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HomeMy WebLinkAboutCCMin_66Jul6_Special23~Q SPECIAL MEETING JULY' 6, 1966 Mayor Nilsen opened the Public Hearing at 8:00 P.M, to hear all persons present upon a petition of the abutting property owners for the vacation of the Rug les Street Walkway between Pascal and Holton Avenues, said walkway being approximately 12 feet wide and 269 feet in length. C lerk Strandquist read official notice of hearing and said petition. Council members present were: Mayor Nilsen, Clerk Strandquist, Trustees Black and Warkentien. Absent: Trustee Stone. There were also approximately twenty people present. 1 i ~: Attorney for the petitioners to vacate walkway, Jerome Beardsley, gave opening statements regarding same. In part he stated that the petitioners are the same as presented petition in 1960 with the exception of one. Con- ditions have changed considerably since 1960, and continued use of this property as walkway has resulted in consistent v iolation of rights in the use of this property, and deprivation of enjoyment of their own property. Lawns have suffered, shrubs as well as trees, clotheslines; there has been fighting to disturb the peace, window peepers, motor bikes and bicycles. Property owners have been subjected to scorn and abuse. The users do not stay in the walkway and have created hazards when property owners back out of their garages. There actually is only a minimum need for the walkway- the school children cannot use the back door of the school-there is no longer a bus running on Pascal Avenue. There has been property damage. Night use has increased in the summer and questionable characters have been. seen there in recent weeks. It is belief that public. would not suffer hardship if this petition were granted. The village does not maintain this walkway and those property owners, by heavy taxes have rights to the full use of their property and these rights are being denied, Beardsley concluded. Mrs. Hefty 1857 Holton: We have lived here for about fifteen years and we were aware when we built our home that there was a walk. It was suggested that we build it in the present position, so we only have nine feet on the side of the house. Little children follow the grown up and go through there. They use our sidewalk, ,jump hedges, go behind our cars. Several times I have had narrow escapes. Children have spit at me, thumbed their noses at me, even when I got out and warned them they might get hurt. We stated in 1960 that we could tolerate the little ones, but no bikes and motorcycles. It was decided no sign would be put up then. It did stop for quite a while. Then last year we have taken continuous motor scooters, bicycles, ice skates-everything you might think of, plus things they have accused us of doing that we did not do-they have been very nasty. We havd had window peepers, surly characters anywhere from 9:30 to 10:00 P.M. I have a thirteen year old daughter and I am concerned. We know from the foot- prints in the snow that they have been there. No privacy at all. We felt that this time when we contacted Mr. Beardsley something would be done. There has been more use of this walkway since the petition was filed. The older boys use it continuously-dust go back and forth. One Gentleman here was the leader. four boys and himself went through to Holton, came back in five minutes, stepped off the walkway and went back home. Joseph Isaksen We have lived here about fifteen years. This problem 1865 Holton: has been constant. When they sold us the house, they said there was a 12 foot walk to the south designated as a walkway and maybe won't be used. I planted ever- greens-they are continuously being broken off. They cut kitty-corner and it is dangerous when I'm backing the car out of my garage. They cut over into my driveway to avoid slush. If one of those kids ever get hit, I l~i.ow I would be liable. There are scooters motor carts. I am concerned about somebody getting hit or killed. They have come across from the west and they cut from the back of my house and then cut through Hefty's sidewalk and down his driveway towards the school. It is a nuisance, no privacy in the back yards. Picnics-can't have privacy because people are always there. As taxpayers, we should have more privacy. As far as maintenance, Mr. Hefty has mowed and main- tained that strip for fifteen years. He is consc3_ent- ions about the property. Andrew Geisen I am on the southwest side of this walkway and I can 1860 rr. Pascal: only repeat what the others have said. There is vandalism after g:00. A bunch of boys came through one night and I came home late to find they had put the lights on back of mY garage. After g:00 or 10;00 P.M. there are window peepers. There is no one in Falcon Heights who ma~.nta9_ns the lawn any better than Mr. Hefty and myself. I would like to see this vacat- ed because we have no privacy. They will peek and snarl and snicker. They go across m,Y lawn too. John Oyurci We are newcomers to Falcon Heights and live on the 186+ N. Pascal: northwest side of the lane. Everything has been pretty well covered. I might emphasize about my driveway-they go across my property to get on the lane and just go through for a while and exit from the lane in either direction. People come from the north-from Roselawn. Another