Ben Lamb is preparing for an Eagle Scout project in the city. He requested the city permit him to carry out a citywide food drive as his Eagle Scout project. He also requested the city donate $100 towards the printing of flyers to be distributed to all residents. It was suggested the flyers be distributed with the city newsletter which will be out in early April. After some discussion, Baldwin indicated he will present Lamb with the option of having the city staff make copies of the flyers for distribution or perhaps Lamb could approach several businesses for a donation. Page 2 Council Minutes March 23, 1994 Baldwin also will confirm the date with him and noted council's approval to use the city sign to advertise the event. REQUEST TO APPROVE THE CLEVELAND MEDIAN LANDSCAPING PLAN AND AGREEMENT WITH RAMSEY COUNTY REGARDING TAKEOVER OF THE MEDIAN BY THE CITY Linda Treeful, the city forester, presented the proposed landscaping project for the Cleveland Avenue median to be undertaken by the Ramsey County public works department. City staff worked with county staff and a MnDOT representative to develop a planting and maintenance plan for the median. Treeful indicated the county will not be able to obtain the trees and bushes desired in time for spring planting in 1994 so the project will be delayed until May, 1995. The plan is to plant 45 Japanese lilac trees down the median center flanked on either side by a row of 429 dwarf bush honeysuckle. The city will take over the care of the median two years from the established maintenance date which date is to be agreed upon by co- inspection by county staff and city forester. Hustad moved to approve the plan and agreement to take over the maintenance of the median after the two year post planting maintenance period is met and if all city conditions are met. Motion carried unanimously. CONSIDERATION OF THE PLANNING COMMISSION'S RECOMMENDATIONS REGARDING THE INTERIM DEVELOPMENT MORATORIUM INCLUDING PROPOSED RESOLUTION AMENDING THE COMPREHENSIVE PLAN, AMENDMENTS TO THE COMMERCIAL ZONING CODE ORDINANCES, AMENDMENTS TO THE LICENSING ORDINANCES, STUDIES AND RESOLUTIONS RELATED TO ADULT USES, PAWN SHOPS AND HIGH IMPACT SECOND HAND GOODS STORES AND AMENDMENTS TO THE INTERIM DEVELOPMENT MORATORIUM Hoyt summarized the proposed zoning code changes and proposed resolutions and ordinances relating to the commercial development moratorium. The material proposed had been the subject of a workshop held with the Planning Commission on March 9, 1994. After the summarization the change to incorporate pool halls and billiard parlors as a conditional use was discussed. One of the conditions listed was "no electronic games as a primary, secondary or accessory use Jacobs suggested it be changed to read "no electronic games." Gehrz inquired about the parking accommodations and exit /entrance requirements for this type of establishment. After a short discussion, Gehrz made the motion to accept all amendments, resolutions and ordinances recommended by planning commission relating to the interim development moratorium. Motion passed unanimously. Page 3 Council Minutes March 23, 2994 R -94 -12 A RESOLUTION AMENDING A PORTION OF THE CITY'S COMPREHENSIVE PLAN RELATING TO COMMERCIAL /BUSINESS AREAS 0 -94 -05 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 9 OF THE CITY CODE RELATING TO ZONING 0 -94 -06 AN ORDINANCE AMENDING CHAPTER 5, SECTION 1.03 OF THE CITY CODE RELATING TO REGULATION OF SPECIFIC BUSINESSES AND PRODUCTS BY ADDING REGULATING AND LICENSING OF THERAPEUTIC MASSAGE ENTERPRISES AND PRECIOUS METAL DEALERS 0 -94 -07 AN ORDINANCE AMENDING CHAPTER 5, SECTION 4.01 OF THE CITY CODE RELATING TO LICENSE FEES FOR A PRECIOUS METAL DEALER AND THERAPEUTIC MASSAGE ENTERPRISES R -94 -13 A RESOLUTION REGARDING NEGATIVE SECONDARY IMPACT FINDINGS FROM ADULT USES R -94 -14 A RESOLUTION RELATED TO LOCATION OF PAWN SHOPS AND HIGH IMPACT SECONDHAND GOODS STORES Page 4 Council Minutes March 23, 2994 0 -94 -08 AN ORDINANCE AMENDING SECTIONS 5 -5.01, 5 -5.02 AND 5 -5.04 OF THE CITY CODE RELATING TO AN INTERIM DEVELOPMENT MORATORIUM ON COMMERCIAL ZONING DISTRICTS R -94 -15 RESOLUTION AUTHORIZING THE PUBLICATION OF A SUMMARY OF THE ORDINANCES 0- 94 -05, 0- 94 -06, 0- 94 -07, AND 0 -94 -08 REQUEST FOR AUTHORIZATION TO SEND THE FINAL NOTICE OF TERMINATION FOR THE CITY'S CURRENT POLICE CONTRACT The city's current police services contract requires a final notice of termination letter be sent not before April 1, 1994 and no later than May 31, 1994. Administrator Hoyt requested authorization to send this notice of final termination so the city is able to negotiate a new police contract after proposals are received on April 8, 1994 to start on January 1, 1995. Gibson Talbot moved to authorize mailing of final termination letter. Motion carried unanimously. PROCESS FOR REQUEST FOR PROPOSALS FOR POLICE SERVICES Police proposals will be received by 4:30 p.m. on April 8, 1994. After Hoyt's reviewal of proposals for completeness, Gehrz and Jacobs will meet with Hoyt and organize the proposals' responses into a format that is useful for comparing the proposals' services and costs. They will use a format that helps demonstrate how closely the proposals meet the city's police service needs. Gehrz, Jacobs and Hoyt will then meet with the fire chief, assistant chiefs and rescue captains to receive their comments on the fire /rescue portions of the proposals and on how closely they feel that these organizations' proposals can meet their specific needs. The proposals, the information grid and a summary of all other relevant information will be provided to the mayor and councilmembers for their review. Representatives of all organizations submitting a proposal will be invited to present their proposal to the mayor, council and public at a council meeting and to respond to questions (probably on April 27, 1994). Also at this meeting or at a subsequent meeting, council shall discuss the merits of the Page 5 Council Minutes March 23, 1994 different proposals and direct Administrator Hoyt on points to discuss or negotiate with a particular police provider or providers. Following further discussions with a police provider or providers, council will be presented with any additional information on the proposal(a) at a subsequent council meeting. Based upon this additional information, the council may adopt a police service proposal for 1995. At the same meeting that council adopts a police proposal, the council shall direct Administrator Hoyt and Attorney Bachman to draft a contract that covers the service and costs described in the proposal that the city council approved. APPROVAL OF PUBIC WORKS /PARKS SUPERINTENDENT JOB DESCRIPTION AND AUTHORIZATION TO ADVERTISE FOR THE POSITION With the anticipated June 30th retirement of public works foreman Vince Wright, staff is making preparations for hiring a replacement. Staff recommends a hiring date of June 1st. A job description was drafted which outlines the primary objective of the position, major areas of accountability, and the knowledge, skills and abilities considered necessary to perform the job. Staff recommended advertising for the position in the Sunday, April 3rd and April 10th edition of the Star /Trib and St. Paul Pioneer Press newspapers, the Focus and the League of Minnesota Cities bulletin. All metro area cities will be advised of the position opening as well. It is hoped staff will have a recommendation for appointment at the May 11, 1994 council meeting. Gehrz moved to approve the job description and to advertise in the manner described above. Motion carried unanimously. ADJOURNMENT The meeting was adjourned at 8:08 p.m. Tom Baldwin, Mayor Patricia Phillips Interim Secretary COGENT CONSENT CONSENT CONSENT CONSENT CONSENT Meeting Date: 4/13/94 Agenda Item: C 1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Disbursements SUBMITTED BY: Tom Kelly, Finance Director REVIEWED BY: EXPLANATION /SUMMARY: a. General disbursements through 3/31/94, $21,492.77 b. General disbursements through 4/7/94, $9,298.26 c. Payroll, 3/16/94 to 3/31/94, $10,561.08 ACTION REQUESTED: Approval ONS: ANT::: :::::..:..MO:N..��...ET 6 1.. DATE 03/31/94 TIME 10:07 CITY OF FALCON: HEIGH COUNCIL REPORT PAGE 1 APPROVAL OF BILLS PERIOD ENDING: 03/31/94 r CHECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT 0) s I ABLE HOSE RUBBER, INC. REPAIR EQUIPMENT FIRE FIG 51.77 LINEN SUPPLY CO. 3715 29 LINENS- Fi RE- 73.-53 1 AMERICAN NATIONAL BANK 1ST HALF BOND FEES 84 TIF B 262. 32 l.�' AMEBA S CAN NATIONAL BANK ST- HALF BOND FEES 84- Ti -F=$- c5. -e10- TOTAL FOR AMERICAN NATIONAL BA 287.32 ,I BOARD OF WATER COMMISION- 21 TG- 3/16-- WATER-- B6) i -LDING 14.-77-- !1 4 BOARD OF WATER COMMISION 2/11 TO 3/16 WATER PARK MAI 18.82 1=f I. TOTAL FOR BOARD OF WATER COMMI 33.59 _11171 CASH 1. CASH SUPPLIES ADM I N I ST 5.44' 1a CASH POSTAGE ADM INIST 30. POSTAGE FIRE FIG 2. 00 iizo TOTAL FOR CASH 37.44 i a E-E RE£YGL I NG, I NE: MARCH- RECYGL NG 83-T -1F-B- E, 38S. 1 CITY OF FALCON HEIGHTS 1ST QTR SEWER BUILDING 60 83 1 25'. C I flF FALCON -HE I f GHTS 1ST T SEWER— PARK -MAC- 1CC 2- 5- TOTAL FOR CITY OF FALCON HEIGH i F FIRE INSTRUCTORS -ASSN. MN- TRAINING BOOK 1-1 RE-- X3 7" FULLER' S RADIO SALES REPAIR RADIOS FIRE FIG 262.77 INSTY- PRINTS PLUS SPRING REC FLYER PARK. PRO- 480.95 1 24' HENNEPINI TECHNICAL: COL C ODE ENFORCEMENT- -COURSE- 4"IRC PRE-- -90 00 3c1 KELLY, TOM LUNCH MEETINGS FINANCE 21. F, KELL 1 TOM 21 1-8-T0-3/-31 -M ILEAGE FINANCE 14. 25 TOTAL FOR KELLY, TOM •S5. 25 Li, DAVID W. KRIESCL, INC- -IS-T- QTR- PLBG- INSPEC. PL ANN-114 5 1480= C1 1, LEAGUE OF MN CITIES DEDUCTABLE ON WORK COMP RISK MAN" 271.35 4 .I LEONARD, STREET DEINARD 2/16 TO 3/15 LEGAL LEGAL -11 „„vc 516,67 MIDWEST- BUSINESS- PRODUCTS-- 1ARIOUS- SUPPLIES- ADM- N ST� 2, 5 )4) I� MIDWEST DELIVERY SERVICE VARIOUS DELIVERIES ADMINIST 20.60 I '1 MIDWAY COMO MONITOR PAPER SUBSCRIPTION ADM INIS 12. 00 1 5 1 1 MN DEPARTMEN REVENUE -3/31- STATE TAX -'-ADM -Nl 564 4'1- 41 MODERN OFFICE CROWD CONTROL POSTS GENERAL. 562. 08 11 I56 1 NSP FEBRUARY ELECTRIC EMER6EW 6 28 1 5 7 NSP "FEBRUARY ELECTRI PARK MR 153. 61 r DATE 03/31/94 TIME 10:07 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2 Th APPROVAL OF PILLS PERIOD ENDING: 03/31/94 CHECK* VENDOR NAME DESCRIPTION DEPT. AMOUNT "9,. NSP FEBRUARY ELECTRIC SANITARY 176.89 TOTAL FOR NSP 336.78 NSP MARCH STREET LIGHTS STR. LIG 2,019.38 NORTH STAR STATE- BANK 3/31- FEDERAL- TAX ADMINIST 2,987.10 ROSEVILLE AREA SENIOR SENIOR COUNCIL DONATION LEGISLAT 1,440.00 PERA 3/31 PERA ADMINIST 1,135.75 s PAKOY;- 'GENE 1ST- GTR HEATING INSPEC. PLANNING 311.25 RAMSEY COUNTY MARCH INSURANCE ADMINIST 2,590.93 RAMSEY- COUNTY AUDIT INFORMATION FINANCE 7.00 4 RAMSEY COUNTY FEBRUARY SNOWPLOWING STREETS 3,670.04 TOTAL FOR RAMSEY COUNTY 6,267.97 SUPER AMERICA FUEL FIRE FIG 54.65 j SUPER AMERICA FUEL STREETS 25.08 SUPER AMERICA FUEL PARK ._MAI= 59.44- r SUPER AMERICA FUEL STORM SE 26.15 SUPER AMERICA FUEL RESCUE S 15.89 TOTAL FOR SUPER AMERICA 181.21 9 SWEET COMPUTER SERVICES AMBULANCE SOFTWARE SUP RESCUE S 207.68 I,' T.A. SCHIFSKY SONS 1.29 TONS OF ASPHALT STREETS 38.70 UNITED LABORATORIES BATHROOM- CLEANSER-- 173.67- r-n USWEST COMMUNICATIONS PHONE SERVICE PARK R 110.15 TOTAL FOR BANK 01 21 492.77 GRAND TOTAL aa 21, 492. 77 1 44 4 65 i4' 6. DATE 04/07/94 TIME 09:43 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1- APPROVAL OF BILLS PERIOD ENDI NG: -04/ -07/94 CHECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT BROWNING- FERRIS IND. APRIL RUBBISH BUILDING 140.53 COLONIAL INSURANCE STD INSURANCE FIRE FIG 16.00 COLONIAL INSURANCE STD INSURANCE FIRE PRE 36.45 TOTAL _FOR- COLONIAL_, INSURANCE 52.45 EMERGENCY APPARATUS MAINT OIL CHANGE FIRE FIG 2.2.04 EMERGENCY APPARATUS._ MA I NT PUMP SAFETY -CHECK ____..___FIRE FI G 373,7 TOTAL FOR EMERGENCY APPARATUS 595.79 FDCUS _NEWSPAPERS ORDINANCE .PUBLICATIONS LEG I SLAT 155.22_ HERMES FLORAL COMP. FLOWERS FOR JAY'S FAMILY EMPLOYEE 30.63 IVERSON, TERRY MARCH MILEAGE FIRE PRE 59.92 _KONI CABUSI_NESS MACHINES_ COPIER _MAINTANCE ADMINIST ._..__1,298.00 DAVID W. KRIESEL, INC. APRIL BLDG INSPECTIONS PLANNING 500.00 LEIER MAINTENANCE SERVICE SPRING SWEEPING STREETS 5,150.00 J1-75 RUILDING MAINTENANCE MARCH CLEANING BUILDING -154.43___._ METRO FIRE FIRE CLOTHING FIRE &RE 485.19 N. SUBURBAN GAVEL ASSOC. LEADERSHIP DINNER FIRE PRE 15.00 OXYGEN SERVICE __COMPANY .