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CCMin_76May13
+~ 9 ~~ MINUTES OF REGULAR COUNCIL MEETING FALCON HEIGHTS, MINNESOTA MAY l3, 1976 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, Ecklund, Steele, and Labalestra.PRESENT Also present were Clerk-Administrator Barnes, Engineer Cook, and Attorney Kenefick. None. ABSENT Moved by Councilman Steele, seconded by Councilman Ecklund to APPROVAL OF approve the Minutes of the regular meeting of April 22, 1976, MINUTES: as corrected. Upon a vote being taken, the following voted APRIL 22, "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and 1976 Labalestra, and the following voted "nay": None. Motion carried. Paul Manke, 191l~ North Albert, has requested a variance to build VARIANCE: a double garage, which would be located 3!~ feet from Roselawn PAUL MANKE, (travelled portion) and 8 feet from the rear lot line. This 1911 NORTH request has not been brought up before the Planning Commission ALBERT at this time. Moved by Councilman Steele, seconded by Councilman Black to approve the variance as requested by Paul Manke, 191l~ North Albert, subject to approval by Ramsey County and the Falcon Heights Planning Commission. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted "nay": Non®. Motion carried. Pursuant to Ordinance No. 64, Section 6.3(2), approval for the construction of swimming pools must be given by Council. Kenneth Lancaster, 1905 North Snelling, has filed the proper applications for building and pool permits for installation of a 32 x 16 foot pool in his backyard. Bob Brand, Sales Manager for Aquarius Pool Company, described the pool's construction. Moved by Councilman Black, seconded by Councilman Labalestra, to grant approval of a pool to Kenneth Lancaster, 1905 North Snelling, to be constructed in the backyard at said address, according to the submitted plans. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following toted "nay": None. Motion carried. The City Engineer has requested that Resolution No. 76-1Lt, Authorizir~ Completion of Plans and Specifications and Pre tion of Bids for Garden Avenue Improvements and Setting a Date for Bids, be rescinded as it states the width of the street to bebe 3$~feet and should state the width at 36 feet. Mayor Warkentien introduced the following resolution, and moved its adoption: PERMITTED USE APPROVAL: KENNETH LANCASTER, 1905 NORTH SHELLING RESOLUTION N0. 76-15: RESCINDING RESOLUTION N0. 76-1l~ AND AUTHORIZING PLANS, SPECS, AND BIDS FOR GARDEN AVENUE Minutes May 13, 19 76 Page Two 1 RESOLUTION N0. 76-15 5 0 ~~ A RESOLUTION RESCINDING RESOLUTION N0. 76-1lt AND AUTHORIZING COMPLETION OF PLANS AND SPECIFICATIONS AND PREPARATION OF BIDS FOR GARDEN AVENUE IMPF~VE- MENTS AND SETTING A DATE FOR BIDS 1 Councilman Labalestra seconded the foregoing resolution, and upon a Tote being taken, the following Toted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the follow- ing Toted against the same: None. Motion carried. Moved by Councilman Ecklund, seconded by Councilman Steele to CIGARETTE issue " Cigarette License No. lGla.1 to the Borgstrom Pharlnaey, LICENSE N0. 1~1~1 1583 North Harnline ATenue. Upon a Tote being taken, the follow- BORGSTROM ing Toted "aye": Mayor Warkentien, Councilmen Black, Ecklund, PHARMACY Steel®, and Labalestra, and the following Toted "nay": None. Motion carried. MoTed by Councilman Labalestra, seconded by Mayor Warkentien, CIGARETTE to issue Cigarette License No. !~lt2 to the Falcon Heights LICENSE N0. !~l~2 Municipal Liquor Store. Upon a vote being taken, the following MUNICIPAL Toted "aye": Mayor Warkentien, Councilmen Black, Ecklund, LIQUOR STORE Steele, and Labalestra, and the following Toted "nay": None. Motion carried. Moved by Councilman Steel®, seconded by Mayor Warkentien to TREE PRUNING approve. the tree pruning contract estimate submitted by Dr. Hard, CONTRACT City Horticulturist, for 1976, as follows: ESTIMATE Prune 86 ~ $32.00 $2,752.00 Remove 3 ® $60.00 180.00 Cable 1 ® $20.00 20.00 Remove stumps 10 C $11.00 110.00 3,0 2.00. Upon a Tote being taken, the following Toted "aye": Mayor Warken- tien, Council.n-en Black, Ecklund, Steele, and Labalestra, and th e following Toted "nay's: None. Motion carried. MoTed by Mayor Warkentien, seconded by Councilman Black to grant MASTER GAS approval of Master Gas Installers License No. 329 to Ray N. Welter INSTALLERS Compar~r, 4637 Chicago ATenue, Minneapolis, Minnesota 55407. Upon LICENSE N0. 