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HomeMy WebLinkAboutCCMin_93May12 1 MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1993 Baldwin convened the meeting at 7:00 p.m. ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, Gibson Talbot and Jacobs. were Bachman, Chenoweth, Hoyt and Maurer. ADDENDA TO POLICY AGENDA APPROVED 03 Also present Council approved the addition of the following items to the policy agenda: Item P-5, Referral of the Development Moratorium to the Planning Commission, and Item P-6, Request to Accept Possible Donation for National Night Out. MINUTES OF 4/28/93 APPROVED Council approved the Minutes of April 28, 1993 by unanimous consent. CONSENT AGENDA APPROVED Council approved the following consent agenda by unanimous consent: 1. Disbursements a. General disbursements through 4/28/93, $40,276.01 b. General disbursements through 5/07/93, $8,788.88 c. Payroll 5/16/93 - 4/30/93, $10,496.74 2. Licenses: Adventure Retail Limited, #2019, AccuCount Accounting Services, #2017, and Concept Designs Builders, #2018 3. Adoption of Resolution R-93-23 transferring funds 4. Authorizing purchase of radio equipment for Fire/Rescue Department from Dispatch Communications at a cost of $4,963.00 5. Authorizing purchase of materials to construct equipment storage shelves for the Fire Department 6. Ratifying Fire Department election results as follows: Chief, Clem Kurhajetz, First Assistant Chief, Craig Schauffert, and Second Assistant Chief, Dennis LeMay 7. Adoption of Resolution R-93-24 denying the application of Falcon Heights General Store, Inc. for a business license and stating the findings 8. Cancelling the June 9, 1993 council meeting due to conflict with League of Cities Conference MINUTES MAY 12, 1993 PAGE 2 033 NEIGHBORHOOD MEETINGS TO BE SCHEDULED FOR DISCUSSION OF PROPOSED ALLEY RECONSTRUCTION IN 1994 Hoyt explained that alleys in the Northome neighborhood are badly in need of repair and the condition of the alleys may make it desirable to make some or all of the alleys a priority for reconstruction in 1994. To begin the project, staff would meet with neighborhood residents to discuss their concerns. Baldwin commented that he felt council should look at the assessment policy which presently stipulates that property owners abuting alleys will be assessed 100% for alley construction. He felt this should be reviewed since alleys do not benefit just abuting property owners but delivery trucks, garbage trucks, etc. Staff is tentatively planning a May 25, 1993 meeting with the property owners. ACCEPTANCE OF $500 DONATION FROM ROSETOWN AMERICAN LEGION TO ASSIST IN FUNDING OF THE CITY'S NATIONAL NIGHT Hoyt explained that Neighborhood Watch organizer, Judy Sabean, is organizing a citywide national night out celebration and has arranged for donations. Rosetown American Legion is proposing to donate $500, however, the amount cannot be donated to an individual. The city may accept the donation which will be used for the city's night out celebration. Gehrz moved that the city accept the $500 from Rosetown American Legion which is to be utilized for the city's night out program. Motion carried unanimously. PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR 1993 STREET PROJECT Baldwin opened the public hearing on the proposed 1993 street improvement project at 7:20 p.m. Maurer reviewed the procedure followed in preparing the assessment costs for the properties. He addressed some of the objections received from property owners of lots such as lots with triple or double frontage, a corner lot which fronts on a street scheduled for overlay with the side lot on a street being reconstructed, and lots which are narrower at the street area than at the set back line where measurement for front footage is calculated. Measuring at the set back line is stipulated in the city's assessment policy as a means of equalizing assessment costs among the property owners. He explained that some very unique lots in the University Grove area were difficult to calculate as they were not specifically addresssed in the assessment policy. Maurer stated that sidewalks were not originally considered as 1 MINUTES MAY 12, 1993 PAGE 3 0 3 ~~ part of the project, but following informational meetings with residents indicated that many desired sidewalk replacement. He explained that residents are being assessed contract costs only for sidewalks, minus driveway width, with no charge for overhead or removal of old sidewalks. Albert Yonas, 1576 Vincent St., owner of a unique lot objected to the method used to determine front footage of his lot resulting in a much greater width than if measured at the street and requested that council reduce the footage by one-half. He also said he had repaired the sidewalk last year after it was marked by the city. Council discussed the request and agreed that the front footage be reduced to 81.5 feet and the sidewalk be assessed at the frontage along the street minus the 12 foot driveway or 69.5 feet. Council concurred that this would be more in line with other assessments in the area. Donna