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HomeMy WebLinkAboutPCAgenda_90Feb5~}'tt{~t~}fM~~ A • FALCON HEIGHTS CITY COIINCIL CODNCIL MEETING STANDING RULES October 14, 1987 INTRODUCTION In the belief that the best decisions are made by the best informed decision makers and that the public decision process is best served when the public has every opportunity to present views, the following rules are established to govern regular and special council meetings as well as• -fornal public hearings. There are several goals behind these rules. 1. In general, free and open discussion by all interested parties should be an essential part of the decision making process. 2. The council process shculd have as little procedural overhead as pcssible. 3. Time is better spent cn substantial matters rather than profcrna matters. r~+~ERSHIP The formal Council membership consists of the four councilmembers and the mayor. All five have one vote each and all five can introduce motions. For purposes of leading the meeting the mayor, or in the absence of the mayor the acting mayor, will be considered the chairperson. RULES Agenda I. To be considered, an item must be on the agenda and the agenda roust be distributed to all the council members and any other persons having responsibility for an.item at least three working days prior to the meeting. An agenda can be modified with addenda by.a majority vote but this should be used only for minor items or items with extreme time constraints. 2. An item can be moved from the consent agenda to the action agenda at the rec;uest of any council member. 3. Since there will be audience and cable TV viewers not • familiar with each item, the chair will give a brief explanation of each item as it is addressed. 1 4. The order cf items on the agenda need not be followed absolutely. The chair may adjust the order in the interest. of: a. Filling in time before a scheduled item, i.e. a public hearing. b. Grouping several items to best make use of consultant time. c. Accommodatinc individuals who have attended the meeting specifically to provide input on an item. Process - ReQUlar and Special Council Meetings 1. Far these proceedings the Council will use the 'open discussion' procedure. That is, discussion is open to any member 5efore or after a motion is made. This privilege is also extended to the Clerk-Administrator, Executive Secretary and any cf the consultants who may have an interest in or can contribute to the item at hand. 2. At the discreticn of the chair, this privilege is also extended to those members of the audience whe wish to provide input. The chair may also rule cut cf erder any input felt to be redundant, superfluous cr irrelevant. 3. The chair can make liberal use of the "unanimous consent" procedure. That is, items that in the judgement of the chair are likely to be unanimously approved, can be introduced for approval with the statement "If there are no objections, ... stands approved (or denied)." If any council member has an objection then the item reverts to the standard motion prccedure. This "unanimous consent" procedure cannot be used for items requiring formal votes, i.e. resolutions. 4. The standard motion procedure is changed to not require a second. A motion need only be made to be considered. This also applies to amendments. 5. To eliminate confusion, cnly one amendment will be considered at a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deemed appropriate, the amendment should be withdrawn and reintroduced accordingly. 6. The general mode of voting will be by acclamation but with enough clarity that the individual votes can be recorded in the minutes. If in doubt the secretary can request a clarification. 2 7. The meeting will be audio taped and the tape will be retained for 6 months following approval of the minutes for that meeting. The standard retention can be extended if in the judgement of the mayor, clerk-administrator, executive secretary or any councilmember such action is warranted_ When possible, the meeting" will also be video taped. The general retention cf the video tape will be 2 months. The executive secretary will keep a log of retained audio and video tapes. 8. If the council action is the result of a resident request and twat request is denied in whole cr in part, reasons of fact supporting the denial will be made part of the public record. 