The URL can be used to link to this page

Home My WebLink AboutCCMin_93Jan27~~~ MINUTES REGULAR CITY COUNCIL MEETING JANUARY 27, 1993 Baldwin convened the meeting at 7:00 p.m. PRESENT Baldwin, Ciernia, Gibson Talbot and Jacobs. Also present were Bachman, Chenoweth and Hoyt. ABSENT Gehrz. ADDENDA TO AGENDA Council approved the addition of the following items to the agenda: 1) Consent Agenda Item C-6, Resolution in Support of Application for a Community Development Block Grant by Northwest Youth and Family Services, 2) Policy Agenda Item P-2, Consideration of bids for $1,200,000 G.O. TIF Bonds of 1993, and 3) Policy Agenda Item P-3, Resolution Calling Outstanding G.O. TIF Bonds of 1985 for Redemption. MINUTES OF 1/13/93 APPROVED Council approved the Minutes of January 13, 1993 by unanimous consent. CONSENT AGENDA APPROVED The following Consent Agenda was approved by unanimous consent: 1. Disbursements a. General Disbursements through 1/21/93, $268,260.92 b. Payroll, 1/1/93 - 1/15/93, $12,738.67 2. Licenses 3. Authorization to purchase new John Deere Snowblower from Scharber & Sons at a cost of $1,049.03 4. Approval of personnel actions for 1993 5. Adoption of Resolution R-93-06 Amending the Variance approved 5/27/92 for 2099 Folwell 6. Adoption of Resolution R-93-07 Supporting Application for a Community Development Block Grant by Northwest Youth and Family Sevices SALE OF $1,170,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1993 (BULLSEYE AND COFFMAN PROJECTS) The city's Fiscal Consultant David Maroney explained that the nine bids received were opened at 11:00 a.m. on January 27, 1993 and presented the bids to council. Maroney recommended awarding the bid to the low bidder, John G. Kinnard and Company, Inc. at D~0 MINUTES JANUARY 27, 1993 PAGE 2 an interest rate of 4.6079%. Ciernia moved, seconded by Gibson Talbot, adoption of Resolution R-93-08 which carried unanimously. RESOLUTION R-93-08 A RESOLUTION RELATING TO $1,170,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS OF 1993; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR ADOPTION OF RESOLUTION CALLING OUTSTANDING G.O. TIF BONDS OF 1985, SERIES B FOR REDEMPTION (STRATFORD PROJECT) Baldwin presented the proposed resolution after which Jacobs moved, seconded by Gibson Talbot, that Resolution R-93-09 be adopted. Motion carried unanimously. RESOLUTION R-93-09 A RESOLUTION CALLING OUTSTANDING GENERAL OBLIGATION BONDS OF 1985, SERIES B FOR REDEMPTION REQUEST FOR NECESSARY VARIANCES FOR A GARAGE AT 1433 W. IDAHO Hoyt explained that Mr. Tom Brace and Mrs. Gunta Brace, 1433 W. Idaho, had applied for and were issued a building permit for construction of a 988 square foot garage, and that the construction proceeded until the city determined that the building did not conform to the zoning code. She then reviewed the staff report dated January 20, 1993 (a copy of which is on file in the city office) addressing subsequent actions such as determination that the garage did not conform to the code, issuance of a stop work order and the city attorney's determination that it would be appropriate for the property owners to apply for all necessary variances. The specific variances are 1) a five-foot rear and sideyard setback, Ch. 9 Section 2.04, Subd 1(c), 2) rear yard coverage, Ch. 9, Section 2.04, Subd 2(b) and 3) Maximum number of off-street parking spaces per dwelling unit, Ch. 9, Section 4.01, Subd. 5(e). Three alternative actions presented for consideration were 1) grant all necessary variances for the garage as built and lift the stop work order, 2) Deny all variances and require downsizing to 600 square feet and make no offer to pay costs and 3) Grant the variances to downsize the garage to 780 square feet and offer to pay the property owners the cost of downsizing. Ciernia, who serves as council liaison to the Planning Commission reviewed the commission's 4 hour discussion at