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HomeMy WebLinkAboutCCMin_85Oct9MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 9, 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 Hard, Ciernia, Chenoweth, and Baldwin. Also present were Clerk Administrator Barnes, Attorney Van de North, and Engineer Schunicht. None. Councilmember Chenoweth moved, seconded by Councilmember Hard,, that the Consent Agenda be approved with the addition of the Planning Commission Minutes of October 7, 1985. Councilmember Ciernia requested that the disbursement of funds to the Building Inspector for plan check fees be removed from the Consent Agenda and placed on the Council Agenda, and the motion was so amended. Motion carried unanimously. 1. Falcon Heights Fire Reports ~~1-02485 and ~~1-02585 2. Falcon Heights Ambulance Reports 4~2-07285 - ~~2-07785 3. Lauderdale Ambulance Reports ~~4-03085 and X64-03185 4. Payroll 9/16/85 - 9/30/85 $ 7,708.74 5. Disbursements 9/26/85 - 10/9/85 $113,049.92 6. Park and Recreation Minutes of September 23, 1985 7. Building Inspectors Report for August and September, 1985 8. Bi-Monthly Financial Report 9. Statement from Bonestroo & Associates (through August 31, 1985) 10. Prosecutor's Statement for August, 1985 11. Licenses (See Attached List) 12. Planning Commission Minutes of October 7, 1985 Mayor Eggert moved, seconded by Councilmember Hard, that the Minutes of September 25, 1985 be approved as presented. Motion carried unan- imously. Mayor Eggert presented a variance request from Erling Hallinger, 1875 Tatum, to construct a garage two feet from the lot line (same as present garage). Mr. Hallinger assured Council that he would comply with his neighbor's (Mark E. Ascerno, 1871 Tatum) request that the structure be placed two feet from the lot line or existing garage foundation, whichever is farther, and that the roof be guttered to the driveway on the south. Mayor Eggert moved, seconded by Councilmember Hard, that the variance be granted as recommended by the Planning Commission at their October 7th meeting. Motion carried unanimously. Mayor Eggert presented a variance request from Paul Baehr, 1746 Holton, to construct a driveway to the lot line and moved the existing light pole. Mayor Eggert explained that the matter had not been referred to the Planning Commission to which Mr. Baehr's attorney, Donald Clapp, replied that the letter dated September 23rd from the Clerk Administrator required the driveway construction must be done within 15 days or a citation would be issued, did not wish to circumvent the Commission, but due to limited time, he advised Mr. Baehr to go directly to Council. Attorney Van de North stated that the Zoning Code requires that every variance must go to the Planning Commission. Following the discussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that the variance request be referred to the Planning Commission, and the issuance of any citation be delayed. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING ~cs OCTOBER 9, 1985 ~~rr PAGE 2 Clerk Administrator Barnes asked Mr. Baehr if he would pay for moving PAUL BAEHR, the existing light pole to which Mr. Baehr replied that he did not 1746 HOLTON put it there, it should never been placed in that location, and DOES NOT he should not pay to move it. Mr. Clapp felt the matter could be WISH TO PAY addressed later. FOR RELOC- ATING LIGHT James Christiansen, 1724 Holton, was in attendance to request a POLE license to sell Christmas trees from his home as he has been doing in the past, and presented a statement signed by his neighbors indicating they CHRISTMAS do not object. Council briefly discussed the matter after which TREE SALES Councilmember Ciernia moved, seconded by Councilmember Hard, that the APPROVED licensed be approved on the condition that the area be cleaned up within JAMES 30 days of completion of the sale, and that no trees be placed against CHRISTIANSEN the residence. Upon a vote being taken, the following voted in favor 1724 HOLTON thereof: Councilmembers Hard, Ciernia, Chenoweth, and Baldwin, and the following voted against the