Loading...
HomeMy WebLinkAboutCCMin_78Mar2232 MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 A regular meeting of the City Council of the City of Falcon Heights was called to order by Mayor Warkentien at 7:30 p. m. Mayor Warkentien, Councilmembers Black, McGough, Steele PRESENT and Brown. Also present were Clerk Administrator Barnes, Engineer Brad Lemberg and Atty. John Kenefick. None. Councilman Steele moved, seconded by Councilman Black to approve the Consent Agenda excluding the applica- tion for General Corporate License of Howard Merrill, Inc. deferred to April 12, 1978 meeting. Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. ABSENT CONSENT AGENDA 1. Fire & Rescue Reports 23 thru 28 2. Ramsey County Sheriff Report - Feb., 1978 3. General Payroll in the amount of: $4,257.46 4. Liquor Store Payroll in the amount of $1,937.84 5. General Disbursements in the amount of: $94,611.15 6. Liquor Disbursements in the amount of: $18,154.78 7. License s: CIGARETTE LICENSE North Starr Speedway #485 131 Big Circle Drive St. Paul, Mn 55117 State Fairgrounds Motorcycle Rally/Trade Show ON SALE NON-INTOXICATING MALT LIQUOR North Starr Speedway #230 131 Big Circle Drive St. Paul, Mn 55117 State Fairgrounds Motorcycle Rally/Trade Show LJ Councilman McGough moved, seconded by Councilperson MINUTES OF Brown to approve the minutes of March 8, 1978 as amended. MARCH 8, 1978 Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown and the following voted "nay": None. Motion carried. MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 PAGE 2 Clerk Administrator Barnes discussed the notification from NSP regarding the gas franchise, for operating, maintenance and repair of facilities. No action taken, discussion deferred to April 12, 1978. Clerk Administrator Barnes discussed city policy re- garding sewer back-up into private residences. Atty. Kenefick read a letter sent to the Patrick Kelley residence, 1402 W. Larpenteur from the City's insurance company in which they notified the Kelley's payment of damages was denied. Atty. Kenefick noted to council that in view of the denial, the Kelley's served notice for payment to the City, and noted amount due. The notice serves as a prerequsit prior to going to claims court to sue the City. Clerk Administrator Barnes re- ported total cost the Kelley's had submitted, the total being $179.12 ($149.00 for carpet, $17.64 for shampoo, cleaner and rinse and vac machine - $12.48). Council- man Black moved payment of $179.12 to Patrick Kelley for damages caused by the City sewer back-up. Council- man Steele seconded. Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. Attorney Kenefick discussed the policy statement that had been drawn up to be used as a guide line in handling sanitary sewer back-up problems concerning private homes. Councilman McGough moved, seconded by Councilman Black to adopt Resolution 78-12 covering policy statement concerning sewage back-up. RESOLUTION 78-12 A RESOLUTION ESTABLISHING A POLICY STATE- MENT CONCERNING SEWAGE BACK-UP 1. The City does not have adequate main- tenance personnel or equipment to provide cleanup for individual property owners. It would be unfair to provide assistance in some situations and not in others. 2. The City recommends that property owners obtain professional assistance in clean up of sewage debris if necessary. 3. If it is subsequently determined that the sewage back-up was the responsibility of the City of Falcon Heights: (a) Bills would be submitted to the City's insurance company for payment; and (b) In the event the insurance company refuses payment, property owners may file a claim against the City in accordance with statutory proceedures. 3 NSP GAS FRAN- CHISE SEWER BACKUP POLICY CITY POLICY STATEMENT - SEWER BACK-UP 1 MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 3 This issolely a statement of policy by the City of Falcon Heights concerning the problem of sewage back-up. Nothing contained in this statement shall contain an admission by the City that its insurance carrier will pay any particular claim or that the City will pay any particular claim filed against it. Pay- ment or claims by either the City or its liability carrier are to be determined on an individual basis. Mayor Warkentien called to order at 8:00 p. m. the public hearing on the Idaho Avenue Curb 8 Gutter Assessment relative to the improvement between Arona and Pascal. The Mayor further informed the audience the affidavit of publication and certifica- tion of mailing was on file in the Clerk Administrator's office and informed the audience that the proposed assessment has been computed at $12.33 per front foot on all benefitte~ property to defray the total cost of $14,796.00. At this time Mayor Laarkentien requested Engineer Lemberg to review the construction data with the council and those in attendance. 