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HomeMy WebLinkAboutCCMin_86Sep24MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1986 A regular meeting of the Falcon Heights City Council was called to order at 6:30 P.M. by Baldwin. ALL MEMBERS PRESENT Baldwin, Ciernia, Chenoweth, Wallin, and Hard. Also present were Barnes and Schroeder. ADDENDA TO AGENDAS Wallin moved, seconded by Chenoweth, addition of Item 16, Request from Pat Bush and Laurie Resch to Barricade Asbury, Garden to Ruggles, for a Block Party, to the Consent Agenda, and Item 6.(j) Engineering Discussion, to the Regular Agenda. Motion carried unanimously. CONSENT AGENDA APPROVED Hard moved, seconded by Wallin, approval of the Consent Agenda with the Removal of Item 11, Bonestroo & Associates statement for July, 1986. Motion carried unanimously. MINUTES OF SEPTEMBER 10, 1986 Wallin moved, seconded by Chenoweth, approval of the Minutes of September 10, 1986. Motion carried unanimously. REVIEW OF PUBLIC SAFETY OFFICER/FIRE MARSHAL DUTIES - TO BE FINALIZED ON 10/ 8/ 86 Baldwin explained he had requested Terry Iverson prepare a memo giving his views of his duties, the Chiefts duties, and which responsibilities he would feel uncomfortable with at this time. After Council reviewed the memo, Assistant Chief Schauffert was asked to express his opinion on the matter. Schauffert explained that, historically, it has been the Chiefs job to sign off on plans, and the Department feels plan review by a group of firefighters, as is presently done, is important as plans are complex and two or three persons reviewing plans is a definite advantage. After a lengthy discussion Council agreed the Chief should have plan "sign off" authority but Iverson should be first to review plans, then refer to the Fire Department, there should be a set "turn around" time for plan review, such time to be recommended by the Fire Department, and Iverson will be authorized to negotiate with developers on any changes in "turn around" time. Schauffert agreed to provide a recommendation before the October 8th Council Meeting at which time the exact duties will be finalized. 7:15 P.M. PUBLIC HEARING ON REVENUE SHARING AND 1987 BUDGET ADOPTED Baldwin opened the public hearing at 7:15 P.M. and presented the Affidavit of Publication. Council concurred any Revenue Sharing Funds be delegated for policing as has been done in the past. A lengthy discussion followed regarding ways in which to increase the capital improvement fund for fire and rescue equipment, agreed to designate a percentage of any remaining contingency fund to capital improvement funds for Fire/Rescue, Public Works, and Parks and Recreation (such percentage to be determined at a later date), and that the funds remaining in Public Safety Director 74 MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1984 PAGE 2 i.- Councilmember Chestovich moved, seconded by Mayor Eggert, that the variance L. LUNDY, request from Lowell Lundy, 1853 Moore, to construct a three season porch 1853 MOORE, one to three feet nearer the lot line than permitted by ordinance be VARIANCE approved. Motion carried unanimously. GRANTED Gerald Wallin, 1859 N. Snelling, was in attendance requesting a variance VARIANCE to permit fencing of a swimming pool with a fence less than the required GRANTED six feet. He provided information on the sparse population in the area, G. WALLIN, existing fencing, remote location, large area of lot, and height of 1859 N. fencing around neighboring pools. Councilmember Chestovich moved, SNELLING seconded by Councilmember Ciernia, that the variance be granted. Councilmember Ciernia expressed concern that by lowering the require- ment the City might be held liable in the event someone gets into the pool area and is injured or drowns. Following a discussion, the motion on the floor was withdrawn, and Mayor Eggert moved, seconded by Councilmember Chestovich, that a variance be approved allowing Mr. Wallin to erect a second fence around the pool area, such fence to be no less than four feet nor more than five feet in height. Motion carried unanimously. Attorney Gasteazoro was of the opinion that this would be adequate. The request from Beverly Higgins, 1355 W. Iowa, for reimbursement for sewer