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HomeMy WebLinkAboutCCMin_53May15_Specialt~~~ SPECIAL MEETING, FRIDAY, MAY 15, 1953 Present: H. L. Henry, Mayor Absent: Ralph Van iioven, Treasurer George J. Shavor, Trustee Arthur A. Lindig, Trustee George I. Lodahl, Trustee Clyde J. Stewart, Clerk Frank N. Graham, Attorney The Mayor declared the meeting open at 8:20 P.B., stating that its purpose was to provide an inf ormal hearing as ordered by the Council at its Belay 12, 1953 meeting. About 30 persons were in attendance. I~rs. Mock First to be heard was i~rs. ~'~illiam Block, 1397 West Larpenteur, who said she was definitely opposed to the proposed Shell Oil Service station on the northwest corner of Albert and Larpenteur, but not opposed to feller continuing to operate his business on the co rner as at present. If Roller starts moving his house to Make way for the Shell Oil station, Mrs. 3dock said a petition will be filed to have the property rezoned. L. T. Gasink, 1402 Test Larpenteur stated he had dust heard how Keller got his property rezoned commercial. Quoted Ddrs. dock as saying the Keller property was rezoned business in 1941, that there were many who opposed the rezoning, but that it wQS one of those things and went through. Mr. Gasink questioned legality of the original toning, but stated he had no ob3ection to Kelley's present business operations on the property. Trustee Shavor At this point, Trustee Shavor stated that prior to 1941 there was no zoning in Ramsey County. As he recalled it, the County Engineer, together with office rs of the County and Township with the assistance of some federal officials, prepared a map and then held a public hearingon the map. After a second hearing, the plan was adopted, including the business zoning of the Roller property and some others along Larpenteur. The plan was approved in 1941 and everything was done according to Hoyle, Shavor said. R.D. Whaley, stated that the Ramsey County Planning Commission knew that a 1704 Albert busin ess was being conducted on the Keller property in 1941. Said chare~ctsr of Larpenteur had something to do with it and that the opposition was not too great at that time. i~r. Whaley recalled statement that Keller was going to build a home and that the store was going to revert back to a home. Trustee Shavor commented that Ramsey County was trying to get 99 feet of right- of-way along Larpenteur, and that this had a material effect on the rezoning. Mrs. HcO. Mangney, said that a safety factor should be considered - that many 1758 N. Albert children cross Larpenteur at Albert in going to and from the new Falcon Heights Sohool - that there aro three residences on the other three corners of this intersection - and that all were given to understand that the Keller store would be made into a home. ~~~,F ~. G. Bertossi, Said he would like to verify what Mrs. ~dagney and Cdr. Whaley 1750 N. Albert had said -that he favored a petition to prevent the proposed service station from going in at the corner of Larpenteur and Albert. Recalled that the neighbors were assured by Per. Kelley's father that there would not be a service station there as long as he lived. Bar. Bertossi added he would be willing to chip in his bit on anything they can do to prevent installation of the proposed service station. R.D. Whaley, 1704 N. Albert said that 99 per Dent of the buildings in the area are homes, that the present Keller store looks like a home, and that th e oorner is not suited to business in his opinion. H.P. Bruncke, 1710 N. Albert Qcrestioned that the right to issue a permit or license included licensing of any ,business that might come in. Said this should be oontrolled for the good of the c rnununity. He asked that the counci 1 consider the amount that homes in the area would be devalued by installation of the proposed service station as against the amount of taxes to be received from the latter. 2~r. Bruncke then asked if it is possi ble to rezone the Keller property to residential. 