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MINUTES
REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1982
A regular meeting of the Falcon Heights City Council was called order
at 7:30 p.m. by Mayor Warkentien.
Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich.
Also present were Clerk Administrator Barnes, Attorney Swanson, and
Engineer Lemberg.
Mayor Warkentien opened the Public Hearing on Cable TV and turned the
presentation over to Councilmember Eggert. Councilmember Eggert in-
formed those in attendance that the hearing notice was published in the
City's Legal Newspaper and that the purpose of the meeting was to provide
an opportunity for citizen input. He gave a brief review of the organi-
zation and functions of the North Suburban Cable Commission and that
three firms, United Zylstra, Storer and Teleprompter, have submitted
bids, each firm addressing the Commission's requirements in different
ways, all having good and bad points.
Mr. Bob Klukas of Teleprompter was in attendance to answer any questions.
Councilmember Ciernia commented on the evaluations of the cable company
proposals submitted by the North Suburban Schools Cable Commission.
The report stated that Teleprompter and United Zylstra did not provide
for a full time coordinator for grades K - 12, which had been requested
by the schools. and Councilmember Ciernia inquired as to whether that
was significant. Mr. Klukas replied that Teleprompter-would provide
2 employees dedicated to assisting educators but they are not specifically
dedicated to public schools, but would assist private schools and colleges
also. He stated that in the strict sense the school§'request was not met
but the fact that there will be two full time employees assisting would
be an asset.
Leonard Neilsen, 1831 Tatum, wanted to know how Cable TV will be
financed when it comes to Falcon Heights to which Councilmember Eggert
replied that it will be paid for by the subscribers and that the City
has no part in the financing except for the $2,000 to become a part of
the North Suburban Cable Commission. The franchise agreement provides
for refunding of all city expenses.
Since there were no others wishing to be heard Councilmember Eggert moved,
seconded by Councilmember Larson, that the Public Hearing on Cable TV
be closed. Motion carried unanimously.
PRESENT
PUBLIC
HEARING ON
CABLE TV
The following items of new business were added to the Agenda: (1) Mutual NEW BUSINES:
Aid Agreement with Unity Hospital, (2) Resolution 82-12, (3) Resignation ADDID TO
of Casper Hanson from the Human Rights Commission, (4) Falcon Heights AGENDA
School closing, (5) Liquor Store, and (6) ERA.
Councilmember Eggert moved, seconded by Councilmember Larson, that the
Consent Agenda be approved as presented. Motion carried unanimously.
1. Fire Report ~~F-00482
2. Lauderdale Rescue Report #L$-00182
3. Falcon Heights Rescue Report 46R-01182
4. General Payroll 2/1/82 - 2/15/82
5. Liquor Payroll 21/1/82 - 2/15/82
6. General Disbursements 2/11/82 - 2/25/82
7. Liquor Disbursements 2/9/82 - 2/22/82
$ 5,620.99
$ 2,648.45
$491,208.24
$ 10,471.70
CONSENT
AGENDA
APPROVE
MINUTES
REGULAR CITY COUNCIL MEETING ~ iJ
FEBRUARY 24, 1982
PAGE 2
1
1
8. Minutes of Human Rights Meeting, January 21, 1982 CONSENT
9. Liquor Store Financial Report AGENDA
APPROVED
Councilmember Larson moved, seconded by Councilmember Ciernia, that the
Minutes of February 10, 1982 be approved as presented. Upon a vote being MINUTES OF
taken the following voted in favor thereof: Mayor Warkentien, Council- 2/10/82
members Larson, Ciernia and Chestovich, and the following voted against APPROVED
the same: None. Councilmember Eggert abstained. Motion carried.
Following a short discussion Mayor Warkentien moved, seconded by Council- CHAMBER
member Larson, that the City continue a membership in the Northwest Subur- MEMBERSHIP
ban Chamber of Commerce for the year 1982. Motion carried unanimously. TO BE RE-
NEWED
Mayor Warkentien moved, seconded by Councilmember Larson, that the
following bad checks from the Liquor Store be written off: (1) Joel BAD CHECKS
A. Parish, check dated 11/24/81, $17.34, (2) Bessie L. Green, check FROM LIQUOR
dated 5/1/81, $23.89, (3) Jose D. Mayorga, check dated 7/30/81 ,$8.39, STORE WRITT;
and (4) Johnzetta Hayes, check dated 7/31/79, $5.00. Motion carried OFF
unanimously.
