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HomeMy WebLinkAboutCCMin_82Jan13MINUTES REGULAR CITY COUNCIL MEETING JANUARY 13, 1982 A regular meeting of the Falcon Heights City Council was called to order by Mayor Warkentien at 7:30 p.m. Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. PRESENT Also present were Deputy Clerk Rolek, Attorney Swanson and Engineer Lemberg. None. ABSENT The following new business was added to the agenda: (1) Planning NEW BUSINESS Commission request to amend Ordinance ~~177, (2) Cable TV, (3) Response ADDED TO to letter from Gene Steele, (4) Community Center, (5) Open Meeting Law, AGENDA and (6) Consideration of approval of appraised value of City Hall site. Councilmember Eggert moved, seconded by Councilmember Larson, that the CONSENT Consent Agenda be approved as presented. Motion carri ed unanimously. AGENDA 1. Lauderdale Fire Report ~~L-02081 2. Fire Report ~~F-02781 3. Rescue Reports 1IR-09481 - 4~R-09781 and ~~R-00182 4. General Payroll 12/16/81 - 12/31/81 $ 4,591.18 5. Liquor Payroll 12/16/81 - 12/31/81 $ 3,173.50 6. General Disbursements 12/31/81 $ 31.63 7. General Disbursements 1/1/82 - 1/13/82 $24,494.58 8. Liquor Disbursements 12/29/81 - 12/31/81 $ 6,481.27 9. Liquor Disbursements 1/1/82 - 1/11/82 $16,304.18 10. Addendum to December 7, 1981 Planning Commission Minutes Councilmember Larson moved, seconded by Mayor Warkentien, that the Minutes of December 30, 1981 be approved as presented. Motion carried unanimously. Councilmember Larson moved, seconded by ?+Iayor Warkentien, that Resolution 82-3 be adopted. Motion carried unanimously. RESOLUTION 82-3 RESOLUTION 82-3 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR THE GENERAL AND SINKING FUNDS OF THE CTTY OF FALCON HEIGHTS Councilmember Eggert moved, seconded by Councilmember Larson, that Resolution 82-4 be adopted. Motion carried unanimously. RESOLUTION 82-4 RESOLTUION 82-4 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY OF THE LIQUOR FUNDS OF THE CITY OF FALCON HEIGHTS Councilmember Larson moved, seconded by Councilmember Ciernia, that Resolu- tion 82-5 be adopted. Motion carried unanimously. RESOLUTION 82-5 RESOLUTION 82-5 A RESOLUTION REGARDING .THE SAFETY DEPOSIT BOX AT THE NORTH STAR STATE BANK t • ~J 1776 Arona Avenue Falcon Heights, MN 55113 Ms. Rice Chestovich 1407 California Avenue W. Falcon Heights, MN 55108 Dear Ms. Chestovich: _ It is always disappointing to lose an election, which, of course, I did. But it is even more disappointing when you learn that your opponent has allegedly conducted a vindictive, personal campaign against you, rather than one based on issues. The first issue is the personal campaign. Many members of the community have come forward during the past weeks to voice their concern over your committee's aggressiveness in attacking me, personally. Some have come forward displaying concern over the campaign conducted by individuals in the League of Women Voters, supposedly non-partisan, who, during the fund drive, displayed a rather non-partisan approach, particularly the members from Roseville. The second concern is your knowledge or lack of it concerning Election Laws in the State. There is an election law that makes it a misdemeanor as a candidate to transport a voter to the polls on election day. It was brought to my attention that you did, at a minimum, transport one voter in Precinct One to the Precinct One polling place. While I cannot be the judge and jury, I find that activity to be in conflict with the statute. I chose to remain silent during the post-election period for the reason that I did not want to be disruptive to the business of the City. Now that I am no longer on the Council, I feel that I owe it to you and the members of the Council to draw your attention to these apparent discrep- ancies and departure from the norm of a fair campaign. I also want to draw your attention to the. responsibility you now have to the City and its citizens in your position on the Council. I hope that your term in office will be above reproach and that you will finally be judged not so much on what you did, but how you did it, unlike your approach to winning. r • Very truly our~i, \ i i~~ ~. E. W. Steele EWS:dw CC: Mayor of Falcon Heights Falcon Heights Council Members \. ~` January 13, 1982 I would like to respond to Gene Steele's letter in 2 parts: I catagorically deny that I conducted a vindictive, personal campaign against Gene Steele. No issues regarding personality were made a part of my campaign speeches or included in any of my campaign materials. There were 4 candidates for 2 seats so in