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HomeMy WebLinkAboutCCMin_53Jun24 REGULAR MEETING, YfEDNESDAY, JUNE 24, 1953 Present: H. L. Henry, Mayor George J. Shavor, Trustee Arthur A. Lindig, Trustee George I. Lodahl, Trustee Clyde J. Stewart, C1®rk Ralph Van Hoven, Treasurer Frank N. Graham, Attorney (arrived 9:30 P.M.) Meeting called to order at 7:50 P.M. Biinutes of regular meeting, June 9, 1953, of public hearing on license application to operate a Dairy 'day, June 10, 1953, and of public hearing, Mock Rezoning petition, June 16, 1953, were heard and approved as read. ' LJ Bills: On motion by Shavor, seconded by Lindig, it was ordered to withhold payment of George E. Swanson claim, including dues State Fire Chiefs Association, X5.00 and du es International Association of Fire Chiefs, $7.00; also it was ordered that the following bills be paid: D.J. Woll, 3 canisters, 6 spanners, X28.80 Nicols, Dean & Gregg, hack saw blades, brooms, brake fluid, X11.90 George E. Swanson, expenses, State Fi remen's Convention, Sauk Centre, June 8-9-10, 1953 $35.68 Northwestern Bell Telephone Co., Ne 5200, 6-10-53, X11.52 Falcon Hts. Braneh P.O., postage stamps & 12 manila envelopes, X6.60 McClain & Hedman, 1 stapling machine do 5M staples, X6.35 Auel Equipment Co., Hydra-Clamp Pire hose shutoff & delivery chg., ~42.~©~ St Paul Book & Stationery, 100 Pile (olden & 3 note books, '4.10 ~~i. S. Berglund, lumber for Village dry well gratings, X2.20 Northwest Publications, Znc., publish weed notice, 6-ZO-53, $7.?0 Ramsey Co. Treasurer, street work, 4-26-52 to 5-25-53, allotment overdraft, X3,534.54 Garbage Clarence Richter, 2550 Hemline Ave. North, appeared before the council in connection with Richter's proposal to pick up garbage and rubbish. Mr. Richter agreed to cooperate with Cdr. Glen Harjung, of the Falcon Heights Community Club, in connection with distributing a Community Club circular to determine how many residents are in favor of the Richter's garbage collection proposal. Dairy Bar In connection with the proposed location of the Dairy h~a~ which Cdr. license Litsheim applied for license to operate; Trustee Shavor reported that approved he and the Mayor had placed stakes in the area to determine the feasibility of parking and that their findings indicated available parking facilities are not the best. After some discussion, Lodahl moved, seconded by Stewart, that the following resolution be adopted; RESOLVED, that application of Carl F.. Litsheim to operate a Dairy ~a,~r on the following property - West 125 feet of Lot four and West 125 feet of the North 2 feet of Lot 5, Keller's Reaarangement of Block 10, Falcon Heights, Ramsey County, Minnesota (first lot south of Weber's Cottage Inn). be and hereby is approved, and that t ha following regulations apply to said Dairy ~a~ operation: 1. Closing hours not later than 11 P.M. 2. All trash in the area to be picked up within an hour after closing. Dairy Bar 3. Elimination of unnecessary noises (cont'd) 4. Such other regulations as the council n-ay deem necessary. Poll call vote was requested and recorded as follows: Ayes - Lindig Nay: Henry Lodahl Shavor Stewart The resolution was then declared adopted by a 4~5 vote. Rees Variance Request In connection with proposed dairy way building and "fir. Rees' request for variance to th denied. e set back requirements specified in the Village ordinance. Letter of May 16 1953 f , rom the Falcon Hei ghts Planning Commission was read, recommending that the buildin r R g p oposed by Mr. ees be erected in line with the houses facing Snelling Drive north of Crawford Ave u n e or that it conform to the set back required by the Village ordinance. After discussi on, Henry moved that the request for variance in the set beak provision be denied and that the proposed Dair Ba b i y r u lding be erected to conform to the 30 ft. set back requirement in the Village ordina nce. Lodahl ss~~onded and motion carried unanimously. Dairy Bar Building After discussion, Lindig moved that the Village Building Inspeotor be authorized to i D permit ssue to Mr. ouglas Rees a permit for construction of a Dairy Bar on the followin ro t g p per y: Test 125 feet of Lot four and west 125 feet of the North 2 feet of Lot 5, Kelley's Rearrangement of Block ten, Falcon Heights, Ramsey Count Mi y, nnesota. sub~eet to requirements as specified in the Village ordinance. Seconded by Lodahl d an motion carried unanimously. Fire Hose Bids The clerk presented four