Loading...
HomeMy WebLinkAboutCCMin_83Mar23[', ~J ~~ MINUTES REGULAR CITY COUNCIL MEETING MARCH 23, 1983 A regular meeting of the Falcon Heights City Council was called to order at 7:30 P.M. by Mayor Warkentien. Mayor Warkentien, Councilmembers Chestovich, Eggert, Larson, and Ciernia. PRESENT Also present were Clerk Administrator Barnes, Attorney Van de North, Engineer Schunicht and Fiscal Consultant Chenoweth. None. ABSENT 2 ~- Councilmember Eggert moved, seconded by Councilmember Chestovich, that ADDITIONS the following items be added to the Consent Agenda: (1) Planning Commis- TO CONSENT sion Minutes of March 2l, 1983, and (2) General Contractors License #930, & COUT~ IL and that the following items be added to the Council Agenda: Discussion AGENDAS of Summer Recreation. Motion carried unanimously. APPROVED Councilmember Larson moved, seconded by Councilmember Eggert, that the Consent Agenda with addendums be approved as presented. Motion carried unanimously. CONSENT AGENDA APPROVED 1. Lauderdale Rescue Reports LR-01583 - 01883 2. Falcon Heights Rescue Reports R-01883 - 02093 3. Falcon Heights Fire Reports F-005$3 and 00683 tt. General Payroll 3/1-/83 - 3/x.5/83 $ 6,830.17 5. Liquor Payroll 3/1/83 - 3/15/83 $ 2,831.18 6. General Disbursements 3/10/83 - 3/23/83 $55,318.7 Sinking Fund $ 61.00 7. Liquor Disbursements 3/8/83 - 3/21/83 $1lt,0l~6.10 8. Human Rights Commission Minutes of February 17, 1983 9. Ramsey County Sheriff - s Report for Month of February, 1983 10. Building Inspector's Report, December, 1982 11. Building Inspectorts Report, January and February, 1983 12. Liquor Store Financial Report, February, 1983 13. Planning Commission rlinutes of March 21, 1983 11~. Bi Monthly Financial Report 15. Licenses: General Contractors Saltzman Construction Co. x#929 11205 Raleigh Ave. S. St. Louis Park, MN 55l~26 Councilmember Chestovich moved, seconded by Councilmember Eggert, that the Minutes of March 9, 1983, be approved with the following correction: Page 2, fifth paragraph, line 9, add after the words "less energy~~ ~~but increases the monthly bill by $58.00'. Motion carried unanimously. Concrete Concepts, Inc. #930 1b21L~ Zenia Anoka, T~T~i 55303 Councilmember Ciernia informed that the Planning Commission at their March 21, 1983 meeting approved unanimously the subdivision of the Hawkins property. He also made reference to a letter dated March 21, 1983, from Engineer Schunicht indicating that there is adequate sewer and water capacity to service the proposed development. After a presentation by James W. Maenner, representing the Hawkins Estate, and considerable discussion, Councilmember Ciernia moved, seconded by Councilmember Eggert, that April 20, 1983 be designated as the date for public hearings on the following items: (1) Subdivision request submitted by Charles Hawkins Estate, 7:30 P.M., (2) Rezoning Application from Hewlett-Packard, MINUTES OF MARCx 9, 1983 APPROVED HAWKINS SUBDNISION SCHEDULING OF HEARINGS MINUTES -. _ REGULAR CITY COUNCIL MEETING MARCx 23, 1983 PAGE 2 8:00 P.M., (3) Rezoning request from Charles Hawkins Estate, 8:30 P.M., (1~) HEARINGS Platting Request from Good Value Homes, 9:00 P.M., and t5) Subdivision request (cont.) from Hewlett-Packard, 9:30 P.M. In addition, the Council meetings scheduled far April 13 and April 27, 1983 are to be cancelled and special meetings scheduled for April 6 and April 20, 1983 at 7:30 P.M. A;otion carried unani- mously. Councilmember Eggert stated he felt that the loop roads should be s*~itched so the roads could feed onto Cleveland if that access becomes a reality and lots should be held back for this purpose. Councilmember Ciernia pointed out that Cleveland Avenue presently has heavy traffic and questioned whether or not there is a genuine need for another access to the Go~:d Value Homes Development. He felt that an unbiased planner should be hired to study the traffic flow through the proposed new residential area. Harold Nilsen, 179. Tatum, a member of the Planning Commission, read comments fmm City Planner Carl Dale and the planner hired by the Falcon Woods Task Force stipulating that if the project density exceeds the existing R-1 zoning, then an extension out to Cleveland should be re- quired and if an extension to Cleveland is necessary, it should be an expense for the developer not the general public. He stressed the fact that the proposed development will not exceed the R-1 density. John Urban of Howard Dahlgren and Associates, representing Geod Value Homes, stated that if the project were to carry Z00 to 1s0 units worth of traffic to Prior to the north, then there would be a need for another access. Since there will be only 50 homes, he felt there is no need