Loading...
HomeMy WebLinkAboutCCMin_82Apr14_Min/Public_HearingMINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 '~ A regular meeting/public hearing of the Falcon Heights City Council was called to order at~7:00 p.m. by Mayor Warkentien. Mayor Warkentien, Councilmembers Larson, Ciernia and Chestovich. Also PRESENT present were Clerk Administrator Barnes and Attorney Swanson. Councilmember Eggert. ABSENT Mayor Warkentien opened the public hearing on the Bernwood 4~1 Plat, and PUBLIC HEAR- presented the Affidavit of Publication and the Request for Platting. ING ON Walter Northrup, 1942 Summer, representating the Tatum/Falcon Woods Task BERNWOOD ~tl Force, made several comments as follows: The Task Force's concerns are PLAT centered, primarily, around the access for the plat (opening Prior to the north). The group feels that proper development of the land could WALTER best be done by seeing a layout of the entire area as only in that way NORTHRUP can proper access routes be addressed. Mr. Northrup cited that several 1942 SUMMER areas of precedence have been set in previous discussions and proposals regarding the total development of the property, i.e. Planning Commission Resolution 82-2 approved that plan only with access other than through Prior and Tatum, City Planner Carl Dale, on March 29, recommended the City retain control of the closing of Prior when and if future develop- went should occur and that an over all plan for the property should be used under 14.6, PUD, or some other ordinance prior to approval and that variances should not be allowed just on parcels because it gives the City no view of the entire development, and Engineer Brad Lemberg, on March 29, noted that negotiations for a Cleveland access are in the final stages of approval and that it was not in the best interest of the City to change these accesses if the Cleveland access is close to being approved. Mr. Northrup stated that the Task Force was of the opinion that it is incon- sistent, at this time, to allow the access to Prior on this one parcel of land when all are aware that with the total development of the property other accesses have been agreed upon and should be provided for. Mr. Northrup then questioned Attorney Swanson as to whether or not a NORTHRUP/ proposal by a developer who has a suit against the City is in order. SWANSON Attorney Swanson stated that there is no provision that would deny the right to plat the parcel at this time not withstanding the law suit. Whether or not it has an effect on the law suit is another question. Mayor Warkentien stated that the plat was originally for .14 lots but MAYOR was cut back to 12 to give the 10,000 square foot lots. The single WARKENTIEN residences were a part of the proposal which is now in court and if the court decides in favor of the developer then the lots will be in place and the remainder could proceed. He explained that Prior must be opened for the time being for construction purposes, but, he, personally was not adverse to eventually following the original plan to chain off Prior and allow only emergency vehicles to use it. But, at this time there is no alternative bum to allow the developer Lo open it, which does not forbid the City from, at a later date, prohibiting it to keep it from being a permanent access. He reminded those in attendance that following a 3 hour meeting, at which all interested parties were heard, in spite of the fact that it was not a public hearing, the Planning Commission voted 8-0 to approve the plat. Mayor Warkentien explained that on this date he had a long conversation MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 PAGE 2 ~~ with Clinton Hewitt of the University of Minnesota regarding the possible CLEVELAND purchase of land for a Cleveland access. Mr. Hewitt informed'that a ACCESS matter of this kind would not go to the Board of Regents, but it has been UPDATE referred to the Plot Committee for review. Mayor Warkentien felt much encouraged and hoped to have something final in a week or two. Councilmember Chestovich was concerned that with the Cleveland access COUNCIT,MEM~E the City would 1oo'se some park area, and since Ordinance ~~69 does allow CHESTOVICH the City to ask fo,~ park land dedication, she felt that the City might want to