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HomeMy WebLinkAboutCCMin_83Nov9MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 9, 1983 A regular meeting of the Falcon Heights City Council was called to order at 7:30 P.M, by Mayor Warkentien. Mayor Warkentien, Councilmembers Larson, Ciernia, Chestovich and Eggert. PRESENT Also present were Clerk Administrator Barnes, Attorney Gasteasoro, Engineer Schunicht and Fiscal Consultant Chenoweth. None. Councilmember Eggert moved, seconded by Councilmember Chestovich, that the Consent Agenda be approved as presented. Motion carried unanimous. 1. 2. !1. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1.1.1. 15. 16. 17. 18. 19. 20. 21. Falcon Heights Fire Reports #1-0115383 and 1-03683 Falcon Heights Ambt3axice Reports #2-090$3 - 2-09983 Lauderdale Fire Reports #3-01583 and 3-01683 Lauderdale Ambdance Reports #1~-01083 - !~-0l~1~83 General Payroll 10/1/83 - 10/15/83 $ 7,2110.811 General Payroll 10/16/83 - 10/31/83 $ 6,$27.83 Liquor Payroll 10/1/83 - 10/15/83 $ 2,053.03 Liquor Payroll 10/16/83 - 10/31/83 $ 2,037.78 General Disbursements 10/13/83 - 11/9/83 $1!19,789.511 Sinking Fund $ 5.110 Liquor Disbursements 10/11/83 - 11/7/83 $ 29,023.81 Liquor Stare Financial Report for September, 1983 Bi-monthly Financial Report Ramsey County Sheriff's Report for October, 1983 Letter dated October 27, 1983 from Ramsey County Historical Society Expressing Thanks for Assisting with Harvest Festival Letter dated October 12, 1983, from Clinton Hewitt Regarding Pro- prosed Upgrading of Roselawn Ave., Cleveland to 280 ABSENT .~ . ..:. CONSENT AGENDA APPROVED Letter of October 7, 1983 from Minnesota Water Resources Board Regarding Watershed Board of Managers Letter of October 31, 1983 from LMC -Hearing Dates for Minnesota Tax Commission Letter of October 31, 1983 from Ltd -Membership on 19811 LNG Conference Planning Committee Letter of October 19, 1983 from LN~C -Proposed Cable Legislation Notice from Ramsey County Community Human Services that Mary Duchaine, 1722 N. Pascal, has Applied for Day Care License Licenses - General Contractors: S~~lvestre Construction, Inc. #1067 5z11b - 111th Avenue South Minneapolis, MN 55!11.7 Phalan Construction #1070 816 Manomin St. Paul, MN 55107 Durabilt Associates, Inc. #1066 73113 Ann Court Eden Prairie, MN i1i13113 B & 0 Cement Contractors #1069 10010 Palm Street NW Coon Rapids, MN 551133 Arend & Sons #1.071 1227 Tiller Lane Arden Hills, MN 55112 Pressler Roofing & Siding Co. #1073 3~5 White Bear Avenue White Bear Lake, MN 55110 M.J. Moser Construction #1072 8117 - 19th Avenue North South St. Paul, MN 55075 E11man Construction Co. #10711 11.125 Hewitt Avenue St. Paul, M~1 5.51011 MINUTES ~, ~ ` REGULAR CITY COUNCIL MEETING NOVEMBER 9, 1983 PAGE 2 22. League of MN Cities Action Alert dated November 2, 1983-Industrial Development Bond Authority Attacked in Congress 23. Building Inspectors Report for October, 1983 2l~. Planning Commission Minutes of November 7, 1983 Councilmember Eggert moved, seconded by Councilmember Chestovich, that the MINUTES OF Minutes of October 12, 1983 be approved as presented. Motion carried unani- 10/12/83 mously. APPROVED Councilmember Ciernia reviewed the October 26, 1983 Workshop regarding LARPENTEUR/ redevelopment of the Larpenteur/Snelling area and stated he felt two SHELLING action iteans resulted from the workshop: (1) the potential for a DEVELOPMENT community development block grant, and (2) form a redevelopment commission to deal with the issues of phase 2. Planner John Uban explained that the City could apply for a community development block grant but the deadline for applying is February 1, 198.4. He felt the important items needing immediate attention are: (1) establish- ment of a tax increment district and redevelopment district, (2} clarification of private involement in the pro3ect and (3) scheduling of public hearings prior to the completion of the application. He explained that items con- sidered in the application are