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HomeMy WebLinkAboutCCMin_82Sep22.ti`s ~~~INIJTES REGULAR CITY COUNCIL MEETING SEPTFIt2BER 22, l~$2 A regular meeting of the Falcon Heights City Council was called to order at 7:30 P.M. by Mayor bti`arkentien. ~dayor i~tarkentien, Councilmernbers Chestovich, Eggert and Larson. Also present were Clerk Administrator Barnes, Attorney Swanson and Engineer Lemberg. Councilmember Ciernia. Councilmember Eggert moved, seconded by Councilmember Larson, that the Consent Agenda be approved as presented. i~:~otion carried unanimously. 1. Fire Report #F-02082 2. Rescue Reports #R-05582 - #R-05882 3. Lauderdale Rescue Report #LR-01782 l.~. General Payroll 9/1/82 - 9/15/82 ~ 5, 607.98 5. Liquor Payroll 9/i/82 - 9/15/82 ~ 2,755.93 6. General Disbursements 9/9/82 - 9/22/82 ~ 305,371.82 Sinking Fund ~ 15,353.50 7. Liquor Disbursements 9/2/82 - 9/20/82 ~ 35,1a83.1~6 8. Planning Commission Minutes of September 13, 1982 9. Building Inspector's Report, August, 1982 10. Licenses: 1 General Corporate #893 PRESENT ABSENT CONSENT AGENDA AP~tOVED Mattress Liquidators 15?~l blest Larpenteur Falcon Heights, TAT 55113 11. Liquor Store Financial Report, August, 1982 [] Councilmember Larson moved, seconded by Councilmember Eggert, that the SEPTEMBER 8 ~~iinutes of September 8, 1982 be approved as corrected. (Showing Council- P~2INUTES member Chestovich as moving the adoption of Resolution 82--_t0.) Motion APPROVED AS carried unanimously. CORRECTED Councilmember Larson presented a variance request from Thomas McClintick, THOMAS Mc 1l~17 VJ. Idaho, to construct a garage two feet from the side lot line and CLINTICK, three feet from the alley and moved its approval. The motion was seconded 1l~17 ~iEST by Councilmember Chestovich and upon a vote being taken, carried IDAHO VARIANCE unanimously. Councilmember Larson presented a conditional use request from Hoffman HOFFMAN CORNER Corner Oil, 1350 a"lest Larpenteur, to sell pop and candy similar to the OIL, 1350 Standard Oil station at Larpenteur and Snelling. ~~4r. Lloyd Urban, owner, ll~'EST stated at the September 6th Planning Commission meeting that he intended LARPENTELR ,~. !~ e I~IIINUTES REGULAR CITY COUNCIL P,~ETING SE~'TEMBER 22, 1.982 PAGE 2 to expand his facilities. The Planning Commission approved the conditional use with the condition that any expansion plans would have to be first approved. They also expressed concern about neighborhood acceptance and a buffer would have to be established. P~Ir. Urban will be requested to attend the October 27th Council meeting. Councilmember Eggert presented for Council's review Ordinance #193 relating to the awarding of a franchise to Group W. Cable for the North Suburbs, Inc., and a proposed summary of the Ordinance. Following a discussion of the Ordinance and the summary, Councilmember Eggert moved, seconded by Mayor tiVarkentien, to adopt Ordinance #193 and direct that the Ordinance be published in summary form pursuant to law with notice applicable that a printed copy is available for inspection by any person during regular office hours at the office of the Clerk- Ad.~ninistrator and at the bulletin board within the Community Center, the summary of which as presented at this meeting the Council determines will clearly inform the vublic of the intent and effect of the Ordinance. Pdotion carried unanimously. ORDINANCE #193 AN ORDINANCE, INCLUDING ADDENDUM ti'VITH E~IIBITS, GRANTING A FRANCHISE TO GROUP titi`. CABLE OF THE NORTH SUBURBS, INC. A A4INNESOTA CORPORATIOPJ, TO 0?'ERATF APJD °tIAINTAIPI A CABLE CO.TvI%~UNICATION SYSTEP~I IN THE CITY: SETTING FORTH CONDITIOPIS ACCCP~IPANYING THE GRANT OF FRANCHISE: PROVIDING FOR F.EGULATION, AND USE Or SYSTEM: AP1D PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. Pat Kelley, 1I~02 W. Larnenteur, stated that he has requested appearance in court in protest of the X25 parking fine he received for parking in a temporary "no parking" area posted during the fair. He felt the fee was excessive as it was a temporary "no