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HomeMy WebLinkAboutCCMin_85Jun12MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 6 A regular meeting of the Falcon Heights City Council was called to order at 6:30 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Hard, Ciernia, Chenoweth, and Baldwin. Also PRESENT present were Attorney Van de North and Engineers Schunichtand Willis. None. ABSENT Mayor Eggert opened the Public Hearing on the Proposed Liquor Ordinance LIQUOR at 6:30 P.M. and presented the Affidavit of Publication. ORDINANCE PUBLIC HEAR- Mike Labalestra, representing the Lido Cafe, reviewed their letter dated ING AT 6.30 June 10, 1985 (a copy of which is on file in the Clerk's Office) expressing their concerns and making suggestions. Mr. Labalestra and Council MIKE reviewed and discussed each item in the letter. LABALESTRA LIDO CAFE Clement Lehnen, Falcon Lanes, Inc., questioned the portion of the ordinance regarding on-sale/off-sale non-intoxicating malt beverages CLEMENT being sold in one establishment and was informed that, if adopted, LEHNEN, the combination would not be allowed after 1988. Mr. Lehnen indicated FALCON he is considering not renewing his off-sale license at this time. There LANES being no others wishing to be heard, Mayor Eggert closed the hearing at 6:59 P.M. Council discussed at length seating ratios for lounge area/food HEARING service area, ratio of food to liquor, food/liquor ratios for banquet CLOSED facilities, and on/off sale wine licenses in one establishment. Attorney MATTER Van de North was directed to research the issuance of an off-sale wine DEFERRED license for a deli. The matter was then deferred to the June 19, 1985 TO 6/19/85 meeting. Mayor Eggert moved, seconded by Councilmember Hard, that the Consent CONSENT Agenda be approved with the following additions: (1) Park and AGENDA Recreation Commission Minutes of June 3, 1985, and (2) Annual Dues APPROVED Statement for Minnesota Human Rights Commission Membership. Motion carried unanimously. 1. Falcon Heights Fire Reports ~~1-01285 and 4~1-01385 2. Falcon Heights Ambulance Reports X62-05085 and 4~2-05185 3. Lauderdale Fire Reports X63-00985 - 4~3-01185 4. Lauderdale Ambulance Report ~~3-02085 5. Disbursements 5/23/85 - 6/12/85 $19,765.78 Sinking Fund 313.84 6. Payroll 5/16/85 - 5/31/85 $ 7,708.68 7. Amend the Ambulance Fee Schedule to Include the Following: (1) Defibrillation $100.00 and (2) EKG $50.00 8. Statement from Briggs and Morgan for Legal Fees Through April 20, 1985 9. Prosecutor's Statement for April, 1985 10. Job Descriptions for Park and Recreation Employees (Prepared by Commission) 11. Memo Dated June 5, 1985 Regarding Requests for Recreation Reimbursement for Activities Provided by Falcon Heights 12. Request from Fire/Rescue Department that Retired Personnel be Provided Free Ambulance Service Within a 2-1/2 Mile Area as is Presently Provided for Active Members (Responders do not Charge for their Time) 13. Licenses: Wine License 4611 North Star Pizza Corporation dba Shakey's Pizza Parlor 1552 West Larpenteur Falcon Heights, MN 55113 MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 - 6 PAGE 2 J ~~ 14. Park and Recreation Minutes of June 3, 1985 15. Annual Dues Statement for Minnesota Human Rights Commission Membership Councilmember Hard moved, seconded by Mayor Eggert, that the Minutes MINUTES OF of May 22, 1985 be approved as presented. Motion carried unanimously. 5/22/85 APPROVED At 7:30 P.M. Acting Mayor Hard opened the Public Hearing on a Conditional CONDITIONAL Use Request from Steven C. Emerson, 2129 West Larpenteur, to install a 65 USE APPROVED foot ham radio antenna and tower on his residence, and presented the S. EMERSON, Affidavit of Publication. There being no one wishing to be heard, Acting 2129 WEST Mayor Hard closed the hearing at 7:31 P.M. and moved approval of the Condit- LARPENTEUR Tonal use. Councilmember Baldwin seconded the motion, which carried unanimous:l~: RADIO TOWER Mayor Eggert opened the discussion on the conditional use request from Falcon Heights United Church of Christ, 1795 Holton, to increase the size of the parking lot. Engineer Schunicht reviewed his report dated June 3, 1985, after which Mayor Eggert reviewed Planner John Uban's report dated May 31, 1985 and discussed each point with the Church's architect Larry Walker of Sanders and Associates. Mr. Walker explained that they did not place the entrance on Pascal, as they did not wish to disrupt the neighborhood more than necessary, and the residents on Holton are accustomed to the entrance on the Holton side. He also felt that an opening on Pascal might encourage drivers to use the lot as a short