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HomeMy WebLinkAboutCCMin_84Nov14MINUTES ~ ~+ REGULAR CITY COUNCIL MEETING PUBLIC HEARING NOVEMBER 14, 1984 A regular meeting of the Falcon Heights City Council was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Baldwin, Chestovich, and Ciernia. Also present PRESENT were Clerk Administrator Barnes, Attorney Gasteazoro and Fiscal Consultant Apfelbacher. Councilmember Hard. ABSENT Mayor Eggert moved, seconded by Councilmember Chestovich, that the Consent CONSENT Agenda be approved as presented. Motion carried unanimously. AGENDA APPROVED 1. Falcon Heights Fire Reports 4~1-02084 - ~~1-02284 2. Falcon Heights Ambulance Reports 4~2-07684 - ~~2-08684 3. Lauderdale Ambulance Reports 4~4-03584 - 4~4-03884 4. General Payroll 10/16/84 - 10/31/84 $ 7,316.05 5. General Disbursements 10/26/84 - 11/14/84 $41,957.52 Sinking Fund $ 9,745.01 6. Liquor Disbursements 10/24/84 - 11/9/84 $12,795.95 7. Planning Commission Minutes of November 5, 1984 8. Ramsey County Sheriff's Report for October, 1984 9. Liquor Store Financial Report for September, 1984 10. Licenses: Christmas Trees Conklin Tree Farms (at Hermes Floral) '1258 College of Forestry, U of MN Box 167 Green Hall, Room 10 X61256 Wheeler, Wisconsin 54772 Falcon Heights, MN 55108 General Contractors Convert Construction161259 Merle's Construction Co. X61257 1276 West County Road B 860 Randolph Roseville, MN 55113 St. Paul, MN 55102 Councilmember Chestovich moved, seconded by Mayor Eggert, that the Minutes of MINUTES OF October 25, 1984 be approved as presented. Motion carried unanimously. 10/25/84 APPROVED Mayor Eggert moved, seconded by Councilmember Chestovich, that the Minutes of November 5, 1984 be approved as presented. Motion carried unanimously. MINUTES OF 11/5/84 Mayor Eggert presented a letter from Robert J. Lukes, Attorney for the Hawkins APPROVED Estate, offering to convey the storm water ponding area on the Hawkins property to the City. Following a discussion, Council agreed to pursue acquisition of CITY TO the area providing the stockpile of dirt is removed before the takeover. NEGOTIATE Mayor Eggert moved,seconded by Councilmember Ciernia, that the City Attorney TO OBTAIN be authorized to negotiate for acquisition of the land. Motion carried unani- HAWKINS mously. Council then requested that the City Planner prepare a landscaping PONDING plan for the area. AREA Mayor Eggert moved, seconded by Councilmember Baldwin, that Ann Houck, 1133 ANN HOUK Roselawn Avenue, Roseville, be appointed to the Rescue Department subject to APPOINTED TO the usual physical and probation period. Motion carried unanimously. RESCUE DEPARTMENT MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1984 PAGE 2 Mayor Eggert opened the Public Hearing on the rezoning request from Winifred L. and George N. Croft, 1700 St. Mary`s St. at 7:15 P.M. and presented the Affidavit of Publication. John Labalestra, part owner of the Lido Cafe, presented plans for the proposed addition to their business and explained the reason for the rezoning request was to provide additional parking. He then presented a parking analysis (a copy of which is on file in the Clerk's Office) and explained the same. Jim Funk, 1628 Maple Knoll Dr., asked if it would be feasible to add a second story. Mr. Labalestra explained that there is much equipment on top of the building for coolers, air conditioning, etc. and financially it is not feasible. He also. stated that they attempted to use their basement area, but the use of stairs was unsuccessful. Mr. Labalestra indicated they are willing to cooperate with residents, would heavily landscape the north and west sides of the Croft property, and are open for suggestions on the traffic flow. He explained that they have been working on the expansion plan for five years as they need increased avenues of revenue such as parties and take out. In answer to questions from persons in the audience, he stated that closing hours will depend on the business, that the business will remain a family restaurant, there will be no live entertainment, and they hope to arrange for employee parking with some of the neighboring businesses. `.i ~-~: ti PUBLIC HEARING ON CROFT REZONING JIM FUNK 1628 MAPLE KNOLL JOHN LABALESTRA, LIDO CAFE Attorney Fred Kueppers, representing Mr. and Mrs. Norbert Hermes, 1755 St. FRED Mary`s Street, expressed their concerns, they do not want a B-2 district KEUPPERS, encroaching into the. neighborhood. Mr. Kueppers was of the opinion that REPRESENTING the City Comprehensive Plan does not make provision for rezoning the area, NORBERT the only justification for changing the plan is a change in circumstances HERMES, which does not apply in this case and the proposed rezoning would be arbitrary 1755 and capricious, as the only reason to honor the request is to enhance a ST. MARYS business. He .urged that long consideration be made. Mr. Kueppers then commented on the fact that no arrangement has been made to handle the private driveway entrance, and that the Planning Commission recommended that a citizens committee be appointed. The