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HomeMy WebLinkAboutCCMin_82Mar10_Min/Public_HearingMINUTES REGULAR CITY COUNCIL MEETING/PUBLIC HEARING MARCH 10, 1982 A regular meeting/public hearing of the Falcon Heights City Council was called to order at 7:00 p.m. by Mayor Warkentien. Mayor Warkentien, Councilmembers Eggert, Larson, Ciernia and Chestovich. PRESENT Also present were Clerk Administrator Barnes, Attorney Swanson, Engineer Schunicht, Planner Dale and Fiscal Consultant Chenoweth. None. Engineer Lemberg arrived later. Mayor Warkentien opened the public hear~g at 7:00 p.m. and presented the Affidavit of Publication, Affidavit of Posting and the Certificate of Mailing. He then turned the floor-over to Harold Westin of Haro]:d J. Westin and Associates. Mr. Westin gave a summary of issues over the past six months and stated that the process of design has followed the statutes for PUD, with in- put from the neighbors along each step of the way. He addressed such subjects as traffic, storm water control, utilities and density and. felt that all of the items now comply with the PUD ord~.nance and con- ditions stipulated by the Planning Commission. He stressed the fact that the Planning Commission, by a vote of ( to 2, recommended that Council approve the rezoning to PUD. Larry Stowe, 1954 Autumn, representing the Tatum/Falcon Woods Task Force, explained that the group has been constantly in opposition to the proposed development for reasons that still remain. He expressed concern over the last minute change of plans over the past few months, high ~density_ of the development and traffic problems. The Task Force feels..the pr9po,~ed plan is a poor one and no;t commensurate with the __. the quality of the City of Falcon Heights, is not in harmony, and does not do justice to the community. He then presented to Council a petition requesting rejection of the plan. Mr. Stowe provided Council with a resume for each of the professional experts appearing on the behalf of the Task Force. He then introduced Planner Orlyn Miller of 'the firm of Wehrman Associates Planning Consult- ants. ABSENT HAROLD WESTIN OF HAROLD J. WESTIN & ASSOC ARCHITECTS & ENGINEERS FOR AMERICAN SHELTER LARRY STOWE 1954 AUTUMN Mr. Miller explained that he agrees with the PUD concept, however he felt ORLYN MILLER the Falcon Heights PUD Ordinance is extraordinarily liberal and that a WEHRMAN ASSOC. PUD Ordinance should establish guidelinesin determining density. He was of the opinion that the plan did not generate enough usable open space, there should be more recreational area and preserve some of the natural areas. Mr. Miller presented to Council a comparative analysis of PUD ordinances in various communities in the metropolitan area and stated that the Falcon Heights ordinance is very liberal in comparison. He informed that limit- ing density is established by zoning, a system that allows density increases tied to amenities and the PUD should provide very strict controls on any use or density. These bonuses should not be given on design standards that are expected from any developer, that is proper architecture, proper drainage, adequate landscaping, open space, or efficient circulation, those items, in Mr. Miller's opinion, should not be considered bargaining items in the density bonus game. In nearly all cases, Mr. Miller felt, that the relationship to adjacent development is a major factor in REGULAR CITY COUNCIL MEETING/PUBLIC HEARING MARCH 10, 1982 PAGE 2 addressing design quality. If use flexibility and density bonuses are to be considered then the PUD Ordinance or some other policy document should establish guidelines for granting increases as it becomes somewhat arbi- trary and subject to challenge. He stated that the Falcon Heights PUD allows approval of densities above those which are allowed in the exist- ing district but contains no criteria or guidelines for determining what the logical density should be which, he felt, places undue responsibility on the Planning Commission and Council. Mr. Miller then commented on the proposed development plans regarding lack of method to preserve any exist- ing features, no park space, no common private recreation area, and does not protect adjoining properties. He stressed the lack of open space, as any open space is fragmented, and there is not space available for even one tennis court. - MILLER (cont.) Larry Stowe introduced John Sirney of Zuber Architects, representing JOHN SIRNEY the Tatum/Falcon Woods Task Force who stated that an ordinance is establi- ZUBER shed to provide for orderly development of property with respect for ARCHITECTS existing R-1 property.. Mr. Sirney commented on such matters as neighbor- hood: computability, lack of adequate buffering on the east, very little open space, solar access both on Tatum and within the development, and traffic, all of which are problems related to the high density of the project. He was particularly concerned over the lack of