9. No Council meeting will extend beyond 10:0 PIK except by unanimous vote. This rule is not s-,abject to the modification cr suspension provisions or the Standing Rules. Process - Public HearinQS Since a public hearing is a more formal procadur=_ and often requires certain procedures and actions to be legal, the meetinc rules are changed acccrdingl.~. 1. The primary aim of a public hearing is to take input f;on • the public. To accomplish this in the most effective manor t`~e chair will introduce the hearing with an. explanation cf t::e issues. This explanation will be given by t:~e chair ar a person designate. by the chair. The use cf explanatory visual aids is encouraged_ 2. Following the explanation,. input from the public will be taken. Prior to accepting input, though, the chair will state the areas where input will be appropriate, the maximum time to be allotted to any individual presenter and any other procedural riles deemed appropriate to guarantee that all cancerned parties have a fair and adequate opportunity to be heard. 3. All individuals wishing to speak must fill out and submit an identification form and speak into a recording microphone. Individuals not wishing to speak in public may provide a written statement. The Council may take .up to 15 minutes to review written statements presented at the meeting. If the Council decides to not act on t.~ie issue at the public hearing meeting, it may by majority vote extend the time where written input will be taken to a day no later then 1 week before the next meeting where a deciding vote is planned. 1 4. All speakers are expected to be business-like, to-the-point and caurteous. Anyone not abiding by these rules will be • cansidered out-of-order. 3 5. The Council will refrain from initiating a discussion during the public input phase of the hearing except to clarify points brought up. These 'point of information' requests should be held to a minimum. 6. Once the public testimony phase is complete the chair will announce the public hearing to be closed and the Council will revert back to its open discussion mode of operation. From this point on public input will only be appropriate when solicited by the Council. 7. Voting on any motion that results from a public hearing will be by roll call. To eliminate any roll-call bias, the order will be rotated each month and will be reflected in the 'call to order' roll of the agenda. 8. It shall be the intent of the Council to vote on the issue at the same meeting as the public hearing and as close in time to the public hearing as passible. Should it be necessary to defer voting until a later date, that procedure will be clearly explained to the audience. 9. No public hearing will extend beyond lOPM Z0. If the motion contains. conditions, as may occur in • conditional use or variance requests, those conditions will be conveyed in writing to the requestor. I1. If the public hearing-is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. 12. If the public hearing is to set an assessment rate, the assessment formula(s) under discussion cannot be altered. This implies that the Council has fully discussed any formulas prior to the hearing and that the appropriate Legal, fiscal and engineering consultants have passed on formula(s) viability, legality and feasibility. - 13. If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in September. This is to allow time to correct any errors prior to the time needed to certify the rolls to the County. • 4 • ADOPTION/MODIFICATION/SIISPENSION These rules with the exception of the mandatory 10:30 PM adjournment, can be adopted, modified or suspended in whole or in part by a 3/4 vote of the Council. If suspended, they _are automatically reinstated at the next meeting. Should they be suspended or a situation occurs that is not cavered by the standing rules; Sikkink's Seven Motion System (attached) will apply. ANNUAL REVIEW These rules will be reviewed annually at the first meeting in February. INTERPRETATION The chair will interpret the rules. However, the chair's interpretation can be appealed by any council member and can be overruled by a majority vote. .7 w • 5 t rcilt.'F-4 ,mot ~ t~ ~l 6-(,~2~ fk ; ~ v c~-n o 1~ ~U,4~ (to~~ 9 a } M (',4 20 .