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HomeMy WebLinkAboutCCMin_85Mar13MINUTES REGULAR CITY COUNCIL MEETING 2 MARCH 13, 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 Baldwin, Hard, Ciernia, and Chenoweth. Also present PRESENT were Clerk Administrator Barnes, Attorney Gasteazoro, and Engineer Schunicht. None. ABSENT Mayor Eggert moved, seconded by Councilmember Hard, that the Consent Agenda CONSENT be approved with the addition of the Planning Commission Minutes of March 11, AGENDA 1985. Motion carried unanimiously. APPROVED 1. Falcon Heights Fire Report X61-00385 2. Falcon Heights Ambulance Reports ~~2-02085 - 4~2-02385 3. General Disbursements 2/28/85 - 3/13/85 $22,474.48 Sinking Fund $ 6.26 4. General Payroll 2/16/85 - 2/28/85 $ 7,458.68 5. Human Rights Minutes of January 17, 1985 6. Licenses: General Corporate ~~1272 Round Bobbin Sewing Center 1534 West Larpenteur Falcon .Heights, MN 55113 General Contractors Licenses W. F. Bauer Construction ~~127Y Castle Building & Remodeling, Inc. 4324 Lake Point Court 2125 Hennpin Avenue East ~~1273 Shoreview, MN Minneapolis, MN 55413 7. Planning Commission Minutes of March 11, 1985 John Weatherston and Sue DeLange presented their request for a conditional VARIANCE & use to operate a dance studio with more than 3 students at one time a CONDITIONAL the home Ms. DeLange plans to purchase at 1899 W. Larpenteur. They also USE REQUESTS requested a variance to extend the existing family room 16 feet from the FOR DELANGE rear lot line, and to be excused from providing 1 enclosed parking space. DANCERS Mr. Weatherston presented their plan and explained the operation of the STUDIO studio, number of students and scheduling. Council discussed prohibiting 1899 W. on street parking, whether or not the conditional use could be limited to LARPENTEUR Ms. DeLange (Attorney informed it is appropriate that it run with the APPROVED land as long as it is used for a dance studio, but any change in use would require Council action) and whether or not the music would be heard by the neighbors. Councilmember Hard felt the zoning is not appropriate for that parcel, that it should be R-1 or R-2. Following the discussion, Mayor Eggert moved, seconded by Councilmember Baldwin, that the requests be granted with the following conditions: (1) owner will construct a culvert under driveway if necessary and maintain such culvert, (2) the number of students at any one time will not exceed 16, and (3) classes will be scheduled in such a manner to eliminate the need for on-street parking. Upon a vote being taken, the following voted in favor thereof: Mayor Eggert, Councilmembers Baldwin, Ciernia, and Chenoweth, and the following voted against the same: Councilmember Hard due to the reason given above. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING MARCH 13, 1985 PAGE 2 Don Hermes, Hermes Floral, 1750 West Larpenteur, presented a request for a conditional use to construct a utility building on the nursery property, and a variance to place the structure 14 feet from the. east property line in order that it will be in line with .the existing building. Councilmember Ciernia expressed concern that the owner of the adjacent apartments was not aware of the proposed structure. Following a discussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that the requests be granted with the understanding that the Clerk Administrator will notify the owner of the abutting property and if there are objections, they must be indicated within 72 hours. Motion carried unanimously. Mayor Eggert moved, seconded by Councilmember Baldwin, that conditional use request from Roy Spaulding, 1879 Arona, to construct a utility building, be approved as recommended by the Planning Commission. Motion carried unanimously. Mayor Eggert moved, seconded by Councilmember Hard, that Ernest Olson, 1687 Fry, be appointed to the Fire/Rescue Department subject to the required physical and one year probation period. Motion carried unanimously. Mayor Eggert presented the proposed development agreement with Lido Cafe, Inc., and explained that he had met with Clerk Administrator Barnes, Attorney Gasteazoro, and Engineer Schunicht to attempt to bring together ideas regard- ing the proposed Lido plans. He stated that they discussed alternatives to the closing of St. Mary's Street since that seemed to be of great concern to the nearby residents. It was determined that adequate parking could be provided without the street closing if the Lido would down scale the seating by 15 or 20 spaces and slightly adjusting the parking ratio per seating spaces. Mayor Eggert had talked to Ted Meyers and Bobby Thomas, the abutting property owners, and John Labalestra of tYe Lido Cafe to promote private negotiations between those parties. All expressed a willingness to discuss the matter and the outcome of these discussions would affect the development agreement. Jim Bykowski, 1745 St. Mary's, questioned the fact that all date and dollar figures are missing in the agreement and was concerned that the agreement was drafted based on the closing of St. Mary's and construction of a cul- de-sac, when it is now being discussed to leave St. Mary's open. Mr. Bykowski stated that the residents are more concerned with maintaining the Croft property as a residence than over the cul-de-sac. He also questioned whether or not there is a written document agreeing to shared parking with Buck's Unpainted Furniture, whether or not Council has estimates on legal