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HomeMy WebLinkAboutCCMin_94Apr13~~~ MINUTES REGULAR CITY COUNCIL MEETING APRIL 13, 1994 Baldwin convened the meeting at 7:02 p.m. PRESENT Baldwin, Gehrz, Gibson Talbot and Jacobs. Also present were Filla, Hoyt and Phillips. MINUTES OF 3/23/94 APPROVED AS CORRECTED. ADDITION OF ITEM C-6, MEETING NOTICE, TO CONSENT AGENDA Council approved the addition of Item C-6, Meeting Notice, to the Consent Agenda. ITEM C-4 MOVED FROM CONSENT AGENDA TO POLICY AGENDA. Request for a variance to Chapter 9-4.01, Subd. (41 of fifteen feet three inches (15'3") to the required thirty foot rear yard setback and to Chapter 9-2.04, Subd. 1(c) of two feet three inches (2'3") to the required five foot side yard setback for 1775 Asbury St. was removed from Consent Agenda to the Policy Agenda. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. a. General disbursements through 3/31 /94, 521,492.77 b. General disbursements through 4/7/94, 59,298.26 c. Payroll, 3/16/94 to 3/31 /94, 510,561.08 2. Licenses 3. Appointment of Paul Martinez to the Human Rights Commission 4. Authorization to enter into a contract for the demolition of 2061 W. Larpenteur Ave. 5. Meeting Notice DISCUSSION ON THE NORTH SUBURBAN TOBACCO COMPLIANCE PROJECT AND FALCON HEIGHTS COMPLIANCE Cindy Schwie, coordinator for the North Suburban Tobacco Compliance Project, briefed the council on the procedure of how compliance checks are carried out and to report on Falcon Heights' compliance record. Schwie indicated that only one of six 1~~~ Page 2 Council Minutes April 13, 1994 vendors checked in Falcon Heights failed to comply which means that the city was 84% in compliance. She also advised the council of a workshop coming up the first week of June in which all vendors and/or employees are invited to participate. The workshop educates and trains participants to be more aware of underage teens wanting to purchase tobacco products and how to deal with the issue. Jerry Filla, prosecuting attorney for the city, provided some information on the ordinances and statutes governing the sale of tobacco to minors. The city's licensing section of the code provides for license revocation of any business that does not operate according to local, state or federal laws. Filla noted the city may want to consider revising the code to include a statement that stores selling tobacco to minors will have their license revoked after a set number of illegal sales within a set period of time. Filla suggested the city might consider revoking a vendor's cigarette license rather than their business license. Council asked staff to notify the business that failed that the manager and employees should attend the workshop and that other businesses should be notified too. Mayor Baldwin stated the council will look at the present ordinance and come back for further discussion at a future meeting. REQUEST FOR A VARIANCE TO CHAPTER 9-4.01, SUBD. 4 OF FIFTEEN FEET THREE INCHES (15'3") TO THE REQUIRED THIRTY FOOT REAR YARD SETBACK AND TO CHAPTER 9-2.04, SUBD. 1(C) OF TWO FEET THREE INCHES (2'3") TO THE REQUIRED FIVE FOOT SIDE YARD SETBACK FOR 1775 ASBURY STREET The request of Mr. and Mrs. Wiger to obtain a variance to construct a two story addition and two story attached garage to the rear of the dwelling at 1775 Asbury St. was brought before the council. Phil Carlson, planning consultant who presented the request reiterated that this lot is 75 feet deep and 96 feet wide; therefore, due to the shallow size, the proposed two story addition would come within 14 feet of the rear yard line, well into the required rearyard setback of 30 feet. The planning commission recommended denying the request for a variance because they determined that it did not meet the standards for granting a variance and that the owner re-configure the proposed addition to use the available side yard area and, therefore, require a less substantial variance. Mr. Carlson presented an option to the council on how an addition to the south might be considered. Mr. Wiger told council he would still have to apply for a variance if he came up with a new set of plans for an addition utilizing his side yard. He also indicated he wants to keep the "colonial" look to his present two story home and feels an addition to the south side of his home would look like a large "add-on" and would be undesirable. J~~ Page 3 Council Minutes April 13, 1994 Mr. Glen Olson, 1780 Asbury St., a neighbor to the rear of 1775 Asbury, indicated to the council that he feels it would be detrimental to the value of his property and also would encroach on his rearyard privacy. Mr. Olson's son, Mr. Ken Olson, was also present and commented that he thought the code was set up with certain setbacks for a reason and the city should adhere to the code's 30 foot rearyard setback. Mayor Baldwin reminded council that they should not look at the personalities involved, they should look at the property. He also suggested the 30 foot rearyard setback in the code may not be appropriate for that particular area of the city and there were other homes in that area that have additions to the rear. Councilmember Gibson Talbot remarked that council should look at the code rather than individual requests. After further discussion, Councilmember Jacobs moved to deny the variance and support the recommendation of the planning commission that recommended denial of the variance as stated in the planning commission report because it did not meet the hardship standards for granting a variance including the following reasons: 1. The property owner did not demonstrate a hardship in order to have a variance granted. 