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HomeMy WebLinkAboutCCMin_97Dec12CITY OF FALCON HEIGHTS , REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 12, 1997 Mayor Gehrz convened the meeting at 7:00 p.m. PRESENT Gehrz, Hustad, Jacobs, and Kuettel. Also present were Hoyt, Asleson, Maurer, and Jamnik. ABSENT Gibson Talbot (arrived later) COMMUNITY FORUM There was no one wishing to take advantage of the community forum. CONSENT AGENDA APPROVED Motion was made by Councilmember Kuettel to approve the following consent agenda. Motion passed unanimously. 1. Disbursements 2. Authorization to purchase and install carpeting and furnishings for city hall 3. Cancellation of the November 26 and December 10, 1997 council meetings 4. Extension of the bid for the State Fair sign 5. Schedule December 17, 1997 public hearing date to assess tree removal costs POLICY AGENDA REQUEST FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A SCHOOL AT 1781 N. PRIOR AVENUE IN A B-2 ZONE AND A REQUEST FOR A VARIANCE IN SECTION 9-13.05 SUBD. 6 OF THE ZONING CODE PERMITTING UNLOADING ON A PUBLIC STREET Administrator Hoyt reviewed the applicant's request for a conditional use permit and variance at 1781 N. Prior Avenue. The public hearing on this request was held by the Planning Commission on October 21, 1997. Attorney Jamnik reviewed state laws regarding the council's role in approving or denying conditional use permits and variances. Councilmember Gibson Talbot arrived at 7:1 1 p.m. Barb Boelter, President of the Metro Deaf School board, gave some history on the school. She also explained that the school has a very small student to teacher ratio and that students are well supervised at all times. Paul May, an architect working for the Metro Deaf School, explained that he has designed a number of unique schools in the area and that he has worked with MDS to design a safe and effective educational site. 3~~ City Council Minutes November 12, 1997 Page 2 The council recessed for a five minute break at 7:40 p.m. Mayor Gehrz explained that she had received a petition from residents at the Maple Court townhomes which indicate concern over how the school will utilize the site. There was also a cover letter with the petition which outlined a number of concerns, some of which may be considered as a part of the conditional use permit approval process and some of which cannot be considered. Gehrz went on to explain that the council can approve or deny a conditional use permit based upon site related issues only. These might include the play area, loading issues, and the number of students educated at the site. It cannot include issues such as state education requirements, which is the responsibility of the charter school. The conditional use permit cannot be denied based upon the fact that this school may one day purchase the property and give it tax-exempt status. Engineer Maurer reported that this property, when operating with an office use, might expect 125 one-way vehicle trips per day. The school, with 22 transportation vehicle trips and 36 staff trips, would not generate more traffic than might be expected for an office park use. Administrator Hoyt stated that the building official said that an 1 1,000 square foot office building might hold an estimated 1 10 office employees. Richard Rajic, 1752 Maple Court, asked for clarification about the maximum number of students that would be at the school and for more clarification on the proposed play areas. Councilmember Jacobs stated that he didn't support the proposed loading and unloading area in the parking lot due to safety hazards. He proposed that all loading and unloading be done off of Prior Avenue. This would require painting a crosswalk over the parking lot and "no parking" signs on the parking spaces to the east of the front entry during the morning and afternoon loading times. Parents who would be picking up or dropping off children during the rest of the day could load and unload from the parking lot. Mayor Gehrz proposed that a condition be added that would set a maximum number of students enrolled at the school. Diane Sherwood, a representative of the Metro Deaf School, stated that a maximum of 60 students are projected for the future. V. Elving Anderson, 1748 Maple Court, urged the council to consider how the inside of the building would be utilized before determining a specific number of students. Paul May stated that the recommended standard for a school is approximately 150 square feet of area per student. With 1 1,000 square feet in the proposed building, 73 students could be accommodated. Given this information, Mayor Gehrz proposed a maximum enrollment of 70 students. The council recessed for a five minute break at 8:32 p.m. City Council Minutes November 12, 1997 Page 3 ~~$ Councilmember Jacobs inquired about the impact of developing the proposed play area on the trees on the site. Paul May responded that the school has not yet determined the type of activities and equipment that could be used. Aesthetics would be taken into consideration. Administrator Hoyt said that the property owner can remove the vegetation as he wishes at any time; the conditional use permit gives the city an opportunity to have a review process with a landscape architect to be sensitive to the issues. Councilmember Jacobs added language to the conditional use permit which would require review by the city's landscape architect prior to approval of the play area's development. The city council then discussed the non-developed play area to the west of the property and the maximum number of students to be permitted in the area at a time. Bill Smith, 1786 Maple Court, expressed concerns about the small yard area and the type of play that might take place so near the townhomes. Darr Schreurs, 1759 Maple Court, noted that while the play area might be limited to a small number of students at a given time, there would be 40 or more students inside. Would the area be used non-stop all day long? Diane Sherwood responded that the school's priority is that students be in the classroom. Mr. Schreurs also asked if Maple Court's lawn service would be able to provide service given that children will be playing so close. Administrator Hoyt responded that while she didn't know the specific policies of Maple Court's contractor, the city has had the parks sprayed and the grass maintained for a number of years without problems. Residential properties abutting the parks have not reported problems with obtaining lawn service. Anita Smith, 1786 Maple Court, stated that she fears that there won't be enough play room on the property for children even when the developed play area has equipment in it. What will keep children from coming to the west side of the building for play? Councilmember Jacobs replied that the school wants to be a good neighbor and will be sensitive to the needs of the neighborhood. If a neighboring property owner has concerns about how the school is being operated, they should first contact the school for a resolution. If that does not work, the city council can enforce the terms of the conditional use permit as it enforces all city codes. After further discussion, the city council chose to designate the open space on the west side of the building for passive use (not a play area) and given this change, not to limit the number of children using it. C r City Council Minutes November 12, 1997 Page 4 3~7 Motion was made by Councilmember Hustad to approve Resolution 97-45, approving the variance request for 1781 N. Prior Avenue. Motion passed unanimously. Motion was made by Councilmember Jacobs to approve Resolution 97-46 as amended, approving a conditional use permit for 1781 N. Prior Avenue. Motion passed unanimously. CONSIDERATION OF AN ORDINANCE FOR REGISTRATION AND PERMITS ON THE RIGHT-OF-WAY, CHAPTER 9 SECTION 6.01 Attorney Jamnik reported that the proposed ordinance requires registration of uses in the right-of-way, such as gas, electrical, cable, and telephone and requires aright-of- way permit for any work in the right-of-way. Motion was made by Councilmember Hustad to approve Ordinance 97-08, Resolution 97-47 (authorizing summary publication), and an amendment to the fee schedule establishing a $100 fee for aright-of-way permit. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:23 p.m. ~' `~ . Susan L. Gehrz, Mayor Carla Asleson Recording Secretary