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HomeMy WebLinkAboutCCMin-75Oct91 ~J 1 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. 1 1 ~w 1 1 1 2 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 1 151 1 LJ 3 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": 1 16~~ 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 1 1 "~~ 5 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. LJ 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. 6 1 18 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. ~i 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. 8 ~ 20 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• 1