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HomeMy WebLinkAboutCCMin_85Jun19_SpecialMINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 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 Hard, Ciernia, Chenoweth and Baldwin. Also PRESENT present were Clerk Administrator Barnes, Attorney Van de North, and Engineer Schunicht. None. ABSENT Mayor Eggert moved, seconded by Councilmember Baldwin, that the Consent CONSENT Agenda be approved with one addition, Planning Commission Minutes of June AGENDA 17, 1985. Motion carried unanimously. APPROVED 1. .Lido Liquor License and Sunday Liquor License 2. Payroll 6/1/85 - 6/15/85 $8,413.68 3. Statement for Legal Services through May, 1985 4. Statement for Planning Services for May, 1985 5. Planning Commission Minutes of June 17, 1985. Mayor Eggert moved, seconded by Councilmember Hard, that the following ADDENDUM item be added to the agenda: Proposed Falcon Heights Office Park TO AGENDA Development. Motion carried unanimously. Clerk Administrator Barnes presented the proposed easement agreement with EASEMENT Northwestern Bell Telephone for construction of a utility building near AGREEMENT the Idaho/Snelling Playground and explained that the company has agreed WITH NW to a payment of $5,000 for the easement. Following a short discussion, BELL FOR Councilmember Hard moved, seconded by Councilmember Ciernia, that UTILITY Resolution R-85-30 be adopted, and that the revenue from the transaction BUILDING be placed in the Park Capital Improvement Fund. Motion carried unanimously. APPROVED RESOLUTION R-85-30 RESOLUTION R-85-30 A RESOLUTION AUTHORIZING THE MAYOR AND CLERK ADMINISTRATOR TO SIGN AN EASEMENT AGREEMENT WITH NORTHWESTERN BELL COMPANY FOR CONSTRUCTION OF A TELEPHONE EQUIPMENT CABINET Mayor Eggert commented on the proposed Falcon Heights Office Park and F.H. OFFICE the fact that the developers might be interested in obtaining some of PARK the City property near Larpenteur Avenue. He felt that it might be possible DISCUSSED to trade some of the land along Larpenteur for property north of the Moder property in the event there is ever a need for expanding City Hall. Council indicated no strong feelings on the matter other than the desire to keep as much green space as possible. Mayor Eggert will mention the idea to the developer. At 7:15 P.M. Mayor Eggert opened the continuation of the public hearing on the PUBLIC conditional use request from the Lido Cafe. HEARING ON LIDO CAFE John Labalestra reviewed the proposed parking plan and stressed that the CONDITIONAL plan would work only if certain problems are solved, i.e. favorable USE negotiations with Hermes for use of the private alley (meeting scheduled for June 25th) and a reasonable agreement with the owner of Buck's property JOHN LABALESTRA MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 2 for purchase of west portion of St. Mary's St., if vacated (negotiations are being continued). Mr. Labalestra indicated that if an agreement is not reached to purchase the Buck's property and the Croft property cannot be used in its entirety for parking, the Lido will be forced to move. He asked that Council express an opinion as to whether or not the use of all of the Croft is a dead issue. Jim Bycowski, 1745 St. Mary's, asked how many employees will be working the various shifts including during banquets, to which Mr. Labalestra replied the largest number at any one shift would be 26. Mr. Bycowski felt this would reduce the parking spaces available for customers and would cause a problem. He also questioned the City Planner regarding the truck loading dock at Buck's as shown on the present plan. Mr. Uban explained that he felt there would be no problem as Buck's have infrequent deliveries. Mr. Labalestra stated that their parking ratio will be the same as at the present and all parking will be self-contained. Mr. Bycowski inquired about deli parking and Mr. Uban explained that most deli business is generated by persons dining at the restaurant or items are picked up at off peak hours. Mr. Bycowski expressed great concern that there is not adequate parking. Mr. Uban stressed that the plan is the result of a compromise to keep the neighborhood intact while allowing a business to grow. Mr. Bycowski inquired how items such as the cul-de-sac on St. Mary's, possible sewer modification to alleviate run-off problems, removal of the median on Larpenteur, fire hydrant installation, etc. would be financed. Engineer Schunicht stated that the cul-de-sac would not alter the present drainage, a hydrant would be needed and the cost of that item is approximately $1,500. Mayor Eggert explained that some of the items could be assessed or it could be an appropriate use of tax increment funds. 