__.._._RESCUE __AIR RESCUE S_- -_23.96__ ROAD RESCUE, INC. REPAIR PAGER CASES FIRE FIG 42.70 SCHARBER SONS PREP LAWN MOWERS PARK MAI 104.01 __SMEAL FIRE -ECIUI PMENT_CO. CLEAN CLEANJ!1SA EQU I PMENT.:___ _F_I RE _FIG____ 5.20__ SUBURBAN HARDWARE TOOLS 35.31 SUBURBAN_. HARDWARE _TOOLS SUPPLIES 1.30.:5_ SUBURBAN HARDWARE TOOLS SUPPLIES 22.71 TOTAL FOR ,SUBURBAN HARDWARE 188.64 TAFF, SUSAN HOYT APRIL MILEAGE ADMINIST 165.00 TOLL. _COMPANY FIRE AIR 47. 4.3 USWEST COMMUNICATIONS PHONE SERVICE PARK R 54.16 TOTAL FOR BANK 01 9,298.26 GRAND TOTAL 9,298.26 c PERIOD END DATE 03/31/94 *FILE NOT UPDATED PAGE 1 SYSTEM DATE 03/30/94 C H E C K R E G I S T E R CHECK CHECK EMPLOYEE NAME -£HECK --CHECK TYPE DATE NUMBER NUMBER AMOUNT 0 3 30 94- 1-- BALDWIN, THOMAS 22182 300.31 0 3 30 94 6 GEHRZ, SUSAN 22183 277.05 0 3 30 94 8 JACOPS, SAM 22184 277.05 0 3 -30:94 10- JAN GIBSON TALBOT 22185 169 .05 0 3 30 94 11 JOHN HUSTAD 22186 277,05 0 3 30 94 30 BAUMANN, NICHOLAS 22187 122.78 0 -3 30 -94 31- BERNDT,- ROSS 2218& 38. -18 0 3 30 94 34 KURHAJETZ, CLEMENT 22189 293.77 0 3 30 94 38 MORGAN, JAY 22190 32.75 0 3 30-94 40 ANDERSON, KEVIN- ----------------2€1-9-1------4.-J..7. 0 3 30 94 42 CLARKIN, MICHAEL D. 22192 27..70 I. 0 3 30 94 48 HOLMGREN, JOHN H. 22193 58.18 0 3 30 94- 49 LeMAYa DOUGLAS -22194 44.64 O 3 30 94 56 PETERSON, GREGORY S. 22195 26.17 0 3 30 94 61 DENNIS G. LEMAY 22196 104.67 _0 -3 30 94 1001 CHENOWETH SHIRLEY 22198 344.74 0 3 30 94 1002 TAFF, SUSAN HOYT 22199 1359.80 O 3 30 94 1003 IVERSON, TERRY 22200 941.90 0 3 30 94 1004 -KELLY THOMAS �cc01_ 1161, -38-_ 0 3 30 94 1005 KRIEGLER, CAROL 22202 523.21 0 3 30 94 1006 MORGAN, JAY 22203 846.46 0 3 -30 94 1007 PHILLIPS, PATRICIA 22204 742.25 0 3 30 94 1008 SWENSON, DELORIS 22205 701.01 0 3 30 94 1009 WRIGHT, VINCENT 22206 976.23 0 3 30 94 1031 TREEFUL, LINDA 22207 242.93 0 3 30 94 1033 TRETSVEN, DAVE 22208 547.15 O 3 30 94 1040 SKELLY, JERRY 22209. 78.50 *TOTALS 10561. -08 -0 Consent Consent Consent Meeting Date: 4/13/94 Agenda Item: C -2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Licenses SUBMITTED BY: Dee Swenson GENERAL CONTRACTOR John Erler #3066 TREE TRIMMING /REMOVAL A -1 Walsh #3065 ACTION REQUESTED: Approval of licenses Meeting Date: 4/13/94 Agenda Item: C 3 CITY OF FAL CON HEIGHTS REQUEST FOR COUNC /L CONSIDERATION ITEM DESCRIPTION: Appointment of Paul Martinez to the Human Rights Commission SUBMITTED BY: Mayor Tom Baldwin EXPLANATION /SUMMARY: Mr. Paul Martinez of 1416 California Avenue is requesting an appointment to the Human Rights Commission. His application for the position is attached. ACTION REQUESTED: Appoint Mr. Paul Martinez to the Human Rights Commission. CITY OF FALCON HEIGHTS COMMISSION /COUNCIL APPLICATION DATE: Z NAME: Al ADDRESS: C.f42' ,14-1/, A) PHONE: (H) 6 -ll.9 (W) i 23 HOW LONG AT ABOVE ADDRESS? lei IN WHAT CAPACITY DO YOU WISH TO SERVE? W, tS� REASON YOU WISH TO SERVE ON ABOVE: l 34 ,sue .r,...- �a. ft -C l rY PRIOR PUBLIC (OR RELATED) SERVICE: u0�_ s ekt2K__>•51 i�t r s A AI -n 2 a 4 •L. -irl- s-- ti7 i OTHER RELEVANT BACKGROUND (OR COMMENTS): S N v CON �y■:.:::.;:.;:.;;:.::: p■ ............:;vi }v:: is ^Xi�i:4i: �i• }iii: �.i •i T: iii}:• i}i i;::::.:::::::::::^:. i} ii :4 }ii;::::::::::: �n, i. ;�i.rry■y is .i�:. ii Ti: iiiit: i:: 4} ii::{ 4: i:::::::::::: }::y::::j; T :ti::ijiSii �;T Meeting Date: 4/13/94 Agenda Item: C 4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for a variance for to chapter 9 4.01 subdivision (4) of fifteen feet three inches (15' 3 to the required thirty foot rear yard setback and to chapter 9 2.04 subdivision 1(c) of two feet three inches (2' 3 to the required five foot side yard setback for 1775 Asbury Street SUBMITTED BY: Mr. Theodore Wiger, Property Owner Ms. Patricia Brugge Wiger, Property Owner REVIEWED BY: Planning Commission Susan Hoyt, City Administrator Phil Carlson, Consulting planner EXPLANATION /SUMMARY: This appears as a consent agenda item because it is a unanimous recommendation on the variance request and, therefore, practice is to put it on the consent agenda unless requested for discussion at the meeting. Background At its February 28, 1994 meeting, the planning commission reviewed a request for the variance described above for the construction of a two story addition and two story attached garage to the rear of the dwelling at 1775 Asbury Street. Prior to checking on the city's zoning code setback requirements, Mr. Wiger spent several months designing the proposed addition. He was informed about the zoning code requirements in mid February, 1994 when he submitted a site plan to the city for review. Although the lots between Asbury and Snelling Drive between Ruggles and Crawford are not atypically small in area for Falcon Heights, the Wiger lot is 7,545 square feet and Northome lots are 6,125 square feet, these lots are shallower at 75 feet and wider at 96 feet. On most Falcon Heights lots it is possible to add onto the rear of a dwelling without a variance because the rear yard is often 50 feet deep and the rearyard setback from the property line is only 30 feet. However, due to the shallow lot the Wiger's proposed two story addition would come within 14 feet of the rear yard line, well into the required rearyard setback of 30 feet. Unlike most Falcon Heights homes which are on or very near the 5 foot sideyard setback line, the Wiger house is substantially further (27 feet) from the south sideyard requirement of 5 feet. The neighbors at 1780 Snelling Drive, to the rear of 1775 Asbury, object to the proposed addition because it would encroach on the privacy in their rearyard, which is the only part of their property not impacted from traffic along Snelling Avenue. Given that the variance request was substantial and design alternatives were available without such a substantial variance, the commission recommended that the property owner re- configure the proposed addition to use the available side yard area and, therefore, require a less substantial variance at the next meeting. For example, adjacent property owners to the north and south of 1775 Asbury constructed additions into their sideyards. Because the property's front and rear setbacks are at 28 feet rather than the required 30 feet, a variance is required to keep the same front and rear setbacks. In Falcon Heights most homes can be added onto with a rear yard addition because the rear yards are often 50 feet deep (not 28 feet), but they cannot be added onto in their sideyard because they fall too on or within a foot or two of the sideyard setback requirement of 5 feet. Recommendation The Wigers did not resubmit new plans for the addition for the March 28, 1994 meeting because they were not prepared to develop one that did not require a substantial rearyard variance with the major addition going onto the side of the structure. At the March 28, 1994 planning commission meeting, the commission recommended denying the variance. The commission recommended denial of the request for a variance because they determined that it did not meet the standards for granting a variance (attachment A). The commission considered that: 1. The property owner must a hardship in order to have a variance granted. 2. Any past variances granted by the city, and any building or site improvements that do not conform to the city's zoning code, do not create a hardship for a property owner requesting a variance, and therefore, are not a reason for granting a variance. Although there are some existing structures which encroach into the rear yard further than the 30 foot rear yard setback along this block with the shallow Tots, the city records do not show that any variances were granted for this purpose. No additions appear to be two stories in height. Two building permits for rear yard additions were found in the files. 3. A property owner's preference for how the interior space is arranged in a home or how the exterior of a home is designed are not identified as a hardship standard for granting a variance. If a variance was the only way to preserve the architectural or historical significance of a structure, this might meet the standards for granting a variance. The proposed addition of a two story attached garage to this two story home will change the exterior appearance and symmetry of the structure. 4. A fence, even a six foot high fence, or a tall hedge, will not eliminate the impact of a two story garage and house within fourteen feet of the neighboring property to the west because the addition will be substantially higher than the fence or landscaping. 5. The variance request does not meet the standards for granting a variance. Additional specific points in the discussion included that: The property is not unusually small in area for Falcon Heights. There are three blocks that are configured in this manner in the city. There is an alternative method for constructing an addition to the property that does not require a substantial variance. Any additional cost for constructing to the south of the property instead of to the west of the property is not a reason for granting a variance. The adjacent property value at 1780 North Snelling Drive might be negatively affected by the addition of a two story home 14 feet from its rearyard, which is also quite shallow. (The variance does not require that a dollar amount to be assigned to a loss of property value, but that it bebased upon a commissoner's sense of whether or not 1780 North Snelling would be more desirable, Tess desirable or remain the same as a result of granting the variance for the neighbor to the east.) ATTACHMENTS: A Standards for granting a variance B Proposed site plan with alternative areas C Staff report on variance request for February 28, 1994 meeting D Letter from property owner E Updated report at March 28, 1994 planning commission meeting F Minutes of meeting ACTION REQUESTED: Deny the variance request for the addition and the garage. The request for the garage variance was denied because it is an integral part of this project. (The property owner may submit new plans at any time in the future for review.) If discussed off the consent agenda: 1. Begin with a brief staff review and report on the project 2. If desired, request the property owners and neighbors to speak. 02/18/94 11:54 1,812 337 5801 DST, INC. tEl vvv /v,.i B Attachment D c p D�77f'tT1d'J�}s M 3r Y 14 5 sp• r- I 1 (AV 0 1 E7''''ck 7 6At-AaE. i t a itznrri YZ2' /54 -21-' I. fca��N� f r a tat ze' Available Lot Area I c City of Falcon Heights Planning Commission Meeting date: 28 February 1994 Agenda item: ITEM: Request for a variance to Chapter 9 -4.01 Subdivision (4) of fifteen feet three inches (15' -3 ")to the required thirty foot rear yard setback, and to Chapter 9 -2.04 Subdivision 1(c) of two feet three inches (2' -3 to thee required five foot side yard setback for 1775 Asbury Street SUBMITTED BY: Theodore Wiger, property owner REVIEWED BY: Philip Carlson, AICP, City Planning Consultant INTRODUCTORY COMMENTS: About six weeks ago Mr. Wiger spoke to the city's building official about plans for an addition to his home. The building official asked him to bring in a site plan with the proposed location of the new garage and addition to his home to see how it conformed to the zoning code. Mr. Wiger did so in mid February. After reviewing the site plan it became clear that Mr. Wiger needed a variance in the sideyard for his 44ifr" proposed garage and in his rearyard for the addition to his home. (P 2,51, Mr. Wiger's lot is 96 feet wide and 75 feet deep with a total square footage f 7,54 square feet. The area of the lot is not unusual for Falcon Heights residential lots. However, the lot is narrower than many lots, which are often 120 or more feet deep. Therefore, a variance in the thirty foot rearyard setback is required for the proposed construction. Neighboring property owners 1780 N Snelling Drive Dr. and Mrs. Olsen, the property owners at 1780 North Snelling Drive, to the west and rear of the Wiger home on Asbury, expressed an understanding of why a larger home would be desirable for the Wiger family. However, they have two concerns about how it would affect their property. They fear that the two story addition will be slightly over fourteen feet from their property line and will infringe on their privacy in their rear yard, which is not very large. They stated that they cannot use their sideyard because it is very noisy from the traffic along Snelling Avenue. They are concerned about the resale value of their home with a structure 14 feet from their rear lot Tine. 1<7SS sb ry: treetz The property owner expressed support for the improvement to the property because she fears that property will not be improved and may deteriorate if it isn't upgraded. 