consider a'ksing for park dedication. Councilmember Chestovich also inquired as to how the approval of the CHESTOVICH/ platting might affect the law suit. Attorney Swanson replied he did SWANSON not feel it would affect the law suit due to the fact that the Bernwood Addition 4~1 conforms to the PUD on which they were seeking approval. Councilmember Chestovich commented on the fact that the Zoning Ordinance requires lots in an R-1 district to be 75' wide and 90' wide for corner lots and she had noted that the five lots on the west side of the plat are 75' wide on the south and 70' on the north. She inquired as to whether or not that conformed to the R-1 Zoning. Attorney Swanson replied that the 75' requirement does apply to the width of the whole lot but when streets are curved it is difficult to accomodate that 75' width uniformly. Council,~-ember Chestovich stated that it could be ,accomplished if ther~~~~ of lots were decreased and' the Attorney agreed. Attorney Swanson explained that if Council approves this addition they would waive that 75' requirement. The plat as presented would also require a variance on the cul-de-sac for the lots on the east side be- cause those lots do not have the required frontage, but, obviously, you cannot require that kind of frontage on a cul-de-sac. He then explained that if Council is approving this plat it would also be approving those variances at the same time.. Councilmember Chestovich wanted to know if this applied even though the developer has not re- quested a variance and Attorney Swanson replied that, in effect, they are requesting it with this platting. Councilmember Larson stated that under 14.6 of Ordinance 64 permits the COUNCILMEMBF~ developer to do what has been done. If the plat is approved it will be CARSON inconformance except for individual lot area, lot width, and yard re- quirements which may be adjusted to fit the development. Councilmember Ciernia inquired of Harold Westin as to how reversible COUNCILMEMBER the street would be if the Cleveland access becomes viable and what CIERNIA/ would be involved in reversing the street to make it in conformance HAROLD WESTIN with the original plan presented with the PUD. Mr. Westin stated that he felt the plans for the remainder of the property would be in before the street is constructed, and, hopefully, the decision on the Cleveland access will be made. They would then build as originally proposed, a hard surface covered with grass, to be used for emergency vehicles only. Councilmember Chestovich asked if American Shelter would be responsible CHESTOVICH/ for the reversing and Mr. Westin assured they would. WESTIN MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 PAGE 3 Councilmember Larson moved, seconded by Councilmember Ciernia, that Resolution 82-13 be -adopted approving the Bernwood Addition ~~1. RESOLUTION 82-13 RESOLUTION 82-13 A RESOLUTION APPROVING FINAL PLAT OF BERNWOOD ADDITION'N0. 1 Before voting Councilmember Chestovich wanted assurance that the total square footage is satisfactory according to 14.6 of Ordinance 464 and asked if there was any discussion regarding park dedication. Attorney Swanson replied that the square footage is all right per lot and the only thing that may be at variance with the Platting Ordinance is the full width of the lots and frontage requirements in the cul-de-sac. The effect of approving the resolution would be to approve those lots as presented and to the extent that they are different than required you would grant the variance (if you want to call it that) from the Platting Ordinance. He informed that the dedication of park land is something for Council to consider. Mayor Warkentien asked if he was correct in his understanding that a separate variance is not needed and Attorney Swanson replied that approval of the plat as presented would approve all the dimensions as they are set forth in the Bernwood Addition ~~1. Upon a vote being taken Resolution 82-13 was approved unanimously. Walter Northrup reiterated that Mr. Dale`s comment that the plat NORTHRUP/ is not in the best interest of the City should be taken into account WARKENTIEN/ and that the City should retain some kind of control over the future SWANSON closing of Prior Avenue by having the attorneys write an