7 ~. JIM BYCOWSKI 1745 ST; MARY' S Walter McCoy, 1746 St. Mary's, stressed that the neighbors on St. Mary's WALTER MC were 1007 opposed to removal of the house. He also stressed that it had COY, 1746 been implied that a majority of the residents want a cul-de-sac which ST. MARY'S is not true, and that he disagreed with statements made at previous meetings that the corner is deteriorating, the general appearance is good, and the property is well cared for. Barb McCoy, 1746 St. Mary's, expressed her opposition to the cul-de-sac, concern that storm water drainage would be impaired as during a recent storm rivers 3 feet wide were running down St. Mary's. Mrs. McCoy asked why Council is pushing for Scheme E when it was previously stated that Scheme E was unworkable. Mayor Eggert explained that this plan is not the same as the original Scheme E, the plan has been modified. Ted Meyer, 1710 St. Mary's, stated he was in favor of the current plan and wanted the following items addressed in the conditional use if granted: (1) adequate screening and landscaping on Croft property, (2) assurance that there will be continued access to the Lido parking lot, (3) assurance that the area will be maintained, and (4) that parking be prohibited on any area of the Croft property other than BARB MC COY, 1746 ST. MARY'S TED MEYER, 1710 ST. MARY' S MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 3 shown on the plan. Mr. Meyer explained that he and the Labalestras are planning to negotiate a private covenant which would assure that the balance of the Croft property will not be used for parking, and he would like to see that become a part of the conditional use. Mr. Labalestra stated he had no problem with this if the plan comes together and is functional. Attorney Van de North explained that if this is made a part of the conditional use it might not be enforceable as this Council cannot bind a future Council. Mr. Meyer said he would be very distressed if parking is allowed on the entire Croft property. Gary Kwong, 1700 Fry, asked if additional sewer work is done would it be a part of the conditional use. Mayor Eggert explained the procedures to be followed if the Engineer should determine additional storm drainage is needed, and would not be a part of the conditional use. Fred Kueppers, Jr., Attorney for Mr. and Mrs. Norbert Hermes, stated that he had not seen the present plan until this evening and questioned some of the parking arrangements and the effect on trucks existing from the Hermes Shopping Center. John Uban explained the parking plan and assured there would be ample space for trucks to negotiate the area. Mr. Kueppers affirmed that Mr. and Mrs. Hermes have indicated a willingness to discuss alley sharing with the Labalestras and that a meeting has been scheduled for June 25th. Dennis Smith, 1725 St. Mary's, stated he approved of the general concept, that the primary concern in the neighborhood was removal of the house. He felt the plan has disadvantages but it is a substantial improvement. Steve Reiter, 1746 Fry, stated he did not endorse or like the plan, and that there is no way to place a restaurant of this size on that site, it does not work, and Council should vote "no". He then inquired if there was any plan to vote on the vacation of St. Mary's at this meeting, and Mayor Eggert explained that vacation would require a separate hearing. Mr. Reiter felt that if the conditional use is granted the issue of vacation is rubber stamped, that the issues should be heard together, and asked that the matter of the conditional use be deferred until the vacation hearing. He was disturbed that he had been led to believe that no decision would be made on the vacation, and he had relayed that information to others in his neighborhood. Mayor Eggert explained that vacation was discussed at the beginning of the hearing on May 22nd, and that the items cannot be handled at one hearing, Council must follow the legal requirements. Mr. Reiter then asked if there will be a development agreement with the Lido for tax increment financing, to which Mayor Eggert replied that the Lido has not applied for tax increment financing. ryc i TED MEYER (CONTINUED) GARY KWONG, 1700 FRY FRED KEUPPERS, J~ ATTORNEY FOR AND MR. AND MRS. NORBERT HERMES DENNIS SMITH, 1725 ST. MARY S STEVE REITER, 1746 FRY Attorney Van de North said his legal reaction to the matter was that ATTORNEY Council has to make a decision, they have the facts to make that decision, VAN DE and the conditional use could be granted subject to certain future events NORTH happening such as vacation of St. Mary's and acquisition of westerly portion of the street, and acquisition of appropriate access to the Croft parking lot. MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 4 Jim Bycowski, 1745 St. Mary's, asked if Council proceeds, closes the hearing, and Hermes and Labalestras do not reach an agreement, would the conditional use be invalid. Mayor Eggert explained that if private agreements cannot be reached and Council is willing, land could be condemned to make the plan work. Randy Gustafson, 1775 St. Mary's, asked if conditions attached to the conditional use will apply to this plan only, and who will monitor the conditions. Mayor Eggert replied that the Clerk Administrator will monitor the conditional use. Mr. Gustafson stated he felt this was a good plan and hoped it would work. Councilmember Ciernia stated he would prefer that St. Mary's be used for access to the south, not just an emergency access. Engineer Schunicht recommended southerly access but that the option be kept open to close the street if problems arise. John Uban felt the cul-de-sac should be in place in the event the street should need to be closed at some future date. Engineer