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MINUTES OF REGULAR COUNCIL MEETING
FALCON HEIGHTS, MINNESOTA
OCTOBER 9, 1975
A regular meeting of the Falcon Heights City Council was
called to order by Mayor Warkentien at 7:15 p.m.
Mayor Warkentien, Councilmen Ecklund, Steele, Black, and PRESENT
Labalestra. Also present were Clerk-Administrator Barnes,
Engineer Lemberg, and Attorney Kenefick.
None. ABSENT
Councilman Steele introduced the following Resolution and RESOLUTION
moved its adoption: N0. 75-29:
AUTHORIZING
RESOLUTION N0. 75-29 TAX LEVY
FOR 1975
A RESOLUTION AUTHORIZING SUMS TO BE LEVIED UPON
THE TAXABLE PF~PERTY OF THE CITY OF FALCON HEIGHTS
FOR THE YEAR 1975, COLLECTIBLE IN THE YEAR 1976
Councilman Labalestra seconded the foregoing Resolution
and upon a vote being taken, the following voted "aye":
Mayor Warkentien, Councilmen Ecklund, Black, Steele, and
Labalestra, and the following voted "nay": None. Motion
carried.
Councilman Steele introduced the following Resolution and RESOLUTION
moved its adoption: N0. 75-30:
ADOPTING
RESOLUTION N0. 75-30 THE 1976
BUDGET
A RESOLUTION ADOPTING ZHE 1976 BUDGET
Councilman Labalestra seconded the foregoing Resolution
and upon a vote being taken, the following voted "aye":
Mayor Warkentien, Councilmen Ecklund, Black, Steele, and
Labalestra, and the following voted "nay": None. Motion
carried.
Moved by Mayor Warkentien, seconded by Councilman Labalestra AUTHORIZATION
that a Recreation Director be hired for the year 1976 on a TO HIRE
retainer basis of $100.00 per month. Upon a vote being taken, RECREATION
the following voted "aye": Mayor Warkentien, Councilmen Black, DIRECTOR
Ecklund, Steele, and Labalestra, and the following voted "nay":
Non®. Motion carried.
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Mayor Warkentien announced the appointment of Mrs. Ronald PARK AND
Riach, 1753 North Holton, and James Westland, 1781 North RECREATION
Hamline, to the Park and Recreation Advisory Committee. COMMITTEE
APPOINTMENTS
Russel L. Troy, Lundquist, Wilmar, Schultz and Martin, Inc., AIR CONDITION-
discussed his firm's recommendation for air conditioning the ING FOR COUNCIL
Council Chambers. Their recommendation was for two 6 or 6 1/2 CHAMBERS
ton units at an estimated cost of $15,700, including electrical
service revisions. Mr. Troy suggested that four or five con-
tractors be allowed to bid on the project on an equal basis.
Discussion was held regarding replacing the windows and the
saving of energy which would result by doing so. Redoing the
windows would cost approximately $1,300.00.
Further discussion was held concerning the air conditioning
system which would adequately cool the room.
Verne Carlson, University of Minnesota, was present to dis-
cuss the take-over of sanitary sewer, street lights, and
streets by Falcon Heights in the University Grove area.
Clerk-Administrator Barnes summarized his letter of September
30, 1975, to Mrs. Geraldine Jenkins, President of the
University Grove Homeowner's Association, concerning the
utility take-over and the park agreeanent.
Mr. Carlson stated the agreeanent for the park must be made
by the Board of Regents, concurrent with Council action.
Councilman Steele stated it was Council's belief there had
been a lack of communication concerning the take-over and
asked Mr. Carlson what his opinion was of an appropriate
take-over time and his understanding of what should be
accomplished in that period, together with where we stood
at the present time.
Mr. Carlson noted that plans and specifications for the
sewer had been forwarded to Engineer Lemberg in July and they
requested street lighting inspection at that tim®.
