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HomeMy WebLinkAboutCCMin_91Feb13 1 n MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 13 , 19 91 Baldwin convened the meeting at 7:00 P.M. ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, Jacobs and Wallin. Also present were Gedde, Wiessner and Chenoweth. MINUTES OF 1/23/91 APPROVED The Minutes of January 23, 1991 were approved by unanimous consent. CONSENT AGENDA ITEMS APPROVED The following Consent Agenda Items were approved by unanimous consent: 1. Disbursements: a. General Disbursements through 1/31/91, $20,045.49 b. General Disbursements through 2/6/91, $539,765.33 c. Payroll, 1/16/91 - 1/31/91, $10,676.66 2. Appointment of Edward L. Sheppard to Human Rights Commission to Complete Term of Beth Boger, Term Expires 12/31/91 3. Resolution R-91-7 Proclaiming the Week of March 3-10, 1991, as volunteers of America Week in Falcon Heights 4. Licenses (See Attached List) ADDENDUM TO POLICY AGENDA Item F-3, Application for Metropolitan Council Planning Loan, was added to the Policy Agenda. ~. PUBLIC HEARING ON PROPOSED REVOCATION OF CONDITIONAL USE PERMIT AT 1544 W. LARPENTEUR (NORTHOME CENTER) OPENED AND CONTINUED Baldwin opened the Public Hearing and presented the Affidavit of Publication. The meeting was continued until later awaiting the arrival of the business owners. RECYCLING CONTRACT AWARDED TO KNUTSON SERVICES, INC. Jacobs who is to be designated Liaison to the Solid Waste Commission at the next Council meeting, explained that he had attended the February 7th Commission Meeting at which time that body met with representatives of SuperCycle and Knutson and discussed the questions arising at the January 23rd Council Meeting. At that time the Commission reaffirmed their previous recommendation that the contract be awarded to Knutson Services. The Commission further recommended that the contract became effective March 1, 1991. and that the following items be collected: Newsprint, cans, glass, corrugated, plastics, automobile batteries and used motor oil. Jacobs then moved approval of the contract with Knutson Services, Inc. as recommended by the Commission. Motion carried unanimously. MINUTES FEBRUARY 13, 1991 PAGE 2 _~ Baldwin thanked SuperCycle for their excellent service and i stressed the difficulty in making a decision to go with a new vendor. Council suggested collection of waste oil and batteries be delayed until proper instructions have been provided to residents. CONTINUATION OF PUBLIC HEARING ON PROPOSED REVOCATION OF CONDITIONAL USE PERMIT AT 1544 W. LARPENTEUR AND SUBSEQUENT REVOCATION Baldwin opened the continuation of the Public Hearing on the proposed revocation of the conditional use permit for 1544 W. Larpenteur. City Planner Susan Hoyt presented background information on the conditional use permit issued for operation of the game arcade on February 8, 1989 and amended on August 9, 1989. She explained that at the December 17, 1990 Planning Commission Meeting a routine review of the conditional use permit indicated that conditions three, six, nine and ten were not being met as evidenced by police records. Following that determination the Commission recommended that City staff meet with Joe and Jim Sacco, owners of establishment, and present some suggestions to assist the owners in meeting the conditions. At that meeting the business owners indicated that the suggested solutions were financially impossible. After these discussions, City staff determined that the business owner's failure to meet conditions three, six, nine and ten at J.J.'s Pool and Game Arcade created a serious disruption in the safety, peace and quiet in the community. The inability of the owners to financially implement any of the proposed solutions made it reasonable to pursue termination of the conditional use permit. Hoyt also explained that the business owners appeared before the Planning Commission on January 28, 1991 and reaffirmed that complying with the suggested solutions would make it financially unfeasible to remain in business and stated they realized they are not meeting the conditions of the permit and were unable to do so. Based on this information the Planning Commission unanimously recommended that the City Council consider terminating the conditional use permit with the understanding that no game establishment could open at Northome Center without a new conditional use permit. Following that meeting the public hearing notice was published on January 30, 1991 and the business owners given written notice of the hearing on January 31, 1991. Jim Sacco then addressed Council explaining that they had tried to operate the business properly however, there were some patrons of the business who were making it unpleasant for everyone else. Joe Sacco explained that the suggestions made by staff were good ones but it was financially impossible for a small business such as theirs to implement the suggestions. Baldwin asked if the conditional use was being revoked from the Northome Center property or simply from J.J.'s Pool and Arcade, to which Gedde replied it was being revoked from the property. Gedde asked the business owners if they acknowledged violation of the conditional use permit as stated in the Planner's report MINUTES FEBRUARY 13, 1991 PAGE 3 to which they replied that they had attempted to comply, but that there were violations of conditions three, six, nine and ten and they were unable to meet those conditions. Joe Sacco requested that they be given until March 1, 1991 to vacate the premises to allow ample time to remove all equipment. There being no others wishing to be heard Baldwin closed the hearing at 7:30 P.M Ciernia moved adoption of Resolution R-91-8 adopting the findings and revoking the conditional use permit effective March 1, 1991. Motion carried unanimously. Joe Sacco requested that they be given written notice of this action. RESOLUTION R-91-8 A RESOLUTION ADOPTING THE FINDINGS AND REVOKING THE CONDITIONAL USE PERMIT (RESOLUTION R-89-5 AS AMENDED BY RESOLUTION R-89-18) PREVIOUSLY ISSSUED FOR OPERATION OF A GAME ARCADE AT 1544 W. LARPENTEUR AVENUE CITY TO APPLY FOR EXPANSION GRANT FUNDS FOR CITY'S RECYCLING PROGRAM Council briefly discussed applying for an expansion grant to fund the purchase of recycling bins, public education and cost of administering the bin program after which Jacobs moved adoption of Resolution R-91-9. Motion carried unanimously. RESOLUTION R-91-9 A RESOLUTION RELATING TO THE APPLICATION FOR A RECYCLING EXPANSION GRANT CITY TO APPLY FOR METROPOLITAN COUNCIL PLANNING LOAN FOR ROSEVILLE-FALCON HEIGHTS STUDY After a brief discussion Council agreed that it would be prudent to request a Planning Loan in the amount of $38,100 to cover costs of the proposed Roseville Falcon Heights cooperative study. Gehrz moved adoption of Resolution R-91-10 which carried unanimously. RESOLUTION R-91-10 A RESOLUTION RELATING TO THE APPLICATION FORA METROPOLITAN COUNCIL PLANNING LOAN INFORMATIONAL ITEMS NOTED Council noted the following informational items: 1. Parks and Recreation Commission Minutes of 1/22/91 2 . Solid Waste Commission Minutes of 2 /7 /91 ~~ r MINUTES FEBRUARY 13 , 19 91 PAGE 4 _ ADJOURNMENT ~ ~`~ The meeting was adjourned at 8:55 P.M. Tom Baldwin, Mayor ATTEST: ,~ r ,/~ L~~~L~ Shirley enoweth, City Clerk 1