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HomeMy WebLinkAboutCCMin_75Oct23 ~I 11 u 1 MINUTES OF REGULAR COUNCIL MEETING FALCON HEIGHTS, MINNESOTA OCTOBER 23, 1975 A regular meeting of the Falcon Heights City Council was called to order by Mayor Warkentien at 8:00 p.m. Mayor Warkentien, Councilmen Ecklund, Steele, Black, and PRESENT Labalestra. Also present were Clerk-Administrator Barnes, Engineer Lemberg, and Attorney Kenefick. None. ABSENT Moved by Councilman Ecklund, seconded by Councilman Steele APPROVAL to approve the minutes of the regular meeting of September 25, MINUTES: 1975, as corrected. Upon a vote being taken, the following SEPTEMBER voted "aye": Mayor Warkentien, Councilmen Ecklund, Steele, 1975 and Labalestra, and the following abstained: Councilman Black. Motion carried. Moved by Councilman Steele, seconded by Councilman Labalestra APPROVAL to approve the minutes of the regular meeting of October 9, MINUTES: 1975, as corrected. Upon a vote being taken, the following OCTOBER voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, 1975 Steele, and Labalestra, and the following voted "nay": None. Motion carried. OF 25, OF 9, Milton Moore, P~iando Photo Company, 1790 West Larpenteur Avenue, VARIANCE: reviewed the request for a, variance which would allow construe- MANDO PHOTO tion of an addition to the front of the building, 30 feet by COMPANY, 85 feet, requiring a 3o foot variance from the required 50 foot 1790 Tr7EST setback on the front of the lot. LARPEPITEUR AVENUE Mr. Moore stated he felt the requests stated in a motion approved by the Council at their meeting of October 9, 1975,: 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, would cost the Mando Photo Company ap- proximately $5,000 to $8,000. Mr. NIoore ob3ected to the requests and stated he did not feel this was a wise business expenditure. After discussion, the following motion was mad®: Moved by Council- man Labalestra, seconded by Councilman Steele to rescind the motion made by Councilman Black, seconded by Councilman Ecklund regarding the variance request from Mando Photo at the meeting of October 9, 1975. (Page 116, Minutes, October 9, 1975) Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the follow- ing voted "nay": None. Motion carried. ~~ 1 2 Following discussion of the sideyard setback, the following motion was made: VARIANCE MANDO PHOTO CONTINUED 1 Moved by Councilman Steele, seconded by Councilman Labalestra to approve the variance for Mando Photo, 1790 West Larpenteur Avenue, subject to consideration of the sideyard setback. Discussion was held regarding density and the possibility of constructing the addition in another direction, other than to the west side of the lot. Mr. Moore felt that expansion was more feasible toward the front of the lot, and with the building extending along its existing lines. Mr. Moore said that he was not willing to give 10 feet on the sideyard, but would possibly settle at ~ feet. Mayor Warkentien said that he felt the neighbor to the west, James Boyd, should be contacted as to his opinion of the sideyard setback. Attorney Kenefick stated the Council should know how many feet the variance would be before they voted on the issue. Mr. Moore stated he was willing to compromise. He also said he was willing to meet with Mr. Boyd, with the Mayor as moderator at such a meeting. Councilman Steele withdrew his motion to approve the variance. Councilman Labalestra withdrew his second to the motion. Moired by Councilman Steele, seconded by Councilman .Black to table the variance request by Mando Photo, 1790 West Larpenteur Avenue, until the next regularly scheduled Council meeting, November 13, 1975, with a meeting to be scheduled between James Boyd, Milton Moore, and Mayor Warkentien (or Councilman Labalestra) previous to said Council meeting, to discuss the variance for the sideyard setback. tTpon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted 'nay": None. Motion carried. Philip E. Chenoweth, 1lt26 West Larpenteur Avenue, has applied VARIANCE: for a variance to construct a new garage 3 feet from the PHILIP E. south yard line and 4 feet froan the west sideyard line, which CHENOWETH, would be the same distance from the yard line as his existing 1I~26 WEST garage. Because the variance has not been presented to the LARPENTEUR Planning Commission at this time, the following motion was made: Moved by Councilman Labalestra, seconded by Councilman Steele, to approve the variance request by Philip E. Chenoweth, 1lt26 West Larpenteur Avenue, for construction of a garage, subject 1 2~ 3 to approval by the Planning Commission at their next meeting, November !