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HomeMy WebLinkAboutCCMin_68Jul252716 MEETING OF JULY 25, 1968 Meeting cas called to order at 7s00 P.M. with the following members presents Mayor Warkentien, Councilmen Black and Ecklund. Absents Clerk Strandquist, and Councilman Charles Stone. Also present were Attorney Seed, Engineer Lemberg and Treasurer Olsen. ?dinutes: Ecklund moved, seconded by Y~arkentisn that the minutes of the meeting of July ]1., 1968 be approved. Ayes: All. Nays: None. Motion was carried. Correspondence Complaint - Copy of letter dated July 19, 1968 to Shannon Elaine Deputy Sheriff: Larso3~ from Kermit Hedman was regarding her complaint about Deputy.. Sheriff who had issued her a ticket. Falcon Heights Letter from G. R. Janssen, Vice President Falcon Height s State Bank - State Bank dated July 25, 1968 was pertinent to Investmentsf investments of funds for the various village aouounts. Action on this matter deferred until council meeting of August 8, 1968. Robert AshbachLetter dated July 11, 1968 to Mayor Warkentien from Sen. 19th Dist.s .9th District Senator Robert Ashbach inquired as to any legislation that may be necessary or required by this community. Metropolitan Area Letter of July 23, 1968 from League of Minnesota Salary Surveys Municipalities advised that Volume II of Metropolitan Area Salary Survey will follow Volume I that was received three weeks ago. Meeting is scheduled for 9s 00 a.m. July 31 regarding same. License Renewals On-,Sale Beer Having met the requirements, it was moved by Warkentien , seconded by Ecklund that license to sell Non-Intoxicating Malt Liquors On-tiSale be renewed for Nick Labalestra at the Lido Cafe, 1611 W. Larpenteur Avenue. Ayes: A11. Nays; None. "Motion was carried. Off-Sale Beer: -Having met the requirements, it i seconded by Ecklund that License Malt Liquors Off-,Sale be renewed H. Koch - Tom Thumb Food Market N. Labalestra - Lido Cafe J. Blomberg -Blomberg Foods eras moved by Black, to sell Non~Intoxicati ng for the following: 1705 No« Snelling Ave. 1611 W. Larpenteur.Ave. 1579 No. Hamline Ave . Ayess A11. Nays: None. Motion was carried. Cigarettes, Cig. Having met the requirements, it was moved by Black, Papers, Cig. seconded by Ecklund that the following Licenses to Sell Wrappers at Retail Cigarettes, Cigarette Papers and Cigarette Wrappers be renewed. Ayes: All. Nayss None. Motion was carried. 277 Cigarettes, etc. Blomberg Foods, Inc. 1579 No. Hemline Ave. Flameburger Restaurant 1535 West L<~rpenteur Avenue Grayts Drug Store 1552 W. Larpenteur Gulf-Oil Station 1670 No. Snelling Lido Cafe 1611. W. Larpenteur Tom Thumb Food Market 1705 No..Snelling Ave. Chet Junkin Concessions Grandstand -Fair Grounds Gasoline Filling Having met the requirements, Warkentien moved, seconded Stations by Blaclc that Richard Gieser of Gulf Oil Corporation be granted license to operate a gasoline filling station at 1670 No. Snelling Avenue. Ayes: All. Nays: None. Motion was carried. Request for stop David Anderson of 1512 W. Idaho directed inquiry to sign on Arona at Charles Stone regarding placing of stop sign on Arona Idaho Avenue: Street'at Idaho Avenue. The purpose of this, he states, is to slow down speeding cars. Ecklund will refer matter to Ramsey County Sheriff. Fire Department Fire Department reports #710, 711, 7l~2, and 71.3 were reviewed. Purchase Requisition - Ecklund moved, seconded by lifarkentien Reports Revieweds that Fire Department be authorized to purchase 2 250 ft. spools Hooven and `Allison Solid Braided 3/8~~ Dia. Nylon Requisition for Ropes Rope, 3.,000 lb. test ® X28.85 per spool. Ayes: WArkentien, Black and Ecklund. Nays: None. Motion was carried. PUBLIC HEARING Proposed Amendment to Mayor Warkentien called Public Hearing to order at 8:00 P.M. Falcon Heights Zoning and read Notice of Public Hearing on Proposed Amendment Ordinance - Rezone to Falcon Heights Zoning Ordinance as published July 10, Property Larpenteur 1968. c~nd Fairview Avenues The recommendation of the Falcon Heights Planning Comur- ission, in its report of July 21.,.1968, was to deny application for rezoning.. Said report contains reasons for"said recommendation and is incorporated into these minutes by reference. Said report is on file in the Village Clerks Office. A petition, which ,had bean submitted to the Planning Commission, accompanied said. report and carried signatures of !