329 a Tote being taken, the following Toted "aye": Mayor Warkentien, WELTER Councilmen Slack, Ecklund, Steele, and Labalestra, and the HEATING CO. following Toted "nay": None. Motion carried. MoTed by Councilman Steele, seconded by Mayor Warkentien to grant the Clerk-Administrator approval and authorization to publish the General Revenue Sharing Planned Use Report for the entitlement period, July 1, 1976 through December 31, 1976, for policing. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Steele, and Labalestra, and the following Toted "nay": Councilman Ecklund. Motion carried. GENERAL REVENUE SHARING PLANNED USE REPORT 1 1 Minutes ~y 13, 19 76 Page Three 5 ~ ~- Councilman Ecklund voted "nay" as he felt that the funds could have been applied to another project, which would help preserve the funding. Moved by Council.naan Steel®, seconded by Councilman Labalestra 1976 TREE to award the bid for 1976 tree planting to Landplans, 9011 West PLANTING Millwood, Roseville, Minnesota. 55113, in the amount of $1,357.50 BID AWARD for the purchase and planting of trees, as set forth by Dr. Gustav Hard, Horticulturist. 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. As recommended by the City Engineer, the following resolutions relating to parking restrictions were adopted: Mayor Warkentien introduced the following resolution and moved RESOLUTION its adoption: N0. 76-1b: RELATING TO RESOLUTION N0. 76-16 PARKING RESTRICTIONS ON A RESOLUTION RELATING TO PARKING RESTRICTIONS ON GARDEN AVENUE GARDEN AVENUE FROM PASCAL AVENUE TO HAMLINE AVENUE Councilman Steele seconded the foregoing resolution, and upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted against the same: None. Motion carried. This resolution restricts the parking of motor vehicles to one side of Garden Avenue from Pascal Avenue to Hamline Avenue at all times, unless hereafter authorized in writing by the State Highway Commissioner. Councilman Ecklund introduced the following resolution and moved RESOLUTION its adoption: N0. 76-17: RELATING TO RESOLUTION N0. 76-17 PARKING R.ESTR.ICTIONS A RESOLUTION RELATING TO PARKING RESTRICTIONS ON ON ARONA ARONA AVENUE FROM HOYT AVENUE TO WEST CALIFORNIA AVENUE AVENUE Councilman Black seconded the foregoing resolution, and upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Slack, Ecklund, Steele, and Labalestra, and the following voted against the same: None. Motion carried. Minutes May 13, 1976 Page Four This resolution restricts the parking of sides of Arona Avenu® from Hoyt Avenue t at all times, unless hereafter authorize Highway Commissioner. motor vehicles on both o West California Avenue d in writing by the State Councilman Black introduced the following resolution and moved its adoption: RESOLUTION N0. 76-18 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON CRAWF'ORD STREET FROM SNELLING SERVICE DRIPE TO ARANA AVENUE Councilman Ecklund seconded the foregoing resolution, and upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, and Steele, and the following voted against the same: Councilman Labalestra. Motion carried. This resolution restricts the parking of motor vehicles on one side of Crawford Street from the Snelling Avenue Service Drive to Arona Avenue at all times, unless hereafter authorized in writing by the State Highway Commissioner. Attorney Kenefick reviewed past Council action on this matter relating to the suspension of Bottle Club License No. 316 and On-Sale Non-Intoxicating Malt Liquor License No. 186 issued to Clement A. Lehnen, Falcon Lanes, Inc., 1550 West Larpenteur Avenue (See Minutes of December 11, 1975; Deceanber 29, 1975; April 8, 1976; and April 22, 1976.). The licenses had been temporarily suspended at the Council meeting of April 22, 1976, pending a public hearing this evening. Clerk-Administrator Barnes reported that one of the two men on duty the evening the after hours closing violation occurred had been found guilty by the Court on May ~., 1976. RESOLUTION N0. 