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HomeMy WebLinkAboutCCMin_83Dec28MINUTES - REGULAR CITY COUNCIL MEETING llECEMB~Ett 28, 1983 - A regular meeting of the Falcon Heights City Council was called to order at 7:30 P.M. by Mayor warkentien. Mayor Warkentien, Councilmeanbers Ciernia, Chestovich, and Eggert. Also Pttr:S~;NT present were Clerk Administrator Barnes and Attorney Galvin. Councilmember Larson. ABSEPd'1' Councilmember Ciernia moved, seconded by Councilmember Eggert, that the CONSENT Consent Agenda be approved with the removal of item number 7 (Ambulance AGENDA Billings for 1983) to be considered as part of the Council agenda. Motion APPR.OVr;L carried unanimously. 1. General Disbursements 12/15/83 - 12/28/83 ~17,023.1~2 2. Liquor Disbursements 12/13/8] - 12/23/83 $15,745.80 3. General Payroll 12/1/83 - 12/15/83 $ 7,021.84 4. Liquor Payroll 12/1./83 - 12/].5/83 ~ 2, 319.21 5. t3uilding Inspector's Report for November, 1983 6. Prosecuting Attorney's Statement for November, 19$;3 7. Letter dated December 15, 1983 from John Rutford, Metropolitan Council to Trudy Gasteazoro Regarding the Zoning Ordinance 8. Gas Installers License #4i.~4 Arneson Heating Service Compan~r 139 Concord change South jt. Paul, MN 55075 Councilmember Eggert moved, seconded by Councilmember Ciernia, that the MINUTES OF Minutes of December 14, 1y83, be approved with the following corrections: 12/14/83 (Page 3, Paragraph 3, Line 6, change "and he" to "and Mr. Kristal", APPttUVED Page 4, Paragraph 5, indicate that Mayor warkentien was late due to trie fact that he had been attending the ttamsey County League Meeting, and, Page 5, Paragraph 4, delete Lines 4 and 5 "Council f eft, etc.". Motion carried unanimously. After a discussion regarding Appendix E, Automatic suppression systems, APP~;NDIX E & and the location of the Civil liefense Siren location, the matter was SIn~;N IT~IS deferred to February 22nd or later in order that Attorney Korstad, LEF~E~D representing the apartment owners, could be in attendance. Councilmember Chestovich moved, seconded by Councilmember Ciernia, that CHr,Y;K x#15787 Check x#15787 dated June 8, 198] for $16.39, issued to Ray Davis and Sons, CANt;r:T,T,F.II be cancelled. NIotion carried unanimously. Councilmember Chestovich m roved, seconded by Councilmember Eggert, that CHECK X15981 Check X15981 for X135.00 dated August 10, 1y83 issued to Jane Wright CANt;r:T'('Fll & be cancelled and that a new check be issued. Motion carried unani- NEW CH~;CK TO mously. 1~; ISaUEu Councilmember Ciernia moved, seconded by Gouncilmember Chestovich, PAYMENT OF that payment in the amount of $28,86].,31 to Austin P. Keller for the X28,863.31 Falcon woods ~2 and ~3 Improvements be approved. ~e City is retain- TO AUo`l'IN F. ing X17,500 for work to be completed in the spring. Motion carried KELLEtt APpttC unanimously. MINUTES REGULAR CITY C OUNu TL MEh;'rING LECEMSF~t, 28, 1y83 PAGE 2 At 8:00 P.Pi. Mayor warkentien opened the Public Hearing on a Proposal for a Commercial Facilities Development Project and presented the Affidavits of Publication. Kobert Collins, representing Bullseye Go1P, referred to his letter of intent and stated that the paperwork was complete on the proposea Bullseye construction. He explained that in light of the last Council meeting, it appears the building will not be as large as originally discussed due to parking restrictions. Mr. Collins then requested Council consider passage of proposed Resolution 83-tug.. Attorney Galvin explained the Congressional bill which imposes a sunset on industrial revenue bond financing effective December 31, 1y8j. The proposed resolution makes certain findings of~fact and makes application to the State of Minnesota, Department of Energy and Economic llevelop- ment, for approval of a bond issue for a building that will not exceed lt0,000 square feet and a bond issue of not more than X1,000,000. He then thoroughly explained the resolution. Mayor warkentien stated he understood that if the project fails, the City is not liable and Mr. Galvin agreed. He explained that the underwriters, who will be underwriting the issue, or the financial institution purchasing the bonds or participating