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HomeMy WebLinkAboutCCMin_68Jun112727 REGULAR ?vIEETING OF JUNE 11., 1968 The Meeting was called to order at 7x00 P.M. with the following members present= Mayor Warkentien, Clerk Strandquist,.Councilmen Black, Ecklund and Stone. Also present were Attorney.Seed and Engineer Lemberg. Minutes: -Stone moved, seconded by Black that the minutes of the meeting of May 23, 1968 be approved. Ayes: All. Naysa None. Motion was carried. Correspondence Master Gas Installers Letter from Richard Johnson, Midwest Equipment Company Bond Requirements inquired as to need for ordinance requirement ca]ling for X5,000 bond. He stated that other villages do not have this bond requirement in order to obtain Master Gas Installer's Licensee This matter was referred to Village Attorney.. National Emergency Memorandum from Ramsey County League of Municipalities Telephone Number: advised that presentation by N.W. Bell Telephone Company regarding the new 911 national emergency tele- phone number will be made at the June meeting of the League. Street lighting Memorandum also enclosed questionnaire concerning new County Roads street lighting program for county roads. State Planning Memorandum also stated that the State Planning Agency Agency and is administering community shelter plan (Civil Defense) Community Shelter for the seven county metropolitan area and requested ,. Plan (Civil Defense)a that RCLM designate representative to serve on policy committee and would welcome nominations. Dutch Elm Disease Letter dated May 23 from C. D. Floyd, Director, Division Div. of Plant of Plant Industry, State of Minnesota Department .of Industry: Agriculture, included material pertinent to detecting Dutch Elm disease control. Cleveland Roselawn Copy of letter written by Eugene V. Avery, Chief Area - Sewer Engineer of City of St. Paul, to Gordon Bodien of Toltz, Agreement: King, Duvall, Anderson and Associates requested that he . examine change requested in„Village Clerks letter for additional area to be included in the Falcon Heights service area. This is in reference to .Sewer Agreement recently signed between Falcon Heights and City of St. Paul. Certificate of Certificate of~Insurance showing Workmen~s Compensation Insurance for Ramsey and Employers' Liability to insured Ramsey County County Vi1l.age Patrol=Village Patrol was received from Hartford Insurance ,Group, T.C. Field and Company. Jerry Baden - Pure Letter from Jerzy Baden dated May 31, 1968 stated that Oil Stations as of July first, there will no longer be a Badents Pure Oil Service Station. _ Mankato State College Invitation to attend Mankato State College Workshop Workshop on Inter- in Intergovernmental Relations during week of June 21~ to Governmental Relations: June 28 was extended. 2 728 Ramsey County Memorandum dated May 31, 1968 from Maurice Dorton, League of Research Assistant, Ramsey County League, advised Municipalities: that discussion regarding Northern. States Power _ Company proposal to increase natural gas rates to customers, will be held at the League meeting on June 19, 1968. Emergency Care and Notice of Course on Emergency Care and Transportation Transportation: was sent by the Hennepin Couhty Medical Staff. Young Republicans Strandquist moved, seconded by Vi~arkentien that request Reserve Village Hall: of Duane Nowlin to reserve Village Hall for meetings of the Young Republicans on Monday, June 2!~ and Monday July 29, 1968 at 8:00 P.M. be granted. Ayes: All. Nays: None. Motion was carried. Resolution Calling Public Strandquist introduced the following resolution Hearing on Sidewalk and moved its adoptions Improvements Ratifying„ WHEREAS, the Village Council deems it necessary Rescheduling ~ and expedient that the Village of Falcon Heights, of Hearings Minnesota construct certain sidewalk improvements as described in and in accordance with preliminary plans and report prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., Village Engineers; and WHEREAS, the Council has been advised by the Village Engineers that the proposed improvements are feasible and should best be made as proposed, and the report of the Village engineers to this effect has heretofore been received by the Council and filed with the Clerk; and WHEREAS, the statute provides that no such - improvements shall be made until the Council shall have held a public hearing on such improvements following mailed notice and two publications in the official newspaper of a notice stating time and place of the hearing, the general nature of the improvement, the estimated costs thereof, and the area proposed to be assessed, and WHEREAS, said public hearing was originally scheduled for June b, 1968, but mailed notice was not accomplished more than 10 days prior to said hear ing as required by statute and another date for said public hearing has been established on behalf of the Village Council, NCW; THEREFORE, 1~ IT RESOLVED by the Village Council of the Village of Falcon Heights, Minnesota that it ratifies, approves and affirms: 1• The rescheduling of the public hearing in the Village Hall in said Village for June 27, 1968, at 8:00 o~clock P.M. to consider said proposed improvements. 