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HomeMy WebLinkAboutCCMin_86Mar12MINUTES REGULAR CITY COUNCIL MEETING MARCH 12, 1986 A regular meeting of the Falcon Heights City Council was called to order at 6:30 p.m, by Baldwin, PRESENT Baldwin, Chenoweth, and Hard. Also present was Barnes. ABSENT Ciernia GERALD E. WALLIN, 1859 N, SNELLING, APPOINTED TO COUNCIL VACANCY Baldwin briefly reviewed necessary qualifications for the person to be appointed to the Council vacancy, the interviewing of four excellent applicants on March 11th, indicated he was of the opinion that applicant Gerald Wallin meets or exceeds the criteria, and moved the appointment of Gerald Wallin, 1859 N. Snelling. The motion was seconded by Chenoweth and upon a vote being taken carried unanimously, Baldwin recessed the meeting at 6:35 to notify the applicants of Councils action. Baldwin reconvened the meeting at 6:56 p.m, and administered the oath of office to Wallin. ADDENDA TO AGENDA Baldwin moved, seconded by Hard, addition of the following items to the agenda: 1) Appointment of Robert E, Lamb, 1811 Simpson, and Nancy Anderson, 1812 Moore, to the Human Rights Commission, and 2) Ethical Responsiiblity on Part of Engineering Firm, Motion carried unanimously. CONSENT AGENDA APPROVED Hard moved, seconded by Chenoweth, approval of the Consent Agenda, Motion carried unanimously. MINUTES OF FEBRUARY 26, 1986 APPROVED Baldwin moved, seconded by Hard, approval of the Minutes of February 26, 1986. Motion carried unanimously. APPLICATION FOR WINE LICENSE, CHINATOWN RESTUARANT, 1533 W. LARPENTEUR, APPROVED. Council briefly discussed the matter after which Hard moved, seconded by Chenoweth, approval of the wine license, with proration of the fee, since the license term will be for three months only, Motion carried unanimously. 7:05 P.M, - CONTINUATION OF PUBLIC HEARING ON PROPOSED CODE AMENDMENTS Baldwin opened the continuation of the public hearing on proposed code amendments at 7:05 p.m, (continued from February 26, 1986). Hard reviewed recommendations made by the Planning Commission at the March 3rd meeting, after which Council briefly discussed the issue, There being no others wishing to be heard, Baldwin closed the hearing at 7:15 p.m. ~' MINUTES REGULAR CITY COUNCIL MEETING MARCH 12, 1986 PAGE 2 APPROVAL OF ORDINANCES 0-86-6, 0-86-7, 0-86-8, AND 0-86-9 AMENDING PORTIONS OF THE MUNICIPAL CODE Chenoweth moved, seconded by Hard, adoption of the following ordinances, and authorized publication of a summary of the same. Motion carried unanimously. ORDINANCE 0-86-6 AN ORDINANCE RELATING TO OFF STREET PARKING AND LOADING ORDINANCE 0-86-7 AN ORDINANCE RELATING TO ZONING CODE AMENDMENTS ORDINANCE 0-86-8 AN ORDINANCE RELATING TO SEASONAL BUSINESSES ORDINANCE 0-86-9 AN ORDINANCE RELATING TO MOBILE FOOD VENDORS ADOPTION OF ORDINANCE 0-86-10 INCREASING THE NUMBER OF "ON SALE" NON-INTO%ICATING MALT LIQUOR LICENSES TO FIVE AS REQUESTED BY CHINATOWN RESTAURANT, 1533 W. LARPENTEUR Kathleen Doar, Attorney for Chinatown Restaurant, (to be located in the Bullseye Building) explained that her client has a 5 year lease on the property, plans to open a 90 seat (plus take out) restaurant, and are requesting Council consider increasing the number of "On-Sale" Non-Intoxicating Malt Liquor Licenses to five to make one available for the restaurant. Hard was of the opinion that the number should not be increased, and upon expiration of one of the Pour present licenses, one of those be designated for the restaurant. Ms. Doar stressed the fact that they would like to have the license in place for their opening in April and would prefer not to wait until July for issuance. CIERNIA ARRIVES AT 7:25 P.M. After Ciernia~s arrival and a brief discussion, Chenoweth moved, seconded by Wallin, adoption of an ordinance increasing the number of licenses to five. Upon a vote being taken the following voted in favor of the motion: Baldwin, Ciernia, Chenoweth, and Wallin, and the following voted against the same: Hard. Motion carried. ORDINANCE 0-86-10 AN ORDINANCE RELATING TO AMENDING SECTION 6-1.01, SUBD. 4(b) OF THE CODE RELATING TO THE NUMBER OF "ON SALE" NON- INTOXICATING MALT LIQUOR LICENSES FALSE ALARM PROCEDURE DISCUSSION DEFERRED TO MARCH 26, 1986 ~~ Hard requested deferment of the false alarm procedure discussion. MINUTES REGULAR CITY COUNCIL MEETING MARCH 12, 1986 PAGE 3 PAUL BAEHR, 1746 HOLTON, DRIVEWAY VARIANCE REQUEST DISCUSSION Council'diseussed possible ways in which to solve the driveway placement problem, and recommended the five foot set back be maintained to the east border of the house, but allow the driveway to go up to within one foot of the lot line in the apron area for garage access. Barnes was directed to draw to scale, the proposed driveway placement plan together with a cover letter to Mr. Baehr, both documents to be reviewed by Council at the March 26, 1986 meeting. Council concurred that the utility pole was placed in an appropriate location. REQUEST FROM HAROLD NILSEN, 1794 TATUM, REIMBURSEMENT FOR BOULEVARD RESTORATION FOLLOWING TATUM STREET IMPROVEMENT ($511.97) Council discussed the fact that Mr. Nilsen personally restored the boulevard in front of his home following street construction as he has high standards with a desire to have the new portion match his prior investment, and whether or not the City would be setting a precedent by reimbursing him as he has requested. Barnes stated that the Engineer feels the City would save $269.00 on the contract after which Ciernia moved, seconded by Chenoweth, that Mr. Nilsen be reimbursed up to the Cityts cost of $269.00, providing the engineer assures this is money saved on the contract, and Barnes inform Mr. Nilsen, by mail, of Couneil~s reasoning. Upon a vote being taken the following voted in favor thereof: Baldwin, Ciernia, Chenoweth and Wallin, and the following voted against the same: Hard. Motion carried. DISCUSSION OF BRIGGS & MORGAN STATEMENT - DEFERRED FROM 2/26/86 Council discussed a letter dated March 4, 1986 from John Van de North explaining the bond attorney's statement for services relating to the Office Park tax increment bonds and development agreement. Comments were made regarding the offer to deduct the $150.00 for messenger deliveries, the fact that the Fees are being paid by bond proceeds or the developer does not justify the charge, and more detailed billing will be required in the future. Also discussed was the number of deliveries by messenger, some of which were not deemed necessary, and in some cases duplicate documents, charges for research hours on subjects the attorneys office had approved previously, and delays due to other commitments. Council directed staff to keep a record of these types of problems for the review in June. Hard moved, seconded by Chenoweth, payment of the Briggs and Morgan statement. Motion carried unanimously. POLICY ON HALL RENTAL RELATING TO SERVICE ORGANIZATIONS TO BE DISCUSSED FURTHER AT A FUTURE MEETING Ciernia felt there should be some set policy on which organizations should not be charged for use of City Hall, citing League of Women Voters as one organization which cannot use the facility due to hall rental fees. Barnes was directed to develop a specific list of groups that will not be charged as well as guidelines for these groups, such as a possible deposit for use of the kitchen, etc. The list and guidelines will be reviewed at a future meeting. NO DECISION MADE ON LIQUOR IN THE PARKS - REFERRED TO ATTORNEY ~~ Ciernia explained that Park and Recreation Commission is unanimously opposed to use of alcohol in the parks and would like the parks posted "No MINUTES REGULAR CITY COUNCIL MEETING MARCH 12, 1986 PAGE ~ Alcohol". During Council's disuussion relating to possible City liability by permitting beer in the parks, Wallin informed thain a socialasituation. court decision that liquor liability does not apply The city attorney will be asked to reaseareh the subject for discussion at the March 26th meeting. TIF STATUS REPORT TO BE MADE ANNUALLY Ciernia requested preparation of an annual summary report indicating the status of the tax increment districts, and Council concurred. May was given as an annual due date. HUMAN RIGHTS APPOINTMENTS, NANCY ANDERSON, 1812 MOORE, AND ROBERT LAMB, 1811 SIMPSON Baldwin moved, seconded by Chenoweth, the appointment of the following persons to three year terms on the Human Rights Commission to fill expired terms of Connie McGeorge and Russell Bierbaum: Nancy Anderson, 1812 