cut. Following the discussion, Mayor Eggert moved, seconded by Councilmember Baldwin, that the conditional use be approved subject to approval of the final plans by Staff, the Engineer and Planner and leave open the option to add a Pascal exit if warranted by traffic congestion on Holton. Motion carried unanimously. Clerk Administrator Barnes informed Council that he had met with Fire Chief Renchin and Fire Department Liaison Chenoweth to discuss administrative problems connected with City employees serving on the Fire/Rescue Department. He commented on the new Fair Labor Act, which requires that after an employee's city time plus fire time totals 40 hours per week, the rate of pay must be time and one-half. Mayor Eggert explained that Chief Renchin has indicated he is about to the point of requesting full time day time personnel which would be considerably more expensive than paying a city employee regular salary, plus fire time, plus any possible overtime. He felt since the department is in desperate need of day time personnel that the appointment of a city employee would help alleviate the need temporarily. Council noted Councilmember Chenoweth's memo dated June 7th recommending that any City employee serving on the Department be paid regular pay plus fire time as is the practice in neighboring communities. Following the discussion, Mayor Eggert moved, seconded by Councilmember Hard, that Jay M. Morgan (a City employee) be appointed to the Fire/Rescue Department subject to the usual physical and 1 year probation, with the stipulation that he will not function as a sleeper or standby on week ends or holidays. Motion carried unanimously. Councilmember Ciernia suggested that some changes in the Fair Labor Act be pursued. CONDITIONAL USE FOR F.H. CHURCH OF CHRIST APPROVED DISCUSSION SALARY FOR CITY EMPLOYEE SERVING ON FIRE DEPT. JAY MORGAN APPOINTED TO FIRE/ RESCUE DEPARTMENT Mayor Eggert moved, seconded by Councilmember Hard, that Resolution R-85-24 be adopted. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 PAGE 3 RESOLUTION R-85-24 A RESOLUTION ORDERING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY AND PLANS AND SPECIFICATIONS FOR THE LARPENTEUR AVENUE/COFFMAN STREET UTILITIES AND STREET IMPROVEMENTS Mayor Eggert moved, seconded by Councilmember Ciernia, that the 1985 sealcoating plans and specifications be approved, and that advertisement for bids be authorized, bid opening to be schedule for 10:30 A.M., July 9, 1985. Motion carried unanimously. At 8:00 P.M. Mayor Eggert opened the Public Hearing on the Proposed Tatum Street Improvements and presented the Affidavits of Publication and Mailing. He then explained that the matter has been discussed in the past and is being considered again at this time as there are some tax increment funds available which could be used for the project, and those funds will only be available for a defined period of time. Engineer Schunicht explained the need for storm drainage and street reconstruction in the area, presented information on the estimated cost, and emphasized the availability of tax increment funds. Council questioned the amount of tax increment funds indicated in the Engineer's report since the City's records indicate a lesser amount. Mark Ascerno, 1871 Tatum, asked if the tax increment funds are not used for the project, but to pay off the bond issue, if the taxes would then come back to the City. Mayor Eggert explained that tax increment financing concept and that the approximately 12 percent of the taxes would come to the City. Mr. Ascerno felt Tatum is not in bad shape, feared increase in traffic and speed if-the street is improved, questioned who instigated the storm sewer project, felt that the Lindig lot owners might benefit at no cost to those owners (and Lindig owners had already shown opposition to the storm sewer), and felt this would not eliminate the drainage ditch on the east side of Tatum. Mr. Ascerno was opposed to the project and doubted that the cost of the project would improve his property by the $2,800 he would be assessed. Jim Colton, 1760 Tatum, stated he was not fond of the idea due to traffic and danger to children, but he did feel the time was coming when people will be asking Council to improve the street. He also stated that the availability of the tax increment funds gave him a different outlook on the matter. He then asked if the. drainage ditch would be removed to which Engineer Schunicht replied that a swale would still be necessary but the depth of the area could be reduced. The storm sewer would be constructed to handle a five year storm, which would be a definite benefit to the area. Roger Morris, 1920 