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MINUTES OF REGULAR COUNCIL MEETING
FALCON HEIGHTS, MINNESOTA
JANUARY 8, 197b
A regular meeting of the Falcon Heights City Council was called
to order by Mayor Warkentien at 7:00 p.m.
Mayor Warkentien, Councilmen Black, Steele, and Labalestra. Also PRESENT
present were Clerk-Administrator Barnes, Engineer Lemberg, and
Attorney Kenefick.
Councilman Ecklund. ABSENT
Clerk-Administrator Barnes administered the Oath of Office to OATHS OF
Willis C. A. Warkentien, re-elected Mayor of Falcon Heights. OFFICE
Clerk Administrator Barnes administered the Oath of Office to
William H. Black, re-elected Councilman of Falcon Heights.
Councilman Black reviawed the request for a variance submitted VARIANCE
November 18, 1975, by Milton Moore, President of Mando Photo REQUEST:
Company, 1790 West Larpenteur Avenue. The application is for MANDO PHOTO,
a 30 foot variance from the front yard setback and an 18 foot 1790 WEST
variance from the side yard setback to allow for construction LARPENTEt1ft
of an addition to the front of the building. AVENUE
Councilman Black read a letter from Mr. Moore, dated November 18,
1975, addressed to the Planning Commission, in which Mr. Moore
states the reasons for his request for a variance on both the front
and side yards.
Councilman Black also read the minutes of the Planning Commission
meeting of December 2, 1975, at which time the Planning Commission
recommended that the variance be granted.
Milton Moore stated that if the variance was not granted, his
firm would eventually have to relocate, as the additional space
was needed in order to continue operation. He requested that
the Council make a decision on the variance this evening.
Attorney William Korstad, 1625 Garden, said he was representing
James Boyd, owner of the apartments immediately to the west of
the Mando Photo Company. Mr. Korstad felt that granting the
variance would establish a precedent for future variance requests
along Larpenteur Avenue. He also stated the Peterson property to
the east was for sale, and, if sold, could also be the source of
another variance request.
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Attorney Korstad was concerned that future buildings would be
built too close to "Main Street" (Larpenteur Avenue) and this
would disturb the esthetic appearance.
Mr. Korstad felt that the proposed expansion would result in
a blockout of light and air to the apartment building owned by
Mr . Boyd .
Attorney Korstad again stated he believed granting the variance
could set a dangerous precedent with regard to the front yard
setback.
Mr. Korstad questioned why the expansion could not be made in
another direction, i.e., to the side or the rear of the lot.
He also stated that the Peterson property was for sale, and
that perhaps Mr. Moore could purchase that land for expansion.
Mr. Moore stated he was not aware the Peterson property was for
sale and that it had not been a month ago. He also noted that
all apartments in Mr. Boyd~s building rented at the same price
regardless of their location. He said that to build a second
story on the Mando Photo building was prohibitive. He said it
was not possible to build. t9o the rear of the lot.
Moved by Councilman Black, seconded by Mayor Warkentien that
the application for variances for a front yard setback and a
side yard setback by Mando Photo Compatxy, 1790 West Larpenteur
Avenue, be granted subject to a 30 foot setback on the front
or north of the lot and a 20 foot setback on the west side.
Mayor Warkentien asked if this reduction would result in an
inadequate expansion for Mando Photo. Mr. Moore said the addi-
tion allowed by the above motion would be too small to be
practical .
Councilman Black said in view of opposition to his motion
he was willing to withdraw his motion. Playor Warkentien with-
drew his second to the motion. Councilman Black withdrew the
motion.
Councilman Labalestra stated that the cost of constructing a
new building at this time was almost prohibitive and reloca-
tion of a business was also. He noted that construction of a
second story on an existing building was extremely costly.
He said he felt valid points had been presented by both sides
on the variance request. Councilman Labalestra suggested that
possible sale of the Peterson property should be investigated
as a solution to the problem. He stated he was in favor of a
20 foot addition, or a 30 foot variance from the front yard set-
back.
Moved by Councilman Labalestra, seconded by Mayor Warkentien
that a variance be granted to Mando Photo Company, 1790 West
Larpenteur, for an 18 foot sideyard setback variance and a 30
foot front yard setback variance, which would allow a 20 foot
toward the north.
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Attorney Korstad reiterated this would cause a problem of blocked ~ .~~
out apartments to the west, reduce the value of the apartments,
and would establish a bad precedent on Larpenteur Avenue.
Mr. Moore felt that Mando Photo could build out as far as the
apartments on the north toward Larpenteur Avenue.
