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Home My WebLink AboutCCAgenda_03Jun11i• CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 11, 2003 i• • A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ KUETTEL LAMB LINDSTROM TALBOT WORTHINGTON SHEA KODLUBOY ATTORNEY ENGINEER C. COMMUNITY FORUM: D. APPROVAL OF MINUTES: May 28, 2003 E. PUBLIC HEARINGS: None Scheduled F. CONSENT AGENDA: 1. General Disbursements through June. 6, 2003 in the Amount of: $ 20,493.08 Payroll (5/15/03-5/30/03) $ 12,412.41 2. Licenses G. POLICY AGENDA: 1. Variance Request for Dino's Gyros 2. Request to Allow Permit Parking on Garden Avenue 3. Consideration of the Development Agreements for the SE Corner Redevelopment Project: Falcon Heights Town Square Limited Partnership Town Square Senior Apartments LLC. Townhomes at Town Square LLC Multifamily Development Agreement June 6, 2003 TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 FALCON HEIGHTS CITY COUNCIL AGENDA June 11, 2003 G. POLICY AGENDA (continued) 4. Condemnation Resolution for: Snelling Avenue Frontage Road -South Portion Shopping Center and Adjacent Snelling Avenue Frontage Road Snelling Avenue Frontage Road -North of Larpenteur TAB 7 H. REPORTS FROM COUNCIL MEMBERS I. INFORMATION AND ANNOUNCEMENTS J. ADJOURNMENT • • -2- Multifamily Development Agreement June 6, 2003 • CITY OF FALCON HEIGHTS COUNCIL MINUTES MAY 28, 2003 Mayor Sue Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot Also present: City Administrator Heather Worthington and Deputy Clerk Mary Shea Kodluboy Mayor Gehrz, for the benefit of the television audience, described the beautiful quilt on the wall behind the Council dais, and said that it has been donated to the City. Last summer, young people enrolled in the City's quilting class made the quilt and it received a second place award of $250 in a contest sponsored by Colorful Quilts. COMMUNITY FORUM: There was no commentary from the audience. APPROVAL OF MINUTES: The Council minutes dated May 14, 2003 were unanimously approved as submitted. • PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Lindstrom moved that the Consent Agenda be approved, as presented and outlined below. The motion was unanimously approved. 1. General Disbursements through May 23, 2003 in the Amount of: $ 79,031.25 Payroll (5/01/03-5/15/03) $ 10,345.48 2. Licenses -The Council, to encourage residents to patronize local businesses, read aloud the names of the most current businesses renewing their licenses for 2003. POLICY AGENDA: Request for Authorization to Use a Portion of the Cit~pulation Allocation Funds from the Minnesota State Aid Account for the 2003 Seal Coating and Crack Sealing Project Administrator Worthington said that Falcon Heights is one of three cities in the state that has a fully certified local street system. Consequently, the City is allowed to use a portion of its MSA funds to cover the repair of local streets not on the State aid system. The resolution being • proposed authorizes City staff to go forward with a request to MN DOT for those funds, which will be used to pay for the 2003 Seal Coating and Crack Sealing Project. • FALCON HEIGHTS CITY COUNCIL MINUTES -2- May 28, 2003 RecLuest for Authorization to Use a Portion of the City's Population Allocation Funds from the Minnesota State Aid Account for the 2003 Seal Coating and Crack Sealing Project (continued) Administrator Worthington said the funds would be used to crack seal and seal coat streets in the North home area, the area where the streets and alleys were reconstructed last year. Council member Lindstrom asked if every street in that area will be covered and Administrator Worthington said all of the streets would be done, but not the alleys. Council member Lindstrom asked when the project would begin and how long it would take. Administrator Worthington said the project would be done in late July-early August because there needs to be a sustained temperature of about 85 degrees for the emulsion to adhere and solidify. The project will take a couple of days. Council member Talbot asked if the City will be using chipped granite and Administrator Worthington said yes, it is far superior. The City will try to get pink granite. Council member Kuettel asked when the Curtiss Field pond will be dredged because she is concerned about the effect the heavy trucks will have on the newly