2. Any past variances granted by the city, and any building or site improvements that do not conform to the city's zoning code, do not create a hardship for a property owner requesting a variance, and therefore, are not a reason for granting a variance. Although there are some existing structures which encroach into the rear yard further than the 30 foot rear yard setback along this block with the shallow lots, the city records do not show that any variances were granted for this purpose. No additions appear to be two stories in height. Two building permits for rear yard additions were found in the files. 3. A property owner's preference for how the interior space is arranged in a home or how the exterior of a home is designed are not identified as a hardship standard for granting a variance. If a variance was the only way to preserve the architectural or historical significance of a structure, this might meet the standards for granting a variance. The proposed addition of a two story attached garage to this two story home will change the exterior appearance and symmetry of the structure. ~~ Page 4 -Council Minutes April 13, 1994 4. A fence, even a six foot high fence, or a tall hedge, will not eliminate the impact of a two story garage and house within fourteen feet of the neighboring property to the west because the addition will be substantially higher than the fence or landscaping. 5. The variance request does not meet the standards for granting a variance. Additional specific points in the discussion included that: • The property is not unusually small in area for Falcon Heights. There are three blocks that are configured in this manner in the city. • There is an alternative method for constructing an addition to the property that does not require a substantial variance. • Any additional cost for constructing to the south of the property instead of to the west of the property is not a reason for granting a variance. • The adjacent property value at 1780 North Snelling Drive might be negatively affected by the addition of a two story home 14 feet from its rearyard, which is also quite shallow. (The variance does not require that a dollar amount to be assigned to a loss of property value, but that it be based upon a commissioner's sense of whether or not 1780 North Snelling would be more desirable, less desirable or remain the same as a result of granting the variance for the neighbor to the east.) The motion by Jacobs carried with Gehrz, Gibson Talbot, and Hustad in the affirmative and Baldwin voting against. REQUEST FOR THE SOLID WASTE COMMISSION TO PARTICIPATE IN THE PROJECT CHILDSAFE CAR SEAT COLLECTION ACTIVITIES Councilmember Hustad reported on the commission's request to participate in the Project Childsafe program in conjunction with the Ramsey County Department of Public Health and other Ramsey County communities. The project is designed to recycle used, safe child carseats and to collect and dispose of used, unsafe child carseats. The Solid Waste Commission requests to conduct the car seat collection in conjunction with the annual community Ice Cream Social and will approach the Falcon Heights/Lauderdale Lions Club for volunteers in collecting car seats and for funding to cover the 53.00 per car seat rebate. Councilmember Hustad moved to authorize the Solid Waste Commission to pursue the activities associated with Project Childsafe and the motion carried unanimously. Page 5 Council Minutes April 13, 1994 ~~ REQUEST FOR CONSIDERATION OF ACCESS TO HEALTH INSURANCE COVERAGE FOR PERMANENT, PART-TIME EMPLOYEES AT 50% TIME Administrator Hoyt updated the council regarding the city's personnel policy and the fact that it does not provide health coverage for its permanent part-time employees. The full time city employees are covered under the Ramsey County health insurance policy and Ramsey County permits part-time, permanent employees to be covered if the city council chooses to do so. The city presently has two permanent part-time employees who have the same performance expectations and commitments as the city's full-time employees. Councilmember Hustad inquired as to what the highest amount was that the city could expect to pay and was told it could be a 54,200 per year possible expenditure. Councilmember Gibson Talbot moved to approve the funding at 50% of the full-time level with a maximum benefit of 5175/month toward health insurance coverage per permanent part-time employee budgeted at 50% time. Motion carried unanimously. RESOLUTION SUPPORTING CITY UNITY DAY ON APRIL 21, 1994 SPONSORED BY THE LEAGUE OF MINNESOTA CITIES The League of Minnesota Cities is asking cities to pass a resolution declaring April 21, 1994 as City Unity Day throughout the state. The resolution requests the legislature to restore the shortfall in the local government trust fund which funds the cities' local government aid (LGA) and homestead and agricultural credit aid (HACA) through the state general fund surplus. The resolution also supports a variety of other LMC initiatives on behalf of cities. It was suggested to amend the resolution by adding a statement to encourage the League and the Legislature to work cooperatively and respectfully together. Councilmember Gehrz moved to adopt the resolution and motion carried unanimously. R-94-16 CITY UNITY DAY RESOLUTION ADJOURNMENT The meeting adjourned at 9:38 p.m. Patricia Phillips, Interim Se tart' Tom Baldwin, Mayor