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PLANNING COMMISSION AGENDA
January 28, 1991
7 p.m.
A. CALL TO ORDER
B. ROLL CALL: Barry Boche Daykin Duncan
Finnegan _ Nestingen - Gibson Talbot
C. APPROVAL OF MINUTES: December 17, 1990
D. COUNCIL MEETING MINUTES: January 9, 1991 (if available)
E. ELECTION OF OFFICERS FOR 1991
F. REPORTS, REQUESTS, RECOMMENDATIONS:
1. Report on the proposed termination of the conditional
use permit at J.J.'s Pool and Game Arcade at 1544 W.
Larpenteur Avenue under Section 9-15.04(5) of the zoning
code.
2. Report on the proposed method of terminating conditional
use permits as part of the conditional use permit
process.
3• Discussion of the proposed concept plan and policies to
be included in the Comprehensive Plan.
G. ADJOURN
A b-~ ND,¢ ~~ ~
REGULAR PLANNINGNCOMMISSION MEETING
DECEMBER 17, 1990
7:30 p.m.
Meeting was called to order at 7:30 by Chairperson Boche
PRESENT:
Barr, Boche, Daykin, Finnegan, Nestingen, Gibson Talbot
Cernia, Hoyt
APPROVAL OF MINUTES
Minutes of November 26, 1990 meeting were unanimously approved
as written.
PROPOSED SCHEDULE FOR COMPREHENSIVE PLAN
City Planner Hoyt reviewed a tentative timetable for completion
of the comprehensive plan. This includes the distribution of
the draft policies and concept plan to the Solid Waste, Human
Rights and Park Commissions for their information and comments
during January. If the comments are significant, the Planning
Commission will-hold a workshop on January 22, 1991 to discuss
them prior to the regular January 28, 1991 Planning Commission
• meeting where the public will be involved for a-final review of
the plan and policies.
PROPOSED CONCEPT PLAN AND DRAFT POLICIES
T e Commission reviewe t e ra t concept plan and policies.
All land use aspects of the plan were discussed. The following
key decisions were made:
1. Nei hborhood service center located in the vicinity of Lindig
S ree an Larpenteur Avenue (Concept Plan)
Commissioners discussed the need for and the desirability of
a neighborhood service center in the vicinity of B & J
Florist along Larpenteur Avenue. It was felt that the
proposed use might increase congestion and traffic near the
neighborhood, be unnecessary for residents due to nearby
quick mart stores at Eustis and Larpenteur, Snelling and
Larpenteur and In St. Anthony Park. The Commission was also
g generate along
TatumrStreetoutCot~issionereNestingen moved to remove t
proposed location of a neighborhood service center fromhthis
location. The motion carried unanimously.
2. Notation of the Gibbs Schoolhouse as an Historic Site
(Concept Plan)
The notation of the Gibbs Schoolhouse as an historic site was
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left in the conceit plan due to the Ramsey County Historical
Society~s recent interest in preserving the property, if
possible, at this location. Commissioners did not express
strong feelings about the long-term value of the building
site.
3. Transportation Policy #7
"To cooperate with the University of Minnesota in
reducing its dependence on Cleveland Avenue as a main
entrance to campus;~~ and the concept plan notation of
a collector street along Arlington through the State
Fairgrounds.
These items were eliminated due to discussions with the
University of Minnesota planner, Harry Turner, who indicated
no major traffic changes were currently. being proposed by the
University.
4. Residential designation along the southside of Larpenteur
including Hermes and Guardian Photo (Concept Plan)
Commissioners recommended chancing this area from a
residential designation to limited business designation
because the limited business designation accommodates both
apartment uses as well as wholesaling and light manufacturing
• uses. Any increased limited business use of this area was
not viewed as detrimental to the residential areas in the
City due to its contained location on the southside of
Larpenteur by the agricultural fields.
5. Commercial growth along the northern State Fairgrounds
parking (Policy)
In the event that the State Fair parking lot adjacent to
Ho ywoo Court and/or that a light rail transit stop would
locate in the vicinity of Larpenteur and Snellinc
Commissioners felt that Hollywood Court, now a single family
residential neighborhood, might undergo pressure to change
from residential to commercial use. Therefore, the
Commission recommended adding a policy that under the above
circumstances, all of Hollywood Court, not a portion of it,
might be redeveloped for a commercial use.
6. Redevelopment beyond the existing commercial boundaries
(policy)
Commissioners discussed how to address the possibility that
redevelopment, especially on the SW corner of Larpenteur and
Snelling, be handled if it proposed to extend beyond the
existing commercial area. The Commission decided that this
type of redevelopment should not be encouraged. However, if
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a desirable redevelopment proposal came forward that
integrated adjacent land uses, it should take only and all,
not a portion of the remaining block, and be required to have
larger setbacks and be well integrated into the adjacent
residential neighborhood. The Commission requested staff to
discuss this policy with the planning consultant.
7. Three Story or 35 foot Height Limit
After much discussion, the Commission decided to retain the
three story height limit in the comprehensive plan.
Commissioners suggested that the southeast corner of Snelling
and Larpenteur might .require a taller building to make a
redevelopment financially feasible. Planner Hoyt explained
that the limit could be changed by amending the comprehensive
plan if the right development came along, and was a useful
guideline for the entire city. Council member Cernia pointed
out that the City does not have a fire truck with a ladder to
serve taller structures. Commissioner Gibson Talbot said
residents adjacent to the southeast commercial property might
be uncomfortable with the elimination of the height limits.
The Commission decided to retain the height limit.
REVIEW OF CONDITIONAL USE PERMIT FOR J.J.'S POOL & GAME ARCADE
1544 Larpen eur Avenue Wes
• Planner Hoyt reported that there were 15 police calls at J.J.'s
since January, 1990. Nine of the 15 were related to fights and
assaults. Only one neighbor complained about the facility.
Reviewing the conditional use permit, it appears that several
conditions regarding security need attention from the property
owner. The Commission directed staff to meet with the owners of
J.J.'s and the police to determine ways to improve security for
the business. The City may revoke the businesses conditional
use permit if the conditions are not met.