1 1777p.zm'i. This property is not contiguous to Mr. Wiger's property. It is to the southwest of the Wiger property. Mr. Zappa said that the variance request does not affect him and, therefore, he has no objection to it. He supports improvements to the homes in the neighborhood. Planning Commission Date: 2/28/94 Agenda Item_ ITEM: Request for variances to §9 -4.01 Subd. 4(c) of fifteen feet three inches (15'x'') to the required thirty -foot rear yard setback, and to §9 -2.94 Subd_ 1(c) of two feet three inches (2' -3 to the required five -foot side yard setback for 1775 Asbury Street SUBMITTED BY: Theodore Wiger, property owner REVIEWED BY: Philip Carlson, AICP, City Planning Consultant EXPLANATION/DESCRIPTION: Mr. Wiger is requesting variances to the rear yard setback and side yard setback in order to construct a two -story addition to the house and a new two -story double garage. The addition and garage are shown on the attached site plan sketches. There are two separate variance requests, although they are part of one integrated building project. They will be discussed together in this report, but there are two separate staff recommendations, and the Planning Commission should make separate recommendations on the two requests. The rear yard setback variance is requested in order to accommodate expansion plans for the kitchen, living room, dining room, and upstairs bedrooms. The applicant believes it is necessary to extend west, encroaching on the rear yard, instead of south into the available lot area on the south side of the house. The side yard setback variance is requested to accommodate a new 22 -foot wide garage, replacing the existing 18 -foot wide garage, which is in poor shape and too narrow by today's standards. Staff Analysis: The Wiger lot is below the minimum size requirement for the R -1 District. The lot is 79' x 96', or about 7,545 square feet in size; the ordinance minimum is 10,000 square feet. The width is adequate, but the depth is less than typical or desirable. The ordinance states, in §9 -2.03, that such a non-conforming lot may not be more intensively developed Many of the lots on the block between Asbury and North Snelling Drive are of similar dimensions as the Wiger lot Even though the existing lot and house are non conforming as to area, they are conforming in their use, and the ordinance standards in §9 -2.02, Subd. 8(b) and 9(a) apply. These standards allow alterations, additions, or enlargement of non- conforming uses as long as all other standards (including setbacks) are adhered to. The proposed project does not meet this test, since both the house and garage need setback variances. 02/23/94 17:23 04512 337 5801 DSU, INC. 11003/005 Wlger/Variances 2/28/94 2 The existing house is only slightly non conforming with respect to the front and rear setbacks, both of which are about 28 feet now, compared to 30 feet required by ordinance. Many of the homes on the block between Asbury and Snelling are in the same situation and have front and rear setbacks slightly less than the 30 feet required, but all appear to be at least 25 feet. None are as small as the 14' -7" setback requested by the applicants here. The nearby corner houses on Garden Street face perpendicular to the side streets and are separated by about 10 feet. But this is a side yard condition, not a rear yard. '4 The existing detached garage conforms to the required setbacks. it is set back 6' -9" and 8' -7" from the side and rear yards respectively. The required setback for both side and rear is 5 feet. The "rear 20 rule from §9 -2.04 Subd. 1 (c), which would allow a 1 foot setback, does not apply here. It only applies if there is an alley at the rear of the lot. The proposed project will result in the following: 1) The rear setback for the house will be reduced from 28' -7" down to 14' -7 requiring a substantial variance from the required 30 feet. The proposed addition is two stories tall, which makes the situation even more intrusive. 2) The side setback for the new garage will be reduced from 6' -9' to 2' -9 also requiring a variance, but a small one, from the required 5 feet. 3) The rear setback for the new garage will be reduced from 8' -T to 5' -7" no variance needed. 4) The front setback for the house will not change no variance needed. Many of the lots on this block are of similar size to the Wiger lot and face the same constraints: adequate width, but less than adequate depth or area. Some lots in the area have been combined or rearranged to make larger lots, including the neighboring lot at 1789 Asbury. Even on the smaller lots, the homes and garages in the immediate vicinity appear to follow a common pattern: homes set back almost 30 feet both front and rear, garages set back 5 feet side and rear. Even though the Wiger lot is small, there is room to expand on the south side of the house without needing a substantial variance. The applicants have chosen instead to expand to the west, Into the rear yard. While the existing house may pose some difficulties in expanding to the south, this has to be weighed against the public interest in encroaching into the setback areas. The rear yards on this block are already shallow and the houses seem very close to one another. To allow an encroachment other than a garage would break the pattern that exists in these rear yards, and set a negative precedent. 02/23/94 17:23 1T812 337 5601 DSU, INC. 4004 /005 WigerNariances 2128194 8 Although some area residents have indicated they do not object to the project and encourage property improvements, there have been objections raised by some neighbors over the encroachment into the rear yard, especially since the yards are tight now, and the proposed addition and garage are both two stories tall. Conclusion The criteria for considering variances in §9 -15.03 Subd. 4 include consideration of the effect on property values and whether there is a hardship with the lot in question because it is substantially different from other properties in the same zoning district. In our opinion, the significant encroachment on the rear yard would have a negative effect on surroundng properties, and we find that there are neighboring lots of similar size and shape which have not encroached on the rear yards. The rear yard variance request is due to decisions by the owner and not to something inherent in the property. Also, the applicant needs to demonstrate that he cannot meet the ordinance standard without causing a hardship. It has not been shown that expanding the house to the south (where no variance would be needed) would create a hardship_ The rear yard variance, therefore, is not justified. If expansion to the south is considered, there is as much lot area available on the side as there is for the proposed addition to the rear. In other words, there would be no penalty in square footage for choosing to go south instead of west. The attached sketch, Available Lot Area, shows that the proposed addition covers about 546 square feet of lot, whereas the available lot area to the south within the setbacks is almost 600 square feet. There is also additional lot area within the setbacks to the north of the existing house about 150 square feet that could be used as well. The applicant says he has considered these options, but we are not convinced that a design professional has exhausted all the possibilities. In our experience, the difficulties cited by the applicant can usually be overcome by an experienced designer. The side yard variance request for the garage is necessary to avoid a hardship, we believe, because a two -car garage of adequate width and depth can be considered a necessity in today's world. The effect on the side yard is Tess than the effect on the existing house if the new garage were to be located further south toward the house. The side yard variance, therefore, is justified. ATTACHMENTS: A Location Map B Property Owner's Statement C Site Plan D Available Lot Area 02/23/94 17:24 $`612 337 5601 DSt1, INC. la 005/005 WigerNarlances 2/28/94 4 Staff Recommendation and Action Requested: The Planning Commission has several options: 1) Approve both the rear and side setback variances as requested by the applicant. 2) Deny both variance requests. 3) Approve the side setback variance for the garage, and deny the rear setback variance for the addition. 4) Continue the item to the March meeting to allow the applicant time to develop and refine alternative plans that would need little or no variance, and to continue discussions with City Staff. We recommend the fourth option and urge the applicant to work with design professionals who can advise him on the feasibility of expansion plans that would make use of the available lot area to the south and north of the existing house, where a substantial variance would not be necessary. 02/18/94 11:52 0812 337 5801 DSII, INC. liti 005/011 o o p Attachment 0 o i 0 0 0 0 0 0 o Q o 0 0 o o +o t 1 o o o e t 0 1 0 10 0 0 0 3 0 0 NI CARL o 0 0 }C LL a- WI-71/61,5 Q o 0 o o a Q o o o 0 o 0 O 4 a 0 o• cs o 0 0 Q p o 9 O 0 73 O ti a 0 Q 0 0 O 0 0 0 0 0 0 .0 0 o 0 O 0 p 0 4 0 o 0 z 0 0 o 2, o c— o to vin o O c o 0 d o CO o C.9 O 0 p 0 fl CRM 1 .1• ,0 o o o 0 o 0 ler 0 E ll• a ll' LAR} Location 1331E Map, HARVEST N vo A STATES i 02/18/94 11:52 'x612 337 5601 DSU, INC. fa 006 /011 -dyt� Attach. D Zip L� f� I� �4•�CrG77 rj "e324,„. I A e" 7 te /2g cam £2,7= r-��..�c. 2 of ../4c .tea /4_ -ietiEsit (dee_a_a_ 5 a-sez*,- )14- "1" Vj e t ,t* eae j a. .geAcor_cix7/ 01 44, eer-"0"...,)f lOrre U 1 ��C 1 02/18/94 11:52 11612 337 5801 DSU, INC. tI 007/011 p� GL_ Cam. :6_' 'vf e l ritz r t c� v f f h t,(rti 4 /4„ erza-ti f /J� L 6e,L. ,th_ reers: 6.4e-614, Aeet;ec?-v d�u-t 1 �1 N /a4 'TA E)) /'47-Ri c irA ,g Attach. E City of Falcon Heights Planning Commission 28 March 1994 ITEM: Consideration for a request for a variance to Chapter 9 4.01 Subdivision 4 of fifteen feet three inches 15' 3 to the required thirty foot rear yard setback, and to Chapter 9 2.04 Subdivision 1(c) of two feet three inches (2'3 to the required five foot side yard setback for 1775 Asbury Street SUBMITTED BY: Theodore Wiger, property owner REVIEWED BY: Phil Carlson, AICP, planning consultant Susan Hoyt, City Administrator ADDITIONAL INFORMATION FROM FEBRUARY 28, 1994 MEETING: Commission suggestion. The planning commission deferred the decision on the request for a variance for a sideyard and rearyard setback as requested by Mr. Wiger until the March 28, 1994 meeting in order to permit the property owner, Mr. Wiger, to revise his proposed construction plans to require a Tess substantial variance request than the one presented to the commission (see minutes and attachment 1). Communication with Mr. Wiger. On March 1, 1994 Mr. Wiger stopped by city hall to ask what his next step should be regarding the variance request. Staff explained that the commission suggested that he revise his plans so he does not require a substantial rear yard variance. Staff asked that plans be submitted by March 18 so they could be reviewed prior to the agenda being prepared for the planning commission meeting. This was followed up with a letter (attachment 2). After Phil Carlson further researched the city's non conforming use requirements as they apply to existing setbacks, Phil confirmed that Mr. Wiger would need a variance even if he maintained the current rear and front yard setback because they are at 28 feet rather the required 30 feet (attachment 3). (A non- conforming sideyard setback does not need a variance.) Staff informed Mr. Wiger of this by letter on March 9, 1994 (attachment 4). Although Mr. Wiger stopped by city hall for information on city setback requirements for all types of uses (garages, driveways, fences, additions) in early March, as of this writing staff has not received plans nor heard from Mr. Wiger about his plans. Page 2 28 March 1994 Communication with Mr. Olson. Mr. Olson continues to express his objection to the proposed two story addition which would be within 14 feet of his rear property line. Review of standards for granting a variance. As the attached staff report states this request does not meet the standards for granting a variance (green sheet) because there is space to the south of the house for the addition that would not require a substantial rear yard variance. When considering this request, please note that: 1. The property owner must demonstrate a hardship in order to have a variance granted by the city. 2. Any past variances granted by the city, and any building or site improvements that do not conform to the city's zoning code, do not create a hardship for a property owner requesting a variance, and therefore, are not a reason for granting a variance to a property owner. Although there are some existing structures which encroach into the rear yard further than the 30 foot rear yard setback along this block with the shallow Tots, the city records do not show that any variances were granted for this purpose. Two building permits for rear yard additions were found in the files. 