~ ~ (69) 11 N , ('.9 2 p ~ T i'I+) I I ~ Z C1 ~ ( (97 ~' (7719 112 ~ -49 ~''~ ~ 12 ~ is I Z / lit) 9 0 ~ . (I`) IS i(ll) 13 ~ (a~; IS "t'~ 13 ~ N (g9) (98) Q = (15 ~ 17 / ~7~ 14 n (YI) 17 (4'F) 14 ~ ~! ~ 10 0 +(l4~ 16 . ~ ~ IS d (? ' ~ ' a(aG; 16 b IS v ``'S „ . ~ Go _. _ ~z3.a 123 (00 ;23.a'. 2~ g. ;oo St' .. .. .. .. .. .. .. .. 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LOCitr'10 .~ j ~t st-tp,~ l~ls GeJ~~ EM0ER5 OaRti-;ING ~ ~ N h 20(x,) III) 11 d h 19(19) (12) 12 18(IQ1 (13) 13 (I l! l9 (1~/ t4 S(IG) 16 M IZ 3.8' ~ 1 S a ('S~123.11' ~ESI~ENTIAI. ALLEY ~ , Z ` 4- /~ Z J J ~, W Z ~ r ,o n ,~ r ~ .s p 2 ~c l7 J W Q p W O W ~ ~ Z s E ~, ~ ~ Q ~ ~ ~ F' ~ ? u ~ ~ 1- Z Z Z ,. pZ 0.0 r Z ~ 1- 1 7 Z ~ d ~ h ~ s Z E j P s 3~ n ~ Q W u1 W = U ~ W ul L F- W o p r Z Q N w ,~ ~ Y r Q Q °, 3 W ~~ v ~ ~ z ~ w w w ~ W c N z~n .o ~~ d ~ LL ~ F ~ ~. > r n i H U oC a H H H W z Q Z tY Q LARPENTEI.tR AVENUE H = µANDICAPPED PAR1hiNG Legal Dame: Legal Address: Business Owner: Home Address: Home Phone: HOUrS: Scuare Footage: ~ of F,mployees: .# of parking spaces: ~Cf N ~.4 ~"'~rU E- ~ J's I,icuor 15^9 Larpenteur Ave. West Falcon Heights, Mn. 5113 James Kettner 3255 Coachman Rd. X342 Eagan, Mn. 55121 638-~?5C9 Mon.-~~~8:OCa.m. - S:OOo.m. ^.,`~ Sat.-£rati. B:OOa.m. - 10:OOp.-1. d`t 1'77 square feet 4-6 part time 27 (3 handicapped) E~~CT3D PEAK 30URS Monday -Friday: P_ slight increase may occur between the hours of 11:00 and 1:00 during lone:^.. For the most part, any weak hours will occur between the hours of S:OOp.m. and B:OCo.m, after wcrk. Friday - Saturday: The slight increase during lunch would still pe oossibie. 0^ Saturday, the peak ::^.ours •would be more spread out during the day and at n_ght, the Weak ::ours may be extended to around ':30. • Sunday: Closed beer io mind that these are estimates. Also, understand that over oC°o of liquor curehases are imnu'_se Wore::^.ases that take 3 minutes or =ess so any t.~:;ic in the centar will 'nave a quick turnaround tame. 'FIGtil2C (:'. ~~« ~Iquor~ s~--D~E f~-oat. ~~al~. S MEIin-~i- Pr,P - r~x OFFIGE gTOaP,eE CoO ~cR (10 •b xll"G'~ ~IIG~~xI~ ~ (II"o••x~0~ SCE a a` •n O.SPW`! " F~e£E STPN O~Nfr L~I~/EN !00.Y ~-z ~, v~ d'' 60N•)GlR iCNC~L.~ a _ .4 ~ t ~ GONOOW 6CNCObp V r Q J ~iONLIOIA 6oNCe~p G-0NOO~A J u S N ON8 $OY/~pC FOOT TOTpI gP:Ep = j,977 ~,cw.ei FECT T7TFt TGM T.G ARCp~ lr~~..--. "5 Spu..r.F iECT l~ Z Q l]i. C~ T S ~FIEttIarT A+~C-+~c~E ~Seetinst Date: 2/5/90 Agenda Item: F-1 CITY OF FALCON HEIGHTS PLANNING COMMISSION ITE*i DESCRIPTION: PROPOSED CHANGE OF MEETING DATE SIIB~iITTID BY: Susan Hoyt Taff, City Planner $EVIEWED BY: E~I.AHATZOA/SDl4+iARY (attach additional sheets as necessary): ALAS, N(7rHING IS EASY! In order to alleviate individuals' scheduling conflicts, the Commission changed its meeting date from the first Monday of the month to the second Monday of the month at its January meeting. After making this decision, Kitty discovered that approximately 40-60 area Girl Scouts Leaders have reserved the Council Chambers on this night through May, 1990. This group cannot be relocated easily. Therefore, there are three options open to the Commission: 1. Continue meeting on the first Monday of the month. 2. Reschedule for the fourth Monday of the month* starting with February 26, 1990 (next meeting). 3. Reschedule for the 2nd Monday of the month* beginning in June, 1990 (three meetings away). *The third Monday of the month is not feasible. ACTIali 1rQ~3LSTHD: 1. Discuss and decide on meeting date. ~~-~ ?Stetinst Datt: 2/5/90 Agenda Ittm:F-2 CITY OF FALCON HEIGHTS PLANNING COMMISSION ITE''S DESCRIPTION: REQUEST FOR PROPOSALS FROM PLANNING CONSULTANTS TO ASSIST THE CITY PLANNER AND THE PLANNING COMMISSION WITH REVISING THE COMPREHENSIVE MUNICIPAL PLAN SDBKITTED BY: Susan Hoyt Taff, City Planner FEVIEi~tED BY: E~LAI~IATI01~/SDl4SeRY (attach additional sheets as nectssary) : A Request for a Proposal (RFP) is being distributed to local planning consultants who may be interested in revising the City's Comprehensive Municipal Plan. The selected consultant will assist the Planning Commission and the staff with this task. Due to the stable and developed nature of the City over the past ten years, and due to a ve modest budget, the primary focus will be on reviewing the City's land use policies. As of this writing, th deadline for proposals is tentatively scheduled for 4:30 P.M. on February 1990. /~ ACTZOli 3.EQHLSTID: 1. For your information. ?leetinst Date: 2/5/90 CITY OF FALCON HEIGHTS Agenda Item: F-3 PLANNING COMMISSION ITEM DESCRIPTION: CONSIDERATION OF ADOPTING THE COUNCIL MEETING STANDING RULES FOR PLANNING COMMISSION MEETINGS SIIBZSITTED BY: Susan Hoyt Taff, City Planner BEVIENED BY: ~LaNATZOA./SD.