3 ~~ POLICY STATE- MENT (CONT.) IDAHO AVENUE CURB ~ GUTTER ASSESSMENT HEARING Engineer Brad Lemberg reported the project was completed ENGR. LEMBERG in the fall of 1977 and that the project was broken into four separate parts, of which Idaho Avenue was one section. Just to go over the quantities used on this project, bituminus removal was estimated at 344 sq. yds, 500 sq. yds actual used, concrete curb removal est. at 260 ft., actual use 283.5 ft., 100 gal. protective coat, actual use 70 gal.,. concrete sidewalk est. based on the surveys, 240 ft., actual use 699 ft., concrete curb and gutter, 1,250 est., actual 1,270 ft. Sodding in place, 540 sq. yds. est., 486.33 actual. The final construction cost of the pro- ject was $11,886.85. The quantity difference is $892.61 over the previous estimate. There were numerous problems on the project, such as the contractor started excavating blacktop all the way across the street, as soon as it was noted, they were stopped. However, by that time they had excavated most of the street and they were immediati-ly in- formed they would replace that at their own expense. A couple other problems did occur on the project, curbing at the southwest corner of Pascal and Idaho was placed incorrectly twice by the contractor and twice removed by the contractor at his cost. There were some changes re- quested by the residents, additional sidewalk and additional carriage walks that were put in as part of the project accounting for the over run on the sidewalk quantities. The project is now completed and the final estimate has been paid to the contractor, C.S. McCrossan. MINUTES REGULAR CITY COUNCIL MEETING : '3 MARCf~ 22 , 1978 Page 4 Councilman Steele questioned why there was so much COUNCILMAN more on sidewalk construction. STEELE There were several carriage walks put in and several ENGINEER replace d, not originally included in the project and LEMBERG the corner at the end of the street at Pascal, both corners, sidewalks were put in. The additional carriage walkways were requested by the homeowners making an over run. In other words, the homeowner, when re- questing the additional carriage walk is really in- creasing costs and should be informed of this. In some cases we had to replace them because of the grades, but in most cases, the carriage walks were placed at the request of the homeowner, because of broken up sidewalks, or misalignments, a couple of them were low, they were replaced at their request. They would not have been replaced normally? COUNCILMAN STEELE No, they would not have under the contract. ENGINEER LEMBERG So the homeowner is asking this to be done? At the COUNCILMAN same time, was the homeowner told this would cost STEELE extra? This was discussed at the time with Clerk Administrator ENGINEER Barnes and the contractor and in addition to that, LEMBERG there was one large driveway that was totally replaced, our normal driveways out here have been carried back 3' from the curb, this was carried all the way back to the lot line rather than putting in a bituminous narrow strip. There was quite an overage of bituminous than what COUNCILMAN was estimated. STEELE There was an overage of 25 tons, approx. two truck ENGINEER loads. This again was something Mr. Barnes and I LEMBERG discussed, on the east end of the project, there had been for many years, water standing at that inter- section, a Swale was installed to carry the water around the intersection. You have a difference of $4.33 from the estimated GEORGE KILGORE assessment cost. 1494 Idaho We are talking construction costs, not overall costs, ENGINEER engineering, et<:, `r1_e scd estimate is under, side- LEMBERG - walk is over. I can't estimate bituminous down to two ANSWERS TO loads, I don't think anyone can. Because if there is AUDIENCE a 2" difference in street grade, you can use up two QUESTIONS loads very easily. These are estimated quanties. MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 5 The estimated cost of the project at the time that it was estimated on Sept. 20, 1976, was $10,400 for all expenses. After that time there were requests for side- walks, some requests for other items, in addition there was inflation (70), all of these put together and in- cluding engineering brings it to a total cost of $14,700.00 in round numbers. 1 I think the difference partially was in the cost of the construction, it was estimated at approx $8,000 and it came in at $11,000 plus. Estimated assessment was $8.92 per front foot and came in at $12.33 per front foot. Most of the problem was interference from property owners to reset the grade, sidewalk and driveway replacement. Engineering costs are all itemized by hour and day and on record. You say double staking was charged off? There was a request by the residents to change the grade and that was changed and was not charged; there were a lot of hours that I spent out there that were not charged. I can read off the hours per month for every person who was on the job. 