same: Mayor Eggert due to the fact that he is opposed to operating businesses out of the home. Motion carried. Clerk Administrator Barnes explained that the developers of the proposed DEVELOPERS Falcon Heights Office Park have requested that the City authorize their OF F.H. request for additional $1,500,000 Industrial Revenue Bonds in order OFFICE PARK that they may upgrade landscaping and construction materials. Mr. REQUEST Barnes also presented an application for Tax Increment Financing from ADDITIONAL the developers of the Office Park,. Mayor Eggert moved, seconded by INDUSTRIAL by Councilmember Hard, that Resolution R-85-60 be adopted. Motion REVENUE BOND carried unanimously. & TAX INCRE- MENT FINANC- RESOLUTION R-85-60 ING A RESOLUTION RECITING A PROPOSAL FOR AN INCREASED AMOUNT RESOLUTION OF FINANCING FOR A COMMERCIAL FACILITIES DEVELOPMENT R-85-60 PROJECT, GIVING PRELIMINARY APPROVAL TO THE ADDITIONAL AMOUNT FOR THE PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MISSION FOR AN ALLOCATION OF AUTHORITY TO ISSUE PRIVATE ACTIVITY BONDS FOR THE ADDITIONAL AMOUNT, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT Mayor Eggert moved, seconded by Councilmember Hard, that Resolution R-85-61 be adopted setting a public hearing for November 13, 1985 at 7:15 P.M. Motion carried unanimously. RESOLUTION R-85-61 RESOLUTION R-85-61 A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INCREASED AMOUNT OF FINANCING FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING Council then discussed the request for Tax Increment Financing for TAX the proposed project, the fact that the financing plan has been adopted INCREMENT and must be amended when final financing figures are available, such FINANCING information to be reviewed by the City Financial Consultant to determine FOR OFFICE if it is in the City's best interest. Frank Kubitschek, one of the PARK DISCUSSED MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 9„ 1985 ~ ~,~'v PAGE 3 developers, explained that one building has been sold and sale of a second nearly finalized. Councilmember Chenoweth expressed concern over the phasing aspect of the project, how the bond monies would be distributed, and that this be specifically stated in the financing plan. The discussion was interrupted for the public hearing scheduled for 7:30 P.M. Mayor Eggert opened the Public Hearing on Improvement of the Alley PUBLIC North of Larpenteur Running From Snelling Drive to Arona at 7:30 HEARING ON P.M., and presented the Affidavit of Publication and Mailing. Engineer ALLEY NORTH Schunicht then provided the public with a hand-out on the project, and OF LARPENTEU explained the proposed project and assessments. He indicated that the SNELLING TO bids came in higher than anticipated due to the late fall construction. ARONA Councilmember Ciernia asked if the Bullseye construction directly led to deterioration of the alley, to which Engineer Schunicht replied that the alley was not good before but the construction definitely added to the deterioration. Vince Landis, 1538 Crawford, felt the alley construction has nothing VINCE LANDIS to do with him and he should not be assesed as his driveway is on 1538 CRAWFOR: Crawford and he does not use the alley. He questioned whether or not Bullseye agreed to repair the alley after their construction is completed. Mr. Landis felt none of the residents should pay as the alley is used primarily by Bullseye and Embers. Engineer Schunicht replied that the residential properties would benefit, the alley is available for their use and Attorney Van de North concurred. Mr. Landis commented on the fact that the Bullseye contractor was on this date repairing and surfacing the alley. Council discussed at length whether or not Bullseye could be required ATTORNEY TO to repair the alley before a certificate of occupancy is issued. RESEARCH Clerk Administrator Barnes referred to his list of items which BULLSEYE'S was presented to the owner of Bullseye for completion prior to REPAIR OF an occupancy certificate being issued, and the fact that Mr. Hunt ALLEY acknowledged the list, in writing. Attorney