Senauer, 2292 Folwell, asked if sidewalk replacment is required and why each property owner could not make the decision to replace or not replace their sidewalk. She objected to paying a $400 assessment when her sidewalk has no cracks, undulations, etc. Maurer explained that during the inspections they look not only for cracks and other obvious problems, but also for wear, and that the majority of the walks need replacement. He stressed that constructing sidewalks with the street contract makes the cost of sidewalk replacement considerably less than if each property owner contracted individually for the work. Baldwin commented on the fact in the past sidewalk repair/replacement has always been left up to the property owners, however, now the city is investing a large deal of money in these sidewalks and must think of the entire city when using taxpayers money. Ms. Senauer indicated she wanted her sidewalk reinspected and reconsidered. A discussion ensued regarding benefits of sidewalk replacement as proposed, i.e. cost savings, deleting the need for annual sidewalk repair letters in this area, a savings in the long run as homeowners would not have to cover complete cost of replacement in the future. Baldwin asked if councilmembers wished to change their minds about proceeding with the sidewalk project and all responded in the negative. Ms. Senauer asked if the commons sidewalk would be part of the project. Maurer said this is University property and including it at this time would require another public hearing. MINUTES O ~'`~ MAY 12, 1993 PAGE 4 Senauer expressed concern that Northern States Power will be replacing gas lines and meters and might damage trees on her property and the fact that she was not made aware that there might be utility work done. Maurer replied that the utility companies make their own desisions regarding their utilities. Brenna Quebbemann, 1564 Fulham, wanted to know if there are any other costs connected with the project other than the assessment such as charges for utility work, to which Maurer replied in the negative. Ms. Quebbemann asked why Hoyt residents are being assessed, to which Maurer replied that some are assessed for sdewalks only, others on corner lots are assessed for the project and will not be assessed again if Hoyt is reconstructed. Frederick Cooper. 2190 Folwell, felt that the project was not a prudent use of tax money as the repairs are not necessary. He explained he was out of town for informational meeting and did not realize the expenses involved. He felt his assessment, $4,317.68, was a disproportionately heavy burden compared to other assessments in the area. He objected to the determination that his front footage was 116 feet when he paced it off at approxmately 75 feet. Maurer explained that the lot is triple sided and the assessment policy is not clear on how to address as the Grove neighborhood is the only area in the city with these unique types of lots. It was determined that there were four lots on Burton St. which have similar problems and council determined that all four lots should be charged at an 85 foot frontage which represents an average in that area of the Grove. Baldwin felt this would be consistent with the philosophy of the assessment policy. Carolyn Collins, 1603 Northrop, asked how her lot's front footage was determined. Maurer replied that it was measured at the set back line as were the others but in this case the front footage was reduced by 10 feet by measuring at the set back line. Ms. Collins stated that after receiving the city's July 13, 1992 requiring repair of the sidewalk, they had the entire sidewalk replaced in conjunction with another home improvement project. Arrangements had already been made prior to receiving the August 17, 1992 letter informing that a possible 1993 street/sidewalk project was being considered. She said it cost considerably more than the city is charging for sidewalks with the street project ($22.00/ft. compared to $8.00/ft.) and she asked for some adjustment. Council discussed possible partial reimbursement based on the cost the city would have assessed had the property been included in the 1993 project and agreed that some reimbursement might be considered. Maurer explained that if the Collins property had r 3 ~~ MINUTES MAY 12, 1993 PAGE 5 been assessed it would have been based on a 65 foot frontage minus the 12 foot driveway at $8.00 per foot. Council felt this might be an appropriate procedure to follow should a claim be received for consideration. Maurer indicated that only the Collins lot and one other were excluded from the sidewalk reconstruction due to being in excellent condition. Bachman reminded council that they are setting precedent and to make the window for reimbursement as narrow as possible. Council agreed that if arrangements were made for complete sidewalk reconstruction and it is reasonably sure the work was done in response to the July 13, 1993 letter, the city will consider reimbursement claims for a portion of the cost providing the claim is accompanied by a receipted bill for the work. These