76-18: RELATING TO PARKIN RESTRICTIONS ON CRAWFORD STREET PUBLIC HEARING: FALCON LANES LIQUOR LICENSES Council agreed that better control of the employees was necessary in order that sales or consumption of alcoholic beverages would not take place after 1:00 a.m. Charles Olson, Attorney for Clem Lehnen, stated it was extremely difficult to enforce non-consumption after 1:00 a.m. He said perhaps the consumers should be fined rather than bartenders or proprietors. Councilman Ecklund stated he did not think Bottle Club licenses should be issued in the metropolitan area and that h® had to vote for some kind of suspension. Councilman Steele felt that the Bottle Club license should be revoked, possibly for a one year period. Minutes Page Five May 13, 1976 Moved by Councilman Black, seconded by Councilman Labalestra to suspend the Bottle Club License, No. 316, for sixty (60) days, retroactive to April 23, 1976, for Falcon Lanes, Inc., 1550 West Larpenteur Avenu®, with no suspension of the On- Sale Non-Intoxicating Malt Liquor License held by Falcon Lanes, No. 186. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Counciloren Black and Labalestra, and the following voted "nay": Councilmen Ecklund and Steele. Motion carried. Diane Kelsey, 1355 Idaho Avenue West, Chairman of the Park Development Committee, submitted a proposal for the purchase and installation of the following park equipment and materials at Falcon Heights Community Park: (1)_ Three 8' picnic table frames and sufficient clear grade redwood lumber to assemble complete units; (2) Two 30" waist high grills; (3) A physical fitness complex designed for upper primary and intermediate age children; and (!~) 2~ cubic yards of sand to cover the X01 x 50' fitness complex area to a depth of ~.s' . The installation of the above items was the recommendation of the Park Development Committee. Moved by Councilman Ecklund, seconded by Councilman Black to approve the purchase and installation of park equipment as proposed by the Park Development Committee, with the amount of money provided by the City to be determined at a later date. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Council- men Black, Ecklund, Steele, and Labalestra, and the following voted "nays': None. Motion carried. It was suggested that local service organizations be contacted to contribute toward the funding of the park equipment, with proper acknowledgement to be provided. Councilman Steele noted that tree planting in the Northome Addition would begin as soon as possible. He also said it was the recommendation of the Tree Committee to leave the four trees intact on Arona Avenue after the street was re- constructed. 5 '~ PARK DEVELOPMENT COMMITTEE REQUEST TREE COMMITTEE REPORT Minutes May 13, 1976 ~ 4 Page Six Councilman Labalestra described a proposed circular which would MUNICIPAL be distributed to residents of Falcon Heights advertising the LIQUOR STORE Municipal Liquor Store. The circular would be distributed by ADVERTISING hand. CIRCULAR Councilman Steele stated he felt distribution should be outside the community, not within it. He felt some citizens may be offended by the circular. Councilman Labalestra stated he did not think it would be fair to promote the liquor store sales outside the community without promoting it within the community to start with. Mayor Warkentien said h© was in favor of community distribution. Councilman Ecklund was in favor of newspaper advertising rather than a circular handout. Councilman Black said he approved of a circular handout in the community. Moved by Councilman Labalestra, seconded by Councilman Slack that authorization be given for distribution of an advertising circular for the Municipal Liquor Store to each resident in the community and that the budget for distribution and publication not exceed $100.00. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Slack, Steele, and Labalestra, and the following voted "nay": Councilman Ecklund. Motion carried. Councilman Labalestra reviewed a proposed contract submitted by Refrigeration Systems, Inc., for service and maintenance of cooling equipment at the Municipal Liquor Store. Moved by Councilman Labalestra, seconded by Mayor Warkentien that the Falcon Heights Municipal Liquor Store operation be under a maintenance and service contract with Refrigeration Systems, Inc., for services as written in the contract for a sum not to exceed $1132.00 yearly; payable $108.00 per quarter. 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. Ramsey County has notified the City. that due to an oversight, they failed to bill the City for its share of operating costs for the Larpenteur Avenue lift station for 1973, 19711, and 1975, for a total amount of $5,362.90. (1973: $2,256.66; 1971: $945.08; and 1975: $2,161.16) Due to the fact the 1973 and 1974 amounts were not in the City Budget for 1976, the following motion was made: PREVENTATIVE MAINTENANCE CONTRACT FOR MUNICIPAL LIQUOR STORE LARPENTEUR AVENUE LIFT STATION COSTS Minutes May 13, 1976 C ~ ,~ ~ Page Seven R~ Moved by Councilman Steele, seconded by Mayor Warkentien that the City pay its share of the 1975 operating and maintenance cost for the Larpenteur Avenue lift station, as billed by Ramsey County in the amount of $2,161.16 from the 1976 budget, but defer payment of the 1973 amount ($2,256.66) and the 197I~ amount ($945.08) until 1977• 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 Councilman Steele, seconded by Councilman Ecklund to DUPLICATE authorize the City Administrator to issue a duplicate check CHECK: ART'S in the amount of $25.00 to Art's Emergency Towing replacing EMERGENCY the original, which has been lost. Upon a vote being taken, TOWING 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 REQUEST Ta that authorization be given to write off a check issued by WRITE OFF Michael Cavin, Deceased, in the amount of $17.38, from th a CHECK Liquor Fund. 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 Steele to REQUEST TO approve the hiring of Howard Frank Smeby, 1801 Asbury Avenue, HIRE FIREMAN: for the Falcon Heights Fire Department, subject to his passing HOWARD SMEHY a physical examination and a probationary period. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Slack, Ecklund, Steel®, and Labalestra, and the following voted "nay": None. Motion carried. Mayor Warkentien and Clerk-Administrator Barnes had met with DISCUSSION: members of the Volunteer Fire Department to discuss amending APPOINTMENT Ordinance No. 38 with regard to the appointment of the Fire OF FIRE CHIEF Chief and two Assistant Fire Chiefs.on April 27, 1976. The proposed amendment would provide that the Council would appoint the Chief and a First and Second Assistant Fire Chief for 3 year terms. Those selected would be eligible for re- appointment and be chosen from members of the Fire Department. The Fire Department would submit the names of two or more persons for the office of Fire Chief and two names for the office of the First Assistant and Second Assistant Fire Chief. Can- . didates not selected for a given position would be included in the vote for remaining positions. 1 1 Minutes May 13, 19 76 Page Eight 56~~ Mayor Warkentien introduced the following Ordinance and moved ORDINANCE its adop tion: N0. 150: RELATING TO THE ORDINANCE N0. 150 ESTARLISHI~NT AND GOVERNMENT AN ORDINANCE AMENDING ORDINANCE N0. 