the character! of the community (percentage of low to moderate incomes, which Mr. Uban felt would be helped by the high student population) and the projects must aim toward some improved condition for that group--basically employment in this instance - typical downtown development. Councilmember Ciernia asked if Mr. Uban felt it is worth pursuing and Mr. Uban replied in the affirmative even though it should have been started earlier. Mr. Uban added that he felt with tight scheduling it could be accomplished. In reply to a question from Council- member Ciernia Mr. Uban stated that a typical grant request would be approximately $200,000. He again stressed that if the choice is made to go ahead with the grant request, it should be done as quickly as possible. A discussion was held concerning whether or not to form a redevelopment commission and who should serve. Don Grittner, Chairman of the Citizen Advisory Committee, stated he felt that committee should be disbanded be- cause it is oriented to the northeast corner and a redevelopment commission should be better represented by people in other areas. He questioned whether there was a need for a redevelopment commission or if it was the duty of the Planning Commission. Councilmeunber Ciernia was of the opinion that a commission should include some Planning Commission members and Mr. Grittner pointed out that it should not be too local in scope and should include businessmen who do not reside in the City. John Uban advised that if industrial revenue bonds are to be used for any of the redevelopment, it would have to be done before the end of the year as the legislature may be changing the language of the law to in- clude limits on what can be done. He felt it would be good to form a redevelopment commission to maintain continuity of thought among the landowners, the neighborhood, Planning Commission and staff. Fiscal Consultant Chenoweth also stressed the fact that the industrial revenue bond authority is being questioned by the legislature and possible changes could be detrimental to projects such as the one being discussed, however, there is much opposition to the proposed changes. He agreed with Mr. Uban that Council, should, as soon as possible, r~NUTES ~: ' :~ REGULAR CITY COUNCIL MEETING NOVEMBER 9, 1983 PAGE 3 go on record as intending to make use of industrial revenue bonds. The LARPENTEUR/ Attorney will draft a resolution to that effect for Council's review SNELLING Clerk Administrator Barnes informed Council that he had met with Milton (cont.) Cohen, owner of the business property on the southeast corner of the Larpenteur/Smelling intersection and he expressed interest in building a structure on the tract of land. He is contemplating a four story build- ing which would encompass retail and office space including a restaurant, the pro3ect to be in the area of $15,000,000. Councilmember Eggert was of the opinion that unless Bullseye shows a desire to do something other than has been indicated in Plan 2, that Council should accept what Bullseye stated at the Workshop meeting - that they are anxious to go ahead with the planning to build on their property. He felt that discussions on the southeast quadrant, which are very preliminary, should not deter going ahead with the plans. Council- member Eggert stated he saw two problems, the disposition of the liquor store and disposition of the garage. Mayor Warkentien was reluctant to give the "go ahead" now if the other development is pending and f eft it would be desirable to have both areas as part of one development package. Council- member Ciernia indicated he would like to see something more definite on the Cohen proposal, but as far as the northeast corner is concerned, it is owned by Bullseye and needs to be addressed as such. He also felt the Clerk Administrator should prepare a financial assessment of the costs of operation of the liquor store--the amount the City would lose in revenue and net worth of the property, and that Clerk