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MINUTES REGULAR CITY COUNCIL MEETING MARCH 24, 1982 PAGE 4 Engineer Lemberg reported that the contractors are working on the new Community Building,. the excavation for the basement area has~been com- pleted, and they plan to pour the footings by the end of the week. Harold J. Westin presented a plat for single family residences on the 3.38 acres adjacent to Falcon Woods. He explained that they had attempted to make a lay out which would give the maximum efficiency in the use of utilities and roads in order to provide housing that is affordable. Mr. Westin requested response from Council in accordance with Ordinance ~~69 and Section 14.6 of Ordinance ~t64 (which provides for variances) and explained that with this proposed plan the density would be 4.14 which is less than in other areas of the community. Mayor Warkentien moved, seconded by Councilmember Larson, that the plat be accepted under the provision of the ordinance and that the matter be referred to the Planning Commission requesting that body to take specific recommendations as to lot size, etc. Motion carried unanimously. Councilmember Ciernia inquired as to whether the plat implies there will be an exit to Cleveland to which Mr. Westin replied that the development carries out an existing plat of a road on Prior and the traffic for this particular development would not justify a road to Cleveland. Mayor Warkentien informed that he had been in contact with a Vice President of Planning at the University of Minnesota, a University Planner and a member of the Plot Committee from the School of Agriculture in regard to a Cleveland access. That group agreed to discuss the matter with Dean Hueg and an answer is expected soon. If the administration does approve the access to Cleveland it would still be necessary to obtain approval from the Board of Regents. Mayor Warkentien informed that as of this date (March 24, 1982) at 4:23 p.m. the Clerk Administrator was served with a summons by American Shelter Corporation as Plaintiff versus City of Falcon Heights as Defendant. Attorney Swanson explained that it will be necessary to defend the City Council and the Zoning Ordinance. It is a question of whether the action of the Council was proper or whether the court may direct that the rezoning take place. He stated that in zoning matters of this type the Plaintiffs have a heavy burden to show that the action was arbitrary and capricious. as they have to show that by denial of the rezoning it, in effect, amounts to a spot zoning contrary to the City Plan and to the development area. ~~ COMMUNITY BUILDING UPDATE HAROLD J. WESTIN PRESENTS PLAT FOR SINGLE FAMILY HOMES SOUTH OF FALCON WOODS AMERICAN SHELTER FILES QUIT AGAINST CITY Councilmember Larson moved, seconded by Councilmember Eggert, that the matter be referred to the City Attorney for answer. Motion carried unanimously. Councilmember Larson moved, seconded by Councilmember Chestovich, ADJOURNMENT that the meeting be adjourned at 9:14 p.m. M ion carried un i s ~. Atte ~~~~' y~ Willis C. A. Warkentien, Mayor Dewan B. Bs..rnes, Clerk Administrator. Regular City Council Meeting of March 24, 1982