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HomeMy WebLinkAboutCCMin_85Feb27MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING FEBRUARY 27, 1985 "~` A regular meeting of the Falcon Heights City Council was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Ciernia, Baldwin, and Hard. ,Also present were PRESENT Clerk Administrator Barnes, Attorney Gasteazoro, Attorney Ippel, Engineer Schunicht, and Fiscal Consultant Apfelbacher. None. ABSENT Councilmember Hard moved, seconded by Councilmember Ciernia, that the Consent Agenda be approved with the addition of two licenses. Motion carried CONSENT unanimously. AGENDA APPROVED 1. Falcon Heights Fire Report ~~1-00285 2. Falcon Heights Ambulance Reports ~~2-01486 - ~~2-01985 3. Lauderdale Ambulance Reports ~~4-00585 - ~~4-00785 4. General Disbursements 2/14/85 - 2/27/85 $ 81,810.89 Sinking Fund $166,316.67 5. General Payroll 2/1/85 - 2/15/85 $ 7,631.68 6. Prosecutor's Statement for January, 1985 7. City Attorney's Statement through January, 1985 8. Bi-Monthly Financial Report 9. Ramsey County Sheriff's Report for January, 1985 10. Licenses: 1 Mechancial Contractor's License 4472 Snelling Company 1400 Concordia Avenue St. Paul, MN 55104 General Contractor's License ~~1270 Model Construction Co., Inc. 908 West County Road C-2 Roseville, MN 55113 Mayor Eggert moved, seconded by Councilmember Hard, that the Minutes of February 13, 1985 be approved as presented. Motion carried unanimously. Mayor Eggert explained that Items b(1), (2), (3), and (4) should not have been placed on the agenda for this meeting and are to be deleted. Assistant Fire Chief Lindig introduced Don Vanderberg, representing the Cardiac Resuscitator Corporation, who demonstrated the Heart-Aid De- fibrillator. Mayor Eggert explained the benefits of this new model which is more costly than the one originally considered. Council discussed the additional cost, how it could be funded and advantages of this particular model. Mayor Eggert stated that the machine's high degree of accuracy, voice instruction, and ability to pace are of import- ance. Mr. Vandeberg explained that the cost includes training and the insurance. Assistant Chief Lindig presented a letter from Daniel G. Hankins, M.D., Co-Medical Director of Emergency Medical Services at St. Paul Ramsey Medical Center, dated February 22, 1985 in support of obtaining the Heart-Aid device. Following the discussion, Councilmember Hard moved, seconded by Councilmember Baldwin that the Heart-Aid be purchased as outlined, with the balance of the cost to be paid from the Contingency Fund. Motion carried unanimously. Mayor Eggert opened the Public Hearing on Development District No. 1 and Tax Increment Financing Plan for Housing District No. 2 at 7:30 P.M. and presented the Affidavit of Publication. MINUTES OF 2/13/85 APPROVED PURCHASE OF HEART-AID DEVICE FOR RESCUE DEPT. APPROVED HEARING ON TIF FOR HOUSING DIST. N0. 1 OPENED AND CONTINUED MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING FEBRUARY 27, 1985 PAGE 2 Mayor Eggert then continued the hearing for a short time to allow for appointment of a Councilmember to fill the vacancy created by the resignation of Rice' Chestovich and listed the applicants as follows: Jerry Wallin, 1859 North Snelling, Carolyn Nestingen, 1777 Lindig, William Smith, 1837 Prior, and Phil Chenoweth, 1426 West Larpenteur. Councilmember Hard moved, seconded by Councilmember Ciernia, that Phil Chenoweth be appointed to fill the vacancy. Motion carried unanimously. Mayor Eggert then administered the Oath of Office. The Public Hearing was resumed at 7:37 P.M. Fiscal Consultant Apfelbacher presented an overview of the proposed project, explained the estimated costs and the funds to be created by Tax Increment Financing when projected over a 13 year period. Jack Klepp, one of the developers of the University Retirees Condominiums, stressed the importance of the 13 year term to the project. He also explained that they have 115 reservations for the 100 units and have 53 units sold as of this date. Construction will begin in April or May, 1985 with completion scheduled between March and June, 1986. Mr. Klepp felt that the bond issue would be paid off before the bond term expires. PHIL CHENOWETH 1426 WEST LARPENTEUR APPOINTED TO COUNCIL TO FILL VACANCY PUBLIC HEARING RESUMED Attorney Gasteazoro explained that the project has been classed "Housing District" as it best fit under that category since it is housing for occupancy by low and moderate income individuals. The developer will provide a certificate that a portion of the units will be sold to persons with income limits of $15,000 to $38,000. Attorney Ippel felt that it was a more direct