Administrator Barnes should be authorized to meet with the owners of the gas station body shop regard- ing future plans. Dennis Hunt, President of Bullseye Golf, wanted to know if they could start with Plan A and then proceed to Plan B. The lease on their present facility expires October 31, 198t~ and they need time to build the new building. He stated Bullseye can finance Plan A but when proceeding to Plan B, financing from other sources is necessary. After considerable discussion, Councilmember Ciernia moved, seconded by Council- member Eggert, that Council accept in principal Plan B as recommended by the CITIZENS neighborhood committee and go on record that it is the City's intent to pursue COMMITTEE with Bullseye the development of the eight commercial blocks using the criteria PLAN B set by the neighborhood Plan B. Upon a vote being taken, the following voted ACCEPTED IN in favor thereof: Councilmembers Larson, Ciernia, Chestovich and Eggert, and PRINCIPAL the following voted against the same: Mayor t°arkentien. Notion carried. Councilmember Eggert moved, seconded by Councilmember Ciernia, that the Clerk Administrator: (1) develop data on profits for the liquor stare during the past five years and the net assessment of the disposition of the building, severance pay for employees, etc.; (2) discuss with the owners of the gas station their feelings about redevelopment and relocation; and (3) discuss the same with the owner of Embers. Motion carried unanimously. After giestioning Mr. Uban with regard to conflicts of interest with the City of Roseville and Embers, Mr. Uban's assurance that there would not be a conflict, CounciLnember Ciernia moved, seconded by Councilmember Larson, to continue the City's relationship with the Dahlgren firm to work on the redevelopment of the Larpenteur/Smelling area at the direction of the City Council on matters which they determine a planner is necessary. Upon a vote being taken, the following voted in favor thereof: Council- CLERK ADM. TO MEET WITf OWNERS OF STATION & EMBERS & TO PREPARE DATA ON LIQUOR STORE DAHLGREN ASSOC. TO CONTINUE AS PLANNER ON LARD/SNELL- ING MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER. 9, 1983 PAGE ~. members Larson, Giernia, Chestovich and Eggert, and the following voted against the same: Mayor Warkentien. Motion carried. Councilmember Eggert moved, seconded by Councilmember Ciernia, that the Dahlgren firm pursue acquisition of a Community 31ock Grant. Motion carried unanimously. Bob Collins, representing 13u11seye Golf, asked if Council wanted drawings and specifications and when, and iP they could work with Mr. Uban in that regard. Councilmember Ciernia replied that a drawing with approximate costs would be needed and that he had no objection to the Dahlgren Firm giving planning input. Most other Councilmembers concurred. Mayor Warkentien brought to Council's attention the League of Minnesota Cities Action Alert memorandum dated November 2, 1983 regarding proposed changes in industrial development bond authority. Following a short discussion, Mayor Y~'arkentien moved, seconded by Councilmember Larson to adopt Resolution $3-37. Motion carried unanimously. RESOLUTION 83-37 A RESOLUTION IN OPPOSITION TO THE FEDERAL GOVERNMENT'S LIMITING INDUSTRIAL/COMMFI3CIAL BOND FINAI~ING Mayor Warkentien presented proposed optional Appendix E relating to requiring installation of sprink~.er systems in apartment houses and other public buildings. Assistant Fire Chief Leo Lindig exphined the background on the need for the sprinkler systems. Mayor Warkentien presented a letter from several concerned apartment owners who under- stood that Appendix E would require .sprinkling in existing buildings and requested that the matter be deferred to the first meeting in December in order that more information might be obtained. Mr. Lindig stated that it applies only to new construction, extensive reconstruction, additions to buildings and changes in occupancy. Melvin Spiegler, owner of the