~0 people who owned property in the general area of this proposed rezoning who were in opposition to re-zoning. John Bureau stated that l~r. Steak Restaurants have an earnest money contract to purchase property in question. He passed out newspaper article and brochures regarding Mr. Steak restaurants. He stated he was completely taken by surprise that there would be any opposition. In answer to Mr. Bureaus questions Art Jorgenson replied that he had signed twice - once on behalf of Arden Hills Investment Corp., who own property adjacent to property in question, and once as owner of apartment building at 1707 Tatum Sheet. Mr. Bureau felt that some people signed the petition because they thought Mr. Steak was similar to the Bonanza Restaurants and others thought ~tQ property was being rezoned from residential to commercial. He presented to council a list of signatures in the area involved who were not opposed, some of whom had signed petition in 2 7l~8 opposition and wished to have their names removed from the original petition. He stated he wanted the people to understand what they.. were turning down when they signed petition in opposition and had obtained many signatures for his petition in a very limited amount of time; It appears that people on Fairview Avenue are primarily concerned with the additional traffic this would create. Mr. Bureau stated that r1lr. Steak has a seating capacity of 128, they serve meals at noon and at supper time. At approximately 3 people per car about ~2 cars would be involved and if there is a turnover twice, it would involve 84 cars. He was of opinion that about 80~ would arrive from Larpenteur Avenue and possib7;~ 20~ from Fairview Avenue. Daytons going in on Hi~hv~ay 36 will probably generate a lot of traffic down Fairview but traffic to Mr. Steak wouldn't be great -_it probably world be the same people who go to hido's or Embers or House of Wong, and would for a change go to Mr. Steak.. Joe Bianchi, 1725 Fairview stated his objection was to the re-zoning, not to a Mr. Steak Restaurant. He said it is hard to know how people are reacting to this depending on what is said to them. He feels that the zoning should remain B1A for the time being and possibly another study should be made, Gerry Sullivan, attorney for Arden Hills Investment Co., said that he obtained over one half. of the names on the petition and in so doing he showed the people the notice of public hearing and advised that Mr. Steak was similar to Embers. He did not state it was similar to Bonanza - although Bonanza is an excellent place to eat also. He said placing a Mr. Steak on the proposed lot would: conflict with everything around. It would be objection- -- able to people in the area because they do not want that type of facility. Majority of people, in his opinion, do not want this rezoned and if they had their preference they tivould take an apartment house to a restaurant. There is no question but that traffic would be heavi er , he claims - and if cars had to wait to get into the parking lot, it would cause hazard on Larpenteur Ave. Mr. Sullivan also thought petition for rezoning was illegal inasmuch as it does not comply with Ordinance 6l~, Sec. 16.6 which states that petition shall be made by owner or owners. Even if Mr. Steak has earnest money contract, no one 'has seen it and he is not record owner of the property. Further, the petition is improper because it refers to rezoning of one property to the other, but does not refer to the P-]. zone, of which it is a part. Mrs. Julian Lee, after inquiry, stated that she been single of record o~mer since 1955 and application to rezone was made in her behalf with her knowledge, 2 749 Attorney Seed stated regarding boundary lines of zoning area, there is an allowance of fifty feet into another zoning district. MMr. Sullivants objections to petition appear to be invalid. John Bureau stated that as to the need for this type of operation, he doesn~t think the question of needing this type of business should enter into opposition. As far as he's concerned, the income level of the community and the surrounding area can handle something better than 15¢ hamburgers. the otherrestaurants in the area are doing very well and this one will, too. He believes most people in Falcon Heights would be glad to have this type of establishment. Brooks Church, Jr. 1865 Larpenteur Avenue brought up two points of concern: (1) precedence set by rezoning