back-up was deferred until the April 25, 1984 meeting in order that there will be adequate time to televise the City sewer line in that area. Attorney Gasteazoro informed Council that she had discussed the prelimi- nary agreement, with supplement, with Bob Collins and he felt sure that when Mr, Hunt returns from out of town the supplement will be signed. Further work will be done on the final development agreement in the near future. Engineer Schunicht reviewed the reasons for the "no build" area north of Lindig Street (lack of storm water outlet), and recommended that if Elving Anderson, 1775 N. Fairview, is allowed to sell the portion of his lot abuting Lindig Street the following conditions be stipulated: (1) the house be elevated as designated by City Engineer, (2) the owner execute a "hold harmless" agreement, and (3) the sanitary sewer service from basement to street be insulated as it will be above the frost line. Following a discussion Mayor Eggert moved, seconded by Councilmember Baldwin, that construction of a house on the back of Mr. Anderson's lot be allowed with the stipulation that the City obtain from the owner (and recorded with Ramsey County) a "hold harmless" agreement, the sanitary sewer from the basement to the street be insulated, and the site plan for the home be subject to Council approval. Motion carried unanimously. Attorney Gastezzoro will prepare the necessary agreement. Mayor Eggert requested that Council consider rescinding Ordinance ~~197 relating to changes in the Cable TV matters. He explained that the intent of ~~197 was to permit equipment changes at the discretion of the North Suburban Cable Commission and since most equipment changes have been made and the hardware in place, there is no further need for the ordinance. Since the ordinance has been broadly interpreted to mean franchise changes could be approved by the Commission, rescinding would assure that Council would be included in any decision making in regard to franchise changes. Councilmember Ciernia moved, seconded by HIGGINS SEWER BACK- UP DEFERRED TO 4/25/84 BULLSEYE AGREEMENT UPDATE REQUEST FROM E. V. ANDERS- ON, 1775 FAIRVIEW TO BUILD IN THE NO BUILD AREA ON HIS LOT APPROVED CABLE TV MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1986 PAGE 2 budget should not be used for a fire department vehicle as requested by the Department, but a portion might be used for implementing public safety cable television programs with remaining funds going to the capital improvement fund. There being no one wishing to be heard, Baldwin closed the hearing at 7:58 P.M. Hard moved, seconded by Ciernia, adoption of the 1987 Budget. Motion carried unanimously. 8:00 P.M. CONTINUATION OF PUBLIC HEARING ON SUBDIVISION REQUEST FROM IRENE M. MACGREGOR, 1795 FAIRVIEW, AND SPING AND YING LIN, 1785 FAIRVIEW At 8:00 P.M. Baldwin opened the continuation of the public hearing on subdivision of the lots at 1795 and 1785 Fairview and presented the Affidavit of Publication. IRENE MACGREGOR, 1795 FAIRVIEW, was asked if a written offer had been made to the owner of the one foot strip needed for street construction to which Mrs. MacGregor replied the offer had been made but no response was received. Schroeder explained the one foot strip should have no legal effect on the subdivision, and the subdivision could proceed if Council so desires. There being no others wishing to be heard Baldwin closed the hearing at 8:16 P.M. Chenoweth moved, seconded by Ciernia, adoption of a resolution approving subdivision of Mrs. MacGregor's property, subject to Council approval of easement agreements, and a "hold harmless" agreement. 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. RESOLUTION R-86-39 A RESOLUTION RELATING TO THE APPROVAL OF A REQUEST FROM IRENE M. MACGRDGOR, 1795 FAIRVIEW, FOR SUBDIVISION OF HER PROPERTY Chenoweth moved, seconded by Ciernia, adoption of a resolution approving subdivision of the property at 1785 Fairview, owned by Sping and Ying Lin, subject to Council approval of easement and "hold harmless" agreements. 