3. A property owner's preference for how the interior space is arranged in a home or how the exterior of a home is designed are not identified as a hardship standard for granting a variance. If a variance was the only way to preserve the architectural or historical significance of a structure, this might meet the standards for granting a variance. The proposed addition of a two story attached garage to this two story home will change the exterior appearance and symmetry of the structure. 4. A fence, even a six foot high fence or a tall hedge, will not eliminate the impact of a two story garage and house within fourteen feet of the neighboring property to the west because the addition will be substantially higher than the fence or landscaping. Page3 28 March 1994 Staff recommendation: Deny the request for a variance including the request for the sideyard variance for the construction of the garage since this appears to be an integral part of the overall remodeling plans as currently proposed. ACTION REQUESTED: 1. Reconsider the variance request. (It is not necessary to have a complete staff report nor to repeat all the information presented at the February 28, 1994 planning commission meeting. Staff recommends that the commission briefly review the request and discuss whether it meets the standards for granting a variance.) 2. Recommend that the city council deny the request for a variance at its April 13 meeting. C CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 1 March 1994 Mr. Ted Wiger 1775 Asbury Street Falcon Heights, Minnesota 55113 (4) Dear Mr. Wiger: Thanks for stopping in this morning as a follow -up to last night's planning commission meeting last night. As I explained, I understood that the planning commission postponed the decision on your variance request until March 28, 1994 so that you would have time to revisit your remodeling plans and to draw some that do not require the rear yard variance. The next planning commission meeting is scheduled for March 28, 1994. Please provide us with your revised plans by March 18 so they can be reviewed. If your new plans do not require a variance in either the side yard or the rear yard setback, you do not have to go before the planning commission for their review. Please call me if you have any questions about this process. Sincerely, 4 Susan Hoyt City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE TREE crry ISA 4 0 PRINTED ON RECYCLED PAPER DAHLGREN S RDLOW AND UBAN ,.:,r CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS. MN 5=)301 MAR f 1994 6,13 3393300 f� 94 MEMORANDUM DATE: March 3, 1994 TO: Susan Hoyt, City of Falcon Heights FROM: Phil Carlson; Dahlgren, Shardlow, and Uban, Inc. RE: Wiger Variance/Front Setback, 1775 Asbury Street Related to our discussion about Mr. Wiger's variance application, it should be clear that even an addition to the south side that extends the existing front and rear edges of the house would need a variance, although a justifiable one in my opinion. The existing front setback of the house is 28' -0" and the existing rear setback is 28' -7 both less than the 30' required by ordinance. I referred in my previous planning report (first page, last paragraph) to §9 -2.02, Subd. 8(b) and 9(a), which require a non conforming house such as the Wigers' to meet all standards if it is to be enlarged. As you mentioned, the only exceptions are for interior side yard and corner side yard setbacks. We were concentrating on the rear setback since that was the focus of his proposal, but the same standard applies to the front setback. I implied this in the last line of the planning report, urging the applicant to expand south where a "substantial" variance would not be needed (as opposed to no variance). Therefore, even if Mr. Wiger expands as I had suggested in my sketch, he must apply for a variance to both the front and rear setbacks. I believe it would impose a "particular hardship" on Mr. Wiger to require him to meet the 30' front and rear setbacks, instead of extending the house flush with the existing setbacks. Meeting the 30' setbacks would create an awkward jog in the front and rear edges of the house, creating difficulties for construction. It would also create an aesthetic concern considering the design of the existing house, and it would impose a harsher standard on Mr. Wiger's use of the property, compared to the many neighbors in the area who enjoy similar front setbacks of slightly less than 30 feet, due to the vary shallow lots on these blocks between Asbury and North Snelling Drive. (C) C ITY OF FALCO N HEIGHT 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113 -5594 PHONE (612) 644 -5050 FAX (612) 644 -8675 9 March 1994 Mr. Ted Wiger 1775 Asbury Street Falcon Heights, Minnesota 55113 Dear Mr. Wiger: After you and I discussed your request for a variance last week, 1 asked Phil Carlson, the city's consulting planner, whether a variance would be required in your front and rearyard setback if you expanded to the southside of your home rather than to the rear because your current house does not meet the thirty foot front and rearyard setbacks. Phil said that any addition to the side of your home would require a variance in the front and rearyard setbacks from the 30 feet to 28 feet. He explained that this request for an addition to the side of your home would not be a substantial variance because it is consistent with the placement of the current house on the site. Requiring you to meet the 30 foot setbacks, instead of extending the house flush with the current dwelling at a 28 foot setback, would create an awkward jog in the front and rear edges of a proposed addition. Please call me if you have any questions about this. Sincerely, Susan Hoyt City. Admir+strator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE (1 -1• 1 PRINTEO ON RECYCLED PAPER lltEE Attach. F MINUTES REGULAR PLANNING COMMISSION MEETING FEBRUARY 28, 1994 7 P.M. PRESENT ABSENT ALSO PRESENT Tom Brace Kay Andrews Susan Hoyt, Administrator Wendy Treadwell Lee Barry Peter Bachman, Attorney Paul Kuettel Lisa Lampi Sam Jacobs, City Council Liaison Ken Salzberg Meeting was called to order at 7 p.m. by Salzberg in the absence of Chairperson Barry. Minutes of the January 24 meeting were approved as written. REQUEST FOR A VARIANCE TO CHAPTER 9 -4.01 SUBDIVISION (4) OF FIFTEEN FEET THREE INCHES (15' -3 TO THE REQUIRED THIRTY FOOT REAR YARD SETBACK, AND TO CHAPTER 9 -2.04 SUBDIVISION 1(c) OF TWO FEET THREE INCHES (2' -3 TO THE REQUIRED FIVE FOOT SIDE YARD SETBACK FOR 1775 ASBURY STREET. Administrator Hoyt explained that Mr. Mrs. Theodore Wiger would like to remodel their home and garage at 1775 Asbury Street. The Wiger lot is 96' wide and 75' deep with a square footage of 7,545. Because the lot is shallow, a variance in the thirty foot rearyard setback is required for the proposed construction. Hoyt said three neighboring property owners have responded. The property owners at 1780 N. Snelling Drive expressed concern that a two story addition 14 feet from their property line will infringe on the privacy of their rear year and will have a negative impact on the resale value of their home and so they would oppose granting of the variance. The resident at 1789 Asbury said that without additional information on the exterior house plans she could neither support nor object to the variance request at this time. The property owner at 1770 N. Snelling Drive indicated the variance request does not affect him because his property is not contiguous to the Wigers and, therefore, he has no objection to it. Hoyt introduced Mr. Phil Carlson, City Planning Consultant, who had reviewed the variance request. Mr. Carlson explained that the variance is requested by the Wigers in order to accommodate expansion plans for the kitchen, living room, dining room, and upstairs bedrooms and they believe it necessary to extend west, encroaching on the rear yard, instead of south into an available lot area. A side yard setback variance is also requested to replace the existing 18' wide garage to accommodate a new two story 22' wide garage. Mr. Carlson showed an aerial photo of the Wiger lot. The lot is below the minimum size requirement for the R -1 district. He said the width is adequate but the depth is Tess than typical or desirable and that such a non conforming lot may not be more intensively developed. The photo showed there are many shallow lots on the block between Asbury and North Snelling Drive similar to the Wiger lot. He said the ordinance standards in §9 -2.02 Subd.8(b) allow alterations, additions, or enlargement of non conforming uses as long as all other standards (including setbacks) are adhered to. Mr. Carlson stated that since both the house and garage need setback variances, the proposed project does not meet this standard. Mr. Carlson explained that there is room to expand to the south of the house without needing a substantial variance. He felt that because the rear yards on this block are already shallow and the houses close together, that to allow an encroachment other than a garage would set a negative precedent. Also, Mr. Wiger would need to demonstrate that he cannot meet the ordinance standard without causing a hardship. It has not been shown that expanding the house to the south where a limited variance would be needed would create a hardship, so Mr. Carlson felt a rear yard variance is not justified. However, the side yard variance request for the garage is necessary to avoid a hardship because an adequate size garage would be considered a necessity. Mr. Wiger, property owner, brought plans for the commission to review showing both the original and the expansion plans. He said that expanding to the south is not an option because the house is a colonial style home and cannot be expanded without making it look "added on Also, he explained, their side yard is used for recreation and they do not want to lose any of it. He said that if they expanded to the south, a good share of the house would have to be gutted, so to keep it within a reasonable price range and not lose side yard space, expanding to the west made more sense. Mr. Wiger explained the second story on the garage will be used for storage of airplane parts that are currently in a rental hanger. Neighboring property owner, Glen Olson of 1780 Snelling Drive, said that he would like to have the variance denied because the Olsons have a small back yard that is landscaped so he and his wife can enjoy some seclusion, especially from Snelling Avenue. He said if the variance were to be granted they would lose this seclusion. Mrs. Helms of 1789 Asbury was also present and expressed concern about the size and appearance of the proposed addition. Commissioner Salzberg asked Mr. Wiger if he would be agreeable to having the variance discussion continued to the March meeting thus giving him some time to investigate the feasibility of expanding to the south. Mr. Wiger said yes, if was necessary. After a brief discussion, Commissioner Brace moved to continue the item to the March meeting to allow the applicant time to develop and refine alternative plans that would need little or no variance, and to continue discussions with city staff. Seconded by Commissioner Kuettel and unanimously passed. A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR BASEMENT STORAGE OF APPROVED ITEMS AT 1533 TO 1559 WEST LARPENTEUR AVENUE, BULLSEYE SHOPPING CENTER [CHAPTER 9- 10.01, SUBDIVISION 2(b) OF THE ZONING CODE] Acting Chair Salzberg opened the public hearing at 8:07 p.m. There being no one wishing to be heard closed the hearing at 8:08 p.m. Hoyt briefly went through the proposed conditions for granting the conditional use permit. Because the commission had previously reviewed this request, they felt no further discussion was necessary and moved to recommend to the city council that the conditional use permit be granted with the following conditions attached: 1. That the shopping center continue to be in compliance with the current Minnesota Uniform Fire Code as it applies to structures of this age and construction including maintenance of sprinkler systems, storage of materials, access and other items identified in the fire code. 2. That loading and unloading of storage materials be done in a timely manner to minimize any obstructions in the alley. This loading and unloading should be between 8 a.m. and 8 p.m. on Mondays through Fridays and 9 a.m. to 4 p.m. on Saturdays to minimize disruptions to neighboring property owners. 