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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.
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Following discussion of the sideyard setback, the following
motion was made:
VARIANCE
MANDO PHOTO
CONTINUED
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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/! /- ! ,/
X iL~c.- (~, ~ e~LGc~~
L WILLIS C. A. WARKENTIEN, Mayor
ATTEST:
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swan B. Barnes, Clerk-Administrator
Regular Meeting of October 23, 1975•