seal coated streets. • Administrator Worthington said the dredging won't occur until later and the trucks will be directed to the Snelling service road. Council member Talbot said that earlier City Councils were careful and planful when the City's streets were redone. Property owners were assessed for their share of the cost of the improvements, but because a majority of the City's streets are now completely redone and meet State aid standards, the City is eligible to use part of the Municipal State Aid System construction appropriation of the City State Aid allocation for street maintenance purposes with no assessments. The work done by Councils so many years ago is letting us benefit today. Mayor Gehrz and Administrator Worthington reminded the television audience that toilet paper is used to cover the crack sealing material to;protect it and keep it from adhering to tires. RESOLUTION 2003-09 Kuettel moved adoption of Resolution 2003-09 authorizing usage of a portion of the City's Population Allocation Funds from the Minnesota State Aid Account for the 2003 Seal Coating and Crack Sealing Project. The motion was unanimously approved. RecLuest to Adopt Resolution 2003-10, Accepting Low Bid from Jay Brothers, Inc. for the 2003 Street and Utility Improvements • Administrator Worthington said that six bids were received for the 2003 Street and Utility Improvements and the low bidder is Jay Bros., Inc., in the amount of $210,587.39. • • • FALCON HEIGHTS CITY COUNCIL MINUTES -3- May 28, 2003 Request to Adopt Resolution 2003-10, Accepting Low Bid from Jay Brothers, Inc. for the 2003 Street and Utilit,~provements Administrator Worthington said the six bidders were: 1. Jay Bros., Inc. $210,587.39 2. North Valley, Inc. 247,793.10 3. Northwest Asphalt, Inc. 247,752.00 4. Hardrives, Inc. $249,486.15 5. Bituminous Roadways, Inc. 271,247.20 6. Midwest Asphalt Corp. 289,903.00 The engineer's construction cost estimate for this project was $230,052.50 and the low bid from Jay Brothers, Inc. is approximately 8.5% below the engineer's estimate. The City bid the Sheldon Avenue street improvements and the Folwell water main replacement jointly, and the City will only be responsible for $59,998.04 of the total cost as the St. Paul Water Utility will pay the balance for the Folwell water main portion of the overall project cost. The City will bill the Utility upon being billed by the contractor. Council member Lindstrom asked if the City is mandated to go with the lowest bidder and Administrator Worthington said that by State statute, the City has to accept the lowest reasonable responsible bid. There will be an inspector from Howard R Green in the field daily. Mayor Gehrz asked how long it would take to be reimbursed by the St. Paul Water Utility and Administrator Worthington said they presently reimburse within 60 days. The City could also possibly arrange for them to pay this up front. RESOLUTION 2003-10 Lamb moved adoption of Resolution 2003-10 accepting the low bid of $210,587.39 from Jay Brothers, Inc., for the 2003 Street and Utility Improvements Project. The motion was unanimously approved. Administrator Worthington said there are two neighborhood meetings scheduled regarding this year's street and utility improvement projects. The first meeting is scheduled for Thursday evening, May 29, 7:00 PM, on Sheldon Street, to discuss the mill/overlay and curbing project. Sheldon, which is one block in length, will be blocked off and lemonade and cookies offered to residents. The second meeting will be held at City Hall on Thursday evening, June 12, 6:30 PM, with the residents living in the University Grove area, to discuss the water main replacement project. All of the residents living in that area have been invited because there will be times during the water main construction phase when their water will be turned off. 3 • FALCON HEIGHTS CITY COUNCIL MINUTES -4- May 28, 2003 Authorization for Mayor and City Administrator to Purchase LCD Projector and Laptop Computer for Training Purposes not to Exceed $5,000 Administrator Worthington said the City is interested in acquiring a LCD projector and laptop computer to use for training purposes related to the CERT training, staff training, and fire department training. In addition, the LCD projector and laptop will be very useful for community meetings and for special meetings such as