Engineer Lemberg stated he had received a letter from the
University asking for a preliminary final inspection. He
said it was his understanding that the final inspection was
to take place upon completion of all work. Mx. Lemberg
mentioned the sewer was almost completed, the streets were
not completed, and they had not been able to do anything as
far as the lighting was concerned.
TAKE-OVER OF
UTILITIES
AND PARK AREA
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Verne Carlson stated he was in agreement that all work be
completed before a take-over would take place.
Geraldine Jenkins, President of the Homeowner's Association,
said it was her opinion that the work would be completed in
"good faith" and that the Association' s thought was that the
City would take over the area on the U's word that work would
be completed. She said the homeowners were mainly concerned
at present with snow removal.
Councilman Steele asked when the take-over could take place.
Mr. Carlson stated the sewer was complete and that the streets
would be completed in ten days to two weeks.
Engineer Lemberg stated with good weather, etc., everything
should be completed by January 1, 1976.
Moved by Mayor Warkentien, seconded by Councilman Steele to
authorize the Clerk-Administrator to notify the County that
Falcon Heights will begin snowplowing the University Grove
area streets this winter (1976-76 ), with the University to
take care of atxy street repairs or maintenance needed in the
spring, and that the streets be dedicated (as recommended by
the Attorney) as of January 1, 1976, providing the University
enforces performance clauses of their contract with Orfei Con-
tractors to the City's satisfaction. Upon a vote being taken,
the following voted "aye": Councilman Steele, and the following
voted "nay": Mayor Warkentien, Councilmen Black, Ecklund, and
Labalestra. Motion failed.
UNIVERSITY
GROVE AREA
CONTINUED
Moved by Mayor Warkentien, seconded by Councilman Ecklund to
incorporate the University Grove area streets into the snow
plowing schedule for the entire 1975-76 winter season. Upon
a vote being taken, the following voted "aye": Mayor Warkentien,
Councilmen Black, Ecklund, Steele, and Labalestra, and the
following voted "nay": None. Motion carried.
The Clerk-Administrator was instructed to report on street, sewer,
and street lighting conditions by the next meeting, October 23, 1975.
Mr. Carlson asked if a basic agreement could be drawn up in four
weeks for action (November 13).
Discussion was held regarding hockey rinks in the University
Grove Park area. The consensus of the Council was that the
park rink would be used as a recreation rink only.
A copy of the Falcon Heights' insurance covering parks is to
be furnished the University.
Moved by Councilman Ecklund, seconded by Councilman Steele that
the Attorney draft the necessary agreements necessary to take over
public facilities in the University Grove area and report on the
conditions of the playground agreement for action at the November 13,
1975, meeting. Upon a vote being taken, the following voted "aye":
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Mayor Warkentien, Councilmen Ecklund, 131ack, Steele, and
Labalestra, and the following voted "nay": None. Motion
carried.
Councilman Black reviewed the variance request by Mando VARIANCE
Photo Compares, 1790 West Larpenteur Avenue, for an addition MANDO PHOTO
to the front of the building, 30' by 85'. This would re- COP~ANY,
quire a 30 foot variance from the required 50 foot setback 1790 WEST
on the front of the lot. The variance was before the LARPENTEtk~
Planning Commission on September 10, 1975, who recommended AVENUE
approval pending final approval by the Council, with further
information to be furnished. Kenneth Waxier, Mando Photo
Company, stated the business needed expansion room.
The Council was concerned with the resulting high density
and the appearance of the building, i.e., exterior finish
being consistent with the existing structure.
Moved by Councilman Black, seconded by Councilman Ecklund
to refer the application by Mando Photo Company, 1790 West
Larpenteur Avenue, for a variance for an addition to their
building back to the Planning Commission with the request
that a survey be obtained and submitted, along with the
application; that specifications be indicated as to the exact
exterior structural material of the building; that the property
owner on the West be contacted for his point of view with re-
ference to the proposed structure; and that the west sideyard
setback be considered. Upon a motion being taken, the following
voted "aye": Mayor Warkentien, Councilmen Ecklund, Black, Steele,
and Labalestra, and the following voted "nay": None. Motion
carried.