sealed bids received in r esponse to advertise- ment for bids on fire hose published in the May 28, 1953, issue of The Rose Tribune ~h f , e bide;va®re opened and read as follows: Minnesota Fire Equipment, distributors for Fabric Fire Hose Company, F.G. Hodges, representative - 500 ft. 2~-" Chevron 288 Twill, waX anti gum fire hose 500 ft. 22" Colonial circular weave, wax and um ~l'78 Per ft. Each guaranteed pressure er s~.fire hose, X1.69 per ft. Above hose coupled with new 3-lug Rocker lug couplingsh~N4SO thread. Certified check for ~3a oe Hewitt Rubber Division, Factory representative, Joseph Auel 50o ft. 2~-" Circle brand, easy folding, D.J. white heavy duty fire hose,~1.58 ft 500 ft. 2-" Circle brandy easy folding, D.J~wax ~ 500 ft. 2~n Buffalo brand, D.J. municipal fire hose treated " " X1.60 per ft 500 ft. 2~ Buffalo " " " $1.39 per ft. wax & gum treated hose, X1.46 per ft. Each guaranteed pressure per sq. inch, 400 lbs. Certified check for $50.00 Salesk~[xi~~x'~cx~~a7tx~~~~cg$~;x~xt~xgr~~~x~~~ica~~~~ax L) Eureka Fire Hose Division, D.J. YYoll, distributor 500 ft. 22" Eureka double jacket white fire hose, X1.62 per ft. With heavy duty bronze rocker lug type couplings attached. ~eab pressure per sq. inch, 400 lbs. Certified check for ~~s=° Forstner Bros., A.R. Williams, field engineer 500 ft. d.j. fire hose Fi re Underwriters approved, tested 400 lbs., rocker lug couplings, Universal Brand, $1,33 per ft. Alternate hose bid - Fyre Fyter brand -full moulded rubber interlining Fyr Flex Brand, per ft. $1.48 Fyr Fyter " " " 1.31 Dayton " " " 1.24 tested 400 lbs. Certified check for $20.00 Viessrs. F.G. Hodges, representing Minnesota Fire Equipment Company; Joseph duel, of the Hewitt Rubber Division, and D.J. Woll, of the Eureka Fire Hose Company, were heard in turn with respect to fire hose offered by their respective firms. Take fire Stewart then moved that the council take the bids under advisement hose bids for consideration and decision at a later date. Shavor seconded under advise- and motion carried. ment. hSock Rezoning It was agreed by the council to have a discussion of matters petition relating to the rezoning request and the property involved. Trustee Shavor opened the discussion by stating he had viewed the property and that it is definitely residential at present. He read the following statement from an opinion of the County Attorney, James F. Lynch, dated February 9, 1948, relative to zoning of property: 1 1 "The power of a Village to rezone property is based upon its police po,~rers which may be exercised only when necessary for the safety, health, morals and general welfare of the Village as a whole, ang~ any owner holds his real property subject to su ch action as will not interfere with the rights of others or the public interests or requirements. The legal problem of zoning is to reconcile the uses or private property with the public welfare, or to harmonize its use by the owner with regulations, restrictions and prohibitions essential to safeguard the rights of the community a3 a whole. Restriction of the owner's rights in the use of his property is allowable on the ground of public necessity, not mere desire, expediency or convenience, and must be reasonable, non- discriminatory, uniform and enacted on good faith and in the public interest." Shavor pointed out that the zoning of this parcel does not conform to all of these requirements. Ha also pointed out that this is spot zoning which is not recommended by professional planners and it ~~ f~ a~ ~? ~ that even tho it was included in the original zoning of the community, it was an error to have done so, ~s ~wiwk. Iie further pointed out that the present building on this parcel is a house used both as a dwelling and for business, and that no loss would result to the owner if its present use were continued inasmuch as the parcel has been held Shavor by the same owner for a period dating from before the original zoning. Shavor said that when the changing character of Larpenteur avenue indicates rezoning to business use becomes advisable that the entire area should be rezoned at one time instead of permitting one lot only to enjoy that use at present to the detriment of adjoining property owners. Shavor then asked the Village Attorney if the zoning of a property gives the owner a vested rig ht? Attorney Attorney Graham replied by saying the council has the power of Graham determination based on what they believe is in the best interests