fees, etc. connected with the project, if condemnation of the alley is still a part of the project, and if so who will maintain the alley. Mayor Eggert explained that Buck's parking will not be needed, that St. Mary's could be designated one way to the south if neighbors feel it necessary, costs will be addressed later with the Tax Increment Hearing, that condemnation is still a consideration, but the City will attempt to negotiate with the owner for purchase of the alley, and that it would be a public alley maintained by the City. E.7 HERMES FLORAL 1750 W. LARPENTEUR VARIANCE & CONDITIONAL USE REQUESTS APPROVED APPROVAL OF CONDITIONAL USE FOR UTILITY BLDG. ROY SPAULDING 1879 ARONA ERNEST OLSON APPOINTED TO FIRE/RESCUE LIDO CAFE DEVELOPMENT AGREEMENT DISCUSSION JIM BYKOWSKI, 1756 ST. MARY'S Steve Reiter, 1746 Fry St., questioned portions of the development agreement STEVE as follows: 1) what construction plans are being discussed, present plans REITER, or final plans, 2) if it goes with the land, is Lido tied to it or might 1746 FRY they market the property at a benefit to the Lido but not the homeowners, and, 3) the development is not in the best interest of the citizens. Attorney Gasteazoro replied that the agreement pertains to final plans upon which tax MINUTES REGULAR CITY COUNCIL MEETING MARCH 13, 1985 PAGE 3 Lolita Keck, 1766 St. Mary's, reported that the neighborhood committee LOLITA KECK, had worked very hard and she was surprised that no representative of that 1766 ST. group had been asked for input on the development of the agreement and MARY'S plans. She felt all decisions were made by Council whereas a neighborhood representative should have been in attendance at the study sessions. Mayor Eggert replied that the charge of the committee was to try to find a compromise solution to the problems arising from Lido's need to expand, but the committee made recommendations to the Planning Commission and Council in favor of a plan which everyone knew was unworkable. That scheme depended upon participation of the Hermes who were unwilling to participate. He explained that Council has gone on record as being in favor of some sort of Lido expansion but a number of things need to be negotiated. increment financing would be based and a building permit granted, that development agreements are very technical documents drafted for tax increment financing with additions relating to specific projects. Mayor Eggert commented on the good LIDO track record of the Lido during the 28 years of operation and did not feel the (contd.) Lido would leave after the project is completed. Mr. Reiter expressed concern that if St. Mary's is closed, Fry Street traffic would increase. Following a discussion of page 14 of the agreement dealing with rejection of construction plans, it was agreed that thirty (30) days would be more appropriate than 15, and the Attorney will amend that portion. Leo Ohman, 1635 Garden, felt that parking is not sufficient. He commented LEO OHMAN, on the fact that liquor is a big profit maker attracting more cars, and citied 1635 GARDEN the Ground Round where there is one person per vehicle. He felt that cars would be traveling Fry to Garden or Maple Knoll between 10:00 P.M. and 12:30 A.M. when accidents are caused by drinking. Gary Kwong, 1700 Fry St., requested that Council consider banning parking GARY KWONG, on the west side of Fry St. and that the apartment dwellers who live in the 1700 FRY Fry apartments be allowed to park on the proposed public parking lot. Mayor Eggert replied that residents could petition for no parking, however, at this time it is premature. ~J David Bishop, 175.5 St. Mary's, asked if the parties do not reach agreement if the cul-de-sac would again be considered to which Mayor Eggert replied these are the two principal schemes. Mr. Bishop then asked if it was the intent of the City to have Lido pick up the cost of condemnation of the alley. Mayor Eggert replied in the negative as the alley would be a public alley, and stressed the fact that there are no other private alleys in the City. Mr. Bishop also wanted to know who would pay for suits arising from inverse condemnation and the affect on the property. Attorney Gasteazoro referred to the development agreement which currently shows it as a developer's cost. Mr. Bishop then questioned the legality of vacating St. Mary's and giving it to the Lido to which Attorney Gasteazoro replied that the plat had been examined and that the street was dedicated to the City for street purposes and if vacated it will be divided between Lido and Bucks. At that time the City would re-obtain it from the owners. 2 DAVID BISHOP, 1755 ST. MARY'S Fred Kueppers, Attorney for Mr. and Mrs. Norbert Hermes, asked what the City's FRED KUEPPERS intent is in regard to the private alley. Mayor Eggert explained that a presentATTORNEY FOR the intent is to attempt a private negotiation to obtain the east/west alley MR. AND MRS. in line with the east end of the Croft property, unless some change is made NORBERT HERMES upon the recommendation of the City Attorney. MINUTES REGULAR CITY COUNCIL MEETING MARCH 13, 1985 PAGE 4 Following the discussion, all agenda items relating to the Lido project were deferred awaiting the outcome of proposed negotiations between the Lido, Mr. Meyers, and Mr. Thomas, and between the City and Hermes. Robert Collins, Attorney for Bullseye Golf, presented an update on the progress of that proposed project. He then requested that Council approve the plan to