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MINUTES
REGULAR CITY COUNCIL MEETING
MAY 26, 1993
Baldwin called the meeting to order at 7:00 p.m.
MEMBERS PRESENT
Baldwin, Ciernia, Gehrz, and Jacobs. Also present were Chenoweth
and Westerberg.
ABSENT
Gibson Talbot.
MINUTES OF 5/12/93 APPROVED
Council approved the Minutes of May 12, 1993 by unanimous
consent.
CONSENT ITEM C-8, CLAIM FOR SIDEWALK RECONSTRUCTION
REIMBURSEMENT, TRANSFERRED TO POLICY AGENDA
Council moved Consent Agenda Item C-8, Claim for Reimbursement
for Sidewalk Reconstruction to the Policy Agenda.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1. Disbursements
a. General disbursements through 5/17/93, $83,301.96
b. Payroll, 5/1/93 - 5/15/93, $11,143.82
2. Licenses: Roto Rooter, #2021, E.L.K. Mechanical,
#2020, Precision Landscape, #2022
3. Acknowledgement of administrator's participation in the
AMM Board
4. Adoption of Resolution R-93-26 granting a variance to
the sideyard setback for construction of a garage at
1447 W. California Ave.
5. Adoption of Resolution R-93-27 granting a variance to
side and front yard setbacks for installation of a sign
at 1579B Hamline (Blomberg Building)
6. Approval of expenditure of approximately $6,112.83 for
fire hydrant work as part of the 1993 street project to
be funded from water fund
7. Adoption of the following items bringing the city into
compliance with the Federal Americans with Disabilities
Act:
a. City's ADA self-evaluation form
b. Resolution R-93-28, relating to Human Rights
Commission's findings and amending certain
MINUTES ~ ,~
MAY 26, 1993 `t
PAGE 2
portions of the city's Administrative Manual
c. Ordinance 0-93-04 excluding guide dogs and K-9
dogs from the regulation prohibiting animals in
city parks
CLAIM FOR PARTIAL REIMBURSEMENT FOR SIDEWALK RECONSTRUCTION AT
1603 NORTHROP
Baldwin explained that the petitioner, Ms. Carolyn Collins, 1603
Northrop, had responded to the city's 1992 request to repair the
sidewalk and had the sidewalk completely reconstructed. Ms.
Collins is now requesting some reimbursement as the sidewalks are
now included in the 1993 improvement project and the cost which
would have been assessed with the project is considerably less
than the price Ms. Collins paid a private constractor. During a
discussion of the matter at the May 12th assessment hearing
Council agreed that there should be some reimbursement.
He stressed that council must be cautious that any payment does
not constitute giving a gift of taxpayers' money to a private
property owner and that city policy does not allow individual
private residents to expend tax money as the city obtains better
prices when contracting for city projects. He felt that the
staff recommendation that the reimbursement be based on the
estimated general tax fund cost to the city as part of the
project, $690.25, would meet the guidelines.
Gibson Talbot arrived at this time.
A lengthy disucssion ensued regarding various formulas which
might be used to determine an appropriate amount of
reimbursement, such amounts ranging from $1,002.00 to the $690.00
recommended by staff, whether or not the sidewalk repair letter
prompted the property owner's decision to reconstruct the
sidewalk, and if the portion of sidewalk reconstructed on a
neighboring property should. be included in the reimbursement.
Following the discussion Jacobs moved that as a compromise an
amount of $800.00 be reimbursed.
Ms. Collins felt that by doing the whole neighborhood the city is
giving more subsidy to the other property owners. She also
indicated that she and some other neighbors did not receive the
August 17, 1992 letter, but she now has a copy which she felt
indicated the street project might damage an existing sidewalk,
not that there might be reconstruction with the street project.
She indicated that the city was premature in sending sidewalk
letters, thus not giving her an opportunity to participate in the
city project, and asked that council take that into
consideration.
After further discussion a vote was taken on the motion. The
following .voted in favor of reimbursement in the amount of
o~
MINUTES
MAY 26, 1993
PAGE 3
$800.00: Baldwin, Ciernia, Gehrz and Jacobs, and the following
voted against the same: Gibson Talbot. Motion carried.
REVIEW AND ACCEPTANCE OF SCHOOL PLAN FOR FALCON HEIGHTS
ELEMENTARY SCHOOL
John Thein, representing the school district introduced school
officials, school board members, and project architect, John
Hamilton. Mr. Hamilton gave a slide presentation on the site and
floor plans for the improvements, and responded to questions.
Gehrz left the meeting at this time.
Following the presentation Cierna moved adoption of the
renovation plans for Falcon Heights Elementary School,conditional
upon review by the city engineer. Motion carried unanimously.
REQUEST FOR LOT SPLIT FROM MARILYN E. & RAYMOND A. SANFORD, 1739
FAIRVIEW
Council considered the request to split the lot at 1739 Fairview
into two residential lots to accommodate the construction of a
new home on the westerly lot facing Lindig Street. The public
hearing on this issue was held by the planning commission on May
24, 1993 after which that body unanimously recommended approval.
Westerberg indicated there were a few drainage issues to be
addressed, however this can be acccomplished as the project
proceeds. He will request the surveyor to determine the easement
on Lindig which is to be deeded to the city. Westerberg stated
he was comfortable with the lot split. Gibson Talbot moved that
Resolution R-93-29 be adopted contingent upon review and approval
of the city engineer. Motion carried unanimously.
RESOLUTION R-93-29
A RESOLUTION APPROVING A LOT SPLIT REQUEST FROM
R. A. AND MARILYN E. SANFORD, 1739 FAIRVIEW AVENUE
ACCEPTANCE OF BID FROM F. M. FRATTALONE EXCAVATING AND GRADING,
INC. FOR 1993 IMPROVEMENT PROJECT
Westerberg recommended that the bid for the 1993 street
improvement project be awarded to F. M. Frattalone Excavating and
Grading, Inc. at a price of $758,643.75. Jacobs moved adoption
of Resolution R-93-30 which carried unanimously.
RESOLUTION R-93-30
A RESOLUTION ACCEPTING THE BID FOR THE 1993 IMPROVEMENT PROJECT
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MINUTES
MAY 26, 1993
PAGE 4
APPROVAL OF CODE AMENDMENT RELATING TO ROOFTOP DISPLAYS AND
AERIAL SEARCHLIGHTS
Council discussed the proposed code amendment on which the
planning commission held a public hearing on May 24, 1993.
Following the hearing the commission unanimously recommended
approval. Council expressed some concern with possible
misintepretation of the phrase "special civic event" and added
language to read "special civic event sponsored or endorsed by
the Falcon Heights City Council". Ciernia moved adoption of
Ordinance 0-93-05 as amended, which carried unanimously.
ORDINANCE 0-93-05
1
L
AN ORDINANCE AMENDING SECTION 9-13.03 (11) OF THE
CITY CODE RELATING TO ROOFTOP DISPLAYS AND AERIAL SEARCHLIGHTS
ADJOURNMENT
The meeting was adjourned at 8:10 p.m.
l~~ ~~ ~
Tom Baldwin, Mayor
ATTEST:
Shirley
City Clerk