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HomeMy WebLinkAboutCCMin_85Nov13 L MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1985 A regular meeting of the Falcon Heights City Council was called to order at 7:00 P.M. by Councilmember Baldwin and recessed due to lack of a quorum. At 7:10 P.M. Acting Mayor Ciernia arrived and reconvened the meeting. Acting Mayor Ciernia, Councilmembers Baldwin and Chenoweth. Also present were Clerk Administrator Barnes, Attorneys Gasteazoro and Van de North, and Fiscal Consultant Afelbacher. Mayor Eggert and Councilmember Hard. Acting Mayor Ciernia opened the Public Hearing on a Proposal for a Commercial Development Project at 7:15 P.M. (Falcon Heights Office Park) and presented the Affidavits of Publication. Developer Frank Kubitschek explained that they no longer are requesting the additional $1,500,000 in Industrial Revenue Bonds, as they have been advised by Juran and Moody that the additional amount might not be needed and it would be best to stay with the original $4,000,000. There being no others wishing to be heard, Acting Mayor Ciernia closed the hearing at 7:20 P.M. Due to the change in plans, no action was taken. Leroy A. Bartch, 1525 W. Idaho, was in attendance requesting a conditional use to erect a snow fence along his property which abuts the commercial parking lot at the southeast corner of Larpenteur and Snelling. Clerk Administrator Barnes explained that there had been some problems i.n the past with persons utilizing snow fence and since the code requires fencing to be kept in good repair, painted, and well maintained, snow fence might not be permitted. Attorney Gasteazoro stated that based on her under- standing a conditional use or variance would not be required. Council concurred. Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that the $20.00 conditional use .fee be refunded to Mr. Barch. Motion carried unanimously. ~. PRESENT ABSENT PUBLIC HEARING ON COMMERCIAL DEVELOPMENT PROJECT 7:15 F.H. OFFICE PARK - NO ACTION TAKEN LEROY BARTCH, 1525 W. IDAHO, CONDITIONAL USE NOT REQUIRED FOR SNOW FENCE Fiscal Consultant Apfelbacher presented and reviewed his. feasibility report FEASIBILITY dated November 12, 1985, relating to issuance of tax increment improvement REPORT ON bonds for the Falcon Heights Office Park development, a copy of which is on TIF BONDS FOR file in the Clerk's Office. Council discussed at length items to be includedF.H. OFFICE in the development agreement which would protect the City in the event PARK the entire project is not constructed as presently planned. Council- member Chenoweth expressed concern that the proceeds from the bond sale not be delivered to the developer until the development agreement is in place. Fiscal Consultant Apfelbacher assured that the bonds can be sold but not delivered until the agreement is signed and recommended the bond sale be scheduled for December 3, 1985 at 6:00 P.M. Councilmember Baldwin moved, seconded by Acting Mayor Ciernia, that Resolution R-85-66 be adopted. Motion carried unanimously. RESOLUTION R-85-66 A RESOLUTION PROVIDING FOR PUBLIC SALE OF $745,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1985, SERIES B Councilmember Baldwin moved, seconded by Acting Mayor Ciernia, that a special meeting be scheduled immediately following the bid opening on December 3, 1985, at 6:00 P.M. RESOLUTION R-85-66 SPECIAL MEETING SCHEDULED FOR 12/3/85 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1985 ~ ~~ PAGE 2 Acting Mayor Ciernia moved, seconded by Councilmember Baldwin, that the ADDENDUM TO corporate license application from Paul Rever's Pizza, 1545 W. Larpenteur, AGENDA be added to the agenda. Motion carried unanimously. John Breitinger, Coldwell Banker, the leasing agent for Bullseye Plaza, BULLSEYE GOLF was in attendance for clarification of the parking issue.. He explained LEASING - their plan to have a proper tenant mix in order that there would not be a JOHN BREITINGER parking shortage, and wished to know if he could pursue leasing to a COLDWELL BANKER restaurant which is presently interested in a site. Mr. Breitinger PARKING also commented on the. letter from Bullseye's attorney assuring that Mr. CONCERNS Hunt will not use the basement storage area for the golf games unless he is given approval. Council commented on the City Planner's estimate that up to 60 persons could be in the basement game area, when parking for the Plaza was based on the basement being used only for storage. Councilmember Baldwin stated that he personally would not consider any parking variances until there