2 2. The publication of the notice for said rescheduled public hearing in the official newspaper as provided by law in substantially the following forms NOTICE OF PUBLIC HEARING ON THE CONSTRUCTION OF SIDEGITALK IMPROVEMENTS NOTICE IS HEREBY GIVEN by the Village Council of the Village of Falcon Heights, Ramsey County, Minnesota, that a pub~.ic hearing will be held on Thursday, the 27th day of June, 1968 at 8:00 P.M. in the Village Hall in the Village of Falcon Heights, Minnesota, for the purpose of considering the. construction of sidewalk improvements on the South side of Larpenteur Avenue between the West line of Snelling Avenue and the East line of Fairview Avenue (projected) and both sides of Towa Avenue between the West line of Hamline Avenue and the East line of Arona Avenue, pursuant to Minnesota Statutes, Section 1129.011 to 1129.111 (Laws 1953, Chapter 398, as emended). The improvements include concrete. sidewalk construction, sidewalk removal where necessary and .sod replacement adjacent to sidewalk. The area proposed to be assessed for such improvements is the property abutting on those sides of the streets on wh~h construction of the sidewalk improvements is proposed. The total estimated cost of said sidewalk improvements is $18,1123. Such persons as desire to be heard with reference to the proposed sidewalk improvements will be heard at this meeting. Dated this 11th day of June, 1968. 3. The nature of the improvements, the estimated costs thereof,-and the areas proposed to be assessed therefor are described in the form of notice of hearing hereinabove set forth. 11. The authorization of the Village Clerk to give mailed notice of said hearing as required by law. Not less than ten days before the hearing the Glerk shall mail notice of the hearing to the owner of each parcel of land within the areas to be assessed. Motion was duly seconded by Ecklund and upon a vote being taken the follc7~ ing voted for sames Warkentien, Strandquist, Stone, Black and Ecklund and the following voted against samea .None. TNhereupon .:the foregoing resolution was declared duly adopted by the Village Council of the Village of Falcon Heights. 2 730 Variance Application Black introduced the following resolution and for Fence - 1707 moved its adoption: Hamline Avenues WHEREAS, pursuant to Zoning Ordinance No. 6~., as Denied amended, Donovan L. Brausen has made application to the Village of Falcon Heights for a variance permit to allow for the construction of an eight foot fence at 1707 North Hamline Avenue, which property at the present time is zoned R-l, with a sideyard setback of four (!.G) feet instead of 7~` feet as required by Sections 11.7(3) and 6.l~(3) of said Zoning Ordinance and WHEREAS, the Village of Falcon Heights has referred said request for a variance permit to the Planning Commission of the Village of Falcon Heights and said Planning Commission has denied said variance request by report dated June 11, 1968, a copy of which is on file in the Clerks Office and incorporated herein by reference, and_ WHEREAS, the purported purpose of said fence is to act as a sound barrier between the applicants home and the home of his neighbor, NOW, THEREFORE, BE IT RESOLVED by the Village Council that 1. The proposed fence will not solve the problem it is intended to solve. 2. Said variance will not be in keeping with the character and development of the immediate neighborhood and is in conflict with the general intent of the Zoning Ordinance to provide adequate light and air to property in a one-family residential district and to promote the orderly development of said district. 