approach to declare it a housing district since elderly retired usually have low to moderate incomes and it also allows for a 25 year bond issue if desired. Council discussed the length of term for the bond issue, possible assessment of some improvements, and the possibility of requiring the developer to pay a portion of the debt retirement. Clerk Administrator Barnes explained that the University of Minnesota Golf Club has indicated a willingness to pay assessments on extension of sewer and water to the Club, however, it must be approved by the University. Council reviewed the letter of credit and objected to the wording which excludes payment of any expenses incurred by City Staff. John Herman, Attorney for the Coffman project, assured that the requested changes would be made. Attorney Herman also explained the operation of the condominium association, and that upon sale of the units the association will assume all responsibilities relating to the development agreement. Attorney Ippel stated that the object at this meeting is to approve the creation of the district., the development agreement will be negotiated later. Councilmember Baldwin expressed concern over a 13 year bond term and the fact that the community would not receive any immediate benefits. Fiscal Consultant Apfelbacher explained that there will be some direct benefit immediately due to the fact that the land is going from tax exempt to taxable (approximately $11,000). He also suggested that if it is not necessary to sell the bonds immediately and sale could be delayed six months, it would reduce the issue approximately $50,000 plus interest. Councilmember Hard expressed concern regarding escape in case of fire, and was assured that each unit will have a balcony. Developer Frank Kubitschek stated the matter has been discussed with the Fire Chief and Fire Marshal and both seem satisfied with the plan and felt all balconies are accessible to the ladder truck. MINUTES. REGULAR CITY COUNCIL MEETING/PUBLIC HEARING FEBRUARY 27, 1985 PAGE 3 There being no others wishing to be heard, Mayor Eggert closed the hearing at 8:44 P.M. Mayor Eggert moved, seconded by Councilmember Baldwin, that Resolution R-85-8 be adopted contingent upon negotiation of the development agreement, modification of technicalities in letter of credit, and review by Planning Commission. Motion carried unanimously. RESOLUTION R-85-8 RESOLUTION ADOPTING AMENDMENT TO DEVELOPMENT PLAN AND ADOPTING TAX INCREMENT FINANCING PLAN, DECLARING PUBLIC PURPOSE, REQUESTING CERTIFICATION OF ORIGINAL ASSESSED VALUE, PROVIDING FOR FILING, ADMINISTRATION LJ May Hutchinson, representing the Minnesota Housing Finance Agency, reviewed the Single Family Mortgage Loan Program sponsored by the Agency. She explained that there are three programs designed for low and moderate in- come families as follows: (1) Target Census Tract Program - funds made available whenever bonds are sold, (2) Regular Single Family Home Loan Program which provides reduced interest rates/assistance with down payment and monthly payments for first time homeowners with no commitment by the municipality, and (3) Municipal Home Mortgage Program where funds are set aside for the municipality, municipality designs their own housing program and participates by paying a three percent commitment fee. ~~ HEARING CLOSED AT 8:44 P.M. RESOLUTION R-85-8 MINNESOTA HOUSING FINANCE AGENCY PRESENTATION Mayor Eggert reviewed the matter of the Lido Cafe conditional use request LIDO CAFE and explained that a meeting had been held with the Planner, Attorney and CONDITIONS Lido regarding the conditions. Attorney Gasteazoro presented a report dated DISCUSSED February 20, 1985 listing the conditions. Council discussed at length the restriction of certain types of entertainment, closing hours, and ratio of food to liquor. Attorney Gasteazoro explained that prohibiting enter- tainment completely would be too restrictive and, therefore, the condition was written to restrict entertainment which would result in large and rowdy crowds. John Labalestra, Lido Cafe, explained that the restaurant's average guest check is $5.00 to $7.00 including liquor and he would prefer any ordinance controlling the split between liquor and food be based on sales. Copies of liquor ordinances will be obtained from other communities and the matter addressed at the March 13, 1985 meeting. Jim Bycowski, 1745 St. Mary's Street, stated he thought the granting of the JIM BYKOWSKI conditional use was especially for Lido Cafe parking and objected to 1745 ST. DIARY'S allowing the conditional use to run with the property. Attorney Gasteazoro explained that the Municipal Code provides that the conditional use run with the land, not the owner. Randy Gustafson, 1775 St. Mary's Street, felt that the marketability of R. GUSTAFSON the property should be limited. 