REVIEW OF CONDITIONAL USE PERMIT FOR COIFFURE DE CHIEN
1660 Sne 1n venue
P anner Hoy repor~ed that no problems came to the attention of
the City. Therefore, it appears that all conditions are being
met.
REVIEW OF "NO PARKING BETWEEN SIGNS" ON ARONA BETWEEN CALIFORNIA
D T
Planner Hoyt reported that no police reports indicated any
safety problems at the alley along Arona. She also said that
people were obeying the no parking signs. However, people still
parked adjacent to the McAllister property at 1513 California.
When asked, Ms. McAllister said the safety problem had been
improved, but she would prefer cars not park next to her home.
The Commission recommended no action be taken since no safety
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problem existed.
REPORT ON THE TERM OF CONDITIONAL USE PERMITS
In response to a request from the Commissions at the previous
meeting, Planner Hoyt reported that the City identifies the
conditional use permits go with the land, not the business. In
a telephone conversation with City Attorney, Tom Gedde, he
recommended that -the City terminate conditional use permits when
a business closes. The Commission asked staff to review the
best way to do this with the City Attorney and report back.
PLANNING COMMISSION MEETING SCHEDULE AND RE-APPOINTMENTS
T e erms or Commissioner Barry an Commissioner Finegan expire
in 1991. Commissioner Barry is eligible for a three year term.
Commissioner Finegan is eligible for a two year term because he
has served nearly six years.
The meeting adjourned at 9:30 p.m.
Dee Swenson, Recor ing Secre ary
Susan oy Ci y P anner
Meeting Date 1-28-91
Agenda Item F-1
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CITY OF FALCON HEIGHTS
PLANNING COMMISSION
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ITEM DESCRIPTION: Report on the proposed termination of the
con 1 Iona use permit for J.J.'s Pool and Game Arcade at 1544
West Larpenteur Avenue in a B-2 zone
SUBMITTED BY:
Jan Wiessner, City Administrator
Susan Hoyt, City Planner
EXPLANATION/DESCRIPTION:
Under the direction of the Planning Commission, the City
Administrator and the City Planner met with the owners and
operators of J.J.'s Pool and Game Arcade at 1544 West Larpenteur
Avenue to discuss their failure to comply with conditions three,
six, nine, and ten of the conditional use permit as amended on
August 9, 1989. The purpose of the meeting was to determine
methods for the owners to meet the conditions. After a thorough
review of the unmet conditions and the possible solutions for
meeting them, the staff and the business owners determined that
the conditions cannot be met at this time. Therefore, staff
recommends that the City Council terminate the conditional use
permit. The details of this finding are in Attachment 1.
Attachment 1 - Memo from City Planner dated 1/21/91
Attachment 2 - Conditional use permit as amended for 1544
West Larpenteur
Attachment 3 - Memo from Tom Alleva, Roseville Police,
11/14/90
Attachment 4 - 9-15.041(5) Termination procedures
ACTION REQUESTED:
1. Make recommendation to the City Council
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l~bE,~aa=~,i F I
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CIiY Of
FALCON HEIGHTS
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
MEMORANDUM
DATE: January 21, 1990
TO: City Council
Planning Commission
FROM: Susan Hoyt, City Planner -..~
RE: Report on the Proposed Termination of the Conditional
Use Permit for J.J.'s Pool and Game Arcade at 1544
W. Larpenteur Avenue
BACKGROUND
On February 8, 1989, the City Council granted a conditional use
permit to Messrs. Joe and Jim Sacco for the operation of a pool
and game arcade at 1544 West Larpenteur Avenue in a B-2
• commercial zone. On August 9, 1989, the conditions of the
permit were amended at the request of the business owners
(Attachment 2). J.J.'s Pool and Game Arcade has been operating
since May 15, 1989.
PLANNING COMMISSION REVIEW
Condition eleven requires the Planning Commission to routinely
review the business operation to assure its conformance to the
required conditions. On December 17, 1990, the Planning
Commission reviewed the J.J.'s Pool and Game Arcade conditional
use permit as part of a routine permit review. The Commission
determined that conditions three, six, nine and ten were not
being met as evidenced by the nine police calls relating to
assaults from January to mid-October, 1990 (Attachment 3). The
Planning Commission requested that City staff meet with the
owners of J.J.'s to determine how the business operation could
meet these conditions.
STAFF MEETING WITH J.J.'S OWNERS AND OPERATORS
On January 14, 1991, Jan Wiessner, City Administrator, and Susan
Hoyt, City Planner, met with Messrs. Joe and Jim Sacco, owners
and operators of J.J.'s Pool and Game Arcade, to review their
failure to meet the following conditions:
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HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE
~~~ ~ PRINTED ON RECYCLED PAPER
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CONDITION 3: The back door will be an exit only, conforming
to Fire Code.
CONDITION 6: The property owner will post on the exterior
of the premises "no loitering" and will
prevent any loitering in common areas within
the building or in the parking areas and
sidewalks adjacent to the building.
CONDITION 9: Game room management will take all reasonable
action to expel intoxicated persons and will
allow no disorderly conduct on the premises,
parking areas and adjacent sidewalks.
CONDITION 10: Adequate adult supervision will be provided
until one-half hour after closing to ensure
that the health, safety and welfare and
existing community standards of peace and
quiet are maintained. At Council's
discretion, additional supervisory and/or
security personnel may be required.
EVIDENCE OF VIOLATIONS
The Roseville police report indicated that patrons used the rear
• exit (Condition 3). The report also indicated that patrons were
fighting inside as well as outside the business on the sidewalk
and in the parking lots (Conditions 6, 9, 10). Patrons also
removed the "No loitering" signs from the premises (Condition
6). The nine police calls to the business relating to fights
and assaults represent 47 percent of all assault related police
calls in the City during 1990. This clearly indicates a
disruption to the existing community standards of peace and
quiet (Condition 10).
