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HomeMy WebLinkAboutCCMin_71Nov243112 r- 1 I~IINUTES OF REGULAR COUNCIL MEETING FALCON HEIGHTS, MINNESOTA NOVEMBER 2I~, 1971 A regular meeting of the Falcon Heights Council was called to order by Mayor jv'arkentien at 7:3~ P.M, on November 2I~, 1971 PRESENT: Mayor Warkent;ien, Counci7.men Black, Edklund,Stone and Taylor. Also present were Clerk-Administrator Barnes, Engineer Lemberg and Attorney Seed. ABSENT: None MINUTES: Motion by Councilman Taylor, seconded by Councilman Stone, and carried, to approve the minutes of the special meeting of September 30, 1971. I~iotion by Councilman Stone, seconded by Councilman Black, and carried, to approve the minutes of the regular meeting of November 11, 1971 with the following amendments: Page 1, Investment of Funds, correct by inserting a period after 1972, and deleting, ''as Engineer Lemberg reported that the work cannot be done now.'' f', Page 1, Fifth Paragraph, insert a comma after ''necessary to feed lights." Page 3, Ninth Paragraph, add after Ramsey County Highway Department, ''as reported by Engineer Anklan." Page 1~., Paragraph t~, add after James D. Fuller, 1792 Lake Street, "Lauderdale." Page ~t, Paragraph 5, should read, ''Mayor Warkentien read a letter from James I. Lammers, 1697 North Hamline Avenue, Git~;old and Pink, Architect Firm, offering his services in the event any architect services are needed in the proposed Liquor Store Building. Page ~, Paragraph 8, should read, Motion by Councilman Stone, seconded by Councilman Black to approve payment of the General Funds ending November 15, 1971, check numbers 0197 through 6222 respectively, in the amount of $3,090, except the two checks numbered 6211 to Hamline University and 621`1. to Jeff Parish pertaining to Human Rights Survey of which no material has been provided to this office. I~':otion carried. 1 Hearing on Harry Mayor titi'arkentien presented the matter of the variance re- Olson Variance que;~t of Harry Olson property, 1l~3~ West Larpenteur Avenue, Request: and relating to the 29 neighbors in attendance at the meet- it~,, that in view of numerous derogatory remarks being made that it was his intent to set the record straight that the Council and Planning Corunission members have worked diligen- tly on this request and other matters. That it is the intent 3113 of the Council to consider the Planning Commission recom- mendation and likewise consider the variance request in behalf of the Harry Olson's in respect to the Village Ordinance in the matter. Councilman Black read all pre- vious letters between the Villa~Y O~fice, Planning Coru-nis- sion, including denial recommendation of the Planning Com- mission, and the Olson's andpresented petitions, requests, provisions of Ordinance No. 61~, filed in the office of the Village Clerk. No application was applied for previous to construction of the fence. Ivir. Olson related that he thous~ht the swimming pool instal7_er had obtained permits in 1968 to construct the fence at the same time permits were obtained for the pool installation. The previous fence was installed before the Ordinance came into effect. William J. McEvoy - Attorney I~?cEvoy, who appeared at the meeting to represent Attorney for Harry the Olson's, stated; that the fence was constructed as a Olson's: neighborhood pool for protection,and Attorney McEvoy pre- sented a plot plan for Council review. Pair. McEvoy related the fence is not an eyesore as all the immediate neighbors do agree. Mr. rlcEvoy suggested moving the fence back on a trial basis. Councilman Black questioned Attorney Seed on the grandfather clause. [~ 1 Attorney Seed: Attorney Seed stated that nonconforming use of a value than :1000 would be phased out in three years. He felt that the original fence could have been legally phased in two years. Mayor Warkentien: Asked if the fence is finished. Mr. Olson: Said the fence was not finished. Mayor Warkentien: Questioned I~Ir. Olson whether the fence would be raised. less out Nir. Olson: Some boards on inside were needed and a flat board on top were needed yet to finish. Mayor Warkentien: Do we have a plot plan. .Attorney McEvoy: Yes. Mr. McEvoy presented the plot plan for Council review. He also explained physical factor locations. Councilman Black: Several Planning Commission members felt that a 6 foot fence was needed around the pool but not in the front yard. Attorney I~Ic.Evoy: Attorney i~icEvoy stated that baseballs, etc., could bounce over into the street causing danger to children, and also for ,privacy from unwanted guests. Mayor Warkentien: The Planning Commission objection is that it extends beyond the front building lines. Attorney McEvoy: If fence were moved there would probably be more objection from neighbors and also would be an eyesore. Should con- tractor's mistake be Olson's loss. 31~-1.