this spot with reference to other spots on Larpenteur and what could come as result of .this precedences and (2) as far as traffic - perhaps engineer would have opinion on whether or not a Mr. Steak Restaurant is going to bring about an undesirable U turn situation - a traffic pattern in and out which would lead to congestion. If U turn this would conflict with the rest of the system that was recently set up in Falcon Heights. Lemberg said that if apartment were built there, the same problem would be created. The county can always limit no turning if it so warrants. County is not going to give curb cut along median for every apartment - or restaurant or whatever - it is his opinion that there wontt be too much difference as far as traffic. Mrs. Lloyd Svendsbye, 1905 Fairview Avenue, stated she and her husband bought property two years ago in the good faith that it vrould remain a good residential area. They would very much like to see it remain zoned for residential. Rezoning is the beginning of deterioration - zoning to retail affects property values. There are other areas in the village. They request that this be denied. Black informed her it was not zoned residential and there are other possible alternatives as far as business establishments on that property. A restaurant is not permitted under conditional use in B1 A area but could be permitted if rezoned to B-2. Dale Bergstedt, 1b15 Maple Knoll Drive, followed up on Mr. Church's points - if county denied U tu'^n to the people on Fry Street because of the heavy traffic, that same traff~:c~'~density is going to exit down the road, or make a U turn down the road. Also to compare restaurant activity to apartment activity is not a good comparison. Suppertime movement at this parti- cular corner is going to be subject to lim~tion. 2 750 Lemberg thought that intersection is one where cars would come in directly from Fairview Avenue or Larpenteur Avenue - there is .no need to make U turn. Right angle turns would have to be made, but he can not see necessity for U turns. In answer to Mr. Sullivan's statement that a restaurant creates much more traffic than an apartment building, Lemberg stated that was a pretty broad statement. It was stated that Nir. Steak would open at 11:00 a.m. and close at 9:00 p.m. Mr. John Rains operates one on Riverside Avenue in Minneapolis and he stated there is only one NTr. Steak that stays open other hours than those mentioned and it varies in that it is open for breakfast because of lease specifications. It is not the policy of the owners to vary hours of operation. Warkentien asked why this location was singled out. John Bureau answered that studies show high income level in Falcon Heights and Roseville. Locations like this and like Lidos, House of Wong and Embers are easily accessible - a corner such as Larpenteur and Snelling; is not desired because of the maze of signs and distractions. Tar. Steak believes in putting up a beautiful building and it cannot be done if it is squeezed in too close to other buildings. 1VIr. Sullivan brought up the fact that if Fairview Avenue is extended south of Larpenteur Avenue, Mr. Steak's parking; lot would be made smaller. Mr. Bureau claimed that parking lot could be re-arranged to accommodate same number of cars. Mr. Kerr, who lives in Arden Hills and has been a planning consultant, stated it is disturbing for any planner to lay out plans and zones and then have them changed and rezoned. He stated there are other areas designated for this particular uses and a restaurant here tivould be out of order. Dale Bergstedt was of opinion that the village may be setting the sta~~ee for Mr. Steak to take more land and need more parking should they want to expand. Warkentien advised there isn't any more land available around there - no room for expansion - that is not a worry. question was brought up regarding possible failure of the restaurant and the building standing empty. John Bureau answered that he could think of no business that could go into any community and sign a guarantee that they would not go bro~Ce. There is an element of risk to anything. Furthermore, the building is such that it Could be used for a number of things such as medical building or doctor's offices. Mr. Rains advised that Mr. Steak is the prime lessee. Mr. Kerr talb:ed about restaurants and their mortality rate.. in times of depression and claimed that most people 