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HomeMy WebLinkAboutCCMin_59Jun9_Special~9 MEETING AND SPECIAL HEARING JUNE 9th 1959. Meeting was called to order at 7:40 P. M., the following Council Members being present: Harold C. Nilsen, Mayor; George J. Shavor, Trustee; rlillis Warkentien, Trustee; Paul Coppini, Trustee and Wm. R. Utecht, El,~rk, Also present were Frank N. Graham, Village Attorney and Ethel E. White, Deputy Clerk and Deputy Treasurer. Absent: Wm. E. Olsen, Treasurer. Ordinance After discussion, it was moved by Warkentien, seconded by Shavor and No. 53: unanimously voted to adopt ordinance No, 53 - AN ORDINANCE AMENDING ORDINANCE N0. 6 REGULATING THE USE OF HIGHWAYS WITHIN THE VILLAGE OF FALCON HEIGHTS AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF. Off Sale All requirements having been met, it was moved by Warkentien, seconded. Beer by Shavor and unanimously voted to issue Off Sale Beer Licenses for: Licenses National Tea. Co., 1553 W. Larpenteur Ave. Gray's Drug Stores, 1552 w, Larpenteur Ave. Cigarette All requirements having been met, it was moved by Nilsen, seconded Licenses by Warkentien and unanimously voted to issue licenses to sell at retail cigarettes, cigarette pa-~ers and cigarette wrappers to: Gray's Drug Stores, 1552 W. Larpenteur. National Tea Co., 1553 W. Larpenteur Robert C. Blomberg Drug, 1583 No. Hamline Ina M. Forsman, Flameburger, 1553 W. Larpenteur Allan C. Fritsche, Standard Oil Co., 1691 No. Snelling Ave. Filling All requirements having been met, it was moved by Coppini, seconded Station by Shavor and unanimously voted to issue licenses to operate a gas- Licenses oline filling station fors Falcon Oil Co., 1350 W. Larpenteur Ave., Baden's Pure Oil Co., 1525 W. Larpenteur Ave., Allan C. Fritsche, Standard Oil Sta., 1691 No. Snelling. r~4GI All requirements having been rnet, it was moved by Utecht, seconded License by Warkentien and unanimously voted to issue Master Gas Installer's license #124 to: Paul Falz & Co., 1930 St. Anthony Ave., St. Paul. Sewer All requirements having been met, it was moved by Utecht, seconded Installer by Warkentien and unanimously voted to issue Sewer Installer Licenses to: Licenses Clement J. Schmitz, 894 Woodbridge, St. Paul. Austin P. Keller Sanitation, 2467 No. Albert, St. Paul, 13. Korner Attorney Graham summarized his letter of May 22nd as follows: The Displays Attorney General of the State of Minnesota ruled that the City of Inc. Faribault had authority to enter into a contract with a private corp- oration granting the exclusive rights to install and maintain waste receptacles on the sidewalks in Faribault. It will probably take an ordinance of the Villa~*e to authorize the agreement and. the ordinance should protect the Village from undesirable advertising material, Coppini will check with people using Kor~er Display Trash Cans and find out whether their experience has been satisfactory and. report to the Council at a later date. 7.30 Parks & M. S. Mergen's bill for X5902.50 for grading the West Falcon Playgrounds Heights Playground was discussed. The Deputy Clerk was instructed to ask Mr. Curtis Larsen to get in touch with Engineer Ljungren. Special The SPECIAL HEARING was called to order at 8:15 P. M., the follow- Hearing ing Council Members being present: Harold C. Nilsen, Iviayor; George Wm. F. Lin-Shavor, Trustee; Willis Warkentien, Trustee; Paul Coppini, Trustee dig Rezon- and Wm. R. Utecht, Clerk. Also present were Frank N. Graham, ing Village Attorney, and ^thel E. White, Deput~T Clerk and Deputy Treasurer. Mayor Nilsen read the notice as published in the Rose Tribune, also the Affidavit of Posting Notice of the Special Hearing at Bernt- son's Drug, National Tea and Blomberg's. Attorney Graham advised he had checked the signatures on the peti- tion signed by Carlton B. Kittleson, Jr,, and others requesting the rezoning of the Lindig property from Business District to Residence District B; an ownership report of the St. Paul Abstract and Title Guarantee Company and found the petition had. been signed by more than 50~ by number of the property owners within 500 feet of the property sought to be rezoned. Nilsen advised that the Planning Commission, as 'set out in our Ordinance, consists of 5 men, 3 of whom are appointed by the Council, 1 each year to serve a term of 3 years, plus the Street Comms.ssioner and the Building Inspector as ex-officio members. Last .year, Rr. L. Hindermann and E. J. Pennig were appointed to serve as consultants on streets. Rte have had 6 men voting and that is contrary to the voting procedure, Since then he had talked to both Pennig and Hindermann, who are both very capable and experienced men, and Pennig had submitted a letter stating that due to the pressure of his bus- iness which would not give him the required time to spend with the Planning Commission it would be better for him to resign from the Planning Commission. Letter