effect we were all campaigning against one anther for the priviledge of serving the community on the council. My committee consisted of Lill Duethman, Marianne Kelley and Mary Zubrzycki. I sincerely believe that none of those 3 women made aggressive personal attacks against Gene Steele. Of the 3, only my Campaign Mgr., Mrs. Duethman, belongs to LWY. No one who is in League living in Roseville was ever part of my campaign in any way. If Gene Steele has the specific name or names of any League mamber who during the fund drive or if a business that was solicited can substantiate this complaint then the League should be made aware of it. • As to the 2nd part - I did indeed transport a disabled voter, at her request, to the parking lot of the Precinct One polling place. I did this only after being told that it was acceptable and only several hours later was I made aware that it was against the election laws. I do accept that I made a mistake and assume full responsibility. I did not do this with malice or with any intent to break the law. tTThe arrival of this letter caused me extreme distress by virtue of the fact that this is my lst full adgended council meeting also not giving me time enough to contact all the members of my campaign committee in order that they might be aware of the allegations made against them. If there are any questions I would like to take the time to respond to them right now. If there are no questions then I consider and I hope the rest of the Council will consider both matters closed. • MINUTES REGULAR CITY COUNCIL MEETING JANUARY 13, 1982 PAGE 2 Following a short discussion Mayor Warkentien moved, seconded by Council- member Chestovich that the Sun Newspaper be designated as the City's official newspaper for the year 1982. Motion carried unanimously. Councilmember Eggert moved, seconded by Mayor Warkentien, that the firm of Briggs and Morgan be designated as the Legal Consultant for the City for the year 1982. Motion carried unanimously. Councilmember Larson moved, seconded by Councilmember Eggert, that the firm of Bonestroo, Rosene, Anderlik and-Associates, Inc. be designated as the Engineering Consultants for the City of Falcon Heights for the year 1982. Motion carried unanimously. Mayor Warkentien moved, seconded by Councilmember Larson, that the firm of Ehlers and Associates, Inc. (Phil Chenoweth) be designated as the Fiscal Consultant for the year 1982. Motion carried unanimously. Mayor Warkentien requested Council's approval of the apppointment of Councilmember Sandra Larson as Acting Mayor for the year 1982. Council- member Eggert moved, seconded by Councilmember Ciernia, that the appoint- ment be approved. Upon a vote being taken the following voted in favor thereof: Mayor Warkentien, Councilmembers Eggert, Ciernia and Chestovich, and thr- following voted against the same: None. Councilmember Larson abstained. Motion carried. Councilmember Larson moved, seconded by Councilmember Eggert, that Clerk Administrator Barnes be appointed Civil Defense Director for the year 3.982. Motion carried unanimously. Councilmember Eggert moved, seconded by Councilmember Larson, that Eugene Pakoy be appointed Gas Inspector for the year 1982. Motion carried unanimously. Councilmember Eggert moved, seconded by Mayor Warkentien, that Robert Clauson be appointed Electrical Inspector for the year 1982. Motion carried unanimously. Councilmember Larson. moved, seconded by Councilmember Ciernia, that Dr. David French be appointed City Horticulturist for the year 1982. Motion carried unanimously. Mayor Warkentien moved, seconded by Councilmember Larson, that Richard Alquist be appointed Plumbing Inspector for the year 19$2. Motion carried unanimously. Mayor Warkentien presented for Council's approval the following appoint- ments to the Human Rights Commission: Tom Baldwin, 1716 Albert, to complete Paul Ciernia's term, term to expire December 31, 1982, Louise Zawlocki, 1211 Fifield, to complete the term of Cindy Gibson, term to expire December 31, 1983, Donald Grittner, 1718 Arona, reappointment, term to end December 31, 1984, Robert Yahnke, 1776 Simpson, reappoint- ment, term to end December 31, 1984, Ernsta Olson, 1687 W: Larpenteur, term 'tu expire December 31, 1984, and Casper Hanson, 1791 Albert, term to expire December 31, 1984. Councilmember Ciernia moved, seconded by Councilmember Eggert, that the appointments be approved. Motion carried unanimously. SUN NEWS- PAPER OFFICIAL PAPER BRIGGS & MORGAN-LEGAL CONSULTANT BONESTR00 & ASSOC. ENG. CONSULTANT EHLERS &ASSOC FISCAL CONSULTANT SANDRA CARSON ACTING MAYOR CLERK-ADM. CIVIL DEFENSE