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HomeMy WebLinkAboutCCMin_84Nov28 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1984 <~~ , ^'v A regular meeting of the Falcon Heights City Council was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Baldwin, Hard, present were Attorney Van de North, Engineer Chenoweth. None. Chestovich, and Ciernia. Also PRESENT Schunicht, and Fiscal Consultant ABSENT Councilmember Chestovich moved, seconded by Mayor Eggert, that the Consent CONSENT Agenda be approved as presented. Motion carried unanimously. AGENDA APPROVED 1. Falcon Heights Fire Reports ~~1-02384 - 1~1-2584 2. Falcon Heights Rescue Report ~~2-08784 - ~~2-0938 4 3. Lauderdale Fire Report ~~3-01384 4. Lauderdale Rescue Reports ~~4-03984 and ~~4-04084 5. General Disbursements 11/15/84 - 11/28/84 $70,966.34 Sinking Fund $ 2,101.84 6. Liquor Disbursements 11/10/84 - 11/26/84 $ 2,837.56 7. General Payroll 11/1/84 - 11/15/84 $ 7,082.05 8. Park and Recreation Commission Minutes of November 5, 1984 9. Human Rights Commission Minutes of October 18, 1984 10. Prosecutor's Statement for October, 1984 11. Planner's Statement for October, 1984 12. City Attorney's Statement for October, 1984 13. General Contractor's License 1 Wallmaster Company, Inc. ~~1261 1141 West Montana St. Paul, MN 55108 Mayor Eggert moved, seconded by Councilmember Ciernia, that the Minutes MINUTES OF of November 14, 1984, be adopted as corrected. Upon a vote being taken 11/14/84 the following voted in favor thereof: Mayor Eggert, Councilmembers Baldwin, APPROVED Chestovich, and Ciernia, and the following voted against the same: None. Councilmember Hard abstained. Motion carried. Mayor Eggert moved, seconded by Councilmember Chestovich, that the following ADDENDUM TO item be added to the agenda: Resolution of Preliminary Intent Relat- AGENDA ing to Retail Development of the Southeast Corner of Larpenteur and Snelling, and Preliminary Development agreement with $10,000 Letter of Credit. Motion carried unanimously. Councilmember Ciernia moved, seconded by Councilmember Baldwin, that Resolution 84-41 be adopted. Motion carried unanimously. RESOLUTION 84-41 RESOLUTION 84-41 A RESOLUTION ESTABLISHING THE RATE OF ASSISTANCE FOR SHADE TREE SANITATION ON PRIVATE PROPERTY Engineer Schunicht requested that the hearing scheduled for December 12, 1984 regarding the University Grove storm drainage be cancelled and rescheduled for February 13, 1985 at 7:15 P.M. Mayor Eggert moved, seconded by Councilmember Ciernia, that Resolution 84-42 be adopted. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1984 PAGE 2 RESOLUTION 84-42 A RESOLUTION REGARDING PROPOSED STORM WATER. DRAINAGE IMPROVEMENTS IN THE UNIVERSITY GROVE AREA AND RESCONDING RESOLUTION 84-40 Mayor Eggert moved, seconded by Councilmember Baldwin, that Payment No. 2 be made to Hayes Contractors, Inc. in the amount of $5,773.91 for the Larpenteur Avenue Watermain Project. Motion carried unanimously. Clerk Administrator Barnes presented a request from the University of Minnesota (letter dated November 9, 1984) requesting the refund of $7,300.00 sanitary sewer charges. Mr. Barnes explained that in an agreement with the University, Falcon Heights agreed to give credit for evaporation in their cooling towers if the towers were metered, and the meters kept in working order at all times. The University had been warned that the meters were not operating properly, but did not repair them. Mr. Barnes was not in favor of refunding the amount requested. Following a discussion, the Engineer was directed to contact Metropolitan Waste Control Commission regarding the method used for charging the University. The matter will be discussed furthEr <~t t~.he December 12 meeting, and Mr. Barnes will inform the University that the matter has been delayed. ~.1 RESOLUTION 84-42 PAYMENT N0. 