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HomeMy WebLinkAboutCCMin_81Oct7_SpecialMINUTES ~ ~~ v1 SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 A special meeting of the Falcon Heights City Council was called to order at 7:00 p.m. by Mayor Warkentien. Mayor Warkentien, Councilmembers Brown, Eggert and Larson. Also present PRESENT were Clerk Administrator Barnes, Attorney Allen and Engineer Lemberg. Councilmember Steele. ABSENT The following new business was added to the agenda: (1) Cable TV, (2) NEW BUSINESS Lake Overflow Meeting, (3) Sewer Penalties, (4) Contingency Zoning, (5) AS ADDED TO Fire Department Report, (6) Proposed 6-Plex at 1899 W. Larpenteur, and AGENDA (7) Hewlett-Packard Conditional Use Request. Engineer Lemberg introduced Mr. Robert Ackermann of Ackermann and Associates, R. ACKERMANN Inc. Architects. Mr. Ackermann presented the qualifications and experience ARCHITECT - of that firm for Council's consideration in selection of an architect for PRESENTATION the proposed new Falcon Heights Community Center and then answered quest- ions relating to energy conservation and possible future expansion of the building. Engineer Lemberg then introduced Mr. Thomas Lynch and Mr. Don Leier, of T. LYNCH & Winsor/Faricy Architects, Inc.. They provided a slide presentation of DON LEIER, projects completed by that firm, gave a description of the firm and its WINSOR/FARIC qualifications and explained the process to be followed should Winsor/ PRESENTATION Faricy be chosen as the architectural firm for construction of a new City Community Building. At 8:00 p.m. Mayor Warkentien opened the Public Hearing on Street Light 8:00 P.M. Expenditures in Auditor's Subdivisions 71 and 90. The Affidavits of PUBLIC HEAR- Publication and Posting were available for inspection. Mayor Warkentien ING ON STREE informed that the amount being assessed (a total of $1,993.08 or $19.54 LIGHT ASSESS per household) was for repair of the ornamental lighting system in the MENTS IN University Grove area. Barbara Lukermann, 2211 Folwell, requested AUDITOR'S further information on the reason for the assessment. Glerk Admini- SUBDIVISIONS strator Barnes explained that the amount was for repair of the ornamental 71 6 90 lighting system in the-Grove as Northern States Power will not service (UNIVERSITY the system, and the Grove residents desired to keep the ornamental lights GROVE) i rather than have standard street lights installed. In reply to Ms. Lukermann's inquiry as to whether or not there might be further problems the Clerk Administrator responded that he did not anticipate many major expenses but that any necessary maintenance would :be assessed to the homeowners. Since there were no others wishing to be heard Councilmember Eggert moved, seconded by Councilmember Larson, that Resolution 81-18 be adopted accepting the assessment roll which is to be filed with the County Auditor. Motion carried unanimously. RESOLUTION 81-18 RESOLUTION 81-18 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR STREET LIGHT REPAIRS IN AUDITOR'S SUB- DIVISIONS 71 and 90 IN THE AMOUNT OF $1,993.08 General Corporate License ~~800 - Christmas Tree Sales Conklin Tree Farms 1523 Branston St. St. Paul, P'Rd 55108 Master Gas Installer's License #411 MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 PAGE 2 Councilmember Larson moved, seconded by Councilmember Eggert, that the Consent Agenda be approved as presented. Motion carried unanimously. 1. Fire Report ~~F-02281 2. Rescue Report ~~R-07881 3. General 'Disbursements 9/24/81 - 10/7/81 $24,043.70 4. Liquor Disbursements 9/22/81 - 10/5/81 $28,256.55 5. General Payroll 9/16/81 - 9/30/81 $ 4,487.66 6. Liquor Payroll 9/16/81 - 9/30/81 $ 3,684.70 7. Licenses: e.