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HomeMy WebLinkAboutCCMin_82Apr28MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1982 I~ A regular meeting of the Falcon Heights City Council was called to order at 7:30 p.m. by Mayor Warkentien. Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. PRESENT Also present were Clerk Administrator Barnes, Attorney Swanson and Engineer Lemberg. None. ABSENT Councilmember Larson moved, seconded by Councilmember Eggert, that the CONSENT Consent Agenda be approved as presented. Motion carried unanimously. AGENDA APPROVID 1. Lauderdale Rescue Reports ~~LR-00382 and 4~LR-00482 2. Falcon Heights Rescue Reports ~~'R-02482 - 46R-02882 3. Fire Reports ~F-00882 and ~~F-00982 4. General Payroll 4/1/82 - 5/15/82 $ 5,333.49 5. Liquor Payroll 4/1/82 - 5/15/82 $ 2,731.06 6. General Disbursements 4/15/82 - 4/28/82 $99,203.90 7. Liquor Disbursements 4/13/82 - 4/26/82 $ 8,654.78 8. Planning Commission Minutes of February 1, 1982 9. Planning Commission Minutes of March 1, 1982 10. Liquor-Store Financial Report, March, 1982 11. Licenses: Master Gas Installer's License ~E412 II~_ Custom Heating, Inc. 2519 Jackson St. N.E. Minneapolis, MN 55418 General Corporate License X6806 Hagen Tree Service 860 Jessie St. Paul, MN 55101 Councilmember Chestovich moved, seconded by Councilmember Larson, that the MINUTES OF Minutes of April. 14, 1982 be approved as presented. Upon a~.vote being APRIL 14, 19f taken the following voted in favor thereof: Mayor Warkentien, Council- APPROVID members Larson, Ciernia and Chestovich, and the following voted against the same: None. Councilmember Eggert abstained. Motion carried. Mayor Warkentien presented a request from Flower City, 1555 W. Larpenteur, to put bedding plants in the parking lot on the south side of their build- ing. Following a short discussion Councilmember Larson moved, seconded by Councilmember Eggert, that the request be approved with the stipulation that the are be cleaned up by June 15, 1982. Councilmember Chestovich commented on the fact that the bedding plants were already on display before approval and suggested that in the future, Flower City make the request in time to obtain approval before displaying. Upon a vote being taken the motion carried unanimously. Mayor Warkentien presented a request from American Shelter Corporation to have the City install sewer, water and streets in Bernwood Addition X61. Council discussed the financing procedure, bonding and assessing the bene- FLOWER CITY TO DISPLAY BEDDING PLANT ON SOUTH SIDF OF BUILDING 1 MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1982 PA GE 2 fitting property owners. Councilmember Eggert inquired as to whether or not the City needed a legal agreement at this time for the potential closing of Prior to the north and was informed by Mayor lh"arkentien that one Council cannot bind another Council and that Council has the authority to vacate at any time. Councilmember Chestovich asked why American Shelter cannot install the improvements follow-~ng the. City require- ments and was informed by Mayor Warkentien that since the streets and sewers belong to the City, it is proper that the City do the construct- ion and get the job done as desired. Attorney Swanson advised that if the petition for improvements is under Chapter 1129, the City should get an authorization from the fee owners or a copy of the instrument that gives American Shelter the authority to file a petition on behalf of the owners. Council concurred that the Engineer should be authorized to prepare the plans and specifications only if the City obtains the requested written agreement from the bank which is executor of the estate, and from whom American Shelter is making the purchase. Councilmember Eggert felt it was not proper to enter into an agreement with a corporation which is suing the City and he was also concerned because American Shelter does not actually own the land. Mayor N!arkentien explained that by getting authorization from the bank, the bank as fee owner would be responsible. Mayor Warkentien moved, seconded by Councilmember Larson, that Resolution #82-15 be adopted. Motion carried unanimously. RESOLUTION 82-15 AUTHORIZING ENGI1vE'ERS TO PREPARE PLA1vTS AAA SPECIFICATIONS FOR SEWER, WATER AND STREETS FOR RUGGLES AND PRIOR STREETS IN BERNWOOD ADDITION ail Mayor R'arkentien presented a request from American Shelter Corporation for a variance on side yard setbacks of the proposed plat submitted to the Planning Commission by Council at the April 11t, 1982 meeting (Bernwood Additions 2 thru 5). l~(zayor ~~arkentien moved, seconded by Councilmember Larson, that the variance reouest be referred to the Plan.