of resignation from Pennig was read. Utecht moved that Pennig's resignation be accepted. Seconded. by FFar- kentien and carried unanimously. It was moved by Nilsen, seconded by Coppini and unanimously voted that the Clerk write E. J. Pennig expressing our appreciation for his services. Nilsen moved the appointment of W. L. Hindermann to the Planning Commission. Seconded by Utecht and unanimously carried. Korstad: At the last meeting we told the Council and the Members of the Planning Commission who were here that we were going to engage a real estate appraiser and a planning engineer. .Because of the 10 day limitation, we were not able to complete our real estate appraisal, and we cannot now come up with a complete real estate appraisal of the effect of the rezoning of the Lindig Property on the surrounding area. 1 r~ L~ Korstad submitted copies of a report received by the~~ group from Sherman S. Hasbrouck, City Planner to the Council and the attorney for the landowner, and read the same to the public as follows: 1., 31 Hasbrouck~s This is in reply to your inquiry concerning land use and zoning for report to the area just north of Larpenteur and west of Fry. As I indicated Korstad to you, I believe that the community should look to the Planning Commission for advice on planning and development problems. I have the highest opinion of the ability and judgment of the Villages planning commission and Mr. Dahlgren, their professional consultant. I trust my observations will complimen t and reinforce their recomm enda- tions on the area. Problems like this can largely be avoided through having an over-all plan for the community. Such a plan tends to prevent problems like this before they happen. A good zoning ordinance would also place commercial land in different commercial categories and would estab- lish standard for assuring good development. Nevertheless, it is possible to make certain judgments on the area in question in the absence of an over-all plan. I would have the following thoughts on the area: 1. The boundary of the commercial area should be shifted south- ward to be in"line with the commercial zone to the east. The reas on for this is that such a straightening out of the commercial zone would cause less exposure between the residential and commercial zones. Also, a commercial building would not need the depth of site as nova zoned. 2. The present zoning has little validity. The zoning was based not on any land use plan for the community, but upon the desire of the individual property owner. That same property owner now owns the land, so that no financial hardship would be involved in any revision of the zoning boundary. The fact that a greenhouse was located on the premises was no reason for the commercial zoning. There are other greenhouses in the Village that were not zoned commercial. Indeed, it is customary in other communities not to zone nurseries and greenhouses commercially. 3. The best use for the northern part of the .area would be for single family or two family homes located around a court or short short cul-de-sac that could allow utilization of the deep lots. Such a development would be the most compatible with the residential neighborhood in which it is located. However, multiple dwellings would not be particularly harmful to the neighborhood if adequate standards were met on architectural appearance, traffic circulatio n and density. I would think that in view of the low density of the single family housing to the east and north that the density of the multiple dwelling area might range from something like 2,000 sq. ft. of lot area per efficiency unit up to 3,300 sq. ft, per two-bedroom unit. This kind of density is not out of line with comparable sub- urban communities. 1~. With resAect to the front area, much will depend upon a new zoning ordinance that establishes some kind of limited business district (office buildings, etc.) and development standards for that district (screening, for example). Korstad The residents of Fry, St. Mary's, Maple Knoll and Garden have re- tained Earl R. Anderson as attorney. Earl Anderson said he was amazed at the clarity of Hasbrouck~s report. Anderson That the greater majority of the people affected are for the present rezoning. Out of the 1440 acres comprising Falcon Heights only l~80 are privately owned. We must intelligently use that area ~n 1,'32 cohesion with the rest of the Village. Falcon Heights is an area of beautiful residential homes. We should give primary concern to our homes. Mr. & Mrs. Lindig own this property. They haven't sold it. No one is particularly affected. There is-no vital dollar and cents loss. P1o money out of pocket. Residents owning nearby property face certain depreciation. People across the street could apply for reduction in taxes so net gain is not real at all. He suggested the Council consider the rights of the community and individuals as of paramount