Mayor Warkentien moved, seconded by Councilmember Larson, that the
Clerk Administrator be authorized to cancel the following checks
due to a request to change the name of the payee: Checks X114489,
14490 and 14491 totaling $228,000.00 payable to First National Bank
of Minneapolis and American Shelter Corporation and Check 1114401
in the amount of $2,000 payable to American Shelter Corporation.
Motion carried unanimously.
Attorney Swanson presented for Council's consideration proposed
Resolution 82-11 approving metes ar~d bounds conveyance on the
property on which the new community building will be constructed,
and Resolution 82-12 approving metes and bounds conveyance of
the property being purchased for street easement.
Councilmember Eggert moved, seconded by Councilmember Ciernia, that
Resolution 82-11 be approved as presented. Motion carried unanimously.
RESOLUTION 82-11
A RESOLUTION APPROVING METES AND BOUNDS CONVEYANCE
Councilmember Larson moved, seconded by Mayor Warkentien, that Resolution
82-12 be adopted. Motion carried unanimously.
RESOLUTION 82-12
A RESOLUTION APPROVING METES AND BOUNDS CONVEYANCE
(STREET EASEMENT)
CHECKS
~~14489,1449~
14491 &
14401
CANCELLED
RESOLUTION
82-11
RESOLUTION
82-12
The matter of the Jehovah Witnesses opposition to City Ordinance 11131 JEHOVAH
(regulating peddlers and solicitations) was deferred until the March WITNESS
10, 1982 meeting to allow Attorney Swanson an opportunity to review MATTER
the material. DEFERRED
MINUTES ~:+ ~-,
REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1982
PAGE 3
Clerk Administrator Barnes presented proposed Ordinance ~~188 increasing SEWER CHARG
the sanitary sewer charges. He explained that the charges to the City INCREASE
by the Metro Waste Control Commission for the year 1982 have been in- DISCUSSION
creased from $172,231.93 in 1981 to $280,321:.74 making it necessary to
increase the City's charges to users as follows: Residential $19.00
per quarter-Commercial to $,73 per thousand gallons.
In answer to a question from Councilmember Eggert regarding the purpose
of charging over the amount necessary to cover the Metro Waste charges,
Clerk Administrator Barnes explained that the overage will be held in
the sanitary sewer fund for any necessary repairs to the sewer lines.
He also explained that the a survey of sewer charges in surrounding
communities indicated that many have much higher rates than those pro-
posed for Falcon Heights.
Mayor Warkentien mentioned the fact that Roseville has a reduced rate
for senior citizens and that he, personally, did not think Falcon Heights
should consider a special rate for seniors, but that Council should be
aware of the fact in the event they receive phone calls on the matter.
Clerk Administrator Barnes explained that Roseville is more able to
subsidize seniors due to the fact that Roseville has large commercial
accounts.
Councilmember Ciernia inquired as to whether or not the increased charges
made by Metro Waste Control includes overflow charges. Clerk Administrator
Barnes informed that there is a $5,200 charge for lake overflow, however,
that amount will be held back until the overflow matter is resolved.
Councilmember Eggert asked what kind of potential problems might occur
and if the reserve ($100,000 presently in the fund plus the addition
of $70,000 during 1982) is adequate, inadequate or excessive. Engineer
Lemberg replied that sewer cleaning, any contractual labor, cave ins,
sewer line breaks, etc. would be paid from the fund and that $100,000
would not be adequate in the event of extensive repairs. In reply to
an inquiry by Councilmember Eggert, Engineer Lemberg explained that many
variables enter in to the method by which communities determine adequate
reserves for sewer problems such as the type of sewer system, depth of
sewers, a percentage of the length of sewers, etc.
Clerk Administrator Barnes explained that the revenues which will be
kept in reserve, hopefully, will be sufficient so that rate increases
will not be necessary for several years even though the Waste Control
Commission can increase their rates at any time. Councilmember Eggert
stated he was not unhappq with the increase but did not feel it would
be reasonable to add $70,000 yearly to the reserve fund. He agreed it
was necessary to build up the depleted fund.
Councilmember Larson moved, seconded by Councilmember Ciernia, that
Ordinance X188 be adopted as presented and that the Clerk Administrator
be authorized to publish the same. Motion carried unanimously.