their January 25, 1 MINUTES JANUARY 27, 1993 PAGE 3 ~~ 1993 meeting and commented on the complexity of the problem created by the city's error in misinterpreting the code. He explained that the new garage has the same boundary on the south as the old garage, does not further encroach into the yard, but extends further towards the alley and this fact had an impact on the commission's decision to recommend approval of all necessary variances with conditions. It was viewed that the structure would not have a "substantial" negative impact on either neighboring property as it reduces visibility only to the alley. Tom Brace, 1433 W. Idaho, commented on his economic loss, as he had removed a good existing two car garage to construct the new four car garage, had made every attempt to be sure that the garage was correct, and had kept his neighbors informed regarding the size and placement of the garage. He had also hired an appraiser who determined the structure would not decrease property values. Other oversized garages in Falcon Heights, Roseville and the Como area of St. Paul had been researched and no negative comments were received. Mr. Brace circulated photos of some of these oversized garages. He also indicated he had circulated a petition which had been signed by his neigbors except for Mrs. King, who was not asked to sign. Helen King, 1427 W. Idaho, stressed that she had spent a great deal of money on repairs and landscaping on her property and her appraiser indicated a property devaluation due to the garage. She wanted the council to protect the character of the neighborhood, to look at the whole neighborhood, not just abutting properties. She asked that the city stick to the codes. Mrs. King indicated she had also researched garages in Roseville where lots are much larger than in her neighborhood and found nearly all had two car, not three or four car, garages. Tom McClintick, 1417 W. Idaho, said he signed the petition, but was displeased with the city dropping the ball in this matter. A discussion ensued regarding standards for granting variances and how it is determined whether or not certain standards apply. Bachman explained that the financial interest of the garage owner and the fact that the permit was issued in error makes this an unusual circumstance which does impact a property right substantially. Baldwin indicated he had no trouble with the Planning Commission's findings and recommendation to grant the variances, however, suggested deleting the portion of the condition attached to the variance regarding replacement of the structure if it is intentionally damaged by a party other than the property owner. . V .~ w MINUTES JANUARY 27, 1993 PAGE 4 All councilmembers concurred and the condition will be amended to reflect that change. Following further discussion Ciernia moved that the Planning Commission's findings, conditions (as amended) and recommendation be accepted and that Resolution R-93-10 be adopted. Motion carried unanimously. RESOLUTION R-93-10 A RESOLUTION GRANTING NECESSARY VARIANCES (WITH CONDITIONS) AND STATING FINDINGS FOR CONSTRUCTION OF A GARAGE AT 1433 WEST IDAHO AVENUE INFORMATIONAL ITEM NOTED 1. Parks and Recreation Commission Minutes of 1/11/93 1 ADJOURNMENT The meeting was adjourned at 8:55 p.m. ~~~ T ~ Baldwin, Mayor L i !! ,~ ATTEST: Shirley C~enow~th, City Clerk (n 13 CONSENT AGENDA 1/27/93 CORPORATE Advanced Cleaning #1086 Ann's Tailoring #1083 Buck's Unpainted Furniture #1088 DeLange Dancers Studio, Inc. #1098 Do It Yourself Upholstery #1085 Falcon Heights Pharmacy #1082 Hewlett Packard #1084 Image Premastering #1087 John R. Benepe, DDS #1090 David L. Wasson, Graphic Design #1089 REFUSE HAULERS Ben Oehrlein & Sons & Daughter, Inc. #1091 GENERAL CONTRACTORS DeMars Signs #1093 SignArt #1092 MECHANICAL A-Aarons #1095 Air Conditioning Associates, Inc. #1094 Thermex Corporation #1097 Wenzel Heating & A/C #1096