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HomeMy WebLinkAboutCCMin_76Jun24MINUTES OF REGULAR COUNCIL P~2FETING FALCON HEIGHTS, MINNESOTA JUNE 2l~, 1976 A regular meeting of the Falcon Heights City Council was called to order by Acting S~ayor Black at 7:30 p.m. Acting Mayor Black, Councilmen Ecklund and Steele. Also present PRESENT were Clerk-Administrator Barnes, Engineer Cook, and Attorney Kenefick. Mayor ~~arkentien and Councilman Labalestra. ABSENT "~ .~ Moved by Councilman Ecklund, seconded by Councilman Steele to approve APPROVAL OF the Minutes of June 10, 1976, as corrected. Upon a vote being taken, MINUTES: the following voted "aye": Acting Mayor Black, Councilmen Ecklund JUNE 10, 1976 and Steele, and the following voted "nay": None. Motion carried. Moved by Councilman Steele, seconded by Councilman Ecklund to approve CONSENT the following items: AGENDA 1. Fire Reports, Nos. 1~3 through ~8; 2. Ramsey County Sheriff's Report, May; 3. Liquor Store Financial Status Report, May; 1~. Approval of Licenses: (a) Cigarettes #1t1t9-Renewal Moore Way Co. - GTA Falcon Heights #lt50-Renewal Hamline Foods 1579 North Hamline Falcon Heights #151-Renewal Northern Vending Services, Inc. Clark's Submarine Sandwiches 1670 North Snelling Falcon Heights #152-Renewal Falcon Lanes, Inc. 1550 West Larpenteur Falcon Heights #153-New (Temporary) James C . Rogers Fairgrounds, Commonwealth Street Falcon Heights #1~51~-New (Temporary) James C. Rogers Fairgrounds, Pit Stop Falcon Heights. ~~ Minut®s June 24, 1976 Page Two (b) Refuse Haulers #346-Renewal Walters Disposal Service 2830 101st Avenue Northeast Minneapolis (c) Filling Station Operators #345-Renewal Hamline & Hoyt Service, Inc. 1565 North Hamline Avenue Falcon Heights (d) Master Gas Installers #334-R®newal Standard Heating & Air Conditioning Co. 410 West Lake Street Minneapolis #335-Renewal The Snelling Co. 1.00 Concordia St. Paul (e) Non-Intoxicating Malt Liquor (3.2) Off Sale #134-Renewal Hamline Foods 1579 North Hamline Avenue Falcon Heights #135-Renewal Falcon Lanes, Inc., 1550 West Larpenteur Falcon Heights (f) Non-Intoxicating Malt Liquor (3.2) On Sale #201-Renewal Falcon Lanes, Inc. 1550 West Larpenteur Falcon Heights; 5. General Disbursements in the amount of $21G,569.05; 6. Liquor Disbursements in the amount of $9,212.56; 7. General Payroll, June 1 - 15, 1976, in the amount of $3,623.86; 8. Liquor Payroll, June 1 - 15, 1976, in the amount of $1,855.87; 9. Sinking Fund Disbursement, Improvement Bonds of July 1967, in the amount of $5,751.86. ~~ ~I Minutes June 2l~, 19 76 Page Three Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Moved by Acting Mayor Black, seconded by Councilman Ecklund to S"~JIMMING POOL: approve the request for installation of a swimming pool, 30 feet JAMES McGUIRE by 15 feet, ~ feet above ground level, as submitted by James 1529 Tr1. IOWA McGuire, 1528 West Iowa Avenue. Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Charles Soderberg, 1l~52 West Idaho Avenu®, has submitted a con- ditional use request to build a radio tower at 1452 West Idaho Avenue. When this matter was brought before the Planning Com- mission, June 1l~, 1976, it was their concensus that such con- struction would require both a variance and a conditional use application. They also asked that the matter be ref erred to the City Attorney for his opinion concerning the application of Ordinance No. 6l~. The Attorney's opinion was: VARIANCE AND CONDITIONAL USE REQUEST: TO CONSTRUCT RADIO TOWER, CHARLES SEDERBERG, 1l~52 WEST IDAHO 1. g television or radio tower is an accessory use and the applicant must secure a conditional use permit from the Council for such accessory use in an R-1 district; 2. If the Council determines that the applicant is entitled to a conditional use permit, the tower may not exceed twenty-five feet in height; 3. There is no authority to increase the height limitations by fifty percent under Section 15 of the ordinance; 1~. The Council could grant a variance and a conditional use: the conditional use for the basic structure and the variance to allow the structure to exceed twenty-five feet in height..... Acting Mayor Black reviewed the minutes of the Planning Commission meeting of June 1l~, 1976, at which time a motion was made to approve the conditional use request, however, the motion failed. Charles Soderberg described the ~.0 foot tower and antenna he is proposing to build on his property. He referred to various legal cases and city ordinances concerning the construction of amateur radio towers and antennas. It was noted that the neighbors on both sides of Mr. Soderberg had no objection to the erection of the tower, but the neighbor to the rear did object. 