~ CONSENT AGENDA APPROVED More's Burner Service 5503 Erickson Rd. New Brighton, MN 55112 Councilmember Brown moved, seconded by Councilmember Larson, that the MINUTES OF Minutes of September 23, 1981 be approved as presented. Motion carried 9/23/81 APPROVED unanimously. Councilmember Larson presented a Conditional Use Request from Hewlett- Packard, 2025 W. Larpenteur, to allow installation of additional pond- ing area for run off water, and informed that the Planning Commission had recommended approval on the condition that the City Engineer be pro- vided with the criteria for the amount of run ofi water and capacity and also that Hewlett-Packard be willing to fence the ponding area. CONDITIONAL USE REQEUST FOR ADDITIONAL PONDING - HE'WLET' PACRARI) ~I Scott Larkin, representing Rauenhorst Corporation, and Don Hamliton of Hewlett-Packard, were in attendance for input. Both gentlemen indicated that the cost of redwood fencing would be prohibitive and if fencing is necessary the redwood fence would be extended down to the area between the pond and the adjacent homes. Any fencing of the ponding area itself would be~~hain link fence. They requested that Council consider allew- ing construction of the pond, buf that the ar_-ea be left unfenced until a heavy storm when thQ pond could be monitored, and at that time Council would determine wheth`r or not fencing is necessary. Attorney Allen recommended that i£,t~e request to leave the area unfenced for the present is granted Hewlett-Fa kard be reSuired-to provide a Certificate flf Indeimnification in the event of any claims against the City. Councilmember Larson moved, seconded by Mayor Warkentien, that the Con- ditional Use be granted as recommended b~ the Planning Commission with the conditions stipulated by the Commission. Upon a vote being taken the !following voted in favor thereof: Councilmember Larson, and the following voted against the same: Mayor Warkentien, Councilmembers Brown and Eggert. Motion failed. MINUTES SPECIAL CITY COUNCIL MEETING z"1 OCTOBER 7, 1981 f PAGE 3 Councilmember Eggert moved, seconded by Councilmember Brown, that Hewlett- HEWLETT-PACKA Packard be allowed to proceed with the proposed plans for the additional (cont.) ponding area in the northwest corner of their property with the extension of the redwood fence where it borders the homes on the east, and contingent upon the City's receipt of an Indemnification Certificate for all damages, claims, suits, etc., with the option that the City at a later date might require Hewlett Packard to install a chain link fence around the ponding area. ?,r,-,s a vote being taken the following voted "Aye": Mayor Warkentien, Counci" ~s Brown and Eggert, and the following voted "Nay": Council- - :n. Motion carried. Richard Skogsberg, 1891 Tatum, a resident of the area near Hewlett- RICHARD Packard, stated that the majority of the children come through the SKOGSBERG, Hewlett-Packard property from the north not from the east. 1891 TATUM Mayor Warkentien opened the Public Hearing on Unpaid Sewer Service 8:30 P.M. Charges at 8:30 p.m.. The Affidavits of Publication and Posting were .PUBLIC HEAR- available for inspection. In view of the fact that no one wished to ~ ING ON UNPAIi~ be heard Mayor Warkentien moved, seconded by Councilmember Brown, that SEWER SERVICE Resolution 81-19 be adopted levying special assessments for unpaid CHARGES sewer charges and penalties, such assessments to be filed with the County Auditor. Motion carried unanimously. RESOLUTION 8I-19 RESOLTUION 81-19 A RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR DELINQUENT SANITARY SEWER RENTAL CHARGES Engineer Lemberg introduced Mr. David Shea of Shea Architects, Inc., D. SHEA, SHEr a firm interested in doing the architectural work on the new City ARCHITECTS, facility. Mr. Shea provided a slide presentation showing various INC. areas within the community taken when he toured the City as he felt PRESENTATION it was necessary to get a feeling for the City before determining the type of building which might be suitable. In answer to Council's questions he touched on subjects such as his firm's qualifications, energy conservation and possible future expansion. He also presented for viewing a colored sketch of a proposed community building. Mayor Warkentien presented for Council's consideration Resolution 81-15 adopting the City's Comprehensive Plan as required by Metro Council. Councilmember Larson moved, seconded by Mayor Warkentien, that Resolution 81-15 be adopted as presented. Motion carried unanimously. RESOLUTION 81-15 RESOLUTION 81-15 A RESOLUTION ADOPTING THE COMPREHENSIVE CITY PLAN, PROVIDING FOR THE PERIODIC REVIEW THERE- OF, AND PROVIDING FOR THE INTEGRATION OF CAPITAL Il~IPROVEMENT PROGRAMMING AND PHYSICAL DEVELOPMENT THEREWITH Mayor Warkentien moved, seconded by Councilmember Brown, that Resolution 1981 SEALCOAT'. 