Truth in Taxation. The anticipated cost for these purchases is $5,000 and the cost can be covered by budget allocations for computer purchases in the Capital budget ($4,000), training costs budgeted through the communications line item in Public Safety Capital ($5,000), as well as through the Fire Department training line item ($15,000). Costs will be allocated equally between departments. Council member Lamb asked if money from the CERT training grant could be used toward this. Mayor Gehrz said the grant funds have already been designated for specific purposes. The City will be able to better inform the community with this equipment. Kuettel moved approval of authorization for the Mayor and City Administrator to purchase a LCD projector and laptop, not to exceed $5,000. The motion was unanimously approved. • CERT Training Schedule Mayor Gehrz, for the benefit of the television audience, described the seven trainings, hosted by the Neighborhood Commission, that will begin in June. The trainings will cover basic skills that are important to know in the event of a widespread disaster when emergency services may not be immediately available. All of the sessions will be held at the Falcon Heights City Hall and will be taught by Dan Johnson-Powers, a member of the Falcon Heights Fire Department, and community volunteers Kris Grangaard and Tim Knautz, who have completed the CERT Trainer Program sponsored by FEMA. The cost for the seven trainings is $15.00 per person, and those who complete the training will be provided equipment and supplies worth approximately $100. New Brighton will be holding their trainings on Wednesday evenings and an agreement has been reached with them to permit their residents, and ours, to pick up trainings that might be missed because of vacation, illness, etc. There will be a fall session for people representing businesses in the community. The businesses may be asked to cover the full cost of the $100 kit. REPORTS FROM COUNCIL MEMBERS: Council member Lindstrom said that a number of residents living on Garden Avenue in Falcon Woods brought a petition before the Planning Commission requesting permit parking on Garden. About 10-15 people came out to speak for/against the petition. Staff and police officers monitored the parking on Garden for about two months and found that, at maximum, about nine cars were parking on the street, with the average daily vehicular count being about 4-5. The Planning Commission recommended denial of the permit-parking request. 4 • FALCON HEIGHTS CITY COUNCIL MINUTES -5- May 28, 2003 REPORTS FROM COUNCIL MEMBERS (continued) Mayor Gehrz said that she watched the Planning Commission meeting on cable and noted the Planning Commission recommended denial but asked that staff check to make sure that fire engines, emergency vehicles, and snow plowing equipment can make the tight turns in that area when vehicles are parked on the street. Staff is also to check on the vehicle count in that area in about six months. Administrator Worthington said that she has asked Public Works Director Maertz to look at the parking on the curves. Mayor Gehrz said that she received a letter from Peter Bell, Metropolitan Council, confirming that the City has been awarded a grant of $150,000 to support the home ownership element for the SE Corner. This will assist with the redevelopment costs. She and Administrator Worthington attended the meeting where this. was discussed, answered questions and showed City support for the project. The District 14 representative was very helpful to the City on this. Mayor Gehrz said the City has been notified by the police department that all of the City businesses passed the last tobacco compliance check. Letters will be going out to the businesses congratulating them. Administrator Worthington said the City will have an unpaid intern for the summer. His name is Dan Madsen and he is a first year law student at Hamline. He will be working on a wide variety of issues 20 hours a week. Mayor Gehrz said that he had also attended the University of Minnesota and had helped on an intergenerational dialogue a while back. He is a wonderful young man. The regular City Council meeting was adjourned at 7:40 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk • i• ITEM: Disbursements and Payroll CONSENT ITEM: F1 6/11/03 SUBMITTED BY: Roland O.Olson, Finance Director