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HomeMy WebLinkAboutCCMin_81Nov4_SpecialMINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1981 .~ {,'j + C7 ;~ ~ A special meeting of the Falcon Heights City Council was called to order at 7:30 p.m. Mayor Warkentien, Councilmembers Steele, Brown, Eggert and Larson. Also PRESENT present were Clerk Administrator Barnes and Attorney Allen. Engineer Lemberg arrived later. None. Two items of new business were added to the agenda as follows: (1) Mutual Aid Agreement, and (2) Proposed rezoning of Rose Hill Property. Councilmember Eggert moved, seconded by Councilmember Larson, that the Consent Agenda be approved as presented. Motion carried unanimously. 1. Liquor Disbursements 10/27/81 - 10/31/81 $ 8,627.33 2. General Disbursements 10/28/81 - 11/4/81 $20,882.78 3. Liquor Payroll 10/16/81 - 10/31/81 $ 2,941.66 4. General Payroll 10/16/81 - 10'/31/81 $ 4,591.14 Councilmember Brown moved, seconded by Councilmember Eggert, that the Minutes of October 28, 1981 be approved as presented. Motion carried unanimously. Clerk Administrator Barnes explained to Council that Ramsey County is in favor of posting Fairview Avenue, Larpenteur to Roselawn, "No Park- ing Anytime" on both sides due to the fact that residents have reported parking on the newly installed bike paths. A shortdiscussion followed after which Council tabled the matter until the Fairview Avenue residents are contacted for input. Councilmember Larson presented a variance request from Robert Butala, 1530 W. Iowa, to place a driveway 2~' from the east property line. She informed Council that the matter had been discussed Thoroughly at the Planning Commission Meeting of November 2, 1981 after which that body voted 5 to 4 to approve the variance request. The decision was reached after input by Mr. Butala and his neighbor Mrs. Johnson, 1524 W. Iowa, who strongly objected to the driveway. Councilmember Larson .stated that she was not sure how much right a Council or Planning Commission has to regulate persons lives and that in these times it would be difficult to buy a new home just because of a need for addi- tional space. Councilmember Larson then moved, seconded by Council- member Eggert, that the variance be approved as recommended by the Planning Commission. Since all members of the Council had been present at the Planning Commission Meeting and had viewed the proposed driveway site the following comments were made: Councilmember Eggert had visited the site,•measured the proposed drive- way area and found that there was 21 feet between the two homes. He stated that since one of the main objections made by Mrs. Johnson was noise, he could not see that as sufficient grounds for denying the re- quest as the difference between 10 and 12~' would not make much difference as noise is concerned. He also stated he felt Mr. Butala's ABSENT NEW BUSINESS ADDID TO AGEAI CONSENT AGENDA APPROVED MINUTES OF 10/28/81 APPROVID POSTING OF FAIRVIEW DEFERRID VARIANCE REQUEST FROM B. BUTALA 1530 W. IOWA APPROVED MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1981 PAGE 2 plans for the driveway, garage and home addition would enhance the neighborhood and would be an asset. Mayor Warkentien stated that the City in the past has not granted variances to persons unless that person presents a signed statement from the adjoining neighbors indicating approval. In this case Mrs. Johnson did oppose the variance and there were others in attendance who also were in .opposition. Mayor Warkentien objected to a state- ment made at the Planning Meeting which stressed that the City must intensify the use of property in the Northome area. He did not agree with that concept and would, himself, object to a driveway Ouch as is proposed) next to his residence. He also commented on a housemen the City where a large addition was allowed and then the family moved with- in a year. Mayor Warkentien stated he would not vote to grant the variance. Councilmember Steele expla.ia-~ed he was at the Planning Commission Meet- ing and had talked dirs. Johnson and Butala and had walked the property. He stat~._ c:te would be against allowing the driveway as there viable alt_~:w~arives such as building to the back of the house or turning the exiting garage into living area and not parking the cars in a garage. He also stated that the proposed plans would not be an enhancement .for either property and that the property to the east would have a depreciation of the evaluation in an amount of approximately $10,000 (as he was informed by Mrs. Johnson). Councilmember Eggert in- quired as to where the depreciation figure came from and Councilmember Steele replied Mrs. Johnson had told him the quote was from a real estate agent who did appraise her property. Councilmember Larson asked Attorney Allen if the Council can legally deny or approve a variance or conditional use on .the basis of approval or disapproval by neighbors. Attorney Allen replied that it can be used as a factor but, probably, cannot be the sole reason for rejection or approval. Mayor Warkentien gave the names of the three adjoining neighbors who had indicated approval of the variance (Arthur Bjoraker, 1529 W. Hoyt, A. G. Timmers, 1523 Hoyt, and Thomas Jones, 1534 W. Iowa). Mr. Butala stated he had reviewed all the options in the past 6 months and the plan presented is the only one acceptable to him (including cost). He stated he felt the plan would enhance the neighborhood