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