Messrs. Joe and Jim Sacco indicated that during the first nine
months of operation there were no problems. However, during the
past year a small percentage of their patrons caused recurring
difficulties. The owners attempted to control these problems by
immediately evicting trouble-making patrons. However, they said
they cannot anticipate assaults and fights nor totally control
problems on property outside the business. The business owners
indicated that controlling the rear exit was impossible because
patrons entered J.J.'s establishment through the rear entrances
of the adjacent businesses, which was unpopular with the
adjoining business owners and defeated the purpose of
controlling the rear exit of J.J.'s.
POSSIBLE SOLUTIONS
City staff proposed three solutions to assist the business
operations in meeting the required conditions. First, city
staff suggested hiring two uniformed security guards in addition
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to the two employees, one to control entering the rear of the
building exit and one to maintain order inside the facility.
These guards would be on duty during all business hours since
problems were reported weekdays and weekend afternoons and
evenings. Second, city staff suggested removing the video
games, leaving only pool tables, to reduce the attractiveness of
the business to loiterers. Third, city staff suggested closing
the business by 8 p.m. since most assaults/fights happened after
8 p.m.
OWNERS' RESPONSE
The business owners responded to these suggestions by explaining
that hiring two uniformed security guards in addition to the one
or two employees on site would be financially impossible for the
operation. They also indicated that the space in the business
was limited, making removal of the video dames and leaving only
pool tables financially unfeasible. Closing the business at 8
p.m. would also be too costly due to loss of most business. The
owners said they were unable to comply with these suggestions to
meet the conditions of the conditional use permit.
RECOMMENDATION
• After these discussions, city staff determined that the business
owners' failure to meet conditions three, six, nine, and ten at
J.J.s Pool and Game Arcade created a serious disruption in the
safety, peace and quiet in the community. The inability of the
business owners to financially implement any of the proposed
solutions to meet the conditions made it reasonable to pursue
the termination of the conditional use permit for J.J.'s Pool
and Game Arcade at 1544 West Larpenteur Avenue.
PROCEDURES FOR TERMINATION [9-15.04(5)] (Attachment 4)
The following steps are taken to terminate a conditional use
permit:
1. Deliverance of a civil summons to the business owner and the
property owner
2. Review before the Planning Commission
3. Revocation hearing before the City Council
4. Vote for termination of the conditional use permit by a
majority of the City Council
SH/ds
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CIS ~' OF FnLCOti HF.IGY.TS ~}'(JC1~A ~'~btil F- ~
r - C 0 U :1 C I L R E S 0 L U T I 0 :I
• Date August 9, 1989
A RESOLUTION A~~NDIirG RESOLUTION R-89-5 GRANTZ*TG A
USE PER.*iIT FOR OPE~.4TION OF A Gs~ ARCADE AT 15.44 WEST
L4RPENTEUR (NORT'rI02~t S20PPING CATER) _ _
WHER..~~, the City of Falcon Heights received an application
dated December 21, 1988 for the issuance of a conditional use permit
to establish a game arcade in Northome Shopping Center, 1544 West
Larpenteur; and
1v~~rRE.~S, the City Council did carefully consider the request as well
as the recomaendations made by the City's Planning Commission after
holding the required Public Hearing; •
.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Falcon Heights that a conditional use permit for the establishment
of a game arcade at 1544 west Larpenteur Avenue be granted subject
to the following conditions:
(1) MaximuW hours of operation will be 10:00 A.H. to 12:00 I~.idnight
Sundw through Thursday and 10:00 A.*S. to I:00 A.K. Fr iday
and Saturday. Ali existing applicable curfews c.--iit be enforced :,
• on the premises.
(2) Restriction on use of back parking Iot after 9:00 P.P:. will be •
adequately posted by property owner:
(a) Game Room parking will be restricted to front and side .
parking lots after 9:00 P.M. Property owner will install
appropriate signage.
(b) A1I Arona exits fron parking lot shall be posted "left turn
only of ter 9 :00 P.M. ".
-.(3)' The back door gill be an exit only, conforming Lo Fire Code.
Moved by
Wallin
YE.~S Nav_ s
BALDi+IN
CIER:1ia
CHENO~.'ETH
WALLIN
• BUSH
5 in Favor
0 Against
Approved by /dLv1
Ziayor
August 9, 1989
/~~~~ ~ ~•
Attested by -•
City Clerk
august 9, 1989
Date
Adopted by Council August~9, 1989
_2
(4) No less than present level of illumination in the rear parking '
lot will be provided.
es including 3.2 beer or wine) or controlled f
(5) No alcoholic beverag ( tion shall be sold, possessed,
substances without a prescrip ~
or consumed on the premises of the game room, the common areas
within the building, or the parking areas.
owner will post on_the exterior of the premises
(6) The property - in comaon areas
"No hoitering " and will prevent any 1oa=easnand sidewalks
within the building or_-in-the parking
adjacent tQ the building.
erson who has been convicted of a felony, controlled substance
(~) Any p ast five years is
abuse, or gambling law vaslanlattendhnt atethe game room.
prohibited from working
(8) The interior of the game room will be free of obstruuatels
to visual supervision by'attendants and will be adeq y
lighted . -
(9) Game room management will take all reasonable actCOnducteonel
intoxicated persons and will allow no disorderly
the premises, parking areas and adjacent sidewalks.
uate adult supervision will be provided until one-half hour
(10) Adeq safet and welfare
y
after closing to ensure that the health, uiet are maintained.
and existing community-standards of peace and q
At Council's discretion, additional supervisory and/or
security personnel may be required.
'od of this conditional use will be within thzee
(11) First review pert
months after opening with annual reviews to follow onuired upon
ening. Review will also be Zeq The
anniversary date of oP or focus of the business.
a change in proprietorship of conditions to
purpose of reviews will be for adhet~°IIiness.
address any concerns created by
a e or promotion of the business will
(12) All advertising«.signa~ly oriented business.-
focus on attrac~ing
ercent~of the interior space will be
(13) At least fifty (50) p -
designated as a "ZIo Smoking area.