REVIEWED BY: Heather Worthington, City Administrator EXPLANATION/SUMMARY: 1. General Disbursements through June 6, 2003 in the Amount of $ 20,493.08 2. Payroll (5/15/03-5/30/03) in the Amount o£ $ 12,412.41 ATTACHMENTS: • General Disbursements and Payroll ACTION REQUESTED: • • Approval • Multifamily Development Agreement June 6, 2003 DATE 06/02/03 TIME 05:06 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1 APPROVAL OF BILLS PERIOD ENDING: _6-6-03 21`iECK# VENDOR NAME DESCRIPTION DEPT. AMOUNT 42334 GARDEN VIEW CAFE WORKSHOP REFRESHMENTS LEGISLAT 38.27 42330 LEAGUE OF MN CITIES LEAGUE CONF-MAYOR GEHRZ LEGISLAT 295.00 42330 LEAGUE OF MN CITIES LEAGUE CONF- TALBOT LEGISLAT 295.00 42330 LEAGUE OF MN CITIES LEAGUE CONF- KUETTEL LEGISLAT 295.00 WILLIAMS MEDIATION MEDIATION FACILITATOR LEGISLAT 325.00 LILLIE SUBURBAN NEWSPAPER LEGAL ORDINANCE 3-4 LEGISLAT 14.45 *** TOTAL FOR DEPT 11 1,262.72 AMERICAN OFFICE PRODUCTS STAPLER/CLIPS/PENS/DISKS ADMINIST 43.21 ICMA RETIREMENT TRUST 457 MAY/03 WORTHINGTON ADMINIST 200.00 42330 LEAGUE OF MN CITIES LEAGUE CONF- WORTHINGTON ADMINIST 295.00 42331 MN CITY/COUNTY MANAGEMENT MEMBERSHIP 2003 ADMINIST 80.00 42333 PERA MAY 16-31 PERA WITHHODGS ADMINIST 1,489.64 ROSEVILLE ROTARY CLUB APR/JUNE DUES/MEALS ADMINIST 255.00 *** TOTAL FOR DEPT 12 2,362.85 i• KERN, DEWENTER, VIERE LTD BALANCE 2003 AUDIT EXPS FINANCE 3,000.00 *** TOTAL FOR DEPT 13 3,000.00 NORTH SUBURBAN ACCESS CO. 1ST QTR WEBSTREAMING COMMUNIC 163.69 NORTH SUBURBAN ACCESS CO. 1ST QTR INTERNET COMMUNIC 140.30 MCI WORLDCOM RES SVC LONG DISTANCE CHARGES COMMUNIC 9.66 *** TOTAL FOR DEPT 16 313.65 NCPERS GROUP LIFE INS JUNE/03 JONES PLANNING 16.00 *** TOTAL FOR DEPT 17 16.00 XCEL ENERGY ELECT FOR EMERG SIREN EMERGENC 6.28 *** TOTAL FOR DEPT 21 6.28 HUGHES & COSTELLO JUNE/03 PROSECUTING PROSECUT 2,566.25 *** TOTAL FOR DEPT 23 2,566.25 AMERIPRIDE LINEN&APPAREL LINEN CLEANING FIRE HALL FIRE FIG 47.57 KEEPRS,INC./CY'S UNIFORMS 2 CAPTAIN FIRE BADGES FIRE FIG 84.64 EMERGENCY APPARATUS MAINT 753-AIR SYSTEM REPAIRS FIRE FIG 191.37 EMERGENCY APPARATUS MAINT 752-REPAIR STARTING PROB FIRE FIG 856.70 GLENWOOD INGLEWOOD H2O AND COOLER RENTAL FIRE FIG 13.20 LIBERTY ART WORKS INC LEO'S RETIREMENT AWARD FIRE FIG 340.00 NFPA INTERNATIONAL VIDEO'S FOR TNG FIRE FIG 185.96 SUPERAMERICA FUEL FIRE FIG 48.00 *** TOTAL FOR DEPT 24 1,767.44 BROWNING-FERRIS IND. JUNE/02 WASTE REMOVAL CITY HAL 254.81 TRUGREEN-CHEMLAWN FERTILIZER/WEED CONTROL CITY HAL 185.31 CINTAS CORPORATION #470 RUG SVC CITY HALL LOBBY CITY HAL 32.48 GLENWOOD INGLEWOOD H2O AND COOLER RENTAL CITY HAL 13.20 XCEL ENERGY GAS CITY HAL 85.24 XCEL ENERGY ELECT 6/2 CITY HAL 778.03 VERIZON WIRELESS CELL PHONE CITY HAL 17.94 *** TOTAL FOR DEPT 31 1,367.01 I 2332 HOME DEPOT CRC/GECF PEAT MOSS/PREAN-N-GRO STREETS 76.87 DATE 06/02/03 TIME 05:06 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 2 APPROVAL OF BILLS ~ PERIOD ENDING: _6-6-03 CK# VENDOR NAME -------- ------------------- DESCRIPTION ------ ------------------------ DEPT. -------- - AMOUNT ---------- 42332 HOME DEPOT CRC/GECF PREAN-N-GRO/GLOVES/FERTL STREETS 187.06 XCEL ENERGY ELECT 6/1 STREETS 9.47 XCEL ENERGY ELECT 6/1 STREETS 75.30 XCEL ENERGY ELECT 6/1 STREETS 7.40 XCEL ENERGY ELECT 6/1 STREETS 89.17 XCEL ENERGY ELECT 6/1 STREETS 1,829.90 XCEL ENERGY ELECT STREETS 8.52 XCEL ENERGY ELECT STREETS 103.41 XCEL ENERGY ELECT STREETS 39.23 *** TOTAL FOR DEPT 32 2,426 .33 KINGS TRUE VALUE BRIGHT RED SPRAY PAINT TREE PRO 3.81 *** TOTAL FOR DEPT 34 3 .81 TRUGREEN-CHEMLAWN FERTILIZER/WEED CONTROL PARK & R 110.76 TRUGREEN-CHEMLAWN FERTILIZER/WEED CONTROL PARK & R 121.98 ICMA RETIREMENT TRUST 457 MAY/03 MAERTZ PARK & R 100.00 ICMA RETIREMENT TRUST 457 MAY/03 TRETSVEN PARK & R 100.00 NCPERS GROUP LIFE INS JUNE/03 MAERTZ PARK & R 16.00 XCEL ENERGY ELECT/GAS COMM PK PARK & R 300.42 XCEL ENERGY ELECT 6/1 PARK & R 21.66 XCEL ENERGY ELECT 5/20 PARK & R 22.25 SUPERAMERICA FUEL PARK & R 229.21 • QWEST TELEPHONE PARK & R 111.77 *** TOTAL FOR DEPT 41 1,134 .07 BROWNING-FERRIS IND. SOLID WASTE MGMT TAX SOLID WA 43.32 BROWNING-FERRIS IND. RAMSEY CTY CEC CHARGE SOLID WA 142.69 E-Z RECYCLING, INC. JUNE/03 RECYCLING SOLID WA 2,559.40 *** TOTAL FOR DEPT 56 2,745. 41 OFFICE MAX CREDIT PL AN DESKJET 3820 PRINTER GENERAL 157.60 *** TOTAL FOR DEPT 63 157. 60 XCEL ENERGY ELECT 6/1 SANITARY 120.74 *** TOTAL FOR DEPT 75 120. 