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MINIITES
RDGULAR CITY COIINCIL MEETING
JULY 25, 1984
A regular meeting of the Falcon Heights City Council was called to order by
Mayor Eggert at 7:00 p.m.
Mayor Eggert Councilmembers Chestovich, Ciernia and Hard. Also present PRESENT
were Clerk Administrator Barnes, Attorney Gasteazoro and Engineer Schunicht.
Councilmember Baldwin.
Councilmember Chestovich moved, seconded by Councilmember Hard, that
the Consent Agenda be approved. Motion carried unanimously.
1. Falcon Heights Fire Reports #1-01284 - #1-01484
2. Falcon Heights Rescue Reports #2-015184 - #2-05884
3. Lauderdale Fire Report #3-00884
4. Lauderdale Rescue Reports #4-02084 - #4-02684
5. General Disbursements 7/12/84 - 7/25/84 X88,722.81
Sinking Fund $ 1 150.00
6. Liquor Disbursements 7/10/84 - 7/23/84 $14,703.62
7. General Payroll 7/1/84 - 7/15/84 3 6,891.05
8. Liquor Payroll 7/1/84 - 7/15/84 ~ 1,621.89
9. Building Inspector's Report for Max and June 1984
10. Prosecutor's Report for May 1984
11. Prosecutor's Report for June 1984
12. Bi~ionthly Financial Report
13. Liquor Store Financial Report for June 1984
14. Licenses:
Refuse Hasulers
Gas Installers
Wiley's Remov-all #1200
615 Holly Avenue
St. Paul, MN 55102
Churchill's Heating/Cooling, Inc. #468
818 North Prior
St. Paul, Mt3 55104
Kow~ski Disposal
1560 Oakdale
West St. Paul, MN
Total Energy Htg. & Cooling #467
5905 Lexington Avenue
Shoreview, MN 55112
ABSENT
~~
CONSENT
AGENDA
APPROVID
Service #1217
5511s
General Coruorate
fI
Falcon Heights Pharmacy #1218
1707 N. Snelling
Falcon Heights, MN 55113
Tree Removal
Northland Tree #1216
6074 Hodgson Road
st. Paul, MK 55104
Delange Dancers Studio #1220
1550 w. Larpenteur
Falcon Heights, MN 55113
Geo. Haines Tree Service #1219
1141 E. Cook
St. Paul, MN 55106
MINUTES
RIDULAR CITY COUNCIL MEETING
JULY 25. 1984
PAGE 2
Council approved the following additions to the Agenda: (1) Authorize
Necessary Legal Action on City Hall Completion and Hira~ng of Alternate
Law Firm, and (2) Request from Roc A-Fellas, 1554 w. Larpenteur, that
Whey be Allowed to Park Cars on the Grassy Area of the Parking Lot
~~uring the State Fair.
Councilmember Hard moved, seconded by Councilmember Chestovich, that the
Minutes of July 11, 1984 be approved as presented. Upon a vote being
taken the following voted in favor thereof: Councilmembers Chestovich,
Ciernia and Hard, and the following voted against the same: None.
Mayor Eggert abstained. Motion carried.
Councilmember Ciernia moved, seconded by Mayor Eggert, that the resignation
of City Horticulturist Fred Baker be accepted, and that Peter Bedker be
appointed Tree Inspector. Motion carried unanimously.
Engineer Schunicht presented the bids on the 1984 sealcoating project
and recommended Council accept the low bid from Buffalo Bituminous.
Council discussed the base bid and alternates No. 1 (walkway to park)
and No. 2 (walkway to the south of Falcon Woods No. 3) after ,which Mayor
Eggert moved, seconded by Councilmember Chestovich, that Resolution 84-22
be adopted awarding the seal coating project to Buffalo Bituminous, base
bid x24,260.00, and x2,430.00 for the walkway to the south. Motion carried
unanimously.