'CJ ENGINEER LEMBERG MAYOR WARKENTIEN ENGINEER LEMBERG How much extra was charged for engineering time on the DAVID ANDERSON present estimate verses the original estimate. In other 1512 Idaho words, the original estimate was $10,400 which included engineering. As I mentioned before, the contract that was let was ENGINEER $11,886.85 which does not include engineering, legal LEMBERG or administration. This was a council decision to bid the contract. Why did the construction costs go so high? RAY SCHOMMER 1497 Idaho As we stated before, the contract came in at a higher ENGINEER estimated cost and the residents requested the grade to LEMBERG be changed especially at Mr. Schommer's property by 11 inches. I believe we are not taking into consideration that the MAYOR contract was $1,400 over the total estimated cost back WARKENTIEN in Sept. 1976. In other words, the total cost was approximately $3,500 over the 1976 estimate. You must remember the 1976 figure was an estimated ENGINEER quantity and not based on final plans. LEMBERG MINUTES REGULAR CITY COUNCIL MEETING 3 ~ MARCH 22, 1978 - Page 6 Why were we led to believe it would be $8.92 per front RAY SCHOMMER foot and then .came in at $12,33 per front foot? Why 1947 Idaho weren't we notified? You were, all decisions were made at public meetings, ENGINEER of which Dave Anderson was in attendance, including LEMBERG the letting of the contract. Clerk Administrator Barnes informed those in attendance CLERK ADMINIS- that legal proceedures were taken as to publication TRATOR BARNES calling for bids and the date of the bid opening of which an affidavit is on file in this office, which included total construction from Hamline to Snelling Dr. How were we to know what portion was for our block... It was broken up in the bids and the block .improved came in at $11,886.85 which the council awarded. Was it published by individual blocks or in total? In total Is there any way you can break out the cost especially the carriage walks, as I contracted seperatly for them at a cost of $40.00. DAVE ANDERSON 1512 .Idaho ENGINEER LEMBERG DAVE ANDERSON 1512 Idaho ENGINEER LEMBERG DAVE ANDERSON The carriage walks are all in the contract price, and ENGINEER we have nothing to indicate they were paid by owners. LEMBERG I believe Mr. Barnes informed Mr. Anderson that every- thing should go through the City so we would have records on it . Clerk Administrator Barnes cpnfirmed Engineer Lemberg's statement. My neighbor also had his contracted and paid for it DAVE ANDERSON himself and possibly one other that contracted seperately 1512 Idaho with C.S. McCrossan. My question is, was there a double charge for this work andI am interested in seeing the facts. We do not have any record of you requesting this and ENGINEER it can be checked out. LEMBERG I would also be interested in knowing whether there MAYOR was a double charge in relationship to those two WARKENTIEN carriage walks. [1 1 MINUTES REGULAR CITY COUNCIL MEETING ~ MARCH 22, 1978 3 Page 7 The city council has instructed us not to permit private ENGINEER work being done on a public improvement job~'therefore~ LEMBERG we do not permit it, as council action of several years bears this policy out when Tatum Street was seal coated. I had inquired whether carriage walks and extensive DAVE ANDERSON sodding could be done and it was flatly refused. My 1512 Idaho question is to Lemberg, when we want it done, why isn't it possible? Clerk Administrator Barnes informed Dave Anderson that he must submit to the city in writting such a request and then council will determine if they will permit an add on to the job. That information was not passed on to me. Engineer Lemberg and Clerk Administrator Barnes informed Mr. Anderson that he was informed of the proceedure with C.S. McCrossan employees present when the policy was explained to him. CLERK ADMINIS- TRATOR BARNES DAVE ANDERSON 1512 Idaho Let's drop that. Is it a matter of truth that you must DAVE ANDERSON have curb cuts for the handicapped at the corners and 1512 Idaho was it in the contract or was that an additional cost to the contract. No, there is not additional costs. What were the actual engineering costs for Idaho? $2,314.04. Clerk Administrator Barnes advised council the $500 included in the total cost is for legal, administration, county costs and miscellaneous expenses that will be incurred. Engineer Lemberg advised council that there is a one year bond on the construction project and the contractor will have to make adjustments if needed, no further cost to the homeowner or city. Why is there some problem in drainage? ENGINEER LEMBERG DAVE ANDERSON 1512 Idaho ENGINEER LEMBERG RAY SCHOMMER 1497 Idaho The designated grade would have taken care of the problem, but the residents demanded a grade change. It was also ENGINEER determined that ice was in the gutter last week blocking LEMBERG the proper drainage. 1 [] MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 8 3 Mrs. Pederson, a former resident maintains water still MRS. JERALD stands in front of the house they lived in at Pascal and PEDERSON Idaho, especially on the sidewalk. 