easement to close off the street,~if and when, the remainder of the property is developed. Mayor Warkentien stated that,technically, it has always been a public street and that the size has been cut down considerably from the early plans. Attorney Swanson stressed the fact that Council at a future date, has the option to close off that section by vacating the street. Karen Northrup, 1942 Summer, inquired as to whether or not Council KAREN NORTHIdJF intended to ask for park dedication on the first plat, to which all 1942 SUMMER replied in the negative. Mayor Warkentien closed the public Hearing at 7:37 p.m. PUBLIC HEAR-+ ING CLOSED Councilmember Larson moved, seconded by Councilmember Chestovich, that CONSENT the Consent Agenda be approved as presented. Motion carried unanimously. AGENDA APPROVED 1. Lauderdale Fire Reports ~~L-02482 and ~~L-02582 2. Fire Report ~~F-00782 3. Rescue Reports 4~R-02282 and l~R-02382 4. General Payroll 3/16/82 -3/31/82 $ 5,144.55 5. Liquor Payroll 3/16/83 - 3/31/82 $ 3,456.68 6. General Disbursements 3/25/82 - 4/14/82 $32.459.51 7. Liquor Disbursements 3/23/82 - 4/14/82 $30,698.85 MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING (~ APRIL 14, 1982 PAGE 4 8. Recreation Advisory Committee Minutes of February 9, 1982 CONSENT 9. Recreation Advisory Committee Minutes of March 18, 1982 AGENDA 10. General Corporate License 1805 (cont.) Coca-Cola Bottling, Midwest, Inc. (Vending Machine at GTA) P.0. Box 43268 St. Paul, MN 55164 Councilmember Larson moved, seconded by Councilmember Ciernia, that the MINUTES OF Minutes of March 10, 1982 be approved as corrected. Motion carried 3/10/82 unanimously. APPROVED Councilmember Larson moved, seconded by Councilmember Ciernia, that the MINUTES OF Minutes of March 24, 1982 be approved as presented. Motion carried 3/24/82 unanimously. APPROVED Councilmember Larson moved, seconded by Mayor Warkentien, that Jerry JERRY RENCHI6 Renchin be appointed Fire Chief for a 3 year term effective May 1, 1982 APPOINTED as recommended by the Fire Department. FIRE CHIEF Councilmember Larson moved, seconded by Councilmember Chestovich, that LINDIG & Leo Lindig and Don Pantzar be appointed Assistant Fire Chiefs for 3 PANTZAR year terms effective May 1, 1982 as recommended by the Fire Department. APPOINTED Motion carried unanimously. ASS''T. CHIEFS Mayor. Warkentien moved, seconded by Councilmember Larson, that the Clerk Administrator be authorized to make a payment of $54,463.50 ESTIMATE 4~1 to Westlund Construction Company as partial payment (Estimate #1) PARTIAL PAY- ' for the City Hall construction. Motion carried unanimously. M ENT TO WESTLUND CONSTRUCTION Mayor Warkentien moved, seconded by Councilmember Larson, that Resolution 82-14 be adopted to legalize the witholding of contro- verted payments to Metro Waste Control Commission. Motion carried unanimously. RESOLUTION 82-14 RESOLUTION 82-14 A RESOLUTION AUTHORIZING WITHHOLDING AND ESCROW- ING OF CONTROVERTED"PAYMENTS TO METROPOLITAN WASTE CONTROL COMMISSION Councilmember Larson presented a request from the Fire Department for permission to dispose of 20 fire helmets, 23 fire coats, 1 pair of boots, 5 spanner belts and 3 MSA Chem-Ox Masks (would like to give them to any firefighters who wish to have them). None of the equipment meets OSHA standards and cannot be used by the Depart- ment. Following a short discussion Councilmember Larson moved, seconded by Councilmember Chestovich, that the request be granted. Motion carried unanimously. DISPOSITION OF SALVAGE- ABLE EQUIP- MENT BY FIRE DEPT. APPROVED Councilmember Larson moved, seconded by Councilmember Chestovich, that CONTRACT the Mayor and Clerk Administrator be authorized to enter into an agree-, WITH EHLERS ment with Ehlers-and Associates, Inc. for independent financial consult- & ASSOC. ing sere=ices. Motion carried unanimously. APPROVED MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 PAGE 5 Clerk Administrator Barnes requested authorization to request permission from Ramsey County to ma~e median cuts in Larpenteur Avenue for Prior Avenue and the new City Hall entrance. Some discussion was held regard- ing the cost of having the cuts made and Clerk Administrator Barnes stated that unless costs have increased greatly, he felt it would not cost much