1775 ST. MARY'S Ted Meyer, 1710 St. Mary's, stated there were other conditions involved TED MEYER such as condemnation of the alley, vacation of St. Mary's, purchase of 1710 ST. MARY'S Buck's property, berming and landscaping. Mayor Eggert explained that berming and landscaping is a part of the development agreement. Mr. Meyet also wanted the food/liquor ratio addressed, and asked what would happen in event of default. MINUTES ~.. REGULAR CITY COUNCIL MEETING/PUBLIC HEARING FEBRUARY 27, 1985 PAGE 4 Bobby Thomas, 1703 St. Mary's, voiced his objection to having a parking BOBBY THOMAS lot in front of his home. 1703 ST. MARY'S Gary Kwong, 1700 Fr y Street, did not want further expansion as it would GARY KWONG cause more traffic. 1700 FRY Jim Bycowski, 1734 St. Mary's, wanted to know what happens if conditions JIM BYKOWSKI are not met, could the lot be restored to residential with a home of 1734 ST. MARY'S comparable worth on it? Leo Ohman, 1365 Garden, commented on the high taxes in the neighborhood LEO OHMAN and the fact that the closing of St. Mary's will destroy the value of 1365 GARDEN 55 houses. He asked that Council give the matter much thought and be sure the neighborhood is not damaged too much or it would encourage a class action suit. Council discussed control of upkeep of the parking lot should the restaurant property be sold to a business not needing the additional parking. Attorney Gasteazoro stressed that the remedies are provided for in the Code. Mayor Eggert moved, seconded by Councilmember hard, that the conditions be approved as modified. Motion carried unanimously. PRELIMINARY Councilmember Ciernia moved, seconded by Councilmember Baldwin, that the DEVELOPMENT preliminary development agreement be approved. Motion carried unanimously. AGREEMENT APPROVED Attorney Fred Kueppers, representing Mr. and Mrs. Norbert Hermes, 1755 St. Mary's, inquired if the Lido is to pay for condemnation of the alley, Ted FRED KUEPPERS/ Meyer asked if the Lido will also pay for damages to the neighbors and TED MEYER connected legal fees. Mayor Eggert explained that the appropriate use of tax increment funds will be discussed at the hearing, that some improvements could be assessed to the Lido, and that he felt it premature to address the payment for condemnation of the alley at this time. Ted Meyer questioned the vacation of the alley. Attorney Gasteazoro will discuss the vacation procedure with Mr. Meyer at a later date. Mayor Eggert moved, seconded by Councilmember Baldwin, that the meeting be MEETING extended until 10:45 P.M. Motion carried unanimously. EXTENDED Mayor Eggert moved, seconded by Councilmember Ciernia, that Resolution TIF HEARING R-85-9 be adopted setting the public hearing on Tax Increment Financing FOR LIDO for April 10, 1985 at 7:15 P.M. Motion carried unanimously. 4/10/85 RESOLUTION R-85-9 RESOLUTION R-85-9 RESOLUTION CALLING FOR PUBLIC HEARING ON DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN AND REQUESTING THE COMMENTS OF THE CITY PLANNING COMMISSION Mayor Eggert moved, seconded by Councilmember Hard, that the Public HEARING ON Hearing on the vacation of the southern portion of St. Mary's Street be ST. MARY'S scheduled for April 10, 1985 at 8:15 P.M. Upon a vote being taken, the VACATION following voted in favor thereof: Mayor Eggert, Councilmember Ciernia, SCHEDULED FOR 4/10/85 MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING FEBRUARY 27, 1985 PAGE 5 Baldwin and Hard, and the following voted against the same: None. Councilmember Chenoweth abstained. Motion carried. Mayor Eggert moved, seconded by Councilmember Baldwin that the meeting be MEETING extended to 10:50 P.M. Motion carried unanimously. EXTENDED Mayor Eggert moved, seconded by Councilmember Baldwin, that the City ATTORNEY Attorney be authorized to initiate quick take of the private alley owned AUTHORIZED by Norbert Hermes. Upon a vote being taken, the following v oted in favor TO INITIATE thereof: Mayor Eggert, Councilmembers Cierni a, Baldwin, and Hard, and QUICK TAKE the following voted against the same: None. Councilmember Chenoweth OF HERMES abstained. Motion carried. ALLEY Ted Meyer inquired as to exactly what portion of the alley is to be taken. Engineer Schunicht replied that the alley will be taken in line with the east line of the Croft property. Mayor Eggert moved, seconded by Councilmember Hard, that the meeting be adjourned at 10:54 P.M. Motion carried unanimusly. I~~~ ~J ~ ~ ~ , ~.- __ ---~ Ronald C. Eggert, .D., Mayor ATTEST: Dewan B. Barnes, Clerk Administrator ADJOURNMENT