2 MADE TO HAYES CONT- RACTORS, INC. REQUEST FROM UNIVERSITY OF MN FOR SEWER CREDIT DEFERRED TO 12/12/84 Attorney Van de North explained that he had done research on the refunding INTEREST ON of interest paid by the residents outside the Albert/Pascal re-assessment area.TAX PAYMENTS Property owners who allowed the assessment to go on the tax rolls have in- TO BE REFUND- curred interest costs and he has determined that this amount should be re- ED ALBERT/ refunded in addition to the principal payment. Following a short discussion, PASCAL Mayor Eggert moved, seconded by Councilmember Hard, that the interest payments be refunded as recommended by the City Attorney. Motion carried unanimously. Mayor Eggert explained that even though Bradford Schools has not requested TIF FOR Tax Increment Financing for the proposed project, the City could still place BRADFORD the project in a financing district and obtain the extra funds. These funds SCHOOLS could be used to assist in paying off the bonds (could be paid off 2-1/2 years DISCUSSED early, thus saving interest), possibly to defray costs if the storm sewer is desired on Lindig St., or perhaps to assist in the purchase of afire truck. Attorney Ippel explained that there might be two possible methods by which the City could use the funds for afire truck, (1) if the City determines the project is of such a size or height that the additional truck is deemed necessary, or (2) if bonds were to be issued for the truck, and the use of the tax increment funds for that purpose is in the agreement with the developer. Councilmember Ciernia asked which would be more beneficial to the City, to allow Bradford Schools to go on the tax roll or tax increment financing. Fiscal Consultant Chenoweth explained that it would give more backing to the bonds, the bonds could be paid off at an earlier date. He also was of the opinion that if the funds were generated, they should be used for a project. MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1984 PAGE 3 Mr. Chenoweth then commented on his conversation with Jack Klepp (Retirees Condominium .project) and the fact that they desire a 15 year increment, and that Briggs and Morgan are researching whether or not a 15 year increment is allowed by statute. 1 ~.~,.~, U OF MN RETIRE LENGTH OF TIF TO BE RESEARCH ED Planner John Uban explained that Embers is still in a position to participate BULLSEYE in a ccmbined parking lot with Bullseye, however, Bullseye has failed to GOLF meet with Henry Kristal, owner of the Embers. Mr. Uban urged the City to PROJECT request that Bullseye pursue an agreement with Embers. Mr. Uban then reviewed his memorandum dated November 20, 1984 regarding the Bullseye site plan and explained the recommendations. He also strongly urged irrigation in order that the plantings have a better survival rate and appearance, and was of the opinion that since Bullseye is being assisted by tax increment financing some guarantee should be made that plantings will be maintained and replaced during the increment period. Mayor Eggert and Planner Uban will draft a letter to Bullseye explaining the problems, such letter to be approved by the City Attorney prior to presenting it to Bullseye. Councilmember Hard and the Planner discussed varities of plantings and which would be most appropriate in that area. Mayor Eggert inquired whether or not the City can legally require maintenance of the landscaping since it is not in the agreement, to which Attorney Van de North replied it could be a condition on approving the landscaping plan. Mayor Eggert opened for Council discussion the possibility of extending FOUR YEAR the Mayor's term of office from two to four years, and stated that he, TERM FOR MAYOR personally, felt there are some advantages to a four year term such as long DISCUSSED - range planning, continuity, more capable people might be willing to run for DEFERRED TO off ice. Mayor Eggert would prefer to have the change made not for the upcomingl2/12/84 election but for the 1987 election. Councilmember Ciernia felt that the Mayor assumes more for a leadership role and some residents might feel he sould be subject to more frequent review. He suggested that the matter might be placed on the next ballot as an advisory referrendum. It was also suggested that the matter could be explained in an upcoming newsletter. Following the discussion, the City Attorney was directed to research the matter and report back on December 12, 