74 EHLERS AND ASSOCIATES TIF PROJECTIONS/SNELLARP COMM. DE 1,050.00 *** TOTAL FOR DEPT 79 1,050.00 REED CONSTRUCTION DATA BID PUBLICATION HOYT AVE 192.92 *** TOTAL FOR DEPT 65 192.92 *** TOTAL FOR BANK O1 20,493.08 *** GRAND TOTAL *** 20,493.08 • 8 PERIOD END DATE 05/30/03 ****FILE UPDATED**** SYSTEM DATE 05/27/03 C H E C K R E G I S T E R CHECK CHECK EMPLOYEE NAME TYPE DATE NUMBER PAGE 1 CHECK CHECK NUMBER AMOUNT COM 5 30 03 6 SUSAN GEHRZ 32806 303.34 COM 5 30 03 12 LAURA A. KUETTEL 32807 277.05 COM 5 30 03 13 PETER C. LINDSTROM 32808 277.05 COM 5 30 03 14 RICHARD P TALBOT JR 32809 177.05 COM 5 30 03 15 ROBERT E LAMB 32810 277.05 COM 5 30 03 34 CLEMENT KURHAJETZ 32811 280.74 COM 5 30 03 42 MICHAEL D CLARKIN 32812 108.52 COM 5 30 03 66 ALFRED HERNANDEZ 32813 55.41 COM 5 30 03 74 MARK J ALLEN 32814 138.52 COM 5 30 03 85 DANIEL S JOHNSON-POWERS 32815 54.64 COM 5 30 03 91 RICHARD H HINRICHS 32816 38.64 COM 5 30 03 1003 HEATHER WORTHINGTON 32820 1497.06 COM 5 30 03 1013 WILLIAM MAERTZ 32821 1543.11 COM 5 30 03 1030 MARY A. KODLUBOY 32822 1242.97 COM 5 30 03 1033 DAVE TRETSVEN 32823 1110.84 COM 5 30 03 1036 DEBORAH K JONES 32824 884.41 COM 5 30 03 1103 DIANE MEYER 32825 662.70 COM 5 30 03 1136 ROLAND 0 OLSON 32826 1297.61 COM 5 30 03 1143 COLIN B CALLAHAN 32827 787.75 COM 5 30 03 1144 ANITA TWAROSKI 32828 265.72 COM 5 30 03 1169 JAY PAUL KURTIS 32829 334.42 COM 5 30 03 1170 ERIC J BLOMQUIST 32830 366.36 COM 5 30 03 1173 ELIZABETH M POSTIGO 32831 431.45 i~ COMPUTER CHECKS 12412.41 MANUAL CHECKS .00 NOTICES OF DEPOSIT .00 ****TOTALS**** 12412.41 • • CONSENT ITEM: F2 6/11/03 ITEM: Licenses SUBMITTED BY: Mary Shea Kodluboy/Deputy Clerk REVIEWED BY: Heather Worthington, City Administrator EXPLANATION/SUMMARY: Outlined below is a list of additional license applications or renewals for 2003 ROOFING CONTRACTOR Ettel & Franz Roofing Company, Saint Paul HOME OCCUPATION PERMIT Gloria A. Burgess, private psychology practice 1488 West Idaho Avenue, Falcon Heights • • ACTION REQUESTED: • Approval Multifamily Development Agreement June 6, 2003 /o • C7 POLICY ITEM: G1 6/11/03 ITEM: Variance Request for Dino's Gyros SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Deb Jones, Planning and Zoning Coordinator EXPLANATION: Summary: George Sherman, the developer of the SE Corner project, submitted a site plan in late April for the new Dino's restaurant which is proposed for the current site on the NE corner of Snelling and Larpenteur Avenues. The original site plan called for a front yard setback of 10.9 feet, and a lot coverage variance of 8.9% from the required 25%. Subsequently, the Planning Commission voted unanimously at their May 27~` meeting to recommend approval of the front yard setback variance, and recommend denial of the lot coverage variance. After the Planning Commission meeting, the staff received two amended site plans from Sherman and Associates, the second of which addressed the lot coverage requirements for a total of 25.5%. This site plan also eliminated the drive-thru, which had been a concern of the residents in the immediate area. As such, the lot coverage variance request is withdrawn for the purposes of the Council action tonight. The front yard setback variance is still required for Dino's to meet zoning requirements. ATTACHMENTS: • Notes from the May 27~' meeting • Amended site plan (will be submitted prior to meeting) ACTION REQUESTED: • Motion to approve the front yard setback variance of 10.9 feet for a new Dino's Gyro's Restaurant. Multifamily Development Agreement June 6, 2003 • Notes from 5/27/03 Planning Commission Meeting Presentations on proposed Dino's Restaurant Administrator Worthington • Site plan was submitted to the City in late April. • Two variances under consideration tonight: front setback and lot coverage/landscaping • Dino's represents slight improvement over present configuration • At May 13 meeting residents voiced concerns over traffic and drive-through. Other issues were drive-through loudspeaker, fence and landscaping. • Task force will be recommended to Council to look at issue of traffic in that neighborhood; there has already been some resident interest in serving. Dan Cornejo, City Planning Consultant • Cited his report on an earlier plan (see Commission packet) and outlined issues. • Doubts any permitted use could meet all requirements. • This site plan revision is good attempt to strike balance and