Councilman Black said he had withdrawn his motion because he felt
both sides were opposed to it and that he regarded the 18 foot side
yard setback as too close to residential property.
Moved by Counci7rnan Steele, seconded by Councilman Labalestra to
move the question. Upon a vote being taken, the following voted
"aye": Councilmen Steele and Labalestra, and the following voted
"nay": Mayor Warkentien and Councilman Black. Motion failed.
Attorney Korstad stated that James Boyd was now willing to consent
to a 20 foot addition with a 30 foot front 3Tard setback, but still
objected to the 18 foot side yard setback variance.
Upon a vote being taken;,on Councilman Labalestra's motion, the
following voted "aye": Mayor Warkentien and Councilman Labalestra,
and the following voted "nay": Councilmen Slack and Steele.
Motion failed.
Moved by Councilman Steele, seconded by Councilman Black to reopen
the question and to approve the variance request submitted by
Mando Photo CornparXy, 1790 West Larpenteur Avenue, to allow construc-
tion of an addition of 20 feet to the front with a 30 foot front
yard setback and an 18 foot side yard setback variance permittir~
them to build to within 2 feet of the west sideyard.
Mr. Boyd said he had no objection to the 18 foot sideyard variance.
Upon a vote being taken, the following voted "aye": Mayor Warkentien,
Councilmen Slack, Steele, and Labalestra, and the following voted "nay":
None. Motion carried.
Action was deferred on the approval of the Minutes of the regular APPROVAL OF
meeting of December 29, 1975, until the next Council meeting, MINUTES:
January 22, 1976. DECEM~R 29,
1975
Dan Bucholtz, Executive Vice President, North Suburban Area NORTH SUB-
Chamber of Commerce, explained the organization's objectives URBAN AREA
and functions, and said they would be available to the community CHAMBER OF
if their assistance was needed. COMNSERCE
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Councilman Steele introduced the following Resolution and RESOLUTION
moved its adoption: N0. 76-1:
OFFICIAL
RESOLUTION N0. 76-1 DEPOSITORY -
NORTH STAR
A RESOLUTION DESIGNATING THE NORTH STAR STATE BANK STATE BANK
OF ROSEVILLE AS THE OFFICIAL DEPOSITORY OF THE
GENERAL AND SINKING FUNDS OF THE CITY OF FALCON
HEIGHTS FOR 1976
Councilman Labalestra seconded the foregoing Resolution, and
upon a vote being taken thereon, the following voted in favor
thereof: Mayor Warkentien, Councilmen Black, Steele, and Laba-
lestra, and the following voted against the same: None.
Motion carried.
Mayor Warkentien introduced the following Resolution and RESOLUTION
moved its adoption: N0. 76-2:
OFFICIAL
RESOLUTION N0. 76-2 DEPOSITORY -
ROSEVILLE
A RESOLUTION DESIGNATING THE ROSEVILLE STATE BANK STATE BANK
OF ROSEPn.T.F AS THE OFFICIAL DEPOSITORY OF THE
LIQUOR FUNDS OF THE CITY OF FALCON HEIGHTS FOR 1976
Councilman Black seconded the foregoing Resolution, and upon a
vote being taken thereon, the following voted in favor thereof:
Mayor Warkentien, Councilmen Black, Steele, and Labalestra, and
the following voted against the same: None. Motion carried.
Councilman Labalestra introduced the following Resolution and RESOLUTION
moved its adoption: N0. 76-3:
REGARDING
RESOLUTION N0. 76-3 THE SAFETY
DEPOSIT BOX
A RESOLUTION REGARDING THE SAFETY DEPOSIT BOX AT AT NORTH STAR
NORTH STAR STATE BANK OF ROSEVILLE FOR 1976 STATE BANK
Councilman Black seconded the foregoing Resolution, and upon a
vote being taken thereon, the following voted-in favor thereof:
Mayor Warkentien, Councilmen 31ack, Steele, and Labalestra, and
the following voted against the same: None. Motion carried.
Moved by Councilman Steele, seconded by Councilman Labalestra OFFICIAL
to designate the St. Paul Dispatch and Pioneer Press as the NEWSPAPER
official newspaper for the City of Falcon Heights for 1976.
Upon a vote being taken, the following voted "aye": Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and the
following voted "nay": None. Motion carried.
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Moved by Mayor Warkentien, seconded by Councilman :31ack to retain DESIGNATION
the legal firm of Briggs & Morgan for the City of Falcon Heights OF LEGAL FIRM
for the year 1976. Upon a vote being taken, the following voted
~ "aye": Mayor Warkentien, Councilmen Black, Steele, and Labalestra,
and the following voted ''nay": None. Motion carried.