apartments on Fry Street, addressed Council to go on record as being in opposition of Appendix E. Council deferred the matter until December 11~, 1983 and directed the Clerk Administrator to notify all commercial property owners. James Maenner, representing the Charles Hawkins Estate, reviewed the rezoning request for the remaining 5.28 acres of the Estate. He ex- plained that the Estate is requesting B-1 zoning with the following restrictions: (1) Falcon Heights Council will have control over exterior features of arxy building erected on the property in order that zt will conform in architectural style to the Community Building, and Hewlett Packard, (2) no variances will be granted for arty building, and (3) adequate screening and berming will be created at the north end of the property when building takes place. Councilmember Ciernia stated the Planning Commission had difficulty with the legality of conditional zoning and asked the City Attorney for an opinion. Attorney Gasteazoro felt that since the zoning ordinance is in the process of being updated, it would be appropriate to have the issue addressed by the new ordinance, which will probably be completed be- fore the end of the year. After further discussion on the rezoning LARPENTEUR/ SNELLING (cont.) PLANNER TO PURSUE GRANT RESOLUTION 83-37 APPENDIX E RELATING TO FIRE SUPR.ES- SION SYSTEMS DEFERRED TO l2/1!a f 83 cxARLEs HAWKINS ESTATE REQUESTS B-1 ZONING ON REMAINING 5.28 ACRES MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 9, 1983 PAGE 5 .~ ~~.=~ process and the return of the damage costs caused to the Hawkins property, HAWKINS and upon the recommendation of the Planning Commission, Councilmember {cont.) Eggert moved, seconded by Mayor T-arkentien, that Resolution 83-38 be adopted showing it is Council's intent to show the Hawkins property zoning as B-1 on the revised Zoning map. Motion carried unanimously. RESOLUTION 83-38 A RESOLUTION IN SUPPORT OF THE PLANNING COMMISSION'S RECOMMENDATION THAT CERTAIN PROPERTY OWNED BY THE CHARLES HAWKINS ESTATE BE REZONED Engineer Schunicht explained that the reason the bezming is not being constructed on the northern boundary of the Hawkins property is because there is a lack of dirt, however, the berming would be done at a later date using soil displaced when excavations take place for construction of a building on the property. Councilmernber Eggert moved, seconded by Councilmember Chestovich, to approve the real property lease agreement between the City of Falcon Heights and the North Suburban Cable Commission for rental of office space for the Cable Administrator. Motion carried unanimously. Mayor Warkentien presented a letter dated October 2E>, 1983, from Juanita M. Mulkey, 13t~8 W. Idaho, requesting the City reimburse her for $230.95, the cost incurred when the sewer backed up into the baseanent of her home. Clerk Administrator Barnes reviewed past problems incurred at that address and recommendations made to Mrs. Mulkey in the past to remedy the problem, which have not been done. He also stated the City was not responsible for the blockage, which had been caused by a drain cleaning firm pushing roots into the main line when cleaning a line at some other home in the area. Councilmember Chestovich moved, seconded by Councilmeanber Larson, that reimbursement be denied and that the homeowner be sent a letter of explanation. Motion carried unanimously. Councilmember Chestovich moved, seconded by Mayor Warkentien, to accept, with regret, the resignation of David Ekern, 7-l~lt2 W„ Iowa, from the Park and Recreation Commission. Motion carried unanimously. Mayor Warkentien presented and moved the adoption oi' Resolution 83-39- The motion was seconded by Councilmember Ciernia, and upon a vote being taken, the following voted in favor thereof: Mayor Warkentien, Council- members Larson, Ciernia and Eggert, and the following voted against the same: Councilmember Chestovich. Motion carried. RESOLUTION 83-39 A RESOLUTION COMMENDING MARGARET 