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HomeMy WebLinkAboutCCMin_85May1_SpecialMINUTES SPECIAL CITY .COUNCIL MEETING May 1, 1985 A special meeting of the Falcon Heights City Council was called to order at 7:00 P.M. by Mayor Eggert. Mayor Eggert, Councilmembers Ciernia, Chenoweth, Baldwin and Hard. Also present were Clerk Administrator Barnes, Attorney Van de North, and Engineer Schunicht. None. Mayor Eggert moved, seconded by Councilmember Ciernia, that the Minutes of April 24, 1985 be approved as presented. Motion carried unanimously. Council reviewed the request from Steven C. Emerson, 2129 West Larpenteur, to install a 65 foot ham radio antenna and tower on his property. Concern was expressed regarding Radio Station KUOM as that station has a tower nearby and the Emerson tower might cause interference. Mayor Eggert moved, seconded by Councilmember Chenoweth, that the matter be referred to the Planning Commission, that a public hearing be scheduled for 7:30 P.M., June 12, 1985, and publication be authorized. Motion carried unanimously. Clerk Administrator Barnes explained that it is necessary to relocate the light pole between 1740 and 1746 Holton in order that the homeowner at 1740 Holton may install a driveway. Northern States Power will move the pole at no cost as there is no need to extend the wire and the pole is rotting and needs replacing. Councilmember Ciernia moved, seconded by Councilmember Hard, that the Clerk Administrator be authorized to move the light pole as discussed. Clerk Administrator Barnes presented a quote from Schifskys of $2,000 for resurfacing the Idaho/Snelling Playground. Mayor Eggert added that Northwestern Bell has requested permission to place a small building in the playground area and would no doubt need a driveway, which could be coordinated with the playground resurfacing. Councilmember Ciernia moved, seconded by Mayor Eggert, that the Clerk Administrator be authorized ro resurface the area at a cost of $2,000, the amount to be paid from the green space fund, and that the project be coordinated with the Northwestern Bell project if possible. Motion carried unanimously. Connie Lasser, 1754 Simpson, presented a petition requesting changes in the recreation program together with her memorandum stating issues they would like to see addressed such as scope of the program, staffing, and equipment needs. She felt that the lack of enthusiasm shown by the children participating carried over from the attitude of the coaching staff. Ms. Lasser suggested the addition of activities such as girl's softball (ages 8-10 ), nature walks, Easter egg hunts, etc. Debbie Trent-Sullivan, 1888 Simpson, felt there was a need to expand to address the City's changing population and commented on the fact that there is nothing for seniors. Ms. Trent-Sullivan stated she had discussed the matter with Pauline Staples, Assistant Director of Recreation in Maplewood, who was in attendance to answer any questions. Ms. Trent- Sullivan then addressed such items as use of green space funds for acquisition of land, planting of trees on the green space at the Learning Center, recruitment and use of volunteers in the recreation programs, and group activities such as self-supporting trips. Mayor Eggert asked for clarification of items in the Lasser memo relating to staff qualifications and salaries. ~U PRESENT ABSENT MINUTES OF 4/24/85 APPROVED CONDITIONAL USE REQUEST FROM S. EMERSON, 2129 WEST LARPENTEUR REFERRED TO PLANNING COMMISSION, HEARING ON 6/12 LIGHT POLE BETWEEN 1740 & 1746 HOLTON TO BE RELOCATED RESURFACING OF IDAHO/ SNELLING PLAYGROUND AUTHORIZED RECREATION DISCUSSION CONNIE LASSER 1754 SIMPSON DEB TRENT- SULLIVAN, 1888 SIMPSON 1 MINUTES SPECIAL CITY MAY 1, 1985 PAGE 2 COUNCIL MEETING Ms. Trent-Sullivan felt that Falcon Heights is overpaying the recreation staff, that she had checked with Roseville and the top salary there is $5.50 per hour. Councilmember Ciernia gave a brief history of past recreation programs, the philosophy being to provide niche programs, to provide programs not offered elsewhere, and commented on the "non-resident" repaying to Falcon Heights persons who participate in Roseville programs. 