Karen Nelson, 1760 North Shelling Drive, reported on problems CODE VIOLATION
she was having with her landlady fixing the furnace in her FAULTY
home. City Gas Inspector Eha has inspected the furnace and Fik~NACE
found it to be in violation of code. Attorney Kenefick re-
viewed the history of the case.
Moved by Councilman Steele, seconded by Councilman Labalestra
to take the matter to civil Court in order to resolve the
problem and to correct the code violation with regard to a
faulty furnace at 1760 North Snelling Drive. Upon a vote being
taken, the following voted "aye": Mayor Warkentien, Councilmen
Black, Ecklund, Steele, and Labalestra, and the following voted
"nay": None. Motion carried.
Darwin Martinson, 1912 Sheldon, has submitted a request to CONDITIONAL
construct a utility building five feet from the rear lot line USE PERMIT
and fifteen feet from the south sideyard line. The style and DARWIN
construction of the building is to conform with his residence. MARTINSON,
1912 SHELDON
A lengthy discussion on the construction and placement of
utility buildings was held. The role of the Planning Commission
with relation to the Council and the manner in which recommendations
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were made by the Planning Commission was discussed. CONDITIONAL
Moved by Councilman Black, seconded by Mayor Warkentien to USE PERMIT
MARTINSON,
approve the Conditional Use Permit as requested by Darwin CONTINUED
Martinson, 1912 Sheldon, for the construction of a utility
shed. Upon a vote being taken, the following voted "aye":
Mayor Warkentien, Councilmen B1ack,;Ecklund, Steele, and
Labalestra, and the following voted "nay": None. Motion
carried.
Ronald Nelson, 17b1~ Asbury, has requested a conditional use CONDITIONAL
permit for the construction of a utility building on his USE PERMIT
property. Councilman Black reviewed the request, which was RONALD NELSON
approved by the Planning Commission at their meeting of 1761x. ASBURY
October 7, 1975.
Moved 'oy Councilman Black, seconded by Councilman Labalestra
to approve the conditional use permit as requested by Ronald
Nelson, 176l~ Asbury, for construction of a utility building,
providing the three adjacent property owners file an indica-
tion of approval with the Clerk-Administrator. Upon a vote
being taken, the following voted "aye": Mayor Warkentien,
Councilmen Black, Ecklund, Steele, and Labalestra, and the
following voted "nay": None. Motion carried.
Councilman Steele requested that George Plant, Chairman of
the Planning Commission, be present at the regular meeting
of October 23, 1975, to discuss the functions of the Planning
Commission. The Clerk Administrator is to contact Mr. Plant.
Moved by Councilman Steele, seconded by Councilman Black
that the Clerk-Administrator draft an ordinance pertaining
to the regulation of garage sales and obtain copies of sam-
ple ordinances from Roseville, as well as other communities.
Upon a vote being taken, the following voted "aye'': Mayor
Warkentien, Councilmen rlt.ack, Ecklund, Steele, and Labalestra,
and the following voted "nay": None. Motion carried.
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REQUEST FOR
MEETING LuTTH
PLANNING COM-
MISSION CHAIR-
MAN
ORDINANCE
CHANGE RELATING
TO GARAGE
SALES
Moved by Councilman Steele, seconded by Councilman Labalestra AUTHORIZATION
that Kenneth Healy, 16011 Hollywood Court, be admitted as TO HIRE FIRE-
a fireman trainee, subject to passing a physical. Upon a vote MAN
being taken, the following voted "aye": Mayor Warkentien,
Councilmen Black, Steele, Ecklund, and Labalestra, and th®
following voted "nay": Non®. Motion passed.