is a guarantee, in writing, that the basement will not be used for other than storage. He also commented that he is concerned that Bullseye and Embers has only a handshake agreement on the shared parking, and he would like to see a written agreement between the two property owners. Attorney Van de North stated that a letter of intent on the shared parking was received from Embers, that Council had requested the same from Bullseye, but was never received. Clerk Administrator Barnes explained that there had been some problems with one of the new tenants over issuance of a certificate of occupancy when Mr. Hunt has not PROBLEMS WITH signed the statement allowing city inspectors, police, etc. on the premises. GAINING ACCESS Attorney Van de North explained that Mr. Hunt has some statutory rights, and TO BULLSEYE a businessman may prohibit entrance. He presented a suggested addition BUILDING - to the certificate of occupancy and corporate license which would APPROVAL OF authorize inspection of the premises, and would put persons on notice ADDITION TO that they can anticipate periodic inspections. He also explained that CORPORATE if entrance is prohibited, it might be necessary to obtain an administrative LICENSE & warrant, however, the police have the right to police the parking area CERTIFICATE OF but could be refused entrance to the building. Council indicated a OCCUPANCY willingness to meet with Mr. Hunt and work out some of the problems. Mr. Breitinger stated he would attempt to encourage Mr. Hunt to discuss the matter with Council. Acting Mayor Ciernia moved, seconded by Councilmember Chenoweth, that the Clerk Administrator be authorized to attach the proposed addition to certificates of occupancy and corporate licenses. Attorney Gasteazoro presented and reviewed her memo dated November 13, 1985 ITEMS REQUIRED relating to items required from Bullseye Golf before a Certificate of FOR CERTIFICATE Completion may be issued, such as a lien check, certificate of insurance, OF COMPLETION and verification that minimum improvement requirements have been .met FOR BULLSEYE Clerk Administrator Barnes commented on the fact that Bullseye is in arrears on the sanitary sewer charges, which is considered a lien against the property. Following a discussion, the Clerk Administrator was directed to request necessary inspections by the Planner, Engineer, Building Inspector and Fire Department. Councilmember Chenoweth recommended that Mr. Hunt be notified by mail when the inspections are scheduled. Clerk Administrator Barnes commented on the fact that the street lights LATE ACTIV- along Larpenteur in front of tte Bullseye building have not been turning IATION OF on with the other street lights (the lights under discussion are STREET controlled by Bullseye). Plans for the Bullseye project will be reviewed LIGHTS BY to determine if the lights are controlled by timer or sensor. BULLSEYE BUILDING MINUTES REGULAR CITY COUNCIL MEETING 1.3 ~ NOVEMBER 13, 1985 PAGE 3 John Breitinger asked if he may lease the property up to the limit of the BULLSEYE presently allowed parking at Bullseye, and Council concurred that the PARKING parking remain limited to 112 and when that point is reached, more LIMITED TO discussion of the matter will be needed. 112 SPACES Clerk Administrator Barnes commented on the problem with Paul Revere's CORPORATE Pizza (recently leased from Bullseye) when we refused to issue a corporate LICENSE license to the business until Mr. Hunt has signed the statement allowing APPROVED FOR access to City inspectors, etc. Attorney Gasteazoro explained that she PAUL REVERE'S had discussed the matter with the Paul Revere attorney and he will draft PIZZA, 1545 a .letter to the City stating that nothing in their lease prohibits W. LARPENTEUR access. Acting Mayor Ciernia then moved, seconded by Councilmember Chenoweth, that the corporate license be approved for Paul Revere's Pizza. Mr. Breitinger offered to discuss the problems with Mr. Hunt, and will also advise all prospective tenants of City requirements before opening for business. Council reviewed portions of the Consent Agenda and questioned the REVIEW OF following items relating to the Bonestroo statement: (1) was BONESTR00 California alley sealcoating deducted from the statement since they BILLING were asked to stop that project; (2) cost of Tatum easement (on Stowman property) which was obtained after work had begun at a considerable cost to the City. Also questioned were items in the revised rates to be charged by the Bonestroo firm in 1986 such as clarification of per diem charges, and term of appointment for 1986. Clerk Administrator Barnes will clarify these items. Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that CONSENT the Consent Agenda be approved. Motion carried unanimously. AGENDA APPROVED 1. Falcon Heights Fire Reports ~~1-02785 - ~~1-02985 2. Falcon Heights Ambulance Reports ~~2-08485 - ~~2-09085 3. Lauderdale Fire Reports X63-02385 - ~~3-02685 4. Lauderdale Ambulance Report ~~4-03385 5. Payroll 10/16/85 - 10/31/85 $ 7,588.68 6. Disbursements 10/23/85 - 11/13/85 $ 21,695.37 Sinking Fund $ 273.05 7. Statement from Bonestroo & Associates 8. Letter from Bonestroo & Associates dated October 29, 1985 Regarding Rates for 1986 9. Prosecutor's Statement for September, 1985 10. Statement from Briggs and Morgan for Services Through September, 1985 11. Ramsey County Sheriff's Report for October, 1985 12. Licenses: General Contractor New Concept Homes, Inc. ~~1444 Modern Insulation, Inc. ~~1445 6109 Blue Circle Drive 10779 - 93rd Avenue North Minnetonka, MN 55343 Osseo, MN 55369 Mechanical Contractor Northwestern Service, Inc. ~~488 2296 Territorial Road St. Paul, MN 55114 13. Planning Commission Minutes for November, 1985 MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1985 PAGE 4 Councilmember Baldwin moved, seconded by Councilmember Chenoweth, that MINUTES OF the Minutes of the Canvassing Board (November 6, 1985) be approved CANVASSING as presented. Motion carried unanimously. BOARD APPROVED Acting Mayor Ciernia presented a variance request from Paul L. Baehr, 1746 Holton, to place a driveway to the lot line and to move the BAEHR DRIVEWAY existing utility pole. Clerk Administrator Barnes informed that VARIANCE Northern States Power will charge approximately $300.00 to move the REQUESTED pole one foot and approximately $1,000 to move it ten feet to the DEFERRED TO north. Since Mr. Baehr was not in attendance, no action was taken, NEXT MEETING however, the Clerk Administrator was directed to write Mr. Baehr and request his attendance at the next meeting to finalize the matter, and also inform him of the cost of moving the pole. Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that CLEMENT Clement Kurhajetz, 1733 North Hamline, be appointed to the Fire Department KURHAJETZ, subject to the necessary physical and probation period. Motion carried 1733HAMLINE unanimously. APPOINTED TO FIRE DEPT. Council discussed an application for tree removal/trimming license from Highland Park Tree Service, 1708 Blair Avenue, St. Paul, MN. The firm LICENSE was cited for operating in Falcon Heights without a license, the DENIED FOR owner failed to appear for pre-trial, and consequently a warrant was HIGHLAND PARK issued, plus the fact that other communities have had problems with TREE SERVICE, the firm, and Falcon Heights had received a complaint regarding 1708 BLAIR AVE performance. Following the discussion, Councilmember Baldwin moved, seconded by Councilmember Chenoweth, that the license be denied. Motion carried unanimously. Attorney Van de North explained that the City is presently using BUILDING PERM building permit fees from a table stipulated by the Uniform Building FEE SCHEDULE Code, however, the fees have been increased considerably under the DISCUSSION - code and the City is presently using a 1982 fee schedule. The City NEW SCHEDULE does have the option to adopt another fee schedule if desired, but TO BE the 65~ for plan check fee must be followed unless a portion of the PREPARED FOR code is deleted. Council also discussed the payment schedule for 12/11/85 other communities using contractual inspectors. Clerk Administrator MEETING Barnes was directed to check with Lauderdale regarding their inspector and method of payment, and to prepare a new fee/plan check schedule for Council's review at the December 11th meeting, in order that a new schedule may be in place by January 1, 1986. Councilmember Chenoweth moved, seconded by Councilmember Baldwin,.. PAYMENT TO that a payment of $133.50 to League of Cities for tax increment LEAGUE FOR study and lobbying be approved. Motion carried unanimously. TIF LOBBY APPROVED Council discussed briefly a memo from Fire Chief Renchin regarding the lack of final sprinkler plans for 1666 Coffman. Clerk Administrator Barnes informed that he had requested the final plans previously and would follow up on the matter. If the plans are not received prior to the December 11th meeting, the matter will be placed on the agenda. Council briefly discussed Hepatis B vaccination for Rescue Department RESCUE DEPT. members, after which Councilmember Baldwin moved, seconded