to produce another access at a large expense. He stated they would keep the option open and study it further, but felt that at an R-1 density of less than 100 units, the need for access to Cleveland would not exist. John Peterson, Good Value Homes, showed samples of the styles of homes planned for the development and stressed the fact that the new homes will match the existing neighborhood. He estimated that a good number of the homes t~Tould be sold to "second time~~ homeowners who are buying n up r, Councilmember Ciernia felt a study dlould be done to determine: (1) if another access is necessary, (2) if se, which way, and (3) cost. After considerable discussion, Councilmember Ciernia moved, seconded by I~:ayor Z:arkentien, that -the Clerk Administrator be directed to contact the etropolitan Council to determine whether they would be able to furnish services to study the need for the above mentioned items, or select another planner ar traffic engineer to do a traffic and access analysis, upon Council approval, and report at the next Council meeting. Motion carried unanimously. Fiscal Consultant Chenoweth discussed setting hearing dates for establish- ing the Tax Increment Financing Districts within the Development District and amending the development district to include the proposed University of Minnesota Retirement Center, The parcels to be included in Tax Increment District No. 1 include: Hewlett Packard new addition (half of current parcel) Grace Lai ~ unit apartment, 1 parcel; and Good Value Homes, 50 parcels. Also, since there is the possibility of construction of the retirement center in the next few years, he recommended that Council 2 s-, DISCUSSION GOOD VALUE i~OP~S DEVELOPMENT TAX INCRE- N1ENT DIST. & DEVELOP- MENT DIST. rzINUTEs REGULAR CITY COUNCIL MEETING MARCH 23, 1983 PAGE 3 consider amending the Development District to include that site. He then TIF & furnished information on the timing required for these hearings. Council- DEVELOPMENT member Eggert moved, seconded by Councilmember Ciernia, that .Resolution DIST (cont.} 83-7 be adopted setting the hearing date for the above mentioned items. I4otion carried unanimously. RESOLUTION 83-8 A RESOLUTION CALLING A PUBLIC HEARING FOR MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPt~NT DISTRICT N0. Z AND THE ESTABLISHMENT OF PROPOSED TAX INCREI~NT DISTRICT N0. 1 AND THE ADOPTION OF A TAX INCRII~IENT FINANCING PLAN RELATING THERETO Fire Chief Renchin reviewed his seven item priority list covering items FIRE DEPT. previously requested by the Department. After a thorough discussion of PRIORITY the items and alternate means of financing them, Councilmember Chestovich ITEMS moved, seconded by Councilmember Eggert, that $1,013.05 for typed items DISCUSSED 1, 2 and 5 be authorized, the amount to be taken from the Contingency Fund. Mayer h'arkentien offered an amendment whereupon Council.members Chestovich and Eggert withdrew the motion and second. Mayor Warkentien then moved, seconded by Council.member Chestovich, to authorize an expendi- ture of $3,877.05 for the purchase of typed items 1, 2, 3, 5 and 7 to be paid from the Contingency Fund. Motion carried unanimously. John Peterson, Good Value Homes, informed Council that the extension of JOHN roads may not be as simple as it seems in that they could cross University PETERSON property if roads were run straight, more consideration would have to be GOOD VALUE given to drainage, and it would be costly to re-route the run-off. HOMES John Urban, Good Value Homes, also indicated that a need might be created for variances if tdle lots could not be configured to accommodate a road to Cleveland. Also, all the water flows in one direction and it works well with the proposed street configuration and in reversing the street it might result in more costs attempting to re-direct the water flow. Good Value Homes would like to evaluate these two concerns and then decide whether or not the road could be re-directed. Councilmember Eggert presented for consideration proposed Ordinance #197. He explained that Group W proposes to put in equipment which is a modi- fied version of the originally proposed equipment and everything under consideration so far were items where the equipment had actually been upgraded. The North Suburban Cable Communications Commission desires to be able to approve those types of upgrading changes without it being necessary for each City Council to approve it. Councilmember Eggert then moved that Ordinance ,#19? be adopted and that publication be authorized. Motion was seconded by Councilmember Chestovich and carried unanimously. ORDINANCE #197 AN ORDINANCE AMENDING ORDINANCE N0. 