parking" area and there was no obstruction of traffic. Ivtayor ti't~arkentien and Councilmember Larson stated that the parking fines were made uniform within the county. Clerk Administrator Barnes presented suggested minimum fees for the costs of zoning and platting in Ordinance #191 (re-written) as follows: Rezoning - $75, which will take care of administration, publication costs and other related material costs; Variance and Conditional Use - X20; Subdividing - X50; Platting - X150; and PUD - x,200 plus legal, engineering and administrative costs. Councilmember Chestovich moved that the minimum fees for the costs of zoning and platting should be referred to the Planning Commission for their consideration at their October 11 meeting. The fee schedule will be discussed at the next City Council meeting on October 27. The motion was seconded by Councilmember Larson. Motion carried unanimously. ORDINANCE #193 ADOPTED GROUP W CABLE APPROVED PAT KELLEY, 1102 V9EST LARPENTEUR, PARKING FINE MINIML'~i FEES FOR ZOPdING AND PLATTING - ORDINANCE #191 1. k ~? MINUTES REGULAR CITY SEPTEMBER 22, PAGE 3 COUNCIL ?t'~ETING 1982 FIRE RECEIPTS FROM LAUDERDAL DEDICATED TO CAF ITAL OUTLAY FUND 1 Clerk Administrator Barnes questioned whether the fire receipts from Lauderdale, after the costs are deducted, should be put into the capital outlay fund. Mayor V~~arkentien moved, seconded by Council- member Chestovich, that the Clerk Administrator be authorized to establish a capital outlay fund for the fire receipts from Lauderdale after the costs are deducted. Motion carried unanimously. Mayor Warkentien opened the Budget Hearing including Revenue Sharing at 8:30 P.TVI. Clerk Administrator Barnes advised that the total budget including the debt is ~730,l~28 of which the City received local government aid in tine amount of X181,972, revenue sharing funds in the amount of X21,873, miscellaneous receipts total X91,336. Therefore, the total budget levy will be certified at ~435,21~7, which includes the X21,800 for debt. The City will remain within their levy limit. The total budget increase amounts to three percent. Councilmember Chestovich requested that the budget workshop be held earlier next year to allow more time for the Co~:ncil to look the budget over. Also, the department heads and committee chairs be invited to attend these workshops. Councilmember Eggert moved, seconded by Councilmember Chestovich, that the budget be approved. Motion carried unanimously. The &adget Hearing was closed at 8:a;~ P.P~I. RESOLUTIONd 82-l~3 A RESOLUTION ADOPTING THE 1983 BUDGET FOR THE VILLAGE OF FALCON HEIGHTS Councilmember Chestovich discussed an article that appeared in the League Magazine of September, 1982, on the Shade Tree Program. The Shade Tree Program allows residents to purchase quality trees from a nursery in Chaska at discount prices. The Clerk Administrator was directed to contact the nursery for a ptice list for review. Mayor ~~iarkentien opened the Public Hearing on Development District #1 at 9:00 P.M. Neal Johnsen, Ehlers and Associates, presented information on the plan for tax increment financing. He explained the purpose of the plan that is the first step in putting together a tax increment financing project. The plan indicates the statement of public purpose and statement of objectives, which meets the requirements of the Tax Increment Financing Act--Chapter 1t72A. Attorney Swanson advised that there was a change in the development plan in that a tax increment district cannot be created now because it would be certified at the original assessed value. If it were certified before October 15 of this year, the original assessed value would be January 2, 1981. If Hewlett- Packard did not develop for four years, hardly any tax increments Vrould be received during that four year period of time. Tax increments can only be obtained for a maximum period of ten years and for a practical period of eight years. So, if Hewlett-Packard did not develop for four years, four years of tax increments would be lost. As