7~STY FOR HER CONCERN FOR HER. NEIGHBORHOOD 7CN THE ACTION SHE TOOK IN THE APPREHENSION OF A BURGLARY SUSPECT Engineer Schunicht reviewed the progress on the 1ak~3 overflow problem. In regard to the Phalen and Beaver Lake overflows, .it has been recommended RESOLUTION 83-38 BEftMING OF HAWKINS PROPERTY EXPLAINED LEASE A ~~ NT WITH CABLE COMMISSION APPROVED REQUEST FROM JUANITA MULKEY, 1348 IDAHO, PAYMENT FOR SEWER BACKUP DENIED DAVID EKERN, 11a2.i2 W. IOWA, RESIGNATION FROM PARK & REC. COMM. RESOLUTION 83-39 LAKE OVER- FLOW UPDATE MINUTES ~ ~ ~~ REGULAR CITY COU:~C IL MEETING NovII~ 9, 1983 PAGE 6 that the Metropolitan Waste Control Commission build anew sanitary OVII~.FI,OW sewer to pick up sewage from that end of town and sell the eacisting (cont. ) combined sewer back to the City of St. Paul, which would accomplish two things: (1) the combined sewer wauld then become a storm sewer that would take the overflows from Phalen and Beaver Lakes and (2) provide the City of St. Paul with the future connection to separate the entire area. The Waste Control Commission would install an $11,000,000 facility which would be paid for by residents in Sewer Dist- rict No. 1 and the intercepter sold back to St. Paul in the amount of $1,000,000 to $5,000,000. St. Paul would then charge the users to help pay for the purchase. By 1985, as part of the overall solution, the overflow charges for McCarrons and Como would be dropped from being charged directly to the parties involved. Engineer Schunicht recommended that Falcon Heights agree to participate in the whole solution which would increase the sewer charges to the City by $8,000 per year for 15 years, but would be a final solution. Mayor Warkentien and Engineer Schuni.cht will attend the November 17th meeting of the Lake Overflow Technical Advisory Committee and at that time an opinion would be expressed as to whether or not the City agrees with the recommended solution. After further discussion, Council concurred that it is a reasonable solution and should be supported. cauNCILMEMBEa Councilmesnber Eggert departed at ZOs03 P.M. EGGERT DEPARTS Engineer Schunicht reviewed his continued work on participation in the watershed districts. After a discussion on participation charges, ~TATERSHED benefits and voting procures, it was decided to discuss at a f~ituz?e UPDATE date whether watershed matters should require a nn~n;m,ous vote, a three-fifths or four-fifths vote. Council noted a letter from the Board of Ramsey County Commissioners RICE CREEK advising that the term of Lloyd H. Scott, Sr., presently a meanber of the WATERSHED Rice Creek Watershed District Board of Managers, will expire on January 17, APPOINTMENT 1983. Council went on record as approving the reappointment of Mr. Scott. Councilmember Larson moved, seconded by Coauicilmember Ciernia, that Resolution 83-lt0 be adopted. Motion carried unanimously. gESOLUTION 83-tt0 RESOLUTION 83-ISO A RESOLUTION ESTABLISHING INCREASED HEATING PERMIT FEES FOR THE CITY OF FAI~ON HEIGHTS II~REASE IN Council noted a letter from Bonestroo, Rosene, Anderlik and Associates, ENGINEERING Inc. presented increased engineering rates for 19811. RATE NOTED Engineer Schunicht explained the berming that is taking place as a part of the Hewlett Packard addition. Residents have been concerned regarding: ~~~ (1) the proximity of the smaller berm to the property lines, and (2) the PACKARD height of the larger berm. He felt the smaller bean was within areason- BER1~tNG able distance, but that the slope of the larger berm would be pushed back ~pI,~gl~ geatly instead of the abrupt slope presently existing. This is being accomplished at Engineer Schunicht~s direction. MINUTES REGULAR CITY COUNCIL I+~TI NG NovEt~c 9, 1983 PAGE 7 t Attorney Gasteazoro explained that the meeting originally scheduled t with the City and Yestlund ConBtruction Company regarding the Community Building Contract was postponed due to a death in the Westlund family and will be rescheduled. The possibility of establishing a pleasure ice rink at Falcon Heights School was discussed. Councilmecnber Ciernia felt an item should be in- cluded in the January, 19811 Newsletter asking residents of that area if they wish to have the rink and if they would volunteer their time to work as an attendant. After a short discussion, Mayor Waxkentien moved, seconded by Council- member Larson, that Ordinance #202 be adopted, aid that the Clerk Admini- strator be authorized to publish the .same. Motion carried unanimously. ORDINANCE N0. 