Hermes support that proposal. Mayor Eggert explained that Council is agreeable to establishing a method whereby the residents of the area, the owners of the Lido Cafe, and Council members could arbitrate some of the issues. He also informed that the rezoning request has been changed to a conditional use request. an Hermes arrange for an easement, (2) Lido to purchase a portion of the alley, or (3} if Council desires eminent domain proceedings could be commenced. would provide more control than if the property were rezoned. He then explained that a meeting had been held with the Hermes, Labalestras, Mr. Barnes, and himself to attempt to find a solution to the private alley access problem and presented the three options as follows: (1) Lido d Attorney Gasteazoro explained that the new zoning ordinance provides for a conditional use to allow parking on the property zoned R-1 when that property is adjacent to B-2 zoning. Mayor Eggert stressed that the conditional use Mayor Eggert moved, seconded by Councilmember Ciernia, that the hearing be suspended in order to allow the opening of the public hearing scheduled for 8:00 P.M. Motion carried unanimously. is meeting be suspended until the first hearing is completed. Motion carried unanimously. At 8:00 P.M. Mayor Eggert opened the Public Hearing on Tax Increment Financing Plan for Economic Development District No. 2 and presented the Affidavit of Publication. Mayor Eggert moved, seconded by Councilmember Chestovich, that th CONDITIONAL USE - NOT REZONING REQUESTED HEARING SUSPENDED TEMPORARILY 8:00 P.M. HEARING OPEPdED AND SUSPENDED MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1984 PAGE 3 ~~~~ Ted Meyer, 1710 St. riary's St., who lives adjacent to the Croft property stated he is adamantly opposed to the use of the property for parking and presented the following concerns: (1) property values will diminish, Council would be TED increasing the property value to Crofts and Lido and reducing values to the MEYER, 1710 others, (2) it does not contribute to the interest of the public due to ST. MARY'S increased traffic, noise, security risks, and garbage, (3) would result in dis-incentive to maintain the residential homes, (4) subsequent residential owners could do the same as the Crofts, a domino effect, and it is not a suitable site for a lounge. Mr. Meyer indicated he would resist any attempt to use the property as a parking lot. Dennis Smith, 1725 St. Mary's St., agreed with Mr. Meyer, and expressed concern DENNIS SMITH that the other businesses along the alley might be encouraged to expand at the 1725 ST. MA- expense of the neighborhood if the Lido request is granted. RY'S John Carnes, 1775 N. Snelling, was concerned about using the property for a parking lot which he felt would reduce property values. He strongly recommended that Lido find other alternatives. Walt McCoy, 1746 St. Mary's St., commented on the quiet, peaceful neighborhood WALT MC COY, with expensive homes, and felt the use of the Croft property for a parking lot 1746 ST. would have a negative effect on values. Mr. McCoy was opposed to the change. MARY'S William Juntunen, 1720 St. Mary's St., commented on the number of young families ~• with children and the effect of increased traffic. He also expressed concern JUNTEN, 1720 that the lounge would create a safety problem. ST. MARY'S Barbara McCoy, 1746 St. Mary's St., felt these would be increased traffic and BARBARA they presently have a rush hour problem. She commented on the fact that MC COY, groups of people stand in the present parking lots talking, and feared with 1746 ST. the addition to the Lido there would be parties in the lots, more noise, and MARY'S security problems. She also went on record as being opposed to a cul de sac on St. Mary's. Chuck Laszewski, 1713 St. Mary's, agreed with the neighbors comments and stated he has been planning an addition to his home, however, he would move .rather than expand if the parking lot is approved. Bobby. Thomas, 1703 St. Mary's expressed his concern for the Lido and the neighbors. He stated he lives across the street from the proposed parking lot, and felt that even with berming, shrubs, trees, etc., it will still be a parking lot. City Planner John Uban felt that all possibilities have not been explored and that some other solutions should be addressed at a future meeting. He felt that residential should not unduly suffer due to a commercial area and vice versa. Technical things must be done to protect the neighborhood. Mr. Labalestra explained that there has been some misunderstanding as to the ratio of liquor to food, and that for an establishment such as he is proposing the ratio would be less than the average, as the Lido is heavy on food service. He also explained that he was not aware of any noise problems with his present operation. Mr. Labalestra stated they have exhausted every reasonable alternative before deciding on the present plan, and have delayed the matter five years. He also stressed CHUCK LASZEWSKI, 1713 ST. MARY'S BOBBY THOMAS 1703 ST. MARY' S PLANNER JOHN UBAN JOHN LABALESTRA MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1984 1 ~ c." AGE 4 that if the Lido should be located elsewhere and the present property sold, LIDO it would be an unknown quantity. (cont.) Councilmember Ciernia stated that if a committee is formed the members of COUNCTLMEM- the committee, City Planner and Council should look at all options, not BER CIERNIA look to exclude the project. After the options have been explored, Council would then consider the matter. The other Councilmembers concurred. The Labalestras indicated their willingness to work with the group. Ma or' E ~ y ~ g HEARING y ggert moved seconded b Councilmember Ciernia that the hear in be CONTINUED continued to 7:15 P.M., January 9, 1985. Motion carried unanimously. TO 9/9/85 Mayor Eggert then requested volunteers to serve on the neighborhood CITIZENS committee and the following persons responded: Walt McCoy, 1746 St. Mary's, COMMITTEE Florence Funk, 1628 Maple Knoll, Joy W. Jones, 1735 St. Mary's, Dennis Smith, APPOINTED 1725 St. Mary's, Rod VonDeLind~,1734 St. Mary's, Ted Meyer, 1710 St. Mary's, Peter Navtzeny, 1720 St. Mary's, Lolita Keck, 1766 St. Mary's, William Juntunan, 1728 St. Mary's, Jim Bykowski, 1745 St. Mary's, and Cindy Laszewski, 1713 St. Mary's. Councilmember Ciernia recommended that the charter of the group be to attempt to accommodate the Lido expansion with the progress report two meetings from this date. (December 12). Mayor Eggert moved, seconded by Councilmember Baldwin, that all of the residents who volunteered be appointed to a citizens committee. Motion carried unanimously. Mr. Labalestra indicated that they have a verbal commitment on their financing, but with the postponement that may change. He stressed the importance of proceeding as quickly as possible. Attorney Gasteazoro advised that due to the change from a rezoning request COND. USE to a conditional use request, it will be necessary that the matter be referred REFERRED back to the Planning Commission. PLANNING COMMISSION Jim Bykowski, 1745 St. Mary's, stated that, hopefully a solution can be found which will allow the Lido to expand without detriment to the neighborhood. JIM BYKOWSKI, 1745 ST. Mayor Eggert moved, seconded by Councilmember Ciernia, that the Public Hearing MARY'S on Tax Increment Financing Plan for Economic Development District No. 2 be continued to 8:30 P.M., January 9, 1985. Motion carried unanimously. TIF HEARING CONTINUED Item 5c, concerning eminent domain proceedings was deferred to the January TO 9/9/84 9, 1985 meeting. Councilmember Chestovich presented variance of Minnesota Retirees Housing Corporation as from 22 cars per dwelling unit to IZ cars pe from 12 dwelling units per acre to 16 per ac from 30 feet to accommodate a pitch roof. T previously requested has been deleted. EMINENT DOMAIN requests from the University DEFERRED follows: (1) parking variance r unit, (2) density variance U OF MN re, and (3) height variance RETIREES he side lot set back variance VARIANCES APPROVED Gertrude Esteros, Director of the Board, explained that the structure will be three stories but with additional height to accommidate the pitch roof MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING November l4, 1984 PAGE 5 ~ ~ ;~ a variance is necessary. Jack Klepp, the Developer, stated that the Falcon Heights Fire Chief and U OF MN Fire Marshal and Ramsey County Engineer have reviewed the plans. The RETIREES University of Minnesota will soon be considering approval of the concept (cont.) plans. Councilmember Chestovich moved, seconded by Councilmember Baldwin, that the variances be approved as requested. Motion carried unanimously. The following persons were in attendance representing Bradford Schools: Brad Lemberg and Bob Russek, Bonestroo and Associates, .Chris Seigle, BRADFORD Bradford Schools, and Steve Kinzer, President of the Minneapolis Business SCHOOLS College. Mr. Russek reviewed the site plan, explained the parking, access CONDITIONAL roads, drainage, etc. Mr. Lemberg informed Council that more complete USE plans will be available for the December 12th meeting. Councilmember APPROVED Ciernia requested that Council consider the following conditions before approving the conditional use request: (1) If the students place extra- ordinary use on the City park should the school provide recreational facilities? (2) If on-campus parking proves to be inadequate, then program adjustments will be made or more parking provided, (3) A current copy of rules and regulations will be kept on file at the City Office, (4) Bradford Schools will designate an official community affairs representative. Attorney Gasteazoro was not sure of the legality of putting conditions on a conditional use, but there could be a "gentleman's agreement". Mr. Seigle assured that there will be ample parking provided at all times, and they are providing for a future parking ramp if it becomes necessary. Planner John Uban suggested that the school might consider bussing to tennis courts, etc. rather than on-campus facilities. He also commented on the fact that all the parking aisles dead end and