~?SARY (attach additional sheets as nec:ssary): At the January 10, 1990 City Council meeting, the Council reaffirmed its use of the Council Meeting Standing Rules as its procedural guidelines. The Council adopted these guidelines in 1987 as a less formal substitute for the more traditional and cumbersome Roberts Rules of Order (see Attachment A). After reviewing these rules, it appeared that the Planning Commission might find them to be a succinct and useable format for its meetings. Some of the procedural points include dropping "seconds" for motions, and allowing the Chair to introduce an obvious unanimous vote with "if there are no objections....". Some sections don't apply to Planning Commission business. The Commission currently operates smoothly with an open discussion format similar to the one proposed herein. Therefore, these rules wouldn't dramatically shift the Commission's style, but would provide a written format to refer to without resorting to Roberts Rules of Order. Since the creator of these rules, Paul Ciernia, is our Council Liaison this year, it is a good time to consider this shift in format. ACTIaP 3LQtTtS?ZD: 1. Review and discuss. . ~~ 6/29/81 D~ s-~. 0. MINUTES REGULAtZ CITY COUNCIL MEETI~tG JAiVUARY 10 , 19 9 0 At 7:DO P.M. Mayor Baldwin administered the oath. of office to newly elected Cauncilmembers Paul Gierna and Sue Gehrz. Badwir convened the- Council Meeting at 7 ;10 P.M. MEMBERS FRESENT Baldwin, Cernia, Gehrz,. and. Wallin. Also present were Gedde,' Wessner,.and Chenoweth.' .ABSENT Busn. MINUTES OF 12/13/89 APPROVED The Minutes of December 13, 1989 were approved by unanimous COIIS@nL. ADDENDA TO AGENDA The £oiiowing items were added to the agenda by unanimous consent: Consent Agenda, Item E-6, Planning Commission Minutes of January `8, 1990; Policy Agenda,. Item F-12, ,Resignation of Pat . _~ Bush from City Council., and ~'-13, Chinatown Wine License and Proposed Code P.mendment` relating to same. CONSENT .AGENDA APPROVED., Council unanimously approved the following Consent Agenda: 1. Disbursements a. General Disbursements through 1/10/90, $37,062.41 b. Payroll 12/ld/89-12/32/89, $9«.809,.71 2. Cancellation of Checks #23072, #2303, and #23102 3. Designation of Contractual Inspectors 4 . Solid Waste Commission Minutes of December 9 , 19 89 5.; Licenses 6. Planning Commission ..Minutes of January. 8, 1990 DESIGNATION OF (7FFICiAL DEPOSITORY Cieraiamoved adoption of Resolution R-90-1 .which carried unanimously..: RESOLUTIOrt R-9 a-1 c a) A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORY FOR ~ THE-GENERAL`AND SINKING FUNDS OF THE .CITY OF FALCON EiESGHT5 CERTIFICATION OF OFFICIAL CLTY SIGNATORS Wallin moved adoption of resolution R-90-1 (b) which carried. unanimously. `~INUT ES JANUARY 10. 1989 :PAGE 2 RESOLUTION R-90-1 (b) A RESOLUTION CERTIFYING OFFICIAL CITY SIGNATURES ; DESIGNATION OF OFFICIAL .NEWS PAPER Following a brief discussion Council designated Post Publication's The Focus as the City`s Official Newspaper for the year 199Q as recommended by Staff. COUNCIL STANDING RULES REAFFIRMED Council discussed the present Council Standing Rules adopted 1987, and concurred that the procedurzs have worked well anal that no changes .need be made. COUNCIL ASSIGNMENTS F0R..199~ APPROVED Council agreed tv the 1990 Council Assigments as presented by Baldwin. r MORATORIUM DECLARED ON APDOI~ITMENT OF AN`_' NErrl COMi`SZSSION ME'~IBERS Ealdw.n explained his rationale for rzducing the. size of tre City Commissions, .which presentl;r consist cf nine. members each- ~~hen completely filled. He felt smaller groups would, be more efficient, speeding up decisions, and that larger Commissions create more .work for City Staff . Cernia informed° that the .Planning Commission ha.d discussed the matter at t:~er January - meeting and unanimously recommended that Commission re.