-ling Commission. Councilmember Eggert moved, seconded by Councilmember Chestovich, that the motion be amended as follows: "The reference of the variance request to the Planning Commission vill be contingent upon withdrawal of the law suit". Mayor Y,'arkentien ruled that the amendment was not germane, where- upon Councilmember Eggert contested the decision. Upon a vote being taken to determine if the amendment is germane, the following voted "aye": Councilmembers Eggert and Chestovich, and the following voted "nay": Mayor Warkentien, Councilmembers Larson and Ciernia. Amendment denied. Upon a vote being taken on the motion to refer the variance re gaest to the Planning Con;nission, the following voted in favor thereof : Mayor Warkentien, Councilmsmbers Larson and Ciernia, and the following voted against the same: Coancil:~embers Eggert and Chestovich. Motion carried. ~[\ V AMERICAN SHELTER RECUESTS CITY TO IN- STALL SEV~~R~ VGATER~STREE'i IN BERNl4i00D ADDITION #1 F~'SOLUTIO?~ 8215 VARIANCE REC~UEST FROr' Ah'~RI CAN SHELTER REFEF?~ED TO PLANNING COr~'~J'ISSIOPJ I,!7NUTES REGULAR CITY COUNCIL tWETING APRIL 28, 1982 PAGE 3 Councilmember Chestovich asked if American Shelter can again propose a PUD with a different plan even though they have filed a law suit against the City for rejection of the original PUD and Attorney Swanson replied that if the City Zoning Ordinance does not stipulate a waiting period between the rejection and re-application, American Shelter may come in with. another PUJ if they so desire. 1 Councilmember Chestovich inquired regarding the status of possible access to Cleveland and Mayor ~h'arkentien stated that Greg Kittleson of the University has expressed concern over some minor problems, which can be solved, and treat the. possibility of access to Cleveland is very viable. Councilmember Ciernia inquired as to whether or not Ramsey County might veto the plan providing the University does agree to a Cleveland access and was inf ormed by the Clerk Administrator that there is a verbal agreement with the county. Councilmember Chestovich was of the opinion that there should be an agreement in writing and Clerk Administrator Barnes will request written approval. A lengthy discussion was held regarding the condition of the Northome streets and possible reconstruction or repair. The following items were considered: (1) repair Albert and Pascal at a cost of $31,000 and assess the benefitting property owners (a temporary solution), (2) completely reconstruct Pascal and Albert (including storm sewer) and assess the benefitting property owners, (3) attempt to fund the re- construction through a cityvide revenue generating process, (1~) re- construct Albert and Pascal without the storm sewer and installing drain troughs at intersections, and (5) assess a portion of the cost v~~th the City paying a portion of the cost. Mayor v'~arkentien stated that he felt there should be some kind of an answer and, therefore, moved that the project proceed as presented by the Engineer, deleting the storm sewer and installing concrete troughs at the intersections, the project to be assessed over a period of 11 years. He requested a second to the motion as he felt Council should get an answer one way or the other. Councilmember Larson seconded the motion for discussion. Fo1loKZng the discussion, Council reached the consensus that the east/west streets should be patched and rewired at this time, and that only Albert and Pascal be reconstructed deleting the storm sewer, but installing the concrete troughs at intersections for runoff water, cost to be assessed to benefitting property ov~~ers. Mayor Y~arkentien withdrew his motion and Councilmember Larson withdrew the second. Mayor ti;arkentien then moved, seconded by Councilmember Larson, that P.esolution 82-16 be adopted authorizing the improvement of Pascal and Albert, Hoyt to Larc~enteur, deleting the storm sewer, adding the installation of concrete troughs at intersections, the cost to be assessed over an 11 year period. ~;~ction carried unanimously. c~ tf CLEVELAr D AVENUE UPDATE 2tORTHO'"' STREETS DISCUSSIOr1 L~INUTES P~EGULPR CITY COUNCIL b~ETING APRIL 28, 1982 PAGE !t RESOLUTION 82-16 A RESOLUTION AUTHORIZING THE IMPROVE?,'ANT OF PASCAL Ah~ ALBERT STREETS BETI~,'EEN ~~,'. HOYT AVENUE Are LARPE?dTEUR AV~r?UE Mayor Vdarkentien moved, seconded by Councilmem?~er Eggert, that Resolution 82-17 be adopted. A4otion carried unanimously. RESOLUTION 82-17 A RESOLUTION AUTHORIZING THE,' ENGII~~~ER TO PREPARE PLANS AND SPECIFICATIGNS FOR THE IMPROVEA~?vT OF PASCAL A?d~ ALBERT STREETS BETj",~Ep; V~ . HOYT AND LARpENTEUR AVENtTES A letter from ?+Gike Heffron of the State Fairgrounds was noted. Council- member Ciernia drew attention t o the fact that the State Fair is interested in investigating cooperative efforts to improve the quality of life in the community, for instance, the possibility of a community leaf mulching program on the Fairgrounds. s.. t: t9 P~ESOLfTIO?J 82-16 P~ESOLUTIO?J 82-17 STATE FAIR t~?'DATE Councilmember Larson and Clerk Administrator Barnes presented recommend- LICENSE & ations for proposed incr eases in license and permit fees as present fees Pi1R.n!IT F:~E do not cover the expense of preparing and issuing li censes and permits. INCREASES Following a discussion, Councilmember Larson moved, seconded by Council- member Chestovich, that Resolution 82-18 be adoA_ted. Motion carried unanimously. RESOLUTION 82-18 A RESOLUTI~'d EST.ABLISHI~G INCREAS~,D LICE?