of the community as a whole. Clyde J. Stewart then reported he had called at the County Engineer's office, "tewart, Monday, June 22. Contrary to what had been stated at the Mock Rezoning Clerk hearing, June 16, 1953, about plans ihrthe County Engineer's office for widening and paving Larpenteur with the idea of making it the main traveled route between St Paul and Minneapolis in two years, Stewart stated he was told at the County Engineer's office that there is no such plan for improving Larpenteur from St Paul to Minneapolis. Stewart said he was informed that if done, it will likely be in segments and that the Board of County Comnmissioners~nust first appropriate the needed funds. Also th at west of Snelling the widening and developing of Larpenteur is still undeoided. In connection with the County acquiring right of way along Larpenteu r, Stewart said the County had none at Payne avenue, according to the County Engineer's office, and that doubt was expressed that a 60 ft. highway could be built-thru there because of the number of homes..From I~~Icl4ienemy to Edgerton, the County engineer's office stated, they don't even have any plans or survey. As to plans in the County Engineers office, Stewart said xSr. Anker showed him a set of 1944-1945 plans titled "Construction Plan, Larpenteur, Hamline and hest County Line." These plans, according to Mr. Anker, were disapproved by the Bureau of Public Roads at that time because of shortage of materials. To be used now, the plans, Anker said, would have to be revised, Stewart reported. The following day, June 23rd, Stewart said he phoned Mr. Crampton who confirmed the above by stating "Plans for the development of Larpenteu r are very indefinite." Stewart Stewart stated he then asked the County Engineer's offs ce if Larpenteur re is widened and there is a commercial development along it in our area, commmercial whether it would be wise planning to have a survey made so as to provide davelop- for an orderly commercial development. He stated he also asked the went same question of a civil engineer and surveyor experience~in municipal engineering. In both instances, Stewart said, the reply was in the affirmative and that any commercial development should be in conformity with the design of the highway. In closing, Stewart said he therefore felt that the best interests of Falcon Heights would be served by approval of the petition. Petition There being no further discussion, Lodahl moved that the Mock petition denied be denied. Lindig seconded and a roll call vote was requested and recorded as follows: Lindig, Aye Lodahl, Aye ~~~~ Mock Shaver, Nay Petition Stewart, Nay denied Henry, Aye Pete contd. The Mayor then declared the Mock petition denied. by a 3~5 vote of the council. Meeting date. Henry moved that the clerk post notice that date of the regular changed meeting of the council scheduled for July 14, 1953, be changed to Tuesday, July 7, 1953, the meeting to begin at 7:30 P.M. Lindig seconded and mot3.on carried unanimously. Civilian Attorney Graham reported that the director of Civilian Defense may Defense receive pay or expenses and th at in either case there is no responsibility on the Pillage. (SQL Gorrcc}-~ort ~ P3QC'39o~ Fire Chi of Letter of June 15, 1953, from Attorney Graham was read referring Swanson to George Swanson's letter to D.J. iNoll Company, Dopy ~ the Pillage Clerk, stating that Swanson had checked with the public examiner's offs ce and was informed that there was nothing in the laws of the state to prohibit his selling merchandise to the Pillage. Attorney Graham wrote - "Section 471.87 of the Minnesota Statutes provides as follows: "Section 4?1.87 Public Officers, Interest in Contracts. "Except as authorized in section 471.88,a public officer who is authorised to take part in any manner in making any sale, lease, or other contract in his official capacity shall not voluntarily have a personal financial interest in such sale, lease, or contract or personally benefit financially therefrom. Every public officer who - violates this provision is guilty of a gross misdemeanor Laws 1951, c. 379, S 1." Attorney Grhham's letter continued, "Under this section of the Commissions statute, I believe that there is a very serious question as t o on fire equip- whether or not a Fire Chief is guilty of a gross misdemeanor if he ment where receives commissions on the sale of fire equipment to the Village decision to where he made the decision to purchase