*nan at nine members, Council agreed to a one month moratorium on ne~a appointments during which time Staff will survey other communities to deterine the size of their commissions and if any .problems are created by size. COMMISSION REAP~INTMENTS Gehrz moved reappointment of the following Commission members. Human Rights, Jim Olsen., two year term, expiring 1Z/31/91 .and Gwen Wllems, three year erm expiring 12/31/92, Solid Waste, John Austad, Laura Ruettel and Mike Haglund, three year terms expiring 12/31/92: Parks and Recreation, Jeffrey Johnson and Linda McLoon, three ye$r terms expiring 12/31f92, and Michael Smallpage,, two. year term expiring 12/31/91s Planning Commission, Carolyn Nestingen, three year term expiring 12/31/92. Motion .carried unanimously. UPDATE ON POLICING SINCE JANUARY<1, TOM ALLEVA DEPUTY CHIEF, ROSEVILLE SLICE DEPT. Deputy Chief Tom.Alleva informed Council that the. change over had gone smoo hly with the cooperation of-the Sherrif's Dept. and Staff. He gavea brief review of the police activity in Falcon Heights since January let and presented an update an the hiring of five new officers... Gedde stated he anticipates a good "~ relationship between the Police Department and the City's Prosecutors and suggested the Department provide the City with a , list of tickets issued in Falcon Heights. MINUTES JANUARY 10 , 19 9 0 PAGE 3 APPROVAL OF CAPITAL NOTE AND IMPROVEMENT BOND ISSUES Wiesner explained that during the 1990 Budget discussions the Council agreed to consider issuing bonds to finance most of the 5 year capital needs due to the favorable interest rates. Fiscal Consultant Apfelbacher informed Council that the interest rates are very attractive at the present time and also there would be a savings to the City (consultant fees, etc.) if this issue is combined with Hamline Avenue Improvment Bond issue. He stated he had invesigated the possibility of refinancing other City debts but had determined it would not be beneficial at this time. Following the discussion, Ciernia moved Resolutior_ R-90-2 which carried unanimously. RESOLUTION R-90-2 A RESOLUTION DETERMINING TO ISSUE $355,000 GENERAL OBLIGATION CAPITAL NOTES OF 1990 Wallin moved adoption of Resolution R-90-3 which carried unanimously. RESOLUTION R-90-3 A RESOLUTION RELATING TO $115,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF PROPOSED CODE AMENDMENTS RELATING TO ACCESSORY BUILDINGS AND STRUCTURES Planner Susan Hoyt Taff reviewed the proposed code amendments and explained one would eliminate conflicting definitions and the other would allow new single family dwellings and new additions to existing single family dwellings to be constructed with an attached garage in front of the principal structure. The Public Hearing on the amendments was held by the Planning Commission at the January 8, 1990 meeting and that body unanimously recommended approval. Gehrz moved adoption of Ordinance 0-90-1 which carried unanimously. ORDINANCE 0-90-1 AN ORDINANCE AMENDING CHAPTER 9-2.04, SUBBDIVISIONS 1(b) AND 1(f) OF THE CITY'S MUNICIPAL CODE RELATING TO THE DEFINITION AND PLACEMENT OF ACCESSORY STRUCTURES PURCHASE OF NEW PICK-UP FOR PUBLIC WORKS DELAYED • Wiessner explained that three bids were received, but no bidders bonds accompanied them disqualifying the bids. She added that it may be possible to purchase a pick-up by participating in a Hennepin County bid for similar trucks. Council directed Wiessner to pursue purchasing through Hennepin County and if that is not possible to readvertise for bids. M.INLTES ~ J A1~TUP_RY 10 , 19 9 0 PAGE 4 SMOKING POLICY P.DOPTED Baldwin presented the proposed Smoking Policy for the City building and vehicles after which Council held a discussion regarding phasing in a smoke free facility. Council was in agreement on the proposed policy and established the following time line for the smoke-free phase-in: Fire Department lounge and kitchen, July 1, 1990, Fire Chief's Office, January 1, 1991, Public Works Office, July 1, 1991, and Public Works Restroom, January 1, 1992. Wallin then moved adoption of Ordinance 0-90-2 which carried unanimously. ORDINANCE 0-90-2 AN ORDINANCE P~~iENDING PART 2 OF THE MUNICIPAL CODE (PERSONNEL FOLICIES), ADDING SECTION 2.2-12, (SMOKING POLICY) PROPOSED AI~NDM~NTS TO PERSONNEL POLICY RELATING TO SICK LEAVE AND ETHICS irliessner explained that a portion of tale Sick Leave section was inadvertant~~r omitted at the time the