Moved by Councilman Black, seconded by Councilman Steele to retain DESIGNATION
the engineering firm of Bonestroo, Rosene, Anderlik & Associates OF ENGINF~RING
for the City of Falcon heights for the year 1976. Upon a vote FIRM
being taken, the following voted "aye": Mayor Warkentien, Council-
men Black, Steele, and Labalestra, and the following voted "nay":
None. Motion carried.
Council discussed the need for the presence of the City Engineer ENGINEER'S
at all Council meetings. NEED TO BE
PRESENT AT
Moved by Councilman Steele, seconded by Councilman Labalestra MEETINGS
that the agenda for Council meetings be reviewed as to the need
of the Engineer to be present and that he be so notified. Upon
a vote being taken, the following voted "aye": Mayor Warkentien,
Councilmen Black, Steele, and Labalestra, and the following voted
"nay": None. Motion carried.
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Moved by Mayor Warkentien, seconded by Councilman Black to retain DESIGNATION
the firm of Juran & Moody as the fiscal consultant agent for the OF FISCAL
City of Falcon Heights for 1976. Upon a vote being taken, the CONSULTANT
following voted "aye": Mayor Warkentien, Councilmen Black, Steele,
and Labalestra, and the following voted "nay": None. Motion
carried.
Councilman Steele introduced the following Resolution and moved
its adoption:
RESOLUTION N0. 76-t~
A RESOLUTION AUTHORIZING THE RENEWAL OF THE STREET"
LIGHTING CONTRACT j1ITH NORTHERN STATES POWER COMPANY
AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE SAME
Councilman Labalestra seconded the foregoing Resolution and upon
a vote being taken, the following voted in favor thereof: Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and the
following voted against the same: None. Motion carried.
following voted "nay": None. Motion carried.
RESOLUTION
N0. 76-1~:
RENEWAL OF
NORTHERN STATE
POWER CO.
CONTRACT
Moved by Councilman Black, seconded by Councilman Steele to approve HEALTH BOARD
the reappointment of Nlrs. Veronica Kjelland, 1795 Arona, to the APPOINTMENT
Board of Health for a term of three years, e~iring December 3l, 1978.
Upon a vote being taken, the following voted "aye": Mayor
Warkentien Councilmen Black, Steele, and Labalestra, and the
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Moved by Councilman Labalestra, seconded by Councilman Steele HUMAN RIGHTS
to approve the appointment of the following to the Human Rights COMMISSION
Commission for three year terms, expiring December 31, 1978: APPOINTr7gTTS
Reverend Marion Pocker, 18J~.0 North Pascal; Mary Amberg, 1575
Northrop; and Doctor Gregory Stende, 1576 North Snelling. Upon
a vote being taken, the following voted "aye": Mayor Warkentien,
Councilmen Black, Steele, and Labalestra, and the following voted
"nay": None. Motion carried.
Moved by Councilman Black, seconded by Councilman Steele to approve PLANNING
~ reappoint Robert Blomberg, 11.1.81 West Hoyt, and Leo S. Ohman, COMMISSION
1635 Garden, to the Planning Commission for three year terms APPOINTMENTS
expiring December 31, 1978. Upon a vote being taken, the
following voted "aye": Mayor Warkentien, Councilmen Black,
Steele, and Labalestra, and the following voted "nay": None.
Motion carried.
Councilman Labalestra introduced the following Resolution and
moved its adoption:
RESOLUTION N0. 7b-5
A RESOLUTION ESTABLISHING A TEMPORARY PARK DEVELOPMENT
COMMITTEE FOR THE CITY OF FALCON HEIGHTS
Mayor Warkentien seconded the foregoing Resolution, and upon a
vote being taken, the following voted in favor thereof: Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and th e
following voted against the same: None. Motion carried.
Moved by Councilman Steele, seconded by Councilman Black to
approve the appointments of the following to the temrporary
Park Development Committee: Richard Fischer, 178>.~ Arona;
Ray Garcia, 1906 Prior; Janet Brown, 1887 Simpson; Maxine
Harkness, 1879 Tatum; Diane Kelsey, 1355 Idaho; and Herbert
Pick, 1603 Northrop. Upon a vote being taken, the following
voted "aye": Mayor Warkentien, Councilmen Black, Steele, and
Labalestra, and the following voted "nay's: None. Motion
carried.