3. That all storage items be light ordinary hazard class and shall not contain mixtures of other hazardous classes, specifically not including items gasoline, oil, batteries, tires and gasoline fired engines and other items considered hazardous by the fire marshal. 4. That no smoking signs be installed and visible in the storage area. 5. That no storage shall a. be over six feet high or within eighteen inches of a fire sprinkler head; b. be within thirty inches of mechanical and electrical flame sources c. reduce the access aisle from 44 inches to make it easy for fire personnel to move about in the space 6. That any stored items not specifically identified in the light hazard class be reviewed by the fire marshal and approved by the city administrator. 7. That an evacuation plan with proposed storage areas be submitted to the fire marshal for review and approved by the city administrator. Seconded by Treadwell and unanimously approved. ACTION ON ITEMS RELATED TO THE INTERIM DEVELOPMENT MORATORIUM INCLUDING A PUBLIC HEARING ON 1) PROPOSED AMENDMENT TO THE 1991 COMPREHENSIVE LAND USE PLAN BUSINESS SECTION; 2) PROPOSE AMENDMENTS TO THE CITY'S ZONING CODE 9 -1.02 DEFINITIONS SECTION 908.01,9.01 AND 10.01 COMMERCIAL DISTRICTS RELATED TO PURPOSE AND INTENT STATEMENTS, PERMITTED, CONDITIONAL AND ACCESSORY USES AND ADDITIONAL REQUIREMENTS 3) PROPOSED AMENDMENTS TO THE INTERIM DEVELOPMENT MORATORIUM 5 -5.01 FINDINGS AND PURPOSE, 5.02 APPLICABILITY AND 5.04 TERM Salzberg opened the public hearing at 8:12. There being no one wishing to be heard the public hearing closed at 8:13. After discussing all of the proposed amendments, a recommendation was made to change 9 -10.01 Subd. 2 (h) to read, Financial institutions with hours open to the public no earlier than 8 a.m. and no later than 6 p.m. An automatic teller machine may operate 24 hours a day. Treadwell moved to adopt the proposed amendment to the comprehensive land use plan, the city's zoning code with the recommended change in 9 -10.01 Subd.2(h) (hours of operation of financial institution) adopt all items related to the interim development moratorium as reviewed, and to schedule a workshop for March 9, 1994 with the city council to go over the entire package with them. Seconded by Brace and passed unanimously. Meeting was adjourned at 8:40 Susan Hoyt, Admi rator AI& ee Swenson, Rec. ding Secretary CONSENT CONSENT CONSENT CONSENT CONSENT CONSENT Meeting Date: 4/13/94 Agenda Item: C 5 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Authorization to enter into a contract for the demolition of 2061 W. Larpenteur Ave. SUBMITTED BY: Carol Kriegler, Park Recreation Director REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: City staff solicited bids to enter into a contract for the asbestos removal and demolition of the house, garage, shed and miscellaneous site features at 2061 W. Larpenteur. Bids were solicited from six demolition contractors of which four were received. Following are the bids: Carl Bolander Sons Co. $9,700.00 J D Enterprises of Duluth $8,788.00 Herbst Sons Const. Co., Inc. $7,500.00 Ray Anderson Sons Inc. $6,300.00 Ray Anderson Sons Inc. agrees to commence work as soon as possible after April 22, 1994 and to complete work on or before May 15, 1994. The city budgeted $10,000 for this expenditure. ACTION REQUESTED: Authorization to enter into a contract for the demolition of 2061 W. Larpenteur with Ray Anderson Sons Inc. for $6,300 out of the TIF construction fund. Meeting Date: 4/13/94 Agenda Item: P 1 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion on the North Suburban Tobacco Compliance Project and Falcon Heights compliance SUBMITTED BY: Councilmember Hustad REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: Compliance checks Recently the North Suburban Tobacco Compliance Project carried out checks on stores selling tobacco to minors. Falcon Heights has six vendors that are licensed to sell tobacco products. These are: Tom Thumb, AMOCO, SuperAmerica, J's Liquors, the Blomberg Pharmacy and Ciatti's. Only one of the six vendors failed to comply when checked. Cindy Schwie, the coordinator for the North Suburban Tobacco Compliance Project, will meet with the council to explain the procedure and to report on Falcon Heights' compliance. Ordinances and statutes governing the sale of tobacco to minors The city's ordinance governing tobacco sales adopted in June, 1993 (attachment A) prohibits sales of tobacco products through vending machines or in self- service, individual packages. The city's licensing section provides for license revocation of any business that does not operate according to local, state or federal laws. Revocation of a business license penalizes the business owner, who is responsible for training the employees doing the selling, for illegal sales. If desired, the code can be revised to specifically include a statement that stores selling tobacco to minors will have their license revoked after a set number of illegal sales within a set period of months. For example, after three violations within a twenty -four month period. The city code does not establish a fine for the business owner or seller who sells to a minor. The city prosecutes these illegal sales through the criminal court system under the state statute 609.685 "Sale of Tobacco to Minors This can be a gross misdemeanor charge for the seller (not the store owner) with a maximum penalty of $3,000 or one year in jail. Some cities, like Roseville, have an administrative fine for this. However, that arrangement may work well in a larger city with a large staff that has specific duties. In a small city like Falcon Heights, it would put the staff and council in the position of policing establishments that they frequent with their personal business and community contacts. And, therefore, would be undesirable. The city's prosecuting attorney, Jerry Filla, will be on hand to discuss prosecutions of these types of charges. ATTACHMENTS: A Compliance Report B Chapter 5 Section 1.03 Subdivision D. of the city code Tobacco Related Products. C Chapter 5 Section 1.02 Subdivision B. of the city code relating to license revocation D State Statute 609.685 relating to Sale of Tobacco to Minors ACTION REQUESTED: Discuss the North Suburban Tobacco Compliance Project. Direct Cindy Schwie or staff to do any follow -up activity that is desired. POMMIIIROPOVIIIIMMINEOPOVEIROMINIFOglarilleggiOVEIROM North Suburban Tobacco Compliance Project Falcon Heights North St. Paul Ramsey County Sheriffs Department Roseville Shoreview White Bear Lake March 31, 1994 Susan Hoyt 119 City of Falcon Heights NPR 2077 W. Larpenteur Ave. Falcon Heights, MN 55113 Dear Susan: We have completed the first round of compliance checks for Falcon Heights and the results are enclosed. Falcon Heights did wonderful with a pass rate of 84 That was the highest of all the communities in our group. I look forward to the city council meeting on April 13. Any questions about the results, please feel free to give me a call at 646 -8233. Sincerely, JAL/Ad, aZotuilf Cindy Schwie City of Roseville Police Dept. 2660 Civic Center Dr. Roseville, MN 55113 1899.612/646 8233 Fax 612/490 2270 Funded by VZIM Minnesota ASSIST is a shared project between the Minnesota Department of Health and the American Cancer Society, Minnesota Division and the communities of Minnesota, funded by the National Cancer Institute 1 O Z-..1 O C w A O O r c E o O to tr 6 71 fw G n II II n- c C d n 8 g g g B g y 8- e. C ,00 E 0 o 0'. v w VI 0% LA Ch co LA 0 w a y z z z c y N r P 0 0 x 11 E E. a a a E. n onon on e Cr 000000k.e V:. o0 aQ 0 o a CFO cio N Qi cp ZZZ ZZ 0 0 U v, v, v, vt N O e LA LA U U LA v, 0 I w w w w CYO w e p 0 0 0,0 0 0 n C r w w w w w w S UN VD VD L 0 K A A A A 0., V1 b id P, >4 ie k k y n x >4 'x >4 >4 n C A n DC' N b m 05 to N Z LT O N O U s A tal retail sale, sell at retail or otherwise y dispose n of any tobacco product as defined in this h'� ordinance at any place in'the city without a Pa-OCCAL- license. Application for license should be made to the city clerk on a form supplied by the city. Upon filing of the application and payment of the required fee as stipulated in Section 5 -5.01 of COVE this code, the application shall be presented to the city council for consideration. 2. Definitions. a. "Tobacco related product" means cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready, rubbed and other smoking tobacco; snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing 'tobaccos; shorts, refuse scrips, clippings, cuttings, and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. b. "Self service merchandising" means open display of tobacco products that the public has access to without the intervention of an employee. c. "Individually packaged" means any package containing only one individually wrapped item. Included are single packs of cigarettes, single bags of tobacco for rolling, individual cans of tobacco for chewing or sniffing. Not packaged packs of cigarettes or similar packages containing multiple cans or containers of tobacco suitable for smoking, chewing or sniffing. 3. License Shall Be Displayed. Every license shall be kept conspicuously posted in the place for which the license is issued and shall be exhibited to any person upon request. 4. Restrictions. No license shall be issued to any applicant for the sale of tobacco related products at any place other than her /his established place of business. No license shall be issued for the sale of tobacco related products at a movable place of business; nor shall any license be issued for the sale of tobacco related products at more than one place of business. 5. Tobacco Related Products Prohibited Sales. No person shall sell or give away any tobacco related product to any person under the age of 5,0 eighteen (18) years. No person shall sell or dispense any tobacco product through the use of a vending machine; and, it shall be unlawful for any person to offer for sale any individually packaged tobacco product by means of self service merchandising. (Amended by Ordinance 0 -91 -9, l n l nn1 lir MUNICIPAL REGULATION LICENSING 5 -1.01, 5 -1.02 CHAPTER 5. MUNICIPAL REGULATION AND LICENSING SECTION 1. BUSINESS LICENSE REQUIREMENTS AND REGULATION 5 -1.01 Business Licenses. No person shall operate a business within the City of Falcon Heights without obtaining and maintaining a business license as provided herein. 