Personnel Policy was adopted. Council recommended scme changes in the language and directed Stars to make the suggested charges and place the item on the January 24th Consent Agenda. Council tzen reviewed the proposed amendment relating to an • Ethics Policy, after which Ciernia moved adoption of Ordinance 0-90-3. Motion carried unanimously. ORDINANCE 0-90-3 AN ORDINANCE AI`~IENDING PART 2 CF THE MUNICIPAL CODE (PERSONNEL POLICIES), ADDING SECTION 2-2.13, (ETHICS POLICY) COUNCIL WORKSHOP SCHEDULED TO FOLLOW 1/24/90 COUNCIL MEETING Council scheduled a Workshop to be held immediately following the January 24, 1990 Council Meeting to discuss revisions to the City Compensation System. PROPOSED AMENDMENT RELATING TO ALCOHOLIC BEVERAGE LICENSING Baldwin explained that a problem arose regarding the Chinatown Restaurant Wine License due to the fact that the City Code wording has been intrepreted to prohibit issuance of such licenses to any business on premises where there are delinquent financial claims due the City. Since there are outstanding claims against the owner of the property, it would not be possible to issue the annual wine license. Gedde presented language for a proposed code amendment, which should alleviate the problem, after which Gehrz moved adoption of Ordinance 0-90-4 with changes recommended by Council. Motion carried unanimously . MINUTES JASIUARY 10 , 19 9 0 PAGE 5 ORDINANCE 0-90-4 AN ORDINANCE ALyIENDING CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO ALCOHOLIC BEVERAGES C:-iINATOWN RESTAURANT WINE LICENSE APPROVED Ciernia moved approval of the Chinatown Wine License contingent upon publication of Ordinance C-90-4 and the motion carried unanimously. COUNCILMEMBER PAT BUSH RESIGNS Baldwin presented a letter of resignation from Councilmember Pat Bush and explained that the reason for the resignation was that at this time, the family intends to move from the City. Council expressed regret at the resignation after which Wallin moved adoption of Resolution R-90-4 accepting the resignation. Motion carried unanimously. RESOLUTION R-90-4 A RESOLUTION ACCEPTING THEiRESIGNP_TION OF PAT BUSH FROM THE CITY COUNCIL A1~1D DECLARING A VACANCY ON THE COUNCIL Council discussed the procedure for appointing a replacement member and scheduled a time-line for the appointment as follows: Applications will be taken until February 16th, interviews with qualified applicants will be held the week of February 26th, with the appointment to be made at the March 14, 1990 Council Meeting. ADJOURNMENT The meeting was adjourned at 9:17 P.M. Tom Baldwin, Mayor ATTEST: Shirley Chenoweth, City Clerk ?leetinst Date : 2/5/90 Agt*+da Item: E-1 CITY OF FALCON HEIGHTS PLANNING COMMISSION ITE*! DESCRIPTION: 7:45 P.M. A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFF-SALE LIQUOR STORE AT 1559 WEST LARPENTEUR AVE. IN A B-2 ZONE - ADVERTISED IN THE 1/24/90 FOCUS NEWSPAPER SUBKITTID BY• Mr. James Kettner, Proposed Proprietor and Tenant Mr. Dennis Hunt, Property Owner EEVIEiTED BY: Susan Hoyt Taff, City Planner l~Ld?lATZOA/SDl4SARY (attach additional sheets as necessary): INFTRODtJCTION Mr. James Kettner, on behalf of the property owner Mr. Dennis Hunt, is requesting the Planning Commission to grant a conditional use permit for an off-sale liquor store at 1557 West Larpenteur Avenue (see Attachment A). Section 9-10.01, Subdivision 2(0) of the Zoning Code requires a conditional use permit for an off-sale liquor store in a B-2 Zore. Mr. Kettner plans to lease the vacant 1,977 square foot retail space in the west end of the Bullseye Shopping Center from the leasing agent, the Calhoun Company. He will be the proprietor of the store. A diagram of the interior store layout is attached (Attachment B). Mr. Kettner will operate the store with four to six part-time employees. The proposed hours of operation are: Monday thru Friday 8:00 A.M. to 8:00 P.M. Saturday 8:00 A.M. to 10:00 P.M. Sunday Closed BACRC~OOTID You may recall that in May, 1989 Mr. Dennis Hunt requested a conditional use permit for a portion of this building for an off-sale liquor store with the possible addition of a deli/restaurant in the remaining space. Mr. Hunt's request did not proceed because he failed to pay his 1989 taxes on this property, which is a requirement for getting a municipal liquor license. These