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HomeMy WebLinkAboutCCMin_82Nov23_Special MINUTES SPF;CIAL CITY COUNCIL ML'ETING NOVEPIBER 23, 1982 A special meeting of the Falcon Heights City Council was called to order at 7:30 P.bM. by Mayor l~~arkentien. Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. PRESENT Also present were Clerk Administrator Barnes, Attorney Swanson, Engineer Lemberg and Fiscal Consultant Chenoweth. T1one. Councilmember Eggert moved, seconded by Councilmember Chestovich, that CONSENT AGENDA, the Consent Agenda be approved as presented. Motion carried unanimously. APPROVED 1. Lauderdale Rescue Report #LR-02382 2. Lauderdale Fire Reports #LF-00782 and 00783 3. Falcon Heights Rescue Reports #R-071182 - 07782 1~.. Falcon Heights Fire Reports #F-02682 - 02982 5. General Payroll 11/1/82 - 11/15/82 $ 6,1182.98 6. Liquor Payroll 11/1/82 - 11/15/82 ~ 2,661.76 7. General Disbursements 11/5/82 - 11/23/82 X208,063.72 Sinking Fund ~ 1,912.50 8. Liquor Disbursements 11/2/82 - 11/19/82 $ 26,723.38 9. Human Rights Commission Minutes, October 21, 1982 10. Building Inspector's Report, October, 1982 11. Sheriff's Report, October, 1982 12. Planning Commission Minutes of Special Meeting of October 25, 1982 13. Planning Commission Minutes of Novecib er 8, 1982 ]-1a.. Liquor Store Financial Report, October, 1982 15. Licenses: Master Gas Installers Paul Falz Company #1127 Fred Vogt & Company #L126 3115 Atwater St. 3260 Gorham Ave. St . Paul, MN 55117 ?Minneapolis, i~+fN 55~ 26 Christmas Tree Sales Forestry Club University of MN ~Ma.rtin T. Christiansen #916 Green Hall #918 17211 Holton University of Minnesota Falcon Heights, MN 55113 Falcon Heights, MN 55108 Conklin ~'hristmas Tree Farms#919 (to sell at Hermes Floral) Box 167 Wheeler, Y~~isconsin 5!1772 General Contractors Realistic ~suilding & Remodeling #917 25117 - 3rd Avenue NE Minneapolis, MN 551118 ~.~JI MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 198.. PAGE 2 Mayor Warkentien presented a Conditional Use Request from Hoffman Corner Oil Co., 1530 W. Larpenteur, to sell pop, snacks and candy at the filling station, and an application for a Grocery License for that operation. Councilmember Larson read a letter from Richard Ragan, Environmental Health Specialist for Ramsey County Public Health Department, informing that on November 17, 1982 he had made an inspection at the HCO station for the purpose of investigating a rodent problem and to determine if a Ramsey County license was required. Mr. Ragan determined that HCO must obtain a Retail Food License from the Minnesota Department of Agriculture in order to continue to sell food and recommended that the City not issue a license until this violation has been corrected. He also informed that there is still a rodent problem but steps are being taken to control rodents. Mr. Lloyd Urban, owner of the station, informed Council that they are attempt- ing to rid the building of rodents and make it rodent tight. He also ex- plained that he had failed to attend previous Council meetings to discuss the sale of foods as he thought it was approved after meeting with the Planning Commission. Following a discussion Councilmember Eggert moved, seconded by Councilmember Chestovich,that the Grocery License be approved subject to approval by the State Department of Agriculture. Upon a vote being taken, the following voted in favor thereofc Mayor Warkentien, Councilmembers Eggert, Ciernia and Chestovich, and the following voted against the same: Councilmember Larson. Motion carried. Mr. Al Hylland and Mr. Mike Robinson of the Minnesota Department of Trans- portation gave a slide presentation and explanation of the proposed re- construction of Snelling Avenue from Como to Highway 36. Some of the pro- posed changes are roadway reconstruction, channelization, upgrading of existing signals, a new signal at Roselawn, frontage road modifications or extensions, curb and gutter, storm sewer, no cross traffic at Crawford, Garden and Ruggles with a concrete median running