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HomeMy WebLinkAboutCCMin_86Feb26MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 A regular meeting of the Falcon Heights City Council was called to order at 7:00 p.m. by Baldwin. PRESENT Baldwin, Chenoweth, Hard, and Ciernia. Also present were Barnes, Van de North, and Schunicht. ABSENT None. CONSENT AGENDA APPROVED Ciernia moved, seconded by Hard, approval of the Consent Agenda with the deletion of Items 9 and 10, Briggs and Morgan Statements. Motion carried unanimously. ADDENDA TO AGENDA Baldwin moved, seconded by Chenoweth, that the following items be added to the agenda: 1) Discussion of Method of Interviewing Applicants for Council Vacancy, and 2) Items 9 and 10 from the Consent Agenda. Motion carried unanimously. MINUTES OF 2/12/86 APPROVED Hard moved, seconded by Ciernia, that the Minutes of February 12, 1986 be approved as corrected. Motion carried unanimously. 7:05 P.M. - PUBLIC HEARING ON PROPOSED ZONING CODE AMENDMENTS At 7:05 p.m., Baldwin opened the public hearing on proposed zoning code amendments and presented the Affidavit of Publication. Van de North reviewed the proposed changes and explained that the Planning Commission took no action at the February meeting, but will discuss the matter on March 3rd, and it will be necessary that Council continue the hearing in order to have Planning Commission recommendations prior to adopting any amendments. Van de North advised that the Planning Commission did recommend adoption of a code amendment relating to building permit/plan cheek Pees, and therefore Council might take action on that item. Chenoweth moved, seconded by Ciernia, that Ordinance #0-86-1 be rescinded (adopted in error in January prior to Planning Commission review), and Ordinance ~0-86-5 be adopted. Motion carried unanimously. ORDINANCE #0-86-5 ADOPTED ORDINANCE 0-86-5 AN ORDINANCE RELATING TO BUILDING PERMITS AND PLAN CHECK FEES, AMENDING SECTION 9-2.15, SUBDIVISION 2 OF THE MUNICIPAL CODE PUBLIC HEARING CONTINUED TO 7:05 P.M., MARCH 12, 1986 1 Council briefly discussed the other proposed amendments and requested changes, after which Ciernia moved, seconded by Chenoweth, that the matter MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 PAGE 2 again be referred to the Planning Commission, and the public hearing be continued to 7:05 p.m, March 12, 1986. Motion carried unanimously. PRESENTATION BY INSURANCE REPRESENTATIVES - CITY LIABILITY Insurance Representatives Paul Breher and George O~Connor presented and reviewed a summary of the City~s insurance coverage (a copy of which is on file in the Clerks Office). Cable Commissioner Ron Eggert was in attendance and expressed concern that he might not be covered under the City policy when serving as Commissioner. Mr. O~Connor explained that Eggert is covered though 1986, however, next year it will be necessary for joint powers groups to obtain their own coverage. Mr. O~Connor determined that the City Building Inspector is covered as an employee since he is paid a monthly retainer. Council and City Commission members are covered under the public officials portion of the policy. 8:00 P.M. - PUBLIC HEARING ON CONDITIONAL USE REQUEST FROM JOHN HURRAY III, 1744 ARONA, TO OPERATE A MEDICAL FACILITY IN THE RESIDENCE Baldwin opened the public hearing at 8:00 p.m. and presented the Affidavits of Publication and Mailing. Van de North reviewed the portion of the code relating to home occupations and explained that the present code is confusing, should be re-written, and recommended that Council declare a moratorium on home occupations until the code is studied and written in a more concise manner. Van de North was of the opinion that the request from Dr. Murray defintely fell into the conditional use category as she anticipated constructing a separate entrance and displaying a sign. Mr. Murray presented the list of equipment to be used in the practice and Dr. Murray explained she is a general practitioner, would do routine physicals, well baby care, etc., and patients would be scheduled one at a time to alleviate parking problems. Betty Gladfelter, 1754 Arona, expressed concern that there might be evening hours and asked if the number of business hours could be restricted and growth prohibited. She indicated they chose to live in Falcon Heights because it is peaceful and quiet. Dorothy Grittner, 1718 Arona, inquired about State Health Department requirements, fire inspections, whether or not the property had been surveyed to determine property line (one neighbor had expressed concern at the Planning Commission meeting that there is not enough space for a sidewalk and wheel chair ramp), and if there is any indication that medical facilities draws drug seeking people. She was advised that the Health Department would only be interested if x-ray equipment is involved, fire inspections would be done twice a year, survey has not been done, and Dr. Murray explained that she writes very few narcotic prescriptions, did not anticipate any problem, but would have drugs on the premises. Mrs. Grittner indicated she was opposed to this business in a residential area. Ron Eggert, 1868 Simpson, stated he served on the Council when the code was adopted and the intent was to prevent encroachment of businesses into the R-1 areas, the Comprehensive Plan is clear with respect to protecting R-1, he was of the opinion the medical facility would devalue adjacent property, would increase traffic, and be disturbing to the neighborhood. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 PAGE 3 Rick Tresselt, 1741 Arona, commented on the lack of parking space during the State Fair, and felt the medical office would add to the problem. He was opposed to the medical office and was of the opinion that businesses in a residential area are not desirable. Baldwin read into the record letters from John Nichols, 1791 Arona, and Ralph Reichow, 1731 Arona, objecting to the business. Baldwin noted that Wayne Gladfelter had signed a statement indicating he did not oppose the medical office, but Betty Gladfelter indicated that her husband had changed his mind and she wanted to withdraw his letter of approval. There being no others wishing to be heard, Baldwin closed the hearing at 8:49 P•m Baldwin asked Council to express opinions on the matter to determine whether or not action should be taken on the conditional use at this time, or delay a decision if a moratorium is declared. Council sympathized with the Murrays, but were also concerned about the neighborhood, and basically opposed to a business in the residential district. Following the discussion Hard moved, seconded by Chenoweth, that the conditional use request be denied for the following reasons: 1) fear of precedent setting, 2) neighborhood is already in a high density traffic area. 3) intent of the Council historically has been to limit home occupations in R-1, 4) in accordance with Comprehensive Plan, and 5) there are commercially zoned offices available nearby. Motion carried unanimously. RESOLUTION R-86-8 ADOPTED DECLARING A MORATORIUM ON HOME OCCUPATIONS Following a short discussion Council concurred it was desirable to re-write the home occupation portion of the code, after which Hard moved, seconded by Ciernia, that Resolution R-86-8 be adopted declaring a moratorium on home occupations to allow time for review and revision of the code. Motion carried unanimously. RESOLUTION R-86-8 A RESOLUTION RELATING TO A MORATORIUM ON HOME OCCUPATIONS RESOLUTION R-86-9 RELATING TO INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES ADOPTED Ciernia moved, seconded by Baldwin, that Resolution R-86-9 be adopted as presented by the Attorney. RESOLUTION R-86-9 A RESOLUTION RELATING TO INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES UPDATE ON PROPOSED FALCON HEIGHTS OFFICE PARK - RESOUTION R-86-10 Van de North informed that he had met with Barnes and development representatives Tim Welsch, John Briscoe, and Frank Kubitschek after being informed that the owner of 2061 W. Larpenteur has refused to participate in the project or sell to the developers as was originally indicated. ~~ MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 PAGE 4 Due to this, and the fact the bonds have been issued, the project must get underway as soon as possible, and the development agreement amended. Kubitsehek explained that their plans have been altered for construction on the Hawkins Property and the value of the project will actually be $200,000 more than originally indicated for the project including the property at 2061 W. Larpenteur, and reviewed the changes. The developers would like to continue to negotiate with the owners of the Larpenteur property, however if they are unable to eonsumate a purchase within six months the City could then consider condemnation, the developers would purchase the property from the City, and reimburse for any costs to the City. Van de North and Barnes recommended that the development agreement be amended to reflect the changes. The Planning Commission will be informed of the changes and the City Planner will be asked to review the site plan. Following the discussion Baldwin moved, seconded by Ciernia, that Resolution R-86-10 be adopted amending the development agreement. Motion carried unanimously. RESOLUTION R-86-10 A RESOLUTION RELATING TO REVISED DEVELOPMENT PLANS FOR STRATFORD LTD. FOR HAWKINS PROPERTY CHANGE ORDER AND REQUEST FOR PAYMENT FOR LARPENTEUR/COFFMAN/TATUM IMPROVEMENTS Sehunieht reviewed the change order request for Larpenteur/Coffman/Tatum utility and street improvements, a copy of which is on file in the Clerkts Office. He explained that the change order and resulting price increase was due to unforseen problems encountered, the work has been done, and recommended approval of the change order and