3. The applicant has failed to demonstrate that the variance is necessary for the preservation and enjoyment of a substantial property right or to give any other compelling reason why the variance should be granted. !1. The request for said variance should be and is hereby denied. Motion was seconded by Stone. Upon a vote being taken thereon the following voted in favor thereof: Warkentien, Strandquist, Stone, Black and Ecklund and the following voted against the samet None. Whereupon the resolution was duly declared passed and adopted. Variance Application - Black introduced the following resolution and moved Flashing Sign ~iermes its adoption: Floral -2601 W. Larpenteur: Denied WHEREAS, pursuant to the Falcon Heights Zoning Ordinance No. 6l~, as amended, Alfred L. Hermes, on 2 731 behalf of Hermes Floral Co., has made application ~- to the Village of .Falcon Heights for a variance permit to allow for a flashing sign in front-of business property located at 2001 West Larpenteur Avenue, which property is presently zoned B-1A, which. sign_ is in violation of Section l.l~.l(.3.2) of said ordz.nance, and WHF~'iEA~S, the Village of Falcon Heights has referred said request for a variance. permit to the Planning Commission of Falcon Heights Village, and said Planning Commission has made a recommendation that said variance be denied by report dated June 11, 1968, a copy of which is on file in the Clerks Office and incorporated herein by reference, and WHERP;AS, the Village Council of the Village of Falcon Heights has reviewed the request for said variance permit, and has reviewed the report of the Planning Commission, NOYP, THEREFORE, BE IT RESOLVED by the Falcon Heights Village Council that ~l. There, are no special conditions applying to the business property in question which are peculiar to such property or to immediately adjoining property and which do not apply generally to other business property in the limited business district in which the property is located so as to justify said variance. ~2. The applicant has failed to establish that the granting of the variance request is necessary for the preservation and enjoyment of a substantial property right of the applicant. ~. Said requested variance is contrary to the intent of the Zoning Ordinance and the Comprehensive Plan, mill merely serve as a convenience to the applicant, and is not deemed necessary to alleviate a demonstrable hardship or difficulty. ~. The request for said variance should be and r is hereby denied. The motion for the adoption of the foregoing resolution was duly seconded by Strandquist and upon a vote being taken thereon, the following voted in favor thereons Warkentien, Strandquist, Stone and Black and the following voted against sames Ecklund. Whereupon said resolution was duly declared passed and adopted. Variance Application Black introduced the following resolution and moved -garage flay Arth its applications 1l~69 w. Idah©: WHEREAS, pursuant to the Falcon Heights Zoning Granteds Ordinance, Raymond Arth has made application to the Village of Falcon Heights for a variance permit to 2 732 increase the size of an existing attached garage at Variance application 11169 West Idaho Street (which property is zoned R 1), -garage Ray Arth - which variance, if granted would create a side-yard.. 11G69 W. Idaho: setback of only three (3) feet instead of the required (continued) 7~ feet, and WI~REAS, the Village of Falcon Heights has referred, said request for a variance. permit to the Planning Commission of the Village of Falcon Heights, and said Planning Commission has recommended that said variance request be granted by report dated June 11, 1968, a copy of which is on file in the Clerks Office and incorporated herein by reference, and WHEREAS, the Village Council of the Village of Falcon. Heights has reviewed the request for said variance permit, and has reviewed the report of the Planning Commission, NONT, THEREFORE, BE IT RESOLVED by the Falcon Heights .Village .Council. that 1. The V-illage of Falcon Heights findst (a) that practical difficulties and particular hardships are in the way of carrying out the strict letter of the regulations of this ordinance from which the applicant seeks a variance; (b) that the proposed location of the garage.is in keeping wi th the character and development of the immediate neighborhood; (c) that the granting of the requested variance a.s necessary for the preservation and enjoyment of a substantial property right of the applicant, and (d) that the granting of the proposed variance will not impair an adequate supply of light and air to the-adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreason- ably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comforts, morals or in any other respect be contrary to the intent of the Zoning Ordinance or the Comprehensive Plan of the Village. 