DIRECTOR EUGENE PAKOY GAS INSPECTQt R. CLAUSON ELECTRICAL INSPECTOR DR. FRENCH HORTICULTUR- IST R. ALQUIST PLUMBING INSPECTOR HUMAN RIGHTS APPOINTMENTS BALDWIN, ZAWLOCKI, GRITTNER YAHNKE,OLSON~ & HANSON MINUTES REGULAR CITY COUNCIL MEETING JANUARY 13, 1982 PAGE 3 Attorney Swanson presented proposed Resolution 82-6 regulating truck parking on the east side of Arona. Councilmember Eggert moved, seconded by Councilmember Chestovich, that the resolution be adopted as presented. Motion carried unanimously. RESOLUTION 82-6 ' A RESOLUTION REGULATING PARKING ON THE EAST SIDE OF ARONA AVENUE BETWEEN LARPENTEUR AVENUE AND CRAWFORD STREET AND AMENDING RESOLUTION 79-27 As requested by Council at a previous meeting, Attorney Swanson presented a proposed amendment to Ordinance ~~145 regulating the use of snowmobiles. Councilmember Larson moved, seconded by Councilmember Ciernia, that Ordinance X1186 be adopted amending Ordinance ~~145, and authorizing the publication of the same. Motion carried unanimously. ORDINANCE 11186 AN ORDINANCE RELATING TO THE OPERATION OF SNOW- MOBILES AND AMENDING ORDINANCE N0. 145 OF THE CITY OF FALCON HEIGHTS Councilmember Chestovich moved, seconded by Councilmember Eggert, that the Clerk Administrator be authorized to issue a check for payment of fees for the ConferencE for Newly Elected Officials and Seminars for All Elected Officials, which will be held January 29th and 30th, 1982, ir: Brooklyn Park, MN. Motion carried unanimously. Councilmember Larson moved, seconded by Mayor Warkentien, that the Surety Bond for Dewan B. Barnes, issued by Safeco Insurance Company of America at a cost of $50.00 be approved. Motion carried unani- mously. L~ Councilmember Chestovich requested that Council consider a two-way stop sign at California and Albert. Residents of the area have expressed concern regarding the spud of traffic, the fact that it is a heavily used school bus stop and there are no sidewalks on Albert. During the discussion it was suggested that the City Engineer examine the situation. Engineer Lemberg recommended that the Maintenance Foreman mark a City map showing where stop signs are presently placed and he will then review the map. Council agreed to the recommendation. Deputy Clerk Rolek read the MSA Street Fund Report dated December 31, 1981 showing the balance available as $360.00 for maintenance and $23,196.84 for construction. Mayor Warkentien brought to Council's at*_ention the League of Minnesota Cities Legislative Action Conference to be held January 27, 1982, at 8:30 a.m. to 8:00 p.m, at the Holiday Inn Central, St. Paul. RESOLUTION 82-6 ORDINANCE 41186 CLERK-ADM. AUTHORIZED TO PAY FEES FOR SEMINARS FOR ELECTED OFFICIALS BOND APPROVID FOR CLERK- ADM. REQUEST FOR 2-WAY STOP AT ALBERT & CALIFORNIA MSA STREET FUND REPORT LEAGUE CONFERENCH 1/27/82 Mayor Warkentien read Metropolian Waste Control Resolution 81-296 approv- ing the Comprehensive Sewer Plan for the City of Falcon tIeights. MWCC APPROVES Council approved the Metro Waste Contol Resolution 81-296 dated Deceml:,er CITY SEWER 15, 1981. PLAN MINUTES REGULAR CITX COUNCIL MEETING JANUARY 13, 1982 PAGE 4 Councilmember Larson presented a request from the Planning Commission to amend Ordinance 4177 to permit hiring a secretary rather than appoint- ing a secretary from the Commission. Councilmember Larson explained that Jerry Wallin is unable to continue as secretary and other members were not interested in serving in that capacity. Councilmembers Eggert aiYd Larson were of the opinion that the Commission should appoint someone from their own membership and Councilmember Eggert suggested that the person serving as secretary might dictate the minutes on a tape to be transcribed by the City Secretary. Rather than incurring the expense of amending and publishing the ordi- nance, Attorney Swanson suggested that the Commission appoint one of the members as secretary and hire a person to be the working secretary to do the minutes and the Commission Secretary would sign the minutes. Councilmember Eggert stated he felt the need for a paid secretary would be temporary, probably only during the period of the proposed re-zoning of the Hawkins-Hermes property. Mayor Warkentien moved, seconded by Councilmember Larson, that the Clerk Administrator be directed to secure a part time, paid, deputy secretary to assist the Planning Commission as needed. Upon a vote being taken the following voted in favor there- of: Mayor Warkentien, Councilmembers Larson, Ciernia and Chestovich, anal the following voted against the same: Councilmember Eggert. Motion carried. Councilmember Eggert presented an update on the Cable TV franchising matter. He explained that the North Suburban. Cable Commission had meant to discourage the '°local investurs concept", however, due to the wording of the Request. for Proposal (stating that the Commission would look with disfavor un such practices but not prohibiting local investors) one firm, Storer, has used local investors. 