1984. Mayor Eggert presented two bids on construction of a door between the Fire Department and Administration as follows: (1) Robert 0. Westlund Construction Co., $2,895.00, and (2) Michels Construction Company, $1,983.00. Mayor Eggert moved, seconded by Councilmember Ciernia, that the bid be awarded to Michels Construction Company, Motion carried unanimously. Councilmember Baldwin moved, seconded by Councilmember Ciernia, that December 5, 1984 be declared Human Rights Day in Falcon Heights, and that an appropriate message be displayed on the sign at the entrance to City Hall. The information will also be published in the official newspaper if time allows. BID ON DOOR BETWEEN FIRE DEPT. & ADMIN. AWARDEI TO MICHELS CONSTRUCTION DECEMBER 5 1985 DECLARED HUMAN RIGHTS DAY Attorney Van de North presented ordinances from other communities dealing OFF SALE with off sale liquor licenses. Council discussed whether or not the LIQUOR City wants to provide the community with such a facility, how many LICENSE licenses should be issued, choosing the applicants, impact on neighborhood, DISCUSSION and policing problems. Attorney Van de North was directed to draft a 1 MINUTES ~~ REGULAR CITY COUNCIL MEETING j ~~ NOVEMBER 28, 1984 PAGE 4 proposed ordinance to be presented for review by Council on December 26. He also is to research whether or not such a business can be restricted geographically. Engineer Schunicht explained that the home to be constructed on the DISCUSSION Lindig Street lot owned by V. Elving Anderson, cannot have a gravity CONSTRUCTION sewer system in a full basement, and the purchaser of the lot would like to ON LINDIG construct a gravity sewer system on the first floor with a sump pump in a STREET LOT full basement. The Engineer had no problem with the proposed if the sump pump is required. Council had no objections. Councilmember Ciernia commented on the fact that during the State Fair, STATE FAIR residents advertised by sign, and sold parking spaces on their residential PARKING property. Following a short discussion, Council concurred that if this is a problem in the future, that the deputies be directed to strictly enforce the sign ordinance. Mayor Eggert provided the following information: (,l) The Lido Committee COUNCIL has met without the Planner or Councilmembers, and have now called a meeting INFORMATION for December 4th at City Hall to which the Mayor and Planner have been LIDO UPDATE, invited, (2) the Redevelopment Committee has not met recently, however REDEVELOPMENT they will be scheduling a meeting to develop guidelines for development COMM. UPDATE, of the southeast corner, and (3) Referred to a letter from Robert Collins, BULLSEYE RE- representing Bullseye Golf, requesting that the City pay for some merchandise QUEST FOR damaged by water in the basement of the liquor store building. Mr. Barnes PAYMENT OF explained that he had been informed by a Bullseye employee that the WATER DAMAGED valve on the pipe to the ice machine was in the way and he pushed it into MERCHANDISE the basement. Mr. Barnes stressed that there was no leak when the keys were turned over the Bullseye. Attorney Van de North will draft a letter to Bullseye explaining the situation and also reminding that the lease agree- ment states that Bullseye will be responsible for minor repairs to the building. Secretary Chenoweth announced that all Councilmembers and their families are FIRE/RESCUE invited to the Fire/Rescue Department Christmas Party on December 16, 1984, CHRISTMAS and that reservations should be made by December 6th. PARTY Councilmember Ciernia inquired as to whether or not Senator Dieterich and DIETERICH & Representative Rose have been contacted regarding obtaining funds for ROSE TO the University of Minnesota to participate in the repair of Roselawn REQUEST FUNDS and Cleveland. Clerk Administrator Barnes informed that he had already FOR ROSELAWN/ met with Representative Rose and would soon be contacting Senator Dieterich. CLEVELAND CONSTRUCTION Councilmember Ciernia informed that some communities are licensing lawn services and asked if Council was interested in licensing those working in Falcon