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HomeMy WebLinkAboutCCMin_85Jul24 1 MINUTES REGULAR CITY COUNCIL MEETING JULY 24, 1985 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, Ciernia, and Chenoweth. Also present were Clerk Administrator Barnes, Attorney Van de North and Engineer Schunicht. None. Mayor Eggert moved, seconded by Councilmember Ciernia, that the Consent Agenda be approved as presented. Motion carried unanimously. 1. Falcon Heights Ambulance Reports 9~2-05685 - ~~2-05885 2. Lauderdale Fire Reports ~~3-01485 - X63-01585 3. Lauderdale Ambulance Report 964-02485 4. General Fund Disbursements 7/11/85 - 7/24/85 $ 79,019.79 5. Sinking Fund Disbursements 7/11/85 - 7/24/85 $ 85,702.50 6. Payroll 7/1/85 - 7/15/85 $ 7,695.68 7. Planning Commission Minutes of July 8, 1985 8. Park and Recreation Commission Minutes of July 8, 1985 9. City Planner's Statement for June, 1985 10. Bonestroo & Associates Statement for May, 1985 11. Briggs and Morgan Statement for Legal Fees for $1,300,000 Bonds 12. Briggs and Morgan Statement for Legal Fees for Lido Cafe 13. Bi-Monthly Financial Report 14. Licenses: See Attached List ~~ PRESENT ABSENT CONSENT AGENDA APPROVED Councilmember Baldwin moved, seconded by Councilmember Chenoweth, that MINUTES OF the Minutes of July 10, 1985, be approved. Upon a vote being taken, the 7/10/85 following voted in favor thereof: Councilmembers Baldwin, Ciernia and APPROVED Chenoweth. Mayor Eggert and Councilmember Hard abstained. Motion carried. Mayor Eggert moved, seconded by Councilmember Hard, that the following ADDENDA TO items be added to the agenda: (1) Lindig Improvement Petition, and (2) AGENDA Resolution Relating to Removal of Diseased Tree at 1484 Crawford. Motion carried unanimously. Council discussed establishing a fee schedule for photo copies after FEES FOR which Mayor Eggert moved, seconded by Councilmember Hard, that residents PHOTOCOPIES be allowed the first six copies at no charge, thereafter each copy will ESTABLISHED be $.25 each, and non-residents will be charged $.50 each for the first two copies, each additional copy at $.25 each. Motion carried unanimously. At 7:10 P.M., Mayor Eggert opened the Public Hearing on Amending Tax PUBLIC Increment District No. 1 within Development District No. 1 and presented HEARING ON the Affidavit of Publication. Councilmember Chenoweth commented on the AMENDING TIF fact that there is some indecision on the part of the office park DIST. 1 IN developers, and for that reason Fiscal Consultant Apfelbacher had DEVELOPMENT recommended that the matter be deferred until there are more definite DISTRICT 1 plans. Mayor Eggert moved, seconded by Councilmember Ciernia, that DEFERRED TO the hearing be continued to August 28, 1985 at 7:10 P.M. Motion 8/28/85 AT carried unanimously. 7:10 P.M. MINUTES REGULAR CITY COUNCIL MEETING JULY 24, 1985 PAGE 2 Councilmember Chenoweth stated that he felt there should be an agreement protecting the City in the event the Hawkins property be developed in phases. Mayor Eggert commented that the developer and City Attorney could draft such an agreement assuring the City will not fall short of funds. At 7:30 P.M. Mayor Eggert opened the Public Hearing to Establish Tax Increment District No. 3 within Development District No. 1 and presented the Affidavit of Publication. Councilmember Chenoweth stressed the fact that the City should include the new homes on Lindig in the district to generate as many funds as possible in the event the laws change. There being no others wishing to be heard Mayor Eggert opened the public hearing at 7:35 P.M. Mayor Eggert then moved, seconded by Councilmember Chenoweth, that Resolution R-85-38 be adopted. Motion carried unanimously. RESOLUTION R-85-38 RESOLUTION ADOPTING AMENDMENT TO DEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING PLAN, DECLARING PUBLIC PURPOSE, REQUESTING