thing, I have been very enthusiastic about keeping up this walkway until last night with that delegation of kids with b icycles. You cannot maintain it with a parade of bicycles like what went on it last night. Jerome Beardsley: Have you noticed any children that live on Pascal using that street? Answer: One boy from Pascal to Garden. Beardsley: I would say that if they went Pascal to Garden and Garden to school would be a tie as for distance. Same number of steps. Have you noticed any unusual incidents on the walkway? it i 1 J r 2391 Cyurci: I would say it has all the appearances of drummed up use since the petition. It has really been a nuisance since the petition. I was willing to maintain it be- fore, but not any more since last night. Gordon Johnson During the school year, the kids go through there and 1852 Holton: through my back yard. If they went down Pascal in- stead of through there, it wouldn't be so much extra. Every spring I have to seed it. If I put a fence up, they'd go around it anyway. Naw it isn't so bad, but in the spr3.ng, it is really a problem. Beardsley: This is a summary and we renew our request to vacate the walkway. ' Mrs. Reeves We bought this property 13 years ago. The first winter 1877 Holton: the children used our yeard and Mr. Stoss's to go through. He told us he had donated two lots for the sole purpose of using it to go to school and use the playgrounds which adjoin Ruggles. Being that this was donated to the city, it should not be closed and the only way you can eliminate trouble is with fences and blacktopping. C. Chalmers These people purchased lmowing full well that this 1884 Pascal: easement existed. I have all the sympathy for the ills they are suffering, but to vacate it would compound the situation and spread it all over. They did come down our driveway, ran through flower beds and all over. We complained dust once to the school and the situation ended. Mrs. Reeves: This gentleman seems to have some success with a bar- berry hedge. Mr. Stoss granted this to the Village in all good faith for this one purpose and I don't think the suffering of these four property owners should be considered when one thinks of the dozens that will suffer later. Chambers: The peeping tom situation is not confined to that walk- way. I don't think the walkway has anything to do with it . Robert Ktjelland Regarding the remarks made about me. Last night I 1865 Arona: wanted to acquaint myself with facts about the walkway. I took my boys and stopped on Pascal and looked up the walkway or the 12 foot lane. There is no demarkation, there is no way to tell where they step out of bounds. In the walkway there were trash cans, rubbish, brush sticking out and a big bush that covered it up. I was curious so we went in there. I paced off about 10-11 feet between one fence and lines of another fence and then looked to see if the lawn were really damaged. I have kids cutting through there and kids all around mY house cut through there. Last night we went through it to watch the end of a ball game and came back the same 2392 way-rode through and went home. We have signatures representing about 108 people on the west side of Pascal who are also opposed to vacating it-for the safety of the children, convenience of children and adults who like to attend playground to watch ball games. In the morning, Garden ar_d Rose]~wn is very heavy with traffic. I was going to remark that window peepers are not there alone. It is a funny thing too that on1,y person has subjected those kids to har- rassment. The other seven have never said anything to them. The kids defend themselves the only way they know how after the way she untst have been speaking to them. Back: Do you feel that sidewalks should be plmced on the north side of Garden Avenue? Kjelland: It would certainly be safer. Black; If sidewalks were put in on Garden, would you feel differently about the walkway? Kjelland; No, not entirely. It is st:%11 a convenience. Sure it is not goir~ to hurt the kids to walk a little farther, but they can go in the back door of the school now, anc' when they go to the playground, parents can use it. Beardsley: Do you use this walkway very often? Kjelland: Yes, during Little League Baseball season. Bill Reeves I think the walkway, ii it is closed, will benefit only 1877 Holton: four families and if it is open, it benefits the whole neighborhood. It could be blac ktopped, cemented or fixed somehow. Mr. Stoss said whatever you do, keep that open. If you don't, you will have troub 1e. Beardsley: You dor_'t have to suffer the inconvenience these other people have suffered, do you? Someone remarked that if they had bought a corner house they would have the same problem. Mayor l~?ilsen: We are here to establish facts so the council is better apprized. Mr. Beardsley had his petitioners ar_d you people are here to present facts as you see them. Chambers: The insinuation that the only objection is that it would be spread to our properties - it is a matter of public convenience. W. Brown One of the primary elements is the safety factor. I have 1808 Asbury: attended council meetings regarding speed and traffic on Garder_ Avenue. I send my kids through the walkway mainly for the safety factor. ?Northing seems to have been done about the traffic or the safety of children. Frequently the most fraff:ic coincides with the school hours or the summer recreation program. I feel this 1 II L__J 1 2393 probably is the most significant factor. Russ Bull My wife and I occasionally use the walk. I have no 1810 Arona; little children-on],y one daughter who is 25. You are putting in storm sewer and perhaps more children use the walkway this year because of it. I am on a bus stop and the kids walking on my property waiting for the bus don't bother me at all. Clerk Strandquist read statement dated June 1~+, 1966 signed by people in opposition to vacation to the walk- way. ~~1 I ~_~ Collin A lexar_der Mr. Beardsley said the walkway cuts through their property. 