~ Councilman Black: Councilman Black stated that Attorney McEvoy's statement indicated that the Planning Commission and Council were the bad guys which is not brae but that they were only trying to comply with the ordinance. Pfayor Warkentien: Mayor Tr+arkentien said the ordinance should be adhered to and that the line must be drawn somewhere or we would be allowit~ construction to be done that would not be favor- able to the Village. Councilman Black: Councilman Black stated that he did not like the implica- tion that was made that all 6 members of the Planning Com- mission were wrong in their decision for denial of the fence and that the Planning Commission members are £.rom all parts of the Village and long time residents and very conscientious. Councilman Stone: Councilman Stone asked what is the distance between the existing fence and the north edge of the existing pool? Councilman Black: Councilman Black answered that no dimensions were shown. P4r. Olson: Mr. Olson said the plans did not show the dimensions. Councilman Black: Councilman Black said that at a Planning Commission meeting it was suggested that some compromise might be reached. Planning Commission th©ught that the area around the swim- ming pool is adequate if proper setback is used. Councilman Taylor: Councilman Taylor related that probably the Council should reconsider changing the ordinance as the existing ordinance might be out of date. Councilman Ecklund: CounciL~nan Ecklund said they are not asking us to throw out the orainance as it does provide for variances. sirs. Cardinal - Mrs. Cardinal said she couldn't understand why the Council 1127 jJest California would feel ill toward the fence, especially after what the Avenue: people living on Larpenteur Avenue have to look at insofar as cleaning establishments, chiropractor clinic, filling stations and such. Councilman Taylor: Councilman Taylor moved that the variance matter be tabled until a decision could be made by the Council, probably to modifying the existing ordinance. Mayor Warkentien seconded the motion. Ayes: Taylor, Warkentien, Ecklund. Nays: Stone, Black. Motion passed. Steven Bayer - Mr. Mayer wondered why a 6 foot fence could could not be 1li,1G1 west Larpenteur: installed on a lot without a house on it. (vacant lot) Councilman Black: Councilman Black discussed the provisions for amending the ordinance. Date Change: The date has been changed for the Liquor Store tour to 9:00 A.M. Saturday, December ~, 1971. 3215 Christmas Tree Lot Councilman Stone moved, seconded by Councilman Ecklund, and Lioense Request: carried, to grant a license to Brian Marinello, University of Minnesota Forestry Club, to sell Christmas Trees from December 1, 1971 to December 31, 1971. Sewer Excavation Councilman Taylor moved, seconded by Councilman Ecklund, and Payment Denied: carried, that the request for payment by T~irs. Edward Molin, 11.33 Nest Larpenteur: 1tG33 West Larpenteur Avenue, for sewer excavation done by Ryan Pliunbing Compares, 93j University Avenue, St. Paul, I~inn. be denied on the grounds that it is against Village policy. The Clerk-Administrator was to inform Mrs. Molin of the Council's action and to relate to her that she could appear before the Council if scheduled. University of Attorney Seed reported that the University of Minnesota has Minnesota Agreement agreed to negotiate a 5 year lease commencing in the Spring Proposal: of 1972 until I~ayl, 1977, for a recreational facility site at Garden and Fry Streets. Land Survey: Mayor Warkentien moved, seconded by Councilman Blac:K, and carried, that the Village .Engineer be authorized to survey the land of the new playground in the area of Garden and Fry Streets. Sheriff's Report: Councilman Ecklund read the October Sheriff's Report. Clerk-Administrator 1~Iayor Warkentien moved, seconded by Councilman Taylor, and Health Insurance: carried, that the Clerk-Administrator, Dewan B. Barnes, be authorized to purchase health insurance through his wife's Employment Policy at a premium cost of $23>.80. Hi-Rise Complex Engineer Lemberg discussed the possibility of the sewer Development - flow problems at the area if a Hi- Rise Development were Larpenteur and constructed near Larpenteur Avenue and Lindig Street. The Lindig Area: Engineer said the only way to increase the capacity would be to add sewer lines. Councilman Black moved, seconded by Councilman Stone, and carried, to authorize the Village Engineer to give a pre- 1i~°ninary sewer report to Richard Bienapfl. General Councilman Taylor moved, seconded by Councilman Stone, and Disbursements: car~^ied, to pay the general disbursements in the amount of ~3,96:~.25 for the period enaing 11-24-71. Payroll: Councilman Taylor moved, seconded by Councilman Stone, and carried, to pay the payroll in the amount of X1,672.73 for the period ending Ii-30-71. Adjournment: Councilman Stone moved, seconded by Councilman Ecklund, and carried, to adjourn the meeting at 10:30 P.M. ~j~ ~, ,r `~~, .= . ATTEST: Ir~illis C. A. tr~arkentien, TY;ayor D an arnes, erk-A ina.s razor -