a practical BUDGET HEARING INCLUDI~'G REVENUE SHARINd RESOLUTION 82 ~3 SHADE TRF;E PROGRAM PUBLIC HEARIlv`G ON DEVELOPMENT DISTRICT #1 ~.ti MINUTES REGULAR CITY COUNCIL JIEETING SEPTEf~:'BER 22, 1982 PAGE ~ matter, a tax increment district should not be created until it is known when the improvement will take place so there is an increased tax base. V~'hen a reauest is received for building permits, that is perhaps the time to create the tax increment district. Yunen this is done, it will maximize the amount of tax increments that can be received. Two types of tax increment districts can be created--one type of tax increments can be received from eight to ten years (this is basically what has been discussed) and the second type, which is called a redevelopment district, tax increments can be received for 25 years but because Falcon Heights does not, from all appearances, have any area within this proposed development #1 which would qualify for the redevelopment district and thus 25 years of tax increments. 1 Councilmember Eggert questioned whether the City would be grandfathered if the development district was created now and the state did away with the tax increment financing district? Attorney Swanson replied that the City would not be grandfathered with just the creation of the development district. It would be necessary to go one step further and create a tax increment financing district. During the legislative session, rumbles will be heard about changing the law and if that should happen, the City may want at that time to create the district to be grandfathered in and run the risk that the development will come in and i.f the development does not occur, i.t does not happen. Nothing is lost. More would be lost iyf an attempt was made to create the tax increment district now but try later to capture any increases in value. °UBLIC HEARING (CONT'D) EGGERT~ SP~~ANSON Neal Johnson agreed with Attorney Swanson as far as the creation of the HEAL JOHNSGN~ tax increment district was concerned. Basically, what is established is SV~`ANSON the general plan for what is going to be done. The tax increment financing part is a specific financing plan for the particular parcel or parcels. Councilmember Eggert asked when the development district is authorized now and when subsequently the tax increment district is authorized, does the same area have to be encompassed? N,r. Johnson advised that only a portion could be included. Councilmember Eggert asked why the Tatum Lindig area was included when the area was excluded from the project at previous hearings. Councilmember Larson advised that because there was a potential in the future for doing Tatum~Lindig it was included in the plan so that portion could be finalized and at some future date if it was decided to include it, it could be included with the necessary hearings. Attorney Swanson advised that once a district is set up, it can be enlarged upon. The key to acting now in creating the district is that when bonds are issued shortly to finance improvements within this district and ir, order t o use tax increments, which may eventually be derived from this development district, a development plan is needed pursuant to which the improvements are made. It is a mat+.,er of timing. If the development district is not adopted until after the improvements EGGERT~ JOHNSON CARSON SV',-`ANSON ~. r,".INUTES REGULAR CITY COLTNCIL T~;ETING SEPTE~~IDER 22, 1982 PAGE 5 are in, at that point in time tax increments cannot be used to finance what is already there. Therefore, he suggested now that this development district be approved. At this mint in time, acti.or. will ~e taken on the issuing of bonds on October 5. Mayer Warkentien made a motion that Resolution 82-1~1 be adopted. The motior.vras seconded by Councilmember Larson. Iviotion carried unanimously. The Public Hearing was closed at 9:33 ".PSI. RESOLUTION 82-1;1 RESOLI;TION 82-1;1 A RESOLUTTCN FORMING DEVE UJPMENT DIS^1RICT #1, ADOPTING DEVELOPPdLFNT PRCGRAPd, DECLyRING PITBLIC PURPOSE, AND PROVIDING