1463 Idaho Engineer Lemberg maintained no sidewalk construction was included in the project and the sidewalk was lower than the boulevard. There is no concrete curb and gutter to have water on Pascal, Idaho intersection. An attempt will be made to correct this when seal coating is done. Attorney Kenefick informed council that if any appeals were to be made in reference to the assessments, an appeal must be made within 20 days of the assessment hearing in. The appeals are to be made in District Court. Mayor Warkentien read a letter from Dave Anderson to Richard Jordan, subcontractor, requesting additional sod. This letter was not submitted to the city for consideration, which Mr. Anderson was informed must be done before any ENGINEER additional work can be done. LEMBERG Mr. Anderson stated it was a seperate contract they were requesting because the city woudn't add it on to the current contract. What can the council do about the extra costs? We feel RAY SCHOMMER we have someting coming, a lowering of our assessment. 1497 Idaho Some of the people are complaining they are assessed for the Arona deal and now the water is going the other way, so why should they pay that? Mayor Warkentien said it would not be proper to put a portion on general taxes as those not being benefitted would be required to pay for something they did not derive benefits from. Clerk Administrator Barnes advised Mr. Anderson again that we had informed him how we must proceed with add on to contracts at which time all interested parties left the council chambers. Mayor Warkentien moved acceptance of the assessemnt roll as presented. The people have the option of paying cash or paying in ten (10) ten yearly installments over the next ten years with 8o interest rates on the deferred installments. Councilman Black seconded. Upon a vote being taken the following voted "aye": Mayor Warkentien, councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 9 Fire Chief Jerry Renchin reported on the trip. to Elmira, New York to pick up the new fire truck. The per diem check received for the trip was $325.00, there was a refund of $41.03 returned to the city. While in Elmira the three men were given a tour of the plant and shown the assembly of a fire truck while being built. The new truck will not go into service for at least a month, this will allow time for all men to become familiar with the truck and its operation. During this time, they will also be transferring equipment to the new truck. The fire department is planning an open house atalater date. Fire Chief Renchin also reported that Mr. Nick Pothen had donated the burning of his old house for fire drill, located on Hamline. The dates discussed were April 1st or April 8th, 1978, they will spend the morning hours in practice and after lunch complete burning it down, depending on the wind. 4~ FIRE DEPARTMENT REPORT - JERRY RENCHIN Attorney Kenefick discussed the NSP Gas Franchise briefly. NSP GAS FRAN- Discussion was tabled to a future date. CHISE Discussion was tabled to April 12, 1978 Mayor Warkentien briefly discussed the vandalism at the Falcon Heights School warming house and whether it should be retained any longer. Discussion was tabled to April 12, 1978. Clerk Administrator Barnes discussed the following outstanding checks and requested they be taken off the books. Councilman Steele moved, seconded by Councilman Black to remove the following outstanding checks from the books: Payroll check #7710 issued to Fireman Ken Healy, issued on January 15, 1976 for fire drill attended on January 16, 1978 for $3.50 General Disbursement check #9455 issued to Paul Drach on February 26, 1976 for rink attendant services performed during Feb. 1976 for $4.00 General Disbursement check #10004 issued to Faye D. Olson on November 10, 1976 for election judge services performed during the 1975 (Nov. 4) elections for $4.00 ;~~~° Liquor Disbursement check #2723 made payable to St. Paul Board of Water Commissioners dated February 11, 1975 for $9.53 SALARIES, MAYOR & COUNCIL FALCON HEIGHTS SCHOOL WARMING HOUSE OUTSTANDING CHECKS MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 1Q RECREATION ADVISORY COMMITTEE Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmernbers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried.. Clerk Administrator Barnes reported there will be a hearing on March 29, 1978 at 9:15 a.m. regarding the unemployment claim of William Garlick. It was also noted that J. R. Kelley, former .employee of the liquor store has also filed for unemployment compensation against the city. Mr. Kelly's request will be appealed by the city. Councilman McGough reported. on the tree committee meeting held on March 21, 1978. Clerk Administrator Barnes was present at the meeting. There was general disappoint- ment on the size of trees that had been ordered. Council- man McGough felt the members were doing a good job and expressed his desire they continue to be active for the city. 41. NOTICE OF HEARING UNEMPLOYMENT COMPENSATION TREE COMMITTEE REPORT Councilman McGough also made note the U of M has granted permission to use