as the Fire Chief. There purchase is may also be a question as to whether or not he was guilty of a made by gross misdemeanor in purchases which were made by the Council upon Fire Chief competitive bids where he was called upon either by the council or the Fire Department committee to make a recommendation where similar bids were received, if he received a commission on any sale of this kind. "The exceptions referred to in Sea. 471.88 are not applicable in this situation," Graham added. Proposed Gas ordinance Attorney Graham also reported on discussions and meeting held with the Village attorneys of Roseville and Lauderdale with respect to suggested changes is the proposed gas ordinance. t3 Traffic Lodahl again reported on proposal for installing a pedestriea- Larpenteur operated traffic control sign in the Larpenteur-Snelling & Snelling business area. After discussion, Shavor moved that the matter be tabled for further investigation. Seconded by Stewart and motion carried by a 4~5 vote, Lodahl voting no. Annual Main~"~"~'~ Letter of June 18 from Engineer B~ilner W. Carley, recommending of 7-alleys appli eati on of seal coat and proper sanding of 7 alleys recommended imp roved last year, to be done annually at a coat not to by Engr. Carley eaeeed x120 per year or about 10¢ per foot for each property owner, as a means of maintaining these alleys in proper condition. Sinc• the village does not have funds for main- taining alleys, the clerk eras asked to prepare a news item so as to inform the affected property owners. Maple Knoll Clapp-Thomssen "Maple Knoll" plat with letter from the Platting plat Commission was considered. Lindig moved that the plat be re- ferred to the Fal eon Heights Planning Commission. Shavor seconded and motion carried. Garbage collection Letter From Clarene• a. Simons, 937 Otto Avenue, St Paul, proposal regarding his offer to collect garbage and rubbish in Falcon Heights was referred to the Falcon Heights Community Club. Fire runs fewer Memo from Fire Chief Swanson was read about reports he seeu red with nature 1 from the Fire Chiefs of North St Paul, South St Paul and West gas St Paul that they had fewer heating plant fi res and alarms since the installation of natural gas. Eleetrisl Attorney Graham was asked to check the statutes erith respect inspector to provisions as to appointment of electrical inspectors. Applications - Following applications for .licenses together with checks covering On Sale license fees as indicated, were ordered approved on motion by OPP sale Henry, seconded by Lindig - cigarettes Application Check for license fee Flaherty Bowling Lanes On sale 35.00 Off sale 5.00 Cigarette 12.00 Falcon Heighta Pharmacy Off sale 5.00 cigarette 12.00 Rational Tea Co. Off sale 5.00 Cigarette 12.00 Applebaum's Food b4arkets,Inc. Off sale 5.00 Cigarette 12.00 N. L. Hermes Cigarette 12.00 Blomberg Pharmacy Cigarette 12.00 39~ Ad3ournment: On motion the meeting ad3ou reed at 12:20 A.A~., June 25, 1953. ~~ Approved: ~ ~ G- - ~~~ / Mayor REGULAR MEETING, THURSDAY, JULY 7, 1953 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 Meeting called to order at 7:~5 P.M. Minutes of regular meeting, June 2lt, 1953 were read, and ander index "Civilian Defense", page 388, the minutes were ordered corrected to read, pD®signating the Civilian Defense director as a X1.00 a year employe of the Village erould not increase the Villages respon- sibility to her or for her over what it is under the present set up." The minutes were then approved as corrected. Bills: On motion by 3havor, seconded. by Lindig, it was agreed to withhold for checking George Swanson~s claim, State Fire ChAifs and International Association of Fire Chief's dues, amounting to X12.00, and that the following bills be paid - American Linen Supply Co., linen service, X9.39 George E. Swanson, car mileage, 6-53, $18.03 Badens Pure Oil Ser#i~ce, gasoline & kerosene, X10.78 Terrace Auto Supply Co., 12 pl s & 1 set points, Eng. ~2, ~23.1t8 1 1 Minnesota Fire Equipment Co., 2~" Jumbo mystery nozzle and swivel adapter, X101.70 Vol. Firemen, payroll, b-53, ~5~t.00 Nor. States Power Co., electric eery., 7-12, X19.39 n " " " water heater elec., 7-12, ~5.7b Briggs, Gilbert, Morton, Kyle & Macartney, legal services,b-53, X250.00 Earl Smith, policing 6c mileage, June 8-9-15-24 & 25 & July 2 & 3,119.E}0 Don Arndt, Expenses, Public Safety Com. Chairman, 6-9-53 to 7-7-53, ~lo.oo Joe W. Koalska, cutting weeds, streets ~ alleya, 6-30, X65.00