HomeMy WebLinkAboutCCMin_06Jul12Regular Meeting of the City Council
July 12, 2006
Members present: Council members Kuettel, Harris, Lindstrom, and Talbot, Mayor Gehrz, Administrator Miller, Assistant City Administrator/Deputy Clerk Kreuser, Parks and Public Works
Director Hoag, and Planning and Zoning Director Jones.
The minutes of the June 28, 2006 regular city council meeting were approved.
Consent Agenda:
The following six items on the consent agenda were moved for approval by Council member Kuettel. The motion passed unanimously.
Disbursements through 6/30/06: $9,125.90
Disbursements 7/1/06 through 7/6/06: $19,165.38
Payroll through 6/30/06: $19,559.26
Resolution adopting model policy and appointing officials
Approval of licenses
Authorize the purchase of a Toro Groundsmaster 3280-D commercial
tractor/mower from MTI Distributing
Promotion of Michael Poeschl to Falcon Heights Fire Department
Captain
Acceptance of Low Bid for Seal Coating from Pearson Brothers in the
Amount of $52,441.60
Policy Agenda:
1. Drive-through Study Final Report
Mayor Gehrz began the item by giving a brief background for the viewing audience. She explained the City does not have an ordinance that governs drive-through uses. She said the City
had received a request to install a drive-through, which triggered the study to look at all business-zoned properties in the City. Mayor Gehrz thanked the residents who gave input at
the meetings.
The City planning consultant, Dan Cornejo, presented his drive-through report with a presentation to the council and audience. Cornejo stated his charges were to clarify Falcon Heights
interest in drive-through uses, establish standards and criteria for their design and location, and to give his recommendations for zoning code amendments. After doing the research,
Cornejo presented three options to the council: 1) allowance of drive-throughs for banks only in B-2 and B-3 zones, 2) allowance in B-2 zones for banks and for all uses in B-3, and 3)
drive-throughs prohibited anywhere in Falcon Heights. After giving the presentation to the council, Cornejo recommended option three.
Mayor Gehrz asked for the council’s questions.
Council member Talbot asked about the square footage of Dino’s. Cornejo replied it was 17,000 sq. ft., but later corrected the square footage to roughly 23,000.
Council member Kuettel asked Cornejo to highlight the areas that meet the square footage requirement of 30,000 feet, as outlined in option two. Cornejo replied Hermes, TIES, Twin Cities
Federal Co-op, Buck’s Furniture, and the Knutson offices on Prior Avenue were some of the properties that met that 30,000 square foot requirement. He
stated there are several large properties, but that it appeared the focus of the City’s comprehensive plan is residential. He explained his reasoning for recommending option three,
no drive-throughs, was because the drive-throughs in commercial-mixed use and residential areas would not work in relation to residential areas.
Council member Lindstrom agreed. He stated the City would be undertaking the comp plan process within the next year, and had trouble thinking of B-zoned land that would be appropriate.
Even with mixed uses coming into play, he stated he was leaning towards supporting option three, but was not convinced there would not be room to examine the University land in the
comp plan process.
Mayor Gehrz asked Cornejo of the definition of “noise.” Cornejo replied it was referring to speaker boxes. He stated some residents brought up concerns of car radios, idling vehicles,
people ordering, and those are not included in the definition since they really cannot be controlled by this ordinance. He added that in other codes, the speaker box was the only noise
related.
Mayor Gehrz asked the audience for their questions. There were none. She opened council discussion.
Council member Harris said she favored the recommendation by Cornejo. She said she thought about the issue a lot, and every time the value of a drive-through facility is matched up
against the detriment to the City, there is not enough value to justify its use. She said even with a conditional use, there would be a hassle with trying to engineer it to prevent
damage to what the City already has.
Council member Lindstrom said he supported option three, no drive-throughs, because he would not want a drive-through next to his house. He said the pros to having a drive-through do
not equal the extreme negatives.
Mayor Gehrz said she supported prohibiting drive-throughs in B-1 and B-3, and due to the traffic around the Snelling/Larpenteur intersection, a use such as a drive-through would worsen
the traffic and create safety issues. Mayor Gehrz said there have been 60 accidents at the Crawford/Snelling intersection in 2003 and 2004 according to the SAPD, so she would not support
drive-throughs in the B-1 and B-3 zones. However, she said she would support a conditional use permit for banks only in the B-2 zones. She thought banks do not cause a lot of traffic
during the rush hour, and since no one has come to the City asking for a drive-through for that use, she asked whether it was realistic to prohibit them. With the conditional use allowed
in the B-2 zones she said there would be heavy restrictions, including placing the window and speaker box 100 feet from residential areas, driveways 75 feet from intersections, a lot
size minimum of 30,000 square feet, no noise audible from residential areas, hours limited from 7 a.m. to 10 p.m., a traffic impact study would be conducted, and there would be no glare
to adjacent property. She stated with these provisions it felt comfortable to her.