Roselawn, indicated he opposed the project as it was premature, unnecessary and unjustified. He commented on the number of children in the area, problem of increased traffic, reduced property values, the fact that the area is semi-rural and should stay that way. He recommended that Council delay the improvement until the last possible moment it could be used. He then inquired about his right to appeal. Attorney Van de North replied he could take the City to court and attempt ~~ RESOLUTION R-85-24 PLANS AND SPECS FOR 1985 SEAL- COATING APPROVED PUBLIC HEARING ON PROPOSED TATUM STREET IMPROVEMENTS MARK ASCERNO 1871 TATUM JIM COLTON, 1760 TATUM ROGER MORRIS, 1920 ROSE- LAWN MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 PAGE 4 to prove that Council is arbitrary and capricious, and stressed that Council must consider broader interests of the community. He explained that there are specific procedures to be followed in objecting to an assessment. Engineer Schunicht explained that the cost of the project could increase from the proposed $2,800 to as much as $6,000 if tax increment funds are not utilized. He stated that the new street might draw a little more traffic (10 to 15 cars) but traffic patterns are already established. He felt that with the street being only 32 feet wide and with many parked cars, that speed should not increase greatly, the speed limit would remain the same and would be enforced. Florian Lauer, 1736 Tatum, asked if all areas in the City have storm sewers, if not, why not? He felt there was not a need for it. Engineer Schunicht explained that most of Falcon Heights is sewered (exceptions are Tatum, Lindig, Fairview, St. Mary's, the north end of Fry, and U of MN land). He explained that the longevity of streets improves with storm sewer as the salty snow runs off instead of standing on the street. E. J. Kemmer, 1768 Tatum, asked how Council would like the neighbors run- off water pouring onto their lots, that the drainage in the area is poor, and commented on the lots on Lindig in the "no build" area. Mr. Kemmer stated he also would like to see the speed slowed down on Tatum and suggested dips in the street. He stated he was in favor of the storm sewer but would not like to see traffic speed up. Myles Aikin, 1849 Tatum, inquired how wide the street would be and how driveway grades would be affected. Engineer Schunicht replied the street would be 32 feet wide and driveways would be restored to match the street. Mr. Aiken also commented on speed and increase in traffic, but felt ultimately something would have to be done with the street. He was undecided as to whether or not he was for the project. Mr. Aiken ased if it would be possible to put stop signs in the street to slow traffic to which the Engineer replied that stop signs in the middle of streets do not work well, people trust them and a strange driver might not expect them and run the sign. Mayor Eggert commented on the fact that the stop signs placed on Garden to slow traffic have not been effective, more run the signs than stop. John Labalestra, 1712 Tatum, asked if residential taxes would increase due to the improvements to which Mayor Eggert replied in the negative. Mr. Labalestra expressed conern over the possible increase in traffic, and speed. He felt the street did not need immediate repair, perhaps would in three or four years, and recommended the funds be invested rather than using them for street repair at this time. George Kilgriff, 1739 Tatum, was concerned that a street 36 feet wide would be constructed with parking only on one side, or a 32 foot street with no parking as was considered a few years ago. Mr. Schunicht explained that at the time Tatum was a MN State Aid Street, and those requirements were stipulated by State criteria. Mr. Kemmer also asked the cost of grading and sealcoating the street with no curb and gutters, and was informed it would be about $14.00 per foot. Mayor Eggert added that it is the City's policy to add curb and butter when streets are reconstructed to increase the life of the street. Engineer Schunicht f FLORIAN LAUER, 1736 TATUM E. J. KEMMER, 1768 TATUM MYLES AIKIN, 1849 TATUM JOHN LABALESTRA, 1712 TATUM GEORGE KILGRIFF, 1739 TATUM MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 ~ 7 PAGE 5 indicated it would add approximately five years to the street. Mayor Eggert then read into the record a letter from Harold C. Nilsen, HAROLD C. 1794 Tatum, indicating that he is strongly in favor of the project and NILSEN, urged Council to go ahead, 1794 TATUM John Janasek, 1808 Tatum, asked if it was possible to allow the Tatum JOHN JANASEK residents to vote on the project rather than Council