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HomeMy WebLinkAboutCCMin_85Apr24MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING ~ A APRIL 24, 1984 z A regular City Council meeting was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Chenoweth, Baldwin, Hard, and Ciernia. Also PRESENT present were Clerk Administrator Barnes, Attorney Van de North, and Engineer Schunicht. None. ABSENT Mayor Eggert moved, seconded by Councilmember Hard, that the Consent Agenda CONSENT be approved as presented. Motion carried unanimously. AGENDA APPROVED 1. General Payroll 4/1/85 - 4/15/85 $8,098.68 2. General Disbursements 4/11/85 - 4/24/85 $56,451.93 3. Prosecutors Statement for March, 1985 4. Park and Recreation Minutes for April, 1985 5. Letter dated April 10, 1985 from Attorney Gasteazoro Regarding Conditional Use Hearings 6. Licenses: General Contractors Leslie Tranby & Son Roofing and Siding ~~1277 6917 Valley Place Crystal, MN 55427 II II L___J Gregory Wigfield & Mitchell Hill Construction ~~1278 3206 North 2nd Street Minneapolis, MN 55412 The Murray Company, Inc. ~~1279 1208 Grand Avenue St. Paul, MN 55105 Mayor Eggert moved, seconded by Councilmember Hard, that the following items be added to the agenda: (1) Resolution Exempting Subdivision of 1666 Coffman, ADDENDA TO and (2) Letter dated April 17 from Mayor Fahey of Little Canada Regarding AGENDA Division of School District 623 into Six Separate Election Districts. Motion carried unanimously. Councilmember Hard moved, seconded by Councilmember Baldwin, that the MINUTES OF Minutes of April 10, 1985, be approved. Upon a vote being taken, the follow- 4/10/85 ing voted in favor thereof: Mayor Eggert, Councilmembers Chenoweth, Baldwin APPROVED and Hard, and the following voted against the same: None. Councilmember Ciernia abstained. Motion carried. Mayor Eggert explained that he had met with the Attorney, Clerk Administrator and Labalestras on April 16th and at that time the Labalestras indicated they intend to pursue the original conditional use request for the Croft property, and indicated the following changes are being considered: 1) a downscaled plan (from a 50 foot to a 30 foot addition), seating will be downscaled, most of the decrease will be in the lounge area in order to maintain the family restaurant atmosphere, 3) will no longer request tax increment financing (the Council still has that option, however), and will not request the closure of St. Mary's Street. Mayor Eggert then explained that due to a misunderstanding regarding the need to hold a public hearing on all conditional uses, the City Attorney has recommended going through the entire procedure again, including referral to the Planning Commission. Mayor Eggert then moved, seconded by Councilmember Baldwin, that the matter be placed on the Planning Commission agenda for May 6 , 1985, LIDO CAFE EXPANSION LIDO CAFE CONDITIONAL USE REFERRED TO PLANNING COMMISSION PUBLIC HEARIl TO BE HELD MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 24, 1985 PAGE 2 ~- 45 that a public hearing be scheduled for May 22, 1985 at 8:30 P.M., and that publication be authorized. Motion carried unanimously. At 7:15 P.M. Mayor Eggert opened the Public Hearing on proposed amendments to the Municipal Code and presented the Affidavit of Publication. Attorney Van de North presented the changes as follows: Chapter 9-10.01 be amended to include beauty shops, barber shops, tanning studios, and video rental shops, and Chapter 9-4.01, Subd. 5(g) relating to the use of streets for vehicle repair. There being no one wishing to be heard, Mayor Eggert closed the hearing at 7:24 P.M. and moved adoption of Ordinance No. 0-85-8. The motion was seconded by Councilmember Ciernia, and carried unanimously. ORDINANCE N0. 0-85-8 ORDINANCE 0-85-8 AN ORDINANCE RELATING TO PERMITTED USES IN THE B-2 BUSINESS DISTRICT AND THE SERVICE AND REPAIR OF VEHICLES ON STREETS The item relating to authorizing the Fiscal Consultant to prepare a tax TIF PLAN increment financing plan for the Lido/St. Mary's project was deferred to DEFERRED TO the meeting of May 22, 1985. 