and that he had observed a number of similar types of garage installations in the City which did not have an adverse effect on the neighborhood. He also stated he was very determined in the matter and felt this was the most cost effective way to accomplish what he is attempting to do. Mayor Warkentien commented that he did not feel that Mr. Butala was attempting an addition which would be an eyesore or that he is over extending his need for a driveway, but that the neighbor next door has the right to privacy in her bedrooms and that are other ways in which the matter could be handled. t: VARIANCE (cont.) MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1981 PAGE 3 Mrs. Johnson indicated that she was determined that the driveway should not be constructed. Upon a vote being taken the following voted in favor thereof; -Council- members Brown, Eggert and Larson, and the following voted against the same: Mayor Warkentien and Councilmember Steele. Motion carried. Councilmember Brown introduced Mr. Dan Allen, representing the Recrea- tional Sports Office at the University of Minnesota. Mr. Allen explain- ed that the Perrier Company had presented the University with 18 exercise stations to be placed on a physical fitness trail. Since the University would like to place it on or near the School of Agriculture, and does not have such a trail on the campus, it was suggested that the equip- ment be placed Qn the jogging trail in the City Park providing Council approved and the 'City would participate in the cost of installation. Council agreed that the exercise stations would be an asset and follow- ing a short discussion Councilmember Steele moved, seconded by Council- member Brown, that the City accept the equipment and make arrangements for installation, the cost to be shared by Falcon Heights and the University, any cost to the City in excess of $3,000.00 to be negotiated.. Motion-carried unanimously. The Canvassing Board's report was deferred to the November 19, 1981 Meet- ing due to the fact that a re-count is being scheduled. Attorney Allen informed Council that the condemnation proceedings have been started on the proposed City Hall site and that there will be a hearing held November 25, 1981 to appoint commissioners who will value the property. Attorney Allen requested authority to hire an appraiser to testify before the commissioners as to the reasonable value of the property. Mayor Warkentien moved, seconded by Councilmember Eggert, that the request be granted. Motion carried unanimously. Attorney Allen also informed he had talked to the attorney for the Charles Hawkins Estate and the attorney indicated a counter proposal will be forthcoming. Councilmember Eggert informed Council that the Cable TV franchising process will be coming to a climax soon and that bid will be let in the near future. He is of the opinion that there are 3 very good proposals and 1 average proposal (the latter may be disqualified due to the fact that they did not respond to all requests) which will be considered. Councilmember Eggert requested authorization to expend up to $200.00 (which will even.tuallybe returned when the franchise is granted) in order that he uay have the opportunity to meet on an individual basis with the legal advisors to air specific concerns and attempt to get answers to some of the technical and legal problems. The reasons for the individual meetings are (1) for better informed Commission members and (2) in order that they may formulate questions properly to put before the Commission as it is important. to proceed in a manner that is legal. Councilmember Eggert moved, seconded by Mayor Warkentien that the request to expend up to $200.00 be granted. Motion carried unanimously. ~~ VARIANCE (cont.) DAN ALLEN UOFMN- PHYSICAL FIT- NESS EQUIPMENT FOR PARK JOG- GING TRAIL CANVASSING BOARD REPORT DEFERRED TO 11/19/81 ATTORNEY TO HIRE APPRAISER FOR CONDEMNAT- ION HEARING CABLE TV UPDATE MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 4, 1981 PAGE 4 Councilmember Brown presented the Capitol City Mutual Aid Association Reciprocal Fire Service Agreement and moved that Mayor Warkentien and Clerk Administrator Barnes be authorized to sign the agreement. The motion was seconded by Mayor Warkentien and carried unanimously. Councilmember Larsoncommented on the large attandance at the Planning Commission Meeting of November 4, 1981 at which time any interested parties had an opportunity to be_heard on the subject of the proposed condominium/town house project submitted by American Shelter Corporation. The residents expressed concern regarding placement of roads for ingress and egress into the area. Councilmember Larson informed that the Plan- ning Commission recommended Council deny the request from American Shelter to rezone the property to B1A and R3 as that body feels PUD zoning is more appropriate. Councilmember Larson moved, seconded by Councilmember Brown, that the request from American Shelter Corporation to rezone the property B1A and R3 be denied as recommended by the Planning Commission. Motion carried unanimously. v ~~ MUTUAL AID AGREEMENT APPROVID AMERICAN SHELTER DENIE) B1A/R3 ZONING ON ROSE HILL PROPERTY Councilmember Steelemoved, seconded by Councilmember Larson, that the ADJOURNMENT meeting be adjourned at 8:35 p.m. Motion carried unanimously. Willis C. A. Warkentien, Mayor Attest: 7, `~ v ewan B. Barnes, Clerk Administrator ' Special City Council Meeting of November 4, 1981