RESOLUTION 8~f - Z Z--
A RESOLUTION AWARDING THE 1984 SEALCOATING
STREETS WEST OF SNELLING AND WALKWAY SOUTH
OF FALCON WOODS N0. 3
At 7:15 p.m. Mayor Eggert opened the Public Hearing on the subdivision
request from Carol R. and V. Elving Anderson, 1775 N. Fairview, and
presented the Affidavit of Publication. Following a. brief discussion
by Council, and there being no one wishing to be heard, the Hearing
was closed at 7:20 p.m. M~ or Eggert moved, seconded by Councilmember
Chestovich, that Resolution 84-23 be approved. Motion carried unanimously.
RESOLUTION tS' ~~ - ~ 3
A RESOLUTION APPROVING THE REQUEST OF CAROL R.
AND V. ELVING ANDERSON FOR A SUBDIVISION OF
THEIR PROPERTY
Mayor Eggert gave a brief history of the old walkway to the park and new
walkway from Falcon Woods No. 3 to the park. He stressed the fact that
in the development agreement with Good Value Homes the City was provided
with a~n easement for access to the park and commented on the fact that
there was some confusion in transmitting that information to the persons
who purchased the property abutting the walkway. John Peterson, Good Value
-Homes, explained how the misunderstanding occurred and agreed to construct
a fence along the walkway when the City and homeowners agree upon fencing.
~~
ADDITIONS TO
AGENDA
MINUTES OF
7/11/84
APPROVED
FRED BAI~R
RESIGNS,
PETER BEDKER
APPOINTED
1984 SEAL-
COATING
RF50LUTIOIv
84-22
PUBLIC HEARIN
ON ANDERSON
SUBDIVISION
1775 FAIRVIEr~
RESOLUTION
84-23
PARK
WALKWAY
1'111 U 1 ~s7 ; ~~
RDGULAR CITY COUNCIL MEETING ~
JULY 25, 1984
PAGE 3
Mr. Peterson indicated Good Value would be willing to take bids on the PARK WALKWAY
paving of the walkway and finance that project if the City would consider (cont.)
the problem of the construction trucks driving in from the north solved.
The matter of the walkway was discontinued for the present as a Public Hearing
was scheduled for 7:30 p.m.
Mayor Eggert ogened the Public Hearing on the platting request from Grace HEARING ON
Lai, Ridgewood Estates Townhomes, 1881, 1885, 1893, 1897, 1889 W. GRACE LAI
Larpenteur and presented the Affidavit of Publication. Mark Haggerty, PLATTING
representing Ms. Lai, requested the Council approve the platting. There
being no one wishing to be heard, Mayor Eggert closed the hearing at 7:36
p.m. and then moved the adoption of Resolution 84-24. The motion was
seconded by Councilmember Ciernia and upon a vote being taken carried
unanimously.
RESOLUTION 84-24 RESOLUTION
A RESOLUTION APPROVING THE FINAL PLAT FOR RIDGEWOOD
ESTATES TOWNHOMES, 1881, 1885, 1893, 1897, 1899
WEST LARPENTEfTR AVENUE
At 7:45 p.m. the continuation of the hearing on the assessment policy (from
the June 27th meeting) was deferred until after the walkway and Bullseye
discussions.
Council again addressed the matter of the walkway and discussed whether WALKWAY
~r not to deed a portion of the land to the residents, the configuration DISCUSSION
of the fence, placement of the blacktopping in relation to the Swale,
and type of fence. Chuck Kelley, 1845 Moore, presented information on
split rail fencing and stated they preferred oak or southern yellow pine.
He explained that those types are more sturdy and do not rot or splinter
like cedar. Council proposed that the 5 foot walkway be blacktopped, limit
the easement to six inches on each side of the walkway, deed the remainder to
the homeowners, and the fence be placed on private property. Lowell Lundy,
1853 Moore, stated he did not want the fence on his property and he did not
want the .liability or maintenance. Ric Cox, 1842 Moore, felt that the chain
link fence would decrease the property values and recommended that the split
rail fence be constructed on City property. Following a lengthy discussion,
Mayor Eggert moved, seconded by Councilmember Chestovich,-that the City allow
Good Yalue to blacktop the 5 foot strip following the City's specifications,
with other issues to be addressed after Good Value and the homeowners make
a decision on the fence and its placement. Motion carried unanimously.