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11/1 ~ /1 S'. ~7 2~ ~ 3F, Fc:C~hi C I T`( GF F.O~~cU I Lr E TO FrLCOt~I He I Gri l ~ P , ~?
• ~Z-Et/~~_ ---
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Atrr~t~A-~~r1 F J
• Novenber 3.4, 1990
TO; suszn Hoyt, City Planner _
FROM: Tom Alleve., Roseville Foli.ce Department ~,
SL'3.7ECT: ~2EYIE~7 Or *j*Fi0 CONDi'I'ION~L IISE PER'`SITS AND
02y~ "NO p~FXI2vG" DE5IGNA"~ION
Y have reviewed the activity at each location from January 1990
through October 1990. I have also checked with the various shift
sergeants •and their officers personal views on activity at the
three locations.
1 . JJ' S POOL p,1tiD Gt~2~ p,-xtC?,DE -
olice
d 15 35x4 j" • ~ usPnumerous officer
calls p_
JJ's has gene rate p
drive-throughs.
DATE/CN " TZM~' TYPE OF CALL
~~,a^^-4 2-23-?0 11:26 PM Fight' - Verbal arguments inside,
Combatants were kicked outside
CN 90007630 where a fight ensued_ Alcohol
involved.
ol-
Possession/
P
rl
A-rut~
~ S ~ 2-24-90 11:00 PM r k~
lot
in rea
Underage d g
CN 90007759
3-31-90 22:37 AM Motor Vehicle Accident
CN 90012931
~ Su~ ~~ 4'8-90 10•II
~ PM Weapons Complaint - A group of
s -harassed -a group of white
H
on
CN 90014360 m
g
kids, shooting out a Car win ow
with a pellet gun.
~"~~~ g_2_g0 10:26 PM Assault,
_ _-____-- -
CN 50034818 ..
8-2-90 10:28 PM Assault - Same suspect as in
~`-M''`"~'`~`'1
crr 9oo34saa
_ revious Assault.
P
Runaway/Warrant Arrest - Father
8-2-90 11:45 PM pointed out Runaway son inside
CN g0038130 JJ's.
•
• 7-g0 8:46 PM Assault - Mutual combatants
~,.-
~~u.~ 8-1 outside JJ's.
CN 90037558
11i15i1'~5~~ 2~~37 F^Uhl CITY OF F.O~E~JILLE
8-20-90 11:59 PM
CN 90038135
8-24-90 4:43 PM
CN 90035352
~-1~1~n-~r~~ 9-29-90 ~ 9:53 P:~i
CN 50045045
~ ~~r~ 10-10-90 3 : 10 PM
CN 90046782
~ ~,~~,,~,,~ 10-13-90 12:30 AM
CN 90047341
.1c. ,u,o~ry~y 10-15-90 4:30 PM
1 CN 90047505
10-18-90 10:45 AM
CN 90047994
--2 -
TO FhLCC~d HEIGHTS
P.03
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Recovered Bicycle - in rear lot.
warrant Arrest - assisted Rzmsey
County Sheriff's In a harrant
Arrest.
AssaultJtlamage tv Property -
Oriental males were suspected of
assaulting the JA's manager.
Assault - in rear lat.
Assault- Sane suspect as in abgve
Assault.
Threat Complaint - Related tv
Assault of 10-10-90.
Burglary
Nine of the fifteen calls related to assaults or fights. It is an
unfortunate sign of the times that violence is on the increase
throughout the 'U.S. These types of calls involve multi-Car
response and involve many more police personnel hours than non-
violent calls . They, of course, reflect society, but not a.n a good
light.
JS's should work on interior. and rear parking lot security, .even
if they have to hire additional help. Locking the rear exit or 1
prohibiting any entry via the rear dour may help, but would
increase pedestrian traffic walking easterly around~to the front
entrance. Restricting hours may also help, as six of the incidents
happened at 11 PM or later. ;
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Z. COIFFURE DU CHIEN PET GROOMING - 660 N. Sl`iEL,LING •-
We have had no contact with or complaints relating to this i
establishment. ~ '
3 _ ~ "NO P.~.RKING BETWEEN SIGNS ON EI R SIDE OF TKE LEY ON I
E~iST SIDE OF AROMA BETWEEN LAR~~ I3R AND CAI,IFflRNIA ~
We have had five accidents on Larpenteur at Arona, and one
accident in the alley behind 1504 Larpenteur. None Of these
related to the "No Par3cing" signs. We have had no other calls
or complaints regarding traffic and the parking signs.
-3-
One comment fron -the officers would be to try ~.to eliminate
sorae of the signs along A,rona, between California and
Larpenteur. There are numerous parking regulation signs 2,nd
they could be confusing.
Please call me if you have any other questions or concerns about
these three situations.
TJA/a
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TOTAL P.Oa
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Subdivision 5. Termination: If compliance with all of the
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conditions of the conditional use permit have not taken place within the
time prescribed by the City, the permit is deemed terminated, unless the
Council, in its sole discretion, eat ends the time lationmofiancontinuing
additional permit not to ezeeed one year. Any
condition shall be grounds for revocation of the conditional use permit,
after notice of violation served upon the permit hol~dedru~ntthemCouncilf
a civil summons at least 10 days prior to hearing,
finding at the revocation hearing that the condition violated remains
necessary to carry out the purposes of this section and that the permit
holder is unable or unwilling to satisfy the condition. Such finding
shall be made by ma~ority vote, upon the preponderance of the evidence
presented by the Zoning Administrator and anyone appearing on behalf of
the permit holder.
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Meeting Date 1-28-91
Agenda Item F-2
•
CITY OF FALCON HEIGHTS
PLANNING COMMISSION
•
ITEM DESCRIPTION: Report on the termination of conditional use
perms s
SUBMITTED BY: Susan Hoyt, City Planner
REVIEWED BY: Tom Gedde, City Attorney
EXPLANATION/DESCRIPTION:
City Attorney Tom Gedde responded to the Planning Commission's
request for a mechanism to discontinue a conditional use permit
granted for a use once the use is discontinued at the location
(attachment 1).