~, 1975. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and th ® following voted "nay": None. Motion carried. Dr. Harry Foreman, University Grove, expressed concern by him- UNIVERSITY self and residents of Hoyt Avenue, regarding the bus route GROVE METRO along Hoyt Avenue. These residents felt the bus line should TRANSIT BUS remain on Larpenteur Avenue. Council consensus was that ROUTE determining routes was under the jurisdiction of the Metro- politan Transit Commission. Councilman Ecklund asked if the residents had asked MTC to reroute their buses. Dr. Foreman replied they had not, but were trying to find a solution to their problem. City Administrator Barnes was asked to imrestigate who had control over the bus routes. Marceh, Richter, 2132 Fo1we11, summarized a letter signed by UNIVF~.SITY 25 property owners living on Fo1we11 Street expressing their GFbDVE UTILITY concern over the Falcon Heights take-over of utilities in DISCUSSION the University Grove area. They requested that the City not rush into the situation and also that they be informed of any existing problems. Engineer Lemberg mentioned that preliminary inspections were underway at the present time and that a final report to the Council was not possible until the final inspection was com- pleted. Mr. Lemberg also stated that Mr. Barnes has requested the complete record, including video tapes, of the sewer system from the University, but has not received them to date. Mr. Richter felt that not all the homeowners had been contacted by the Homeowners' Association as to their feelings about the utility takeover. Councilman Steele stated that perhaps the Council had not been informed fully of the feelings of University Grove residents before taking action to have the Attorney draft the necessary agreements to take over public facilities in the University Grove area. Moved by Councilman Steele, seconded by Councilman Ecklund to rescind that part of the motion made at the meeting of October 9, 1975, requesting the attorney to draft the necessary agreements for the public facility takeover in University Grove for action at the November 13, 1975, meeting. 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 Labalestra stated he would prefer to wait until spring so that construction results could be determined. Councilman Black suggested the University be informed in writing of the type of inspections that would take place before final takeover, and that the Engineer, Mr. Lemberg, prepare a report of what should be accomplished with the streets and sewers before the takeover. 1 24 4 UNIVERSITY GA(DVE UTILITY Moved by Councilman Black, seconded by Councilman Steele DISCUSSION that Engineer Lemberg prepare a brief, written summary CONTINUED for the next Council meeting, November 13, 1975, as to the conditions that should be met before City takeover of public utilities in University Grove and that after Council review, this report be communicated to the proper University officials for their acknowledgement. Upon a vote being taken, the following voted "aye": Mayor Warken- tien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted "nay": None. Motion carried. Andrew Holdorph, 1312 Gibbs, Chairman of a committee REC02~NDATION formed to investigate alternatives to the Greenhouse as FOR PRECINCT a polling place in Precinct #!~, submitted a report to #!~ POLLING Council of their recommendations. The committee was PLACE unanimous in their recommendation of the Commonwealth Terrace Community Center as their first choice and the Falcon Heights Gym as their second choice. (St. Paul Campus) The Council complimented the Committee on their report and after studying the matter, they will discuss it further at a later meeting. Dorothy Dowdell, 1757 Holton, wrote a letter to the Council SEWER PROffi~2 stating problems she was having with her sewer. According DOROTHY to Ordinance No. 121, Section 9, "It shall be the responsi- DOWDELL, bility of the owner or occupant to maintain the sewer service 1757 HOLTON from the main sewer into the house or building". Nis. Dowdell is to receive a copy of the