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HomeMy WebLinkAboutCCMin_82Nov4_SpecialTdINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1982 A special meeting of the Falcon Heights City Council was called to order at 7:30 P.M. by I~4ayor Warkentien. Mayor tiVarkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. Also present were Clerk Administrator Barnes, Attorney Swanson, and Engineer Lemberg. None . Mayor Warkentien informed Council that the City had been served with a Notice of Appeal of Special Assessment containing signatures of 191 residents of the Northome Area in regard to the Pascal Street Improvement Project. Mayor Warkentien moved, seconded by Councilmember Larson, that the City Attorney be directed to prepare the defense for the City. Councilmember Ciernia inquired as to timing to which the Attorney replied that the petitioners must file with the District Court and that the matter would be tried as soon as it can be placed on the District Court calendar, probably not for 1t or 5 months. Following a discussion, the motion was carried unanimously. Mayor Warkentien asked how Councilmember Chestovich could vote when she had signed the appeal and Councilmember Larson requested that the Attorney give an opinion on whether or not it would constitute a conflict of interest. Attorney Swanson replied that technically, there would be a conflict of interest to vote on the matter, but since Council- member Chestovich voted in favor of the motion there was no problem. Councilmember Chestovich asked if it would be more proper to abstain to which the Attorney replied it would be if the vote castv~ould be in her favor, such as to not defend the appeal. Councilmember Eggert stated that since she had voted against the assessment and to be con- sistent he, probably, should abstain, but he cannot see that the City would want to fail to defend itself and he could not vote against the defense motion. Councilmember Larson moved, seconded by Councilmember Eggert, that the Consent Agenda be approved as presented. Motion carried unani- mously. 1. Lauderdale Rescue Reports #LR-02282 2. Falcon Heights Rescue Reports #R-07082 - #R-07382 3. Mutual Aid Report 4. General Payroll 10/16/82 - 10/31/82 ~ 5,486.98 5. Liquor Payroll 10/1.6/82 - 10/31/82 ~ 2,746.55 6. General Disbursements 10/28/82 - 11/1.1/82 X107,707.02 7. Liquor Disbursements 10/26/82 - 11/2/82 ~ 11,407.23 8. Licenses: General Contractor Licenses Model Construction Company, Inc. #941 908 W. County Road C Roseville, MN 55113 Master Gas Installers Licenses Four Seasons Air Specialists #1.124 479 Division Ave. Jr'hite Bear Lake, MN 55110 ~~ PRESENT ABSE?v'T NORTHOME RESIDENTS APPEAL PASCAL ST. ASSESSI~~NT CONSENT AGENDA APPROVED The 4~,u.imby Company #913 2173 Kasota Ave. St . Paul, Pmt 55108 Total Energy Heating & Cooling. Inc. 5905 N. Lexington #425 St. Paul, MN 55112 MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER Lt, 1982 PAGE 2 Mayor V~'arkentien informed that Lloyd Urban, Hoffman Corners Oil, did not appear the last time he was on the agenda and did not seem to be in attend- ance at this meeting and asked what action Council wanted to take on the matter. Councilmember Larson was of the opinion that the conditional use and license should not be granted until he appears before Council. Council discussed the fact that the station is already selling snack and food items even though a license has not be issued and asked Attorney Swanson what action could be taken. The Attorney informed that there are two optionsz (1) bring an action to enjoin him from future selling, or (2) file a criminal complaint charging him with violation of the City Ordinance and recommended the latter as being most feasible. Councilmember Larson commented on the fact that Mr. Urban, at his appearance at the Planning Commission Meeting of September 13, 1982, was questioned about the items to be sold and had indicated he would appear before Council. Council directed the Clerk Administrator to have the Deputy on duty issue a citation for violation of the City Ordinance. Councilmember Eggert moved, seconded by Mayor VJarkentien, that the Clerk Administrator be authorized to write off forged check #163 for X30.00 drawn on the account of Jodee Frohreip, 1201 W. Calif ornia St. (check taken at the Municipal Liquor Store). Motion carried unani- mously. Mayor VJarkentien presented a request from Mr. and Mrs. Robert Butala, 1530 W. Iowa, that Arona Street be included in the stop sign study in the Northome area. Engineer Lemberg stated that the matter had been studied some time ago and at that time it was determined that stop signs were not needed, but he would check Arona along with Pascal and Albert. Councilmember Chestovich commented on the fact that the study has not begun as she and the Engineer had not been contacted by Bill Smith, 1358 w. Iowa, who is to participate in the study. Mayor tih'arkentien presented for Council's consideration Change Order #1 on Albert~Pascal Street Improvements. Engineer Lemberg explained that