RESOLUTION
No. 76-5:
ESTAffi,I SHING
A PARK DEVELOP-
MENT COMMITTEE
PARK DEVELOP-
MENT COMMITTEE
APPOINTMENTS
Moved by Councilman Labalestra, seconded by Councilman Steele ACTING MAYOR
to appoint Councilman Black as Acting Mayor for the City of
Falcon Heights for the year 1976. Upon a vote being taken, the
following voted 'saye'~: Mayor Warkentien, Councilmen Steele and
Labalestra, and the following voted "nay": None. Councilman
Black abstained. Motion carried.
Moved by Councilman Labalestra, seconded by Councilman Black to CIVIL ~'ENSE
approve the appointment of Henry Dachtera, 173l~ Pascal Avenue DIRECTOR
North, as Civil Defense Director for 1976. Upon a vote being
taken, the following voted "aye": Mayor Warkentien, Councilmen
Black and Labalestra, and the following voted s'nay": Councilman
Steele. Motion carried.
r
Councilman Black suggested that a citizens' committee of three
persons be appointed at some time in the future to investigate
and determine whether it was necessary to have "sleepers" on
duty at night for the Fire Department.
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FIRE I~PART-
MENT NIGHT
CREW
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Moved by Mayor Warkentien, seconded by Councilman Black to
approve the appointment of Frank B. Eha, 691 Orange Street,
as Gas Inspector for the City of Falcon Heights for 1976.
Upon a vote being taken, the following voted "aye": Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and
the following voted "nay": None. Motion carried.
Moved by Councilman Labalestra, seconded by Councilman Steele
to approve the appointment of Robert Clausen, 1586 East Sextant,
as Electrical Inspector for the City of Falcon Heights for 1976.
Upon a vote being taken, the following voted "aye": Mayor Wark-
entien, Councilmen Black, Steele, and Labalestra, and the follow-
ing voted "nay": None. Motion carried.
GAS
INSPECTOR
ELECTRICAL
INSPECTOR
Moved by Councilman Labalestra, seconded by Councilman Black to BjTILDING
approve the appointment of Larry Squires, 386 W. County Road G2, INSPECTOR
as Building Inspector for the City of Falcon Heights for 1976.
Upon a vote being taken, the following voted "aye": Mayor Wark-
entien, Councilmen Black, Steele, and Labalestra, and the follow-
ing voted "nay": None. Motion carried.
Moved by Councilman Steele, seconded by Mayor Warkentien to approve HORTICULTURIST
the appointment of Dr. C. Gustav Hard, 1937 Autwun, as Horticultu-
rist for the City of Falcon Heights for 1976. Upon a vote being
taken, the following voted "aye": Mayor Warkentien, Councilmen
Black, Steele, and Labalestra, and the following voted "nay": None.
Motion carried.
Moved by Mayor Warkentien, seconded by Councilman Labalestra to PLUMHING
appoint Richard Alquist, 1006 Arbogast, as Plumbing Inspector for INSPECTOR
the City of Falcon Heights for 1976. Upon a vote being taken, the
following voted "aye": Mayor Warkentien, Councilmen Black, Steele,
and Labalestra, and the following voted "nay": None. Motion carried.
Moved by Mayor Warkentien, seconded by Councilman Steele to TAX
appoint Charles P. Stone, 1375 West Idaho Street, as Tax Consultant CONSULTANT
for the City of Falcon Heights for 1976. Upon a vote being taken,
the following voted "aye": Mayor Warkentien, Councilmen Black,
Steele, and Labalestra, and the following voted "nay": None.
Motion carried.
Moved by Councilman Steele, seconded by Mayor Warkentien to LIQUOR STORE
accept the job description for the Lit,Iuor Store Manager, as MANAGER JOB
amended. Upon a vote being taken, the following voted "aye": DESCRIPTION
Mayor Warkentien, Councilmen Black, Steele, and Labalestra,
and the following voted "nay": None. Motion carried.
The job description for the Liquor Store Manager is on file in
the Clerk's office.
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It was Council consensus that the Fire Department was called FIRE
unnecessarily to the Embers Restaurant parking lot recently, REPORTS
therefore, the following motion was made:
Moved by Mayor Warkentien, seconded by Councilman Steele to bill
the $l~9.00 expense involved in answering Fire Report No. 2-1976
to the Ramsey County Sheriff's Department. Upon a vote being taken,
the following voted "aye": Mayor Warkentien, Councilmen Black, Steele,
and Labalestra, and the following voted "nay": None. Motion carried.
Fire reports Nos. 85, 86 (1975), and Nos. 1, 3, 1~, 5 (1976) were noted.
Moved by Mayor Warkentien, seconded by Councilman Black to approve CIGARETTE
the Cigarette License, No. I~39, for Norbert Lucas, Hamline Foods, LICENSE #439
1579 North Hamline Avenue. Upon a vote being taken, the following
voted "aye'': Mayor Warkentien, Councilmen Black, Steele, and Laba-
lestra, and the following voted "nay": None. Motion carried.