2• The Village Clerk and Village Zoning Admin- istrator are hereby empowered to issue said variance permit subject to the condition that the final plans for construction of said garage extension be reviewed by the Village Engineer before actual construction begins. The motion for the adoption of the foregoing resolution 2733 was duly seconded by Stone and upon a vote being taken thereon,~the following voted in favor thereofa Warkentien, Strandquist, Stone, Black and Ecklund and .the following voted against the same: None. Whereupon the resolution was duly declared passed and adopted. Conditional Use Request ;Mr. R. A&lberg of Falcon Oil Company and Mr. K. Nordby, Falcon Oil Company architect, were present regarding conditional use 1350 West Larpenteur - request to construct a two bay car wash at 1350 West for Car Wash: Larpenteur Avenue. The following four residents of surrounding area were also present: Henry Rote]1, Denied 1349 W. California, L. Rosner, 1362 West Larpenteur, John Ringus, 1367 West California, and Earl Clemment, 135~t West California. They submitted to the Council a list of 35 residents- signatures who protest the construction of a car wash on said Falcon Oil property. After discussion, Black introduced the following resolution, and moved its adoption= WHEREAS, Mr. R. Ahlberg, on behalf of Falcon Oil Inc., has made an application to the Village of Falcon Heights for a conditional use permit to construct a two-bay, one-minute automatic car wash facility attached to a gasoline station located at 1350 West Larpenteur Avenue, which property is zoned B-2, pursuant to Ordinance No. 6t~, Section 16.5 and 11.2(10) and 1NHII~EAS, the Village Council of the Village of Falcon. Heights referred said request for a conditional use permit to the Planning Commission of the Village of Falcon Heights, and said Planning Commission recommended approval of said conditional use permit request subject to certain conditions by a report dated June 11, 1968, a copy of which report is on file in the .office of the Village Clerk and made a part hereof by reference, and WHEREAS, the Planning Commission in said report found that there was no public need for the car wash facility at the proposed location, and WHEREAS, the proposed location for the car wash facility is completely surrounded by an extensive area zoned as a one-family residential district, except for a single lot located on the northwest corner of Larpenteur Avenue and Hamline Avenue, which lot has been zoned as a limited business district NOW, THEREFORE, BE IT RESOLVr~D by the Village Council of the Village of Falcon Heights, 1, Thee proposed use will be detrimental to the health, safety and general welfare of the community and will cause serious traffic congestion and traffic hazards; 2 731 2. Said use will seriously depreciate surrounding property values and will constitute both a visual and noise disturbance to the surrounding neighborhood; 3. Said use is completely out of character with the general purpose and intent of the Zoning Ordinance ~.nd the Comprehensive Plan; !~. There is no public need for the requested use at this ~broposed location; 4. The request for said conditional use permit is hereby denied. The motion for the adoption of the foregoing resolution was duly seconded by Stone and upon a vote being taken thereon, the following voted in favor thereofs Warkentien, Strandquist, Stoney Black acid Ecklund and the following voted against samet None. Whereupon the resolution was declared passed and adopted. Variance Request - Black introduced the following resolution and moved Garage - 1l~57 West its adoptions -- Californian - WHEREAS, pursuant to Zoning Ordinance No. 64, as Granted amended, Harold Schroder has made application to the Village of Falcon Heights for a variance permit to allow for the construction and location of a double garage at 11157 West California, which property at the present time is zoned R-1, with a rear yard set back of eighteen inches ,.and _ WHEREAS, the Village Council of the Village of Falcon Heights has reviewed the request for a variance permit,. and 1~f~iERFA.S, the granting of this variance permit is subject to review by the Planning Commission and its subsequent recormnendation, NOW, THEREFORE, BE TT RESOLVED by the Village Council of Falcon Heights thats 1. The Village of Falcon Heights finds (a) that the other garages in the area are located on the rear lot line of the adjoining lots and abut the alley located therein, (b) that there are practical difficulties and particular hardships in the carrying out to the strict letter of the regulations of this ordinance, (c) that the proposed location of the garage,. is in keeping with the character and 2735 1 development of the immediate neighborhood, (d) that the granting of the requested variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, and (e) that the granting of the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the con- gestion in the pub3.ic streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comforts, morals or in any other respect be contrary to the intent of Ordinance No. 6l~, as amended or the comprehensive plan of said village. 