5 Pauline Staples, Maplewood Recreation, explained that she does consulting PAULINE work in the recreation field and was of the opin ion that Falcon Heights STAPLES, can do more with the recreation program with the present staff and budget, MAPLEWOOD and gave as an example self-supporting programs such as trips where the RECREATION participant is charged for bus fare and pays the admission charge. DEPARTMENT Councilmember Hard commented on the fact that in the past the recreation program was large, but the programs gradually geared down when the number of children decreased. He also pointed out that it has been difficult to find persons willing to serve on the Park and Recreation Commission. Ms. Staples offered to work with the Falcon Heights Recreation Commission to assist in possible expansion, and indicated that there would be no charge. Mayor Eggert explained that the 1985 budget is set, 1986 is not, but will be by August and if there are to be changes they must come through the Commission. Council then reviewed the Commission's recommendations. He stressed the fact that persons wished to see changes should work with the Commission, Ms. Staples replied that it was her understanding, that the group had started with the Commission, but the Commission was not receptive. Floyd Bedbury, Chairman of the Commission, stated that body did give over an hour to the subject at the April meeting, that answers will be given at the May 6th meeting, and the Commission is responsive. Ardis Hutchins, 1901 Simpson, indicated she would be willing to assist with the T-ball program, and suggested that a sign-up list for volunteers be presented when persons sign up for the summer programs. Lori Luttrel, Summer Recreation Director, stated she has worked with the program for five years and asked what Ms. Trent-Sullivan and Ms. Lasser felt was wrong with the personnel. Mayor Eggert agreed the matter should be aired but felt it would be more appropriate to have it as an agenda item for the Park and Recreation Commission. Connie McCarthy, 1879 Simpson, commented on the fact that it is difficult to get girls into some of the Roseville programs and with many new families with children in the community other activities are needed. Ms. McCarthy was of the opinion that Council had a negative attitude toward the matter and is not open for new ideas. Both Mayor Eggert and Councilmember Ciernia stressed that they would consider reasonable suggestions, and Council does not turn down reasonable requests. Debbie Trent-Sullivan felt that Park and Recreation Commission was not responsive, as not one member of the Commission contacted her following the April 1 meeting and answered any questions. Chairman Bedbury stated the answers will be given at the May meeting. ARDIS HUTCHINS, 1901 SIMPSON LORI LUTTREL, RECREATION DIRECTOR CONNIE MC CARTHY, 1879 SIMPSON MINUTES ~ 2 SPECIAL CITY COUNCIL MEETING MAY 1, 1985 PAGE 3 Mayor Eggert presented the proposed Resolution authorizing eminent domain CONDEMNATIOn proceedings in connection with the east/west alley owned by Mr. OF HERMES and Mrs. Norbert Hermes, stated that an appraiser has been engaged to ALLEY appraise the property, and the City would make a private offer prior to DISCUSSED the condemnation. Attorney Van de North reviewed the resolution and inquired as to whether or not it is necessary to take the 41.67 feet to the east of the Lido property. Engineer Schunicht explained that he had recommended taking the alley to the east line of the Croft property as the alley is an integral part of the parking lot and without it the buffer area between the parking area and residential would be diminished. Mayor Eggert pointed out that the condemnation was authorized at the February 27th Council meeting, however, the City Attorney advised the authorization should have been done by resolution. Fred Kueppers, Attorney for Mrs. and Mrs. Norbert Hermes, stated that the FRED Hermes are relucant to part with the property and naturally agreed that if KEUPPERS, the City is successful in condemning that they take as little as possible. HERMES Councilmember Ciernia asked if there were any alternatives considered such ATTORNEY as an easement, to which Mr. Kueppers relied in the negative. Mayor Eggert stated that a meeting was held at City Hall with Mr. and Mrs. Hermes, Ralph Hermes, Mr. Kueppers, the Labalestras, Mr. Barnes and himself, the purpose of which was to promote some sort of negotiations between the Hermes and the Labalestras, and following that meeting Ralph Hermes in- dicated to the Labalestras that Mr. and Mrs. Hermes were not interested in negotiating an agreement, Mr. Kueppers agreed the meeting was held, but had the impression that the alley would be taken regardless, to which Mayor Eggert replied that condemnation is the last resort. Council would prefer the matter be handled privately. Mr. Kueppers stated that Ralph Hermes is not the owner of the property, and that Mr. and Mrs. Hermes had not been approached regarding negotiations on sharing the alley. Councilmember Chenoweth moved, seconded by Mayor Eggert, that Resolution R-85-20 be adopted. L olita Keck, 1766 St, Mary's, inquired how it was determined that the con- LOLITA demnation was for 'public purpose', and felt that if the Lido benefits KECK, they should purchase the alley. Ms. Keck also wanted to know why the 1766 condemnation is being started when the conditional use has not been ST, MARY'S issued. Attorney Van de North explained