193 KNOWN AS THE CABLE COT~NNICATIONS ORDINANCE. Frank E. Villaume, Attorney at Law, representing Mr. and Mrs. Norbert Hermes (Falcon Shopping Center) ref erred to his letter dated March 15, 1983 regarding an interpretation of Ordinance No. 174 relating tR .advertising signs. Clerk Administrator Barnes had informed Mr. and Mrs. JOHN URBAN ORDINANCE N0. 19? ADVERTISING SIGN ORD. NO . l7lt DISCUSSED MINUTES REGULAR CITY COUNCIL MEETING MARCH 23, 1983 PAGE Lt 1 Hermes that the sign located atop the Falcon Center must be removed by 1985 ORDINANCE in accordance with the Ordinance. Mr. Villaume stated he felt the sign is #1711 needed in the center since the Council permitted the Standard Station to (cont.} install canopies over their pumps which blocks the sight line to the build- ing and signs located above the awning on the building would not be visible from the corner. Attorney Villaume was of the opinion that Ordinance does not apply to this particular sign on the Hermes building. Attorney Van de North agreed with Mr. Villaume since the sign on top of the building is not a billboard as stated in Ordinance #1711. He referred to Section 3.2 (50 of Ordinance ~6~ as amended in Ordinance #171, which defines signs and it includes every sign attached to forming a component art of arty building whether it be stationary or moveable.) Billboards are signs which direct attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which. it is affixed. Attorney Van de North felt the Council would not want to outlaw all advertis- ing signs whereas the intent is to only do billboards. Mayor Warkentien point- ed out that there are ether ordinances relating to the size of the sign that should be considered. Councilmember Ciernia referred to the action of the Planning Commission on March 21, 1983 concerning the distinction between advertising and business signs. The intent of the Planning Commission was to preclude billboard type signs and it would be difficult to differentiate between advertising type signs and business type billboard signs. After a discussion concerning the intent of the Council in approving Ordinance #171, Attorney Van de North was directed to furnish Mr. Villaume with the pertinent size restrictions and information concerning whether the present sign was grandfathered in which the Ordinance was adopted. Attorney van de North presented proposed Ordinance X198 as requested by Council. After a discussion concerning the definitions and the alarm user's fee, Councilmember Larson moved, seconded by Councilmember Chestovich, that Ordinance #198 be adopted and that publication be authorized. Motion carried unanimously. ORDINANCE #198 AN ORDINANCE RELATING TO FIRE AND POLICE PROTECTION: BURGULAR AND HOLDUP ALARM SYSTEMS Counci3.member Larson moved, seconded by Councilmember Chestovich, that the spring dump dates be scheduled for May 13, 1983 through May 21, 1983, and that Councilmember Ciernia contact the Fairgrounds to request use of a parking lot as a dump site. Motion carried unanimously. The Maintenance Department Communications System was tabled until the April 6, 1983 meeting. Councilmember Larson was directed to contact the Fire Department regarding the use of their base unit rather than purchasing a separate unit for Maintenance. Attorney Van de North explained that he had prepared a development agree- went which will be adapted to the Good Value Home development. He advised John Peterson, Good Value Homes, that purchase could be made of information and material which had previously been prepared for the proposed American Shelter development. Mr. Peterson agreed to check into the matter to see if any csf the material could be adopted for their use. Attorney Van de North will contact the Attorney For Good Value Homes to formulate details on the development agenda. ORDINANCE #198 DUMP DATES SET FOR 1t/13 THRU !x/21/83 COMMUNICATION SYSTEM DEFERRED TO 5/6/83 DEVELOPMENT AGREEMENT PREPARED MINUTES _ .. ~ REGULAR CITY COUNCIL MEETING MARCx 23, 1983 Attorney Van de North requested that Council read the codification of CODIFICATION ordinances to determine if any changes are needed. Councilmember Ciernia moved, seconded by Councilmember Larson, that Ordinance #199 be adopted and that the Clerk Administrator be authorized to publish the same. Ntotion carried unanimously. ORDINANCE #199 ORDINANCE #199 AN ORDINANCE AMENDING ORDINANCE #169 OF THE CITY OF FALCON HEIGHTS PERTAINING TO THE PLACEMENT OF ADDRESSES ON ALL PRINCIPAL STRUCTURES Councilmanber Ciernia solicited Council input in the proposed changes in COUNCIL TO the local government aid formula. He explained the cuts proposed for PROTEST cities and felt that if cuts were necessary, they be phased in over a PROPOSED period