2 751 want to go to a place where they can shop and eft, etc. Bureau called attention to the fact that many restaurants. in shopping areas have gone broke and stated that most restaurant people don't want to operate in shopping centers. Black introduced the following resolution and moved its adoption= HEARING WHEREAS a public hearing to consider proposed continueds amendment to Falcon Heights Zoning Ordinance has been held _th~is 25th day of July, 1968, and WHERF;AS said Ordinance No. 6~., Section 16.6 Amendments, states that the Council may by an affirmative vote of four-fifths of all members thereof adopt amendments to this ordinance, and WHEREAS, only three-fifths of the council members were able to attend hearing NC~t, THEREFORE, BE IT RESOLVED that Public Hearing to consider proposed amendment to Falcon Heights. Zoning Ordinance be and is hereby continued until Wednesday evening, July 31, 1968 at 8s00 P.M. Motion was duly seconded by Ecklund and upon a vote being taken the following voted for sames Warlcentien, Black and Ecklund and the following voted against same: None. Whereupon it was declared the motion was passed. James Boyd, Jr. Black introduced the following resolution and moved its Variance and Conditional adoptions Use Permits - 1800 West Larpenteur Avenue: WHEREAS, James H. Boyd, Jr. has made application to the Village of .Falcon Heights .for (1) a conditional use permit to construct two apartment buildings, each building to consist of eighteen units on property presently described as 1800 West Larpenteur Avenue, which property at the present time is zoned B1 A and pursuant to Ordinance 61~ as amended by Ordinance No. 71, a conditional use permit is required for the construction of an apartment building in a B1 A district, and (2) a variance permit for aside yard set back of ten fee t. instead of the required 132 feet, and __WHERF~AS, the Village of Falcon Heights has referred said requests for conditional use permit and variance permit to the Planning Commission of the Village of Falcon Heights and said Planning Commission has approved said conditional use permit and variance request by a report dated July 2~., 1968 a copy of which is on file in the Clerks Office and incorporated herein by reference, and 1 1 WHEREAS, the Village Council of the Village of Falcon Heights has reviewed the request for variance permit and and conditional use permit, has reviewed the report of the Planning Commission and has conferred and consulted with said applicant personally 2 7~2 NOW, THEREFORE, BE IT RESOLVED by the Village Council of Falcon Heights that u 1 William E. Olson Variance -Tool Shed and Fence -18611 Sheldon Streets 1. There are practical difficulties and particular hardships in carrying out the strict letter of the regulations of this Ordinance. 2. The granting of the request for a variance is necessary for the .preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the proposed variance and conditional use permit will not unreasonably increase the congestion in the public 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 inten t of Ordinance No. 6l~, as amended, or the comprehensive plan of the village. !~. to date a contract bond for landscaping, drainage, and parking has not been executed in connection with said apartment construction. 5. The Village Clerk and Village Zoning Administrator are hereby empowered to issue said variance permit and conditicnal use permit provided that the applicant or other appropriate person obtain a contract bond in an amount not to exceed $1,500 per building for landscaping, drainage and parking. The motion was seconded by Warkentien and upon a vote being taken, the following voted in favor of sames Warkentien, Black and Ecklund and the following voted against same: None. Whereupon said. resolution was declared passed and adopted. It is to be noted that Mr. Boyd had presented requests to Council for conditional use. and variance permits for a thirty-six unit apartment building and was granted same under date of March 28, 1968. The above resolution denotes changes in original plans. ffiack introduced the following resolution and moved its adoptions ~4VHEP~EA~S, William E. Olson has made an application for a variance permit to construct a 7~ x 7' tool shed and a 6- redwood fence, according to a_draw•ing filed in the office of the Village Clerk on property located at 186l~ Sheldon Street, which property is zoned ft-l, and WHEREAS, the Village Council of Falcon Heights referred said requests for variance permits to the Planning Commission, and said Planning Commission has recommended approval of said variance permits subject t v certain conditions, a copy of which report is on file in 2 753 office of the Village Clerk and made a part hereof by reference, and_ tiM1iHEREAS, 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 3dOW, THEREFORE, BE IT RESOLVED by the Falcon Heights Village .Council that 1. There are practical difficulties and particular hardships in carrying out the strict letter of the regulations of this ordinance. 