in the underwriting, will look for such additional securities from 3u11seye as they deem to be prudent and necessary and Mr. Co11in's clients may be required to post personal guarantees, some form of security or letter of credit, whatever is deemed necessary. Mr. Galvin then asked. who the under- writer or financial institution was. Mr. Collins replied that it had not been finalized but discussions were being held with r. Richard Nordland, First Corporate Service, and presented the letter of intent. Mayor warkentien ceanmented on the fact that Council took action on a resolution prepared by Attorney Gaateazoro, which was, in effect, to try to circumvent the change in the law. Mr. Galvin stated that the preliminary resolution which was adopted on November 30, 198 j, started the chain of events and expenses incurred after that date are considered to be bond financed projects. He explainea that there is a difference of opinion as to whether or not the preliminary resolution would make the City exempt from the sunset provision of the bill. Clerk Administrator Barneb inquired about the letter of intent from Mr. Nox~.nd and Mr. Galvin stated the letter indicates that they have examined the proposal and find it feasible. They have looked at the books, records and projections of income for Hu1l~eye and have con- cluded that the income from the facility would be sufficient to pay the debt service on the bond issue. Mayor Warkentien asked Mr. Collins if Mr. Cohen had been in contact with him and Mr. Collins replied they had talked and scheduled a meet- ing for January !~, 198t~. Mayor warkentien wanted to know if it would alter at~y of the present plans to which Mr. Collins replied that there is a potential that it would alter the ~„atter btzt die felt it would not affect arty action the Council takes at this time. . 1 PU}~,,IC HEARING ON P1~POoAL FOtt COMMr~tt- CIAL FACILI'1'- I~;S li~;Vr~LOP- MEN'1 PrtOJEC'r A'r 8:00 P.M. K03Eli.T COLLINo ATTORNEY GALVIN Councilmember Eggert asked if Mr. Collins had been in contact with Mr. ~~. MINUTES _ ~,~ REGULAR CITY COUNCIL MEETING 1~EC~IBEtt 28, 1983 PAGE 3 Kristal of the Embers and the owners of the service station. rSr. Collins replied that Mr. Hunth3d tried to contact Mr. Kristal but he was unavail- able. Mr. Collins stated he had several contacts with the filling station owners and had written them a letter suggesting that if they change their mindb about selling to get in touch with Mr. Hunt. 1 Fiscal Consultant Chenoweth suggested setting up in advance an escrow fund to cover the City's costs. Mr. Galvin stated that is was probably included under the administrative costs and that there will be certain costs incurred by the City, which are usually covered by the City's building permit and inspection fees, but if the City is required to perform the functions of a trustee, a nominal charge could be inserted in the final resolution. PUffi,IC HEARING There being no others wishing to be heard, Mayor warkentien closed the uLO~ED AT public hearing at 8:2 6 P.M. 8:2b P.r1. After further discussion, Councilmember Ciernia moved, seconded by Mayor warkentien, that Resolution 83-l~4 be adopted. Motion carried unanimously. REbOLU`PION 83-tat.t NESOLUTION 83-~ A RESOLUTION RECITING A PttOPOSAL FOtt A COMMERCIAL FACILITIES DEVELOPMENT PROJEt:T GIVII~ PRELIMINARY APPROVAL TO THE PROJECT PUttSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT A(:T AUTHORIZITdG THE SUHNII55ION OF AN APPLIuATION FOR APPNfJVAL OF THE PltOJEI:T Ta THE C:iI~SIONF~i, OF ENERGY AND ECONOMIC DEVELOP- MENT OF THE STATE: OF MINNESOTA AND AU'1HOxIZING THE PxEPARATION OF NE<E~ARY D(X:,UMENTS AND MATEttIxLS IN CONN~X:TION wITH THr; PROJr;CT After a short discussion, Councilmember Eggert moved, seconded by Council- DAHLGREN AERIA member Ciernia, that the aerial photobill of $200.00 submitted by PHO`!n BILL TO Dahlgren and Associates be paid. Upon a vote being taken, the following B,E PAID voted in favor thereof: Councilmembers Ciernia, Chestovich and Eggert, and the following voted against the same: Mayor warkentien. Motion carried. Clerk Administrator 3arnes reviewed information regarding the Rice Creek watershed District, Surface