open space and possible impact on the city park and was of the opinion that 3 tennis courts would be the recommended number for such .a.developtgerit and there is no available space. Larry Stowe then introduced Attorney James :Steilen with the firm of Popham, Haik, Schnobrich, Kaufman and Doty, Ltd. Mr. Steilen alluded to his letter of I~iarch 10, 1982 to the Falcon Heights City Council in which he stated the opposition of the Task Force. He sited some of the reasons for objecting as traffic, density, lack of recreation, drainage, buffering, and finances of the developer. He informed Council that if they choose to reject the proposed development and rezoning, the courts will not undo whatever is done unless Council is totally irrational and cited court cases to prove his position. Attorney Steilen,requested that Council not be stampeded into development and that the proposed rezoning be rejected. JAMES STEILEN POPAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY Engineer Schunicht explained that the sanitary sewer and water systems ENGINEER in the area had been reviewed and that both are ample to accomodate SCHUNICHT the proposed development plus the existing R-3 property if upgradlecl to a higher density. He also indicated that the proposed plan provides adequate storm water control. Mayor Warkentien informed that in discussing the development the subject of tax increment financing came up and requested that City Attorney Swanson and Fiscal Consultant Chenoweth address the subject. City Attorney Swanson explained that by State law .a Council can create a development district within any areas in the City and the area under developmewtis a possibility for a development district for which a tax increment plan can be adopted. The tax increment concept involves the freezing of the tax level of property within the district and as the market value increases by reason of property improvements and in- ~lationary increases, the increased taxes derived from the change in MAYOR WARKENTIEN- TAX INCREMENT F INANC I1VG ATTORNEY SWANSON REGULARCITY COUNCIL MEETING/PUBLIC HEARING MARCH 10, 1982 PAGE 3 ~~ value is set aside for public improvements. It has been suggested, ATTORNEY in respect to this PUD, that it might be possible that the area be SWANSON (cont~: designated as a tax increment district, in which case, the City could finance streets and utilities with the increased taxes derived from the improvements. Attorney Swanson suggested that Council might wish to explore the matter further. Mayor Warkentien commented on the fact that tax increment financing might be a way to finally get a connection to the St. Anthony Storm Sewer which the City has been unable to finance in the past. Fiscal Consultant Chenoweth stated that realizing the market value of the proposed project and working with the assessed value and growth of that area, it was estimated that there would be approximately $$15,000.00 of taxes developed. The City, County and School District taxes would be applied against the captured value in the tax increment district. Relating that to current money of 12% over 8 years, which Mr. Chenoweth felt was quite high, but using the maximum and being very conservative, this would actually finance about $4,000,000.00 of bonds for this type of improvement. He suggested that the new City Hall could be included in the district and provide for some street and storm sewer construction. The matter had been checked thoroughly with Briggs and Morgan and they advised it is possible to use the money for storm sewer construction outside the district (for connection to the St. Anthony Storm Sewer). • He assured the people that property owners in the district or outside the district would still pay the same taxes, the difference being that the captured value of the new area is put into a special fund to pay back the bonds. He explained that this can only go over a 10 year period with 8 increments and at that time the new value of the area would be distributed to the City, County and School District. Mayor Warkentien explained that the use of the tax increment financing would necessitate a public hearing as not only would the City of Falcon Heights forego for 10 years or 8 increments receiving taxes on the im- provements, but also, the School District and the County would be in- volved. Clerk-Administrator Barnes inquired as to whether or not the funds could be invested to generate more revenue into the special account, and was assured that the funds can be invested. Mayor Warkentien also informed that in conjunction with the Comprehensive Plan (mandated by Metropolitan Council) it was highly recommended that the City solve the Falcon Heights drainage problem through a joint effort with the City of St. Paul, University of Minnesota, State Fairgrounds and Falcon Heights. This is a step in that direction and is one that the City might otherwise never be able to afford. MAYOR WARKENTIEN FISCAL CON- SULTANT CHENOWETH MAYOR