payment of $33,717.25. Council briefly discussed whether or not there is a way in which to be more exact on specifications, after which Chenoweth moved, seconded by Hard, that the change order be approved, and payment be made to Austin P. Keller Construction Co. in the amount of $33,717.25. Motion carried unanimously. RESOLUTION R-86-11 RELATING TO MSA STREET MAINTENANCE FUNDS Barnes explained that the engineering firm did not submit the request for MSA street maintenance funds before the deadline, and is now recommending the proposed resolution be adopted and referred to the State Aid office for consideration. Hard moved, seconded by Ciernia, that Resolution R-86-11 be adopted. Motion carried unanimously. RESOLUTION R-86-11 A RESOLUTION REQUESTING A VARIANCE FROM CURRENT MUNICIPAL STATE AID STANDARDS RESOLUTION R-86-12 RELATING TO TAX REFORM ACT OF 1985 Council briefly discussed a proposed resolution `submitted and recommended by Fiscal Consultant Steve Apfelbaeher, after which Baldwin moved, seconded by Ciernia, that Resolution R-86-12 be adopted. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 PAGE 5 RESOLUTION R-86-12 A RESOLUTION RELATING TO THE TAX REFORM ACT OF 1985 H.F.3838 1980 BILLBOARD ORDINANCE DETERMINED TO BE ENFORCEABLE Van de North commented on a letter dated January 14, 1986 from Naegele Outdoor Advertising Company indicating they are not required to remove the billboards at Larpenteur and Snelling and do not intend to voluntarily do so. After researching ther matter, Van de North was of the opinion that City code is enforceable based on State Statute and precedent setting court cases. He will draft a letter to Naegele to that effect. VARIANCE REQUEST FROM PAUL BAEHR, 1746 HOLTON, DEFERRED TO 3/12/86 The variance request from Paul Baehr, 1746 Holton, was deferred to the March 12, 1986 meeting to allow time to review newly acquired information. NEWSLETTER PUBLICATION - DISCUSSION Baldwin presented information on professional printing of the newsletter, and indicated one firm would do the pro3eet for approximately $370.00. S. Chenoweth explained that the local Insty Print also is interested in submitting a quote. The matter will be finalized upon receipt of further information from Insty Print. RECOGNITION RECEPTION FOR COMMISSION MEMBERS SCHEDULED FOR 3/16/86 Following a short discussion Baldwin moved, seconded by Chenoweth, that a reception for commission members be scheduled for March 16, 1986, 3:30 to 5:00 p.m., at a cost not to exceed $325.00. Motion carried unanimously. STATEMENT FROM BRIGGS AND MORGAN FOR LEGAL SERVICES DISCUSSED Chenoweth questioned the fees charged by the Briggs and Morgan Bond Department for the $745,000 Tax Increment Bond Issue ($7,500), charges for delivery service ($152.40), and the reasons for special messenger delivery. Van de North will obtain an explanation from the bond attorney, and Council will withold payment until a detailed explanation is made. MEETING EXTENDED UNTIL 10:45 OR UNTIL AGENDA ITEMS ARE COMPLETED Baldwin moved, seconded by Chenoweth, that the meeting be extended to 10:45 or until agenda items are completed. Motion carried unanimously. APPLICANTS FOR COUNCIL VACANCY TO BE INTERVIEWED 3/11/86 - APPOINTMENT TO BE MADE AT COUNCIL MEETING ON 3/12/86, 6:30P.M. Council discussed possible methods for interviewing applicants for the Council vacancy, after which it was decided that each member would list his top three choices. A tally of these lists resulted in four applicants, Gerald Wallin, 1859 Snelling, Elizabeth Emerson, 2129 W. Larpenteur, Randall Gustafson, 1775 W. Mary's, and Dennis Smith, 1725 St. Mary's. Ciernia moved, seconded by Hard, that a workshop be scheduled Por 6:30 p.m, March 11, 1986 to interview the applicants, and the March 12, 1986 Council meeting be scheduled for 6:30 p.m. Motion carried unanimously. ~~ ^~ %) r MINUTES REGULAR CITY FEBRUARY 26, PAGE 6 COUNCIL MEETING 19 86 Chenoweth moved, seconded by Ciernia, that the meeting be adjourned at 10:43 P.m. Motion carried unanimously. Tom Baldwin, Mayor ATTEST: ewan B. Barnes, Clerk Administrator Regular City Council Meeting of February 26, 1986 1 ~ CONSENT AGENDA REGULAR CITY COUNCIL MEETING FEBRUARY 26, 1986 1. Falcon Heights Fire Reports #1-00286 & #1-00386 2. Falcon Heights Ambulance Reports ~2-00986 - ~'2-01186 3. Lauderdale Fire Reports #3-00186 & ~3-00286 4. Lauderdale Ambulance Reports ~~-00286 - #~+-00486 5. Disbursements 2/12/86 - 2/26/86 $119,802.80 Sinking Fund $242,701.25 6. Payroll 2/1/86 - 2/15/86 $ 7,618.42 7. Park and Recreation Minutes of February 10, 1986 8. Prosecutors Statement for January, 1986 9. Statement from Briggs & Morgan for Services Rendered as Bond Counsel in Connection with $745,000.00 Tax Increment Bonds 10. Statement from Briggs & Morgan for January, 1986 11. License: General Contractor's License X1466 Lindstrom Cleaning & Construction, Inc. 9621 Tenth Ave. N. Plymouth,MN 55441