CERTIFICATION OF ORIGINAL ASSESSED VALUE, PROVIDING FOR FILING, ADMINISTRATION Engineer Schunicht explained the proposed improvements for storm drainage in the University Grove area and referred to his feasibility report dated October 25, 1984. Mayor Eggert then read into the record a letter from Veryl Andre, 2140 Folwell, that Council consider using some general or contingency funds to pay a portion of the cost of improvements, and a letter from Jack Miller, 2111 W. Hoyt, stating that he felt the drainage problem was due to inadequate maintenance, not a capacity problem, and requested that Council schedule another hearing. Council discussed the three possible solutions as presented in the 1984 feasibility report and the fact that the bid for the project came in $6,000 below the estimated cost. Howard Morris, 1587 Burton St., asked if he is to be charged for the improvement and how the drainage area was ascertained. Engineer Schunicht explained that the Morris lot is on the drainage divide and he will check further into the matter. Mr. Morris was of the opinion that the flooding was a maintenance problem. Engineer Schunicht agreed that maintenance will help but stressed the fact that the storm system presently in use is a three year system and should be a five year storm sewer system. Steven Eggimann, 2121 Folwell, felt that the problem was only at one end of Folwell (Andre's property), but if there is a sewer design problem he would not have a problem with the project. He did express concern over the the being installed between 2121 and 2129 Folwell due to the limited space, and inquired about the trees in that area. The Engineer explained that the construction would be limited to the City right-of-way, and there would be two trees destroyed, both of which are on the City right-of-way. Mr. Eggimann said he has not had problems in the ten months he has lived there and asked that Council try the alternates first. Council discussed at length to what extent repairs should be made, and determined that Item 1, Hoyt Avenue, berm, and Item 2, inlet upgrading, be awarded with the bid. 9~ HEARING ON TIF DIST. 3 IN DEVELOP- MENT DISTRICT 1 RESOLUTION R-85-38 FORD STREET IMPROVEMENTS LETTERS FROM VERYL ANDRE, 2140 HOYT, & JACK MILLER, 2111 HOYT NOTED HOWARD MORRIS, 1587 BURTON STEVEN EGGIMANN, 2121 FOLWELL MINUTES REGULAR CITY COUNCIL MEETING JULY 24, 1985 PAGE 3 Mayor Eggert commented on the informational meeting held in April regard- ing extension of the Lindig storm sewer and that at the meeting those in attendance indicated opposition to the project, however, later it became evident that there were persons in favor of the storm sewer including G. E. Behrens, 1816 Tatum, who was interested in building on his lot on Lindig. Engineer Schunicht reviewed his letter dated July 12, 1985 answering questions raised by Mr. Behrens regarding the Lindig sewer extension. Council then accepted a petition presented by Mr. Behrens, a copy of which is on file in the Clerk's Office. Council discussed at length the area to be benefitted, use of tax increment funds, in view of the fact that there are fewer funds than anticipated. Dick Winkel, 1825 Fairview, opposed the extension, and stated that he has had a garden in that area for 10 years and has never had a drainage problem. Reva Kurtz, 1805 Fairview, inquired if the cost of the storm sewer included the lift pump to which Engineer Schunicht replied the lift station is for sanitary sewer not storm sewer and that the cost would be approximately $40,000. Following the discussion, Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-39 be adopted directing the Engineer to prepare a feasibility study on the project, such study to be done in conjunction with the Fiscal Con- sultant in order that available tax increment funds can be re-projected. Motion carried unanimously. RESOLUTION R-85-39 