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HomeMy WebLinkAboutCCMin_95May10CITY OF FALCON HEIGHTS REGULAR CITY COUNCIL MEETING MINUTES OF MAY 10, 1995 2'~ Mayor Baldwin convened the meeting at 7:02 p.m. PRESENT Baldwin, Gehrz, Gibson Talbot, Hustad, and Jacobs. Also present were Hoyt, Asleson, Maurer, and Sampson. COMMUNITY FORUM There were no comments from the floor. MINUTES OF APRIL 26, 1995 Minutes were approved as presented by unanimous consent. CONSENT AGENDA APPROVED Administrator Hoyt noted that staff had been able to find a lower bid for the top soil mentioned in item C-6. Larson Excavating will provide the soil for 5900.00. There being no objections from the council, this amendment was made to consent agenda item C-6. Motion was made by Councilmember Gehrz to approve the following consent agenda. Motion carried unanimously. 1. Disbursements a. General disbursements through 5/4/95: 533,289.63 b. Payroll, 4/16/95 to 4/30/95: 510,888.37 2. Licenses 3. Authorization to contract for consultant services to review and update the city's tax increment capital plan 4. Authorization to proceed with landscaping plans for the lot in front of city hall 5. Authorizations for the city attorney to provide legal services related to the Falcon Crossing property tax court appeal 6. Authorization to purchase park benches and waste receptacles PUBLIC HEARING PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR THE 1995 ALLEY RECONSTRUCTION PROJECT Engineer Maurer gave a brief summary of the final costs associated with the alley reconstruction project. Assuming that some minor storm sewer work is performed, the final cost of the project will be 5151,406.18. This works out to 522.58 per alley frontage foot to be assessed to homeowners (the city pays 10% of the cost of alley reconstruction). This amounts to 51 129 for a typical 50 foot lot. Mayor Baldwin opened the public hearing on this project at 7:14 p.m. There being no one wishing to be heard, the hearing was immediately closed. City Council Minutes May 10, 1995 Page 2 ~ ~ ,` POLICY AGENDA CONSIDERATION OF RESOLUTION 95-13, ADOPTING ASSESSMENT ROLL FOR THE 1995 ALLEY RECONSTRUCTION PROJECT Administrator Hoyt noted that affected property owners had received notices of their final assessment amounts due and that two responses had been received. The first was by new owners Steven and Amy Burd, 1491 W. California Avenue, who had not been informed of the pending assessment by their title company and are working with them on this issue. The second response was from Harold Arneman, 1403 W. California, who submitted a formal protest to his assessment amount, claiming that he should not be assessed the full amount on his corner lot due to a past higher assessment. Mayor Baldwin noted that the corner lot issue had been discussed at a previous council meeting and the council had determined that it would be inappropriate to adjust the assessment amounts on corner lots. Motion was made by Councilmember Gibson Talbot to adopt Resolution 95-13 as presented, with no adjustments to any property's assessment amounts. Motion passed unanimously. CONSIDERATION OF RESOLUTION 95-14, AWARDING A BID FOR THE 1995 ALLEY RECONSTRUCTION PROJECT TO F.M. FRATTALONE The lowest bidder for the 1995 alley reconstruction was F.M. Frattalone, at S 1 1 1,306.55. City Engineer Maurer recommended accepting that bid. Councilmember Jacobs moved adoption of Resolution 95-14, awarding a bid in the amount of S 1 1 1,306.55 to F.M. Frattalone for the 1995 alley reconstruction project. Motion passed unanimously. PROPOSED REVISIONS TO THE ZONING CODE REGARDING GUN SHOPS AS A CONDITIONAL USE IN A B - 3 ZONE (ORDINANCE 95-01 AND RESOLUTIONS 95-12 AND 95-15) Administrator Hoyt explained that over the past two years the planning commission and city council had reviewed the business uses in the busienss district to make sure that they are compatible with each other and with the neighboring residnetial areas. Stores taht sell firearms are the remaining use to be addressed. Firearms are a uique use in that the state preempts the city from any control over firearms with the exception of permitting zoning for firearms. This exception was created by the legislature in 1993. The planning commission recommended allowing gun shops as a conditional use in a B - 3 zone. Motion was made by Councilmember Hustad to approve Ordinance 95-01, Resolution 95- 12 (summary publication) and Resolution 