In summary, Gedde's opinion states that according to state
statute and Falcon Heights City Code, the conditional use permit
goes with the property not the specific business use regardless
of when the business closes. However, he suggests that if the
conditional use permit is granted because the City is concerned
about the activities associated with the use (e.g. a pool and
game arcade) rather than site development features (e. a
grocery store), the City may include a condition terminating the
conditional use upon business closure or transfer of ownership.
ATTACHMENT 1 - Letter from City Attorney dated 12/21/90
ACTION REQUESTED:
For your information and future use in considering conditional
use permits
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JENSEN, HICKEN, GEDDE ~ SCOTT, P. A.
. ATTORNEYS AND COUNSELORS AT LAW
BOCK, EDWARD A., JR.
GEDDE, THOMAS A. OF COUNSEL
~ 300 ANOKA OFFICE CENTER
HICKEN, JEFFREY P. HOWSE, G. CRAIG
HOWARD, ROBERT A. 2150 THIRD AVENUE
JENSEN, DAVID L. ANOKA, MINNESOTA 55303-2296
MATTKE, PAUL E.
SCOTT, MICHAEL J. TELEPHONE (612) 421-4110
TELECOPIER (612) 421-1040
December 21, 1990
Ms. Susan Hoyt VIA FACSIMILE
City of Falcon Heights
2077 West Larpenteur Avenue
Falcon Heights, MN 55113-5594
RE: Conditional Use Permits
Dear Ms. Hoyt:
• You have inquired about the duration of conditional use
permits. You asked whether they terminate at such time as the
original permittee ceases operations at the site.
As you point out, Section 9-15.04 of the Falcon Heights code
states that a permit applies to the use and land and not to a
person, and this suggests that a permit would continue
indefinitely. That same section does provide that a permit
may contain provisions that alter the above.
The state statute provides that conditional use permits
continue as long as the conditions are met, and also requires
that conditional use permits be recorded (although it does not
say by who). See MSA § 462.3595.
In view of these laws, unless a conditional use permit, when
issued, contains some provision to the contrary, a use permit
would continue in effect, even if the use ceases for a period
of time. In cases where the City is only concerned about
physical development aspects such as setbacks, building
materials, etc. The City may not be concerned about
termination of the permit in the event of a termination of the
permitted activity. On the other hand, where the City is
concerned about activities at the premises and is conditioning
them, it may be advisable for the City to provide in the
•
Ms. Susan Hoyt
• Page 2
December 21, 1990
initial permit that the permit shall terminate if the business
terminates or ownership is transferred.
Please call if you have further questions.
Yours truly,
/ EN EN, HI~ , GEDDE & SCOTT, P.A.
omas A. Gedde
TAG/paj
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Meeting Date 1 28 91
Agenda Item /~
CITY OF FALCON HEIGHTS
PLANNING COMMISSION
ITEM DESCRIPTION: Discussion of the proposed land use plan and
po ides wi red Hoisington, Planning Consultant and the
public
SUBMITTED BY: Planning Commission
REVIEWED BY: Fred Hoisington, Diane Klausner, Hoisington Group
City Staff
Solid Waste Commission
Human Rights Commission
Parks and Recreation Commission
Planning Commission
Susan Hoyt, City Planner
EXPLANATION/DESCRIPTION:
At its December 17, 1990 meeting the Planning Commission revised
the proposed land use plan and policies for the comprehensive
plan. The Hoisington Group, City staff, and City Commissions
received copies of the revised plan and policies. The City
Planner met with each Commission to discuss the proposed land
use plan and policies in detail.
• As of this writing no major changes are recommended by the above
parties. Fred Hoisington suggested withdrawing the reference to
the elaborate trail system mapped out in the park plan under #5
of the park policies and return to the 11/13/90 policy statement
regarding trails, because he prefers a comprehensive plan to
focus on very pragmatic, intrametropolitan linkages rather than
on an idealized system throughout the City.
Also, the park plan does not include a path along Larpenteur
which is a major link for bicyclists. This will be discussed
with the Park and Recreation Commission on Tuesday, January 22,
1991. A revision in the policy going back to "build trails as
an integral part of upgrading collector streets and minor
arterial streets" may appear in the final draft.
Notice of the Planning Commission meeting will be mailed to all
community forum participants. Copies of the final draft of the
proposed policies dated 1/28/91 will be available upon request
and at the meeting.
ACTION REQUESTED
1. Fred Hoisington will discuss the policies and plan with the
commission and the public.
2. Recommend revisions, if desired.
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MINUTES Y,~
REGULAR CITY COUNCIL MEETING ~'" x~z~ , Y,==~c"'=
JANUARY 9 , 19 91
Baldwin convened the meeting at 7:00 P.M.
PRESENT
Baldwin, Ciernia, Gehrz and Jacobs. Also present were Wiessner
and Chenoweth.
ABSENT
Wallin.
MINUTES OF 12/12/90 APPROVED
The Minutes of December 12, 1990 were approved by unanimous
consent.
CONSENT AGENDA ITEMS APPROVED
Council approved the following Consent Agenda Items by unanimous
consent:
1. Disbursements:
a. General Disbursements through 1/9/91, $39,931.79
b. Payroll, 12/16/90 - 12/31/90, $10,929.68
2. Designation of Contractual Consultants and Inspectors for
1991
3. Resignation of Lizbeth Boger from Human Rights Commission
4. Cancellation of Check #24716 issued 11/30/90 to Emergency
Medical Products in Amount of $36.43. Duplicate Payment
5. Commission Appointments and Reappointments:
a. Solid Waste Commission
Reappointments: Lyle Wray, Nancy Misra and Terry
Iverson, three year terms expiring 12/31/93
b. Parks and Recreation Commission
Reappointments: Deborah Weiland and Lloyd Jacobson,
three year terms expiring 12/31/93
New Appointments: Carol Huso Replacing Connie Lasser,
three year term expiring 12/31/93, Mike Farrell,
replacing Bob Gehrz, three year term expiring 12/31/93
and David Wickhem, to complete teen of Jean Suppes,
term expiring 12/31/91
c. Planning Commission
Reappointments: Lee Barry, three year term expiring
12/31/93 and Ed Finegan, two year term expiring
12/31/92
6. Licenses (See Attached List)
DESIGNATION OF OFFICIAL DEPOSITORY AND CERTIFICATION OF OFFICIAL
CITY SIGNATORS
Ciernia moved adoption of Resolutions R-91-1 and R-91-2 which
carried unanimously.