5 -1.02 Licensing Procedures and Regulations. A. Issuance. Each owner of a business to be located within the city shall complete an application for a business license on forms provided by the city clerk, containing such information as is requested on the form. Business licenses shall be issued upon receipt of the completed application and appropriate license fee (as stipulated in Chapter 5 -5.01 of this code), after review by city staff; provided that the operation of the business at the proposed location complies with this code and other applicable laws (ie. Uniform Fire Code and Uniform Building Code) and approval by the city council. B. Revocation. A business license may be revoked by the city council after a hearing at which the council finds that operation of the business is inconsistent with the information provided on the license (4)1C-461°J) application, operation of the business violates any part of the city code or state or federal law, and /or operation of the business has resulted in repeated Of violations of the code or state or federal law. At efrjg least ten days prior to such a revocation hearing, notice shall be mailed to the owner(S) of the business license, indicating the nature of the hearing. A majority vote of the council shall be sufficient to sustain revocation of a business license. C. Renewal. Business licenses granted hereunder may be renewed upon submission to the city clerk of the appropriate license renewal fee and a completed renewal application, indicating any changes from the previous license application. Licenses will be renewed only if the business has been operated in compliance with all applicable laws, including this code, during the preceding license term. All renewals must be approved by the city council. 1 Q 609.685 SALE OF TOBACCO TO CHILDREN. Subdivision 1. Definitions. For the purposes of this section, the following terms ;all have the meanings respectively ascribed to them in this section. (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; perique; g,ranulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff our; cavendish; .lug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clip- pings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, pre- eared in such manner as to be suitable for chewing or smoking in a pipe or other 'bacco- related devices. (b) "Tobacco related devices" means cigarette papers or pipes for smoking. `'Subd. 1 a. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant a wes by a preponderance of the evidence that the defendant reasonably and in good 'th relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever furnishes tobacco or tobacco related devices to rson under the age of 18 years is guilty of a misdemeanor. ",Subd. 3. Petty misdemeanor. Whoever uses tobacco or tobacco related devices and under the age of 18 years is guilty of a petty misdemeanor. Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede preclude the continuation or adoption of any local ordinance which provides for 're stringent regulation of the subject matter in subdivisions 1 to 3. 'History: 1963 c 753 art 1 s 609.685,• 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 2 90 art 33,34 3 Ikki,LD____10,49ia4aan) i',sI o 0 CITY OF i lr° 4 LL FALCQN HEIGHTS 2077 W tARPENTEUR AVENUE FALCON HEIGHTS, MN 55119.5594 PHONE (G12) 544.5050 FAX (612) 644.887 ATTENTION TO ALL PERSONS WHO SELL CIGARETTES AND OTHER TOBACCO PRODUCTSI NOTICE OF CHECKS FOR COMPLIANCE WITH STATE LAWS REGARDING SALES OF TOBACCO TO MINORS Date: Janu 20, 1994 T o: ALL L IGF.NSED TOBACCO VENDORS IN THE CI'T'Y OF p AL CQN HEIGHTS From: Susan Hoyt, City Adenine -.ilk Having a ll tobacco vendors comply with state laws governing the legal age to purchase t obacco Is important to the Falcon Heights community. In conjunction with the Ro Police Department, Falcon Heights is one of five cities along with Shoreview, Roseville, North St. Paid and White Bear Lake, that received a grant that will determine how well these cities' tobacco vendors are complying with state laws regarding tobacco sakes. This grant will also promote awareness of the state la r egarding underage tobacco sales. .4 Beginning soon and for the next several months. all tobacco vendors in the city will have one, possibly two compliance checks (tobacco purchases requested by underage teens) to see if local business are complying with this state law. This will be done by using teens over fourteen and under eighteen years old to attempt to purchase a look co They Ty tears will not use fake ID's nor bully the sales clerk nor try to y will only ask to purchase a tobacco,product. 4 If on an employee sells tobacco to the underage teen (compliance checker), the manager p n for immediately a be informed of th illegal sale. The city's current ordinance gross misdemeanor for this offence' which can result in a substantial court fine for the t review, and ployee making the sale. Recurring violations will result In a rat to possible revocation. of the tobacco vendor's municipal license. If the F yee does not sell a tobacco product. to the underage tercet (compliance checker), the manager will also be notified. Training employees to be more aware, of underage teens wanting to purchase tobacco products helps prevent illegal, underage transactions. There are training programs currently available for tobacco vendors. These am through the Minnesota Gfners' Association (228 05173), the Smoke -Free Coalition (338 -8193) and the Association for Non Smokers Minnesota (ANSR 646 3005). +•40 For more information regarding these underage tobacco sale& compliance checks, please contact Cindy Scbwic at 646 -8233 or Deputy Police Chief Tom Allcva at 490- 2245 North Suburban J kie Tobacco Compliance Project con Hei North St. Paul Ramsey County Sheriffs Department Roseville Shoreview White Bear Lake uany 25,1994 American Legion 2678 7th Ave. 9rth St. Paul MN55109 Dear 9v(r. gCuot: Congratulations! We are pleased that on. Monday, 7anuary 24, between 2 :00 and 4 :00 p.m., your establishment successfully denied safe of a tobacco product to an underage person. You are to be commended for the conscientious effort put forth in rejecting a safe to an underage person. The 71(Qrth Suburban Tobacco Compliance Project is committed to reducing youth access to tobacco products in your community. With cooperation from your establishment, we will work, together to make the program a success. Sincerely, Cindy Schwie Project Coordinator City of Roseville Police Dept. 2660 Civic Center Dr. Roseville, MN 55113 1899.612!646 -8233 Fax 612/490 -2270 Funded by Minnesota ASS /ST is a shared project between the Minnesota Department of Health and the American Cancer Society, Minnesota Division and the communities of Minnesota, funded by the National Cancer Institute FIl loll CO O 0 ;s' s z a 4 z3 0 0 w w 1 1 1 1 1 1 1 1 1 O l� 00 h N `O M O 00 4 M M M A �--i O U b" ce) eu "0 0 1. c N Off∎ d' 00 PI NPRINIMONEIROLICYMEEPOLNKIMPOUMEPOilerESPOUOVEMPOUCY Meeting Date: 4/13/94 Agenda Item: P 2 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for the solid waste commission to participate in the Project Childsafe car seat collection activities SUBMITTED BY: Solid Waste Commission EXPLANATION /SUMMARY: The solid waste commission is requesting council authorization for it to participate in the Project Childsafe program in conjunction with the Ramsey County Department of public health and other Ramsey County communities. The project is designed to recycle used, safe child carseats and to collect and dispose of used, unsafe child carseats. The project is funded by the National Highway Traffic Safety Administration. The commission is specifically requesting authorization for the following: 1. To participate in Project Childsafe 2. To conduct the car seat collection in conjunction with the annual Community Ice Cream Social. (The Park and Recreation Commission will receive a copy of this too.) 3. To approach the Falcon Heights /Lauderdale Lions Club for volunteers in collecting car seats and for funding to cover the $3.00 per car seat rebate. ATTACHMENTS: A Resolutions from solid waste commission ACTION REQUESTED: Authorize the solid waste commission to pursue activities associated with Project Childsafe. A CITY OF FALCON HEIGHTS SOLID WASTE COMMISSION RESOLUTION WHEREAS, the Falcon Heights Solid Waste Commission desires that the city participate in Project Childsafe to assist in the recycling/reuse of safe child car seats and removal and appropriate disposal of unsafe child car seats from the community; and WHEREAS, Project Childsafe is funded by the National Highway Traffic Safety Administration and is a project of the Minnesota Department of Public Safety and the Center for Injury Prevention; and WHEREAS, the project is committed to decreasing deaths and injuries suffered by child passengers in motor vehicle crashes, through promoting the proper use of child car seats, compatibility of car seats with seat belts and automatic crash protection systems (air bags and automatic seat belts) and the removal of unsafe car seats from use; and WHEREAS, the project is being conducted with the cooperation of the Ramsey County Department of Public Health and communities within Ramsey County; and WHEREAS, Project Childsafe will train local volunteers to assist in the program and all approved car seats will be inspected and refurbished for distribution to families in need; and WHEREAS, the Commission desires to offer a $3.00 per car seat rebate to encourage participation, NOW THEREFORE BE IT RESOLVED, that the Commission recommends that the City Council consider the following requests: 1. Authorization for the city to participate in Project Childsafe. 2. Permission to conduct the car seat collection in conjunction with the annual Ice Cream Social in July of 1994. 3. Authorization to approach the Falcon Heights/Lauderdale Lions Club for volunteers and for funding to cover the $3.00 per car seat rebate. Martin McC leery, Chair Falcon Heights Solid Waste Commission Adopted this 10th day of March, 1994 CITY OF FALCON HEIGHTS SOLID WASTE COMMISSION RESOLUTION WHEREAS, the Falcon Heights Solid Waste Commission recommends that all old, damaged, unsafe child car seats be removed from the community with the assistance of Project Childsafe and the Falcon Heights/Lauderdale Lions Club; and WHEREAS, Project Childsafe will train volunteers to inspect the car seats and present the rebate to participants; and WHEREAS, Project Childsafe will collect all approved car seats, re-inspect (refurbish if necessary) and distribute the seats to families in need; and WHEREAS, all car seats found unsafe will be disposed of in an appropriate manner thus removing them from the community, NOW THEREFORE BE IT RESOLVED, by the Falcon Heights Solid Waste Commission that the Falcon Hieghts/Lauderdale Lions Club work with the cities of Falcon Heights and Lauderdale (together or separately depending upon feasibility) to enlist volunteers to be trained by Project Childsafe to collect and inspect seats; and BE IT FURTHER RESOLVED that the Falcon Heights/Lauderdale Lions Club donate monies to provide for a rebate of $3.00 per car seat to encourage participation in the program. Martin McCleery, Chair Falcon Heights Solid Waste Commission Adopted this 10th day of March, 1994 fOtiCY POLICY POLICY POLICY POLICY POLICY POLICY POLICY Meeting Date: 4/13/94 Agenda Item: P 3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for consideration of access to health insurance coverage for permanent, part -time employees at 50% time SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The city's personnel policy provides for holiday, vacation and sick leave at a proportionate level for permanent part -time employees working at a 50% or more status with the city. However, it does not address health coverage for these employees. Permanent part -time employees do not currently receive any health care benefits. Full -time city employees are covered by the Ramsey County health insurance policy. They can receive up to $350 /month toward health insurance coverage. The amount used by individuals varies. The amount does not fully cover a family plan at $464 /month, but covers more than an individual cost of $203 /month. Some staff members use only the city's dental coverage at $59 /month. Since permanent part -time employees working at 50% time are covered by the same performance expectations and commitments as the city's full -time employees, it seems appropriate to provide health coverage to these individuals. The current staff has two people that would be eligible for health insurance under this arrangement. Dave Tretsven, the part -time maintenance worker, and Carol Kriegler, the park and recreation director. Both individuals are covered through other businesses. However, Carol Kriegler would like to purchase dental care for her family $59 /month. Ramsey County permits part -time, permanent employees to be covered in the city council chooses to do so. It does not affect the rate. This can be done in one of two ways: 1. Treat it like holiday, vacation and sick leave and provide the funding at 50 of the full -time level. Therefore, a maximum benefit of $175 /month toward health insurance coverage per individual. Or, under the current staffing arrangement, a $4,200 per year possible expenditure. (Currently, anticipate a $660 expenditure for Carol's dental insurance.) 