the word processor had dropped a line from the bid proposal deleting the stipulation for Class ~ base aggregate. He stated that the addi- tional X20,075, for the Class ~ aggregate, will not increase the cost to the City as it will be paid by State Aid funds. Councilmember Eggert inquired whether or not all construction firms received the proposals with the line missing and Engineer Lemberg replied that it was the same for all, the information was on the plans but not on the bid proposals. Mayor Warkentien asked if this means an increase in the amount to be received from the State and Engineer Lemberg replied in the affirmative. Councilmember Eggert stated he thought there was a top limit to the amount a co:n~nunity can receive from State Aids and the Engineer replied that State Aid pays for the amount of the items included in the project. Mayor V!rarkentien said that, as he understands it, the State paid X20,000 more than the storm sewer, and that the whole project price is about X168,000 (Councilmember Ciernia comments X187,000 plus) and then the State Aid was moved to Albert and the whole project on both streets plus the storm sewer, less State Aid, came to less than the original amount assessed by X20,000. Mayor Warkentien then asked what the State has paid in addition to the storm sewer and Engineer Lemberg replied that they paid for the Albert project. Mayor Warkentien again asked if they paid for the Albert project--all of it in total, and the X123,000 ~.4 ~ CITATION TO BE ISSUED TG HOFFMAN CORNERS OIL FOR SELLING lti'I `PHOUT A LICENSE FORGED CHECK #1l~63 FOR X30.00 TO BE WRITTEN OFF REQUEST TO INCLUDE ARONA IN NORTHOME STOP SIGN STUDY CHANGE ORDER #1 ON ALBERT PASCAL IMPROVEMENT APPROVED 1 MINUTES SPECIAL CITY COUNCIL MEETING NOVE~JIBER !t, 1982 PAGE 3 is all for Pascal. The Engineer replied Albert Street in the bid was X89,757.75 and this X20,000 would make it metal X109,757.75. The Clerk administrator added that the X20,000 is designated strictly for the Ib4SA~ project and Mayor Warkentien commented that the storm sewer is ,.erely ari additicn. Councilmember Ciernia asked i_f the State Aid payment did not cover the entire cost and the Engineer replied in the negative. Councilmember Ciernia stated there is some limit on how much the State can cover and the Engineer said it covers the Albert Street project. Councilmember Ciernia asked if it covers the entire project for street and sewer. Councilmember Eggert inquired why Council did not assess fer just one block on either side of Pascal and Councilmember Ciernia stated the numbers just do not work cut. Mayor ti"'arkentien asked where the 13,000 for Pascal. came from. Councilmember Ciernia stated the assessment bcttom line number was X11+3,000, it was not just Pascal that cost that, he thought State Aid funds did not cover the entire project and Council allocated as much as they could for the project and the rest was to be assessed. Engineer Lemberg said it covers the entire Albert Street project, that is just construction, but the design fee, legal fees, bond fees and administration must be added. A,Raycr Warkentien asked if there was a breakdotim. Councilmember Chestovich said she did not understand the matter, the State is paying for all tre road repair work on Albert, but they are not paying for the storm sewer or part of the storm sewer, so the assessment is then for part of the storm sewer, administration, legal fees, engineer fees, etc., plus Pascal. The Engineer stated all of the City is assessed for part of the State Aid. ~.4 ~ CHANGE ORDER DISCUSSION Mayor V!~:arkentien then moved the payment of Change Order #1 on the Albert` Pascal Street Improvement for $20,075.00 contingent on State approval. The mctior. was seconded by Councilmember Larson« Councilmember Eggert stated he thought there was an upper limit on the amount a community can get from State aids and Mayor 1~arkentien agreed, and added that if the cost goes over like it did on Roselawn, then it is necessary to bond and the bonds are paid off by future State Aid. Engineer Lemberg informed that State Aids are based on estimates the State makes based on streets but when the actual construction is done, then they pay the amount. Mayor Warkentien asked if anything had as yet been submitted to the State for State Aid and the Clerk Administrator replied in the affirmative. He explained that the balance in the State Aid account has been requested to be deposited toward this construction which will reduce the amount cf the bond payment. This will go into the sinking fund to retire that bond that was sold. Upon a vote being taken, the foregoing motion carried unanimously. Attorney Swanson explained that when you make the assessment you are really assessing for Albert and Pascal. There is fundable money and you have the combined prcject of Albert and Pascal and the dollar amount that is assessed against each parcel is a portion of the total amount, including the Municipal State Aid portion, so as a technical matter, you do not look at the