the length of Snelling. Council expressed concern for the inconvenience and danger to residents living adjacant to the service road (such as residents on the west side of Snelling being required to go south on Snelling and make a U-turn at Larpenteur in order to go north), and the possible loss of business at the shopping centers. John Carnes, 1775 N. Snelling, was of the opinion that if the service road is to be narrow the State could save money by not constructing the service road, as it would not be necessary to place curb and gutter, move sewer and gas lines, regrade lawns and provide access. At the same time it would save the residents the expense of re-locating sprinkling systems, yard lights and mailboxes. Jim Korf, owner of Falcon Barbers in the Hermes Shopping Center, object- ed to the proposed plan and presented a sketch showing an alternative plan. Frank Villaume, Attorney for Mr. and Mrs. Norbert Hermes, owners of the Hermes Shopping Center, also expressed opposition to the plan due to the fact that he felt it would isolate the shopping area and make access difficult. Following a lengthy discussion, Councilmember Ciernia moved, seconded by Councilmember Larson, that the City Engineer be authorized to make HCO CONDITIONAL USE REQUEST & GROCERY LICENSE APPLI- CATIONS APPROVEt SUBJECT TO APPROVAL BY MN DEPT. OF AGRICULTURE PRESENTATION OF PROPOSED SNELLING AVE. UPGRADTING AL HYLLAND & MIKE ROBINSON OF MN/DOT JOHN CARNES 1775 N. SNELLING JIM KORF FALCON BARBERS F. VILLAUME, ATTORNEY FOR HERMES CENTER ~_ +-~ MINUTES SD?CIAL CITY COUNCIL h4EETING NOVEMBER 23, 1982 PAGE 3 a study and come up with alternate plans. Motion carried unanimously. SNELLING AVE Mr. Hylland informed those in attendance that the Department of Transport- (cont.) ation will hold a public hearing on the matter on January 11, 1982 at the Har Mar Community Center. As reouested by Council, Barbara Kelley, Executive Director of the Minnesota BARBARA Waste Association, a non-profit organization representing refuse haulers KELLEY, MN throughout the State, was in attendance to address Council's concern over WASTE ASSN. the number of refuse trucks operating on the City streets. ids. Kelley stated that most refuse haulers prefer the competitive system as under the contract system there is one hauler only and there is no guarantee that the contract would be granted to one of the haulers presently working in Falcon Heights, thus taking business from the others. Some options mentioned by Ms. Kelley were (1) haulers among themselves consolidate their stops so only one hauler is in any given area, a method that could be in violation of anti-trust laws, (2} open hauling variations such as in Roseville where there is sectioning and a day of the week assigned to each hauler and Maplewood which has hauling on Monday only, (3) a single contract and (Ia:) districting. In reply to a quevtion from Councilmember Ciernia regarding fuel con- GEORGE servation with some of the options George V'dalters of T~tialters Disposal WALTERS, replied that there would be very little fuel saved as the diesel trucks WALTERS used today can idle 10 to 12 hours per day on 1/2 to one gallon of fuel. DISPOSAL He added that there might be some savings in labor time as ten homes in a row could be serviced more quickly than doing every other one, however, it would be difficult to come up with a figure showing the savings. The largest expenses are landfill costs and the purchase price of the truck. Councilmembers Eggert and Ciernia inquired about the impact of the trucks on the streets, to which Mr. Walters replied that the axle weight of a truck is approximately seven tons and the Engineer added that the weight should not harm the streets as most streets in the City are nine ton. Mr. V~alters indicated that the Roseville method has not been a problem for his firm. ~4s. Kelley recommended that if the City does go to the one day a week plan that the haulers be called in for a meeting to determine a day that would be compatible. Mayor ~iwarkentien presented a request from Arlene G. Mann to rent the ARLENE MANN Conference room in the Community Building for the purpose of teaching TO RENT an International Language Class. Council discussed the matter with CONFERENCE Ms. Mann and the fee suggested by Clerk Administrator Barnes ($~25 per ROOM TO TEACH night). Following the discussion, Councilmember Eggert moved, seconded WEEKLY by Councilmember Larson, that Ms. Mann be granted use of the Conference LANGUAGE Room on a weekly basis at a price of X15 per night, with a 30 day CLASS cancellation agreement. Motion carried unanimously. Attorney Swanson presented proposed Ordinance #19l~ increasing the number of parking spaces required per unit in multiple dwellings. Council discussed the wording of the ordinance and requested that the wording be corrected to require one of the required parking spaces be located within the building or accessory building instead of 1-1/2 _ spaces within the building. ~_ e,s MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 23, 182 PAGE 4 Councilmember Eggert moved, sec©nded by Councilmember Larson, that Ordinance ~F194 be adopted as corrected. Motion carried unanimously. ORDINANCE ~~194 ORDINANCE ~~194 AN ORDINANCE RELATING TO OFF-STREET PARK- ING REQUIREMENTS; AMENDING ORDINANCE NOS. 64 AND 70 OF THE CITY OF FALCON HEIGHTS Councilmember Larson moved, seconded by Councilmember Ciernia, that the MINUTES :OF Minutes of October 27, 1982 be approved with the following correction: 0/27/82 Change the wording of line 2, paragraph 4, page 3 to read "propose new APPROVED formuals" not'~iscuss the formula". Motion carried unanimously. Councilmember Eggert moved, seconded by Councilmember Chestovich, that MINUTES OF the Minutes of November 4, 1982 be approved as presented. Motion carried 11/4/82 unanimously. APPROVED Council briefly discussed the amount of money expended on behalf of ATTORNEY TO American Shelter Corporation ($36,775.33) which is unpaid. Mayor Warkentien ATTEMPT moved, seconded by Councilmember Larson that the City Attorney be authorized COLLECTION to review the matter and begin legal process to collect the funds. Motion FROM AMERICAN carried unanimously. SHELTER Councilmember Larson moved, seconded by Councilmember Eggert, that George GEO. M. HANSIl~ M. Hansen Co. be authorized to audit the City for the year 1982 at a cost CO. TO AUDIT not to exceed $6,400. Motion carried unanimously. CITY FOR 1982 Council reviewed the proposed fee schedule for Ordinance ~~191 (relating to zoning and platting) after which Councilmember Ciernia moved, seconded by Councilmember Larson, that Resolution 82-52 be adopted, and that the Clerk Administrator be authorized to publish the same. Motion carried unanimously. RESOLUTION 482-52 RESOLUTION 82-52 A RESOLUTION PROVIDING FOR FEES TO BE CHARGED RELATIVE TO ZONING AND PLATTING IN ACCORDANCE WITH ORDINANCE 4191 Fiscal Consultant Chenoweth informed Council that as of January 1, 1983 LETTER OF Federal law will require that cities and other local governments register PROTEST TO their bonds forcing them to pay higher interest rates (because without SENATORS & registration the interest paid on bonds will be taxed), and recommended REPRESENTATI~ that Council consider sending letters of protest to Senators Durenberger RE: REGISTRA- and Boschwitz and Representative Vento. Following a short discussion, TION OF BONDS Councilmember Eggert moved, seconded by Mayor Warkentien, that the Clerk Administrator be directed to send letters of protest to the Senators and the Representative on behalf of a unanimous Council. Motion carried unanimously. Fiscal Consultant Chenoweth then presented a detailed report on the entire CHENOWETH process for the Albert/Pascal Street Improvement and explained the PRESENTS PROCEDURE FOLLOWED ON ALBERT/PASCAL PROJECT ~~ ~l P,lLI ANTES SPECIAL CITY COUNCIL MEETING NOVEi!tIDER 23, 1982 PAGE 5 procedure following from inception to completion. He also explained the procedure for payment of the bond issue on the project and the use of