38 RELATING OF A VOLUNTEER TO THE ESTABLISHMENT AND GOVERNMENT OF A VOLUNTEER FIRE DEPARTMENT FIRE DEPARTMENT Councilman Black seconded the foregoing motion to adopt Ordinance No. 150, and upon a vote being taken, the following voted in favor thereof: Mayor Warkentien, Councilmen Black and Labalestra, and the following voted against: Councilman Steele. Councilman Ecklund abstained. Motion carried. Fire reports, Numbers 30 through 38, were noted. FIl~.E REPORTS Stanley Schultz, 1725 Fry Street, has a boulevard tree which BOULEVARD has been causing blockage of his main sewer pipe and has re- TREE REMOVAL: quested the Council to take necessary action to have the tree 1725 FRY removed. STREET The Building Inspectors report for the month of April was noted. .B<TILDING INSPECTORS REPORT Moved by Mayor Warkentien, seconded by Councilman Ecklund that Stanley Schultz, 1725 Fry Street, be allowed to remove a boulevard tree that is causing sewer probleuns at his own expense. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, and Labalestra, and the following voted "nay": None. Councilman Steele abstained. Motion carried. Moved by Mayor Warkentien, seconded by Councilman Ecklund that MEETING the meeting be continued beyond the 11:00 p.m. deadline for CONTINUATION adjourruRent until 11:30 p.m. 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. Minutes May 13~ 1976 Page Nine ^ Moved by Councilman Ecklund, seconded by Councilman Black to GENERAL approve the General Payroll, April 16 - 30, 1976, in the amount PAYROLL of $3,732.29• 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 Councilman Steele, seconded by Mayor Warkentien, to GENERAL appro,re the G®neral Payroll, May 1 - l5, 1976, in the amount of PAYROLL $3.312.36. 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 Councilman Labalestra, seconded by Mayor Warkentien, to LIQUOR approve the Liquor Payroll, April 16 - 30, 1976, in the amount of PAYROLL $1,839.75. 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 Council.naan Labalestra, seconded by Councilman Black to LIQUOR approve the Liquor Payroll, May 1 - 15, 1976, in the amount of PAYROLL $1,692.36. 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 Councilman Steele, seconded by Councilman Ecklund to GENERAI, approve the General Disbursements in the amount of $19,950.39. 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. Moved by Councilman Labalestra, seconded by Councilman Black to LIQUOR approve the Liquor Disbursements in the amount of $36,318.98• DIS&JRSEMENTS 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. Herbert Blumentritt, 1881 North Pascal, has requested the sod BOULEVARD replaced in his front yard boulevard area. Council consmnsus REPAIR was to furnish black dirt and seed, but not to re-sod. Moved by Mayor Warkentien, seconded by Councilman Labalestra to furnish black dirt and seed for the boulevard, broken up by snowplows, for Herbert Blumentritt, 1881 North Pascal, 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. A discussion was held regarding reservations for the tennis TENNIS COURT courts at the Community Park. RESERVATIONS Moved by Councilman Ecklund, seconded by Councilman Steele that a reservation system for Falcon Heights residents only be initiated Minut®s May 13, 1976 Page Ten and an overseer be hired for the operation of same. Upon a vote being taken, the follo~ring voted "aye": Mayor Warkentien, Council- men Black, Ecklund, Steele, and Labalestra, and the following voted nnay": None. Motion carried. The City Attorney was directed to draft a proposed ordinance BEER. CON- with regard to the consumption of beer or liquor in City parks, SUMPTION IN similar to that adopted by Ramsey County for County parks. PARKS This matter is to be brought up at the meeting of May 27, 1976. Moved by Mayor Warkentien, second®d by Councilman Labalestra to ADJOURNMENT adjourn the me®ting at 11:17 p.m. Upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund Steele, and Labalestra, and the following voted "nay": None. notion carried. ~ /, /J WILLIS C. A. WARKENTIEN, Mayor ATTEST: ~~ Dewan B. Barnes, Clerk-Administrator