2. Do not provide any financial compensation, but permit the employee to purchase the insurance through the group. Staff recommends adopting the first approach because it is consistent with current city policy and provides benefits that are consistent with the expectations of the position. The city relies upon the expertise of these part -time employee just as much as the full -time employee. It is only due to the nature of the workload that makes these part -time positions. And, it is important to treat them accordingly. ACTION REQUESTED: Approve option 1, a maximum of a 50% benefit toward health insurance for part -time employees at the 50 or greater level. O E C »PO iiiM C :::`An! CIVIiii >;<Y X1.0 O LCY.....:.:::..P.O LI.0 �M� ::.P.OLI...............:..::..: k Ci.. 4i 27` Meeting Date: 4/13/94 Agenda Item: P 3 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for consideration of access to health insurance coverage for permanent, part -time employees at 50% time SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The city's personnel policy provides for holiday, vacation and sick leave at a proportionate level for permanent part -time employees working at a 50% or more status with the city. However, it does not address health coverage for these employees. Permanent part -time employees do not currently receive any health care benefits. 3 r- 7 ��c+�ti ire/ Full -time city a loyees are cove e�the Ramsey County health insurance policy. They can receive up to Oward k Insurance co r- Ile amount used by individuals varies. The amount d es n fully cover a family plan Gut coversi,f ::n an individual cost r 7 Some aff members use only the city e coverage 55/m nth. ince permanent part -time employees working at 50% time are governed by the same performance expectations and committments as the city's full -time employees, it seems appropriate to provide health coverage to thb4e individuals. The current staff has two people that would be elgibile for health insurance uncle* this arrangement. Dave Tretsvan, the part -time maintenance worker, and Carol Kriegler, the park and recreation fitirector. Both individuals are covered through other 5 1 businesses. However, Carol Kriegler would like to purchase dental care for her family at -5 Ramsey County permits part -time, permanent employees to be covered if the city council chooses to do so. It does not affect the rate. This can be done in one of two ways: 1. Treat it like holiday, vacation and sick Ieav- P5vide th� funding at 50 of the full -time level. Therefore, a maximum benefit of'Q�� •ward heal h coverage per individual. Or, under the current staffing arrangement er year possible expenditure. (Currently, anticipate a $660 expenditure for Carol's dental insurance.) 2. Do not provide any financial compensation, but permit the employee to purchase the insurance through the group. Staff recommends adopting the first approach because it is consistent with current city policy and provides benefits that are consistent with the expectations of the position. The city relies upon the expertise of these part -time employee just as much as the full -time employee. It is only due to the nature of the workload that makes these part -time positions. And, it is important to treat them accordintly. ACTION REQUESTED: Approve option 1, a maximum of a 50 benefit toward health insurance for part -time employees at the 50 or greater level. PCOGYMPOUeriiiiiiiiiiiiMPOLierNMPOUGYEAVOUCTRINiPOLiCYMEMPOLIMEMPOUCY Meeting Date: 4/ 1 3/ 94 Agenda Item: P 3 to 14 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Request for consideration of access to health insurance coverage for permanent, part -time employees at 50% time SUBMITTED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The city's personnel policy provides for holiday, vacation and sick leave at a proportionate level for permanent part -time employees working at a 50% or more status with the city. However, it does not address health coverage for these employees. Permanent part -time employees do not currently receive any health care benefits. Full -time city employe are c es covered by the Ramsey County health insurance policy. They can receive up to 1 toward health insurance co The amount used by individuals varies. The amount d es n fully cover a family plan but covers more than an individual cost aff members use only the city erltaf coverage at 55 /month. �in"ce permanent part -time employees working at 50% time are governed by the same performance expectations and committments as the city's full -time employees, it seems appropriate to provide health coverage to th@r€e individuals. The current staff has two people that would be elgibile for health insurance uncle* this arrangement. Dave Tretsvan, the part -time maintenance worker, and Carol Kriegler, the park and creation fb.irector. Both individuals are covered through other businesses. However, Carol Kriegler would like to purchase dental care for her family at 55 /month. Ramsey County permits part -time, permanent employees to be covered if the city council chooses to do so. It does not affect the rate. This can be done in one of two ways: 1. Treat it like holiday, vacation and sick leav- provide the funding at 50 of the full -time level. Therefore, a maximum benefit of ward health coverage per individual. Or, under the current staffing arrangement -F er year possible expenditure. (Currently, anticipate a $660 expenditure for Carol's dental insurance.) 2. Do not provide any financial compensation, but permit the employee to purchase the insurance through the group. Staff recommends adopting the first approach because it is consistent with current city policy and provides benefits that are consistent with the expectations of the position. The city relies upon the expertise of these part -time employee just as much as the full -time employee. It is only due to the nature of the workload that makes these part -time positions. And, it is important to treat them accordintly. ACTION REQUESTED: Approve option 1, a maximum of a 50 benefit toward health insurance for part -time employees at the 50 or greater level. POLICY POLICY POLICY POLICY POLICY POUCY POLICY POLICY Meeting Date: 4/13/94 Agenda Item: P 4 CITY OF FALCON HEIGHTS REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution supporting City Unity Day on April 21, 1994 sponsored by the League of Minnesota Cities SUBMITTED BY: League of Minnesota Cities REVIEWED BY: Susan Hoyt, City Administrator EXPLANATION /SUMMARY: The League of Minnesota Cities is asking cities to pass as resolution declaring April 21, 1994 as City Unity Day throughout the state. The resolution requests the legislature to restore the shortfall in the local government trust fund, which funds the cities' local government aid (LGA) and homestead and agricultural credit aid (HACA), through the state general fund surplus. The shortfall in the local government trust fund shortfall is due, in part, to lower than anticipated sales tax revenues. LGA and HACA are part of the city's general fund revenue. The anticipated shortfall for Falcon Heights is $11,000 for 1994 or approximately 1% of the city's operating budget. The resolution also supports a variety of other LMC initiatives on behalf of cities. ATTACHMENTS: A Proposed LMC resolution B Additional information on City Unity Day ACTION REQUESTED: Discuss the resolution Revise and adopt as desired P:O IC IR >:::E €RR ii BEiiii i P. �C.' ';P��CY. C�ICY ICY::.::::: P'O:L�C...:..:............ r CITY UNITY DAY RESOLUTION WHEREAS, the City of is a member of the League of Minnesota Cities; and WHEREAS, Thursday, April 21 1994 is Minnesota Cities Unity Day; WHEREAS, cities working together have established the League of Minnesota Cities action agenda for the 1994 session of the legislative; and WHEREAS, in the closing days of the 1994 session many of these issues remain unresolved; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF that: 1. The Legislature and Governor restore the shortfall in the Local Government Trust Fund which they created so that there will be no cuts in government aid (LGA) and homestead agricultural aid credit (HACA) in 1994, and provide reliable additional funding for LGA and HACA in future years to preserve the fiscal stability of cities; 2. Preserve and improve the ability of cities to expand their boundaries in order to provide city services to all who need them; 3. Remove the aid penalties in manufacturing and redevelopment districts so that cities will not be penalized for improving their local economies. 4. Increase funding for roads and transit; 5. Establish a new program to clean up landfills and adequately fund pollution clean up grants and; 6. Support the other legislative initiatives of the League of Minnesota Cities. (Note: Send copies of this resolution to your Legislators and the Governor). Li a M I 3490 Lexington Avenue North St. Paul, MN 55126 -8044 League of Minnesota Cities (612) 490 -5600 CITY UNITY DAY RALLY THURSDAY, APRIL 21 9:00 a.m. Coffee and Rolls 9:30 to 11:30 a.m. Briefing Then walk to the Capitol to confront our Legislators outside the Senate and House Chambers. Meet at the Kelly Inn near the State Capitol in St. Paul Find out how the Legislature will affect cities in the closing days of the 1994 session. Tell your legislators how they can help cities achieve fiscal stability and improve their local economy. THIS WILL BE THE CRITICAL TIME WHEN THE OMNIBUS TAX BILL WHICH MAY OR MAY NOT DEAL ADEQUATELY WITH OUR ISSUES IS BEING FINALIZED. Your presence will strongly influence the outcome of this legislative session. We hope that one or two persons from every city in the state will attend. Return the registration below to Julie Johns, Legislative Secretary at the League. YES! WE'RE COMING TO ST. PAUL TO THE LEAGUE OF MINNESOTA CITIES CITY UNITY DAY RALLY. City (please print or type) Name Name Name Registration Fee $5 in advance, $5 at the door. (Please make advance registration if at all possible so we can have an adequate number of briefing papers) Make check payable and mail to: League of Minnesota Cities Attn: Finance Department 3490 Lexington Avenue North St. Paul, MN 55126 1 MINUTES Solid Waste Commission Meeting 0, 9 March 10, 1994 �99d Chair Marty McCleery called the meeting to order at 7:09 p.m. COMMISSION MEMBERS PRESENT: Jeffrey Alexander, John Brynildson, Michael Haglund, Barbara Leary, Catherine Mackiewicz, Marty McCleery, Susan Smith, Shirley Chenoweth, staff representative (retired), and John Hustad, council liaison. COMMISSION MEMBERS ABSENT: Laura Kuettel. AMENDMENT OF MINUTES OF FEBRUARY 10, 1994: The minutes of the February meeting were dated February 8, 1994, but the meeting actually took place on February 10, 1994. Members present unanimously agreed that the date reflected in the minutes should be corrected. APPROVAL OF MINUTES OF FEBRUARY 10, 1994: Jeffrey Alexander moved and Catherine Mackiewicz seconded the approval of the minutes of the February 10, 1994, meeting, as amended. WELCOME OF NEW MEMBER: The Solid Waste Commission welcomed its new student member, Catherine Mackiewicz. Introductions were exchanged. CONSIDERATION OF NEW MEMBER APPLICATION: The Commission has received an application from Mary Pat McGinnis, a city resident with experience in public relations and communications. Members agreed that her skills would be a welcome addition to the Commission. John Brynildson moved and Susan Smith seconded that the Commission recommend to the City Council that the McGinnis application be approved. COLLECTION OF USED CHILD CAR SEATS: The Commission discussed its proposed participation with Project Childsafe in the collection of used child car seats. This project is compatible with the Commission's function in that it promotes the proper disposal of unsafe car seats, a solid waste and hazardous waste issue, as well as the reuse /recycling of usable car seats which would otherwise enter the waste stream before the end of their useful lives. (At the County level, the project is also sponsored by the solid waste department.) The collection can be conducted as part of the ice