Attorney Gasteazoro informed Council she had spoken with Bob Collins, BULLSEYE
Attorney for Bullseye Golf, and he has agreed that the latest draft GOLF
of the development agreement is in good shape.
Mn~tt7TEs
REGIILAR CITY COUNCIL MEETING
,TIILY 25, 1984
PAGE 4
Mr. Collins addressed Council. informing that following the second appraisal
of Falcon Service Center, Bullseye had presented another offer to purchase
the property and that offer was rejected. He indicated they did not intend
to make another offer unless the station owners obtain an appraisal.
Neil Maday and Gary Ostergren, owners of Falcon Service Center, stated they
did not intend to obtain an appraisal due to the cost ($2,000), however,
they did not feel the appraisals obtained by the City and Bullseye took into
consideration their prime business location. He indicated that they had not
closed negotiations.
1
Attorney Gasteazoro presented information on condemnation proceedings in
the event Council should decide it is necessary to take that action.
She explained that an agreement is being drafted which will assure that
any expenses incurred in a condemnation action would be paid by Bullseye
Golf. Attorney Gasteazoro then explained the procedure to be followed in
condemnation as follows: The developers must put the owners of the
property on notice (20 days notice and filing with the District Court),
this will be followed by a District Court hearing and 90 days after the
hearing it is possible to do the quick take. She explained that the
condemnation is within the law, as the development benefits the public.
Attorney Gasteazoro stated that a method will be established whereby the
City will obtain all the parcels to be developed and then sell them to
Bullseye. Following a discussion regarding the possible condemnation of
the station, Mayor Eggert moved, seconded by Councilmember Chestovich,
that Resolution 84-25 be adopted. IIpon a vote being taken the following
voted in favor thereof: Mayor Eggert, Councilmembers Chestovich and Hard,
the following voted against the same: Councilmember Ciernia. Motion carried.
~~
BIILLSEYE
GOLF (cont.)
CONDENIDIATION
DISCUSSION
RESOLUTION 84-25
AUTHORIZATION TO COMI~NCE EMINENT DOMAIN PROCEEDINGS
RESOLIITION
84-25
Mayor Eggert opened the continuation of the Hearing on Assessment Policy ORDINANCE
at 9:40 p.m. Council discussed at length Subdivision 2 "Standards of N0. 206
Hardship" and there being no one in attendance wishing to be heard, Mayor
Eggert closed the hearing at 9:59 p.m. Mayor Eggert moved, seconded by
Councilmember Chestovich, that Ordinance #206 be adopted. Motion carried
unanimously.
ORDINANCE N0. 206
AN ORDINANCE ESTABLISHING A GENERAL POLICY
RELATING TO LOCAL II~ROVII~TTS AND SPECIAL
ASSESSMENTS
Council briefly discussed scheduling the assessment hearing on the
Albert/Pascal Street and Storm Sewer Improvement Project, and upon
the recommendation of Attorney Gasteazoro, the Clerk Administrator
and Attorney were directed to obtain an appraiser to address the property
values in the assessed area.
ORDINANCE
N0. 206
ALBERT/
PASCAL
ASSESSMEL~T
DISCUSSION
MINUTES
REGULAR CITY COUNCIL MEETING
JULY 25, 1984
PAGE 5
Engineer Schunicht explained that he is still awaiting the signing of an LARPENTEUR
agreement and obtaining easements from the University of Minnesota for AVE. WATER
construction of the Larpenteur Avenue watermain. The Engineer presented MAIN BIDS
bids on the watermain project and recommended that Council accept the low
bid from Hayes Contractors, Inc. Councilmember Chestovich moved, seconded
by Councilmember Hard, that Resolution 84-26 be adopted. Motion carried
unanimously.