Moved by Mayor Warkentien, seconded by Councilman Steele APPROVAL OF
to approve the Election Judges, as submitted, for the November ELECTION
lath election. Upon a vote being taken, the following voted JUDGES
"aye": Mayor Warkentien, Councilmen Ecklund, Black, Steele,
and Labalestra, and the following voted "nay": None. Motion
carried.
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Moved by Councilman Labalestra, seconded by Councilman Black SNOW
to approve the agreement for snow plowing for the 1975-76 PLOWING
winter season as submitted with Mr. James N. Hoe1, 1667 North AGREEMENT
Snelling, at the rate of $18.00 per hour for services and 1975-76
equipment. Upon a vote being taken, the following voted "aye":
Mayor Warkentien, Councilmen Black, Ecklund, Steele, and
Labalestra, and the following voted "nay": None. Motion
carried.
Due to an error in billing by Bonestroo, Rosene, Anderlik & GARDEN
Associates, Inc., an amended invoice has been issued for AVENUE
the Garden Avenue proposed MSA project and a check forwarded INVOICE
to the City in the amount of $ 3,531.60.
Moved by Mayor Warkentien, seconded by Councilman Labalestra PARK EQUIPMENT
that the Clerk-Administrator be authorized to purchase park PURCHASE
equipment (snow blower, blade, and mower) from the L - Z Co.,
Inc., 1881 Rice Street, St. Paul, for the amount of $16l~0.00
to be funded from the Treasurer's Cash Balance. Upon a vote
being taken, the following voted "aye": Mayor Warkentien, Council-
men Ecklund, Black, Steele, and Labalestra, and the following
voted "nay": None. Motion carried.
Fire Reports, Nos. 61 through 65, were noted. FIRE REPORTS
Moved by Councilman Steele, seconded by Councilman Ecklund GENERAL
to approve the general disbursements in the amount of DISBtk~SEMENTS
$16,811.25, with the request that Check #9133 be held until
the aerial maps ordered from the Metropolitan Council were
received. Upon a vote being taken, the following voted "aye":
Mayor Warkentien, Councilmen Ecklund, Black, Steele, and
Labalestra, and the following voted "nay'': None. Motion carried.
Moved by Councilman Labalestra, seconded by Mayor Warkentien LIQUOR
to approve the liquor disbursements in the amount of DISBURSEMENTS
$17,8.2.80. Upon a vote being taken, the following voted
"aye": Mayor Warkentien, Councilmen Black, Steele, and
Labalestra, and the following voted "nay": Councilman
Ecklund. Motion carried.
Councilman Ecklund was concerned over the method of payment
for the cigarette machine purchased for the liquor store
being on a monthly basis, rather than a one-time payment.
The Clerk-Administrator was asked to investigate this matter.
Moved by Councilman Steele, seconded by Councilman Labalestra APPROVAL OF
to approve the minutes of the special meeting of October 2, MINUTES:
1975, as submitted. Upon a vote being taken, the following OCT08ER 2,
voted "aye": Mayor Warkentien, Councilmen Ecklund, Black, 1975
Steele, and Labalestra, and the following voted "nay": None.
Motion carried.
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Moved by Councilman Ecklund, seconded by Mayor Warkentien to APPROVAL OF
approve the minutes of the special meeting of September 30, MINUTES:
1975, as submitted. Upon a vote being taken, the following SEPTEMBER 30,
voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, 1975
and Labalestra, and the following abstained: Councilman
Steele. Motion carried.
Moved by Councilman Steele, seconded by Mayor Warkentien to APPROVAL OF
defer action on the approval of the minutes of the regular MINUTES:
meeting of September 25, 1975• Upon a vote being taken, the SEPTEMBER 25,
following voted "aye": Mayor Warkentien, Councilmen Ecklund, 1975
Black, Steele, and Labalestra, and the following voted "nay":
None. Motion carried.
