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HomeMy WebLinkAboutCCMin_53Jun10_Public_Hearing PTJBLI C HEARING ON LICENSE APPLICATION TO OPERATE A DAIRY IIiAY l~iednesday, 6-10-1953 Present: H. L. Henry, Mayor George J. Shaver, Trustee George I. Lodahl, Trustee Clyde J. Stewart, Cler k Ralph Van Hovers, Treasurer Frank N. Graham, Attorney Absent: Arthur A. Lindig, Trustee r The Mayor declared the hearing open at 8:15 P.M. and announced the purpose of the hearing. He then called on the license applicant, Mr. Carl R. Litsheim, 1648 Ford Parkway, St Paul, to provide details as to the type of business he proposes to oper ate. Carl R. Litsheim said the type of business he proposes to ope rate on the Rees property described in the notice of the hearing (first lot south of Neber's Cottage Inn) is primarily an ice cream dispensing business, including cones, aundays ark a certain amount of ice cream to be taken home for home use. Houga of operation, he said, would be from 11 A.M. to about 11 P.M. or 11:30 P.M., seven days a week. Said he and Mrs. Litsheim plan to operate the business to begin with and. later expect to add one or two employes from the neighborhood. Trash will be placed in two receptacles and these will be picked up at the end of the day; also that the business will operate from about March or April to October each year. Carl e. Swenson, Attorney, representing Ddr. Litsheim, spoke as to limitations which may be fixed in issuing the license, and ref erred to the record and reputation of Mr. Rees, the property owner, in connection with desirable business developments. Don S. Anderson Sales Manager, Dairy Nay, answering questions as to lighting; said lights would be placed on the corners of the proposed building and that such lights would be beamed down. He also said that the area to be used by the Dairy Way will be black- topped. Attorney Swenson said that Mr. Litsheim is a man of high character and that he intends to make his home in the community. Said the proposed business is clean and respectable and is patronized especially by women and children from the community. 1 Opposition The Mayor then asked if anyone wished to speak in opposition ~. the Dairy Nay license application - Philip J. Bifulk, Said he owns the property next to the proposed business 1546 Crawford place and referred to the effect a Dairy Way would have on his home investment, home conditions, yard and children. Said regardless of Mr. Rees' business reputation, the latter could not assure them thB proposed Dairy Nay w'i11 not be a nuisance. Mr. Bifulk said the DairyWay may operate six or seven months but would then be closed the rest of the year. Firmly believes a Dairy Y~ay would not enhance appearance of s the neighborhood and will not encourage anyone to come in and buy. Said that under present conditions there i s no traffic x~~~ ~xe3a problem on Crawf ord, that Weber's Cottage Inn does not fully Cdr. Bifulk (cont'd) use their lot and neither does the National Tea Company, but that a third business like a Dairy Way will create traffic problems and unsafe conditions for children. Dr. R. Stenberg, said he is opposed to any business that constitutes a nuisance 1540 Crawford Ave. or creates excessive noise. Believes the proposed business will be very noisy and will be the only place in Falcon Heights doing business at late hours. It will be difficult, he said, to put neighborhood children to sleep under resulting conditions. Also that this type of business will create additional traffic through the alley where there are garages, and that children are going to be injured or killed. Pre sent business in the .he said, does not operate after 6 P.M., except a one-night area , a week operation by the National Tea Store. As to keeping the place clean; Stenberg said customers of the Dairy Way will drop empty ice cream cartons and that the debris will be another problem, also that sweets and things like that attract rats. Said he feels the application should be denied. H. Kruglak, said he does not live in the immediate neighborhood, but thinks 1511 W. Idaho a Dairy Way would cause much of traffic moving north on Snelling to swerve to the right with resulting traffic snarls. Did not think the dropping of cartons and food could be prevented and that this was certain to attract rate. Also felt a Dairy Way mould attract an undesirable element tivith every young man who can drive a car tearing in and out. Does not think Falcon heights wants this type of business. Frank Spindler said he had no objection to the business, that it pays well 1532 Crawford in any part of the U.S. and that he would like to ovum it. however, stated he could not see why a small building carrying low taxes should be built on this lot. Believes there should be a substar_tial building on the property, and that i t appears Mr. Rees doesn't like our community because he always hands us a business we don't Like. Spindler referred to a similar place where he saw two young fellows drive in like they were going to tear the place apart, then start up and apeed away. Thste are the kind of customers a Dairy Way is going to attract, said Spindler, and that it shouldn't be permitted in the neighbor- hood. Attorney Swenson pointed out that the proposed location of the Dairy Way is zoned for commercial use and that the owner, Mr. Rees, bought the property for that purpose. Said there is always opposition when business property abuts residential, and that the rights of each should be respected. As for additional