Van de North will research the matter. Tom Dieters, 1540 Crawford, commented on the fact that Bullseye is TOM DIETERS, at present doing some repairs and tarring the Embers lot, and asked 1540 if the City could then tear it up for reconstruction. Engineer CRAWFORD Schunicht will check to determine exactly to what extent repairs are being done and whether or not it is adequate. Vince Landis, 1538 Crawford, also asked who would be responsible for ALLEY snow plowing, and was informed owners must contract with a private PLOWING plower for service. Mr. Landis indicated that the residents have DISCUSSED, been paying for the plowing but the businesses did not participate. CODE TO BE Attorney Van de North and Clerk Administrator Barnes will prepare AMENDED TO an amendment to the code requiring plowing of the alleys. REQUIRE PLOWING George Peck, 1456 Crawford, felt that assessing six homes seemed disapportionate when the business (approximately 14 stores) cause GEORGE the traffic in the alley, whereas most homeowners make one or PECK, two trips per day. Mr. Peck stated that the damage to the alley 1456 started with the Flower City fire and continued to deteriorate. CRAWFORD Mayor Eggert explained the assessment policy and that commercial properties are charged at a higher rate than residential. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 9, 1985 PAGE 4 Mayor Eggert then read into the record a letter from Bullseye Golf Inc., dated October 8, 1985, opposing the proposed improvement of the alley. Mr. Peck was of the opinion that the City had made an error in not requiring Bullseye to repair damage to the alley the City should pay for repairs not the homeowners. Tom Dieters, 1540 Crawford, asked if it would be possible to have speed bumps in the alley. Mayor Eggert replied that it could be considered and explained past problems with speed bumps. 1 Evelyn Peterson, 1522 Crawford, stated she does not use the alley as her driveway opens on Arona, and asked how she would benefit.t~ttorney Van de North explained that the legal description of benefit indicates if you abut an improvement, a portion of that is assessed. There being no others wishing to be heard, Mayor Eggert closed the hearing at 8:26 P.M. Council discussed whether or not to proceed with the improvement, after which the Engineer was directed to examine the alley, and judge whether or not the repairs done by the Bullseye contractor would be sufficient to assure the alley would hold up through the winter, and if so reconstruction could be delayed until spring. If not, the Clerk Administrator will poll Council by telephone. Councilmember Baldwin was of the opinion that if the residents are willing to live with the alley as it is the matter should be left until spring. Frank Kubitschek, one of the developers of the Falcon Heights Office Park, explained they would like the additional $1,500,000 available in the event some purchasers would like more elaborate offices, the amount would be reduced if the entire amount is not needed. Mr. Kubitschek then reviewed the request for Tax Increment financing and stated that they wished to amend the application to show the cost of $3.00 to $4.00 per square foot rather than $5.00 as presently shown. Mayor Eggert replied that the Fiscal Consultant will be analyzing the Tax Incrment portion in the near future. Following the discussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that Resolution R-85-62 be adopted, that the public hearing be scheduled for 8:00 P.M. on November 13, 1985, and publication be authorized. Motion carried unanimously. RESOLUTION R-85-62 RESOLUTION CALLING FOR PUBLIC HEARING ON DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN All information and documents relating to the Tax Increment Financing portion of the project will be referred to Fiscal Consultant Steve Apfelbacher with the request he make a report to Council prior to the hearing on November 13th. Mayor Eggert moved, seconded by Councilmember Chenoweth, that the list of election judges for the November 5, 1985 City Election be approved as presented. Motion carried unanimously. ,.