~SE A?~,J P~'R'~T FE~~ FOR THE CITY 0' FALCOPd HEIGHTS Council held a short discussion on the diseased tree removal program nova that the State of l.:innesota will not share in removal costs. Since X35,000 was budgeted for this purpose, Council concurred that the tree removal policy should remain as it has been in the past with careful monitoring of expenditures. Mayor ~4arkentien informed that he and the Clerk Administrator had met with the President, Vice-President, and Attorney for the Farmers Union Grain Terminal Association and GTA has offered a purchase agreement far purchase of the present City Hall site at a price of X225,000. ?:~ayor Yrarkentien moved, seconded by Councilmember Larson, :.hat the matter be referred t o the City Attorney for review, and that the Mayor and Clerk Administrator be authorized to execute the purchase agreement if the Attorney determines it is in order. Motion carried unanimously. The Prosecuting-, Attorney's Report for the 1st Quarter of 1982 was noted. R ~SOLL TI0? 82-18 DISEASED ~^E REy`OVAL °OLICY ESTABLISH=ED FOR 1982 GTA TO PUR C'?A SE ?RESEP; T CITY HALL SITE FOR X225,000 PROSaCUTORS REPORT ?dO~L MINUTEs REGULAR CITY COUNCIL NLETING APP~IL 28, 1982 PAGE 5 Councilrnember Ciernia stated he had done some research on park dedication due to the fact that in platting the twelve single family homes south of Falcon Woods no park dedication was required by Council even though Ordinance #61t stipulates that play areas can be required. He felt both Ordinances 6!~ and 69 are vague on the park dedication matter and the new zoning ordinance being considered indicates there would be a 5100.00 per unit park dedication, the amount to be collected at the time the building permit is issued and placed in the general park fund. He, personally, felt that some general guidelines should be available to assist the Manning Commission in considering park dedication. Council- member Larson commented on the fact that Planner Dale also recommends the City consider open space. Councilmember Chestovich indicated a pre- ference for land dedication rather than cash and Councilmember Ciernia felt that with existing park near the area to be developed, he would prefer a cash dedication in order that the funds could be used to improve the existing nark and playgrounds in the city. Councilmember Eggert also preferred land rather than cash, however, felt it was a decision to be made by the Planning Commission. Councilmember Ciernia felt that if he were a Planning Commission Member, he would have a difficult time making a decision regarding park dedication mile using the existing ordinances. Councilmember Larson was directed to infcrm the Dlanning Commission of the discussion. u Councilmember Ciernia requested that the Nuclear Freeze Endorsement matter be tabled until the next meeting and Council concurred. Mayor V~arkentien commented on his previous conversation with Paul Borg of the School District regarding the possibility that the Falcon Heights School Playground equipment would be moved to Little Canada, and itifr. Borg assured it was untrue. However, just prior to the Council N~eeting, Mayor ltiarkentien received a call from a person stating that she had definite information that a list had been prepared showing the equipment to be disposed of and that included the recreational equipment. Since the playground equipment was purchased by the PTA (51,500 paid by the PTA and 5500 by the City) Councilmember Chestovich questioned whether or not the School District has the right to dispose of the equipment. Mayor x"arkentien agreed t o call Paul Borg to determine whether or not the rumor is true and will write a letter to Lloyd Arielser~, District Superintendent, requesting permission to use the playground on a small fee basis until such time as they have another use for it. ?''~ t- ~,r ~ ?'tiRK DEDICATION DISCUSSION ? v CLEAR ~"KEEZE TABLED PALCOT ~-=IGHTS S CL OOL PLAYGROUND L~DATF Councilmember Ciernia moved, seconded by ~iayor Warkentien, that a letter CONTRATL'L- be written to newly elected Councilman Fletcher, Ward Lt, St. Paul, ATORY LETTEF congratulating him. Upon a vote being taken, the following voted in TO COUNCIL- favor thereof : Mayor ~+arkentien, Councilmembers Eggert, Larson and ~~-,~EF~ Ciernia, and the following voted against the same: Councilmember F•~.ETCHE_R OF Chestovich. Motion carried. ST. PALiL MINUTES RFGULl:R CITY COUNCIL Mr,LTING AT'RIL 28, 1982 PAGE 6 ~ Council noted Carl Dale's comments dated April 23, 1982 regarding development of the Rose Hill Nursery property. Councilmember Larson moved, seconded by Councilmember Chestovich, that the meeting be adjourned at 10:lt5 P.?b. Motion carried unanimously. ` ,-- ,~ ~ ~ ~ ~ ~. G~ ~.~~E?~.-~ ~- LIZ ~, G~ _.~ ~~t_.-- 1. is ar en ien, ~~ayor Attest: 1 7 ~~?~ Dewan B. Barnes, Cler Administrator Regular City Council Meeting of April 28, 1982 Yi + t.: ~ CARL DALE'S CO~,R~.~NTS NOTED ADJOURI~~~'~NT