decrease the basement area of the structure from 12,000 to 6,000 square feet which would mean a savings of approximately $58,000. Mayor Eggert asked if the proceeds from the savings be used to fund lighting, landscaping, irrigation, etc., as requested by the City. Mr. Collins explained that Miller Schroeder will not agree to it, their rationale being that there are rents to be derived and when you remove 6,000 square feet you are removing a part of that rental value, but they might change their minds as leases come in. Councilmember Chenoweth was of the opinion that Miller would not supply more funds since it reduces rentals, and felt the size should not be decreased. Councilmember Ciernia stated he was un- comfortable with all the undecided items and felt it might be appropriate to delay the matter until all items are in place. Mr. Collins explained that the reduction causes problems to Kraus-Anderson and their subcontractors and they would like the matter resolved as soon as possible in order that they can finalize amounts of materials, etc. He felt that the March 27th meeting would be too late. Councilmember Baldwin expressed concern over the number and scope of changes made by Bullseye, considered them violations of the development agreement, and suggested the development agreement be re-negotiated. Mr. Collins indicated he must have approval tonight or they would be forced to go forward with the 12,000 square foot basement. Council discussed whether or not it would be possible to make a trade off, i.e. consider the change in size of the basement in return for completion of landscaping, etc. Mayor Egger t then moved that the request to reduce the size be granted with the stipulation that the items in his letter of December 6, 1985, be completed. Motion died for lack of a second. Attorney Gasteazoro reviewed portions of the agreement and was of the opinion that since the agreement was based on construction plans which have already been approved, the City could not require a trade-off as discussed, however, the plans could be amended by a change order and the City would be secure. The City could then withhold the Certificate of Completion if Bu11se5e does not go forward. Attorney Gasteazoro was of the opinion that if signing of the certificate is refused, the bank will be concerned. and, no doubt, complete the project, however, she was not positive, and explained that the City has limited rights due to subordination. Councilmember Hard inquired if improvements made be renters would increase the value which would benefit the tax increment financing, to which Attorney Gasteazoro replied that the higher value would be considered. v ALL LIDO ITEMS DEFERRED BULLSEYE GOLF REQUEST TO DECREASE SIZE OF BASEMENT TO 6,000 SQUARE FEET DENIED Following the discussion, Mayor Eggert moved, seconded by Councilmember Hard, BULLSEYE that the request to reduce the size of the basement from 12,000 to 6,000 REQUEST TO square feet be approved. Upon a vote being taken, the following voted in APPROVE favor thereof: Councilmember Hard, and the following voted against the same: REDUCTION Mayor Eggert, Councilmembers Baldwin, Ciernia and Chenoweth. Motion failed. DENIED MINUTES REGULAR CITY COUNCIL MEETING MARCH 13, 1985 PAGE 5 RAY BROWN, Ray Brown, 1844 Tatum, addressed Council requesting advice and input 1844 TATUM regarding the possibility of extending utilities to his lot north of the REQUEST FOR Lindig cul-de-sac, thus making it possible to subdivide the lot for EXTENSION OF construction of two homes. He explained that there will be construction UTILITIES TO in the cul-de-sac this spring for construction of a home at the end of HIS LOT Lindig, and he felt it was an appropriate time to discuss the matter. NORTH OF Engineer Schunicht had reviewed the matter and felt that extension of the water LINDIG CUL- line is no problem, extension of the sewer needs further review, and gave suggestions DE-SAC for extension of the street, i.e. a dual driveway off the cul-de-sac, or e xtension of the street with a short turn-around. Mr. Brown felt the less expensive was a dual driveway, which would suffice. Mayor Eggert moved, seconded by Councilmember Baldwin, that the meeting be MEETING extended until the present discussion is completed. Motion carried EXTENDED unanimously. Engineer Schunicht then addressed the problem of construction on the lots which are partially in the no-build area. He explained that the homes must be constructed with the same requirements as those previously built in the no build area. Councilmember Hard commented on the fact that the City had considered storm sewer in that area, and Engineer Schunicht stated that the plans for storm sewer in the area were prepared previously. Mayor Eggert moved, seconded by Councilmember Hard, that the Engineer be authorized to prepare a feasibility study relating to Mr. Brown's subdivision request. Motion carried unanimously. Mayor Eggert moved, seconded by Councilmember Hard, that a special meeting be scheduled for March 20,.1985 at 7:00 P.M. to allow for completion of existing agenda items. Motion carried unanimously. Mayor Eggert moved, seconded by Councilmember Hard, that the meeting be adjourned at 10:46 P.M. Motion carried unanimously. C. Eggert, Ml~ Mayor ATTEST: r~,~ ~?,~- ;~ ~,~/` ~~ -mot Dewan B. Barnes. Clerk Aclminictratnr Regular City Council Meeting of March 13, 1985 RAY BROWN REQUEST CONTINUED FEASIBILITY STUDY TO BE PREPARED BY ENGINEER SPECIAL MEETING SET FOR 3/20/85 ADJOURNMENT