Attorney Kenefick and Engineer Lemberg both felt there was ATTORNEY
no imposition by citizens when asked for advice. AND ENGINEER
CHARGES
Moved by Mayor Warkentien, seconded by Councilman Labalestra
to rescind Council action of September 25, 1975, authorizing
the Engineer and Attorney to bill citizens for services and
to decline from giving opinions. (See Minutes, September 25,
1975, Page 109). Upon a vote being taken, the following voted
"aye": Mayor Warkentien, Councilmen B1.ack, Steele, Ecklund,
and Labalestra, and the following voted "nay": None. Motion
carried.
Mayor Warkentien summarized a letter received from Charles K. RESIGNATION
Stahly, 1795 North Albert, requesting acceptance of his resigna- OF PARK AND
tion as Chairman and as a member of the Park and Recreation RECREATION
Advisory Committee, due to the workload at his place of COMMITTEE
employment. CHAIRMAN
Attorney Kenefick advised Council that an area should be NO SMOKING
posted and designated "A No Smoking Area" in the Council AREA
Chambers.
Councilman Black stated he had been contacted by William SEWER PROHLEM
Helms, 1789 Asbury, regarding a continuous sewer problem WILLIAM HELMS
he has had. Mr. Helms feels that the problem seems to be 1789 ASSURY
in the area of connection rather than with tree roots.
Ordinance #121, dated August 10, 1972, states that it shall
be the responsibility of the owner or occupant to maintain
the sewer service from the main sewer into the house or
building. After considerable discussion, this item was
tabled to the meeting of October 23, 1975, in order for
more information to be obtained.
Councilman Ecklund submitted a copy of the Community Health COMMUNITY
Services Act (H.F. bt~5) which would establish an integrated HEALTH
system of community health services under local control SERDICES ACT
within a system of state guidelines and standards to be re-
tained in the City files.
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Council requested that the Clerk Administrator ask Ramsey PARKING STUDY
County to undertake a study relative to parking on the north LARPENTEUR
side of Larpenteur Avenue west of Tatum Street. AVENUE
Engineer Lemberg reviewed the Metropolitan Waste Control INFILTRATION
Commission letter of October 3, 1975, relative to infiltration OF SANITARY
in the sanitary sewers during the months of April, May, and SEWERS
June, 1975. He informed Council that he had discussed the matter
with Ray Ode of the Commission and requested meter reading data.
Mr. Lemberg said he would further evaluate the reports and report
back to Council on October 23, 1975•
Councilman Steele reported he had a discussion with Michael STATE FAIR-
Heffron of the Minnesota State Fair and that Mr. Heffron was GROUND
proposing installing three or four tennis courts and two ball RECREATION
fields in the northeast parking lot of the fairgrounds, which INSTALLATIONS
is west of Snelling and south of Hollywood Court.
Councilman Labalestra informed Council that George Willkom LIQUOR PRICE
had reported that the Liquor Control Commission had permitted ADVERTISING
Wisconsin liquor retailers to advertise their prices in
Minnesota. Councilman Labalestra said he would like Council
to discuss this at the next meeting.
Moved by Mayor Warkentien, seconded by Councilman Black to LICENSE TO
approve General Corporate License #329 to Michael Williams SELL CHRIST-
of the University of Minnesota Forestry Club to sell Christmas MAS TREES,
trees at a lot located at the intersection of Cleveland and #329, U OF M
Larpenteur Avenues. Upon a vote being taken, the following FORESTRY CLUB
voted "aye": Mayor Warkentien, Councilmen Black, Steele,
Ecklund, and Labalestra, and the following voted "nay": None.
Motion carried.
Moved by Councilman Steele, seconded by Councilman Black to ADJOURNMENT
adjourn the meeting at 12:27 a.m. Upon a vote being taken,
the following voted "aye": Mayor Warkentien, Councilmen
Ecklund, Steele, and La'alestra, and the following voted
"nay": None. Motion carried. ~
WILLIS C. A. WARKENTIEN, Mayor
ATTE
Dewan B. Barnes, Clerk-Administrator
Regular Meeting of October 9, 1975•
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