95-15 (findings of fact). Motion passed unanimously. REQUEST TO AMEND THE CITY CODE TO REQUIRE LEASHING OF CATS City Council Minutes May 10, 1995 Page 3 _ 2_ fl Jo Behm, 1417 W. California Avenue, requested that the council consider changing its cat ordinance to require that cats be leashed. Unleashed cats are killing birds in her neighborhood, spraying her front stoop, and harassing her small dog. Ms. Behm has spoken to the owners and they are not doing anything about the problem. Mayor Baldwin stated that it would inappropriate to use city ordinances to regulate the balance between predators (cats) and prey (birdsl• In addition, enforcement of cat laws is more difficult than dog laws, and would require the energy of the police department to chase cats up trees and so on. Administrator Hoyt noted that the ordinances that are already in place do make it a violation of code to own a cat that destroys or defecates on other people's property. The current ordinances do not, however, require leashing of cats. Councilmember Hustad stated that all of Ms. Behm's concerns appear to be covered by current ordinances with the exception of the killing of birds. Councilmember Jacobs noted that cat ordinances are difficult to enforce even when they exist and suggested that Ms. Behm continue to work with her neighbor to alleviate the problem. CONSIDERATION OF ORDINANCE 95-02, DELETING FROM THE CITY CODE THE INTERIM MORATORIUM ON COMMERCIAL DEVELOPMENT Administrator Hoyt reported that the council's action on zoning for gun shops was the last step in the city's review of the commercial development district, and that it would be appropriate to repeal the commercial development moratorium from the zoning code. Motion was made by Councilmember Jacobs to adopt Ordinance 95-02, deleting from the city code the interim moratorium on commercial development. Motion passed unanimously. CONSIDERATION OF RESOLUTION 95-16, SUPPORTING THE NATIONAL LEAGUE OF CITIES' LOBBYING EFFORTS REGLATED TO THE ASSAULT WEAPONS BAN Mayor Baldwin reported that the National League of Cities, Falcon Heights' national lobbying organization, has requested the support of its member cities. They have asked that the city pass a resolution in support the League's opposition to the repeal of the national assault weapons ban. The League has taken the position that the ban is a good thing for cities and is proposing to oppose these efforts. Charles Peterson, 1591 Garden, stated that he was a lobbyist for the United Sportsmen of Minnesota, although he was speaking as a private citizen in this instance. Mr. Peterson stated that he is opposed to the restriction of guns and that it is unnecessary to pass laws that aren't needed. Mayor Baldwin explained that the city is preeempted from passing any type of legislation on firearms with the exception of zoning. The assault weapons ban is a piece of federal City Council Minutes May 10, 1995 Page 4 legislation, not local. The city council's role is to determine whether to support the efforts of their national lobbying group. Mr. Peterson stated his opposition to the city even passing a resolution of support, even if they have no regulatory control. He also stated his opposition to the council's previous action of zoning gun shops as a conditional use. Councilmember Hustad said that he was uncomfortable with the council passing resolutions of support or opposition over matters where they have no jurisdiction. He explained that he is not necessarily uncomfortable with this topic, but rather with the process. Mayor Baldwin explained that the National League of Cities has asked for support on this topic in order that cities can show unity over a very controversial topic. Groups that are proposing to repeal the assault weapons ban are very united and organized, so cities must show the same unity. Motion was made by Councilmember Gibson Talbot to adopt Resolution 95-16, supporting the assault weapons ban. Motion passed with four ayes, zero nays, and one abstention (Hustad). CITY INFORMATION AND ANNOUNCEMENTS Councilmember Gibson Talbot noted the need for new Human Rights Commissioners. Administrator Hoyt noted that 93 boulevard trees had recently been planted in the Northome neighborhood as a result of a Unitree grant. She also made miscellaneous announcements regarding upcoming city events. ADJOURNMENT The meeting was adjourned at 8:03 p.m. Tom Baldwin, Mayor D~A Carla Asleson Recording Secretary 2