A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY ON LINDIG STREET UTILITY EXTENSION Irene Struck, 1805 Tatum, explained that she could not attend the public hearing on the Tatum Street improvements and questioned why Tatum is connected to the Coffman project, and if the assessment of $2,800 is correct. She also stated that there were many on Tatum who were not heard and that more input should be taken. Mayor Eggert replied that the $2,800 amount is the projected assessment. He also explained how the hearing was held according to law, and that was held open for 48 hours after the hearing for written input from those who did not speak at the hearing. Following the discussion, Mayor Eggert moved, seconded by Councilmemer Ciernia, that Resolution R-85-40 be adopted rescinding Resolution R-85-37, and awarding the bid for the Coffman/Larpenteur/Tatum/Lindig/Ford Street Right-of-Way deleting Item No. 3 of the Ford St. project. Motion carried unanimously. RESOLUTION R-85-40 A RESOLUTION RELATING TO RESCINDING RESOLUTION R-85-37 AND AWARDING AUSTIN P. KELLER CONSTRUCTION CO. THE CONTRACT FOR IMPROVEMENTS - LARPENTEUR AVE./COFFMAN ST./TATUM ST./LINDIG ST./FORD ST. RIGHT-OF-WAY Clerk Administrator Barnes presented a report on the number of misplaced 9 LINDIG STORM SEWER EXTENSION DISCUSSED G. BEHERNS PRESENTS PETITION IN FAVOR OF EXTENSION DICK WINKEL, 1825 FAIRVIEW REVA KURTZ, 1805 FAIRVIEW RESOLUTION R-85-39 IRENE STRUCK, 1805 TATUM RESOLUTION R-85-40 MINUTES REGULAR CITY COUNCIL MEETING 9 ~ JULY 24, 1985 a7 PAGE 4 boulevard trees (deferred from July 10 meeting), 20 left on private DISCUSSION - property. Councilmember Baldwin felt that since the City and the BOULEVARD residents had assumed the trees were on the City right-of-way that the TREES MIS- City should be responsible for removal. Following a discussion, PLACED ON Councilmember Baldwin moved that the City assume responsibility for PRIVATE the 20 trees until September 1, 1987 after which the homeowners will PROPERTY be responsible. The motion died for lack of a second. RELATING TO TREE AT Council discussed the matter further after which Councilmember Ciernia 1824 ASBURY, moved, seconded by Councilmember Chenoweth, that Resolution R-85-41 D.F. SWANSON be adopted. Upon a vote being taken, the following voted in favor thereof: Councilmembers Hard, Ciernia, and Chenoweth, and the following voted against the same: Councilmember Baldwin due to the fact that it was assumed the trees were City trees and residents had not been notified otherwise, and Mayor Eggert due to the fact that the trees are on private property. Motion carried. RESOLUTION R-85-41 RESOLUTION R-85-41 A RESOLUTION ESTABLISHING THE RATE OF ASSISTANCE FOR SHADE TREE SANITATION ON PRIVATE PROPERTY COUNCILMEMBER Councilmember Baldwin departed at 9:37 P.M. BALDWIN LEAVES Council discussed a variance request from Paul Baehr, 1746 Holton, to construct a driveway to the south property line, and also to relocate PAUL BAEHR, the utility pole. Mr. Baehr had applied for a variance through the 1746 HOLTON, required channels several years ago and for that reason felt it was not VARIANCE necessary to formally apply at this time. Following the discussion, Council REQUEST- MUST directed the Clerk Administrator to draft a letter to Mr. Baehr informing APPLY FORMALLY him he must reapply in the required manner, appearing before the Planning FOR DRIVEWAY Commission and Council. VARIANCE Clerk Administrator Barnes informed Council that he had .checked with the PCA ATTORNEY TO and that organization does not license lawn services. Councilmember Hard DRAFT stated that the Department of Agriculture does give a general test on use of ORDINANCE equipment, safety, and type of solution to be applied. Following a discussion, REQUIRING Councilmember Chenoweth moved, seconded by Councilmember Ciernia, that the LICENSING OF City Attorney. be