2• That the Village Administrator are hereby v~riar~ce p~rmit., , sub~ect annln ommission hat ap~prove. Mo ~tion was duly seconded vote being taken thereon, Ayes: All. Nays: None. was duly declared passed Clerk and Village Zoning empowered to issue said to a recommendation of the said variance .request be by Strandquist and upon a the following was recorded; Whereupon the resolution and adopted. Human Rights - Warkentien advised he had attended the first meeting Commissions of the Human Rights Commission and he gave short summary of discussions. Village Recreational Warkentien stated that the Village Recreational Advisory Committees Advisory Committee had held a meeting and the possibility of using. the State Fair Grounds as a playground area is to be explored. Conference on Creative Notice stated that Conference on Creative Concern - Concern - Minnesota sponsored by Minnesota Department of Human Rights wi1.l Dept. of Human Rights: be held on Saturday June 29, 1968 in lieu of June 22, as previously-announced. B.J.Rechtiene and Mrs. Helen Kain of Human flights Commission, who had planned to attend, will be notified by clerkts office. Plot Plan for Tennis Courts on Falcon Heights Elementary_School. Propertys Pursuant to request of Council made May 23, 1968, Engineer Lemberg submitted plot plan for tennis courts on the Falcon Heights Elementary School property. This plan shows two possible sites for tennis courts. It was decided that Mr. North Cornforth, principal of the school, will be shown the plans before council request that it be placed on the agenda of the School Board. Attorney's Report Attorney Seed reviewed procedures involved when County Julia-Lindig Property Welfare Department forecloses property. 2t is his 1870 West Roselawn opinion that Village need take no action until some Welfare Department time this fall inasmuch as sale of property will not to forecloses be conducted until then. Fire Protection to Attorney Seed stated he had talked to University Univ. of Minnesota Attorney regarding monetary compensation for fire Falcon Heights protection afforded the University by the Village of Campus:. Falcon Heights. University Attorney stated that if 2736 arrangement were made to compensate Falcon Heights for providing protection, a precedent would be set and University is not anxious for same to occur with the various campuses situated all over the State of Minnesota. Fire Department Reports: Ecklund reviewed Fire Department reports #730, 731, and ?32.' The fire at Stellian's Appliance Store prompts councilmen to request that regular disposition of cardboard cartons outside the store be made, and Ecklund will discuss same with Steve Farkas, owner. Deputy Nordeen Report Ramsey County Deputy Nordeen's report regarding two Re: Parking problem cars parked so close to Stan.Schultz' car on Sunday at 1725 Fry Streets morning, it was impossible to move it out, was reviewed and possible solutions to the apartment parking problem were discussed. Bi11ss Strandquist moved, seconded by Black that the following bills be paid. Ayes: Warkentien~ Strandquis t, Ston®, Black and Ecklund. Nays: None. Motion was carried. Salaries -including volunteer fire d ept. $1,151.87 League of Minn. Municipalities -2 supplements It.00 Suburban Newspapers, Inc. -Publ. Ord. 85 and copies of financial statement 31.80 Crook and Hanley, Inc. -supplies for photocop ier 1~1..gj S.L.Bertelsen, Postmaster -stamps & postcards 35.00 Suburban Newspapers, Inc. -Notice -Sidewalk Imp. 12.90 Bonestroo, Rosene, Anderlik -Eng. Services 92.00 Thorne Coal and Oil -fuel oil 62.38 Internat'1. Assn. Fire Chiefs - dues 1968 15.00 St. Paul.Overall Laun dry - May 13.20 American Linen - May 8.65 Bonestroo, Rosene, Anderlik -Pre. Plans St. Mtce.313.83 Frazer's Our Own Hardware -lawn mower part 3.50 N. S. P. Co. -street ltg, etc. 619..55 Tony Muska Elec. -remove light pole 1..37 State Treasurer PERA 116H May 152.70 Federal Reserve Bank -Federal WH May 364.10 Comm. of Taxation - State ~9H May 96.80 Sun Newspapers - subscription 6-30-b8-69 6.00 McClain Hedman Schuldt -treasurer supplies 12.15 ` Pure Oil Div. -gas & oil 26.59 Farm. Union Grain Term. Assn. Xerox copies 5.00 Adjournments Upon motion, the meeting was ad~ourne~ at 1100 P.M. Signed: v Approved: ~~ `f ~ ~ Mayor