WARKENTIEN Larry Stowe informed that several members of the Task Force desired to LARRY STOWE be heard to express their opinions. Mr. Stowe then commented on the storm sewer discussion, agreed it was a fine thing to hope for, but that it is no where near a reality at this time, and that the proposed plan should not be approved on the basis that something that is in the future. Richard Gay, 1930 Summer presented to Council computations he had done RICHARD GAY on possible taxes to be derived from the proposed project. He explained 1930 SUMMER REGULAR CITY COUNCIL MEETING/PUBLIC HEARING MARCH 10, 1982 PAGE 4 that he has entered into an agreement with the City of Columbia Heights in a redevelopment district with tax increment financing and made the following statements: (1) It was necessary to post a $1,000,000.00 performance bond to enter into the agreement, (2) tax increment financing is usually used to develop undesirable properties which on its own would not normally increase in growth, and (3) that rather than the City fore- going the taxes on the area the problem of utilities and streets be solved by a higher and better use for the property. Mr. Gay then stated that Clerk Administrator Barnes had indicated the development would generate $764,262.78 in additional tax revenue and Mr. Chenoweth is talking of $800,000 plus taorth:of taxes Mr. Gay challenged the basis of the projections and explained the basis for his own project- ions, as indicated in the computation presented to Council. He commented on the Hewlett-Packard development and suggested that the City continue with that type of development. L Gus Hard, 1937 Autumn, addressed the trend of the decade, the increase in the percentage of older citizens. He stated that on Autumn 55% of the residents are 55 or older and made the following observations: (1) older persons have reduced mobility, unable to afford automobile, making walking in the neighborhood necessary and questioned where on the development site there would be area for interaction, (2) the trend has gone from the work to leisure ethic, where will the leisure time be spent,. and (3) the development should be ecologically orientated,~not the sweeping aside of a beautiful, heavily treed site. Mr. Hard stated that the statement that everything on the site will be sold is not true. He then commented on the wildlife in the area and that fact that there is very little open space provided in the plan. He also felt that the ponding areas would be attractive to children and would be difficult to maintain. ~~ RICHARD GAY (cont.) GUS HARD 1937 AUTUMN Florian Lauet-,1736 Tatum, stated he felt the proposed plan is a very FLORIAN LAUER bad one which is at the expense of single family homeowners. He was 1736 TATUM of the opinion that R-1 housing would provide more money in the long run than a poorly planned, high density development and stated he had never seen a community go wrong with single family dwellings. Walter Northrup, 1942 Summer, made the following observations: (1) WALTER Mr. Westin must question what do the people want, (2) the developer NORTHRUP constantly changed plans, (3) the solidarity of the citizens in the 1942 SUMMER Task Force demanding a right to the kind of development like the one in the area in which they live, and (4) the group is only look- ing for the rights they would get if they lived in any other community. Ray Garcia, 1906 Prior, stated his concerns in that when the residents RAY GARCIA in his area moved in 26 years ago they moved in with the assurance that 1906 PRIOR the land to the south would be developed R-1. He told of his neighbor- hood being a concerned, cooperative, high quality neighborhood which is now having a plan thrust upon it which would dramatically change the area. He requested that the neighborhood be keptas it is. Frank Irving, 1745 Tatum, questioned whether or not an 18" fence FRANK TRVING could keep children out of the ponding areas. He also expressed fear 1745 TATUM that the development might go into receivership creating the possibility REGULAR CITY COUNCIL MEETING/PUBLIC HEARING MARCH 10, 1982 PAGE 5 of even higher density. Hestressed that Council should realize before FRANK IRVING approving a conceptual plan that concept plans have ways of slipping. (cont.) Harold Nilsen, 1794 Tatum, a member of the Planning Commission, but HAROLD NILSEN speaking as a private citizen explained that he has always been deeply 1794 TATUM concerned with city affairs and with his background and knowledge of the community would be derelict in his responsibility if he did not speak up on the storm water so everyone could be fully informed. He explained' that storm water surface drainage historical data had been distributed to all parties and gave his comments on self-contained ponding and how it can be accomplished. Mr. Nilsen commented on the problems caused in the middle Tatum area due to run-off water from Falcon Woods and the Hawkins/Hermes property and felt the