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. RESOLUTION R-86-~40 A RESOLUTION RELATING TO THE APPROVAL OF A REQUEST FROM SPING AND YING LIN, 1785 FAIRVIEW, FOR A SUBDIVISION OF THEIR PROPERTY APPROVAL OF VARIANCE REQUEST FROM PATRICIA ZAPPA, 1853 SIMPSON Ciernia moved, seconded by Wallin, approval of a variance request from Patricia Zappa, 1853 Simpson, to construct a driveway within one foot of the property line (approval recommended by Planning Commission). Motion carried unanimously. '75 MINUTES REGULAR CITY SEPTEMBER 24, PAGE 3 COUNCIL MEETING 19 86 APPROVAL OF VARIANCE REQUEST FROM REBECCA BIERBAUM, 1795 SIMPSON Wallin moved, seconded by Chenoweth, approval of a variance request from Rebecca Bierbaum, 1745 Simpson, to construct a driveway within two feet of the property line (approval recommended by Planning Commission). Motion carried unanimously. VARIANCE REQUEST FROM G. C. & J. BEHRENS, 1816 TATUM, DEEMED UNNECESSARY DUE TO CHANGE IN STREET PLAN Baldwin explained the Planning Commission had not taken action on the variance request as the Behrens were not in attendance at that meeting, and the Commission desired additional information. Baldwin stated in reviewing the variance request he attempted to formulate a plan which would not require an easement so great it would reduce the Behrens lot to less than 10,000 square feet, and at the same time protect property owners to the north from additional unwanted development. He also felt it unfair to require the Behrens to provide the entire road easement when past policy has property owners on both sides of the street sharing in the road easement. He requested Council consider realigning the street in order that it will be necessary to obtain only the usual 20 foot easement from the Behrens (leaving a buildable lot), and making it necessary for neighbors to the north to desire extension of the street in order for further development to take place. Following a discussion, Council agreed to the realigning the street in such a manner that a variance will not be needed, whereupon Mr. Behrens withdrew his variance request, and Council directed the variance request fee be returned. Baldwin stated this action was no reflection on the Planning Commission, but he felt the City had been making an unfair request of the Behrens, and at the same time this change should alleviate some fears of the neighbors to the north. The engineer will be directed to prepare plans to reflect the change. STRATFORD PLATTING REQUEST DEFERRED The Stratford Office Park platting request was deferred at the request of the developer. APPEAL OF REVALUATION OF HARVEST STATES PROPERTY TO BE DISCONTINUED Barnes explained the value on Harvest States property had been over valued in the past and there is no point in pursuing an appeal of of the reduction. Council directed Barnes to discontinue the appeal. RESOLUTION R-86-41 RELATING TO HARDSHIP DEFERRALS ADOPTED Council reviewed and discussed the proposed resolution after which Chenoweth moved, seconded by Wallin, adoption of Resolution R-86-41. Motion carried unanimously. RESOLUTION R-86-41 A RESOLUTION RELATING TO HARDSHIP DEFERRALS FOR SENIOR CITIZENS Ciernia requested a form listing conditions relating to deferral be signed by each applicant. # . MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1986 PAGE 4 PROPOSID AMENDMENT TO LIQUOR CODE DISCUSSED Schroeder presented and reviewed the latest draft of a proposed amendment to the code relating to alcoholic beverages. Council discussed changes in State Statute which apparently prohibits on-sale non-intoxicating malt liquor in establishments such as bowling alleys, game rooms, etc. Schroeder was directed to investigate the matter further, as the consensus of opinion was that there may have been an error in wording a portion of the statute. PROPOSED REPAIRS TO TRAFFIC LIGHT AT ARONA AND LARPENTEUR Barnes presented a letter dated September 12, 1986 from Ramsey County Public Works, (a copy oP which is on file in the clerks office) relating to repair/replacement or removal of the traffic signal at Arona and Larpenteur. Council agreed the traffic signal should remain and considered the three options given by Ramsey County. Chenoweth moved, seconded by Wallin, approving option 2, replacement of one signal pole on the northeast corner of the intersection. Motion carried unanimously. DONATION OF $200.00 TO PARK BUGLE Barnes felt the Bugle is a good