of years. After further discussion, Clerk Administrator Barnes CHANGES IN was directed to write letters to Representative John Rose, authors of LOCAL GOVT the proposed legislation and to the Mayor of Bloomington, who in his AID FORI~ITLA letter of March l8, 1983 brought the matter to the attention of Council. The Clerk Administrator was to indicate in the letter how the cuts will present severe hardships for our community, and that Council opposes subsidizing other cities. PROSECUTORS The Prosecuting Attorney's statement on legal service for February, 1983 STATEMENT was noted. NOTr~D The Notice of Claim by James H. Klein vs. Gary F. Hofer, Ramsey County NOTICE OF and the City of Falcon Heights was noted. Attorney Van de North stated CLAIM BY he had advised the attorney for Mr. Klein that the accident had occurred JAMES H. on Snelling Avenue which is a State Highway and out of the jurisdiction KLEIN NOTED of the City. Councilmenber Eggert asked representatives of Bullseye Golf, new owners of the Flower City property, whether they were in need of financing as the City might assist. Attorney George Hoff stated he had been involved BULLSEYE with the building permits, etc. and was not in a position to know if GOLF PLANS financing had been obtained at this time. Councilmember Eggert stated FOR FORMER if the City were really interested in developing the whole block, a FLOWER CITY moratorium on building permits for commercial construction might be in PROPERTY order, Attorney Van de North stated he had difficulty with proposing a moratorium and did not feel the City should interfere with on-going development with no rezoning involved. A moratorium would not be needed as the City could hold up issuing building permits for a limited time. Attorney Hoff stated Bullseye is opposed to the moratorium on commercial buildings and he did not agree with Attorney Van de North that the City could hold up issuing building permits if they are in compliance with the zoning ordinances. Councilmember Larson pointed out that they would have to follow all the ordinances and the conditions set forth, which has not always been done in the past. Councilmember Larson COUNCIL suggested that a Council Workshop be held to discuss the proposed WORKSHOP development of the Snelling/Larpenteur corner and the Good Value Homes SCHEDULED property, and that both the Planning Commission and a representative of FOR l~/6/83 the Fire Department be asked to attend. The Workshop was scheduled for 6030 P.M. April 6, 1983 from 6:30 P.M. to 7:30 P.M. ~~ MINUTES REGULAR CITY COUNCIL MEETING MARCH 23, 1983 PAGE, 6 ~i Mayor Warkentien moved, seconded by Councilmember Larson, to extend the MEETING meeting to 11:10 P.M. Motion carried unanimously. EXTENDED TO 3.2:10 P.M. Councilmember Chestovieh reported that the Park and Recreation Committee had voted to purchase additional equipment for summer recreation at a PARK & cost of up to $00.00. Councilmember Larson moved, seconded by Council- RECREATION member Chestovsch, that the Committee be authorized to make the expends- DISCUSSION ture. Motion carried unanimously. Councilmesnber Chestovich indicated that the Park and Recreation Committee would like four different areas for the summer program this year--the Grove, the Hole, Falcon Heights Park and the School Playground. She asked what the procedure was for using the school property and if the storage shed could be used for storing equipment. Dsscussion on this matter ws11 be held after the School Board Meeting as the Board will be considering the City's Resolutson regarding use of the School property at their next meeting . Attorney Van de North reviewed for Council the reasons for not serving liquor or wine on City Ha11 premises as follows: (1) there could be a dram shop liabilsty, (2) City could be held harmless from whomever hosts the party but that is only as good as the insurance company will cover, (3) it would have to comply with all ordinances and would need a permit which could cause administrative hassles, and (t~} it would b e necessary to apply to the Commissioner of Public Safety to get a permit. For the above reasons, he does not recommend the City allow liquor on the premises. Mayor Warkentien moved, seconded by Council- member Larson, that as a matter of policy, the City should not permit liquor on the premises, Motion carried unanimously. Councilmember Larson moved, seconded by Councilmember Csernia, that the meeting be ad3ourned at 11:10 °.M. Motion carried unanimously. ~.~ ~ ~y~. ~ ~~~ WILLIS C. A. WARKENTIEN, MAYOR ATTEST: swan B. Barnes, Clerk Administrator Regular City Council Meeting of Niarch 23, 1983 DISCUSSION USE OF LIQUOR IN MUNICIPAL BUI'i.DING ADJOtTRNMENT