directed to draft an ordinance setting forth the following LAWN SERVICE requirements for licensing of lawn services: must use MDA certified operators, provide certificate of liability insurance/bond, that each homeowner be notified of the content of the chemicals applied, and a $25.00 fee. Motion carried unanimously. The proposed ordinance will be reviewed by Council at the August 14th meeting Councilmember Ciernia, moved, eseconded by Councilmember Ciernia, that Resolution R-85-42 be adopted. Motion carried unanimously. RESOLUTION RESOLUTION R-85-42 R-85-42 A RESOLUTION RELATING TO TRANSFERRING :OF FUNDS FROM THE DEBT SERVICE TO THE CONSTRUCTION FUND (FINANCING DISTRICT N0. 1 IN DEVELOPMENT DISTRICT N0. 1) Councilmember Hard moved, seconded by Councilmember Ciernia, that Resolution R-85-43 be adopted. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING JULY 24, 1985 ~ ~~' PAGE 5 RESOLUTION R-85-43 RESOLUTION R-85-43 A RESOLUTION REQUSTING THE METROPOLITAN COUNCIL HRA IMPLEMENT A REHABILITATION LOAN PROGRAM WITHIN THE CITY OF FALCON HEIGHTS Council briefly discussed the Little Canada Ordinance relating to moving of ATTORNEY TO existing structures, after which Mayor Eggert moved, seconded by Councilmember' DRAFT AN Ciernia, that the City Attorney be directed to draft an addition to the City ORDINANCE Code .based on the Little Canada ordinance with the exception of Section 307. ON MOVING Part (a). Motion carried unanimously. The proposed code change will be OF EXISTING addressed at the August 14, 1984 meeting. STRUCTURES Councilmember Hard informed that he had attended a meeting of the School SCHOOL Board, and that body has requested input .from communities regarding the seard~DISTRICT for a new Superintendent of Schools. He also commented on the proposed election CONCERNS districts and the fact that Falcon Heights will be in two districts. Following a discussion, Councilmember Hard offered to draft a letter to the School Board stating the City's recommendations on hiring of the Superintendent, and Councilmember Ciernia will prepare a resolution indicating the City's opposition to the proposed election districts. Both documents will be reviewed at the August 14th meeting. Attorney Van de North reviewed his letter dated July 19, 1985 to Robert Collins, Attorney for Bullseye Golf, regarding shared parking with Embers, and the BULLSEYE need for an alternate to grant consent for inspection of the Bullseye property, UPDATE and stressing that all prospective tenants should be made aware of the City's zoning code as it relates to parking for specific businesses. He then commented on a letter from Mr. Collins dated July 23, 1985 in reply to the July 19th SHARED letter. Mr. Van de North explained that he had discussed the matter with PARKING Henry Kristal, owner of the Embers, and he assured that they will have WITH shared parking with Bullseye, and will write Council a letter to that effect. EMBERS Council requested that both Mr. Kristal and Mr. Hunt provide a letter regarding the shared parking. Council discussed the fact that Bullseye Golf will not allow City CITY inspectors on the premises without his permission, and that upon request INSPECTORS for an alternate, Mr. Hunt names his wife.. Attorney Van de North and NEED FOR Council agreed that Mrs. Hunt would not be a satisfactory alternate, PERMISSION TO directed the Attorney to inform Mr. Hunt of that fact, and that he must ENTER designate a manger or other agent to represent him when he is out of town. BULLSEYE BLDGS Clerk Administrator Barnes informed Council that the Bullseye building STORAGE IN now under construction is being used for storage even though the structure BUILDING NOW is far from completion and no certificate of occupancy has been issued. UNDER Mayor Eggert directed the Clerk Administrator to verify the fact that CONSTRUCTION the building is being used