Council member Kuettel stated that by going to the meetings, she felt that Falcon Heights was not a City for drive-throughs. Although in B-2, she thought the conditional use with site
review, she would be in favor of the banks only B-2 option.
Council member Harris asked Mayor Gehrz why she would want to open that complex issue. Mayor Gehrz answered she thought of it as property owner’s rights. She said they City tends to
bend over backwards for residential property rights, and the more prohibitions the City places on business-zoned properties, it limits the options the owners have. She said she could
not justify or logically make that argument, especially with
placing the conditional use and restrictions on those much larger B-2 properties, but she was trying to be as fair in her analysis as she could be.
Council member Talbot stated he was in favor of the third option, no drive-throughs, because of the resident input from the meetings. He said it was universal that residents did not
want drive-throughs. He said he could not bet on the University land always being agricultural, that some day it may be sold, and with the conditional use option, able to house a drive-through.
His concern was that the University land abuts residential properties, and residents in Falcon Heights could drive ¼ mile to Roseville or St. Paul to a drive-through.
Council member Lindstrom said he would support the Mayor’s proposition, with the University land it would have enough area to house a drive-through in the future if sold. He added that
the other B-2 zoned properties are not immediately next to residential properties, and with the conditions built in it provides some safeguards. He asked if the conditions would be
built into the use, and about the noise provision. Cornejo replied that the cities he contacted, it is noise audible from the property line. Lindstrom also asked about the 100-foot
condition. Mayor Gehrz replied she took the most-restrictive conditions from Cornejo’s report and built them in.
Council member Lindstrom asked about an ATM condition in the use, and suggested 10 p.m. be changed to 8 p.m. Cornejo said in some cities, they require lots be chained after certain
hours, and the City could make that a requirement. Administrator Miller said with the noise issue, it could still be a condition even with an ATM included on the property. Mayor Gehrz
said wherever “speaker box” is referenced, it will be a requirement it will also say “ATM.”
Mayor Gehrz asked Council member Harris how she felt about the changes. Council member Harris stated she thought it was an artificial stretch to benefit the City, and she could not
see a reason to make a stretch to make it possible.
Mayor Gehrz asked the audience for comments.
Mayor Gehrz moved to change the zoning ordinance to prohibit all drive-throughs uses in all B-1 and B-3 zones to allow a drive-through for banks only as a conditional use only with site
plan review in B-2 properties with the requirements as follows: that there be at least 100 feet to residential property, including service window, building, speaker box, ATM, the driveway
be at least 75 feet from an intersection, a 30,000 square foot minimum, at least 180 foot stacking lane, that the hours of operation run no longer than 7 a.m. to 8 p.m., no audible noise
to adjacent residential properties, no glare to adjacent properties, and a traffic impact study be completed.
Rich Rodich asked if the building was included in the 100-foot setback from residential property. Mayor Gehrz said it made sense to change the motion to eliminate the building itself
from 100-foot setback requirement. She amended her motion, and moved to change the zoning ordinance to prohibit all drive-throughs uses in all B-1 and B-3 zones to allow a drive-through
for banks only as a conditional use only with site plan review in B-2 properties with the requirements as follows: that there be at least 100 feet to residential property, including
service window, speaker box, and ATM; the driveway be at least 75 feet from an intersection; a 30,000 square foot minimum; at least 180 foot stacking lane; that the hours of operation
run no longer than 7 a.m. to 8 p.m.; no audible noise to adjacent residential properties; no glare to adjacent properties; and a traffic impact study be completed. Council members Lindstrom
and Kuettel, and Mayor Gehrz voted to
approve the motion. Council members Talbot and Harris voted against the motion. The motion passed 3-2.
2. Review of Draft of Falcon Heights City Code Recodification
Administrator Miller gave an overview of the process to date, stating the current code was clunky and outdated, making it difficult to use. He asked the council for their changes to
the draft code. The council went through the code, page-by-page, and made their changes.
Information/Announcements:
Council member Lindstrom said the Environment Commission is leaning towards planting the community garden at Community Park, however nothing is final yet.
Council member Kuettel said the Planning Commission public hearing for the zoning chapter and one variance would be held July 25.
Council member Talbot said that cities and residents should contact their legislators and urge them to protect local government rights to rights-of-way.
Mayor Gehrz invited everyone to the Ice Cream Social on July 27 from 6-8 p.m., said the budget workshop would be held July 19 at 6:30 p.m., urged residents to hold a block party on National
Night Out, August 1. She also said the committee applications for the comprehensive plan steering committee would be available, and asked property owners to apply.
Administrator Miller said seal coating would start, and asked residents to watch parking.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Stacey Kreuser
Assistant City Administrator/Deputy Clerk