RESOLUTION R-91-1
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A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR
THE GENERAL AND SINKING FUNDS OF THE CITY OF FALCON
HEIGHTS
MINUTES
JANUARY 9, 1991
PAGE 2
RESOLUTION R-91-2
A RESOLUTION CERTIFYING OFFICIAL CITY SIGNATURES
DESIGNATION OF OFFICIAL NEWSPAPER FOR 1991 •
Ciernia moved that Post Publication's The Focus be designated as
the official newspaper for the year 1991. Motion carried
unanimously.
COUNCIL STANDING RULES REAFFIRMED
Gehrz moved that the City Council Standing Rules be reaffirmed
as presently written. Motion carried unanimously.
ADOPTION OF ORDINANCE 0-91-1 RELATING TO UNIFORM FIRE CODE
Baldwin explained that the present code cites the 1973 Uniform
Fire Code and it is necessary to amend the date to read "1988",
after which Jacobs moved adoption of Ordinance 0-91-1. Motion
carried unanimously.
ORDINANCE 0-91-1
AN ORDINANCE AMENDING SECTION 2-3.02,-SUBDIVISION
1 OF THE CITY CODE RELATING TO THE UNIFORM FIRE CODE
APPROVAL OF PUBLIC SCHOOL FIRE INSPECTION AGREEMENT
Baldwin informed Council that a new State ruling is now in place
requiring that there be a signed agreement between the City and
the Department of Public Safety in order for the City's Fire
Marshal to continue annual inspections at Falcon Heights
Elementary School. Ciernia moved approval of the contract and
authorization to sign the same. Motion carried unanimously.
COUNCIL ASSIGNMENTS FOR 1991 APPROVED
Council approved the Mayor's Council Assignments by unanimous
consent.
ITEM REGARDING CONTRACT FOR RECYCLING SERVICES DEFERRED TO
1/23/91 MEETING
Chenoweth explained that proposals have been received from five
firms but no decision has been made on a recommendation to
Council as the proposals require further evaluation by the Solid
Waste Commission and staff. A recommendation will be placed on
the January 23rd Council Agenda for consideration.
SCHEDULING OF COUNCIL PLANNING SESSION DEFERRED TO 1/23/91
COUNCIL MEETING
Council agreed that a Planning Session is desired, however
deferred establishing a date and particulars until the January •
23rd meeting.
MINUTES
JANUARY 9, 1991
PAGE 3
ADJOURNMENT
The meeting was adjourned at 8:09 P.M.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
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NOTE: The following praposecl policies are revised from those
distributed at th< r~ovember 13, i~`~'O Community Planning
Forum. The revisions are primarily narrative. However,
substantial changes, policy deletions or additions are
noted in the document.
DRAFT 1/28/91
Page 1
PROPOSED POLICIES FOR THE COMPREHENSIVE LAND USE PLAN, 2000
NEIGHBORHOODS/HOUSING
OBJECTIVES:
1. To improve the quality, appearance and maintenance of
housing in neighborhoods.
2. To minimize land use and traffic intrusions that
adversely impact established neighborhoods.
3. To continue the well-maintained residential character
of existing neighborhoods.
POLICIES:
1. Adopt and enforce a housing code to assure the maintenance
of the existing housing stock. ~
2. Pursue and encourage housing rehabilitation programs.
3. Continue to make rental assistance available to residents
through the Metropolitan Housing and Redevelopment Authority
Section 8 Program.
New *4. Allow group homes in residential districts
not less than 1/2 mile between homes.
5. Eliminate zoning code violations. and nuisance conditions
that adversely affect neighborhoods.
Re- 6. Maintain the single-family character of the existing
vise residential neighborhoods and discourage redevelopment
that may be considered a change in use unless irreversible
blight can be demonstrated.
(To accommodate serious blight adjacent to G@v~'cUL- ~-Cfn~+e.rc.ia~.
district .)
7. Allow the remodeling of existing residential structures.
and accessory uses --t-e-- --~ 1-3-9s',s -~-~-€e~ t-~Te?_-i
without adversely affecting the character of the neighborhood
or substantially reducing required open space.
*Appears here primarily because it is required by Metropolitan
Council
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DRAFT 1/28/91
Page 2
NEIGHBORHOODS/HOUSING (Continued)
8. Enhance and upgrade the value of residential properties
through street maintenance and improvement
programs that complement the residential character
of neighborhoods.
9. Adopt on-street parking restrictions to control adverse
impacts from intense, non-residential parking on residential
streets.
10. Permit only compatible business uses adjacent to residential
uses, and place special conditions upon business uses
to assure compatibility when appropriate.
11. Require the subdivision of existing lots on developed
blocks in residential areas to conform to other lots
within surrounding blocks, and to be accessed
in a similar manner.
12. Encourage the neighborhood watch program and other neighbor-
hood organizations for communication and security.
13. Maintain the present mix of housing but consider
a variety of housing types and cost ranges if the University
of Minnesota properties north of Larpenteur Avenue
along Faireview become available.
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DRAFT 1/28/91
Page 3
COMMERCIAL
OBJECTIVES:
1. To allow an appropriate range of businesses that satisfy
the convenience goods and service needs of residents.
2. To insure maximum compatibility with adjacent neighborhoods.
3. To improve the image of the commercial area at
Snelling/Larpenteur.
4. To~improve access, traffic circulation and on-site parking
for the commercial area at Snelling/Larpenteur.
5. To provide convenient parking in sufficient amounts to
meet parking. demand.
POLICIES:
1. Guide development toward existing neighborhood/convenience
commercial areas in clusters rather than in strip developments.
along major streets.
