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CCMin_53Jul7
39~ Ad3ournment: On motion the meeting ad3ourned at 12:20 A.M., June 25, 1953. dpproved: `~ Clba'~ G' ., ~~ Mayor REGULAR MEETING, THURSDAY, JULY 7, 1953 Present: H. L. Henry, Mayor George J. Shavor, Trustee Arthur A. Lindig, Trustee Georg® I. Lodahl, Trustee Clyde J. Stewart, Clerk _ Ralph Van Hoven, Treasurer Frank N. Graham, Attorney Meeting called to order at 7:1t5 P.M. Minutes of regular meeting, June 2lt, 1953 were read, and under index "Civilian Defense", page 388, the minutes were ordered corrected to read, pll®signating the Civilian Defense director as a X1.00 a year employe of the Village ~rould 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: Qn motion by Shavor, seconded. by Lindig, it was agreed to withhold for checking George Srranson~s claim, State Fire ChAAfs 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, X69.39 George E. Swanson, car mileage, 6-53, X18.03 Badens Pure Oil S~ce, gasoline & kerosene, X10.78 Terrace Auto Supply Co., 12 pl s & 1 set points, Eng. ~2, ~23.lt8 i 1 Minnesota Fire Equipment Co., 2~" Jumbo mystery nozzle and swivel adapter, X101.70 Vol. Firemen, payroll, 6-53, ~51~.00 Nor. States Power Co., electric eery., 7-12, X19.39 " " " " water heater elec., 7-12, X5.76 Briggs, Gilbert, Morton, Kyle & Macartney, legal services,6-53, X250.00 Earl SeQith, policing & mileage, June 8-9-15-2l~ ~ 25 & July 2 & 3,119.00 Don Arndt, Expenses, Public Safety Com. Chairman, 6-9-53 to 7-7-53, $10.00 Joe A. Koalska, cutting weeds, streets ~ alleys, 6--3©, X65.00 ~~~ Mock petition discussed - L. T. Gasink In connection with denial of the Pock petition, Mr. Gasinlc inquired and was informed as to who were voting uembere of .the council. He then asked as to what is going to happen to property in the Larpenteur-Albert area other than Reller~s, and what atep$ a resident should follow if he wanted his property zoned commercial. George 0avoulia said the matter of having a Dairy lAtay on the Rees property at Larpenteur and Snelling was referred to the Planning Co2mnisaion for recommendation, and asked xhy the same procedure was not followed with respect to the Keller proposition when over 50 per cent of the people affected signed the rezoning petition. Council members The following council members then stated their positions - Lindig stated that the Keller property is zoned and operated Lindig as commercial and that he does not believe commercial property should be rezoned to residence "A " . ~~ // Shaver reported that he had view~'the property and that it is obviously a residential area and that this corner was zoned commercial when the original zoning plan was adopted. He said it was an error to do so, inasmuch as it is Mapot" coning not 3havor in conformity with good planning practice. He said the build- - ing on the property is new a residence used only partially for business purposes. Shavor then cited references on pages 1, 2 and 11~ of the Zoning Gydde published by the League of Minnesota Municipalities, pointing out that - Minn. ?,vague (1) Zoning coriveya no vested rights to the individual property reterencsa owner since under the police power the intesvsts of the communitg as a whole are paramount. (2) That zoning should be flexible to meet new arxi changing cor~ditiona of society at at~y given time. (3) Zoning tends to protect property values by preserving the character of residential districts and insuring the orderly development of various other districts. (!~) pSpot" zoning teach to destroy the integrity of a zoning plan. IIrges referral Shavor contended that the above factors were not given proper to Planning consideration in connection with the conncil~s action in denying Commission the Mock petition, and asked for reconsideration and for referral of the matter to the Planning Commi.saion for study and recommen- dation. ~ Vii? Pock petition Referring to the council's action on June 2li, 1953, ~ voting (cont'd) to deny the mock petition, Steuart pointed out that this was Council members done ~rithout the council asking for or receiving competent planning advice. Always on similar matters or even on matters of lesser importance, Steuart said, the council before taking final action has had the benefit of the Village Planning Stewart Commission's recom~aendation. This procedure, he said, has not only secured good results for our Village, but has kept division of the council and controversies between petitioners and the council to a miniaum. To illustrate the council's usual procedure in seeking outside advice, Stewart said that in connection with the safety to pedestrians in the Larpentet~x-Snelling business area, the council recently authorised securing competent technical Safety factor assistance; namely the Ramsey County Safety Council, for making a survey of the traffic situation at