the MSA funds. CHENOWETH (cont.) 1 L Councilmember Larson brought to Council's attention the fact that Robert Blomberg is being assessed for his business r~roperty on Hamline Avenue in conjunction with the Albert~Pascal improvement and questioned whether or not the business profits by the improvement. Council discussed the use of the alley by customers, trash haulers, etc., and Engineer Lemberg stressed the fact that the utilities are in the alley. He also commented on the fact that the alleys are accessible to all whether or not they use them at this time. He mentioned that many homeowners with driveways existing onto the street have made those garages into additional living space and constructed garages on the alley. Attorney Swanson asked if Mr. Blomberg filed a written objection before the hearing to which Councilmember Larson replied that he had not, but that Mr. Blomberg did join in the class action suit. Mayor Vt'arkentien asked if the persons who did not protest in writing have no right to appeal, to which Attorney Swanson replied in the affirmative as they have not complied with the Statutes. Clerk Administrator Barnes asked if those who spoke at the hearing could appeal and Attorney Swanson stated they could not. Fiscal Consultant Chenoweth commented that it has not as yet been tested, and Attorney Swanson replied that it makes no difference as assessment appeals are Statutory and Statutes must be followed. Councilmember Chestovich brought to Council's attention that the way the Planning Commission Ordinance #171 is worded, it is possible that the terms of all members could expire at the same time in December of 198l~. Council discussed the matter together with the fact that the Human Rights Ordinance #8$ does not stipulate a definite number of terms to be served by the members. Following the discussion, the City Attorney was directed to draft amendments to both ordinances to correct these items. DISCUSSION ON BLOMBERG ASSESSMENT AMENDMENTS TO BE DRAFTED TO ORDINANCES 4{171 & 485 In view of the changes being made in the ordinances, Councilmember Chestovich PRESS inquired how the press release announcing committee% ommission vacancies RELEASE FOR should be worded. It was decided to word the press release to simply state COMMITTEE/ that there will be vacancies and interested parties should call the City COMMISSION Office for information. VACANCIES Council noted a letter from Bonestroo, Rosene, Anderlik and Associates, ENGINEERING Engineering Consultants for the City, advising of the increase in Engineer- RATES ing rates effective January 1, 1983. INCREASE Clerk Administrator Barnes requested that the matter of the Prosecuting Attorney be deferred until a Council Workshop could be held on the matter. Following a discussion Councilmember Eggert moved, seconded by Council- member Larson that a V~orkshop be scheduled for December 1.5, 1982 from 7:00 P.M. to 8:00 P.M. at which time the Prosecuting Attorney will be discussed. Motion carried unanimously. PROSECUTING ATTORNEY DISCUSSION DEFERRED _ :. UNTIL AFTER 1/12 WORK- SHOP ~l r~ NUTEs ST'ECIAL CITY NOVEMBER 23, PAGE 6 COUNCIL P,+IEETING 1982 Due to the fact that Council had previously discussed holding only one meeting in December, Clerk Administrator Barnes suggested that the meet- ing might be held in the middle of the month in order that there will not be such a long period between meetings. After a discussion, Council- member Eggert moved, seconded by Councilmember Larson, that the meetings scheduled for December 8, 1982 and December 22, 1982 be cancelled and that a special meeting be held December 15, 1982 at 8:00 P.M. Iv~otion carried unanimously. Councilmember Eggert moved, seconded by Councilmember Larson, that the Meeting be adjourned at 11:00 P.M. Motion carried unanimously. ._ , CC ~. ~ is A. ar en ien, ~ yor 1 L ATTEST: De an arnes, ler mZnistrator Special City Council Meeting of November 23, 1982 ~. ~ 12/8/82 & 12/22/82 MEET- ING CANCELLED SPECIAL MTG. SCHEDULED FOR 12/15/82 AT 8:00 P.M. ADJOURNMENT