81-16 be adopted authorizing final payment to Blacktop Service Company ING PAYMENT for the 1981 sealcoating project in the amount of $16,605.95. Motion '~ carried unanimously. ', MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 PAGE 4 RESOLUTION 81-16 A RESOLUTION AUTHORIZING THE FINAL PAYMENT TO BLACKTOP SERVICE COMPANY FOR WORK DONE FOR THE 1981 SEALCOATING PROJECT Mayor Warkentien presented for Council's consideration the list of judges 11/3/81 ELECTI0 for the November 3, 1981 City Election. Councilmember Larson moved, JUDGES APPROVED seconded by Councilmember Brown, that the judges be approved as presented. Motion carried unanimously. ~ Clerk Administrator Barnes requested authorization to issue a duplicate DUPLICATE CHECK check to Eastside Quick Print in the amount of $247.50 (Check 413944 TO BE ISSUED TO of July 28, 1981 was lost in the mail). Councilmember Eggert moved, EASTSIDE QUICK seconded by Councilmember Brown, that the request be granted. Motion PRINT TO REPLAC carried unanimously. LOST CK. 4413944 Attorney Allen presented for consideration Resolution 81-17 authorizing the City Attorney to commence eminent domain proceedings against the Charles J. Hawkins property, such property to be used as a site for a new City Hall. Since the condemnation 'procedure takes ~0 days,'Council- member'Eggert inquired as to whether or•not it would be necessary to wait until spring to begin construction. Engineer Lemberg assured that construction can be done during the winter and that this fall would be a good time to obtain bids as contractors usually need winter work. Mayor Warkentien moved, seconded by Councilmember Brown, that Resolution 81-17 be approved as presented. Motion carried unanimously. RESOLUTION 81-17 ~.I RESOLUTION 81-1 RESOLUTION 81-? I AUTHORIZATION TO COMMENCE EMINENT DOMAIN PROCEEDINGS Attorney Allen stated that a common procedure is to undertake negotiators with the owner at the same time as the condemnation and requested that Council authorize Clerk Administrator Barnes and the City Attorney to engage in such negotiations. Councilmember Eggert moved, seconded by Councilmember Larson, that the Clerk Administrator and City Attorney be authorized to engage ir. negotiations at the same time as the cor_-- demnation. Motion carried unanimously. Clerk Administrator Barnes presented a report from the City Building Inspector, Larry Squires, placing a value of $341,70 on the present city property based upon a $4.00 per square foot price on the land area, replacement costs for the structures and some inflation in view of the fact that it is a property needed by others. The Clerk Admini- strator informed that a firm other than GTA is now intersted is the property and inquired if Council desired him to further negotiate with interested parties. Council responded in the affirmative. Clerk Administrator Barnes reported that to date residents of the tornado damaged area have submitted bills for debris removal totaling $13,310.50. After~a short discussion Councilmember Larson moved, seconded by Councilmember Brown, that the property owners who have submitted receipted bills be reimbursed 50% of the cost of tornado related debris removal. Motion carried unanimously. ATTORNEY & CLE. ADMINISTRATOR TO NEGOTIATE AT TIME OF CONDE~*4NATION BUILDING INSPECTOR'S VALUTATION OF PPtiSEIv'T CITY PROPERTY CLERK-ADM. TO C023TINUE NEGOTIATIONS RESIDENTS TO BE REIMBURSED 50% FOR REMOVAL OF TORNADO DEBRIS MINUTES SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 ' PAGE 5 It was noted that installing a sprinkling system in the old portion of; the Municipal Liquor Store would .reduce insurance casts from $317.00 tQ $158.00 per year. Council was not nterested because the reduction was relatively small compared to instal.~ation costs. i ! Clerk Administrator Barnes. requested input from Council regarding installation of new fencing at the Municipal Liquor Store. The Clerk Administrator suggested that, perhaps, chain link fence could be placed along the south side by Embers, and redwood privacy fence along the east side by the private residences. Council discussed a solution to the damage of the fence by trucks parked at Embers and methods to avoid damage to a new fence. Mayor Warkentien moved, seconded by Councilmember Larson, that the Clerk Administrator be authorized to obtain information on kinds and costs of fencing the Liquor Store parking lot and to discuss parking problems with