assess- ment as being a dollar amount for part of Pascal or part of Albert or both, it is a dollar amount of the whole thing. Councilmember Eggert commented on the fact that the State is paying only for one street. Attorney Swanson replied that is true but you can assess for Albert even though you get State Aid. In fact, you can assess for projects under the statutes even though you get 100 percent reimbursement by 14iunicipal State Aid Funds. ~~-V MINUTES SP's CIAL CITY COUPJCIL r~ETII~?G NO`JEMBER !, 1982 PAGE ~ After a lengthy discussion on an amendment to Ordinance 64, the number of parking spaces necessary for row construction of multiple dwelling units with no on-street parking, and when the Planning Commission will have the remainder of the zoning ordinance rewritten (approximately 1 year), Council- member Eggert moved, seconded by Councilmember Ciernia, that the Council place a hold on the approval of any further variances of this nature until the Council can amend the existing ordinance, and to direct the City Attorney to draft an amendment to the existing ordinance stating that for multiple dwelling units two parking spaces be required in those areas where there is on-street parking and two and one-half parking spaces be required if there is no on-street parking, and that one half of those parking spaces be enclosed. Council discussed the plans submitted by Grace Lai, for a proposed con- struction of a six unit apartment building on Lot 14, Blocklof Labalestra Park. Council felt there was not adequate parking available, there would be problems with snow remnval and inadequate access for emergency vehicles. Councilmember Ciernia stated he felt, that in all fairness to the Planning Commission, since the Ordinances are their guidelines, and Council feels something is inadequate, it is Council's responsibility to make an adjustment. Upon a vote being taken, the motion carried unanimously« Councilmember Chestovich inquired as to whether or not any action had been taken in regard to the Tatum drainage ditch situation. Engineer Lemberg explained that a study had been done sometime ago and that the problem with the ditch is a matter of maintenance to alleviate standingv~e.ter and silting. He stated it would be possible to install a temporary bitumirous flume if the four property owners adjacent are in agreement and would grant ar.e asement to install and maintain the flume. He stated that the problem is a temporary one as the water is generated on the Hawkins~Hermes property which would be handled by storm sewer when the property is developed. Council directed the Clerk Administrator to contact the four property owners involved and see if they are interested in meeting with the Engineer to discuss the matter. Councilmember Chestovich asked whether or not the Clerk Administrator had contacted rubbish haulers for fee information as requested at the July 6, 1982 rrieeting. Clerk Administrator Barnes replied that some, but not all, haulers contacted had replied and that, perhaps, those who did not reply may be uneasy about the possibility of exclusive franchise operations. Following a discussion, the Clerk Administrator was directed to contact the ~,4innesota Waste Hauler's Association and request that a speaker from that group attend a future Council Meeting. Councilmember Chestovich asked what balance is still due on the construction of the row Community Building and if some payment is being withheld pending satisfactory completion. Engineer Lemberg explained that there is still a large payment due, plus 5~ being held back on the entire project, and that Council may, at their discretion, withhold the liquidated damages 0100.00 per day)~?ize to the fact that the building was not completed by September 1, the date stipulated in the contract. ORDIIVTANCE 6!~ PARKING RECIJIREMENTS DISCUSSED TATUM DRAIN- AGE DITCH DISCUSSION RUBBISH REMOVAL DISCUSSION COMMUn'ITY BUILDING DISCL'SSICN ~~~ MINUTES SPECIAL CITY COUNCIL MEETII~TG NovEr.~ER !~, 1982 PAGE 5 Councilmember Chestovich wanted Council to be aware that at the October ll~, TIF NOTED 1982 School Board Meeting that body had noted that Falcon Heights and Rose- BY SCHOOL ville are considering Tax Increment Financing. BOARD Councilmember Ciernia requested that Council receive bi-monthly police BI-1~i0NTHLY reports showing such items as number of arrests, number of major crimes, crimes POLICE solved, miles driven, etc. Following the discussion, the Clerk REPORTS Administrator was directed t o contact the Sheriff's Department and request REQUESTED that such a report be submitted to the City every other month. Councilmember Ciernia requested a bi-monthly financial summary showing COUr1CIL TO cash flow, underages and overages to get a feel of the City's financial RECEIVE health. Clerk Administrator Barnes explained that there is such a FINANCIAL report done monthly and copies will be made for Council. SU114MARY Clerk Administrator Barnes presented two employee evaluation forms and EMPLOYEE requested that Council choose