2. Require sufficient parking but encourage shared parking
with other land uses to minimize hard surface
coverage and improve the visual appearance of parking
areas.
3. Promote attractive parking areas by requiring
landscaped traffic islands and setback areas.
4. Encourage and facilitate aesthetic improvements to
building facades, parking, signs, landscaping and lighting
throughout the Snelling/Larpenteur commercial area.
5. Encourage building and sign designs to be in scale
with the small town character of the City.
6. Maximize land use compatibility by requiring buffering,
~ screening and landscaping between nsw-commercial uses
and residential areas, and between ex' commercial
uses and residential uses, when feasible-. to minimize
y ~ conflicts.
7. Allow only one community-scale retail center at
Snelling/Larpenteur. •
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COMMERCIAL (Continued)
DRAFT 1/28/91
Page 3(a)
8. Assist with the redevelopment of the southeast quadrant
of Snelling and Larpenteur Avenues, if feasible.
New Require that any redevelopment project that may logically
extend beyond the area already zoned for commercial use
have a straight boundary that generally correlates with
a public street line or the rear lot lines of residences
and take all of the property to the project boundary.
Further, where such extention of a project takes place,
extraordinary setbacks and landscaping be required to
mitigate neighborhood impacts.
(Included to protect the surrounding residential neighborhoods
in the event that a redevelopment proposal for the SE
• corner is proposed beyond the existing commercial zone.)
*(Dropped previous Policy #7 calling for decreased business
south of Larpenteur and east of Snelling).
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DRAFT 1/28/91
Page 4
STATE FAIRGROUNDS AND UNIVERSITY OF MINNESOTA
OBJECTIVES:
1. To encourage the State Fairgrounds to remain in Falcon
Heights.
2. To encourage the University of Minnesota to retain its
agricultural research lands in Falcon Heights.
3. To continue to communicate and cooperate with the University
of Minnesota and State Fairground staff in planning consid-
erations which include traffic and pedestrian circulation,
conflict avoidance with nearby business and residential
areas, visual appearance and drainage considerations.
POLICIES:
1. Work with the University of Minnesota and the State
Fairground staff to keep informed of any significant
changes in long range development plans.
2. Encourage the University of Minnesota physical plant
to expand south of Larpenteur in areas adjacent to the
built campus rather than in the agricultural lands
and open space.
3. Regulate all non-university development/use of
University owned lands.
• DRAFT 1/28/91
Page 5
COMMUNITY FACILITIES AND SERVICES
OBJECTIVES:
1. To assure maximum efficiency and economy in the delivery
of public services.
2. To provide municipal services equitably to residents.
3. To provide adequate space for municipal administration
and related services.
4. To continue cooperation among the City and other govern-
men tal units including the Sc hool District, the County
and neighboring cities.
POLICIES:
1. Provide emergency service including police, fire
and rescue within a four minute response time to any
place served by the City.
• 2. Continue to replace and upgrade equipment as ,~
necessary to maintain the present levels of local service.
Re- 3. Provide adequate police protection.
wised
(Proposed specific reference to Roseville Police.)
Re- 4. Provide adequate and efficient snow plowing service.
wised
(Dropped specific reference to Ramsey County.)
5. Provide meeting facilities for civic groups at City
Hall and the community park building.
6. Continue to evaluate options for the least duplicative
and most effective and efficient delivery of municipal
services including direct service, private contracts
and cooperative agreements with other governmental units.
New 7. Encourage Roseville Area Schools to keep Falcon Heights
Elementary School and Brimhall Elementary School open
and functioning as elementary schools.
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DRAFT 1/28/91
Page 6
PARRS AND TRAILS
OBJECTIVES:
1. To develop a park system to serve both neighborhood
and community needs.
2. To provide adequate active and passive recreation programs
and facilities for community residents.
3. To provide an interconnected park and open space system
that provides pedestrian and bicycle linkages throughout
the City.
POLICIES:
1. Upgrade and improve existing parks.
2. Offer park/recreation programs to residents that complement
recreation programs available from surrounding cities
and the school districts and duplicate programs only
when necessary.
3. Cooperate with the University of Minnesota and the
State Fairgrounds in sharing recreation and open
space lands.
4. Acquire additional park land through the City's land
acquisition and park dedication program if the University
of Minnesota's agricultural land north of Larpenteur
along Fairview is sold and developed for residential
use.
5. Build trails as an integral part of ,upgrading
collector streets and minor arterial streets except
along Snelling Avenue.
(This element is being coordinated with the Park and
Recreation Commission.)
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DRAFT 1/28/91
Page 7
PIIBLIC UTILITIES
OBJECTIVES:
1. To provide municipal services to all areas under the
jurisdiction of the City.
2. To avoid unnecessary utility extensions to areas not
ready for development.
POLICIES:
1. Clean, repair and replace City sewer, and reduce inflow
and infiltration on a continuing basis as needed.
2. Approve new developments only when they are adequately
served by streets and public utilities in accordance
• with accepted design standards. ,,
3. Require the burying of overhead utility lines in all
areas wherever and whenever feasible.
* 4. Encourage separating storm and sanitary sewers on
the State Fairgrounds.
* 5. Prohibit the use of private waste water treatment
plants in the City.
* Required by Metropolitan Council
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DRAFT 1/28/91 •
Page 8
TRANSPORTATION
OBJECTIVES:
New 1. To promote safety on all streets.
2. To avoid unnecessary street congestion and the resulting
air pollution.
3. To develop an efficient hierarchy of streets to move
larger volumes of traffic safely on relatively few through
streets and discourage high volumes of traffic on residential
streets.
4. To improve the quality of and increase the emphasis on
public transit, non-motorized and pedestrian travel.
5. To encourage planning and design that increases and complements
transit use.
* 6. To protect airspace.
POLICIES:
1. Coordinate all City street planning and design with
County, Metropolitan and State agencies.
2. Require adequately spaced driveways along arterial
streets when access cannot be limited to cross streets.