Schunicht stated that the curb at the cul-de-sac should not be installed as that will be used as a drainage route for storm water. He also explained that it is not unusual to see water extending from the gutter to the middle of the street when drainage is designed for a five year storm as is the case on St. Mary's street. Councilmember Chenoweth asked Mr. Labalestra how close they are to giving up on the project and going elsewhere. Mr. Labalestra explained that they are negotiating with Roseville and the site under discussion would cost under $60,000. If the project in Falcon Heights reaches the cost of a new facility, they will have to leave. Mayor Eggert stated that Council hoped to retain a good business in the City, and when possible should encourage good businesses to stay. There being no others wishing to be heard, Mayor Eggert closed the public hearing at 9:02 P.M. Council discussed possible conditions which might be attached to the conditional use if granted as follows: adequate screening/landscaping of cul-de-sac and Croft property, maintenance of adequate emergency access, maintenance and repair of property, development of private covenant, restrict parking to area shown on current plan, acquisition of access to Croft property, acquisition of west side of St. Mary's after vacation, and building seating capacity by limiting it to 275 plus 24 outside seats during the summer. Attorney Van de North did not feel it would be appropriate to limit the size of the building. A lengthy discussion ensued regarding whether or not it was appropriate to include a private covenant between Ted Meyers and the Labalestras in the conditions as Mr. Meyers requested. Mr. Labalestra stated they would be willing to sign the covenant only if everything comes together, but would not commit themselves at this time. Attorney Van de North was of the opinion that private covenants should not be a condition on the conditional use permit, it would be 7~ JIM BYCOWSKI, 1745 ST. MARY'S RANDY GUSTAFSON, 1775 ST. MARY'S HEARING CLOSED DISCUSSION MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 5 objectionable from the City's standpoint, it would take the City Council out of public domain and into private domain. Council must serve the whole community. Attorney Van de North did not feel it would be an appropriate use of the property (terms of which are unknown), it places too much burden on the developer, is unreasonable leverage. Following the discussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that the City Attorney be authorized to prepare a resolution granting the conditional use with the following conditions: (1) adequate screening/landscaping/lighting, (2) parking restricted to that shown on the June 13, 1985 plan prepared by the City Planner, (3) acquisition of the proper access to Croft property parking and the west side of vacated portion of St. Mary's, either by private negotiations or condemnation, (4) adequate maintenance and repair of the private parking lot, (5) adequate public access, and (6) the project is to commence within one year. Motion carried unanimously. Councilmember Hard moved, seconded by Councilmember Ciernia, that a PUBLIC public hearing on the vacation of a portion of St. Mary's St. be HEARING ON scheduled for July 24, 1985 at 7:30 P.M. and that the Clerk Administrator VACATION OF be authorized to publish the notice. Motion carried unanimously. ST. MARY'S SCHEDULED Attorney Van de North presented the latest draft of the proposed FOR 7/24/85 liquor ordinance and reviewed the requested changes. John Labalestra requested that the banquet area be excluded from the 45/557 food/ LIQUOR ordinance. Motion carried unanimously. ORDINANCE Following a discussion it was decided to exclude banquet facilities from the liquor ratio and that "banquet room" be added under Subdivision 2 - Definition of Terms, such definition to read "a separate designated room which is customarily used for banquets and parties". Attorney Van de North explained that existing State law does not allow issuance of an off-sale wine license and referred to his memorandum of June 19, 1985. He felt the only way the Lido could be granted a license to sell wine and cordials in the deli would be to issue an off-sale intoxicating liquor license. Councilmember Baldwin strongly opposed issuing dual licenses. Mayor Eggert moved, seconded by Councilmember Baldwin, that the meeting MEETING be extended three minutes to continue the discussion. Motion carried EXTENDED unanimously. After resuming the liquor discussion, Council concurred that the ordinance should be adopted as is and any necessary changes could be discussed at a later date. Councilmember Ciernia move, seconded by Councilmember Chenoweth, that Ordinance No. 0-85-10 be adopted. Motion carried unanimously. ORDINANCE N0. 0-85-10 ORDINANCE 0-85-10 AN ORDINANCE ADOPTING A LIQUOR CONTROL ORDINANCE WITHIN THE CITY OF FALCON HEIGHTS MINUTES SPECIAL CITY COUNCIL MEETING JUNE 19, 1985 PAGE 6 ~~ Councilmember Chenoweth moved, seconded by Councilmember Ciernia, ADJOURNMENT that the meeting be adjourned at 10:43 P.M. Motion carried unanimously. Ronal C. Eggert, M ., Mayor ATTEST: Dewan B. Barnes, Clerk Administrator Special City Council Meeting of June 19, 1985