ponding to be provided on the site of the proposed development would be of assistance in alleviating that problem. He also was of the opinion that it would make it possible to reduce the "no build" area at the end of Lindig Street between Tatum and Fairview and enable some additional development there. Mr. Nilsen stated that as a Planning Commission member he had fought hard to maintain the integrity of Falcon Woods and Tatum and that as a:resident of the middle Tatum area he believed that the amenities that would be afforded by the ponding of water on the development site was a right of those residents. Jim Colton, 1760 Tatum, stated he resides in the middle Tatum area JIM COLTON and is getting tired of hauling mud out of his basement and has spent 1760 TATUM a lot of money landscaping his yard in an attempt to ~o~ve the pr-oblem. ' However, Mr. Colton said he would rather have flooding than. a high density developmentacross the street from his home. Mr. Colton questioned the idea of tax increment financing as none of the taxes to be paid by property owners in the development would go to the City for 10 years. He inquired as to who would pay for policing, fire protection and street upkeep. Fiscal Consultant Chenoweth responded to Mr. Gay's comments by stating that if his numbers were used for the total tax the City would have a bond issue of approximately $1,450,00.00 that could be funded and that the numbers Mr. Chenoweth had used were based on numbers provided by Clerk Administrator Barnes and the current mill rate. If the mill rate increases, which is possible, the total would be more than indicated. Mr. Chenoweth then responded to Mr. Colton's comments regarding costs of policing, etc. He explained that when tax increment is taken on there are 8 years that no funds would be received for that development. There would still be taxes from the base land and it is a decision Council must make. He stated that the tax increment concept does have rewarding elements and whenever there are rewards something is given in return. Harold Westin commented that not a thing mentioned by any person has gone unanswered and that this is not Arden Hills or North Oaks, it is a different situation and that it would be in an area which is the site of City Hall, the Fire Station and 2 apartment buildings. He felt it would be a great bonus to the community. Mr. Westin indicated that he had offered to meet with the neighborhood residents but was not invited to attend the meeting. FISCAL CONSULTANT CHENOWETH HAROLD WESTIN REGULAR CITY COUNCIL MEETING~PU}3LIC HEARING „~ MARCH 10, 1982 PAGE 6 Myles Aikin, 18l~9 Tatum, stated he took offense at the mistatements MYLES AI KIN made by Mr. Westin when he said no one invited him to the meetings, 1819 TATUM when in fact, Mr. Westin did attend a meeting at the Aikin home which was attended by 20 neighbors. Mr. Westin replied that he regretted he had failed to mention that meeting; however, he had offered to attend any of the many meetings held but was not asked to attend. Mark Ascerno, 1871 Tatum, stated he wished to refresh Mr. Westin's MARK ASCERNO memory, as not only was the meeting held, but there were also a 1871 TATUM number of items that were listed as points that were of a tremendous concern to Falcon Woods/Tatum residents, road access, water and density. Mr. Ascerno did not feel that there has been a give and take process as American Shelter has resisted compromise at every turn. He was of the opinion that compromise will be less likely in the future if the plan is approved and he urged Council to reject the proposal. Mr. Westin replied that the matter of water, access and density were HAROLD WESTIN discussed and noted that the matter of water was answered, the question of access was resolved, and the density has been reduced and he felt the developer had been responsive to the residents. Richard Elm, 1765 Tatum, did not believe that the water problem had RICHARD ELM been solved as he felt his three small children and other children 1765 TATUM in the neighborhood will play in the water holes after each rain, and there must be an alternative plan. He strongly urged Council•to reject the plan. Thomas Goodman, Attorney for American Shelter Corporation requested THOMAS GOODM®i Council's indulgence to listen to his remarks on comments already ATTORNEY FOR made during the evening and on some items within his area of expertise AMERICAN which includes making a living off suing city hall a lot of the time. SHELTER He said he did not mean to threaten the city math that, but, do have a peculiar perspective on what a city can or cannot do and they certainly can do this plan. He then stated that the city has spent a great deal of money on professional consultants, both engineers and planners, who have reviewed the plan, had a great deal of input into the negotiating, which the ordinance contemplates, and together with the Planning Commission have approved the plan with the modifications