New 3. Maintain roadbeds, curb and gutter on City
streets.
4. Prevent parking on residential lots (other than driveways)
especially during State Fair activities.
5. Enhance the appearance and image of major roadway entry
points to the City.
* 6. Reduce overall travel demand by cooperating with the
University of Minnesota in developing a travel demand
management (TDM) strategy and encourage programs that
provide alternatives to single-occupant automobiles.
7. Evaluate the need for and the location of transit
services in conjunction with surrounding communities. •
(Dropped previous policy #6 to assist U of M in reducing
dependence on Cleveland Avenue as an entrance due to
conversation with U of M planners.)
*Required by Metropolitan Council
DRAFT 1/28/91
Page 9
8. Coordinate public transit with all transit planning
and delivery agencies to improve transit services (MTC,
RTB, Ramsey County Regional Railroad Authority).
9. Continue to coordinate with the County Regional Rail-
road Authority in the planning and implementation of
LRT plans.
10. If LRT becomes a reality, locate it along Snelling
Avenue with a transit station at Snelling/Larpenteur.
New 11. If LRT becomes a reality, minimize its impact on adjacent
properties on the LRT route.
12. Encourage high quality, compatible uses
that focus on before and after work activities
such as restaurants, dry cleaning, day care centers,
banks and convenience shopping in an LRT station area.
13. Require any major building redevelopment in an
LRT zone to minimize setbacks between roadways,
sidewalks and building entrances and to orient entrances
• to LRT stations to attractively and easily accommodate
pedestrians.
* 14. Require that heliports comply with the licensing
requirements of MnDOT, the approach and altitude standards
established by the FAA and the noise standards established
by the MPCA as requirements of Conditional Use Permit
approval.
(Due to heliport regulations.)
* 15. Require that no tall towers (obstructions over 500
feet tall) be built within the City.
(Due to air traffic interference.)
(Dropped previous policy #15 requiring a conditional
use permit for towers over 250 feet because already in
the City Code.)
*Required by Metropolitan Council
C
ENVIRONMENTAL PROTECTION
OBJECTIVES:
DRAFT 1/28/91 •
Page 10
1. To conserve unique and essential natural resources.
2. To protect people and property from excessive noise,
pollution and natural hazards.
POLICIES:
1. Minimize runoff velocities from newly developed sites.
2. Require stormwater management and erosion control
plans for all new developments.
3. Encourage retention of precipitation as practicable
by providing additional storage either on-site or through
the construction of a comprehensive retention area with
new development or redevelopment.
4. Encourage the removal and replacement of diseased trees
on street right-of-ways.
5. Identify and encourage preservation of trees in excess •
of 50 years old, whenever possible.
6. Maintain wildlife populations.
7. Monitor air quality at Snelling/Larpenteur Avenues
and upgrade the intersection to assure that ambient pollution
levels are not substantially increased.
* 8. Consider solar access protection and the use of vegetation
to facilitate summer shading and winter solar gain when
reviewing plans for new development and redevelopment.
9. Support a metropolitan-wide integrated waste management
program comprised of waste reduction, resource
recovery, recycling and limited landfilling.
10. Promote a curbside recycling program and encour ge
on-si a manag ment of yard waste ~-%Yz2~~ ~~~
11. Maintain open space views especially along the south
side of Larpenteur Avenue as a means to protect the urban/
rural character of the City.
12. Encourage the protection of properties designated as
historically and architecturally significant by the .
State Historical Society.
* Required by Metropolitan Council
DRAFT 1/28/91
Page 11
ECONOMIC DEVELOPMENT
OBJECTIVES:
1. To continue the limited growth of the City's tax base
by maintaining and upgrading the existing
housing stock, redeveloping blighted areas, rehabilitating
deteriorating buildings and properties, retaining businesses
and improving aesthetics.
2. To be prepared to address the development of University
of Minnesota lands north of Larpenteur Avenue and the
State Fairgrounds west of Snelling Avenue.
POLICIES:
1. Encourage growth in the tax base primarily through
upgraded and increasingly concentrated retail centers.
2. Improve existing housing quality by adopting a regulatory
approach to housing maintenance.
ew 3. Plan for the possible expansion of limited businesses
` along the south side of Larpenteur, west of Snelling
Avenue as designated on the comprehensive land use plan.
(Policy changed to expand rather than decrease limited
business south of Larpenteurr west of Snelling)
4. In the event that a portion of the State Fairgrounds
property becomes available for development over the life
of the plan, allow mixed use development near the Snelling/
Larpenteur retail core that provides services to residents
and the University of Minnesota and the State Fairgrounds
users.
~' New~~ In the event that a portion of the State Fairgrounds
' property becomes available or an LRT station is located
'- "~`P in the proximity of the Snelling and Larpenteur intersection,
allow the entire area, but not a portion, of Hollywood
Court to be redeveloped with mixed uses as part of the
Snelling and Larpenteur retail core.
(To address redevelopment if a substantial change occurs
in the surrounding land use.)
6. In the event that the University of Minnesota lands north
of Larpenteur Avenue along Fairview Avenue, become available
for development over the life of the plan, allow neighborhood
related uses such as housing, parks, open space and neighbor-
hood scale commercial development.
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DRAFT 1/28/91
Page 11(a)
ECONOMIC DEVELOPMENT (Continued)
7. In the event that the University of Minnesota lands north
of Larpenteur Avenue along Cleveland Avenue become available
for development over the life of the plan, allow expanded
limited business on the northeast corner of Cleveland
and Larpenteur Avenues in the area that is contiguous
to the area designated for limited business uses on the
comprehensive land use plan.
8. Carefully evaluate the City's potential financial •
exposure and seek guarantees from developers where public
financial assistance is to be provided in support of
redevelopment.
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DRAFT 1/28/91
Page 12
GENER DEVELOPMENT POLICIES
1. Restrict developments throughout the City to three
stories or 35 feet in height.
New *2. Allow child day care facilities throughout the City.
3. Review and, if appropriate, update the Comprehensive
Plan on an annual basis.
*Required by Metropolitan Council
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