2. The granting of the request for a variance, subject to the conditions set forth by the Planning Commission, is necessary for the preservation and enjoyment of a substantial property right of the applicant. 3. The granting of the proposed variance, subject to the same conditions, will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public 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. 6~. as amended, or the comprehensive plan of the village. ~. The Village Clerk and Village Zoning Administrator are hereby empowered. to issue said variance permit, subject to the following conditions: (a) That the tool shed be located in either _ location #2 or #3 as per owner's drawing. (b) That the residents adjacent to said property give. their approval in writing to the location of the tool shed. (c) That the fence protrude no further south than the south side of the house located on said property. Motion was duly seconded by Ecklund and upon a vote being taken tdZe following voted. for same: -Warkentien, Black and Ecklund and the following voted against same: None. Whereupon said motion was declared passed. Russell Neff Variance Black introduced the following resolution and moved its Garage at 170 Alberts adoptions WHEREAS Russell Neff has made an application for a variance permit to construct an extension to his present garage on property located at 17l~0 Albert Street, which property is zoned R-1 with a side yard set back of three feet instead of the required five feet according to Ordinance 6~. as amended, and 2 751 WHEREAS, the Village Council of Falcon Heights referred said request for a variance perms to the Planning Commission of the Village of Falcon Heights and said Planning Commission recommended approval of said variance permit by report dated July 21~, 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 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 NOW, THEREFORE, BE IT RESOLVED by the Falcon Heights Village Council. that.. _ 1. There are practical difficulties and particular hardships in carrying out the strict letter of the regulations of this ordinance. 2. The proposed variance is in keeping with the character and development of the immediate neighborhood. 3. The granting of the request for a variance is necessary for the preservation and enjoyment of a sub- stantial property right of the applicant. ~.. The granting of the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the danger of fire endanger tYte public safety, unreasonably diminish or impair established property values in the surrounding area, or in ar~y other way impair health, safety comforts, morals or in any other respect be contrary to the .intent of ordinance No. 64, as amended, or the comprehensive plan of the Village. 5. The Village Clerk and Village Zoning Administra- tor are hereby empowered to issue said variance permit, for construction of~a garage and carport with a three foot side yard set back, which would maintain existing set back for original house and attached garage. Motion was duly seconded by Ecklund and upon a vote being taken, the following voted for samet Warkentien, Ecklund and Black and the following voted against same: None. V~ihereupon said motion was declared passed. Roger M. Brown Black stated that variance application made by Roger M. Garage Variance Brown 1503-1505 W. Larpenteur to allow for less than a 1503-5 W. Larpenteur: five foot set back for garage, and also variance appli- cation from Harold N. Schroder, 1.57 West California to Harold Schroder build a double garage to a distance of 18 inches from Garage Variance the alley have been approved by the Planning Commission. 1157 West California: It is noted that these requests were granted by the Village Council, subject to approval of the Planning Commissions on June 27, 1968 and June 11, 1968 respectively. 