claims will be accepted for consideration for 30 days from the date of this assessment hearing. Jane McCoid, 2202 Folwell, asked if all sidewalks in the Grove are being replaced and Maurer replied in the affirmative. Ms. Mcoid commented on having some sidewalk slabs replaced in the past and three trees died as a result of having roots cut. She was informed that the trees were not weakened by the injury, but the roots should have been treated to protect against the infestation of dutch elm beetles. She was assured that the city forester has been working on this street/sidewalk project from its beginning and will continue to do so. There being no others wishing to be heard Baldwin closed the meeting at 8:31 p.m. Baldwin presented the following list of changes to be made in the assessment roll for the 1993 street project: 1596 Vincent front footage reduced to 81.5 sidewalk footage reduced to 69.5 ft. 2190 Folwell front footage reduced to 85 ft. 1586 Burton front footage reduced to 85 ft. 1578 Burton front footage reduced to 85 ft. 1564 Burton front footage reduced to 85 ft. Baldwin declared that these are the only exceptions to the assessment policy for the 1993 improvement project. Also noted was the possibility of a claim for partial sidewalk reimbursement from 1603 Northrop. Bachman reminded council that they must hear and pass upon all written objections after which council addressed a written objection from Norman Fruman, 2180 Folwell, regarding the amount of his assessment. Mr. Furman's property is on a corner lot, the short side (Folwell) being scheduled for overlay and the long o~ MINUTES MAY 12, 1993 PAGE 6 side (Coffman) for reconstuction. Mr. Furman's assessment was calculated based on the short side footage, but assessed at the reconstruction rate. Baldwin felt this was consistent with the assessment policy which provides for using the footage for the short side when reconstructing the long side and that the property owner would not be bearing an undue portion of the project cost. Baldwin stated that unless he heard otherwise from council the objection will be denied and passed on to the clerk. Council made no comments. In addition to the Fruman objection the following written objections were also presented. Jack W. Miller 2111 Hoyt Sidewalk replacement unnecessary and too expensive Clinton T. Johnson 2203 Hoyt Sidewalk replacement unnecessary except for one block Martin McCleery 1918 Autumn Descrepancy in front footage on plat map R. B. & Hazel Garcia 1906 Prior Descrepancy in front footage on plat map A written objection from Frederick Cooper and Helen Griebel regarding the assessment charge was addressed during the hearing as Mr. Cooper was in attendance. Some adjustments to the assessment were made. There being no further comments from council, Baldwin declared that all written objections are denied by council and being passed on to the city clerk. The clerk was directed to notify those who submitted written objections of the procedure to be followed if they wish to appeal the assessment. Ciernia moved the approval of Resolution R-93-25 adopting the assessment roll as amended. Motion carried unanimously. RESOLUTION R-93-25 A RESOLUTION ADOPTING THE ASSESSMENT FOR THE 1993 STREET IMPROVEMENT PROJECT 1993 AUDIT REPORT PRESENTED AND ACCEPTED David Hennenkamp, representing the city's auditing firm, Kern, DeWenter, Viere Ltd., made a brief presentation of the audit 03 MINUTES MAY 12, 1993 PAGE 7 report and indicated the city is in sound financial condition. Council accepted the report. APPROVAL TO EXPEND FUNDS FOR LEGAL AND PLANNING STUDIES .FOR COMMERCIAL USES WITH POSSIBLE SECONDARY IMPACTS Hoyt reviewed the progress to date on the commercial zoning planning study. As the study precedes it has become apparant that some commercial uses may be identified as having potential secondary impacts on the other businesses and neighborhoods. For this reason staff has recommended that up to $10,000.00 be expended for additional planning and legal research associated with this secondary impact study. Hoyt also recommended that the moratorium now in effect be referred to the planning commission for review to determine if the moratorium is specific enough. Gibson Talbot moved that the administrator be authorized to expend up to $10,000.00 for the study. Motion carried unaimously. COMMERCIAL DEVELOPMENT MORATORIUM TO BE REFERRED TO PLANNING COMMISSION FOR REVIEW Jacobs moved that the commercial development moratorium be referred to the planning commission for review as recommended by staff. Motion carried unanimously. COUNCIL WORKSHOP SCHEDULED FOR 5/22/93, 9:00 - 11:00 A.M Baldwin recommended that council schedule a workshop for the purpose of discussing what "better government" looks like in Falcon Heights to provide some framework for discussions with Roseville. He also offered to facilitate the workshop. Council concurred and scheduled the workshop for Saturday, May 22, 1993, 9:00 - 11:00 a.m. ADJOURNMENT The meeting was adjourned at 9:22 p.m. .w, Tom Baldwin, Mayor ATTEST:( ( ~/ ~~ Shirley Chen weth, City Clerk