1 Attorney Graham stated that in his opinion such a rezoning is possible with a proper showing. George vavoulis, 1433 W. Larpenteur stated he was a new resident of the pillage and that he did not Dare one way or another if the service station is installed. or not. Stated he had listened to the proceedings and was well aware that the council had acted within th® law as stated by the Mayor, but wondered if the counoil had considered if they were acting in good faith. Said he does not think the proposed Pilling station is going to contribute one thing to Falcon Heights, and that it would seem that the council should be ooncerned as to the attitude of the neighbors - that there is an unwritten law, a law of friendship. B6r. Yavoulis asked if the proposed station would contribute anything to our school area or to our busi ness area. Asked that the counci 1 revoke the permit. Trustee Shaver stated that the Keller property was coned business in 1941, and that most cities or villages do not require their councils to grant permits at all - that all permits are issued by the building inspector if there is oonformity with the ordinance. George Vavoulis remarked. that it seems to him the council could have delayed issuing the permit. James A. 1Khite, 1716 N. Albert stated he was opposed to the proposed service station and would like to see how many of those present were also opposed. (A show of hands was then called fbr and the Clerk recorded 25 persona opposed}. G.B. j'~ollan, 1442 W. Larpenteur In commenting on the recorded opposition, asked as to how 3~7 G.H, Wollan they should proceed in baking action to Appose the proposed (aont'd) service station. (Village Attorney Graham informed Nollan that this was a matter they should take up with their own at to rney . ) Otto Reiahow, 1452 W. Larpenteur said he opposed the proposed service station, and asked if ~I plena called for more filling stations on Lar enteur. P Attorney Graham Answering a question as to the council's powers in the matter; said the council has the power to stay the permit for a given period, say two weeks, or that they may revoke the permit. Dr. MaCoy 1749 N. Albert Asked if the council would entertain such a petition, and if so, must the petition be in any certain form. Attorney Graham replied there were two ways to proceed, one by petition to rezone, the ether by petition to revoke the permit. George keller Darner of the property on the northwest corner of Larpenteur and Albert, said he was willing to delay action urder the permit until petition to Be filed by those opposed could be heard, but stated he may b® liable under his contract with the Shell Company and that the people who are asking for the delay should assume such liability and that it be so recorded in the minutes. George Vavoulis Said that the council has the right to revoke the permit 1433 Larpenteur Ave.~ll. and that he would request the council to take such action. Atto rney Graham Asked about submitting a proper petition to rezone, Attorney Graham said when such petition is received by the council the latter will sat a hearing within 30 days and not earlier than 10 days - that such petition may be submitted at a regular meeting of the council - that after setting a date for hearing there will be a notice posted on the posting boards in the Village. If the rezoning petition is presented at the council's ray 26, 1953 meeting, the hearing would hot be set before 10 days and not later than the 26th of Junes he std. George Vavoulis remarked that the neighbors should force the issue beasuse of the school situation and again pressed for revocation of the permit. Clarence Rekstad said that the homes on the south side of Larpenteur were 1790 N. Pascal built after 1941 and with full knowledge that there was a business on the northwest corner of Larpenteurand 84bert. R.J. Roy, 1365 W. Larpenteur Expressed himself in favor of a rezoning petition. ~f~ '+Ym. P. Mock, Requested that action under the permit be postponed until 1397 Larpenteur a rezoning petition can be completed which he thought 6venue hest might be the 2nd or 3rd of June. H. 0. Mangney, indicated he favored a rezoning petition. 1758 N. Albert R.K. Davis of the Shell Oil Company, of Diinneapolis, stated that his Shell Oil Co. Company will withhold action on the service station permit and that Mr. Keller has agreed to take no action under the permit to move his house until after a hearing on the proposed petition to rezone the Keller property. Hearing closed No one else wishing to be heard, the Mayor declared the hearing closed at 9:30 P.M. Traffic control The clerk read a letter from the Board of County Commissioners, Arona & Larp., under date of gay 12, 1953, stating they had voted to deny pedestrian cross- permission for installation of battery-operated "Stop" signs walks. at Arona and Larpenteur Avenues, but granted the Village permission to install pedestrian cross walks at the intersection of Arona cud Larpenteur Avenue, and at the intersection of Larpenteur and Snelling drive. Adjournment: On motion, the meeting adjourned at 9:45 P.M. _~~~~ Approved: erk ~dayor 1 1