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HomeMy WebLinkAboutCCMin_79Nov7_Special 0 MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 1979 A Special Meeting of the Falcon Heights City Council was called to order at 7:30 by Mayor Warkentien. Mayor Warkentien, Councilmembers Steele, Brown and Stone. Also present was Deputy Clerk Rolek, Attorney Kenefick and Engineer Lemberg. None. Councilmember Stone moved, seconded by Councilmember Brown that the Consent Agenda be approved as presented. Motion carried unanimously. 1. General Disbursements 2. Liquor Disbursements 3. General Payroll 10/25/79 - 11/7/79 $12,895.12 10/22/79 - 11/5/79 $20,840.12 10/16/79 - 10/31/79 $3,940.34 4. Liquor Payroll 10/16/79 - 10/31/79 $2,017.05 5. Building Inspector's Report - October, 1979 6. Planning Commission Minutes - November 5, 1979 Councilmember Steele moved, seconded by Councilmember Stone that the Minutes of October 24, 1979 be approved as presented. Motion carried unanimously. Attorney Kenefick informed Council that an ordinance proposed by the Minnesota Shade Tree Program allowing the stockpiling of elm wood from September 15 to April 1, is not in accordance with Ordinance 86 of the City of Falcon Heights, which restricts the storing of elm wood. He also informed that he had contacted the Attorney General`s Office and was advised that the City may have an ordinance which is more restrictive than the one proposed by the Minnesota Shade Tree Program. Attorney Kenefick then presented for Council's approval Ordinance 168 amending Ordinance 86. Councilmember Brown moved, seconded by Councilmember Steele that Ordinance 168 be adopted. Motion carried unanimously. ORDINANCE 168 AN ORDINANCE OF THE CITY OF FALCON HEIGHTS, MINNESOTA ESTABLISHING A SHADE TREE PROGRAM, PROVIDING REGULATION FOR THE CONTROL OF CERTAIN DISEASES AFFECTING TREES, INCORPORATING AGENCY RULES AND REGULATIONS, AND PROVIDING FOR PENALTY FOR VIOLATION THEREOF: AMENDING ORDINANCE N0. 86 OF THE CITY OF FALCON HEIGHTS Mayor Warkentien presented for Council`s approval Resolution 79-26 which provides for the City's participation in the 1980 Shade Tree Program.. Councilmember Brown moved, seconded by Steele that Resolution 79-26 be adopted. Motion carried unanimously. RESOLUTION 79-26 1980 SHADE TREE PROGRAM 9'~ PRESENT ABSENT CONSENT AGENDA APPROVED .~ MINUTES OF OCTOBER 24, 1979 APPROVED STOCKPILING OF ELM WOOD RESTKICTED ORDINANCE 168 ADOPTED RESOLUTION 79-26 93 MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 1979 PAGE 2 Mayor Warkentien presented to Council the 1980 Policing Contract with 1980 POLICING Ramsey County. The matter had been deferred from the October 10, 1979 CONTRACT WITH meeting in order to allow time to contact the City of Arden Hills re- RAMSEY COUNTY garding the possibility of sharing one shift per day. Since Arden Hills TO BE SIGNED is not interested in such an arrangement Councilmember Brown moved, seconded by Councilmember Steele that Mayor Warkentien and Clerk Admini- strator Barnes be authorized to enter into an agreement with Ramsey County for Policing for the year 1980 at a cost of $192,772.00. Motion carried unanimously. Mayor Warkentien presented a conditional use request from George Taylor, GEORGE TAYEOR 1791 N. Holton, to erect a utility shed. Councilmember Stone moved, 1791 HOLTON seconded by Councilmember Brown that the request be granted, as recommended UTILITY SHED by the Planning Commission. Motion carried unanimously. Mayor Warkentien read a request from Rice' Chestovich, 1407 California, RICE' to have a 4' x 8' lighted sign on her lawn from 9:00 a.m. November 23, CHESTOVICH 1979 to 9:00 a.m. November 24, 1979 in celebration of her husband's REQUEST FOR birthday. After some discussion Councilmember Steele moved, seconded LIGHTED SIGN by Councilmember Brown tYiat the request be granted, subject to the FOR 1 DAY approval of the immediate neighbors and with the stipulation that the sign not be lighted after 11:00 p.m.. Motion carried unanimously. Deputy Clerk Rolek presented two bids for Fire Department equipment FIRE DEPART- as follows: MENT EQUIP- Oswald Fire Hose $2,524.00 MENT TO BE Minnesota Fire, Inc. $2,985.20 PURCHASED Councilmember Brown moved, seconded by Mayor Warkentien that the bid from Oswald Fire Hose be accepted. Motion carried unanimously. Councilmember Brown explained to Council the proposed energy plan for PROPOSED PLAN movement of people in a fuel crisis. The plan is to move