local newspaper and it would be a nice gesture for the City to make a donation to the publication. Chenoweth moved, seconded by Hard, authorization to expend $200.00 for a donation to the Park Bugle. Motion carried unanimously. MAIER STEWART & ASSOCIATES TO BE ENGINEER FOR STRATFORD PROJECT AND ARONA WATERMAIN PROJECT Barnes explained he had interviewed two engineering firms for upcoming projects and recommended Maier Stewart & Associates be hired for the Stratford Office Park development, the Arona Watermain, and Lindig subdivision. John Stewart and Terry Maurer of the Stewart firm, presented a report dated September 24th relating to preliminary investigations as requested by Barnes. Baldwin explained when the City does contract with an engineering firm, a written report documenting the firms understanding of their involvement in the project and the manner in which the project will be approached, will be required. He also stated Council would be active in an evaluation process relating to consultants. Ciernia was of the opinion the Bonestroo firm should complete the Lindig subdivision as they have already completed most of the work. Chenoweth moved, seconded by Wallin hiring the Maier Stewart firm for the Stratford Office Park and Arona Watermain projects. Motion carried unanimously. PAYMENT TO B0NESTR00, ROSENE AND ASSOC. FOR ENGINEERING ON HAMLINE ALLEY TO BE WITHHELD Ciernia recommended engineering charges for the Hamline Alley be deleted from the request for payment from Bonestroo and Associates as the alley has not been completed satisfactorily. Council concurred and will pay for the project when it is completed properly. Baldwin requested Barnes contact the firm regarding reimbursement for sealcoating of the Hamline alley previous to reconstruction. MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 2~F , 19 86 PAGE 5 PAY INCREASE AUTHORIZED FOR CLERK ADMINISTRATOR Chenoweth moved, seconded by Hard, approval of a 3.5~ pay increase for the Clerk Administrator and amendment of the 1987 budget to reflect the same. Motion carried unanimously. ADJOURNMENT Ciernia moved, seconded by Wallin, adjournment at 10:23 P.M. Motion carried unanimously. ~C~'1/1 Tom Baldwin, Mayor ATTEST: Dewan B. Barnes, Clerk Administrator Regular City Council Meeting of September 2$, 1986 ~~ ~~ 1 CONSENT AGENDA REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1986 1. Falcon Heights Fire Reports E1-02186 - X12386 2. Falcon Heights Ambulance Reports #2-0786 - #2-08186 3. Lauderdale Fire Reports ~3-01786 - ~3-01986 4. Lauderdale Ambulance Report ~4-04086 5. Disbursements 9/11/86 -9/24/86 $235,810.02, 6. Payroll 9/1/86- 9/15/86 $ 9,824.95 7. Planning Commission Minutes of September 15, 1986 8. Park and Recreation Commission Minutes of September 8, 1986 9. Bi-monthly Financial Report 10. Ramsey County Sheriff's Report for August, 1986 11. Statement from Bonestroo & Associates for July, 1986 12. Statement from Dahlgren, Shardlow & Uban for August, 1986 13. Statement from Proseeting Attorney for July and August, 1986 14. Statement from Briggs & Morgan for August, 1986 15. Licenses: See Attached List Consent Agenda September 24, 1986 1 Tree Trimming Northern Arborists 411643 1932 Sherwood Avenue St. Paul, MN 55119 General Contractors Irmiter Contractors & Builders Ltd. 441640 127 North Lexington St. Paul, MN 55104 Mike Mohs Construction Co., Inc. 411539 3414 Snelling Avenue Minneapolis, MN 55406 King Homes 411641 18145 Liv Lane Eden Prairie, MN 55433 Sussel Corporation 1920 Como Avenue St. Paul, MN 55108 Minnesota Rusco, Inc. 401 East 78th Street Minneapolis, MN 55420 Mechanical Contractors Lloyd A. Urban 44508 HCO Heating & A/C 3595 Hoffman Road White Bear Lake, MN 55110 Alfred I. Supan 44509 Hindig Heating & Air Conditioning 915 West 7th Street St. Paul, MN 55102 Thomas R. Frantes 41510 John M. Frantes' Sons Plumbing/Heating 411642 880 South Smith Avenue St. Paul, MN 55118 Lance Hamey 41511 411644 Midwest Heating/Air Conditioning, Inc. 8909 Valley Forge Lane Maple Grove, MN 55123 Tonka Seamless Gutters 411645 7300 France Avenue South Edina, MN 55435 The Denesen Company 411646 2836 Colfax Avenue South Minneapolis, MN 55408 Horizon Home Improvement 411647 5704 Elliot Avenue South Minneapolis, MN 55417