Moved by Councilman Black, seconded by Councilman Labalestra to
app rove License #133 for Non-Intoxicating Malt Liquor sales
issued to Norbert Lucas, Hamline Foods, 1579 North Hamline Avenue.
Upon a vote being taken, the following voted "aye": Mayor Warken-
tien, Councilmen Black, Steele, and Labalestra, and the following
voted "nay": None. Motion carried.
Councilman Labalestra introduced the following Resolution and
moved its adoption:
RESOLUTION N0. 76-6
A RESOLUTION AUTHORIZING THE POSTING OF "NO PARKING"
SIGNS ON THE EAST SIDE OF FOLWELL AVENUE STARTING AT
THE INTERSECTION WITH HOYT AVENUE AND PROCEEDIlJG NORTH
300 FEET
NON-INTOXICAT-
ING MALT
LIQUOR LICENSE
#l33
RESOLUTION
No. 76-6:
POSTING "NO
PARKING" SIGNS
ON FOLWELL
AVENUE
Councilman Steele seconded the foregoing Resolution, and upon a
vote being taken thereon, the following voted in favor thereof:
Mayor Warkentien, Councilmen Black, Steele, and Labalestra, and
the following voted against the same: None. Motion carried.
The need for these signs was determined when it was noticed that
the width of the street was only 30 feet, and because of snow banks
and cars parked on both sides, access for emergency vehicles or buses
would be difficult.
Moved by Councilman Black, seconded by Councilman Labalestra to
approve the General Disbursements in the amount of $5,579.60.
Upon a vote being taken, the following voted "aye": Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and the
following voted "nay": None. Motion carried.
GENERAL
DI SBtk~.SEMENTS
9
Moved by Councilman Steele, seconded by Councilman Labalestra LIQUOR
to approve the Liquor Disbursements in the amount of $l~,002.33• DISBURSEMENTS
Upon a vote being taken, the following voted "aye": Mayor
Warkentien, Councilmen Black, Steele, and Labalestra, and th e
following voted "nay": None. Motion carried.
The following men were elected to office at the annual meeting FIRE DEPART-
of the Falcon Heights Volunteer Fire Department Relief Association: MENT RELIEF
President Joe Bianchi ASSOCIATION
Vice President Ray Brown OFFICERS
Secretary Henry Dachtera
Treasurer John Lucy
Trustees Robert Luey and Ralph Dowdell.
Councilman Steele noted that dogs were running at large on UNLEASMED
Albert Avenue. MAPSI is to be contacted regarding this problem. DOGS
The Clerk-Administrator was directed to submit an article ARTICLE:
to the Twin Cities magazine, as requested in their letter of TWIN CITIES
January , 197 MAGAZINE
Councilman Black asked that the Clerk-Administrator investigate TAPE
the purchase of a tape recorder to be used at the Council meetings. RECORDER
PURCHASE
Engineer Lemberg reported that the plans for Arona storm sewer ARONA AND
improvements and Crawford street work were being finalized. CRAWFORD
II'~ROVEMENTS
Discussion was held concerning the deadend of the ~t inch water WATER MAIN
main at Garden Avenue and Albert Avenue, which causes a lack of PROBLEM ON
pressure in that area. ALBERT AVENUE
Mayor Warkentien introduced the following Resolution and moved RESOLUTION N0.
its adoption: 76_7sa
PREPARATION OF
RESOLUTION N0. 76-7 PLANS AND
SPECIFICATIONS:
A RESOLUTION AUTHORIZING THE ENGINEER TO PREPARE ALBERT AVENUE
PLANS AND SPECIFICATIONS TO LOOP THE WATER MAIN
ON THE DEADEND OF ALBERT AVENUE AND GARIIEN AVENUE
Councilman Steele seconded the foregoing Resolution, and upon a
vote being taken thereon, the following voted in favor thereof:
Mayor Warkentien, Councilmen Black, Steele, and Labalestra, and
the following voted against the same: None. Motion carried.
Moved by Councilman Steele, seconded by Councilman Labalestra ADJOURNMENT
to adjourn the meeting at 10:57 p.m. Upon a vote being taken,
the following voted "aye": Mayor Warkentien, Councilmen Black,
Steele, and Labalestra, and the following voted "nay": None
Motion carried. /~
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LLIS C. A. WARKENTIEN, Mayor
ATTE Dewan B. Barnes, Clerk-Administrator
,~ ~ ~~_~ Regular Meeting, January 8, 1976