importance. Attorneys don't usually go into zoning requirements when advis- ing prospective real estate buyers. People saw the greenhouse there and naturally expected it would always be there. It is apparent there should be an overall plan by an impartial planner. ~~ He urged the Council to adopt the petition as presented. Nilsen Nilsen asked if anyone had a question to ask Attorney Anderson. Nilsen said he could not reconcile the petition asking for re- zoning to Residence "B'~ with the former statement of petitioners that they would like to have an office building on the site. How can you rezone to Class "B" Residential when people have already stated they preferred a super market or an office building2 Korstad I understood Dahlgren recommended an Office Building as the best use for the land in question. We still are not opposed to an office building going in on all the Lindig property. We still believe the proper zoning for the Lindig broperty sould be single or double dwellings. Kulkay Their main objection was that the apartments would create a terrif- ic traffic hazard. We feel that with 68 apartments, you are bound to have a parking problem and the tenants would park on Fry. He also fears a water shortage. Nilsen There has been a lot of talk about restricting traffic across Fry. That is impossible for there is a large parking lot south of Larpenteur from Fry Street. Many of the people come from Minneapo- lis acid they must be allowed to turn and proceed toward Minneapolis. The Council has passed an ordinance restricting traffic to 10,000 pounds gross weight which means that only trucks that service the homes on the street will be allowed to travel on the street. The only way to ~;et away from increased traffic on St. Mary's Fry, P~:aple Knoll and Garden is to close the entrance off Snelling ig it can be legally done. Korstad You can't do anything to solve the traffic problem on Fry, St. Mary's, Garden or Maple Knoll be permitting ~ - 17 unit apartment buildings on Fry. That is bound to increase traffic. A. R. Klein Klein thanked the Council for giving consideration to their peti- tions. Be expressed concern over the fact that it had been reported that these petitions were not read by all the people who signed them (petition containing 675 names). ~+'~ith all due respect to people who rent apartments, they are transient and do not have the same interest in a community that a property owner has. The traffic will in- crease. They are in constant fear for their children's safety. Increasing traffic by 100 to 128 cars won't help any. He asked if the Council felt they would have another opening directly across the highway from the apartment building. Nilsen We are studying on that now. 1'33 Mrs. Mrs. Kulkay said she had heard that when the price of a home Kulkay reaches $20,000.00 it pays its own way. Dahlgren When the value of a home reaches $30,000.00, it generally pays its way. Utecht He feels that the problem of apartment houses in the minds of the people is built up out of proportion.He is within 150 feet of the poorest apartment project in the whole village and they have never had one complaint a~;aint the people, nor a traffic problem. He Knows that the value of the homes has not suffered in the least. The house across the street sold for three times what it cost to build. There is another house across the street for sale where the owner has the choice of 12 buyers. ~Rrs. Stutz- Thinks the traffic problem in their area would be entirely different mah from that on Larpenteur. Frank Mc- Wants to go on record as stating that these apartments will definitely Manus hurt the community as a whole as far as property is concerned. The apartment project coupled with the high taxes will make it difficult to sell property. Shavor Asked if it would affect the values less if they were to have a store, drive-in or mortuary there or anything else that nu.ght go in there. He thinks apartments are definitely better as far as traffic is concerned. Kulkay Does not think it is a good idea to zone property commercial here. It is not food for a commercial area. This corner is the gateway to their community -- it is part of the character and atmosphere of their homes and the whole area. E. Y,T. Spring Wonders if the Council would consider zoning the property to its present zoning if it were being done at this time, rather than back when it was rezoned to commercial. He feels they would limit the commercial zoning to correspond with the property on the east side of Fry. L. Meyer When he moved out here, this was an area of residential homes. Are 1794 Asbury we going to make it an area of. multiple dwellings or an area or single dwellings? Multiple building areas deteriorate sooner than single family residential areas. Hamm Figures that the apartments will decrease the value of their property to the extent that if the apartments do go in, the tax benefit will be negligible. Nilsen asked if there were any other petitioners who wished to be heard. There were none. atty. Chris- In behalf of Mr. & Mrs. Lindig, he would like to say that the tenson Lindigs~nu%h~'this property some time ago and have paid taxes on the co:~mercial basis. If it were rezoned to residential, it would certainly mean a considerable financial loss. The Supreme Court had protected the property rights of others in similar situations. W. L. Hin- He understood the case referred to was where the supreme court dermann. did not consider it just for people within 100 feet in a highly congested area to be able to rezone a man's property. 