RESOLUTION 84-26 RESOLUTION
84-26
A RESOLUTION AWARDING THE BID ON THE LARPENTEUR
AVENUE WATERMAIN INIPROVEMEDTT ( CLEVELAND TO FAIRVIEW)
Mayor Eggert moved, seconded by Councilmember Chestovich, that the following STATE FAIR
streets be posted "No Parking" during the::State Fair: (1) All of Northome PARKING
Addition, waterside, (2) All of Hollywood Court including alley, (3) St. RESTRICTIONS
Marys, Fry, Maple Knoll Drive and Garden Avenue west of Snelling, water
side, (4) Fairview Avenue, 1,300 feet north of Larpenteur Avenue on both
sides, {5) North of Larpenteur, between Snelling and Hamline, running to
Roselawn, except Holton, Albert axed Sheldon north of Ruggles, Water side,
(6) Tatum 1,300 feet north of Larpenteur, (7) Lindig Street on water side,
including cul-de-sac, and (8) Larpenteur Avenue from Snelling to Cleveland.
Motion carried unanimously.
Attorney Gasteazoro recommended that Council authorize necessary legal LAW FIRM OF
action on :the City Hall completion and explained that Briggs and Morgan STOPELSTED,
does have a conflict of interest and another firm should be appointed to BROWN & SMITE
handle the matter. Following a-short discussion, Mayor Eggert moved, TO HANDLE
seconded by Councilmember Ciernia, that the firm of Stopelstad, Brown and CITY HALL
Smith be retained to represent the City in the City Hall problem. COMPLETION
Motion carried unanimously. MATTER
Council discussed a request from Mark J. Rutzick, Roc A-Fellas, Inc., REQUEST FROM
1544 W. Larpenyeur, that they be allowed to park cars on the grassed ROC-A FELLAS
portion of their parking lot at State Fair time. Following discussion TO PARK ON
Councilmember Ciernia moved, seconded by Councilmember Hard, that the GRASS ~.T FAIF
request be denied and that Mr. Rutzick be advised that the City Ordinance TIME DENIED
prohibits parking on the grass. Motion carried unanimously.
Mayor Eggert informed Council that he and Engineer Schunicht had attended LAKE OVF~FL01~
the M~ ors' Lake Overflow Task Force meeting on July 24th and the group UPDATE
agreed to the recommendations stated in a memorandum from LOTAC dated
July 13, 1984. The Task Force is to finalize the recommendations for
approval by the cities involved.
Councilmember Ciernia presented the list of Community Park needs and PARK
approximate costs which had been prioritised by the Park and Recreation IMPROVEME[~TTS
Commission as follows: (1) Extension of fence on east side of park,
(2) New hockey boards for Community Park, and (3) Resurfacing of the new
tennis courts. Following a discussion Councilmember Ciernia moved, seconded
Mn~UTES ~
RDGULAR CITY COUNCIL MEETING
JULY 25, 1984
PAGE 6
by Councilmember Hard, that the fence be extended on:-the east side of the PARK
park, such fence to be installed by Sears at a cost of $1,577.26, the funds IMPROVEMENTS
to be taken from the Park Development Fund. Motion carried unanimously. (cont.
Councilmember Ciernia moved, seconded by Mayor Eggert, that the Clerk
Administrator be authorized to purchase new hockey boards for the park
at a cost of approximately X3,500 - #4,000 such amount to be paid from
the Park Development Fund. Motion carried unanimously.
Councilmember Ciernia moved, seconded by Councilmember Chestovich, that bids
be obtained, and the new tennis courts resurfaced, that cost to be paid from
the Park Development Fund. Motion carried unanimously.
Councilmember Ciernia and Clerk Administrator Barnes will obtain more
infoanation on the repair of the old tennis courts.
Council discussed the purchase of a projector screen after which it was PROJECTOR
decided to do nothing until a need is determined. SCREEN
PURCHASE
Attorney Gasteazoro informed Council that she would draft a letter to DELAYED
Good Value Homes acknowledging a deadline for completion of the project.
Mayor Eggert moved, seconded by Councilmember Hard, that the meeting be ADJOURNMENT
adjourned at 10:52 p.m. Motion carried unanimously.
ATTEST
Z
De an B. Barnes, Clerk Administrator
Regular City Council Meeting of July 25, 1984