1868 Arona: It should be put clear~,y on the record that the walkway was there and the property merely adjoins it. I didn't know it was generally accepted that dogs can be tied on public property. As far as my home - I pay a fair degree of taxes. If I should ever want to sell, the value of that easy access to the school adds a certain degree of value to my property. If this should be closed, I would want some decrease in the taxes for the loss. Beardsley: We are well aware of the safety factor. The traffic on Holton in my estimation is much greater than on Garden. Holton is getting to be a speedway. I have checked the traffic situation on Garden. Igo to work from between 8;00 to 8:15 in the a.m. and I have spent several minutes watching traffic on Garden. The traffic there is very minimum. There are other people who can testify to that too. Garden is actually less of a hazard than Holton. These property owners were aware of this when they bought the land. This is true. It was dedicated by plat. I don't know where Mr. Stoss comes in. This walkway was of no significance, they were told. The situation has changed considerably. In 19x+7 when this was dedicated,, it didn`t matter as much to the people as it does now. The petitioners are not agair_st children. There have been some incidents that have been exaggerated. The use and. enjoyment is not what it should be there and their rights are not what they should be. .Put yourself in their places in having to live here day by day. This is fundamentally the reason we are here-is to give these people the full use of the enjoyment of their property. The debris shown in the photo being passed around was taken during a week-end and probab ly to show that they are using the walkway in this manner. It is not a consistent thing. Tt is kept clear, and those people have maintained the walkway. Mrs. Reeves: Do your clients object to having this finished? Beardsley: They do not object, but I think they would object to it being b1-acktopped. They do object to bikes and motor- cyc les . 2394 Mrs. Reeves: Have you ever been around Garden when the school is out and something is going on at the Church? Nilsen: What part do the school police have in taking care of traffic or children? Kjelland: School police walk kindergartners in the morning and the afternoon. There are school police at Hamline that I know of. Mr. Hefty: I leave about 8:15 A.M. and south to Garden, and I don't see any too many children nor is there much traffic. I have sat there to take notice. Browns I live on Garden and there is traffic. Johnson: I leave at 8:15 and there are not too many cars. Kjelland: I leave about 7:x-5 and there is always traffic and kids. Strandquist: About school police-don't they take care of all the kids2 K~jelland: On Hamline and Garden - all ages have to obey police, otherwise it is ,just kindergartners. Brown: The traffic is not neighborhood traffic - it's through traffic. Chambers: I cannot agree with Mr. Beardsley -both-Holton and Pascal are almost dead end streets and I can't under- stand why people would take them so much - as Mr. Beardsley says. Warkentien: We have a request to put a sign on Simpson and Garden because of the heavy traffic. We promised we would put it in to cut down the speed. Black; That is a cour_ty road - not a village street. Art Newman: I am directly across from the playground - I am more or 1863 Albert less independent on this, but I think a little bit too much emphasis is being put on the safety angle. If a lot of people were as concerned at the time the kids reach the school property, I think they would pay more attention to what the kids are doing. I have held my breath a lot of times thinking someone would get hurt. I have been there ten years and not one evening has gone by when the roof of the warming house wasn't packed with 3~3~ds. They play with the chimney, they tear the backstops out on the fields. When you talk of safety, you should consider them then. At night the ~~.ids play in the streets and it is a7.nwst impossible to see them. How about safety then? Mrs. Hefty: I have protected several of these children who have darted out in this walkway. These speeding teenagers 2395 go down Holton and I have screamed at a few children to watch out. This is a danger spot on Holton. Of- course, ib. the afternoon there isn't as much traffic going through there. Mrs. C. Alexander I have walked three kindergarten children through the 1868 Arona: walkway. We have met with rude remarks. Iast year with Girl Scouts I had to climb over a mountain of snow to get to the school. I fell once and they sat there and laughed. This is a matter of