traffic, he said ~Lr. Litsheim would make arrangements to handle this in an orderly manner by providing a proper entrance and exit. Traffic conjestion may not be as great as expected, h® said, and that other similar places do not constitute a traffic hazard. Said ohildren could be instructed as at present because of Weber's and the National Tea Store traffic, and expressed doubt that the danger to children would be greater. As to refuse and trash; Swenson said much of the material would be iced milk with receptacles so located that the majority of people would put cartons in there. Danger from rats will b e kept to a minimum, Swenson said, as ivlr. Litsheim has given assurance the premises will be kept clean. Mr. Swenson said h® was in sympathy with iir. Bifulk who had bought property adjacent to .L) Atty. Swenson (contd) commercial, but that if he had bought four or five blol~ks away his property would havo higher value. The Dairy Way will be built, lighted and landscaped in such way that it will not harm Mr. Bifulk's property to any extent, Swanson said, but that they cou 13 not guarantee there will be no depreciation in the property. Some business, he said, will be going in there, that Mr. Rees has the right to use the property for business and to make the best financial use of it. Swenson said that his clients want to work with-the people living ad3acent to the Fees property, and that they will do everything possible to cooperate. i1~r. Litsheim said that Mr. Weber, of Weber's Cottage Inn, said he would be glad to get rid of Dens and rubbish now in the area through the proposed Dairy Way's plan for blacktopping. bfir. Bii'uIk questioned that instructions could be effectively given to children as Attorney Swenson suggested, and said there wil l always be danger but to increase this danger is something else. Bifulk also questioned that this type of business would improve the neighborhood and asked what the building would be used for if the Dairy Way failed. He asked that if the business can be prevented from coming in, that this be done. Dr. Stenberg spoke of resulting traffic that will Dome out on Arona and questioned that the owner would have cartons picked up. Mr. Litsheim said he would definitely clean up the area, that his. lease runs for 10 years with option far five, that he is going to do everything he Dan to make a go of it and would not be investing X10,000 otherwise. Mr. Anderson Sales Manager ,Dairy Way, said economic conditions may change but that tt-e~ Dairy Way is a dime business and pointed out it was stores like Woolworth's and Grants that survived poor economic conditions in the past. As to the building not being in use in the winter; ~.nderson said it could be rented out as a Christmas tree. lot. Also that there would be no sound from clinking glasses as none are used in the Dairy Way business. Be doubted i f there would be more than three or four cars at a time; and as to poking up cartons, said they would make it a point to hire a.boy to pick up around the neighborhood. Said the gross volume in the country for this type of business last year was X65,000,000.00, which indicates it is not a fly- by-night type. Anderson said. Dairy Ways attract families, mothers, fathe rs and children as customers, and if not, that the business would go broke. In connection with hours of operation, Anderson said that by operating certain hours a day more money can be made than at other times. He said the council cou ld view a Dai ry Way Store on Ford Highway in a high type neighborhood where there has been no ob3ection to the Dairy Way operation. rv +c ! Hearing closed No one else wishing to be heard, the Mayor declared the hearing closed at 9:40 P.M., stating the council would take the matter under advisement and that the applicant would be informed as soon as possible after the council reaches a decision. Approved: .C~__ a..~ ~. -- k Mayor PUBLIC HEARING, ifOCK REZONING PETITION, TUESDAY, JUNE 16, 1953 1 Present: H. L. Henry, Mayor George J. Shavor, Trustee Arthur A. Lindig, Trustee George I. Lodahl, Trustee Clyde J. Stewart, Clerk Ralph Van Hoven, Treasurer Frank N. Graham, Attorney Acoount Trustee Lindig delayed, the hearing was not declared open until 8:25 P.M. About 45 persons were in attendance. Village Attorney Graham stated. that the purpose of the hearing was to consider Attorney rezoning certain property at-140? West Larpenteur, the Mock petition submitted earlier this month requesting that said property be rezoned from "Business District" to "Residence District A" with provision that the present business use may continue. Graham said the petition was signed by a total of 135 property owners and was accompanied by a certificate from the St Paul Abstract Company certifying to this. Attorney Graham said he had checked the petition against the Abstract Company's certificate and found that the petition had been signed by 50 per cent by number of owners within 500 feet of the property the petition asks be rezoned. This, Graham said, meets the legal require- men t. fidayor The Mayor then took over conduct of the meeting and stated that those Henry favoring the petition would be heard first - H. H. Cowie Attorney, St Paul, said he represented signers of the tdock petition ~` who are interested in having the Keller property on the northwest corner of Larpenteur and Albert rezoneafrom business to residence district A with provision that the present business use may be continued. Cdr. Cowie said the signers of ~che petition are not