~ ~~ LETTER FROM BULLSEYE OPPOSING ALLEY IMPROVEMENT TOM DIETERS, 1540 CRAWFORD EVELYN PETERSON, 1522 CRAWFORD HEARING CLOSED ENGINEER TO EXAMINE ALLEY AS TO CONDITION & DETERMINE IF IMPROVE- MENTS ARE NEEDED THIS FALL PROPOSED F.H. OFFICE PARK DISCUSSED RESOLUTION R-85-62 FISCAL CONSULTANT TO PREPARE REPORT ON TIF FOR OFFICE PARK APPROVAL OF ELECTION JUDGES MINUTES a~ REGULAR CITY COUNCIL MEETING ~.~ OCTOBER 9, 1985 PAGE 5 Item 6(g) relating to the increase in basic Cable TV rates was NO ACTION not necessary and therefore, no action was taken. ON ITEM 6G Councilmember Chenoweth moved, seconded by Councilmember Ciernia, that Resolution R-85-63 be adopted. Motion carried unanimously. RESOLUTION R-85-63 RESOLUTION R-85-63 A RESOLUTION RELATING TO AUTHORIZING FINAL PAYMENT OF $2,604.44 TO HAYES CONTRACTORS, INC., 1010 CURRIE AVE. NORTH, MINNEAPOLIS, MN 55403, FOR THE 1984 LARPENTEUR WATERMAIN IMPROVEMENT PROJECT Engineer Schunicht presented a request for final payment to Bituminious Roadways, Inc. for the 1985 Sealcoating and explained the amount is considerably higher than the bid due to the need for additional patching. Clerk Administrator Barnes expressed concern at the large over-run to which the Engineer replied that patching is difficult to anticipate. Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-64 be adopted. Motion carried unanimously. RESOLUTION R-85-64 RESOLUTION R-85-64 A RESOLUTION RELATING TO AUTHORIZING FINAL PAYMENT OF $28,988.64 TO BITUMINOUS ROADWAYS, INC.,. 2825 CEDAR AVE. S., MINNEAPOLIS, MN 55407 FOR THE 1985 SEALCOATING PROJECT (ALL ALLEYS AND UNIVERSITY GROVE STREETS) Mayor Eggert moved, seconded by Councilmember Baldwin, that partial PARTIAL payment in the amount of $108,525.15 be made to Austin P. Keller PAYMENT TO Construction as recommended by the City Engineer. Motion carried AUSTIN P. unanimously. KELLER APPROVED Engineer Schunicht presented the bid tabulation on the alley north of Larpenteur, running from Snelling Drive to Arona, and recommended BIDS ON tabling the matter until the alley condition is checked. The bids BULLSEYE received were as follows: Ashbach Construction $20,655, and Bituminous ALLEY - Roadways, Inc. $22,240. No action was taken pending alley inspection. NO ACTION TAKEN Attorney Van de North presented a proposed amendment to the Code relating to the assessment policy, and explained that the purpose of the amendment was to clarify a portion of the policy. Council reviewed, discussed and corrected the proposed amendment after which Councilmember Hard moved, seconded by Councilmember Chenoweth, that Ordinance ~~0-85-15 be adopted. Motion carried unanimously. ORDINANCE 0-85-15 ORDINANCE AN ORDINANCE RELAT ING TO CLARIFYING THE CITY'S ASSESSMENT 0-85-15 POLICY FOR CLASS B AND C IMPROVEMENTS UNDER THE MUNICIPAL CODE Mayor Eggert explained that he and Councilmember Chenoweth had met with FIRE Fire Chief Renchin regarding the City funding the Pension Fund, and DEPARTMNT that the Chief had suggested that it might be possible for the City to PENSION fund an amount, which would be made available to persons responding to FUND DISCUSSED MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 9, 1985 PAGE 6 a percentage of calls as an incentive to increase response to calls. Council discussed the matter at length and concurred that Council involvement should be kept at a minimum so far as the matter in which the fund would be distributed. Council Liaison Chenoweth and Clerk Administrator Barnes were authorized to discuss with Chief Renchin the possibility of the City providing $2,500 as an extra contribution for a trial period in 1986, such contribution to be used as an incentive to be apportioned as the Department desires. Any plan will be presented to Council in order that it can be evaluated. 