5/22/85 Engineer Schunicht recommended that the matter of ordering plans and ST. MARY'S specifications for extension of storm sewer on St. Mary's be deferred STORM to May 22, 1985. He explained that there is ponding on the Croft and DRAINAGE Meyers properties and it would be appropriate to solve the problem at DEFERRED the time of the Lido construction. TO 5/22/85 Jan Bykowski, 1745 St. Mary's questioned the presence of any problem JAN BYCOWSKI as a part of the Croft property has successfully been used as a garden. 1745 ST. Engineer replied and he and the Clerk Administrator had observed water MARY'S ponding on the site and as an engineer he felt it was desirable to drain areas needing drainage. Steve Reiter, 1746 Fry, inquired if the Lido had requested the storm STEVE REITER drainage as the matter was placed under Lido on the agenda. Mayor 1746 FRY Eggert explained that he felt it appropriate to include it with the Lido discussion, however, it was not requested by the Lido owners. The matter was deferred to May 22 as recommended by tYe Engineer. Attorney Van de North reviewed a memo dated April 16, 1985 prepared by PROPOSED Attorney Gasteazoro relating to revisions to the proposed liquor ordinance. LIQUOR Council discussed at length the ratio of food to liquor, the possibility ORDINANCE of controlling sale of liquor based on square footage, ratio of seats for DISCUSSED food compared to liquor, control by limiting the purchase of liquor, and Councilmember Hard's memo dated April 23, 1985 stating his objection to having open on-sale licenses. Council also discussed the number of licenses now in use and whether or not that number should be reduced or phased out over a period of time. The discussion was interrupted for the public hearing scheduled for 7:45 P.M. Mayor Eggert opened the Public Hearing on the Ray Brown Subdivision Request, BROWN presented the Affidavit of Publication, and then moved, seconded by SUBDIVISION Councilmember Ciernia, that the hearing be continued until Mr. Brown could HEARING complete an emergency fire call. Motion carried unanimously. DELAYED 1 C~ MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 24, 1985 PAGE 3 Council once again discussed the number of liquor licenses to be made available, and concurred that they be limited to the present number, one wine license, one liquor license, and four on-sale non-intoxicating malt liquor licenses and four off-sale non-intoxicating malt liquor licenses. Council could then address additional licenses as the need arises. Attorney Van de North explained that John Labalestra, who is a former President of the Minnesota Hotel and Restaurant Association had informed that a reasonable approach to the food/liquor ratio would be 60 percent food/40 percent liquor. 4~ LIQUOR ORDINANCE DISCUSSION RESUMED Mayor Eggert opened the Public Hearing on the Conditional Use Request from PUBLIC Susan DeLange at 8:30 P.M., and presented the Affidavit of Publication, HEARING ON and explained that the issue had been aired and approved previously, however, DELANGE through a legal misunderstanding it must be repeated. CONDITIONAL USE, 1899 Mark Ascerno, 1871 Tatum, asked about the number of students, kind of WEST dance to be taught in the studio, and whether or not there would be LARPENTEUR air conditioning to prevent the music from disturbing the neighborhood. John Weatherston, Ms. DeLange's partner, reviewed their proposal dated February, 1985 (a copy of which is on file in the Clerk's Office) which had been presented to the Planning Commission and Council at previous meetings, and Mayor Eggert reviewed the Minutes of the March 13th meeting (at which time the request was originally approved) and read the conditions attached. Deb Trent-Sullivan, a member of the Planning Commission, commented on the fact that that body had felt the owners of the studio were sincere in providing a service to Falcon Heights. Councilmember Hard objected to the granting of the conditional use as he felt the property is not zoned properly. There being no others wish to be heard, Mayor Eggert closed the public hearing at 9:54 P.M., and then moved, seconded by Councilmember Chenoweth, that the conditional use be granted with the stipulations set forth at the March 13th meeting: () 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, Council- members Chenoweth, Baldwin, and Ciernia, and the following voted against the same: Councilmember Hard. Motion carried. Mayor Eggert opened the continuation of the Public Hearing on the Subdivision Request from Ray