water Management and informed that they have requested positions be filled on certain committees. Engineer 5chunicht {who was unable to attend the meeting) had indicated that the City had such a small portion included in the district that it did not warrant the expense of an engineer's representation. The matter was deferred until a later meeting in order that Engineer 5chunicht may be in attendance. After a discussion concerning Engineer Lemberg's recommendation that final payment be made to Westlund Construction for the City Ha11 project, Mayor warkentien moved, seconded by Couneilmember Eggert, that payment in the amount of $10,440.50 be paid and withhold $5,000 until all problems are satisfactorily corrected. Upon a vote being taken, the following voted in favor thereof: Mayor warkentien and Councilmember Ciernia, and the following voted against the same: Councilmembera Chestovich and Eggert. Motion failed. After further discussion, it was suggested that the City Engineer determine the RIuE uttr,~Ex 1NATEtcSHEL LEF'ERtt~;D FINAL PAYMENT OF vITY HALL ~ON~TriI~ TION Dr~'EftttEll 1 MINUTES REGULAR CITY COUNCIL MEETING llECEMBER 28, 1983 PAGE !~ -~ ~~ .~. b~ r~ cost of the work to be completed to be presented at the next Council meet- CI`i7 HALL ing. Council also requested that Mr. Westland be asked to attend that (cont.) meeting. Councilmember Ciernia moved, seconded by Councilmember Chestovich, that the linking Funds in Account X103 in the amount of $7,303.72 and Account #107 in the amount of X4,419.57 be closed and applied to the General Revenue Fund ast~ell as any future receipts. Motion carried unanimously. Mayor warkentien moved, seconded by Councilmember Ciernia that the following salary increases be approved: Sosniecki X21,$00 per year Anderson X15,388 per year Benoit ~ u.00 per hour Barbos ~ 5.25 per hour Rolek X19,235 per year Motion carried unanimously. SINKING FUNL AC~OUNr~ 103 &107'1'U 1;L0 LI~UOx o1'UrcE E~'IPLOYLEo & ROI,EK SALAttY INCxEASE APPROVP:ll Attorney Galvin ref erred to Attorney Van de North's recommendations on LETTEtc YO Br; the Public Works Mutual Aid Association and after some discussion, SENT TO RO:~E- Mayor 4~rarkentien moved, seconded by Councilmember Eggert to authorize MLLE CITY the Clerk Administrator to send the letter recommended by Mr. Van de North ~NGINEEttttE: (with corrections) to PSr. Honchell, City Engineer of the City of Roseville. MUTUAL AID Motion carried unanimously. AGttx~EMr;NT Attorney Galvin reviewed the letter from John F. Hannigan, Jr. describing LAKE the overflow findings of Judge Schultz since the court reaffirmed its OVErcFLOw original decision. Mr. Galvin did not recommend appeal but will discuss B'INLINGo tie matter with Attorney Van de North and give the City a written recommendation. Attorney Galvin reviewed the James lhzchaine, 1722 Pascal, court case LUCHAINE regarding car repairs in a residential district. If any violations or VAR ttEPAltt complaints occur, the Clerk Administrator will advise the Prosecuting SASE Attorney, who could move to reopen the case or issue an additional REVIEW~11 complaint. Councilmember Ciernia moved, seconded by Councilmember Chestovich, to write off delinquent ambulance accounts in the amounts of $226 and $35.00 and puruse the other delinquent accounts through Conciliation Court. Notion carried unanimously. Following Mayor Warkentien~s departure at 9:20 P.M., t~hirley Chenoweth briefed Council on the retirement party for Mayor Warkentien. Council- member Ciernia moved, seconded by Councilmember Eggert, that Resolution 83-45 be approved. Motion carried unanimously. RESOLUTIUN $j-45 A RESOLUTION COMMEI`tDING 4uILLIS u. A. wARK~NTIr:N FOR HIS YEARS OF SERVIuE ~ THE UITY Or' FALt;ON HEIGHTS L~LINQUr:N`i' AMBULANc,E ACCOUNTS MAYOtt 11~:PAttTS xETIttENtENT PARTY UPLA1~: RE:~QLU'PION 83-t~5 MINUTES REGULAR uITY UOUNCIL 2~TING ~C~I3N~tt 28, 1983 PAGE $ s. Councilmember Chestovich moved, seconded by Councilmember Ciernia, that AyJOUtcNMENY' the meeting be adjourned at 9:27 P.M. Motion carried unanimously. Willis C. A. warkentien, Mayor ATTE~'1': i ~ ,~~~ ~~~ swan 3. Barnes, Clerk Administrator Regular City Council Meeting of liecember 28, 1983