recommended that some pass throughs be provided. Mayor Eggert then moved, seconded by Councilmember Ciernia, that the conditional use request be granted with the following conditions: (1) sufficient parking be maintained on site, (2) current copy of student rules and regulations to be kept on file with City, (3) management person to be designated community relations person, and (4) recreational programs will be provided by the school if it becomes a burden on the community. Motion carried unanimously. Mayor Eggert suggested that Council discuss with the Fiscal Consultant the possibility of including Bradford Schools project in a tax increment district. The matter will be discussed at the December 12th meeting. Mayor Eggert moved, seconded by Councilmember Baldwin, that Ordinance No. 210 be adopted. Motion carried unanimously. ORDINANCE N0. 210 ORDINANCE N0. Z10 AMENDING ORDINANCE 38 REGARDING MEMBERSHIP OF THE FALCON HEIGHTS VOLUNTEER FIRE DEPARTMENT Clerk Administrator Barnes informed Council that the office staff has CHANGE IN obtained information on Physican's Health Plan and is requesting that EMPLOYEE Council consider changing from the present plan to PHP. Also HEALTH presented were costs for a dental plan. Following a short discussion, PLAN Mayor Eggert moved, seconded by Councilmember Baldwin, that if the PHP DISCUSSED matter cannot be delayed until the next meeting, and all employees agree MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1984 PAGE 6 to the change, application may be made, but if there are major problems, Council should be polled. Motion carried unanimously. The matter of dental insurance will be discussed at a later meeting. Mayor Eggert moved, seconded by Councilmember Baldwin, that the meeting be extended to 10:45 P.M. Motion carried unanimously. Councilmember Baldwin explained that he had contacted the State Fire Marshal regarding the problem with the inspection of home day care facilities by the Falcon Heights Fire Marshal. Local governments were given the option to do the inspecting and if the decision was to do so, the State Fire Marshal was to be notified in writing. Since no written reply was received from Falcon Heights, it was considered to be negative. Following a short discussion, Mayor Eggert moved, seconded by Councilmember Baldwin, that the City Attorney be authorized to draft a letter to the State Fire Marshal informing that Falcon Heights desires the State Fire Marshal's Office to do inspections, and if there are any problems with the request, the City should be notified. Motion carried unanimously. Councilmember Chestovich moved, seconded by Mayor Eggert, that the meeting be extended to 11:00 P.M. Motion carried unanimously. Council discussed the matter of severance pay for former Liquor Store Manager, John Sosniecki, and reviewed severance pay policies from other communities. Following the discussion, Councilmember Chestovich moved seconded by Mayor Eggert, that the following severance pay schedule be established for full-time employees leaving in good standing or at retirement: 1-5 years service, 1 weeks salary; 6-10 years, Z weeks sal 11-15 years, 3 weeks salary; over 15 years, 4 weeks salary. Motion carried unanimously. Councilmember Ciernia moved, seconded by Mayor Eggert, that the Cable Commission rent be increased from $150.00 to $175.00 per month as of January 1, 1985, as recommended by the Clerk Administrator. Motion carried unanimously. ary; The matter of issuance of an off sale liquor license was deferred to the November 28, 1984 meeting. Councilmember Ciernia asked that Council consider the matter of including costs of reassessment in the reassessment of Albert/Pascal improvements. He felt that only the original project costs should have been included. Attorney Gasteazoro informed that that no change can be made without another assessment hearing and reassessment. She explained that the ten percent may seem high but the administrative costs are very high and the ten percent probably does cover costs. Mayor Eggert commented on the problem being encountered by Milton Cohen, the prospective developer of the southeast corner of Larpenteur and Snelling. Mr. Cohen informed Mayor Eggert that he is willing to make any information available to Council regarding his finances, current and past, business dealings., litiations, etc. Mr. Cohen also informed that if Council feels it is not politically wise to go forward at this time, he would be willing to withdraw. ~..r r. MEETING EXTENDED STATE FIRE MARSHALL'S OFFICE TO BE ASKED TO DO HOME DAY CARE INSPECTIONS MEETING EXTENDED SEVERANCE PAY SCHEDULING ESTABLISHED CABLE COMMISSION RENT TO BE INCREASED OFF SALE LIQUOR LICENSE DEFERRED REASSESSMENT COSTS DISCUSSED COUNCIL INFORMATION MINUTES/PUBLIC HEARING REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1984 PAGE 7 1`~" v C.i Councilmember Chestovich moved, seconded by Mayor Eggert, that the meeting ADJOURNMENT be adjourned at 11:00 P.M. Motion carried unanimously. ATTEST: 1 Dewan B. Barnes, Clerk Administrator Public Hearing/Regular City Council Meeting of November 14, 1984