taxes are still outstanding. However, a recent City Council action allows a tenant in a building where the property taxes are delinquent to qualify for a municipal liquor license. (For example, the proprietor of the Chinatown Restaurant in the Bullseye Shopping Center renewed her wine license this year despite the delinquent taxes on the property.) Therefore, to the best of the City's knowledge to date, Mr. Kettner is eligible for a municipal liquor license. However, he cannot lease the vacant space for an off-sale liquor store operation without the City's approval of it as a conditional use. And, as you are well aware, a conditional use permit rests permanently with the property--not the proprietor of the store. Therefore, Mr. Kettner's request is made with the consent of the property owner, Mr. Hunt. RELATID Il~iEC7RMATION: The Bullseye Shopping Center property is currently for sale. According to Mr. Heimbuch of the Calhoun Companies, someone is close to purchasing the property. The proposed liquor store is in a Tax Increment Financing District (TIF). Therefore, a return on the TIF investment through property taxes is important to the City. Filling a vacant space in the Bullseye Center with an appropriate use may improve the current owner's ability to pay the back taxes on the property and/or expedite the sale of the property. As you may recall, an off-sale liquor store is tentatively included as a possible tenant in the preliminary PVI proposal for the southeast corner of Larpenteur/Snelling. This project is at a very preliminary stage in the development/TIF process. No final plans have been submitted to date. SITE This proposal presents no obvious problems on this site. After several drive-bys at various hours, the parking area appears adequate to accommodate the additional, short-term customer parking generated by the proposed business. The required parking is included in the 99 spaces aJ.located to the 21,948 square feet of retail space in the Bullseye Parking variance dated May, 1989. Several years ago, an off-sale municipal liquor store was located adjacent to this site, where the Embers currently is. City staff is not acaare of any conflicts between the municipal liquor store and the surrounding neighbor- hood during its operation. • a~• lo- u ~ • If the Planning Commission recotranends granting a conditional use permit for an off-sale liquor store at 1557 West Larpenteur Avenue, the following conditions should be considered: 1. Hours of operation. M - F 8:00 A.M. - 8:00 P.M. Saturday 8:00 A.M. - 10:00 P.M. Sunday - Closed 2. Meet all applicable City and State codes ACTION REQUESTED 1. Hold public hearing. 2. Review and discuss. 3. Make recommendation to City Council. • MINliTES - REGULAR 'PLANNING CO~'1NSISS70N MEETING JAANUARY 8, 1890 PAGE 2 - Counclmember Ciernia stated that the Commission has many. ac ive, engaged anal dedicated .people. serving ,on Commissions. then considering the issue, representation will be .pant. of the discussion as a31 parts of Falcon. Heights should be represented. Also, whethQr or_mat the numbers cf members make discussions unnecessarily cumbersome will be discussed. Mayor Baldwin suggested. that the number o£ members an the Commission should be reduced to expedite the-decision-making process. He suggested that other communities may have smaller. Commissions. It makes for a more efficient group. When choosing members for Commission appointment, representation is revuewed and greatly considered. Hs sa~.d he dd not want to fa'l back to 'seven Commissioners by just not re-firing vacanciesbecause this action might be misinterpreted. Nestingen and Black agreed that all parts of the City should be re resented and should be conscousl considered when a ointments pP P Y are made. The'Flannng Commission works ,well with itr present number of.members and did not feel a reduction is in order. paykn was. not opposed to a reductan taut felt a larger number allowed subcommittee .assignments to be'filled more. easily. After 'further discussion, Finegan mov4~, seconced by Deykin, that ~t was the cnncensus of the Plarming Commission that it would be difficult to maintain representation of the entire City, that. diversity of .opinion has_not'created difficulties, and, therefore, tie Planning Commission recommen8s that its present size