7~ Minutes June 2l~, 19 76 Pag® Four The Attorney stated he would like to review some of the legal cases that Mr. Sederberg referred to before Council took action on the matter. Arthur T~iajerus, 1.27 Iowa Avenue, stated he felt there was inter- ference in television reception from radio towers in the area now and was not in favor of any further construction of radio towers. Moved by Acting Mayor :Black, seconded by Councilman Steele to table the conditional use request submitted by Charles Sederberg, u,.52 West Idaho, for erection of a ham radio tower on his property, to the meeting of July 8, 1976, in order to give the City Attorney the opportunity to research the law on the matter. Upon a vote being taken, the following voted "ay®": Acting Mayor 131ack, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Acting Mayor Black called the public hearing to order. Clerk- PUBLIC HEARING: Administrator Barnes read the Notice of Public Hearing as pub- GLENN MARTIN/ lished. Glenn Martin, 3263 Sandeen Road, has requested a sub- RUTH MARTIN: division of a lot fronting on 1765 Fairview Avenue in order to SUBDIVISION build a home on the west end of the lot, fronting on Lindig Street. The Council has adopted Resolution P1o. 76-8 (March 11, 1976) and Resolution No. 76-27 (June 10, 1976) regarding this subdivision and stipulated certain conditions to be met before construction of the home could be commenced. Acting Mayor Black reviewed the Planning Commission minutes of their meeting of June 1~., 1976, at which time the request was recommended for approval. Engineer Cook stated his only concern was if. a patio was constructed as shown on the plans, drainage could b® affected. Mr. Martin said he no longer intended to build the patio, but, at some time in the future, planned to add a deck instead. Acting Mayor Black introduced the following Resolution and moved RESOLUTION N0. its adoption: 76-29; APPROVING MARTIN RESOLUTION N0, 76-29 SUBDIVISION A RESOLUTION APPROVING RUTH MARTIN'S REQUEST FORA SUB- DIVISION OF UNPLATTED LANDS SUB TO NEW BRIGHTON ROAD THE S 9l~ 76/100 FT OF N 153 65/100 FT OF E 30 ACRES OF SW 1/lt OF SECTION LOT 16 TOWNSHIP 29 RANGE 23, ACCORDING TO THE UNITED STATES GOV~NT SURVEY THEREOF, ACCORDING Zb CERTAIN CONDITIONS Councilman Steele seconded the foregoing Resolution and upon a vote being taken, the following voted "aye": Acting Mayor &1ack, .. Councilmen Ecklund and Steel®, and the following voted "nay": None. Motion carried. ~~ Minutes June 2~., 1976 Page Five Todd Lefko, District No. 2 Metro Council Representative, was present METRO COUNCIL to discuss present activities of the Council and to answer questions REPORT: TODD the City Council might have. LEFKO At their June 11~, 1976, meeting, a preliminary discussion was held by the Planning Commission regarding a conditional use request by Karl Schwartz, 1855 West Larpenteur, representing the Baha'i Faith Community of Falcon Heights, stating they wished to erect a sign on Larpenteur Avenue at 1688 Arona. The sign would inform the public of their presence in Falcon Heights, although they have no permanent building or church. The location of the sign would be in an R-3 district, which is not allowable under Ordinance 6~. The Attorney's opinion was that such a sign was in violation of Ordinance 6l~. Moved b~f Councilman Steele, seconded by Acting Mayor Black to deny the request by the Baha'i Faith Community of Falcon Heights for the erection of a sign at Arona and Larpenteur Avenues as submitted. Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Robert Heller, Jr., an attorney representing Shakey's Pizza Parlor, Snelling and Larpenteur Avenues, requested that, pursuant to Minnesota Statutes Sec. 310.11, Subd. 20, the City of Falcon Heights adopt an appropriate ordinance for the issuance of wine licenses. Council concensus was that this matter be discussed with full member- ship present. Moved by Councilman Steele, seconded by Acting Mayor Black to defer discussion of amending the present ordinances or drafting of a new ordinance with regard to wine licenses until the meeting of July 8, 1976, at which a full Council would be present. Upon a vote being taken, the following voted "aye" : Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay'': None. Motion carried. The Clerk-Administrator was asked to obtain copies of such ordinances adopted by other communities. Mr. Clement Lehnen has submitted an application for renewal of a Bottle Club License for Falcon Lanes, Inc., 1550 West Larpenteur Avenue. Due to past violations which resulted in a temporary suspension of the license from April 23, 1976 through June 23, 1976, Mr. Lehnen was asked what he had done to resolve the problems involved with after-hour closing. He stated he no longer allowed bowling after 1:00 a.m., and that he had posted signs concerning the serving of setups and beer. Councilman Steele asked that a copy of written instructions to employees stating rules and regulations for them to follow be submitted to Council before renewal of the license. Acting Mayor Black agreed. BAHA'I FAITH SIGN REQUEST DENIAL DISCUSSION WINE ORDINANCE OH Ar1ENDMENT TO LIQUOR ORDINANCE BOTTLE CLUB LICENSE N0. 