FOR ADNITAIISTRATIOIvT Councilmember Eggert moved to authorize the staff' to work Colur~.bus Day AUTHORIZE STAFF and award the Holiday for the Friday after Thanksgiving. The motion was HOLIDAY MOVED seconded by Councilmember Chestovich. P~gotion carried unanimously. TO FRIDAY AFTER THANKSGIVING Councilmember Eggert recoT~~nended that a job description be drafted for each employee. Councilmember Larson and Chestovich felt that each JOB employee should have input in their job description. The matter was DESCRIPTIONS deferred to the October 27th Council meeting. A September 11, 1982 letter from It~r. and Pa1rs. C. L. Smith, 1818 Piorth LETTER FROiVi MR. Pascal and P~7r. and P.'rs. J. Utne, 1806 P~ortl-~ Pascal, to the Falcon Heights AND Ptff?S. C. L. United Church of Christ regarding children using the vacant lot was S1~iITH AND MR. noted. Council felt this was a matter the church should resolve. AND MRS. J. UTNE A letter from Roger G. Aiken, 1589 Hollywood Court, dated September 13, 1982 was noted. The Clerk Administrator will inform ;vr. Aiken that LETTER FROM exceptions cannot be made to the Ordinance and that his car will have ROGER G. AIKEN to be moved every !~8 hours. He shculc also be provided with a cony REGARDING of Ordinance #159 relating to parking on the lawn during winter months. PARKING A letter from ~r'~alter Jores, 16112 I~~Iaple Knoll Drive, thanking Council LETTER FROM for the prompt removal of the diseased tree was noted. VdALTER JOPJ'ES ON TREE REMOVAL A letter dated September 17, 1982, from Clinton Hewitt, University of Minnesota regarding the Universities particiration in financing a civil defense siren. was noted. Clerk Administrator Barnes ir~forrned the City Council that the Fire Department Hose Dryer was eurchased by the City on November 27, 1973. When it is sold, the money will be reverted back to the City. Clerk Administrator Barnes informed the Council that Ken 'P?eltzin, Ramsey County Engineer, advised that if the traffic light were installed at Prior and Larpenteur, the City would have to bear all costs of installation and operations. He felt the signal was not warranted and no others have been installed by the County in any other community LETTER FROR4 CLINTON HEiJ6ITT OA1 CIVIL DEFENSE' SIREN DEPT. HOSE DRYS: PURCHASED BY CITY TRAFFIC LIGHT AT PRIOR AND LARPENTEUR ~~~ 1 `t 2TNL""r' Vil 1 J REGULAR CIT ~' COUP~CIL MEETING SEPTEMBER 22, 1982 PAGE 6 for the same purpose. Study would have to be done before any installation could take place. Cost of the installation would be approximately X60,000 plus maintenance. Brad Lemberg advised that wires nave beer, run during the Community Center construction so if a traffic light was warranted at some future date, the blacktop would not have to be dug up. Counci.lmerzber Chestovich advised Council that iterris that are to be included FALL ir. the newsletter should be submitted as soon as possible because it had NEWSLETTER +..o be sent to the printers by Gctober 15. Mayor 'Jarkertien moved adoption of Resolution 82-k2 authorizing submitting a warranty deed to GTA for sale of the City Hall property. The motion was seconded by Councilmember Eggert and upon a vote being taken carried unanimously. RESOLUTION 82-1a2 RESOLUTION 82-l~2 A RESOLUTION AUTHORIZING EkF,CUTIGN AND DELIVERY OF r'~~ARRANTY DEED Mayor Warkentien made a motion authorizing a payment to Erwin 1',Zontgomery PAYMENT TO Construction for overtime in the amount cf ~10,1t70 on the Gortner~ ERWIN Larpenteur Storrr~ Sewer. The motion was seconded by Councilmember Larson. NIONTG0~4ERY TFOtion carried unanimously. CONSTRUCTION Councilmember Chestovich requested Clerk Administrator Barnes to again COHEN RED call Cohen's Shopping Center and request removal of the stove and UESTED TO garbage in the rear of the building. REMOVE DERBIS Councilmember Chestovich advised Council that tre Falcon Heights school FALCON issue had not been placed on the agenda for the next School Board meeting. HEIGHTS SCHOGL She also advised that there would be an Open House at