2 755 Arthur Jorgenson Black advised that he has had discussion with Arthur Property at Jorgenson in reference to his vacant lot south of 1711 1711 Albert: Albert Street. It will be recalled that discussions with Jorgenson on a regular basis have occurred for a period of about one year in reference to cleaning up the lot. The last discussion was held between Jorgenson and Mayor Warkentien two weeks ago. Black inspected the property today and found old tires, an old car, old trailer, old bricks, cement blocks, high weeds, deep depressions, two old unusable garbage cans, and small growths of trees that look like weeds. After this inspection, he contacted NIr. Jorgenson and dis- cussed this with him and with his attorney this evening and he pointed out that if this lot is not cleaned. up as requested, Blacl: will move that village attorney take action either as public nuisance, Ordinance No. 20 or as listed in Blight Ordinance No. 83. License Renewals: ~ Having met the requirements, Warkentien moved, seconded by Black that Pat Daley of Maplewood Plumbing, 131~.~ Sewer Installer: Frost, St. Paul be .granted Sewer Installers License for the year July 1, 1968 through June 30,..1969. Ayes: A11. Nays: None. Motion was carried. Master Gas Having met the requirements, Warkentien moved that the Installers: following be granted Master Gas Installerts Licenses for the year July 1, 1968 through June 30, 1969. Ayes; All. Nays: None. .Motion was carried. Robert E. Peterson -Twin City Furnace Co. -x.59 Snelling No. Earl G. Nelson - Avoles Plumbing Serv. -779 E. 7th Street Paul Falz -Paul Falz Co. 3l~5 Atwater in St. Paul James L. wade -Commercial Air Cond. -707 So. 7th St., Minneapolis, Finn. Approval of bonds and Ecklund moved, seconded by Black that the bonds and insurance for plumbers: insurance certificates for the following plumbers be approved: Ayes: All. Nays: None. Motion carried. John R. Murdock - 2037 Nor+„h Snelling Ave. Fred F. Wagner Fred G. Wagner, Inc. -C~39 So. Cleveland. Ave. Berghorst Plumbing and Heating - 11x.10 Coon R~ ids Blvd. Fire Marshal to inspect Ecklund recommended that the Falcon Heights Fira Marshal possible fire hazard - inspect the pile of brush on property at 1870 West Roselawn Brush Pile at 1870 West to determine severity of same and if it creates a hazard. Larpenteur Avenue: Electrical Inspections: Pursuant to Councils request of July 11, 1968, Attorney Seed has ..investigated possibility of hiring a state electric- _ a1 inspector to make inspections in Falcon Heights. He has been advised that (l~ The State Board probably would not allow their own inspector to be hired by municipalities, (2) state handles prosecutions, (3) State has field super- visor who does render assistance.. to inspectors when they have overflow, (!~) has excellent past records. Attorney stated it would seem that option to hire a state electrical inspector as discussed, is not available. Clerk was instructed to place on agenda of future meeting for further discussion. J 1 1 1 1 1 2756 Village Hall bVarkentien moved, seconded by Ecklund that as per Roof to be Engineer Lemberg's recommendation, the Quimby Company Repaired: be authorized to-.make repairs to the roof of Village . Hall at the quoted cost of ~p163.00. Seconded by Eckl.und. Ayes: ti'rarkentien, Black, and Ecklund. Nays: None. Motion was carried. Bills: TWarkentien moved, seconded by Black that the following bills be paid. Ayes: Zitarkentien, Black and Ecklund. Nays: None. Motion was carried. Salaries last half of July incl. councilmen X1,662.16 D. DeSchriver -Recreation dir. -2 weeks 226.60 Sandra Abraham " pro~ram 107.00 Charles Thoreson ~~ ' 68.l~0 Larry Overskei !! t! 68.40 Suburban i~lewspapers,-notice of hearing 7.80 N.tiV.Bell Telephone Co. - July due date 58.0 Fire. Engineering -renewal .subscription 6.00 American Linen Co. -June 8.31 Minn. Fire Exting. Co., Inc. FD recharge exting. and supplies 45.75 Dick DeSchriver -supplies for recreation prog. 28.70 Minn..Hosp. Serv. Assn. -due August 1 57.01 Federal Reserve Bank F'~NH July due date 464.00 Commissioner of Taxation -SWH July due date 121.00 Ramsey County Treasurer -light~.ng May & June 68.32 S.L.Bertelsen -postmaster -stamps 30.00 First National Bank Acct. #5 -items & trans. 3.b5 +i n n ~i 6 n it 2.71 ar n n n 7 _ _ 2.12 Adjournment: Upon motion the meeting was adjourned at 11.:30 p.m.