'the other bidding firms have respected the wishes of the Commission thus giving Storer an un- fair advantage. Councilmember Eggert expressed displeasure that this has been allowed to take place. Attorney Swanson, as requested at a previous meeting, informed that he had reviewed the Cable Commission by-laws and voting procedures and that he was of the opinion that the Commission should adhere to a 2/3 vote. Attorney Swanson. was directed to draft a letter to the Cable Commission Attorney regarding the outing procedures. (? PLANNING COMMISSION REQUEST FOR PAID SECRETARY CABLE TV UPDATE Councilmember Chestovich responded to a letter from former Council- STEELE member Gene Steele critizing her camp<zign practices during the 1981 CRITICISM City Election. Councilmember Chestovich read her reply to the charges OF and offered to answer any questions presented by Council. Since Council CHESTOVICH had no questions or comments the matter was dropped. CAMPAIGN Councilmember Chestovich inquired as to whether or not the Council had, CITY HALL at any time, considered the possibility of placing the City Hall on SITE the present Falcon Heights School site, as there is a possibility that the school may close within a few years. Mayor Warkentien replied that the subject had come up, but at that time, there was no indication of the school closing. MINUTES REGULAR CITY COUNCIL MEETING JANUARY 13, 1982 PAGE 5 Councilmember Chestovich requested information on how to reply to CITY HALL residents who inquire as to how the new City Hall will be financed. FUNDING Deputy Clerk Rolek replied that over the years any surpluses in the budget were invested and these monies will be used for the construct- ion project. Also there will be funds from the sale of the present , City Hall property. In response to an inquiry from Councilmember Chestovich regarding whether or not there was some kind of financial statement which she could have showing the amounts available, the Deputy Clerk advised that the auditors are presently preparing a financial report for the year ending December 31, 1981. Engineer Lemberg requested that Council set a date to meet and choose MEETING TO brick, tile, carpet, etc., for the new City Hall. Following a dis- SELECT BRICK cussion a meeting was scheduled for Saturday, January 23, 1982 at 10:30 TILE, ETC. a.m. at the City Hall. SCHEDULED FOR 1/23/82 Councilmember Ciernia inquired as to whether or not there have been any changes in the Open Meeting Law since the matter was last discussed at OPEN MEETING the May 28, 1980 Council Meeting. Attorney Swanson informed that he LAW was not aware of any changes, but that he would check with the Attorney General's Office for any recent opinions on the matter. Attorney Swanson presented the appraisal of the proposed City Hall site, which was prepared by Thomas J. Delaney, the appraiser hired for the City by the City°s Legal Consultant. He explained that the appraisal is required as a part of the condemnation procedure and must be approved by resolution. Mayor Warkentien moved, seconded by Councilmember Larson, tha Resolution 82-7 be adopted approving the appraisal. Motion carried unanimously. RESOLUTION 82-7 A RESOLUTION ADOPTING AN APPROVED APPRAISAL OF VALUE FOR PURPOSES OF THE ACQUISITION OF CER'1'AIN PROPERTY BY CONDEMNATION Mayor Warkentien pres~•nrc~d the Council assignments for the year 1982. Councilmember Eggert inquired as to why the appointments are not approved by Council as stipulated in the Clerk's Manual and Mayor Warkentien re- plied that, to his knowledge, the assignments have never been approved. Attorney Swanso^ stated he was not aware of any City ordinances regard- ing the matter, huwever, since Council is really in control, the assign- ments could be approved by motion as a matter of procedure. Mayor Warkentien moved, seconded by Councilmember Larson, that the assignments be approved as presented. Motion carried unanimously. RESOLUTION 82-7 1982 COUNCIL ASSIGNMENTS APPROVED Councilmember Larson moved, secoud~d by Counci.lmembc~r Eggert, that the ADJOURNMENT meeting be adjourned at 10:00 p.m. Motion carried unanimously. Attest: /~~ ~ Willis C. A. Warkentien, Mayor )// i .~ ut/v Clerk Council Meeting of January 13, 1982