MINUTES
REGULAR CITY CIIUNCIL MEETING
FEBRUARY 24, 1982
PAGE 4
ORDINANCE 4188 ORDINANCE
~i188
AN ORDINANCE AMENDING ORDINANCE N0. 46, ENTITLED " AN
ORDINANCE REGULATING THE OPERATION OF THE MUNICIPAL
SANITARY SEWER SYSTEM REQUIRING CONNECTIONS TO BE MADE
TO THE MUNICIPAL SANITARY SEWER SYSTEM ESTABLISHING
REGULATIONS AS TO TYPES AND KINDS OF WASTES THAT MAY
BE DISPOSED OF BY THE USE OF THE MUNICIPAL SANITARY
SEWER SYSTEM PROHIBITING THE DISCHARGE OF ANY TYPE
OR KIND OF SURFACE WATERS INTO THE MUNICIPAL SANITARY
SEWER SYSTEM AND PRESCRIBING RATES AND CHARGES FOR
DISPOSAL SERVICES", AS A;~NDED BY ORDINANCE N0. 48,
ORDINANCE N0. 58, ORDINANCE N0. 63, ORDINANCE No. 82,
ORDINANCE N0. 110, ORDINANCE N0. 113, ORDINANCE N0. 155,
AND ORDINANCE N0. 158
Mayor Warkentien informed Council that Westlund Construction has GROUND BREAK-
suggested March 3 as a date for the ground breaking ceremony for the ING CEREMONY
new community building. Following a short discussion Councilmember TO BE HELD
Eggert moved, seconded by Councilmember Larson, that the ground break- 3/3/82
ing ceremony be scheduled for March 3, 1982 at 9:30 a.m. Motion
carried unanimously.
Clerk Administrator Barnes explained that there is presently a bill
being considered by the Legislature (Senate File 786) which would
allow Fire Relief Associations to increase firefighter's benefits
without city council approval. He expressed concern that funding
might be depleted and communities would then be required to levy
taxes for additional funding. The matter had been discussed with
Chief Renchin who was of the opinion that such depletion could not
happen in Falcon Heights as that association is fully funded. Council-
member Larson suggested that the matter be tabled until after the
Fire Department business meeting on March 2, 1982 and that all
Councilmembers and the City Attorney be provided with copies of the
proposed bill.
Clerk Administrator Barnes informed Council that former firefighter
John Menz has filed for unemployment compensation, even though he
resigned from the department. He explained that municipalities do
not have the right to appeal such claims, however, a copy of the re-
signation has been sent to the Department of Economic Security.
Council concurred that the law is unfair notonly to municipalities
but also to private business.
LI
Mayor Warkentien commented on a letter from Mayor Latimer of St.
indicating pleasure with the progress being made by the advisory
committee of the Job Corps Center and attributed a great deal of
progress to the participating communities (which includes Falcon
Heights.
FIRE RELIEF
ASSOCIATION
DISCUSSION
JOHN MENZ
UNEMPLOYMENT
CLAIM
Paul, MAYOR LATIMER
LETTER RE-
the GARDING JOB
CORP PROGRESS
Council discussed a letter from Chairman Robert Orth of the Ramsey
County Board, which was written in reponse to the City's letter
objecting to the establishment of a Minnesota Metropolitan Regional
Rail Authority. Chairman Orth assured that they would not be creating
LETTER FROM
ORTH REGARDING
RAIL AUTHORIT'
MINUTES
REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1982
PAGE 5
another level of government and the unit will not be responsible to
or in any way be a part of the Metropolitan Council. Clerk Administrator
Barnes informed that he had checked the state statutes and such an organi-
zation would be permitted to levy taxes. Council again expressed object-
ion to the establishing of a rail authority. Councilmember Eggert moved,
seconded by Councilmember Larson, that the Clerk Administrator again write
Commissioner Orth and inform him that the Council is still in opposition
and refer to the statute permitting taxation.'Motion carried unanimously.
,G ~ci
RAIL AUTHORIT
(cont.)
Mayor Warkentien announced that the Annual Conference on Natural Disaster- ANNUAL CON-
will be held on March, 5, 1982 and inquired as to whether any Council- FERENCE ON
members would like to attend. Since the conference relates primarily to NATURAL
flooding from snow run off Council did not feel it necessary to attend. DISASTER
Councilmember Cieraia reported on the hearing on the proposed State
Fair Bill which is being considered by the legislature. The bill, if
approved would affect Falcon Heights in two ways (1) by repealing the
statute requiring that the State Fair negotiate with Falcon Heights on
costs incurred by the Fair and (2) detaching the Fairgrounds from any
political subdivision. Councilmember Ciernia thought the group generally
was of the opinion that there are no grounds for the City to recieve
compensation and that dealing through the Legislature was not a proper
way to solve the problem. The House Committee had no objection to the
bill as written, however, Councilmember-Ciernia was of the opinion that
the Legislators were not aware that there are people residing on the
Fairgrounds, that the children must attend schools and that they would
have no place to vote. Councilmember Ciernia gave the following
possible alternatives to solving the problem: (1) attempt to change
the content of the legislation, (2) forget the matter, (3) attempt to
lobby for support to continue the present legislation, (4) or, as
suggested by the State Fair people, sit down and discuss any damage
caused by the Fair. Council concurred that negotiating would not be
successful. Mayor Warkentien informed that he and Councilmember
Ciernia will meet with Mike Heffron on February 25, 1982 to discuss
the matter.