suggested. He reminded those in attendance that Planner Carl Dale has prepared a permit, conditions of wYiich runs with the land, and governs all sorts of things. In answer to concerns regarding maintenance, he stated that the property will not be maintained by single families, but by an association which would assure maintenance of a high grade. Mr. Goodman commented on the plan changes and the fact that changes were designed t o improve with the process, that is the reason for a Planning Commission. He assured that this. preliminary plan, if approved, could not be changed without Council permission. Mr. Goodman said he felt that the objections to the plan, basically, revolves around the density issue aid explained that a certain density is necessary for logical reasons such as anaf'fordable cost to prospective purchasers. He also commented on park land dedication or cash in lieu of land, as that cost would be added on to the cost of the homes. In reply to r/Ir. Steilen°s statement regarding the outcome of court cases in which cities have refused rezoning, Mr. Goodman stated that it is an easy to attach as to defend. REGULAR CITY COUNCIL MrETING~PUt~LIC P~;ARING MARCH 10, 1982 PAGE 7 Mayor Warkentien commented on the fact that the people at the hearing had been pleasant in spite of a difficult evening except for Mr. Goodman who, he felt, was completely out of line to threaten to sue the City. Terry Brennan, President of American Shelter Corporation apologized for Mr. Goodman's comments and informed he had no intent to deprive anyone on Tatt~n or in Falcon Woods, but that he simply wanted to use the land fora plan that is legal, where homes can be built and sold to people who need them. He also stated he did not intend to sue the City ar to go into receivership, but that he understood the zeal of people when overwhelmed by changes. Mr. Brennan explained that he had asked competent people to draw up the plans to fit the land, has spent much money on the project and could not cut up the lots and sell for single family homes as it is not economically feasible due to land costs today. His intent is to build buildings which would be very appealing and affordable . He inf ormed that the project just completed by American Shelter, was. financed by Union Pension Funds, the financers~rere pleased and are going to go in on this project. Mr. Brennan stressed that the plan was a result of input from the Tatum Falcon Woods residents and the Planning Commission, and that he would be willing to go with townhouses along Tatum (as opposed to the proposed condominium) even though it w ould be expensive. The buildings would be equally as nice as any house on Tatum or the north, ald that American Shelter is only requesting to make use of the land. Carl Dale, Planner f'or Falcon Heights, gave a resume of his experience and the many projects in which rie has been involved. He replied to Mr. Miller's comments on the Falcon Heights PUD by stating that he, himself, had written many PUI) ordinances and that he felt the Falcon Heights Ordinance gave the developer flexibility while allowing the City to maintain complete control over construction and maintenance. He also stressed the fact that any changes made in the plan were made due to suggestions made by himself, residents and the other professionals. Mr. Dale stated he felt the proposed project had a good density, would guarantee quality homes, solve flooding problems, traffic problems have been resolved and the City Comprehensive Plan calls for the area to be PUD. He also mentioned the fact that the development was needed to assure the City's population staying above 5,000 as it was possible that within ten years the population would go under 5,000, thus making the City ineligible for State Aid Funds, which would cause a tax increase for the entire community. Mr. Dale stated that his studies over the ~~ag~e ~.8 years show such de- velopments do not lower values o.f' adjoining properties unless there are unsightly things such as glaring lights on parking lots, and recommended that the plan and rezoning be approved under the conditions and terms set forth. Mark Ascerno, 1871 'Tatum, refuted ~u1r. Dale's comments regarding t he decline in population. He stated he had talked to Dorothy Oatman and Mike Munson of Pdetro Council, which prepares those figures, a nd they consider Falcon Heights a stable community, a community which can in- crease or decrease by 100 in a ten year span which puts the population of Falcon Heights in the next ten years at roughly 5,200 as opposed to ~~ MAYOR 1NARKENTIEN TERRY BRENNAN AMERICAN SHELTER CARL DALE PLANNER MARK ASCERNO 1871 TATUM REGULAR CITY COUNCIL r~~ETING/PUt3LIC H~~ARING MARCH 10, 1982 PAGE 8 Mr. Dale's below 5,000 figure. Mr. Ascerno stated that other figures have accumulated which strongly suggest, and these very people agree, that it is very likely that Falcon Heights is at the bottom of the population decrease and is apt to see a population increase in the future. Councilmember Larson, Council Liaison to the Planning Commission COUNCIL- responded to some of the comments made during the evening as follows: b~ER (1) Access to Cleveland Avenue: C.