one for future use when evaluating City EVALUATION staff. Council agreed that a f orm of some kind is necessary but would be of no use unless there are job descriptions to use in conjunction with the form. Clerk Ad~}inistrator Barnes assured that each emr~loyee would draft a list of responsibilities for Council's review. Councilmember Larson explained that the Fire )epartment does not have BUILDING a master key to the Community Building which is needed by the Chief KEYS FOR at times for access to the maintenance Department for use of the FIRE truck, pump, etc., and the administrative area for the copying DEPARTMENT machine and to drop off and pick up paper work. Following a discussion, Council concurred that a responsible person in the Fire Department should have a key. Mayor Warkentien felt that the Chief and two assistants should be provided with keys with the stipulation that the keys are not to be duplicated and in the event of changes in officers the keys be passed on to the new officers. Councilmember Larson stated the following items are needed by the FIRE Fire Department: (1) door closer in watch roon due to the variance DEPARTMENT in temperature from the bay area and the watchroom, and the effect CONCERNS on the thermostat when the door is open, (2) change the hook on the trap door in the hose tower as it is on the wrong side, (3) cascade breathing system, (~) repair of the doors on the bays which are not operating property, and (5) items on the list presented at the last meeting. Engineer Lemberg explained that he has a five page list of items to be corrected or completed, that the doors in the bays are not operating properly and he would check on the price of the cascade system. Mayor ~iarkentien had discussed the cascade system with Assistant Chief Pantzar and they were both of the opinion that the cascade system was included in the 1983 budget, however, other Councilmembers could not recall that item in the budget. The Clerk Administrator will check into the matter. Clerk Administrator Barnes stated he would have the Maintenance Department check into the installation of a door closer on the watch room door. ~?INUTES SPECIAL CITY CGUNCIL iN:EETING NOVE~?BER ~t, 1982 PAGE 6 Councilmember Eggert informed that all of the participating cities have signed the Cable TY Franchise Agreement and the matter is now being considered by the State Cable Board, a decision to be reached by November 12, 1982. Reimbursement due the cities will be distributed 20 days following approval by the Cable Board. He also explained that a preliminary cooperative agreement has been drafted for Joint Powers Agreement #2 which seem to be acceptable to all. P.?ayor tiS'arkentien read a letter from Mr. and Mrs. Arthur Lindig, 1875 Larpenteur, commending Council on the Dedication Ceremony for the new Community Building. Councilmember Chestovich requested that Council consider passing a resolution on the death of Oakdale Policeman Richard V~lalton. Council discussed the matter of passing such resolutions and came to the con- census that in the future such resolutions be limited to Ramsey County. Councilmember Chestovich moved, seconded by Councilmember Ciernia, that Resolution 82-50 be adopted. Motion carried unanimously. RESOLUTION 82-50 A RESOLUTION ON THE DEATH OF Q4KDALE POLICE OFFICER RICHARD WALTON Council discussed at length the errors made by the Ramsey County Elections Bureau at the November 2, 1982 General Election, such as the providing of incorrect State Ballots and one incorrect County Ballot in Falcon Heights Precinct #1. Clerk Administrator Barnes commented on the fact that v~en delivering the returns to the County following the election, none of the Bureau Staff would assist with the delivery of the boxes even though several staff members were stand- ing by doing nothing. Councilmember Eggert moved, seconded by Mayor V~'arkentien, that Resolution 82-51 be adopted. Motion carried unani- mously. RESOLUTION 82-51 A RESOLUTIONd EXPRESSING THE COUNCIL'S COPdCERNS IN RESPECT TO RAMSEY COUrdTY'S PROCEDURES IN CONDUCTItv'G THE ?v'OVEIvaBER 2, 1982 GENERAL ELECTIOPd Clerk Administrator Barnes inquired as to whether or not Council would be interested in holding informal workshop meetings to discuss special items which come up (such. as the budget workshop). Council agreed that such workshops could be helpful and that notice of all such workshops should be posted. CABLE Tv UPDATE LETTER FROM LINDIGS READ RESOLUTION 82-50 RESOLUTIGIvT 82-51 VVOR KSHOP DISCUSSION r~NUTEs SPECIAL CITY COUr1CIL MEETING NOVEMBER ~., 1982 PAGE 7 ~~~ Council noted that according to the Minnesota Poison Control Center HALLOWEEN there were no incidents reported in Falcon Heights this past Halloween. REPORT Councilmember Larson moved, seconded by Councilmember Chestovich, that the meeting be adjourned at 9:58 P.M. Motion carried unanimously. ~~ ~r~ Gam'" Willis C. A. V'~arkentien, Mayor LJ f] ATTEST: ,~ ~ ewan Barnes, ler Administrator Special City Council Meeting of November !~, 1982 ADJOURAIMENT