202 AN ORDINAI+~CE AT~QUIRSNG ~ LIC$NSII~ OF_ 3~1IDT OR SEWE~t CONNECTION CLEANERS AND AMENDING ORDINANCE NO. 156 PROVIDING FOR A LICENSING FEE FOR SUCH PERSONS Clerk Ac~ni.nistrator Barnes informed Council of the problem the City has been having regarding hedges growing on the Lindig right-of -way over the gears. The residents have been notified on several occasions but no action has been taken. After a discussion concerning the problems caused by the hedges during snow removal, Attorney Gasteazoro :recommended that the same procedure be followed as was done when trees were obstructing the view on Larpenteur Avenue. The Engineer will condemn the hedges and the Attorney will write a letter informing the residents. Attorney Gasteazoro explained that she has researched the use of park dedication funds and that State Statute provides that the money is to be used for the purpose for which it was acquired,. whatever is indicated in the Park Dedication Ordinance. Funds can be used for parks, play- grounds, trails or open space, and playground equipment. Councilmember Ciernia asked if the money could be transferred to the capitol improve- ment fund and Attorney Gasteazoro replied that it must be dedicated to the public or preserved far a public use as a park. Funds could be used for tennis courts, playground equipment or other items considered to be an extension of a park or playground. The funds can be placed in the capital improvement fund but cannot be used for general maintenance. An invitation for Falcon Heights residents to attend an Open House at Falcon Heights Learning Center on Wednesday, November 16, from 10:30 A.M. to 1:30 P.M. was noted. Clerk Administrator Barnes explained that some residents of Falcon Woods No. 2 were concerned because they were not aware of the pre- payment procedure on the assessment for storm sewer in that area. After discussing the matter with Ramsey County, the Tax Department agreed that the residents would be allowed until November 15, 1983 to prepay the assessment with interest charged only through December 31, 1983, if Council adopts a resolution to that effect. Council- member Chestovich moved, seconded by Councilme~nber Larson, that Resolution 83-1~1 be adopted. Motion carried unanimously y' 9 MEETING WITH WEST- LUND CONST. POSTPONED PLEASURE RINK AT F.H. SCHOOL DISCUSSED ORDINANCE N0. 202 LINDIG HEDGES ON RIGHT-0F WAY DISCUSSED USE OF PARK DEDICATION FUND EXPLAINED OPEN HOUSE AT F.H. LEARNING CENTER NOTED FAIEON WOODS #2 ASSESSMENT PREPAYMENT DISCUSSED 1 MINUTES REGULAR CITY COUNCIL MEETING NoVEMBEK 9, 1983 PAGE 8 RESOLUTION 83-l~1 A RESOLUTION RELATING TO SPECIAI, ASSESSMENTS OF THE CITY OF FALCON HEIGHTS Clerk Administrator Barnes presented a memorandum from Larry Squires, City Building Inspector, proposing that the City's share of the Building Permit Fees collected for commercial and industrial pro3ects be increased to 50~ retroactive to October 1, 1983. Following a dis- cussion, Councilmeanber Larson moved, seconded b'y Councilmember Ciernia to approve the proposal. Motion carried unanimously. Councilmember Larson moved, seconded by Councilmember Ciernia, that the meeting be ad3ouxned at 10:50 P.M. Motion carried unanimously. ~CX-I~~ 7 G'Z ' Willis C. A. Warkentien, Mayor ATTEST: // , Dewan B. Barnes, Clerk Administrator Regular City Council Meeting of November 9, 1983 `~_~, RESOLUTION 83-~1 CITY TO RECEIVE HIGHER PER- CENTAGE OF BUILDING PERMIT FEES ON COMMER- CIAL PROJECT ADJOtTANMENT