Ordinance. No action was taken. Moved by Councilman Steele, seconded by Councilman Ecklund UNIVERSITY to authorize the Mayor and Clerk Administrator to sign the GROVE PLAY- contract for maintenance and operation of a playground in GROUND CON- an area lying between Fo1we11 Street and Larpenteur Avenue TRACT and lying east of Coffman Street with the Regents of the University of Minnesota. Upon a vote being taken, the following voted "aye": Mayor TrJarkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted "nay": None. Motion carried. Attorney Kenefick reviewed ordinances regarding garage sales PROPOSED obtained from other communities. Moved by Councilman Steele, GARAGE SALES seconded by Councilman Labalestra to table the item, proposed ORDINANCE garage sales ordinance, to a future meeting. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Steele, Ecklund, and Labalestra, and the following voted "nay": None. Motion carried. 5 1 2~ Councilman Labalestra noted that Wisconsin liquor retailers OUT-OF-STATE have been placing ads in Minnesota newspapers advertising LIQUOR PRICE their prices; however, Minnesota retailers are not permitted ADVERTISING to place this type of advertising in Minnesota newspapers. Because of the higher taxes on liquor in Minnesota, unfair competition is resulting. 1 Moved by Councilman Labalestra, seconded by Mayor Warkentien to write a letter to the State Liquor Control Commissioner objecting to allowing out-of-state retailers to advertise liquor prices in the State of Minnesota with a copy of the letter to be sent to the Minnesota League of Municipalities. 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 stated he felt Minnesota retailers should be allowed to advertise in the State of Minnesota also. Attorney Kenefick read a letter he had drafted directed to LIQUOR Attorney General Spannaus concerning improper mark.-ups on PRICING liquor by retailers. MARK-UP Moved by Councilman Steele, seconded by Councilman Labalestra to send the letter as drafted concerning retail liquor pricing to Attorney General Warren Spannaus. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Steele, and Labalestra, and the following voted "nay": Council- man Ecklund. Motion carried. Clerk-Administrator 3arnes noted there would be an interest saving of $211.74 if the contract for the purchase of the cigarette machine in the liquor store were to be paid in full by November 1, 1975. Councilman Labalestra felt payment for the machine should not be made from liquor funds, but that the machine should pay for itself. LIQUOR STORE CIGARETTE MACHINE PAYMENT Moved by Councilman Steele, seconded by Councilman Black to pay the balance of the contract with Inland Finance Company for the liquor store cigarette machine in the amount of $944.2b, thereby saving the amount of $211.74 interest, and that this amount of $944.26 be paid from the Liquor Operating Fund. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and the following voted "nay": Councilman Labalestra. Motion carried. Moved by Mayor Warkentien, seconded by Councilman Black to CORPORATE approve issuing Corporate License #330, Itinerant Peddler, LICENSE #330 to Stephen Harkins, 1096 21st Avenue Southeast, Minneapolis, ITINERANT Minnesota. Upon a vote being taken, the following voted PEDDLER "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, S. HARKINS and Labalestra, and the following voted "nay": None. Motion carried. 1 26 1 6 Moved by Councilman Ecklund, seconded by Councilman Steele to grant the use of the City Ha11 by the Selective Service System for draft registration with the Selective Service System to furnish the staff necessary. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Council- men Black, Steele, Ecklund, and Labalestra, and the following voted "nay": None. Motion carried. REG~UEST FOR USE OF CITY HALL BY SELECTIVE SERVICE SYSTEM 1 Dr. Hard, Horticulturist, has requested $200 to cover ex- penses for Gary Mueller, student, undertaking a study of the Snelling-Idaho Park. No action was taken. Moved by Councilman Ecklund, seconded by Councilman Steele to change the time of Council meetings from 8:00 p.m. to 7:00 p.m. until 11:00 p.m., effective November 13, 1975. 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. Moved by Mayor Warkentien, seconded by Councilman Black that the Council meet at 7:00 p.m., November 2l~, 1975, because of the Thanksgiving conflict. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilman Black, Ecklund, Steele, and Labalestra, and the following voted "nay": None. Motion carried. EXPENDITURE REQUEST: DR. HAR.D'S STUDENT COUNCIL MEETING TIME CHANGE CHANGE OF COUNCIL MEETING LIATES: THANKSGNING Moved by Councilman Steele, seconded by Councilman Ecklund CHRISTMAS that the Council meet at 7:00 p.m., December 29, 1975, because of the Christmas Day conflict. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Council- men Black, Ecklund, Steele, and Labalestra, and the following voted "nay": None. Motion carried. Fire reports, Nos. 66 and 67, were noted. FIRE REPORTS Moved by Councilman Ecklund, seconded by Councilman Labales- GENERAL tra to approve the General Payroll, October 1 - 15, in the PA~?OLL amount of $3,276.70. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted ""s None. Motion carried. Moved by Mayor Warkentien, seconded by Councilman Steele to GENERAL approve the General Disbursements in the amount of $19,556.87. DISBtktSE~MENT5 Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Steele, Ecklund, and Labalestra, and the following voted "nay": None. Motion carried. Moved by Councilman Labalestra, seconded by Mayor Warkentien LIQUOR to approve the Liquor Payroll, October 1 - 15, in the amount PAYROLL of $1,679.61. 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. 1 2 ~`~. 7 Moved by Councilman Steele, seconded by Councilman LIQUOR Labalestra to approve Liquor Disbursements in the amount DISBURSEMENTS of $7,689.5.. 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. Moved by Mayor Warkentien, seconded by Councilman Labalestra CHECY. to approve cancellation of Check No. 8935 in the amount of CANCELLATION $5.00 payable to the Minnesota State Treasurer. (General Disbursements). 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. Don Grittner, Falcon Heights representative on the Roseville DON GRITTNER: School District #623 School Building Usage Task Force, has ftOSEVILLE TASK notified the Council the Task Force's work has been com- FORCE plated and a report is to be presented to the School Admini- stration this evening. Mayor Warkentien stated a communication had been received BICENTENNIAL designating Falcon Heights as an official Bicentennial COMMUNITY Community. DESIGNATION Moved by Councilman Steele, seconded by Councilman Labalestra RENEWAL OF to renew the contract for Animal Control Service with MAPSI CONTRACT MAPSI, 506 Eleventh Avenue North, Minneapolis, Minnesota for 1976 55411 for the year 1976 and authorizing the Clerk-Administrator to execute same. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted "nays': None. Motion carried. Councilman Black noted that the County has not corrected the location of the regulatory "No Parking" sign placed at 1195 West Larpenteur. The Clerk-Administrator was asked to contact Ramsey County on this matter. Council discussed the problem of access onto Larpenteur from Tatum because of poor visibility at the intersection. Moved by Councilman Ecklund, seconded by Councilman Black that a letter be directed to the County of Ramsey requesting 100 feet to the west and the east of the intersection of Tatum and the north side of Larpentaur Avenue be posted a "No Parking" area. 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. It was noted the County has not responded to a request for a speed study on Fairview Avenue. The Clerk-Administrator was asked to follow up on this request. NO PARKING SIGN-1495 WEST LARPENTEUR NO PARKING AREA RF.;QUEST : WEST LARPENTEUR FAIRVIEW AVENUE SPEED STUDY 1 28 8 Councilman Labalestra requested that two items concernir~- LIc~UOR liquor be placed on the agenda for the November 13th POLICY RE4dUESTS meeting, that is, a policy to determine the amount of funds the liquor store manager is allowed to spend without authori- zation of the Council and a policy concerning lowering the markup on liquor. Moved by Councilman Steele, seconded by Councilman Black to ADJOURNMENT adjourn the meeting at 12:00 a.m. Upon a vote being taken, the following voted "aye" : Mayor TnTarkentien, Counciloren Ecklund, Black, Steele, and Labalestra, and the following voted "nay": None. I4otion carried. ,~~ /! /- ! ,/ X iL~c.- (~, ~ e~LGc~~ L WILLIS C. A. WARKENTIEN, Mayor ATTEST: 1 swan B. Barnes, Clerk-Administrator Regular Meeting of October 23, 1975•