Moore, and Robert Lamb, 1811 Simpson. Notion carried unanimously. MAYOR TO MEET WITH ENGINEER REGARDING PERFORMANCE PROBLEMS Baldwin informed Council he is meeting with Sehunieht regarding problems such as assuring Tatum residents the City would pay for tow trucks during the recent construction, the Stowman easement, Crawford/Larpenteur Alley, sealcoating of Hamline/Albert alley when reconstruction was scheduled, endangering NLSA funds, and increased costs as a result of negligence on Tatum Improvements, such problems costing the City approximately $25,000 within a one year period. He will also address neglecting bi-weekly meetings as had been agreed. OFFICE PARK UPDATE Barnes informed the closing on the office park development was held March 11, 1986, and construction will start as soon as the frost is out of the ground. DISCUSSION - LETTER FROM FRANK KUBITSCHEK REGARDING SPRINKLER SYSTEM FOR 1666 COFFMAN Barnes reviewed a letter from Frank Kubitschek dated March 12, 1986 regarding misunderstandings regarding the sprinkling system for 1666 Coffman. He explained that the developer felt they had taken steps to safeguard the building without installing sprinklers in the attic area, the city mechanical inspector had suggested heat risers might be considered for the attic rather than sprinklers, and the inspectors had agreed this is a gray area in the code. Hard stated that the Fire Chief has some discretion in the matter and in the Chief's opinion, because there is no ladder truck, good fire protection cannot be privided without complete sprinkling. He also indicated there is concern that without sprinkling the attic area, the rafters might burn without being seen from the roof, and a firefighter could fall through the roof while fighting afire. t~ ,G i~ MINUTES ~, REGULAR CITY COUNCIL MEETING MARCH 12, 1986 PAGE 5 Council discussed,at length, safety items agreed upon at a meeting held February 18, 1986 and requested the developer confirm in writing, the items agreed to on February 18th. SEWER WORKSHOP SCHEDULED FOR 3/19/86 CANCELLED, RESCHEDULED x/2/86 Council cancelled the sewer workshop scheduled for Mamehtlo9~low6members rescheduled the workshop for April 2, 1986 at 7:00 p. to attend the Ramsey County League Meeting on the 19th. FIRE DEPARTMENT CONCERNS RELATING TO CONSTRUCTION OF SHOPS IN BULLSEYE BUILDING Hard reported that the Fire Chief is concerned with stores being completed in the Bullseye Building, the fact that the Department has not received plans for these improvements, and especially ob3eeted to a public works person inspecting studs in one of the areas. Hard was of the opinion that if the building inspector is not available the fob should be stopped. Barnes explained that every effort had been made to obtain the services of a building inspector to do the inspection, but he had finally made a 3udgement call. Baldwin stressed problems such as these should be directed to the Clerk Administrator or Fire Department Liaison and not directly to Council. ROSEVILLE REVIEW ALLEGATION RELATING TO CITY PARTICIPATION IN SCHOOL DISTRICT DISPUTE Ciernia commented on the March ~1th Roseville Review article indicating the City's willingness to participate in underwriting the cost of the School District's appeal of the recent court decision on the Kellogg school closing. He felt the article was inappropriate and presented a proposed letter to the owner of the newspaper. Following a short discussion Chenoweth moved, seconded by Ciernia, the city attorney be directed to review the letter, make any changes he feels necessary, and send the document to the newspaper owner. Motion carried unanimously. ADJOURNMENT Ciernia moved, seconded by Baldwin, that the meeting be ad3ourned at 9:~5 p.m. Motion carried unanimously. Tom Baldwin, Mayor ATTEST: ~ ,~ Dewan B. Barnes, Clerk Administrator 'Regular City Council Meeting of March 12, 1986 ~~ 1 CONSENT AGENDA REGULAR CITY COUNCIL MEETIING MARCH 12, 1986 1. Falcon Heights Fire Report ~1-00486 2. Falcon Heights Ambulance Reports ~2-01286 - ~`2-01986 3. Lauderdale Fire Report #3-00386 4. Lauderdale Ambulance Report ~4-00586 5. Disbursements 2/26/86 - 3/12/86 $ 45,589.65 6. Payroll 2/16/86 - 2/28/86 $ 7,915.24 7. Planning Commission Minutes of Maroh 3, 1986