to improve the existing configuration. Kevin Pape ofH.R. Green on the traffic study commissioned by City • Counts were made last week, mid Tuesday to midday Thursday. Tubes were laid down for count and speed. • Volumes comparable to counts in 2000: 1000/day on Arona, 800/day on Crawford, light compared to • similarly classified streets. Truck traffic "not atypical." Noon and peak hours in line with what was expected. • Observer data was collected also on cut-through traffic during peak hour, 4 - 6 p.m. (Heaviest between 4:45 - 5:45) • Approximately one-third of Arona traffic, half of Crawford traffic is cut-through [to avoid Snelling/Larpenteur intersection, state's 3`d busiest]. • Speed: 85th percentile below speed limit of 30 m.p.h. One block is not much distance to accelerate. • Fast food restaurant with drive-through will bring additional traffic, including 30 - 40 cars in each of the two peak periods, noon and late-day. Hearing on Variances for proposed Dino's Restaurant Comments and questions: • Resident has collected 27 names on a petition to keep Embers. Feels this is a "suspect deal." Read aloud letter that was sent to Council and Commission. • Resident who moved to FH because it seemed a good community to raise children: supports SE Corner and loves Dino's (strongly disagrees with previous speaker that sentiment of May 13 meeting was to keep Embers), but feels drive-through is unacceptable. Traffic study should have included the weekend. Concern about not having required 25% landscaping. • Problem in the alley hasn't been addressed -speed, danger to someone backing out of garage, cars not yielding at Arona. Drive-through doesn't "fit" neighborhood. • Plan as a whole is improvement on site, but concern about noise from drivethrough -not loudspeaker but waiting cars. • Neighborhood deserves better -more landscaping, less drive-through. This benefits one interest to detriment of neighborhood. Multifamily Development Agreement June 6, 2003 • Owner of Embers business says landlord has assured him he has no firm offer and intends Embers to continue. • Resident has concerns about drive-through at night, lights. Embers is good at night because "nothing is going on." Chose FH because of friendly, small-town feel; traffic increase will give second thoughts. Dino's can control speaker volume but not customer behavior. Has contacted realtor to ask about impact on property values. Realtor's response was, "You absolutely don't want adrive- through." • George Sherman: Reality is that a restaurant will probably be there; economics require adrive- through. The variances are reasonable. Setback is consistent with other buildings and will be 50-60 feet back if Snelling easement is acquired. Landscaping would be more than existing and reasonable considering other constraints. He confirmed purchase agreement has been signed, earnest money paid. • Resident said she didn't like underlying threat of something else coming into neighborhood if Dino's doesn't. • Resident suggested "destruction of neighborhood" more expensive proposition. Young children most affected by lower amount of landscaping, increased traffic. Named individual little children in neighborhood who will be subjected to hardship. • Why was 25% landscaping required? Must be for. good reason. "Don't pave paradise." • ? (to be added from review of video) • Jason Adamidis for Dino's: Outlined improvements to fence, screening. Gave family point of view on desire to stay in FH, own land under their business, need for drive-through to justify large investment. • Clark Wicklund, Alliant Engineering: Designers exhaustively explored other options for positioning of building and drive-through on site. This configuration accomplishes many things for both Falcon Crossing mall and Dino's. • Embers employee cites a lot of feedback from Embers customers, thinks land [ownership] issue has not been discussed. • Resident: Could drive-through be open only for lunch? Jason: Too confusing to customers; they would keep their current hours (Mon. -Thurs. 