for storage after which the City Attorney is to inform Bullseye that the items must be removed within seven (7) days. Council extended the Bullseye Conditional Use to September 30, 1985, CONDITIONAL as Mr. Collins has indicated they hope to have the building completed USE EXTENDED early in September. TO 9/30/85 Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting MEETING be extended to allow completion of the agenda. Motion carried unanimously. EXTENDED MINUTES REGULAR CITY COUNCIL MEETING JULY 24, 1985 PAGE 6 Councilmember Ciernia commented on some criticism of the 1985 Summer PARK & REC. Recreation Program, and informed Council that the matter will be reviewed COMM. TO by the Parks and Recreation Commission at their August meeting. DISCUSS SUMMER Clerk Administrator Barnes explained that the homeowner at 1484 Crawford, PROGRAMS Richard Kranz, has had two notices to remove a diseased elm tree on his CRITICISMS property and has refused to do so. Following a short discussion, Mayor Eggert moved, seconded by Councilmember Ciernia, that Resolution R-85-44 be adopted. Motion carried unanimously. RESOLUTION R-85-44 RESOLUTION R-85-44 A RESOLUTION RELATING TO REMOVAL OF A DISEASED ELM TREE LOCATED AT 1484 CRAWFORD 1 ~J Councilmember Hard moved, seconded by Councilmember Ciernia, that the ADJOURNMENT meeting be adjourned at 10:22 P.M. Motion carried unanimously. ~ /_ l ;''t ` f I Ronald C. Eggert, _ Mayor ATTEST: ewan B. Barnes, Clerk Administrator Regular City Council Meeting of July 24, 1985 L11;r.1VJ~J July 24, 198,' ON-SALE Pizza Huts of the Northwest, Inc. 46288 1650 North Snelling Falcon Heights, MN 55113 OFF-SALE Tom Thumb Food Market 46101 46167 1705 North Snelling Avenue Falcon Heights, MN 55113 Falcon Heights Amoco #168 1691 Snelling Avenue North Falcon Heights, MN 55113 REFUSE HAULERS Metro Refuse, Inc. 461356 8168 West 125th Street Savage, MN 55378 GENERAL CONTRACTORS Elmsun Developers 461354 2225 Fernwood Roseville, MN 55113 Iver H. Carlson ~ Son, Inc. 461361 749 Snelling Avenue North St. Paul, MN 55104 S. L. Anderson Construction Co. #1362 1171 West County Road B Roseville, MN 55113 MECHANICAL CONTRACTOR Boehm Heating Co. 5198 Selby Avenue St. Paul, MN 55104 CIGARETTES CIGARETTES (CONTINUED) Mando Photo 41639 _ Miernik Vending 1790 Larpenteur Avenue West Falcon Heights, MN 55113 Falcon Heights Amoco 46640 1691 Snelling Avenue North Falcon Heights, MN 55113 Mr. EMS Systems, Inc. Snelling Div.. dba Embers Restaurants #641 1700 North Snelling Falcon Heights, MN 55113 HCO #16 Hoffman Corner Oil Co., Inc. 46642 1360 West Larpenteur Falcon Heights, MN 55113 VENDING Theisen Vending Company (Hewlett Packard) 3804 Nicollet Avenue Minneapolis, MN 55409 The Pioneer Co., Inc. (Roc-A-Fellas) 266 East 7th Street St. Paul, MN 55101 461338 461336, 1337 ~ Advance Carter Co. 461352, 1351, (Shakeys) 1350, 1349 850 Decatur Avenue North 1341 Minneapolis, MN 55427 1340 1339 1342 46481 Miernik Vending 461345, 1344, 134: (Mando Photo) 1348, 1346 7258 Commerce Circle East. Fridley, MN 55432 The Pioneer Co., Inc. 46636 Roc-A-Fellas, 1546 West Larpentuer Falcon Heights, MN 55113 Tom Thumb Market #101 #637 1705 North Snelling Falcon Heights, MN 55113 Hewlett Packard #638 2025 West Larpenteur Falcon Heights, MN 55113 Twin City Novelty 461358 (Snelling Embers) 9549 Penn Avenue South Bloomington, MN 55431 CORPORATE Hope Insurance Agency #1335 1550 West Larpenteur Falcon Heights, MN 55113 LICENSES July 24, 1985 Page 2 CORPORATE ( CONTINUED) Harvest States 411347 1667 Snelling Avenue North Falcon Heights, MN 55113 Hoffman Corner Oil Co., Inc. 411353 1350 West Larpenteur Falcon Heights, MN 55113 Clark's Submarine Sandwich 441355 417 University Avenue St. Paul, MN 55103 Phobia Clinic 441357 1550 West Larpenteur Falcon heights, MN 55113 Mando Photo Company #1359 1790 West Larpenteur Avenue '~ Falcon Heights, MN 55113 (lunchroom 411360) r~ i