Heights. Since the persons providing the service are licensed by the State, no action was taken. The matter of dental insurance for employees was deferred until further DENTAL information is received regarding dental and health insurance through INSURANCE Ramsey County. DEFERRED MINUTES REGULAR CITY COUNCIL MEETING ~ '. ti NOVEMBER 28, 1984 PAGE 5 Attorney Ippel presented the first drafts of the Tax Increment Financing TIF & IDB and Industrial Revenue Bond policies which were drafted following a POLICIES Council workship. Council reviewed and discussed the Industrial Revenue PRESENTED Bond policy and suggested changes and corrections. The Tax Increment policy was not discussed as the persons presenting the next agenda item arrived. Milton Cohen, the proposed developed of the southeast corner of Larpenteur DEVELOPMENT and Snelling, commented on his meeting with the Redevelopment Committee, OF COHEN and provided Council with the same information given the Committee. He PROPERTY - then explained that the project will be done in two phases, 100,000 square REQUEST FOR feet of retail to be constructed first, housing at a later date, and TIF & IDB that, at this time, he is requesting the City authorize applying for BONDS Industrial Revenue Bonds. Terry McNellis, Piper, Jaffray and Hopwood, explained that the reason for the haste in applying for bonds is that there are funds to be allocated in 1984, whereas there may not be funds available in 1985. He assured that they have no intention of circumventing any City requirements, but would follow all rules and regulations. Mr. Cohen indicated that. they own all of the present retail property on the corner except for Clark's Submarine, and that he is negotiating for the purchase of that property. Attorney Ippel explained that the City and the developer could enter into an agreement tonight with safeguards to the City that the customary requirements will be followed, and if the City indicates its intent to issue Industrial Revenue And Tax Increment Bonds, it would not bind Council to give approval to the project. Mr. McNellis also stressed that if an agreement cannot be reached which satisfies the Redevelopment Committee, Planning Commission, and Council, the City would not be required to participate. Mayor Eggert moved, seconded by Councilmember Hard, that the meeting be MEETING extended until the discussion is completed. Motion carried unanimously. EXTENDED A discussion continued regarding tax increment fund projections, whether or COHEN DEVELOP- not the retail project is viable, without the housing (Mr. Cohen assured it MENT was), impact on the neighborhood, and some background on Mr. Cohen's other CONTINUED projects. Attorney Ippel then presented the proposed resolution which Council reviewed SPECIAL and corrected. Councilmember Baldwin questioned the advisability of proceedingMEETING ON with the matter since the partnership has not yet been formed and it is possi- COHEN ble Council might not want to deal with the partners. A discussion followed, PROJECT after which it was decided no action should be taken until the partnership is SCHEDULED formed and the City is provided with all pertinent information. Mayor Eggert FOR 6/6/84 moved, seconded by Councilmember Ciernia, that a special meeting be scheduled for December 6, 1984, at 8:15 P.M. for the purpose of reviewing the partnership and reachi.n~ a decision on the request for application for Industrial Revenue Bonds. Motion carried unanimously. Upon the recommendation of Attorney Ippel, Mayor Eggert moved, seconded by PUBLIC HEARING Councilmember Ciernia, that the public hearing relating to issuance of revenue ON REVENUE & bonds and tax increment bonds be scheduled for December 26, 1984 at 7:15 P.M., TIF BONDS TC and that publication be authorized. Motion carried unanimously. BE HELD 12/26/84 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1984 PAGE 6 .$ :~; ~. Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting be ADJOURNMENT adjourned at 11:30 P.M. Motion carried unanimously. 1 ATTEST: ,G'CJt~~' %~~ „cam Dewan B. Barnes, Clerk Administrator Regular City Council Meeting of November 28, 1984