~uoted from a letter dated January CARSON !~, 1982, from Clinton Hewitt, Assistant Vice President of Physical Planning, University of Minnesota, indicating that the Planning Staff has reviewed the plans and the request for right-of way across University property for roadway purposes and that they generally believe the proposed uses would be compatible with Campus activities, however, citing their concerns regarding traffic and the concentration of residential units near important agricultural land. Mr. Hewitt requested a meeting to discuss the concerns to expedite a f anal decision. She expressed concern that it would be necessary to expend a great deal of money (both residents and the City) for widening of Cleveland to provide ample space ,for fire trucks to have access, and possibly a semaphore at Roselawn and Cleveland. (2) Larpenteur and Fairview: Informed that word has been received by the City that, at some time in the future when funds are available, the County will place a semaphore at Fairview and Larpenteur. (3) Danger to Children by Ponding Areas: Gave a personal comment regarding children being attracted to the ponds, stated that she had raised two children on a busy street a nd she watched her children to see that they did not cross the street or fall into lakes. She felt that the residents did not mean to come across as meaning to let their children run free and that it was the City's responsibility to keep the childrerif'rom falling into the ponds, and that it is the parents' responsibility to protect their children, not the City. Councilmember Larson also stated that Council, in making this con- sideration, must look at the time and the effort that the Planning Corrunission Members have spent in order to come up with a plan beneficial.. to the City. She then commented on Al Stefanson's statement that when he was sworn in to the Planning Commission he would try to be fair and impartial at all times and to keep a clear and open mind, and he many times reminded the Planning Commission to do the same. Councilmember Larson stated that the Planning Commission had worked with the residents and Mr. V~~estin for months before any approval was given. She assured the residents that she understood their feelings about having a change in the area as it is difficult to have changes in neighborhoods. Mayor V1'arkentien closed the Public Hearing at 10:19 and thanked all for PUBLIC their participation. MEETING CLOSED Councilmember Larson moved, seconded by Councilmember Ciernia, that the PUD request be anoroved as was recommended by the Planning Commission COUNCIL- at their March 1, 1982 Public Hearing, which would include that access MEMBER. to Cleveland be resolved with the University of Minnesota Board of Regents, CARSON dedication of right-of-way and construction of improvements, include a schedule of the development for the project including the final plan and REGULAR CITY COUNCIL MF:F,TING~PiJ~tLIC H4ARING MARCH 10, 1982 ~~ PAGE 9 all detailed plans drawn at that time, and that the City determine that cash be received in lieu of land (the stipulations were recommended by Attorney Swanson) and that Plan Drawing P-1B dated 10 March, 1982 as a modified layout of PUD approved as submitted arrd described by Falcon Heights Planning Commission on March 1, 1982. Councilmember Ciernia inquired as to whether or not there v,ould be COUNCIL- provisions for percolation of the ponding water as stipulated in the MEMBER February 25, 1982 Engineer's Report and the depth of the water in the CIERNIA~ ponds. Mr. Westin assured that the system does include a percolation WESTIN system and that the ponds, which will be within a landscaped area, would at times have about two feet of water in them .with three to four feet in some areas. Councilmember Ciernia then questioned the matter of security as the plans call for an 18 inch mesh fence. Iu(r. Westin replied that the mesh will be in dense bushes and is meant to prevent toddlers from going through, as he felt it would be impossible to attempt to keep older. children out. 1 In response to a question from Councilnrember Ciernia, Mr. Westin stated they would make changes in resubmitted plans if Co,;ncil so requests. Councilmember Ciernia then asked if American Shelter intended to be the CIERNIA & developer through the entire project. iuir. Brennan replied that he is BRENNAN the major stockholder, they own the land, they are committed to d lot of people and American Shelter will be totally responsible. He added that they may or may not take in a joint venture with them, but American Shelter will be in control. Mayor VVarkentien asked if they might sell tyre land, let someone else develop it and Mr. 33rennen stated he would not sell the land. Councilmember Ciernia