Brown. Mr. Brown presented his memorandum dated April 18, 1985 requesting that the City participate in the cost of installation of utilities. Engineer Schunicht explained that he had assigned the full cost to Mr. Brown, however, the utilities will run through a portion of City property. Council discussed the possibility of participating in the cost involved. Clerk Administrator Barnes stated that if the subdivision is granted, 40 feet should be dedicated to the City, and that one foot of the 40 feet would be retained by Mr. Brown in order that he could recover some of the watermain costs if other lots develop in the future. The hearing was continued until 10:00 P.M., to allow Mr. Brown to consider the advantage of retaining the one foot strip. MARK ASCERNO 1871 TATUM DANCE STUDIO CONDITIONAL USE REQUEST APPROVED 1899 WEST LARPENTEUR RAY BROWN SUBDIVISION HEARING RESUMED Council briefly commented on the fact that the majority of the owners of property north of the Lindig cul-de-sac do not want the storm sewer extended into that area. MINUTES ~ u. REGULAR CITY COUNCIL MEETING/PUBLIC HEARING r~ APRIL 24, 1985 PAGE 4 Clerk Administrator Barnes presented cost estimates for repair of the TRACTOR small tractor (approximately $1,000 for full repairs) and replacement REPAIR (prices range from $6,600 to $13,400). He felt that with full repair AUTHORIZED the tractor should last another four years. Mayor Eggert moved, seconded by Councilmember Chenoweth, that the Clerk Administrator be authorized to order repair of the present tractor. Motion carried unanimously. Mayor Eggert stated that some of the residents of St. Mary's ATTORNEY TO area felt that since John Labalestra had presented the principal idea RESEARCH for the liquor/food ratio, and he has an interest in the Lido Cafe, LIQUOR/ that information should be obtained from a disinterested party. Attorney FOOD RATIO Van de North. was directed to cross reference the information with a dis- interested party, and research the suggestion that the amount of liquor purchased be regulated according to square footage of the establishment. Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-15 be adopted. Motion carried unanimously. RESOLUTION R-85-15 RESOLUTION R-85-15 A RESOLUTION RELATING TO ORDERING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY AND PLANS AND SPECIFICATIONS FOR PROPOSED HAMLINE AVENUE IMPROVEMENTS (HOYT TO LARPENTEUR) AND IMPROVEMENTS TO ALLEY RUNNING BETWEEN LARPENTEUR AND CALIFORNIA (HAMLINE TO ALBERT) Engineer Schunicht presented the feasibility study on the proposed Hamline Avenue improvements (Hoyt to Larpenteur) including improvement of the alley running between California and Larpenteur, Hamline to Albert, explained he had met with Ramsey County to discuss th Hamline plans, and recommended approval. He addressed the drainage problem in the alley and recommended the alley reconstruction and storm sewer extension in the alley be included in the Hamline project. Following the discussion, Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-16 be adopted, the public hearing be scheduled for June 26, 1985 at 8:00 P.M. and publication be authorized. Motion carried unanimously. RESOLUTION R-85-16 RESOLUTION R-85-16 A RESOLUTION RELATING TO ACCEPTING AND APPROVING THE FEASIBILITY STUDY, ORDERING PLANS AND SPECIFICATIONS, SETTING PUBLIC HEARING FOR THE HAMLINE AVENUE IMPROVEMENTS (HOYT AVENUE TO LARPENTEUR AVENUE) AND IMPROVEMENTS TO THE ALLEY RUNNING BETWEEN LARPENTEUR AVENUE AND CALIFORNIA AVENUE, HAMLINE AVENUE TO ALBERT AVENUE, AND AUTHORIZING THE CITY ENGINEER TO NEGOTIATE COST SHARING Mayor Eggert moved, seconded by Councilmember Chenoweth, that Ramsey ALLEY County be requested to add the alley improvements and alley storm IMPROVEMENTS sewer to the Hamline Avenue project. Motion carried unanimously. TO BE ADDED TO HAMLINE Attorney Van de North recommended that an appraisal of the properties AVENUE involved in the project be done prior to the assessment hearing. PROJECT MINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING APRIL 24, 1985 PAGE 5 Mayor Eggert moved, seconded by Councilmember Hard, that Resolution R-85-17 be adopted. Motion carried unanimously. RESOLUTION R-85-17 A RESOLUTION RELATING TO ORDERING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY AND PLANS AND SPECIFICATIONS