Embers. Motion carried unanimously. r~ NOTED REDUCTION IN INSURANCE COST IF LIQUOR STORE IS SPRINKLID CLERK-ADM. TO CHECK ON COSTS OF NEW FENCING FOR LIQUOR STOR PARKING LOT Councilmember Brown reported on the joint AMM and League of Muni- AMM-LEAGUE OF cipalities Meeting held September 30, 1981, which was attended by MUNICIPALITIES Mayor Warkentien, Councilmember Brown and Clerk Administrator Barnes. MEETING HELD The primary subject of the meeting was how communities can hold down 9/30/81 costs. Councilmember Brown informed Council that the Recreation Advisory Committee has made the recommendation that Council authorize the opening of the rink at Falcon Heights Community Park with a paid attendant, and the University Grove and Idaho Snelling rinks be opened on a volunteer basis as has been done in recent years. Councilmember Brown moved, seconded by Councilmember Larson, that the rink at the Community Park be opened with a paid attendant and the Grove and Idaho-Snelling rinks be opened with volunteer help for the 1981-1982 skating season. Motion carried unanimously. Clerk Administrator Barnes requested that Council consider establish- ing water and sewer connection charges, especially, in view of fact that there are plans to build condominiums and town houses on the Rose Hill Nursery property. In response to an inquiry from Council- member Eggert as to what the City's cost would be in regard to con- nections Clerk Administrator Barnes replied there would be inspect- ions, repairs and maintenance. He also indicated that the City presently has a water connection fee based on meter size but no sewer connection charge. Council requested that the Clerk Admini- strator survey adjacent communities to determine their present charges and bring that information to the October 28, 1981 Council Meeting. Councilmember Eggert informed that proposals from 4 Cable TV companies have been received by the North Suburban Cable Commission. Copies of the proposals are available at the Falcon Heights City Office and may checked out for review by interested persons. SKATING RINK AT PARK TO HAVE PAID ATTENDANT GROVE & IDAHO- SNELLING RINKS- VOLUNTEER HELP WATER & SEWER CONNECTION CHARGES DISCUSSED CABLE TV UPDATEI Mayor Warkentien reported on a lake overflow meeting which he and the LAKE OVERFLOW Clerk Administrator attended in Maplewood on the afternoon of October UPDATE 7, 1981. The meeting was a Special Meeting of the Maplewood Council and following a long discussion that council voted 5-0 to proceed with litigation in the matter of the overflow. Attorneys for each com- munity involved will be contacted regarding the matter. Mayor MINUTES _ '~ SPECIAL CITY COUNCIL MEETING OCTOBER 7, 1981 PAGE 6 Warkentin mentioned that Falcon Heights had paid $88,000 to St. Paul OVERFLOW (cont. over twenty years ago for separation of sewers which was never done, and if St. Paul desires to start over then the $88,000 plus interest, and inflation factor should be returned to Falcon Heights. Attorney Allen informed that he had checked into whether a 10% per SEWER LATE quarter late penalty on sewer charges violated any law. He stated PENALTY CHARGE that is all depends on whether or not a court of law would consider it to be a penalty or interest. If it were determined to be a penalty there would be no problem. Council agreed that the intent is to charge a penalty. In reply to a question raised at a previous meeting Attorney A11en CONTINGENCY informed that the City could contingency zone the University of ZONING DIS- Minnesota property. Councilmember Larson stated that the Planning CUSSION Commission has addressed the matter in conjunction with the re- writing of the Zoning Ordinance. Councilmember Eggert inquired as to the City`s legal right without contingency zoning and was assured by the City Attorney that all P1 and P2 areas would remain P1 and P2 even if it is sold. If the land is to be used for any other purpose it would require rezoning. Councilmember Brown informed Council that the Fire Department is FIRE DEPT. STET holding the annual steak fry on October 24, 1981 at 6:00 p.m. at FRY TO BE HELD the City Hall. All Members should make Councilmembers are invited and all interested reservations two to three days in advance. 