commented on Mr. Dale's list of specifications regarding how the development will be done and responsibilities of the association, details which, he felt, many homeowners would not accept and wanted to know if those specifications were part of the motion. Attorney Swanson informed that it is a part of the motion and suggested that when action is taken on a final plan that Council go through the conditions and determine whether or not they want to add or delete some. Mr. Brennen assured that American Shelter is aware of the conditions and commented on the covenants governinY; his other development, which are more strict t han the one in Carl Dale's permit. WARKENTIEN & BRENNAN CIERNIA, SWANSON & BRENNAN Councilmember Ciernia then inquired as to the average sale price for CIERNIA & the units and Don Swendra, Vice President of American Shelter, responded SWENDRA that the condominium will sell for X90,000 and up, townhouses from X100,000 to $120,000 and single f.'amily homes closer to X200,000. Councilmember Chestovich stated she did not have any argument with the COUNCIL- PUD but her concerns are density, tr•af'fic, water, performance bond, open MEMBER space, recreation, solar, overa]1 land use and she was not comfortable with CHESTOVICH the contemplation of a Cleveland access. She did not think that is good enough and there are, obviously, many unanswered questions. She expressed REGULAR CITY COUNCIL MEETING~PUI3LIC HEARING MARCH 10, 1982 PAGE 10 ~~ concern that if the preliminary plan is approved, Council might not be able to enforce their position because of non-specifics with the ordinance. Councilmember Chestovich felt that a lot of the trouble was from the fact that the situation was new to everyone and that she intended to act for the good of the people and to be responsive to their desires. Councilmember Eggert explained that his concept of zoning is in opposition COUNCIL- to what had been stated during the evening, that he felt zoning is a trust MEMBER which the City holds on behalf of not only the adjacent property owners, EGGERT but the City as a whole, that the trust should not be violated even if the specifics of the zoning are changed, that in a PUD the density should not vary much or at all from the density of the pre-existing zoning, and if it is increased it should increase only as the result of certain amenities that are granted by the developer and because of the way he concieves zoning, he did not feel this PUD would meet his requirements for a change from R-1 to PUD. He stated he is not opposed to PUDs, but is opposed to this particular PUD because of the fact that the density has been increased by a factor of more than two. Councilmember Eggert also conunented on the opinion expressed by the developer that the project would be cxot be affordable at a lesser density. He did not agree with that opinion and felt that if the piece of _and cannot be developed at the price the seller is asking, given the present zoning, then the price of the land is too much. Councilmember Eggert stated that relative to the question of amenities and also other considerations that have been brought up, drainage, traffic, recreation, open space, etc., it was his view that the whole project has gone this far because the Planning Commission really was not using any criteria, specific criteria, on which to base their decisions. He felt that if density is a consideration, then the Planning Commission or the City Council with the advice of the Planning Commission, perhaps, should establish criteria so developers know exactly where they stand before making a proposal that would get to this stage and that the same applies to recreation, open space and drainage. Councilmember Eggert stated he had expressed to many of the residents who were in attendance, that the City does have the opportunity with the PUD to address not only the drainage problem of the 26 acres but also the drainage problems of the whole area and that the concept needs to be explored in detail before any PUD is granted. He stated he, personally, was in favor of a moratorium on any zoning changes in the City until very specific criteria are established by the Planning Commission with input of the citizens and presented to the Council for adoption. This criteria would be to establish when and how certain zoning changes would be allowed. Mayor Warkentien stated he felt Council had enough inf ormation to make MOTION TO a decision and called for the vote. Upon a vote being taken, the follow- APPROVE PUD ing voted in favor thereof: Mayor lNarkentien, Councilmembers Larson and REQUEST Ciernia, and the following voted against the same: Councilmembers Eggert DEFEATED and Chestovich. Motion failed. [1 REGULAR CITY COUNCIL MEETING/PU}3LIC HEARING MkRCH 10, 1982 PAGE 11 Councilmember Ciernia moved, seconded by Councilmember Larson that the CONSENT Consent Agenda be approved as presented. Motion carried unanimously. AGENDA APPROVED 1. Fire Report #F-00532 2. Rescue Reports #R-01282 - #R-01882 3. Lauderdale Fire Report #L-02282 !