the field west of the city hall to store the trees, in order for the roots to be covered until they can be planted. If it is going to be an extended period of time, Dr. French reported he would be able to secure the permission for the trees to be temporarily planted at the Falcon Woods Park. The committee discussed the possibility of hiring a super- visor for the tree planting as Dr. Fench is unable to. It would require a person familiar with planting operations. Councilman McGough will check with Charlie Hawkins on availability and cost involved. Mayor Warkentien reported he had talked with Mr. Chris NORTHWEST SUB. Clausan and they would like to have any councilmember YOUTH SERVICE attend the Ycuth Service Bureau meetings BUREAU MEETING Councilman Steele discussed the proposed sign for City CITY HALL SIGN Hall. The size will be approx. 8' x 5', using redwood materials for the planter box and sign, with the letters routed into the redwood and red, white and blue flowers at the base of the sign. Discussion tabled to April 12, 1978. Councilperson Brown reported on the Recreation Advisory Committee. The flyers are ready for printing and dis- tribution in Falcon Heights and Lauderdale. MINUTES REGULAR CITY COUNCIL MEETING MARCH. 22, 1978. Page 11 Councilman Steele informed the council the Development Committee meeting will meet fi= Falcon Woods Park and then go to City Hall mainder of the meeting. He also noted the accepted the resignation of Henrietta Thom committee. ~~ next Park PARK DEVELOP- ^st at the MENT COMMITTEE for the re- committee from the Engineer Brad Lemberg suggested the city would require RAMSEY COUNTY a united front to get Ramsey County to agree they aren't STREET LIGHTS going to press this law any further, there will be another meeting on the 29th of March, 1978 to discuss take over of street lighting. Engineer Lemberg requested authorization to represent the city on the proposal. Councilman McGough moved, seconded by Mayor Warkentien. Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. NEW MAPS FOR 1 Engineer Lemberg presented several means used to make COUNCIL maps that could be hung in the council chambers. Mayor CHAMBERS Warkentien moved preperation of the zoning maps at a cost of $308.00, seconded by Councilman Black. Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown and the following voted "nay": None. Motion carried. Mayor Warkentien moved the meeting be extended to MEETING 11:30 p.m., Councilman McGough seconded. Upon a vote EXTENSION being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. Councilman Black presented a request by letter to operate a mail order business located at 1766 Holton, they will be using a local post office box and there will not be any walk in business or deliveries. Councilman Black noted that it does fall into the home business of the zoning ordinances. Clerk Administrator Barnes was re- quested to notify John Andert, Jr. that he may operate his business from his home. Councilman McGough reported to council his findings regarding the car turn around problem of Mrs. Richards, 1700 N. Fry. Councilman McGough stated removing the median on Larpenteur is not the solution. After five evenings of observation, starting at approx. 4:00 p.m. and lasting until 6:00 p.m. Councilman McGough compiled a report of all cars during those times turning onto Fry. There were 82 cars that went up Fry Street, turned around in the apartment turn around drive to park in front or went around into the back parking lot, there were 167 cars that came east on Larpenteur, made a "U" turn and went over into the parking lot, Councilman McGough felt Mrs. Richards was exagerated in her account of cars turning around in her driveway. There was one MAIL ORDER SERVICE 1766 N. HOLTON MRS. RICHARDS 1700 N. FRY ~~ 1 MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1978 Page 12 car in the sixteen hours spent that turned around in a MRS. RICHARDS private drive and it was not her driveway. Council- (CONT.) man McGough interviewed five different officers and they feel she is not having the problem on the level she is putting it. But being alone feels a little insecure and vulnernable being a recent widow. Clerk Administrator Barnes check on the shrub by Buck's Unpainted Furniture and they are in compliance with the city regulations. Dr. French will check the shrubs after they leaf out in spring for any disease present. Clerk Administrator Barnes distributed to council the HOLLYWOOD COURT assessment roll for Hollywood Court. The public hearing ASSESSMENT ROLL for Hollywood Court will be held April 12, 1978 at a regular city council meeting. Councilman Steele moved, seconded by Councilman McGough ADJOURNMENT to adjourn the meeting at 11:17 p.m. Upon a vote being taken the following voted "aye": Mayor Warkentien, Councilmembers Black, McGough, Steele and Brown the following voted "nay": None. Motion carried. ~~x WILLIS C.A. WARKENTIEN, MAYOR Attest: -cJ~~ ewan B. Barnes, Clerk Administrator Regular Meeting of March 22, 1978