that if the conditional use is not granted, the condemnation proceedings can be stopped at any time. Steve Reiter, 1746 Fry St., stated he was disappointed that only mention of the Lido purchasing the Hermes property had been made, and nothing about the possibility of the sale of the Lido to Hermes. Mr. Reiter was also of the opinion that if the City takes the alley, the Croft property could not be issued a conditional use for parking as it would no longer abut a B-2 district but an alley. He also felt it served no public purpose. It was explained to Mr. Reiter that the i alley would still be in the B-2 district. ~ Upon a vote being taken upon the foregoing motion, the motion carried unanimously. RESOLUTION R-85-20 RESOLUTION R-85-20 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEDINGS IN CONNECTION WITH THE EAST/WEST ALLEY AS LEGALLY DESCRIBED HEREIN MINUTES SPECIAL CITY COUNCIL MEETING ~" v ~' ~ ~~ MAY 1, 1985 PAGE 4 Council reviewed the proposed liquor ordinance and discussed at length establishing a ratio of food to liquor based on cash receipts, seating or both, the number of on sale liquor licenses to be allowed, whether or LIQUOR not to allow both "on" or "off" sale of non-intoxicating malt liquor ORDINANCE in the same establishment, or the possible phasing out of the latter. DISCUSSED The possibility of holding a public hearing for estabishments affected by the ordinance was discussed after which Mayor Eggert moved, seconded by Councilmember Hard, that the ratio of 70/30 be established on seating plus 60/40 on total receipts, that bar seats be in a definable space, that issuing "on" sale and "off" sale non-intoxicating malt liquor licenses to one establishment be phased out at the end of 1986, that a ratio of 40/60 be established for service/entertainment type businesses serving non-intoxicating malt liquor, and that a hearing be scheduled for June 12, 1985 at 6:30 P.M. (all affected businesses to be notified). Motion carried unanimously. Attorney Van de North will redraft the ordinance to reflect the above requirements and present it for final review on May 22, 1985. Engineer Schunicht presented the plan for shared lighting between the BULLSEYE/ Embers and Bullseye Golf and explained that the Henry Kristal, owner of EMBERS the Embers requested that they be allowed to keep ,the two 1,000 watt SHARED lights as they advertise the fact that his establishment is open 24 LIGHTING/ hours a day, and also prevents loitering around the building. Council PARKING agreed. Mr. Schunicht indicated the owners may have some difficulty in APPROVED agreeing on sharing the cost of the new lighting and Council agreed that the matter is one for Mr. Kristal and Mr. Hunt to negotiate. Mayor Eggert moved, seconded by Councilmember Hard, that the shared lighting/ parking plan be approved as presented, and Engineer Schunicht was directed to draft a letter to Mr. Kristal and Mr. Hunt advising that the plans have been approved, and that cost negotiation is up to the owners. Motion carried unanimously. Council reviewed the proposed development agreement with 1666 Coffman 1666 and requested several changes/corrections. Mayor Eggert then moved, COFFMAN seconded by Councilmember Hard, that the meeting be extended until the DEVELOPMENT development agreement discussion is completed, and items 5(p) and 5(q) AGREEMENT have been addressed. Motion carried unanimously. MEETING EXTENDED Council resumed the discussion of the development agreement after which the City Attorney was directed to research suggested changes, make necessary DEVELOPMENT corrections, and provide Council with the redraft for the May 8, 1985 AGREEMENT meeting. FOR 5/12 AGENDA Councilmember Baldwin commented on the advertising flyer distributed by Roc-A-Fellas Arcade and asked if that sort of advertising might be prohibited in the liquor ordinance. Attorney Van de North was of the ATTORNEY TO opinion that it might be considered a restraint of business speech, and DRAFT recommended that the owner of the establishment be made aware of the fact LETTER TO that Council is not pleased with the advertising material. Council ROC-A-FELLAS then authorized the City Attorney to draft a letter to Roc-A-Fellas RE: expressing Council's concerns, such letter to be reviewed by Council at ADVERTISING the May 8th meeting. FLYER 54 MINUTES SPECIAL CITY COUNCIL MEETING MAY 1, 1985 PAGE 5 Mayor Eggert moved, seconded by Councilmember Ciernia, that the Clerk SHADE TREE Administrator be authorized to expend $3,500 for shade trees. Motion PURCHASE carried unanimously. AUTHORIZED Mayor Eggert moved, seconded by Councilmember Ciernia, that the meeting ADJOURNMENT be adjourned at 10:55 P.M. Motion carried unanimously. c''~ Ronald C. Eggert, .D. Mayor ATTEST: Dewan B. Barnes, Clerk Administrator Special City Council Meeting of May 1, 1985 ~1