1a,3~. Atty. He didn't think the number of feet was what was meant -- he Christen- contended it was the principle of others rezoning an owner's son property. Atty. Earl The Village has the authority to rezone as per the petition be- Anderson fore it tonight. The case mentioned above applied only when it involved an area within 100 feet, and in a city of the first class. A situation such as the present is entirely different. The Village has the authority to rezone from Commercial to Zone q and there is a Supreme Court case where it does say you are not to take property without due process. The Planning Committee did make a study and moved that multiple dwellings be turned down until an over-all plan could be made. Korstad Regarding the Minneapolis case, this applied only to Cities of the first class. The ruling covered an area of much greater density and stated that 2/3 of the people within 100 feet were too few. .Atty. He would like to point out that he and his clients have the highest Solly regard for Dahlgren and the firm he represents. Hasbrouck also Robins says he has the highest respect for Dahlgren. They have attempted to meet every possible objection that has been made. They have met the standards set by the planners and the village.. Rezoning the entire property to Residential would not be practical, con- sidering present zoning; in the area. Korstad: Dahlgren said limited business or an office building would be. preferable. Nilsen The Mayor read Dahlgren's recommendation "Considering land use patterns alone, either a limited business or a high quality apart- ment development appears appropriate for this parcel with the latter being a preferred choice because of the inequalities of the zoning boundaries on either side of Fry St." Report also stated pres~r~t', proposed project would have a lower density than other apartments already in the Village. Korstad Dahl~ren's report had not been made available to them. Nick Christensen would like his back because it had been loaned to someone on the Petitioner's Committee. Ohman was asked if he hadn't made his copy available to Korstad as agreed and he said Korstad had had his copy for a few days. Cartwright The Planning Commission felt they should come to the meeting and Planning listen to the comments pro and con before considering the petition. Comm. First of all, when the petition first came up, and a1on~ down t??rough the time the first petition came up, it was suggested that the Maple Knoll Group meet with the Lindigs in an effort to reach a solution. Apparently it was impossible for them to reconcile their differences. Due to the fact that they couldn't get together and. due to the fact that the Planning Commission couldn't het to- gether, they would now try to reach a solution as to what would be best for both sides. The present zoning was made about 15 years ago. This was mostly farm property at the time. Perhaps a few homes on Snelling and the Thompson horxe. Tha+ about sums up conditions as they existed about 15 years ago. The petition to rezone may be wrong. Perhaps it 1 1 1 1.35 would be best to leave the zoning as it is. Rezoning would serve to insure a buffer zone between the residential district -- and possible apartments. If we find against the petition, we are. - finding in favor of the apartments, If the apartments go~in, there is nothing we can do about it. In any event, somebody is goinC to get hurt either way and we hope whoever makes the decision will act in good faith and we hope that those who are hurt will not take it as a personal affront but f~1e1 everybody has done his best. All we can give you is the Planning Commission's opinion and it may not be an unanimous opinion. Kulkay Loeck's report suggested a wait and see policy and then zone accord- ing to surroundings. Shavor Loeck did not specify the Lindig Property. Ham~x Cartwright said someone is going to be hurt -- he just hoped it wouldn't be one of the children. Earl VPe now find the area is ,esentially residential. They can build Anderson several apartments on Larpenteur. .Owner does nvt have a vested right in the present classification and the Council does have the right to rezone. Limited commercial might be more appropriate. Korstad I would like to propose that the Planning Coffimission