personal vindictiveness and it hardly befits adults. The matter is really to vacating city property to personal use. The village deserves a big bouquet of roses for the recreation program - our kids enjoy it a great deal. The other day I sailed through that walkc~ray as fast as I could go because of an accident. These things do happen because children have to grow up and sometimes it isn't easily done. I think that maybe a lift le more understanding and a little more help would make the village a more pleasant place to live. Broken brush and branches are part of living. Nilsen: Mr. Alexander, you said something about bikes. C. Alexander: The Village should provide fence or blacktop and block it so vehicular traffic cannot go through. K,jel]and: Posts were talked about before. Nilsen: How far do you permit your children to go on bikes? R,jelland: We tell them not to go on Snelling and be careful on Garden. I don't mind if they bike on any streets in the village other than Snelling. Mrs. R. 0 lson I have a nine year old who cannot ride on Garden. You 1851 Asbury; do not see many riding on Garden even to the summer recreation program.. I would like to see bikes go through the walkway. Black: If this were paved or b]acktopped and finished, it could be a speedway for some. Alexander: How about a gate or something like that? Beardsley: We are here on a petition to vacate this walkway. In the alternative, if the council does deny, then it is the position of the pet~.tioners that it be maintained by the village as a walkway - that it not be paved or blacktopped -also that a fence be put up. Mrs. Alexander, we regret vindictiveness - I regret if any was stirred up. There is no personal vindictiveness from the petitioners toward your children. Also, they do not shovel their snow iri this walkway. Isaksenr Who's going to maintain this thing, keep the grass cut, etc.? Alexander: Is this land to be just given to the people or what? 2396 Clerk Strandquist read Attorney Galvin's letter of June 23rd and from attorney's letter of July 6 which outlined Minnesota Statutes regarding walk- ways. Nilsen: I would like to raise this question. For a long t_me I have felt that certain areas are shy of sidewalks... I do not say that all streets should be sidewalk-ed, but certain areas near schools and recreation should be afforded a minimum of protection. For instance - I~arpenteur Avenue. It would appear to me that the village should consider sidewalks on streets such as Larpenteur Avenue - we cannot continue to ignore the fact that this community does need sidewalks in some places. These children who go to school or church, the traffic on Garden is pretty heavy. It occurs to me that we ought to consider the need for sidewalks. I would think that one of the streets bearing the highest prior- ity would be Garden Avenue from Snelling to Hamline. Brown: I would agree to that as a second alternative. You say we are relegating it to a thoroughfare. I don't think it can be both a nice place to live and a nice place to drive. It is avoiding a traffic problem and I don't think it is solving the basic prob lem, - traffic. Nilsen: We have received no reply from the Highway Department - but we Dave recommended, and preliminary plans have been drawn up for solutions for Larpenteur Avenue traffic. It's been a matter of a year already and we had hoped to have this solved. Garden Avenue is a State Aid Street. The Village Council wants streets maintained as village streets, but we don`t have full jurisdiction over all the streets. Warkentien: Mr. Beardsley, you told me about the uses of the walk- way and for that reason I sent out the Police Depart- ment to see how many - this was done before any pub- licity was given on this.. We were told that there weren't many children using it. There was exchange of conversation as to how many children use this walkway each day. Mayor: This is no indication to me that anything further would be served at this meeting. Apparently in 1G61 we didn't arrive at any solution. At this time there shall be further study of this and council will make decision. Beardsley: I would suggest that the council act on our petition. I think we have brought out anything that is pertinent. Nilsen; I think this problem of maintenance should be consid- ered. Every home owner maintains his boulevard.. I would want the attorney's opinion as concerns public walkways, by their property. If it is the respons~.bil- ity of the property owner to maintain and if the city or i~ J ~J 2397 village can order same. A walkway is a peculiar thing and it is s question to be resolved. I should like a legal opinion first. 