more than $1,000.00. Mayor Warkentien moved, seconded by Councilmember Ciernia, that the Clerk Administrator be authorized to request that the County make median cuts for the southerly extension of Prior and for the entrance to the new City Hall. Motion carried unanimously. Councilmember Ciernia stated he felt the position of liaison to the Route Ridership Program is obsolete as there has been no correspondence since 1974. The program apparently was a one time program when a study was made to improve ridership in Ramsey County. Since he is a bus rider Councilmember Ciernia indicated a willingness to take over as liaison to Metro Transit Commission if Councilmember Chestovich is not interested. Assistant Fire`Chief Don Pantzar was in attendance to explain the reason for the Department purchasing the used rescue truck. He informed that the price of $500.00 is very reasonable, and that upon delivery of the truck it will be utilized to transport rescue equipment to eliminate the need for brining two fire trucks to the scene. Clerk Administrator Barnes informed that the cost of insuring the vehicle will be $303.00 per year. Assistant Chief Pantzar informed Council that the Fire Department is disbanding the Explorer Scouts due to lack on interest on the part of the Scouts, however, they might 're-group at a later date. Due to the School Board decision to close Falcon Heights School, Council- member Ciernia was of the opinion that it might be wise to appoint a Council Liaison to the School Board in order that the City could keep informed. Mayor Warkentien informed that he had already talked to Paul Borg regarding the possibility of the City using the playground at the school with the City maintaining the equipment and mowing the grass. Mr. Borg indicated that the School District°ntended to lease the school property, not-sell it, and that so long as the school remains as it is there should be no reason the City could not use the playground area. Mayor Warkentien felt that there should be a formal agreement on the matter and has made arrangements to meet with Mr. Borg on April 20. Any Councilmembers who would like to attend the meeting were urged to do so. Councilmember Chestovich questioned the request to use the playground equipment due to the fact that when the PTA approached the City for a contribution for the equipment it was refused. She also mentioned that on March 10th she moved adoption of a resolution to support the PTA°s efforts to keep the school open and it was defeated. Council- member Chestovich felt that if dealing with the property issue it should be handled administratively instead of a Council Liaison and suggested developing a committee of citizen observers to attend the meetings and report back,. If any matters observed are critical to the City, Council could request agenda time at the School Board Meet- ing to address the matter. Mayor Warkentien was of the opinion that ~~ COUNTY WILL BE REQUESTED TO MAKE MEDIAN CUTS AT PRIOR & AT NEW CITY HALL ENTRANCE ROUTE RIDERSHIP PROGRAM FIRE DEPT. PURCHASES USED RESCUE TRUCK EXPLORER SCOUTS DISBANDED SCHOOL CI.OS ING DISCUSSION 1 MINUTES REGULAR CITY COUNCIL APRIL 14, 1982 PAGE 6 MEETING/PUBLIC HEARING he"should be involved at this time while negotiating for use of the land. Councilmember Larson informed that the City had contributed $500.00 toward one portion of the playground equipment but had not felt that the City could donate an additional $500.00 at the time of the second request. Council discussed the idea of a committee of citizens to serve as observers at the School Board Meetings. Councilmember Chestovich made the suggestion that if such a committee is developed people should be selected from each area of the City and Mayor Warkentien (following a discussion on boundaries of the Falcon Heights School area)suggested that Councilmembers Ciernia and Chestovich do research on determining exactly where the boundaries are located. Council- member Ciernia agreed that citizen observers would be helpful but he strongly felt that a Council Liaison should be appointed in order that there would be a person at the meetings who could speak, if necessary. The matter was deferred to the April 28, 1982 meeting in order that Councilmember Eggert might have input. Councilmember