Brimhall School on & ERIMHALL October 12 to meet with the legislators elect and the discussion would be OPEN HOUSE limited primarily to education. Councilmember Larson informed Council that the Fire Chief and the DISCUSSIOPd- entire Fire and Rescue Department were very disturbed at the treatment POSSIBLE received by Chief Renchin at the Council Budget Vdorkshop, the RESIGNATION treatment of Firemen Pantzer and Schauffert at the City Nall Dedi- OF' FIRE cation meetings, and the fact that the Fire and Rescue Department was CHIEF not acknowledged on the Dedication Brochure. Due to this, Chief Renchin had turned his badge into Councilmember Larson and the remainder of the Department had threatened to resign if the Chief resigns. After spending a good deal of time with the Department discussing the matter, Councilmember Larson had convinced the Chief to postpone his resignation until after Council had an opportunity to discuss the problem. Council discussed the possible resignation and the manner ir. which the Dedication Committee had been chosen. Councilmember Chestovich said she did not have any problems with the people chosen for the committee but the manner in which they were chosen (without input '~ from all Councilmembers) and Councilmembers Eggert and Larson agreed. I3~1 1 rl MINUTES REGULAR CITY COUPdCIL MEETING SEPTEPIIBER 22, 1982 PAGE 7 Clerk Administrator Barnes informed that the Dedication Brochure was to FIRE DEPT. be reprinted due to the excessive number of errors in the first printing. TO BE LISTED 'I Councilmember Eggert moved, seconded by Councilmember Chestovich, that if ON DEDICATION !, the brochure has not been reprinted, the Fire Department should be added, BROCHURE i znd i.f it has been reprinted, that a new bulletin be printed at City cost. Motion carried unanimously.; Councilmember Larson stated that the Chief had found items that had been changed or omitted ir. the construction of the Fire Department area of the new building and that she did not recall change orders being approved for such changes. Mayor V6'arkentien stated that no one knows what the contractors have gone through with the Chief as he has been calling VJestlunds all the time and has been an irritation to Boc Westlund and the sub-contractors. Engineer Lemberg requested that Fire Department personnel contact him instead of the contractor and Councilmember Larson stated she v;ould suggest that to the Chief. Following a lengthy discussion as to how to alleviate further hard feelings, Council agreed that the past should be forgotten and to start anew. Councilmember Larson agreed to relay the irformation to the Fire Department. Councilmember Chestovich asked if Sheriff Zacharias had been invited to attend the meeting to discuss the complaints received about the poor service the City had been provided during the Fair and Flower City fire, as had beer_ requested at the Budget titi'orkshop. Since Sheriff Zacharias had not as yet been contacted, Council directed the Clerk Administrator to make arrangements for the Sheriff to attend the October 5, 1982 meeting. Council discussed when funds could be made available to purchase the radio equipment for the Fire Department at a cost of approximately ~v1~,000. Following a discussion, Councilmember Larson was directed to inform the Fire Chief that the radio may be purchased any time after October 5, 1982. Mayor ih'arkentien moved, seconded by Councilmember Larson, that Partial payment #1 to Austin Keller Construction Co. in the amount of ~50,8l;2.l~8 be made. Pliotion carried unanimously. Councilmember Larson moved, seconded by Mayor ~"Iarkentien, that the meeting be adjourned at 10:10 P.1~4. Motion carried unanimously. ATTEST' : „~ .. ~ `~ ~ , Dewan B. Barnes, Clerk Administrator -~~ ~~` VUl lis A. V~`arkentien, Mayor FIRE DEpART- PA~NT CONTROVERSY DISCUSSED SHERI f?F ZACHARIAS INVITED TO ATTEND OCT. 5 COUP~TCIL MEETING PURCHASE OF FIRE DEPT. RADIO E~UIpMENT PARTIAL PAY- MENT TO AUSTIN KELLER CONST. ADJOURAIMENT Regular City Council Meeting of September 22, 1982