1 1 1 Considerably more discussion was held going over pre- vious7,y mentioned problems and certain specific incidents. School police patrol duties were discussed. Nilsen: It would serve no useful purpose to have the discussion carried on and all I can do at this time is to refer this matter to the council. Warkentien: I think it has been demonstrated that the walkway serves a useful purpose and based on Minnesota Statutes, Laws of Minnesota Chapter x+12,851 which provides in part that :Motion-to- no such vacation shall be made unless it appears for the Deny Petition to interest of the public to do so. I move that the petition Vacate Walkway: submitted by the property owners abutting upon the twelve foot walkway running from Holton Avenue to Pascal Avenue at Ruggles Street lyi?'g just north of Lots 10 and 25, Block 7, Barthel Villas, Village of Falcon Heights to vacate the Ruggles Avenue Walkway be denied and I further move the cor_tinued use of the walkway. Motion was seconded by Black. Upon a vote being taken thereon, the following voted in favor of same: ATilsen, Warkentien, B7.acli and the following voted against same: Strandquist. Whereupon motion was duly declared passed this 6th day of July 1g66. Proposed B].ack moved that the P~'Iayor be authorized to appoint a Commttte to cot~nittee of people living in that general area. Thi s study problem: committee would attempt to provir~,e a satisfactory solution that would be within Vil7~ge Ordinances and State Law. Said committee would report to the council not ].star than ~~uust 7.5, 1966. ~a'arkentien moved that the motion be amended to include B7.ack to represent the Council on such Committee and act as ex-officio member. Black accepted the amendment. Strandquist seconded the motion as amended. Beardsley: Time is very important here and to put a committee to work might lead to further de7~y. It is pretty clear to everyone that some relief has to be granted as speedily as possible. This seems to me that some of these recommendations should come from the abutting property owners. The solution should come from them. The only solution would seem to be a fer_ce. The vil7mge would cut the grass and maintair_ it. I am against any further de7~y. I don't believe any committees need be appointed. Nilsen: The manner in which to improve the walkway, how it is to be maintained - these must be considered. We cannot commit ourselves without an attorney`s opinion. The motion is before the council. Upon a vote being taken, the motion as amer_ded was unanimously passed. Mayor Nilsen asked that the people involved be respectful 2398 Art Lindig- Request for Subdivision Lindig Addition =,t'-3 ; of others ar_d not abuse the privilege of having wa lkway and he hoped everyone would leave the meeting with f:'sm resolve to behave in a manner that would make better community relations. He stated he would attempt to appoint committee on the following day. Hearing was adjourned at 10;x+0 P.M. Black introduced the following resolution and moved its adoption: WHII~EP.S Arthur Lindig has submitted to the Falcon Heights Village Council a request for subdivision of an existing lot known as The Plorth 163.93 feet of Lot 5, Block 2, Lind=a Addition also Lot 1, Block 1, Lindig Addition except the south 215.125 feet thereof, and WHEREAS the Village Council after reviewing said applica- tion, referred same to the Falcon Heights Planning Commission for its recommendations and WH~ftF.AS the Falcon Heights Planning Commission has recom- mended approval of said proposed subdivision, NOW, THF;REFORE, BE IT RESOLVED that 1. The Village Clerk be instructed to publisn a -metirm of Public Hearing in the legal newspaper, said notice to be ' publ3_shed July 13, 1966 calling said hearing for July 27, 1966 at ~i:o0 P.M. 2. The Public Hearing to be held for the pLtrpose of hearing all people interested in proposed subdivision in accordance with Ordinance 69. The foregoing motion was seconded by Strandquist and upon a vote being taken the following were in favor of same: l~''ilsen, Strandquist, T-Tarkentien and Black and the following were against the same ; I'done. ?Thereupon said resolution was c3,e- cl.ared passed and adopted. Variance Request Black introduced the following resolution and moved its !additional Sign adoption: at Bowling Alley 1550 W. Larpenteur: WHEREAS, Lawrence Signs, Inc. has made an application for ~rariance and filed the same with the Village of Falcon Heights along with the fee of 5.00, and WHEREAS, the matter has been referred to the Planning Commission of the Village of Falcon Heights and WHEREAS, the Planning Commission has recommended that said application be denied by reason of the following; 1. The additional sign advertising beer at 1550 ?lest Larpenteur Avenue would project sever_ feet from the build- ing instead of the eighteen inches required by Ordinance P1o . 6~- . ~, 1 J 2399 i 2. The gross area of the sign was undetermined per sketch submitted. 3. Ordinance No. &~ calls for only one sign per parcel of property up to 100 feet of lot frontage. NOW, THE.RF~'ORE, BE IT RESOLVED that the V i17~ge Council of Falcon Heights denies the application made by Lawrence Signs on the 27th day of June 1966 for an additional sign proposed to be placed on property described as 1550 West Iarpenteur within the Village of Falcon Heights, which property is presently zoned as B-2, all under the provisions of Section 16.05 Ordinance ~+ of the Village of Falcon Heights for the following reason; 1. Said variance is not in harmony with the general purpose and intent of the ordinance and comprehensive plan of the Village of Falcon Heights. The foregoing motion was duly seconded by Strandquist and upon a vote being taken, the following voted in favor of same: Nilsen, Strandquist, Black and Warkentien and the following voted against same: None. Whereupon said resolution was declared passed and adopted. I Adjournment: Upon motion, the meeting was adjourned at 11;30 P.M. S igne~ A rov pP ed . ~~~..~ Mayor [~