be maintained. The motion carried unanimously. Finegan moved, seconded by Nestingen to nominate Leonard Boche se Chairperson a: the Planning Commission. The. motion carried unanimously. Nestingen moved, seconded by Finegan, to nominate Donna Daykin as Vice-Ohair/Secretary. The motion carried. unanimously. STAFF UPDATE ON TSE PROPOSED SHOPPING CENTER BY PROFESSIONAL VENTURES AT THE S~t7T EAST CORNER OF' LARPENTE~TR AND SNELLING AVENU S T A `H--2 ZONE P annex Susan Hoyt Taff advised that the City Council entered itttc~ a Preliminary DQVelvpment Agreement .with Professional .Ventures Developers on December 13, 1989. She reviewed the site plan, type of construction, types of prabab].e tenants, traffic patterns and Barking for the 66000'.square foot,. one-story eommercialstructure. She also advised- that a Code change w11 be necessary t© accommodate a day care center as a conditional.. use, as well as other areas: whereconditanal uses and variances may: be required. One of the major constraints on the site MINUTES REGULAR 'PLANNING COMMISSION MEETING JANUARY 8,.1990 PAGE 3 is the available parking, which would fail short of the City's Code requirements. by ?3 spaces. She will keep the Commission abreast of the progress..of the proposal. It may be on the .agenda for the February Commission meeting. MEETING DATE CHANG£• Boche requested that Planning Commission meeting be held on the .second. Monday of the month due to members' conflicts. Next. meeting will be February l2, 1990.. ADJOURNMENT Black ueclared the meeting adjourned. at 8:50 P.M. I !~ Submitted by: Katherine J. Zimmerman APPROVED: i Edgar Finegan, Secretary • CITY OF FALCON HEIGHTS PLANNING COMMISSION AGENDA FEBRUARY 5~ 1990 A. Call to Order: 7:30 P.M. B. Roll Call: Barry Boche Carroll Daykin Duncan Finegan Nestingen C. Approval of Minutes - January 8, 1990 D. City Council Minutes for January 10, 1990 E. Public Hearing: 1. 7:45 P.i9. A Public Hearing on a Request for a Conditional Use Permit for an Off-Sale Liquor Store at 1557 West Larpenteur Avenue in a B-2 Zone • F. Reports, Requests and Recoamendations: 1. Change of Meeting Date 2. Request for Proposals from Planning Consultants to assist the Staff and Planning Commission in revising the Comprehensive Municipal Plan 3. Consideration of the Council Council Meeting Standing Rules 4. Information on Ark Development, Inc. Proposal for the property north of City Hall (Stratford Office Park) - Report at Meeting G. Adjourr~ent: MINUTES REGULAR'PLANNING COMMISSIOiV MEETING JANUARY 8, 1990 Chairman Black called-the meeting to order at 7.30 PM: PRESENT Black, Bvche, Daykin, Duncan, Finegan, and Nestingen. Also present was Council Liaison Ciernia and Planner Susan Hoyt Ta~f. ABSENT- Barry, Carroll and Grittner. DECEMBER 4, 1989 MINUTES APPRpVED Nestingen moved, seconded by Finegan, approJaiof the December 4, 1989 Minutes as presented. Motion carried unanimously. PUBLIC HEARING ON PROPOSED GF3ANGES TO 9-2.04, SUBDIVISION ?(b} A~tD 1 f} OF 'THE CITY:CODE. RELATING TO T E DEr^INITION AND THE PLtZCEMEN'." OF ACCESSORY STRUCTURES B1ac:c opened the Pub?c Hearing a ?:35 P.M. and presented the Affidavit of Publication: Since no one requested to be heard and. he fact that the Planning Commission had thoroughly discussed the Cade changes at the previous meeting, Black closed the Public Hearing at 7:.40 P.~i. Daykn moved,. seconded by Duncan, approval of the following changes to the City Codes 9-2..04 Accessvr Bui?dns and Structu.es. Subdivision ?. Genera3. b An aces spry building shall be considered as an`integral part of the principal building if it is located less than twelve f12} feet from the. principal building with teepee to frewa3l and other requirements of the Building Code arr~-gig--. {f} No detached .garages or other accessory building shall be located nearer to the front .lot line 'than the principal , building on that lat with. the eacception of an attached garage in an R-1 Zone The emotion earried unanimously. DISCUSSION ON NUMBER OF PLANNING COMMISSION MEMBERS AND EZECTION OF .OFFICERS. Planner Susan Hoyt Taff advised that the issue of the possibility of reducing the size o~ Commissions was on the January 10 1990 Council agenda. She noted that. the Code required seven to nine Planning Commission members; historically, nine member are appointed. ., ,~, -N.,