recess for a certain length of time to give them the opportunity to come in with a decision. Atty. VYe would like to continue with the matter. Christenson Korstad I meant just a short recess. The Planning Commission retired. Dahlgren Dahlgren outlined their recommendation bringing, out the facts that the property if rezoned according to petition would leave a commer- cial area of too small a size to be practical. He suggested apart- ments as shown on the developer's latest plan would be the most suitable land use - providing a good buffer between residential and commercial areas. He stated density was a little higher than permitted by the Roseville code, but that would be considered proper considering the close proximity to the City of St. Paul. The difference of about 15% being scarcely noticeable. He said if Loecks had been able to see ahead about ten years, he thinks Loecks would have straightened out the commercial zoning by making it deeper all along Larpenteur because the present trend was to require off-street parking, and the present classification wasn't ddep enough to meet today's requirements. To solve the problem of transition from residential to commercial in Roseville, they use-such buildings as clinics, office buildings, a.nd atultiple dwellings. Generally speaking, business buildings create more traffic problems than apartments. In this area the Highway Department is planning changes at Snelling and Larpenteur which should improve our traffic situation. Spring How will apartment traffic be handled? 1~,3b Utecht I checked with the traffic department and was told it is per- missable to make a full "U" turn as long as there is no electric sign regulating the traffic. You will not ~;et good residences on Larpenteur. It is possible to get good residences on minor streets perpendicular to the main street. Dahlgren It is possible that with rising property values, the University may move more of its activities to some less expensive property and release some of the property along Larpenteur for commer- cial development. In this instance the developer would be taking the property out of commercial use and putting it into residential use. Kulkay When Pastor Klein and I met with Shavor, ~hman, Johnson of Spiegler, and Dahlgren, we were of the impression that it was for the pur- pose of coming to some compromise, There was no compromise asked for. We were just asked how the developer could improve his proposed project. I don't think the meeting was meant to try and work out anything. True, Dahlgren submitted his plan. Shavor We went over a lot of construction details and they came up with 6 or 7 points on which the developer agreed to go along. It was a matter of trying to make the project more acceptable. Those who met had no regular status. It was a matter of getting com- promises and that was accomplished. Kulkay We had planned to suggest two apartments or twin bungalows, but the developer would only go so far. Klein ~Je were not asked for any proposals at the beginning of the meeting but there was a good general conversation at the e.,d of the meeting. Nilsen I think you will agree Rev. Klein that at all the meetings, the floor has been open to all you people at all times. No one has attempted to stifle any talk except that we have asked you to give your attention to the person who had the floor while he had it. Shavor It's true -- we didn't start from scratch. The developer had been asked to come in with improved plans which he had said he would be glad to do, but had never been given the opportunity until the ~4ayor appointed the committee. I am forced to disagree that the meeting didn't accomplish anything. rdrs. Jar- ~~Srs. Jarvis expressed concern over the traffic and water problems. vis She was told they were both being studied by engineers on vrhom we had to rely for such information. The number of prospective children living in theapartments eras discussed and it was pointed out that there are as many as 8 children in some of our private hoes. When the plans for La.rpen teur and Snelling are completed, it will eliminate a great deal of our traffic problem. The Developer is going to be asked for an easement to put a water line along Larpenteur. He has agreed to use that water provided. pressure is right. Otherwise, they will put in wells. It makes no difference whether the children go to school out of this apartment or some other apartment in the district -- we have to pay for it anyway. Spring In considering this problem of water for the apartments, are you ~7 going to figure the situation in Maple Knoll? They were advised the Engineers had been instructed to consider :Maple. Knoll. Only the people who live in a community are affected by the prob- lems that arise in that community. I am pleasantly surprised at the time we have been given tonight. We try to be fair to both sides. We recognize it is a tough problem, and have made Gardner's findings available to everybody. Klein Korstad Nilsen 1 ~ JI Planning The Hearing reconvened at 11:20 with the return of the Planning Commission Commission. Cartwright asked that they let him go through without interruptions. The majority of the planning commission would recommend a qualified denial of the petition. By that, he means that it be denied only if certain requirements are not met as to the alternative land use. If those requirements are not met, the Planning Commission would like to restudy the petition. 