by Council- MEMBERS TO member Chenoweth, that the vaccination be authorized, to be administered BE VACCINATED FOR HEPATIS B MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1985 PAGE 5 either by Dr. Eggert, who previously offered his services, or by Ramsey Hospital. Motion carried unanimously. Acting Mayor Ciernia moved, seconded by Councilmember Baldwin, that Councilmember Chenoweth be appointed representative to the Senior Home Share Program. Motion carried unanimously. Councilmember Baldwin briefed Council on the Human Rights request for approval of a worksharing agreement with the Minnesota Human Rights Commission, and possible amendment of the City's Human Rights Ordinance to recognize and authorize the City's participation in the No-fault Grievance Procedure. The Commission would like to look at rewriting the ordinance in January, and Council requested that the Commission be asked to draft such a document for Council review. Councilmember Baldwin moved, seconded by Acting Mayor Ciernia, that the Worksharing Agreement be approved and signed. Motion carried unanimously. Councilmember Baldwin moved, seconded by Councilmember Chenoweth, that the meeting scheduled for November 27, 1985 be cancelled and a special meeting be scheduled for November 26, 1985 at 7:00 P.M. Council discussed a request for payment from Austin P. Keller Construction Co. in the amount of $206,809.68 and to escrow an amount of $10,844.72 for the Coffman/Larpenteur/Tatum/Lindig Improvements. Several questions were raised regarding amounts previously paid on the project, amount still outstanding, and change order information. Since no written request for payment showing these items has been received from the Engineer, Acting Mayor Ciernia moved, seconded by Councilmember Chenoweth, that the payme be authorized only after the proper document is in hand and payment amou is deemed appropriate. Motion carried unanimously. Councilmember Chenoweth commented on a call from Harold Nilsen, 1794 Tatum, who indicated he was dissatisfied with the back-full being used on the boulevards on Tatum, and questioned if the Engineer is following the project closely. Mr. Nilsen has purchased his own back-fill soil and grass seed and plans to ask for partial reimbursement. Clerk Administrator Barnes will contact the Engineer for information on the back-fill used by the contractor. nt nt Council discussed the workmanship on the Bullseye Alley (north of Larpenteur running from Snelling to Arona) as there is a drainage problem. Since some patching has been done and more work may need to be done in the spring to assure proper drainage, Council questioned whether or not the $17,328.85 payment should be made. Following the discussion, it was decided that the remaining balance due on the project ($3,326.15) would be adequate to cover any additional work needed. Councilmember Baldwin moved, seconded by Councilmember Chenoweth, that partial payment in the amount of $17,328.85 to Ashbach Construction be approved. Motion carried unanimously. No action was taken on scheduling an assessment hearing on the project due to the improper drainage problem. Councilmember Baldwin commented on the work done by the Human Rights 13~ CHENOWETH TO BE SENIOR HOME SHARE REPRESENTATIVE HUMAN RIGHTS REQUEST FOR CHANGING HR ORDINANCE WORKSHARING AGREEMENT WITH MHRD APPROVED 11/27/85 MEETNNi CANCELLED SPECIAL MEETING ON 11/26 REQUEST FOR PARTIAL PAYMENT TO AUSTIN P. KELLER TO BE MADE ONLY AFTER RECEIPT OF PROPER REQUESTE] DOCUMENT BACK-FILL ON TATUM QUESTIONED BY H. NILSEN, 1794 TATUM DRAINAGE PROBLEM WITH BULLSEYE ALLEY DISCUSSED - PARTIAL PAY- MENT TO ASHBACH CONST. FOR ALLEY CONSTRUCTION APPROVED MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1985 PAGE 6 Commission on the Comparable Worth Study, and indicated the Commission now needs to schedule a workshop with the Council on the Study. Follow- ing a short discussion, Council scheduled a workshop to be held immediately after the bond sale on December 3, 1985. Councilmember Chenoweth moved, seconded by Acting Mayor Ciernia, that the December 25, 1985 meeting be cancelled, and the Clerk Administrator be authorized to pay the bills to the end of 1985. Motion carried unanimously. Councilmember Chenoweth moved, seconded by Acting mayor Ciernia, that the meeting be adjourned at 10:15 P.M. Motion carried unanimously. Paul Ciernia, Acting Mayor ATTEST: IT D wan B. Barnes, Clerk Administrator Regular City Council Meeting of November 13, 1985 HUMAN RIGHTS/ COUNCIL WORKSHOP FOLLOWING 12/5/85 BOND SALE 12/25/85 MEETIN CANCELLED ADJOURNMENT