10/24/81 DANCE TICKET Councilmember Brown also noted that the Fire Department has begun SALES BEGiN sale of tickets for the annual dance. Councilmember Larson stated that Mr. Philip Meyers had attended the October 5, 1981 Planning Commission Meeting in an attempt to obtain approval to construct a 6-plea on the property at 1899 W. Larpenteur. Councilmember Larson was concerned that even though the Planning Commission informed Mr. Meyers that he must come back to the Com- mission with plans, Mr. Meyers` reaction indicated that he had no doubt but what approval would be granted. Councilmember Brown, who attended the Planning Commission Meeting, stated that the Gom- mission informed Mr. Meyers that they had nothing to work with and must have plans. Council directed the Clerk Administrator to mail a copy of the October 5, 1981 Planning Commission Minutes to Mr. Meyers to clarify the matter. DISCUSSION ON PROPOSED 6-PLEA 1899 W. LARPENTEUR Council discussed the problem of Council, Commission and Committee RULING ON USE Members contacting consulting employees such as Attorney,-Engineer OF CONTRACTUAL Planner, etc.. Council directed the Clerk Administrator to write a EMPLOYEES BY letter to all Commission and Committee members requesting that members COUNCIL, COM- must refrain from using consulting services without the express re- MISSION AND quest of the Council as the Council is the only body which can author- COMMITTEE ize expenditures of public funds. In regard to Councilmembers, Attorney MEMBERS Allen recommended that any subject which would require research should first be approved by Council before contacting consultants, but that simple problems, such as clarification of matters, be allowed on an individual basis. MINUTES , SPECIAL CITX COUNCIL MEETING OCTOBER 7, 1981 PAGE 7 A discussion was held regarding egress and access streets if American POSSIBLE STRE£ Shelter Corporation constructs multi-family dwellings on the Rose Hill CONSTRUCTION Nursery property. One Planning Commission member fias designed a plan ON ROSE HILL to extend Garden Ave:y iaest-from Maple Knoll to Tatum and that plan plus PROPERTY others will be considered by Council and the Planning Commission at Future meetings. Mayor Warkentien moved, seconded by Councilmember Larson, that Ordinance 4184 be adopted and that the Clerk Administrator be authorized to publish such ordinance in the City's legal newspaper. Motion carried unanimously. ORDINANCE X6184 ORDINANCE ~~18~ '' AN ORDINANCE AMENDING ORDINANCE N0. 46 OF THE CITY OF FALCON HEIGHTS ENTITLED, "AN ORDINANCE REGULATING THE OPERATION OF THE MUNICIPAL SANITARY SEWER SYSTEM: REQUIRING CONNECTIONS TO BE MADE TO THE MUNICIPAL SANITARY SEWER SYSTEM, ESTABLISHING REULATIONS AS TO TYPES AND KINDS OF WASTES THAT MAY BE DISPOSED OF BY THE USE OF THE MUNICIPAL SANITARY SEWER SYSTEM: PRO- HIBITING THE DISCHARGE OF ANY TYPE OR KIND OF SURFACE WATERS INTO THE MUNICIPAL SANITARY SEWER SYSTEM AND PRESCRIBING RATES AND CHARGES FOR DISPOSAL SERVICES." Council discussed the presentations made by the architectural firms BONESTR00 & earlier in the meeting. Council agreed that all three gave excellent ASSOC. & presentations and that all were well qualified, however, the consensus SHEA ARCHITECT of opinion was that David Shea had more of a feeling of what the City INC. CHOSEN Ti needed, his presentation was directed more at Falcon Heights, he was START WORK ON more specific in his proposals and seemed to be a person who would NEW CITY work well with people. Engineer Lemberg then opened the bids as COMMUNITY follows: (1) Ackermann and Associates, Inc. Architects $14,800, (2) CENTER Winsor/Faricy Architects, Inc. $36,000 to $40,000 (this bid in- cluded some work which can be done by the engineering firm) and (3) Shea Architects, Inc. $7,500 to $9,000. Mayor Warkentien moved, seconded by Councilmember Larson, that the Community Building project be given to .the engineering firm of Bonestroo, Rosene, Anderlik and Associates with the stipulation that they engage David Shea as the architect, and that the Bonestroo firm be authorized to start the plans and specifications. Motion carried unanimously. Councilmember Larson moved, seconded by Councilmember Eggert, that the ADJOURNMENT meeting be adjourned at 11:00 p.m.. Motion carried unanimously. Attes ~..7~ -~ ewan B. Barnes, Clerk Administrator ~L~-~ ~ ~ ~z ~: Willis C. A. Warkentien, Mayor Special City Council Meeting of October 7, 1981