1. That the proposed apartment development be changed so as to reduce the density by changing the northern most building to meet the suggestion of the planning consultant submitted at the most recent meeting, and. that recommendation was 10 single units. 2. Improvement in the Architectural design be agreed to. 3. That there be a guarantee that the water supply be adequate for both the apartments and the area -- whether by wells or other- wise. ?~. That a performance bond be posted along with specifications which will guarantee that the planting, playground, sidewalks and fencing will be installed at the time of construction, also that the parkin; lot will be surfaced to specifications. 5. That the Council consider, if circumstances warrant it, the use and enforcement of "No all night narking on Fry St." If these requirements are not met, they would like to re-study. Three feel this is the proper solution. The Fourth was for out- right denial. The Fifth recommended that this petition for re- zoning be approved unless these qualifications are met. Dahlgren Dahlgren said the mention of the 10 units in his report did not constitute a recommendation. He f-els the density is 0. K. as outlined in the present broposal, but did say if they vranted to meet Roseville's requirements, the northernmost apartment could be re- duced to 10 units although many people think four units of the same size make a better lookin~* project. Nilsen Do the Developers have any questions? Robins Outside of the 10 units in the northernmost building, we have agreed to all these things. We do not think it feasible to cut the north unit to 10 apartments. It is economically unfeasible to cut the north unit down to 10 units. You can't cut it down to vrhere it is not economical. Cartwright It is up to the Play ning Commission to sift the recommendations i X38 of the Planning Consultant, but we differ with him on the theory that where you get closer to the lame centers of popu- lation the density should be greater. You can't necessarily~- follow the spokes of a wheel and. decrease density as you go further north. We v~:ould recommend meeting Roseville's density requirements. Dahlgren Dahlgren felt the density proposed by the developer was reasonable. Has brouck is very competent but his field and experienee has been in the outer areas where the density is lower. Gardner's experience has been both in the outer areas and the more closely populated areas. The benefit to be derived by cutting the northernmost building to 10 units is questionable. He thinks it would be a better looking project if all four buildings were alike. Four similar bAildin~;s might look better. That's why they recommended staggering the buildings. Nilsen I move that there be a continuation of this matter to Thursday night. No second. Robins I think there should be a vote on it tonight. Spiegler Let's get it over with. Shavor Shavor moved that, taking into consideration all the factors in- volved, the petition be denied. Seconded by Coppini and unanimous- ly carried. Utecht Utecht moved that the hearing on rezoning be closed. Seconded by Shavor and unanimously carried. Restrain- At 11:50 P~ M. Attorneys Earl R. Anderson and Wm. B. Korstad ing Order served the members of the Council with Order to Show Cause and Temporary Restraining Order, Notice of n~iotion, Affidavits, Summons and complaint in the case of George A. Kulkay and others vs the Village of Falcon Heights. The restraining order restrain- ed the Village and b~embers of the Council from issuing any build- ing permits on the VTm. F. Lindig Apartment. Robins Mr. Christensen, Attorney for Lindig, had tried very diligently to point out that the Petitioners are not acting in good faith. If Korstad and Anderson want a fight, I think we have a little bit left. I think your City Attorney can arrange to have this heard by June 15th. ??ills On motion by Nilsen, seconded. by Coppini, the following bills were ordered paid: Midway Ford, repairs squad car 3.15 Minute Car V~fash, squad car 5.00 Ethel E. White, stamps 4.00 Minnesota Envelope, 2500 letter heads 33.75 Ind. Chem. Lab., floor waxer, polisher & pads 190.30 Volunteers, fire and drill time 148.00 Int. City Print. Co., 3000 Sew. Rent. cards 110.40 Ethel E. White, services 1st half June 149.50 Adjournment On motion, the meeting adjourned at 12x15 A. M ~.; Signed ? i ~ ._.__. Approved ~~ Mayo r.