Councilmember Larson expressed concern regarding the detachment
and felt the City should pursue the matter. Following the discussion
it was decided that Mayor Warkentien and Councilmember Ciernia should
meet with Mike Heffron and report back to Council, and that Clerk
Administrator Barnes and any Councilmembers who know legislators,
contact legislators and make them aware of the ramifications of the
detachment, such as schools, voting, sewer, water, etc.
Mayor Warkentien informed Council that he had written a letter to the
chairperson of the School Board regarding the reasons the City had not
taken a stand on the proposed closing of Falcon Heights School. Both
Councilmembers Eggert, _Chestovich and Ciernia stated they had written
to Superintendent Neilsen to attempt to stop rumors that the City was
interested in purchasing the school property for a City Hall. Both
stressed the fact that the residents in the school area are concerned
about possible future use of the building if it is closed.
STATE FAIR
BILL UPDATE
SCHOOL CLOSI?
DISCUSSION
Councilmember Chestovich inquired as to whether there is any possibility
1
MINUTES
REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1982
PAGE 6
,G e~
that the city would be interested in that property for any reason and SCHOOL CLOSIN
Mayor Warkentien and Councilmember Larson both replied in the negative. (cont.)
Mayor Warkentien stated he felt any discussion of the city using the
school after it closes is very negative as it makes people think the
city assumes the school is going to close.
Mayor Warkentien read a letter of resignation from Casper Hanson, 1791 C. HANSON RE-
Albert,(Human Rights)""due to a conflict with a previous commitment. SIGNATION
(HUMAN RIGHTS)
Clerk Administrator Barnes presented a request from Fire Cheif Renchin
to renter into a mutual aid agreement with Health Central due to the RENCHIN TO
fact that Ramsey County will no longer have an ambulance service tQ NEGOTIATE
provide back-up to Falcon Heights. Councilmember Larson moved, seconded MUTUAL AID
by Councilmember Eggert, that Chief Renchin be authorized to negotiate WITH HEALTH
a mutual aid agreement with Health Centeral. Motion carried unanimously. CENTRAL
Councilmember Eggert stated he has had several persons inquire as to "OFF SALE"
why the sign on the Municipal Liquor .Store does not indicate "off SIGN TO BE
sale", when the appearance of the building gives the impression of PLACED ON
being a lounge. Following a short disuussion Councilmember Eggert LIQUOR STORE
moved, seconded by Mayor Warkentien, that a sign, reasonably large
and visible from the street, be placed on the Liquor Store indicat-
ing "off sale". Motion carried unanimously.
Councilmember Ciernia requested that the ERA item be tabled until ERA DEFERRED
March 24, 1982 in order that he will have an opportunity to obtain TO 3/24/82
some back-up material.
Councilmember Larson commented on the fact that Council had previous- NO MORE "ADD
ly passed a motion to handle only items listed on the agenda in order ONS" TO
that Council would ample time to consider each item. It was agreed COUNCIL AGENI
that occassionaly there are emergencies and in those instances immediate
action is needed, however many of the "add on" items could wait for
a later meeting. Following a discussion Councilmember Larson moved,
seconded by Mayor Warkentien, that there be no more "add-ons" to the
agenda except in extreme emergency situations. Upon a vote being
taken the following voted in favor thereof: Mayor Warkentien, Council-
members Larson, Ciernia, and Chesotovich, and the following voted
against the same: Councilmember Eggert. Motion carried.
Councilmember Larson moved, seconded by Councilmember Ciernia, that ADJOURNMENT
the meeting be adjourned at 10:30 p.m. Notion carried unanimously.
/;
C ~,~ ~z- ~ . ~ '~i C~, ~.~-~ .,~_,
Willis C. A. Warkentien, Mayor
Attest:
/~ '~ ~
Dewan B. Barnes, Clerk Administrator
Regular City Council Meeting of February 24, 1982