persons to FOR MOVEMENT a centrally located building in cases when fuel is unobtainable, OF PEOPLE IN furnace failure, etc. Futtier information will be forthcoming. ENERGY CRISIS Russell Bull, 1810 Arona Ave., addressed Council regarding the RUSSELL BULL claim registered against Blacktop Service, Inc. for damages to 1810 ARONA his home during the Garden Avenue improvement project. Mr. Bull DAMAGE CLAIM was adived by Blacktop Service, Inc. that nothing could be done as their insurance company had agreed to split the cost with the sub-contractor's (Bolander) insurance company and that company had refuesed the claim. Engineer Lemberg stated Blacktop Service's insurance covers the entire project and that he would personally contact them regarding the claim. Philip A. Meyers, 1899 W. Larpenteur informed Council that he under- PHILIP MEYERS~'~ stood that a storm sewer had been installed in his area and that he 1899 LARP. would like the drainage ditch at Larpenteur and Tatum filled, and DRAINAGE DITCH trees planted in the area. Mr. Myers was advised that he had been DISCUSSION misinformed, no storm sewer has been installed, and that the drainage ditches are necessary. MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 1979 PAGE 3 Deputy Clerk Rolek noted that Northern States Power had informed the City NSP COAL of Falcon Heights that a 200 megawatt coal fired power plant is being FIRED PLANT proposed for the Metro Area, No definte sites have been chosen. CONSIDERED Deputy Clerk Rolek informed Council that Arden Hills and Shoreview are CABLE TV being considered to join the 14 other cities for Cable Television Territory. Engineer Lemberg reported to Council regarding the possibility of in- CITY HALL stalling an escalator in City Hall to accomodate the handicapped and ELEVATOR elderly. He stated that escalators are not acceptable as they cannot LEMBERG '' accommodate wheel chairs. Elevators are acceptable but the estimated cost would be approximately $50,000.00. Engineer Lemberg felt there might be some grants possible to this type of installation and that he could have application forms sent to the Clerk Administrator. Mayor Warkentien presented the Engineering bill from Bonestroo, Rosene ENGINEERING Anderlik and Associates in the amount of $2,583.68.00 for prepration BILL TO BE of the Capital Improvement Street Report. PAID Attorney Kenefick reported to Council on progress regarding obtaining FULHAM DRAIN- an easement from Charles Smith, 1605 Fulham, Lauderdale. Attorney AGE PROBLEM Kenefick was directed by Council to engage in litigation with Mr. Smith and the City of Lauderdale, and he had contacted the Lauderdale Attorney and had done research on the subject. Attorney Kenefick stated he had assumed there had been a drainage easement to the drain field, which passes through a portion of Smith's property. However the land records do not show such an easement. The Attorney informed that the University of Minnesota constructed the drainfield in 1929 and sub- sequent to that time Auditor's Subdivision 1171 was platted, which covers a portion of the drainfield, and then sold the other portion to a private developer the area now known as Oak Wood. On both the Oak Wood portion and Auditor's Subdivision 71 there is no indication of a drainage easement. Attorney Kenefick felt it might be possible to use a theory, similar to adverse possession, an easement by prescription; it has been there, the City was aware of it, and therefore has certain rights, even though it is not recorded. He felt it would be impossible to settle the matter by January 8, 1980, the deadline for ,the use of the llisaster Funds, and the City should appeal for an extention of the deadline. After a discussion Council directed Engineer Lemberg to arrange a meeting with Mr. Smith and Mayor Warkentien in order to discuss the matter and attempt to get an easement. Mayor Warkentien moved, seconded by Councilmember Steele, that Council- HELEN BROWN member Brown be appointed Acting Mayor to replace Pete McGough, who APPOINTED recently resigned. Motion carried unanimously. ACTING MAYOR Councilmember Steele moved, seconded by Councilmember Brown that the ADJOURNMENT meeting be adjourned at 8:45 p.m. Motion carried unanimously. 1~~ MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 1979 PAGE 4 ,CE>'~.~ LAG ( ~ l _ ~ ~~~;~_, , / Willis C. A. Warkentien, Mayor Attest: Alan J. Dep ty C erk Special City Council Meeting of November 7, 1979