~. Lauderdale Rescue Report #LR-02282 5. Liquor Payroll 2/16/82 - 2/28/82 ~ 3,077.82 6. General Payroll 2/16/82 - 2/28/82 ?~ 5,11t1t.~t9 7. General Disbursements 2/25/82 - 3/10/82 $ 36,993.42 8. Liquor Disbursements 2/23/82 - 3/8/82 $ 15,211.111 9. General Corporate License #8011 - 2 Amusement Machines at Shakey's Pizza Advance Carter Co. 850 Decatur Avenue North Minneapolis, MN 5527 10. Liquor Store Financial Report, January, 1982 Councilmember Eggert explained that the North Suburban Cable Commission CABLE ~ has requested additional funds from the participat9_ng communities, which COMMISSION amounts will be returned to the cities after the franchise is granted. GRANTED AN Councilmember Eggert moved, seconded by Councilmember Larson, that the ADDITIONAL City make the temporary expenditure of X2,000 as requested. Motion $2,000 carried unanimously. Councilmember Eggert requested that Council and Attorney Swanson review the preliminary draft of the North Suburban Cable Commission Joint Powers Agreement #2 in order that it may be discussed at the March 2I~, 1982 meeting. The Minutes of February 21G, 1982 were deferred to the March 211, 1982 MINUTES meeting. DEFERRED Attorney Swanson informed Council that he had responded to Brian Solem, ATTORNEY Attorney for the Jehovah Vaitness groups, and that he had determined REPLIES TO Ordinance #131, which relates to issuing of permits to non-profit ATTORNEY FOR organizations going door-to-door, is not unconstitutional. JEHOVAH WITNESSES Councilmember Larson informed that she had discussed Senate File 786 with Chief Renchin and that he felt the law did not affect the Falcon Heights Fire Department as their by-laws will not allow them to expend SENATE FILE- more than is in the fund, unless they come directly to Council and re- 786 FIRE quest funds through an ad vat orem tax. Councilmember Eggert said he RELIEF had, also, talked to CYrief Renchin acrd was told that the way the ASSOCIATIONS pension fund is set up the law really does not apply to Falcon Heights. Ne suggested Attorney Swanson check into the matter and give an opinion at the next meeting. Councilmember Chestovich requested that Council consider placing an SPECIAL item on the agenda each meeting providing a period of time for citizen AGENDA ITE~d concerns. Mayor Warkentien stated that citizens have always been heard FOR CITIZEN at meetings and that Council has been attempting to discourage "add ons" CONCERNS DEEMED UNNECESSARY REGULAR CITY COUNCIL nf?'ETING/PUBLIC HEARING MARCH 10, 1982 PAGE 12 to agenda. Councilmember Eggert also felt the present ~~card system" works well. Following the discussion, Mayor Warkentien moved, seconded by Councilmember Larson, that a period of discussion specifically set forth, not be added t o the agenda. Upon a vote being taken, the following voted in favor thereof: Mayor Warkentien, Councilmembers Eggert, Larson and Ciernia, and the following voted against the same: Councilmember Chestovich. Motion carried. Councilmember Chestovich inquired as to whether or not any Councilmember or staff person had been approached by any one, private parties or school districts, concerning the use of the Falcon Heights School property should the school close. Councilmember Chestovich explained that she has had many persons ask her the question and would like to know how to reply. All Councilmembers and staff replied in the negative. ~~ SCHOOL PROPERTY DISCUSSION Councilmember Chestovich moved, seconded by Councilmember Eggert, that a resolution be passed to support the P.T.A. and the Board in their efforts to keep the Falcon Heights School open. Mayor Warkentien stated that he felt his letter to the School Board explaining the City stand on the matter was sufficient. Councilmember Ciernia said he has carefully explained that he is representing himself' and his family, not the City, in the matter. Upon a vote being taken, the following-voted in favor thereof: Councilmembers Chestovich and Eggert, and the following voted against the same: Mayor Ularkentien, Councilmembers Larson and Ciernia. Motion failed. • u fj Councilmember Larson commented on the letter received from Occupational LETTER FROM Health Services dated February 26, 1982 relating to physicals f'or vol- OCCUPATIONAL unteer firemen and indicated that the Fire Department did not agree with HEALTH the letter. SERVICE NOTED A letter dated January 27, 1982 from the Alexander Ramsey PISA regarding sale of alcohol to minors was noted. Clerk Administrator }~arnes reported that the Municipal Liquor Store was robbed of X1,166.61 on March 5, 1982. Councilmember Ciernia moved, seconded by Councilmember Larson, that the meeting be adjourned at 11:35 p.M. Motion carried unanimously. illis C. A. War entien, Mayor ~~' Attest: ~ ~ ,D.~~ ewan B. Barnes, Clerk Administrator PISA LETTER NOTED LI~?UOR STORE ROBBED ADJOURNMENT Regular City Council Meeting/Public Hearing of March 10, 1982