FOR THE PROPOSED TATUM STREET IMPROVEMENTS Engineer Schunicht presented and reviewed the feasibility report for the proposed Tatum Storm sewer and Street Improvements (a copy of which is on file in the Clerk's Office). Following a short discussion, Mayor Eggert moved, seconded by Councilmember Hard, that Resolution R-85-17A be adopted, that a public hearing be scheduled for June 12, 1985 at 8:00 P.M., and publication be authorized. Motion carried unanimously. RESOLUTION R-85-17A A RESOLUTION RELATING TO ACCEPTING AND APPROVING THE FEASIBILITY STUDY, ORDERING PLANS AND SPECIFICATIONS AND SETTING A PUBLIC HEARING FOR THE TATUM STREET IMPROVEMENTS At 10:00 P.M. the Ray Brown hearing resumed. Mr. Brown indicated he had discussed the matter with the prospective purchasers of his property and that they felt it would be feasible for them to proceed if the City participates in the cost of utilities on the City owned land (approximately $3,000) and agreed to deed the west 39 feet of the east 40 feet to the City. There being no others wishing to be heard, Mayor Eggert closed the hearing at 10:12 P.M. and moved, seconded by Councilmember Hard, that the subdivision be granted with the following stipulations: (1) the City be provided with a deed to the west 39 feet of the east 40 feet, (2) public improvements for sanitary sewer and water will be financed as follows: the Brown property will be assessed for 150 feet of sanitary sewer and water main in accordance with the law, and subject to an appropriate petition for improvements by the developer and the City, and that Resolution R-85-18 be adopted. Motion carried unanimously. RESOLUTION R-85-18 A RESOLUTION APPROVING THE REQUEST OF RAYMOND F. BROWN AND CONCHA D. BROWN, 1844 TATUM STREET, FOR A SUBDIVISION OF THEIR PROPERTY Engineer Schunicht reviewed and explained the Capital Improvement Program for 1985-89 dated April 22, 1985, a copy of which is on file in the Clerk's Office. The plan was prepared for presentation to Moody's Bond Rating Service and itemizes the most debt that the City might be expend- ing during that period. Fiscal Consultant Appfelbacher stated that the City presently has an A-1 rating, which is desirable to maintain, and the only negative comment made by Moodys had to do with the lack of a five year improvement plan. It was, therefore, desirable to prepare the plan. Councilmember Chenoweth moved, seconded by Mayor Eggert, that the Capital Improvement Plan be approved as presented. Motion carried unanimously. 48 RESOLUTION R-85-17 RESOLUTION R-85-17A RAY BROWN SUBDIVISION HEARING CONTINUED RESOLUTION R-85-18 5 YEAR CAPITAI IMPROVEMENT FUND APPROVED MINUTES ~ n REGULAR CITY COUNCIL MEETING/PUBLIC HEARING c7 APRIL 24, 1985 PAGE 6 Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting MEETING be extended until agenda items 6(m) and (s) have been discussed, EXTENDED and a special meeting scheduled. Motion carried unanimously. Councilmember Hard moved, seconded by Councilmember Ciernia, that a SPECIAL Special Meeting be scheduled for May 1, 1985 at 7:00 P.M. Motion MEETING TO carried unanimously, BE HELD 5/1 Councilmember Chenoweth moved, seconded by Councilmember Baldwin, that Resolution R-85-19 be adopted. Motion carried unanimously. RESOLUTION R-85-19 RESOLUTION R-85-19 A RESOLUTION RELATING TO 'PROUD TO BE IN 623 WEEK' Councilmember Hard moved, seconded by Councilmember Chenoweth, that the FLAMEBURGER Flameburger Restaurant, 1533 West Larpenteur, be permitted to hold an 1533 W. outdoor barbecue from 3:30 to 7:00 P.M., April 28, 1985, for the last LARPENTEUR day of business on the condition that they have a policy officer on duty, TO HELD and dram shop insurance is obtained. Motion carried unanimously. OUTDOOR BARBECUE Mayor Eggert moved, seconded by Councilmember Hard, that the spring dump be scheduled for May 10 through May 19, 1985 at the North Prior site by DUMP City Hall with a member of the Fire Department in attendance to assure SCHEDULED that no hazardous wastes are deposited. Motion carried unanimously. FOR 5/10-19 Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting be ADJOURNMENT adjourned at 10:45 P.M. Motion carried unanimously. :~~ -' , f ~~' , Ronald C. Egger~,~I~D., Mayor ATTEST: Dewan B. Barnes, Clerk Administrator Regular City Council Meeting/Public Hearing on April 24, 1985