and Mayor Eggert 1808 TATUM explained how improvement projects are instigated: (1) recommendation by City Engineer, or (2) petition by homeowners. Mr. Janasek felt there are many who are reluctant to give an opinion, but if they had a private ballot could give an honest answer. Mr. Janasek wanted it to go through, as the street is breaking up, but he felt it was due to poor patching. Choonig-Schn Youn, 1742 Tatum, felt the street was not bad and he opposed CHOONIG- the project as he was concerned for the safety and welfare of the SCHN neighbors. He felt it would not improve the property and asked that YOUN, 1742 Council wait. TATUM Donald Ledin, 1834 Tatum, asked if the double lots would be charged DONALD double, and it was explained that the second area would be charged LEDIN, only if the second phase (Lindig storm sewer) were implemented. Mr. 1834 TATUM Ledin stated there is not much flooding where he lives, and that he is concerned for safety of small children. Mr. Ledin explained that he was opposed to the project at the present time, just because there are funds available should not be the primary reason. Maxine Harkness, 1879 Tatum, stated she and her husband, Leonard, are MAXINE in favor of the project, as they felt it was time something should be HARKNESS, done for the neighbors who have suffered from water problems over the 1879 TATUM years. She then asked if the storm sewer would correct the ponding of water at Larpenteur and Tatum and Engineer Schunicht replied in the affirmative. Hans Schirrmeister, 1779 Tatum, asked if all homes on Tatum are connected HANS to natural gas, to which the Engineer replied that if gas has not been SCHIRRMEISTER, installed, it will be stubbed in when the street is under construction. 1779 TATUM Mr. Schirrmeister commented on the fact that there have been drainage ' problems for some time and he was in favor of the project. Pam Hove, 1905 Tatum, informed that they had recently had natural gas PAVE HOVE, installed and were told at that time that Northern States Power plans 1905 TATUM to install new meters at all locations. Ms. Hove was undecided as to the proposed Tatum project. Meredith Hill, 1804 Tatum, stated she was ambivalent; however, did not MEREDITH think her property justified a $2,800 investment, even though she agreed HILL, 1804 the street needs repair. She expressed concern for the safety of children TATUM in the neighborhood. Florian Lauer, 1736 Tatum, asked if in areas where there are no storm FLORIAN sewers at present, if they will be installed if streets are improved, LAUER, and Engineer Schunicht replied in the affirmative. 1736 TATUM MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 PAGE 6 Mark Ascerno, 1871 Tatum, expressed concern that speed would increase MARK and suggested making Tatum a dead end street (perhaps in the middle), ASCERNO, and asked that Council delay implementation of the project until the 1871 TATUM end of the tax increment period and invest the funds until that time. Myles Aiken, 1849 Tatum, asked if the sewer would go down the side of MYLES the street, to which Engineer Schunicht replied that the contractor will AAKEN, determine the method. Mr. Aiken felt they owe the neighbors drainage 1849 TATUM and would be in favor of the project. Roger Morris, 1920 Roselawn, felt that with the rise in number of houses ROGER MORRIS in the area, there is more traffic on Tatum, and there might be a 1920 ROSE- dramatic increase if thestreet is improved. He also felt a double LAWN dead end might be appropriate. Engineer Schunicht suggested the residents petition if they felt a need for the dead end. Florian Lauer, 1736 Tatum, stated it would help if Council would give more information early in discussing project, such as explaining that storm sewers are being added to all unsewered streets which are being reconstructed. There being no others wishing to be heard, Mayor Eggert closed the public hearing at 9:19 P.M. FLORIAN LAUER, 1736 TATUM PUBLIC HEARIN CLOSED Mayor Eggert suggested that persons who would like to be heard but are WRITTEN uncomfortable about speaking be allowed to respond in writing within COMMENTS TO the next 72 hours. After a short discussion, Mayor Eggert moved, seconded BE TAKEN by Councilmember Hard, that written public comments be taken until UNTIL 6/14/85 4:30 P.M. on June 14, 1985. Motion carried unanimously. Council then directed the Fiscal Consultant to review the tax increment DEFERRED TO financing plan and program and determine the exact amount of funds 6/26/85 available, directed the City Attorney to obtain guidelines on investing tax increment funds, and directed the City Engineer to determine if ~ the project could be completed by the end of October. The matter will be placed on the June 26, 1985 agenda for discussion. Councilmember Baldwin commented on the fact that with stop signs affects air quality and creates noise, he felt policing is the important item. He also stressed that any vote by the citizens would be advisory only. Mayor Eggert commented on the discrepancy in the bottom line number on funds in the tax increment account, and asked that an accounting be provided Councilmembers. He also requested information on what other bonding authority the City may have. Engineer Karen Willis presented plans and specifications for the Larpenteur/Coffman improvements and explained the same. Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-25 be adopted. Motion carried unanimously. RESOLUTION R-85-25 RESOLUTION R-85-25 A RESOLUTION ACCEPTING AND APPROVING THE FEASIBILITY STUDY, AND PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE LARPENTEUR/COFFMAN IMPROVEMENTS MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARINGS JUNE 12, 1985 PAGE 7 Councilmember Hard moved, seconded by Councilmember Ciernia, that Resolution R-85-26 be adopted setting the public hearing for the Larpenteur/Coffman improvements for 7:30 P.M. on July 10, 1985. Motion carried unanimously. RESOLUTION R-85-26 A RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE LARPENTEUR/COFFMAN IMPROVEMENTS 1 Mayor Eggert moved, seconded by Councilmember Ciernia, that Resolution R-85-27 be adopted setting a hearing for amendment of Tax Increment Financing District No. 2 in Development Distict No. 1 for 7:30 P.M., on June 26, 1985. Motion carried unanimously. RESOLUTION R-85-27 A RESOLUTION CALLING FOR A PUBLIC HEARING ON A TAX INCREMENT FINANCING PLAN Councilmember Chenoweth recommended that the new homes being constructed on Lindig Street be included in a tax increment financing district. He felt that any new construction within the development district should be included to capture all increments possible in view of the fact that the Legislature may change the law governing this type of financing. Following the discussion, Mayor Eggert moved, seconded by Councilmember Hard, that the Fiscal Consultant be directed to prepare a plan for Financing District No. 3 in Development District No. 1. Motion carried unanimously. RESOLUTION R-85-26 RESOLUTION R-85-27 Secretary Chenoweth explained that there have been some rat problems in the City due to residents putting garbage out in plastic bags, which are torn open and refuse spread on the ground. The present code relating to refuse storage is~ somewhat confusing as Subd. 2 indicates waterproof bags or non- disposable containers are required, whereas Subd. 4 stipulates that waterproof bags may only be placed at curbside not over 24 hours prior to collection time. Following a discussion, Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that Ordinance No. 0-85-9 be adopted amending the City Code. Motion carried unanimously. Council requested that the information be placed in the next newsletter and on the City's cable channel. ORDINANCE 0-85-9 ORDINANCE 0-85-9 AN ORDINANCE RELATING TO THE AMENDMENT OF SUBDIVISIONS 2 AND 4 PART 4, 5-4-O1 RELATING TO REGULATION OF REFUSE COLLECTION AND DISPOSAL ~' Mayor Eggert moved, seconded by Councilmember Baldwin, that Resolution R-85-29 be adopted. Motion carried unanimously. RESOLUTION R-85-29 RESOLUTION R-85-29 A RESOLUTIONS AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CLERK ADMINISTRATOR IN EMERGENCY SITUATIONS ~~ MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING JUNE 12, 1985 PAGE 8 SENIOR Council briefly discussed the Senior Home Care Programs after which the HOME CARE Clerk Administrator was directed to discuss the matter with the Falconeers PROGRAM TO Seniors Club for their recommendation. FALCONEERS Clerk Administrator Barnes commented on recent problems with the City Building Inspector such as forgetting that certain buildings must have automatic sprinkler systems (the most recent being the Hermes Floral utility building) and not referring such items to the Fire Department. Following the discussion, the Clerk Administrator was directed to give a copy of all commercial plans to the Fire Department, to contact neighbor- ing communities regarding their inspectors, and to confront the City Inspector with the inspection problems. i~ PROBLEMS WITH BUILDING INSPECTOR DISCUSSED Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that the ADJOURNMENT meeting be adjourned at 10:35 P.M. Motion carried unanimously. C. Eggerft,) M.D., Mayor ~~ ATTEST: r' D wan B. Barnes, Clerk Administrator Regular City Council Meeting/Public Hearings of June 12, 1985