Larson again addressed the matter of studying possible increases in license fees. Due to the fact that the licensing pro- cedure is about to begin for the 1982-1983 period she requested recommendations on changes in the fees be considered and acted upon before the end of April. She explained that in many instances the fees do not cover the cost of issuing the license and all felt that the City was entitled to Charge enough to cover costs. She commented on the survey made to obtain charges made by other communities and which had been presented to Council previously. Councilmember Larson requested that all Councilmembers and the Clerk Administrator make recommendations, and that the matter be placed on the agenda for April 28, at which time the matter will be finalized. SCHOOL CLOSING (cont.) LICENSE FEE DISCUSSION Mayor'Warkentien presented a survey of other suburban communities in MILEAGE RATE the area regarding the mileage paid to employees for use of their INCREASED TO private vehicles on City business. Following a discussion Council- 20~ PER member Larson moved, seconded by Mayor Warkentien, that the mileage MILE rates for the City of Falcon Heights be increased from 19~ to 20~ per mile effective May 1, 1982. Motion carried unanimously. Mayor Warkentien requested that the Clerk Administrator be authorized to order the City Engineer to prepare preliminary plans and specificat- ions for Prior Avenue north from Larpenteur 725 feet (including utilities) for access to the new City Hall, and Prior north to provide utilities and access to the new development south of Falcon Woods. In reply to a question from several citizens regarding the funding of the projects Clerk Administrator Barnes informed that the costs will be assessed to benefitting properties only. Mayor Warkentien moved, seconded by Council- member Larson, that the firm of Bonestroo, Rosene, Anderlik and Associates be authorized to prepare plans and specifications for sewer and water on the north end stub of Prior down to Ruggles and at the south end for a distance of 725 north of Larpenteur to include water, sanitary sewer, and a dry sewer pipe to connect to any future storm drainage system. Motion carried unanimously. ENGINEERING FIRM TO PREPARE PLANS AND SPECS FOR PRIOR AVE. MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 PAGE 7 Mayor Warkentien requested that the Mayor and Clerk Administrator be authorized to line up 1 or 2 engineering firms to make a feasibility study of the proposed Falcon Heights/University of Minnesota Storm Sewer. He explained that he and the Clerk Administrator had met with engineers from the University of Minnesota, who presented maps showing the size and locations of storm sewers on Gortner and on Folwell and discussed the possibility of the City connecting to those existing storm sewers on University property. The University representatives suggested a study be done to determine whether or not the University system is adequate to handle storm water from the entire northwest quadrant or only a portion of the area. Mayor Warkentien explained the reasons for requesting a second engineer- ing firm. In 1974 the City°s Engineering Firm, Bonestroo, Rosene, Anderlik and Associates, made a proposal for a storm sewer which would come across from the ponding area on the east side of Tatum, down Larpenteur to the present City Hall, through the Fairgrounds, and on to the Commonwealth Terrace sump area. The plan discussed with Howard Heck, University of Minnesota Engineer, would go west on Larpenteur to Cleveland, down Cleveland to the south and connect to the stub end of the Folwell drainage pipe. He felt it important not to proceed with only the one plan, but to check into the alternate plan which might be less expensive. For that reason Mayor Warkentien suggested that a second study by an independent firm, which would not be prejudiced, to a degree, by a previous study, would be appropriate. Councilmember Larson moved, seconded by Councilmember Ciernia, that the Mayor and Clerk Administrator be authorized to seek out 1 or 2 more engineering firms, interview them, and present the information to Council for a decision. Motion carried unanimously. Council reviewed remarks made by George M. Hansen Co. in the letter of March 