cream social this summer. The City could approach the Lauderdale /Falcon Heights Lions Club for volunteers to collect the car seats and for funding of a $3 cash "bounty" as an incentive for residents to turn in their car seats rather than disposing of them improperly or selling /giving away unsafe car seats. The Commission discussed the possibility of City liability for seats distributed through the project which prove to be unsafe but determined that the risk of liability is low. Project Childsafe provides training of the volunteers who do the initial screening when the seats are collected, and Project Childsafe is also responsible for inspecting, refurbishing, and distributing seats it determines to be reusable. The City would not be involved in the actual distribution of collected seats. The City's participation is subject to City Council approval, including approval of the proposal to seek funding from the Lions. Funding would then be subject to the Lions' approval. Michael Haglund moved and John Brynildson seconded that the Commission submit a proposal to the City Council for participation in Project Childsafe. CITYWIDE GARAGE SALE: a. Police Involvement. Barbara Leary reported that the block captains discussed the city -wide garage sale with the Roseville police liaison at their last meeting. The police would like to review the garage sale guidelines when they are completed and may have suggestions for additional guidelines. The police plan to increase their visibility the day of the sale and a McGruff or two will also be on duty. b. Guidelines. The guidelines for identifying unsafe child car seats which the Commission obtained from Project Childsafe will be added to the garage sale guidelines to discourage residents from selling unsafe car seats at the sale. c. Publicity. Realtor Faye Olson included a pitch for the sale in her flyer in the Focus. The Commission also discussed submitting articles or press releases to the Focus and the Bugle to advertise the sale. d. Preparations. A sign -up book will be left at City Hall for participating residents to give their names, addresses, and phone numbers, and to indicate whether their sale will be accessible from the street or an alley. On signing up, residents can pick up a copy of the guidelines, a list of places to take unsold but usable items, and balloons to identify their houses. Susan Smith will get the balloons, as well as a helium tank to fill balloons for the central intersection signs. Jeff Alexander will pick up the list of participants and, with help from other members if he requests it, will prepare a map of participating residences. The map will be distributed by volunteers at two sites, tentatively determined to be City Hall and either SuperAmerica at Larpenteur and Hamline or Coffee Grounds at Hamline and Hoyt. Maps will likely only be distributed for a couple of hours in the morning, not through the entire day of the sale. A large, weatherproof map will also be prepared for display at City Hall on the day of the sale. e. Follow -up. The Commission will call participating residents after the sale to discuss whether the sale should be an annual event and what changes might improve the event. -2- f. Business Involvement. Marty McCleery will prepare a memo from the Commission or the City Council to be sent to local businesses and the area Chamber of Commerce, inviting businesses to be involved in the event by holding sidewalk sales or coupon promotions, mentioning the sale in their advertising, and /or helping to distribute maps and guidelines. There was some discussion of whether the City should make any representations to businesses regarding compliance with City ordinances in the conduct of sidewalk sales. CONTINUING SOLID WASTE EDUCATION: Various periodicals addressing solid waste issues were distributed to Commission members, who are to review the materials and submit informational items for the next Commission meeting. On the motion of John Brynildson, seconded by Michael Haglund, the meeting was adjourned at 8:42 p.m. Respectfully submitted, 4 Susan K. Smith, Secretary 1939R -3- PARKS AND RECREATION COMMISSION MEETING MINUTES 3/14/94 Members present: Jackie Benson, Morris Nicholson, Jyneen Thatcher, Alan Weinand, Carol Weisberg; Carol Kriegler, Parks Director; and Jan Gibson Talbot, Council Liason. Guests present: Nancy Wickhem, and Joe Martinez, F.H. Fire Department. Minutes of the 2/14/94 meeting were approved. D -1: Bicycle safety rodeo. At the February commission meeting, Carol Kriegler proposed holding a bicycle safety rodeo this spring or early summer, which the commission encouraged. Since that meeting, she has found out that the Falcon Heights Fire Department has been planning a bike rodeo as part of their National Emergency Services Week celebration. Joe Martinez, representing the Emergency Medical Services team, described their planned activities and invited the Parks and Recreation Commission to combine efforts. Their celebration will be held on Sunday, May 22 from 12 -4PM, at City Hall, the Fire Station, and Hewlett- Packard parking lot. While Falcon Heights is leading the effort, this program will also involve Roseville Police, Lauderdale /St Anthony Village Police, and St Paul- St Anthony Park. The program will be open to the public, and announcements will be sent to schools in Roseville, St Anthony Park, and Falcon Heights. Joe expects representatives from the Minnesota Highway Patrol and Ramsey Hospital Trauma Team to attend. Anticipated activities, besides the rodeo, include bicycle registration opportunity, safety talks, a drawing contest, essay contest, and refreshments. Joe has already started to enlist volunteers for the programs, and offers the Parks and Recreation Commission the opportunity to participate through the bike rodeo. Since we had already approved the idea of a rodeo, the Commission heartily agreed with the joint effort. The only reservations expressed were regarding the potential size of attendance and whether the Commission could handle a large crowd. On previous rodeos, attendance was between 100 -200 children, but with the added invitations to Roseville and St Anthony Park we' could see many more than that. Joe assured us that he would recruit adequate personnel to man the rodeo stations if we do the organizing. Carol and Joe described some of the possible stations, such as bike equipment check, bike handling skills, traffic laws (such as controlled intersections). Prizes will be given for participation. D -2: Summer Recreation Programs. Carol Kriegler led a discussion of ideas for summer programs. In looking for more programs to involve the 9 -11 year olds, she suggested increasing the number of youth sport camps and scrimmage games. Carol W. suggested adding beginning baseball for that age group, for those children who weren't interested earlier, but now are too_old for the regular "beginner" classes. Other program suggestions included a cooking class, continuation of the "Time -In" program, spring programs after school at Community Park and Curtiss Field, and adult tennis classes. Carol K will look into the possibility of girls -only sections, like Moundsview's program, as a way of encouraging more girls to get involved with athletics. Carol K reported that two very popular coaches will be returning this summer. Nancy Wickhem complemented the quality of all the coaches connected with the Falcon Heights Parks programs. The scholarship program worked all right last year, with donations covering the need. The Lions Club had generously offered to cover any shortage, but it wasn't needed in 1993. Funding for the "Time -In" program may need further investigation. D -3: RAHS request for use of Community Park tennis courts. The City Council approved the request for the Roseville Areas High School use of the tennis courts at Community Park, following the recommendation of the Parks Commission, for the school year 94 -95. The agreement is contingent on Roseville obtaining financing for the re surfacing of other courts in Roseville. Carol K is working on ideas for cooperative efforts between the tennis teams and the community programs. D -4: Indoor Playground. Carol K reported the progress in researching possibilites for an indoor playground. Nan Knutson is writing an item for the FH Newsletter asking about interest either for participation in the program or for volunteers for the planning process. Falcon Heights United Church of Christ currently has pre school three mornings each week, with two mornings free. They encourage our interest. Roseville Early Childhood Program does not have plans for this type of program. Carol K is still looking into the liability or licensing issues. The Commission reaffirmed that a needs analysis is needed before we can start any definite planning. D -5: Additional business. Morris mentioned a solicitation sent to Commission Members, and asked how we got on the mailing list. Carol K explained that organizations occasionally ask for the names and addresses of public officials, including current Commission members, but we should report any problem or objectionable mailings. .yneen Thatcher, Secretary Falcon Heights Parks and Recreation Commission MINUTES REGULAR PLANNING COMMISSION MEETING MARCH 28, 1994 7 P.M. PRESENT ABSENT ALSO PRESENT Tom Brace Kay Andrews Susan Hoyt, Administrator Lee Barry Wendy Treadwell Sam Jacobs, City Council Liaison Paul Kuettel Phil Carlson, Planning Consultant Ken Salzberg Lisa Lampi (arrived at 7:30) Meeting was called to order at 7:05 p.m. by Chairperson Barry. Minutes of the February 28, 1994 we approved as written. REQUEST FOR A VARIANCE TO CHAPTER 9 -4.01 SUBDIVISION (4) OF FIFTEEN FEET THREE INCHES (15' -3 TO THE REQUIRED THIRTY FOOT REAR YEAR SETBACK, AND TO CHAPTER 9 -2.04 SUBDIVISION 1(c) OF TWO FEET THREE INCHES (2'3 TO THE REQUIRED FIVE FOOT SIDE YARD SETBACK FOR 1775 ASBURY STREET. Hoyt briefly reviewed the February 28 planning commission recommendation regarding the request for a variance at 1775 Asbury by property owners, Mr. and Mrs. Wiger. She said that the commission requested that the Wigers revise their proposed construction plans by expanding their house into the sideyard rather than further into the rearyard. This would require a less substantial variance request than the one submitted. Mrs. Wiger explained that no new plans were submitted because it would not be financially feasible to expand into the sideyard and she understood that any revisions should go in this direction. And they would like to have their original variance request reexamined and approved. The Olsons, of 1780 Snelling Drive, to the rear of 1775 Asbury, said they objected because of the proximity to their rear yard and the possible invasion of their privacy. A discussion followed regarding the impact that the addition of a two story home 14 feet from the rearyard would have on the adjacent property at 1780 N. Snelling Drive. The commission also discussed the fact that the Wiger property is not unusually small in area, that there are other blocks configured in the same manner in Falcon Heights, and that there is space to expand into the PC Minutes 3/28/94 Page 2 sideyard and, therefore, the request did not meet the standards for granting a variance. Salzberg moved to recommend that the city council deny the Wiger's request for a variance to Chapter 9 -4.01 Subd. 4 of 15' 3" to the required 30 foot rearyard setback because the request did not meet the standards for granting a variance, and because there is space to expand to the south of the house that would not require a substantial rearyard variance, and also to deny the variance request to Chapter 9 -2.04 Subd. 1(c) of 2' 3" to the required 5' sideyard setback for the construction of the garage because this is an integral part of the overall remodeling plans. Seconded by Kuettel and unanimously approved. Hoyt told the Wigers this would be on the April 13 city council agenda and that they were welcome to attend. She also told them they could reapply for a variance at any time with a different set of plans. ANNOUNCEMENTS: Hoyt announced that Carla Asleson was hired to be the new administrative assistant /planner. Carla is currently working for the City of Mounds View and will start work here on April 18. Meeting adjourned at 8:50 p.m. Susan Hoyt, Administrator Dee Swenson, Recording Secretary