10 - 10, Fri. -Sat. 10 to 11, Sunday 10 to 9). • Jason A: Dino's and Sherman have been working on this for about a year. • Lageson to City Attorney: What happens to variances if land purchase does not happen? Answer: Variances only apply if purchase goes through. • Harris: If Dino's is not approved, does it stop SE Corner? Worthington: Not necessarily. • Lukerman: Is it within purview of City to set hours of operation? Worthington: No. • Ryan: Can variance be passed with conditions? City Attorney: Cannot impose conditions without some nexus between the conditions and the variance. [Note: the drive through as designed is code- compliant.] • Harris: Can variances be voted on separately? Answer: Yes. • Resident: Why are we talking about variances when land has not changed hands? Worthington: City has an understanding that a purchase agreement is in effect. Hearing closed. Motion (Lukermann/? to be added from review of video) to recommend approval of variance on front setback. Discussion. • Action: Motion carried. Multifamily Development Agreement June 6, 2003 • Motion (Maher/Harris) to recommend denial of variance on lot coverage. Discussion • ? (to be added from review of video) • ? (to be added from review of video) • Lukermann: Vote should be because 8.6% landscaping is not adequate, not because of drive- through. • Ryan: Commission studied this issue extensively last year. • Ryan: Current use does not conform. Action: Motion carried. Information and Announcements Adjourn Note: These notes are based on written notes made during the meeting. They do have some gaps which will be corrected in the official minutes from review of the video tape. The notes also may include some audience comments that are not audible on the video. ~~ • Multifamily Development Agreement June 6, 2003 • • • POLICY ITEM: G2 6/11/03 ITEM: Request to Allow Permit Parking on Garden Avenue SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Deb Jones, Zoning and Planning Coordinator EXPLANATION: Summarv: In March 2003, a resident on Garden Avenue submitted a petition for permit parking on Garden Avenue. This plan was reviewed by staff, and forwarded to the Planning commission for their consideration at the May 27~' meeting. Staff monitored on-street parking in that area during the months of April and May. At various times, staff observed between two and nine vehicles parked in that area. The day on which nine vehicles were observed, two of them belonged to contractors doing work on a house in the area. Subsequently, staff recommended denial of the request, due to relatively little on-street parking, and the difficulty in enforcing permit parking in other areas of the city. The Planning Commission voted unanimously to recommend denial of the request to the city council, with the direction that staff should look for alternative ways to address the concerns of residents (listed in the notes below). ATTACHMENTS: • Notes from the 5/27/03 Planning Commission:meeting ACTION REQUESTED: • Motion to deny application for a permit parking area on Garden Avenue. Multifamily Development Agreement June 6, 2003 1S • Falcon Heights Planning Commission Tuesday, May 27, 2003 Informal Notes Commissioners present: Ryan, Ziebarth, Harris, Lageson, Lukermann, Maher, DeLeo, Councilmember Lindstrom. Also Soren Mattson for the City Attorney, H. Worthington, D. Jones Hearing: Permit Parking on Garden Avenue Audience comments: • Non resident parking has been escalating problem for the last 3 - 5 years. Some walk south; some take bicycles. Has become a nuisance. Parking on both sides. Hinders construction work, etc. • Does restriction apply to Moore Street also? (Answer: no) Resident is concerned about cost of permit to park on her own street. • Won't restriction on parking push the problem north? • Resident who lives 3 houses from path says he is not impacted by problem but is concerned about permit parking being nuisance for visitors, added inconvenience for residents. • "Impossible" to have guests any time during the week, or service vehicles. Afraid for life of her 5- year old riding bike - no sidewalks. School bus and garbage trucks have a difficult time getting through. • Why should people pay for the privilege of parking in front of their own house? Purpose should be to identify cars that "belong." "Another government shakedown." • Resident cited inconvenience of permit parking around his church in Midway area of St. Paul. ® Makes it difficult for snowplow. (Worthington: Snow emergency rules apply in that neighborhood as in whole city.) • Worry that parking will "filter down" through neighborhood. It's a quiet neighborhood, desirable parking. Even on Roselawn parking has increased. • Resident (from another part of city) cited difficulty of getting parking on campus: 8 month wait, then pay $80/month • Worry about impact of Farmer's Market. Gibbs Farm is now charging $1.50 a day. Expressed concern at not being able to back into her own driveway. • Another neighbor (not personally impacted by parking) observes the same 2 - 4 cars. If pathway was closed, people would be trespassing to walk through. Maybe closing path would be cheaper. She doesn't want to pay to park in front of her own house -inconvenience. • Couldn't UM police enforce or pay for enforcement? Commissioner and audience questions and staff responses • Ziebarth and Harris: Enforcement and cost of enforcement? Worthington outlined enforcement procedure, very time-intensive. Cost $30 - $40/hour. At present only 1 officer assigned to whole city at a time. Parking fine set by legistlature. • Is permit parking 24 hour? Lukermann: No; in Grove it is M - F, 8:00 - 4:30. Two-hours allowed without permit. • Harris asked for comment on the observation log Commissioners received. Jones described the procedure and summarized the results. Largest number of cars parked was 9 on May 8 including 2 yard service vehicles. [Note: At least 16 spaces are available, 2 - 3 cars would be norm for visitor/resident parking.] • Where is permit parking now? Worthington: All of Tatum, selected parts of Grove. Some are 1- hour. • Ziebarth: One-side parking might exacerbate problem by concentrating cars. Multifamily Development Agreement June 6, 2003 • Worthington: If parking is especially troublesome on the curve, one option would be to sign the curve for No Parking. • Ryan: Are residents concerned about the "kind of people" parking there? Resident: Person approached her in her garage, asking for a jump start; she was frightened. • Crime incidents in neighborhood? Jones: This neighborhood is remarkable for lack of any mention at all in weekly police reports. Hearing closed. Motion (Harris/Ryan): Recommend against petition but direct staff to explore other alternatives and to address residents' concerns. Discussion • Permit parking seems a harsh solution • Could City be challenged for arbitrarily barring parking on public street? • Proposed area seems too small; problem would just move. • Who uses the pedestrian path? City should find out. Action: Motion carried Motion (Ziebarth/Ryan): Directing staff to report back to Commission in no more than six months. • Action: Motion carried. C Multifamily Development Agreement June 6, 2003 POLICY ITEM: G3 6/11/03 ITEM: Consideration of the Development Agreements for the SE Corner Redevelopment Project: FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP TOWN SQUARE SENIOR APARTMENTS LLC TOWNHOMES AT TOWN SQUARE LLC SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Roger Knutson, City Attorney Tom Scott, Campbell Knutson Jim Prosser, Ehlers Mark Ruff, Ehlers EXPLANATION: Summary: The council is being asked to review and approve the development agreements for the SE Corner project. There are three agreements~ne for each component of the • redevelopment: multi-family, senior housing, and townhomes. These agreements set forth the conditions. of the development, including the financial stipulations for the redevelopment, including the TIF provisions. Mr. Prosser and Mr. Knutson will be availableto~ answer questions about the development agreements. ATTACHMENT: • Development agreements ACTION REQUESTED: • Approval of development agreements for the Multi-family, Senior and Townhomes. • Multifamily Development Agreement June 6, 2003 • DEVELOPMENT AGREEMENT By and Between THE CITY OF FALCON HEIGHTS and FALCON HEIGHTS TOWN SQUARE LIMITED PARTNERSHIP DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK: srn Multifamily Development Agreement June 6, 2003 • LIST OF SCHEDULES • • SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E SCHEDULE F SCHEDULE G SCHEDULE H SCHEDULE I SCHEDULE J SCHEDULE K SCHEDULE L Description of Multifamily Development Property Site Plan for Falcon Heights Town Square Description of Senior Development Property Description of Townhome Development Property Business Subsidy Agreement Certificate of Completion Multifamily TIF Note Plat of Falcon Heights Town Square Restaurant Parcel Shopping Center Parcel Snelling Avenue Parcel Quit Claim Deed Multifamily Development Agreement June 6, 2003 ~o