26, 1982 on the 1981: audit. Clerk Administrator Barnes assured- that the suggestions made have-been :implemented when feasible. Mayor Warkentien read the Northwest Suburban Youth Service Bureau Summary of 1981 services and Financial Report for 1981. The status report on billing a payment for ambulance services was noted. Councilmember Ciernia reported that he had met with the State Fair people last week and they are in agreement with his letter regarding Fire and Rescue protocol. The State Fair will make a proposal to the City regarding maintenance and repair of the "No Parking" signs which are installed at Fair time, and Councilmember Ciernia felt there has been some progress in thenegotiations He related that the Fair still intends to process their beer and cigarette licenses through the City, and that the bill detaching the Fairgrounds will not affect that. Council discussed the portion of the State Fair bill (Section 37.21) prohibiting liquor within one-half mile of the Fairgrounds and con- cern over the effect on the Municipal Liquor Store and establishments within Falcon Heights now licensed to sell liquor. Attorney Swanson .- t~ 1~ POSSIBLE UNIVERSITY OF MN/FALCON HEIGHTS STORM SEWER TO BE STUDIED GEO. M.HANSEN REPORT YOUTH SERVICE BUREAU ANNUAL REPORT AMBULANCE REPORT NOTED STATE FAIR NEGOTIATIONS STATE FAIR BILL DISCUSSION MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 14, 1982 PAGE 8 recommended that the City request an amendment to Section 37.21 as a precautionary measure, even though the intent of the bill was not to affect the licensed or governmental sale of liquor in the City, John Labal'estra of the Lido Cafe, was in attendance to express his concern regarding the bill and was urged to contact his legislators on the matter. Councilmember Chestovich requested that a copy of the bill be sent to each establishment which may be affected and urge that they lobby their legislators to amend the bill. Council directed Attorney Swanson to draft an amendment to Section 37.21 which will then be presented to the legislators and a copy sent to each establishment concerned. Council noted a letter from Metro Council dated April 5, 1982 approving the St. Paul Comprehnsive Plan with recommendations. Clerk Administrator Barnes drew attention to the fact that Metro Council has asked St. Paul to address the sewer problem. Council noted the letter from the Association of Metropolitan Muni- cipalities of March 23, 1982 which provided a legislative survey of items of interest to cities. Two items pertinent to Falcon Heights were (1) Item 9, manufactured housing (mobile homes) built after 1976 according to HUD standards cannot be totally prohibited 'through local zoning ordinances, and (2) Item 11, a Watershed Management Organization must be established by December 31, 1983 or a joint powers agreement for every watershed wholly contained in the metro- politan area. l STATE FAIR (conE.) ST. PAUL COMPREHENSIVE PLAN APPROVED BY METRO COUNCIL AMM LETTER OF 3/23/82 NOTED Clerk Administrator Barnes informed that the recent. Ramsey County COUNTY FIVE Five Year Street Improvement Program suggests the improvement of YEAR STREET Hamline Avenue from Hoyt to Larpenteur in 1983 with costs to be shared PROGRAM by the County ($100,000), St. Paul ($100,000) and Falcon Heights ($100,000).REVIEWED Council felt that any improvement of Hamline should be coordinated with possible improvements of the Northome streets. The County is also anticipating the upgrading of Roselawn Avenue, Snelling to Hamline, possibly, in 1985. Council requested that Clerk Administrator Barnes contact the County Engineer regarding the Hamline Avenue project. Councilmember Larson moved, seconded by Mayor Warkentien, that the second preliminary plat received from American Shelter Corporation be referred to the Planning Commission for evaluation and recommend- ations. Motion carried unanimously. Regular City Council Meeting/Public Hearing of April 14, 1982 2ND AMERICAN SHELTER PLAT REFERRED TO PLANNING COMMISSION Councilmember Larson moved, seconded by Councilmember Ciernia, that the meeting be adjourned at 9:58 p.m. Motion carried unanimously. ADJOURNMENT ,~ ~ ~?'~. Willis C. A. Warkentien, Mayor Attest~~ ~~ G,yL~~~.~-~~ Dewan B. Barnes, Clerk Administrator