1 RESOLUTION R-85-65 Mayor Eggert stated that in the meeting with Chief Renchin the following DEFRIBILLA- points were presented in regard to the purchase of the transmitter for TOR TRANS- the defribillator: (1) there is a requirement that in urgent cases the MITTER patient must be transported to the nearest hospital, and it would be DISCUSSION helpful to have contact with a physician to make that decision, the tansmitter would enhance that ability, (2) under Ramsey Hospital guidelines the squad may defribillate two times at maximum, if a physician so orders it they may defribillate more than two times, availability of physician contact would be needed, especially urgent in the case of younger patients, (3) with the transmitter they would have an open channel with Ramsey Hospital, without it State Channel is being used and it is sometimes blocked, and (4) it is the goal of Ramsey Hospital that all present EMTs will be upgraded to EMTI. Chief Renchin urged that Council reconsider, and had informed that an MD from St. Paul Ramsey Hospital would be willing to address Council on the matter. Council requested that the doctor be contacted and invited to attend the next meeting if possible. Mayor Eggert moved, seconded by Councilmember Chenoweth, that the meeting be extended. Motion carried unanimously. Council discussed with Engineer Schunicht his letter dated October 9, 1985 relating to the Tatum water line and the fact that if the line is not lowered in accordance with St. Paul Water Utility's guidelines it will be necessary to prepare a resolution amending the contract with St. Paul Water Utility. Mayor Eggert was of the opinion that the Tatum water main should be done according to the Water Department standards so-that the City would not be responsible for repairs. Engineer Schunicht stated that even the Water Utility representatives felt the main would not freeze. Following the discussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that Resolution R-85-66 be adopted. Upon a vote being taken, the following voted in favor thereof: Councilmembers Hard, Ciernia, Chenoweth and Baldwin, and the following voted against the same: Mayor Eggert. Motion carried. ~. PENSION DISCUSSION (contd.) MEETING EXTENDED RESOLUTION R-85-65 A RESOLUTION RELATING TO HOLDING THE ST. PAUL WATER UTILITY HARMLESS FOR MAINTENANCE DUE TO FREEZING ON THE SOUTH 1,300 FEET OF TATUM STREET WATERMAIN Engineer Schunicht presented and discussed with Council his letter dated October 9, 1985 relating to the negotiation of an easement with Richard Stowman, 1786 Tatum St. (a copy of the letter is on file with the Clerk's Office). Mr. Schunicht recommended Mr. Stowman be compensated as follows: Land purchase $4,800, assessment elimination $710.00, and $500 NEGOTIATION OF EASEMENT RICHARD STOWMAN, 1786 TATUM, APPROVED MINUTES REGULAR CITY COUNCIL MEETING x~ OCTOBER 9, 1985 ~ x.~ PAGE 7 trespass settlement for a total of $6,010. Following the discussion, Councilmember Chenoweth moved, seconded by Mayor Eggert, that negotiations be pursued based on the Engineer's recommendation. Motion carried unanimously. Mayor Eggert reviewed with Council a letter dated October 9, 1985 from LETTER Ronald J. Riach, Attorney for the Lido Cafe, Inc. (a copy of which is FROM ATTORNE on file in the Clerk's Office). Mayor Eggert was of the opinion that FOR LIDO Council would be happy to enterain a new request from the Lido but CAFE felt it should be started anew, and if they do not wish to pay for DISCUSSED costs incurred, the City should draw on the letter of credit Council CITY agreed. Following a discussion, Council directed the City Attorney to ATTORNEY respond to Mr. Riach's letter and documents listed in the letter will WILL REPLY also be forwarded to the Labalestras. TATUM Engineer Schunicht explained that the information meeting held for the RESIDENTS. purpose of Tatum residents to ask questions and be informed regarding TO BE Tatum Street construction, he had assured the residents that persons REIMBURSED whose vehicles were stuck in the mud caused by construction would be FOR TOWING reimbursed for towing fees. OF VEHICLES STACK IN MUD CREATED BY CONSTRUCTION Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting be adjourned at 10:48 P.M. Motion carried unanimously. ADJOURNMENT Attest: ~~ ~~~-~ ~~ Dewan B. Barnes, Clerk Administrator Regular City Council Meeting of October 9, 1985 i Ronal C. Eggert, Mayor