3l~7: FALCON LANES, INC., 1550 W. LARPENTEUR ~8 T~.inutes June 21~, 1976 Page Six Councilman Ecklund felt there was no control over consumption until drinks were poured by bartenders from bottles stored behind the bar. He noted he was against the issuance of bottle club licenses in the metropolitan area. Attorney Kenefick noted that State Law required liquor in Bottle Clubs to be kept in lockers and clearly labeled. Moved by Councilman Steele, seconded by Acting Mayor Black that the application for renewal of the Bottle Club License for Falcon Lanes, Inc., b® tabled until the meeting of July 8, 1976, and that in order for the license to be reconsidered the owner submit to Council a written and clearly defined method of control of the distribution and handling of liquor on the premises. Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Councilman Steele reported he had met with Dr. Gustav Hard, City Horticulturist, to discuss a tree removal and maintenance program on a long-term basis. Council directed the Clerk-Administrator to contact Northland Tree Service to begin tree trimming and removal as soon as possible. Councilman Steele noted th ere were 17 public and 19 private trees known to have Dutch Elm Disease at present. It was noted that the budget might not allow for all costs involved for removal and re- placement, and that these costs might have to be assessed. Discussion was held regarding the planting of trees in the Community Park. Councilman Ecklund suggested the City start its own nursery in the southern area of the park. Moved by Councilman Steele, seconded by Acting Mayor Black to approve payment of $50.00 to Mr. Emmett Harris, 1655 Garden, for tree removal on his property, $25.00 of which is to be paid by matching funds by the State, under the Shade Tree Disease Removal Program. Upon a vote being taken, the following voted "aye": Acting Mayor Slack, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Moved by Councilman Ecklund, seconded by Acting Mayor Black to authorize the Clerk-Administrator to execute the agreement for ice rental at Oscar Johnson Arena for the 1976-77 winter season in the amount of $1,319.00 and to pay the deposit of $399.00 at this time. Upon a vote being taken, the following voted "aye": Acting Niayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Moved by Acting Mayor Black, seconded by Councilman Steele that a notice be prepared by the City Engineer that the shrubs planted on the boulevard and a large untrimmed tree on the Ronald Eggert property, 1867 Simpson, could cause an impending traffic hazard and that the Clerk-Administrator request, in writing, removal of the shrubs and trimming of the tree after receipt of said notice. TREE REMOVAL AND MAINTENANCE TREE REMOVAL CLAIM OSCAR JOHNSON ICE ARENA AGREEMENT DEPOSI T BOULEVARD PLANTING: 1867 SIMPSON ~9 ~I ~J Minutes June 21~, 1976 Page Seven Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Engineer Cook noted it was planned to correct the drainage Swale at Autumn, south of Roselawn, during the patching and seal coating of the streets after a survey of the site was completed. DRAINAGE SWALE RENI~VAL City Engineers Lemberg and Cook inspected the utilities and streets UNIVERSITY at University Grove on June 18, 1976, and it was their opinion GROVE there were only minor problems ruining prior to takeover by the TAKEOVER City. These were pointed out to Jerry Nelson, University of Minnesota Engineer, and h® has assured they would be given imxediate attention. Nbved by Councilman Ecklund, seconded by Acting Mayor Black to RESOLUTION N0. direct the City Attorney to prepare a resolution covering the 76-30s takeover of utilities and streets of the University Grave area and UNIVERSITY to negotiate with the University of Minnesota attorney concerning GROVE TAKEOVER the same. Upon a vote being taken, the following voted "aye" Acting Mayor Black, Councilmen Ecklund and Steole, and the following voted "nay": None. Motion carried. Councilman Ecklund stated he had attended a meeting at which the DOG CONTROL dog ordinance adopted by New Brighton had been reviewed. He noted ORDINANCE that, in hie opinion, it was a very good ordinance. It was suggested the local veterinarian be contacted to see if he could be of assistance to the City. A request has been made by Michels Construction Companp-, that the UTILITY City Engineer design the utilities, i.e., water, streets, story DEVELOPMENT: sewer, electrical, for the Thatcher Property prior to development THATCHER of the same. It was the City Attorney's opinion that the developer PROPERTY should pay the costs of such a study. Moved by Councilman Steele, seconded by Acting Mayor Black to ADJOtJR.NMEI~TT adjourn the meeting at 11:07 p.m. Upon a vote being taken, the following 'toted "aye" : Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. j " n 1 ism H. Black, Acting Mayor ATTEST: Dewan B. Barnes, Clerk Administrator