Larpenteur and Snelling for the purpose of bringing in a recommendation to the council. In the Mock hearing there was a similar question, Stewart said, involving the safety of school children at the Albert and Larpenteur inter- section, but that this had not received like consideration. Lsks be referred The need for additional competent planning and safety advice to Planning Commission in this case, Stewart said, is obvious and he urged the council to reconsider by referring the matter to the Village PlaL111ingGo~midlton with authority permitting them to secure technical assistance in connection with studying the matter and bringing in a recommendation to the council. E. L. Piret said members of the council should hesitate to act against the wishes of the ma3ority. He stated that the council members are not particularly trained or qualified to act on coning problems, and that they may be making some very serious mistakes affecting the character of Falcon Heights for years to come. Mr. Piret complimented Trustee Shavor Seer studying the soning lags, and added that approval of aspot" coning as with the Keller property is a step backward in his opinion. A. P. Bruncke referred to Trustee Lindig's state8ent with reference to resoning the Keller property Residential "A". Bruncke said the building is three-fourths residential axid that it is secondly business, but that putting a super service station in there makes it comeercial. Bruncke stated that Keller has not handled any gas business for a year or more. A. E. Esty Said he would ask that the matter be referred to a board esperienced in planning and that the council should do this in the best interests of the community. ~Ir. Esty thought such advice on planning matters was as necessary as our attorney's advice on legal questions. Robert Lundbohm Said he has resided in the Village eight years and has three children who wait on corners for buses and that their safety is involved in the matter. Council discussion No one else wishing to be heard, the council discussed the matter briefly. Then on request of Shavor, a recess of five minutes was ordered at 9s25 P.J. ~<,~ r Meeting The meeting reconvened at 9x30 P.M. and considerable discus:ion Reconvened followed With reference to a proposed resolution. Meeting again At this point (lO:DS P.M.) another short recess Was ordered recessed. at the ree~uest of Trustee Lodahl. Meeting The meeting reconvened at 10:15 P.M., and following a brief reconvened discussion, the following resolution xaA moved by Stewart, seconded by Shavor and adopted by a unanimous vote - Resolution RESOLVED, that the council reconsider its action. taken at the meeting of Jane 2lt, 1953, denying the hock petition for rezoning of the Keller property and that the council refer the Whole matter to the Planning Commission for study and report, With authority to consider the matter and get such technical assistance and advice at the expense of the Village up to X50.00 as the Plaiming Commission deems necessary; Mr. Keller to be advised of the passage of this resolution and that if he agrees to Withhold any action under the permits already issued until after the Planning Commission report has been received and acted on by the council it Will not be necessary to take action to revoke the permits; it being understood by the council. that the 90-day expiration period on permits set out in Sec. 2-Etl~ of Ordinance No. 3 Will not commence to run With respect to the permits already issued until final council action on the rezoning petition. Fire Hose A. R. Williams, representing Forstner Brothers, of Minneapolis, d xas heard With respect to fire hose Which his Company offers ids referre in connection xith bids advertised for by the Village. Mr. to Firt~ePt% Williams' bid xas opened xith other sealed bids at the previous Commil-t'Ec ~ meeting. Andrew Hustrulid and Gordon Nelson, of the Fire Department committee, xere present, also Fire Chief Sxanson. After hearing Mr. Williams, there xas some discussion. Lindig then moved that the four fire hose bids as listed in the minutes of June 21t, 1953, be referred to the Fire Department committee for recommendation 3havor seconded and so ordered. Building Code Building Inspector Hoxard Christensen reported violation of violation building code ordinance by Don Roberts, of the Roberts Construction Company, County Road E, lYhite Bear bake, in starting construction xork on property described as follows: "So 75 ft. of N. 675 ft. of the West 1/3 of the So. ~ of the W ~ of the East 600 ft. of the S4, Sec. 16, Twp. 29, Range 23.a Christensen also said construction xork continued after Motion a red tag had been placed on the fob. On motion by Sten-art, seconded by Henry, it xas voted unanimously to have the Clerk xrite the Roberts Construction Company that any further violation or failure to heed the ordinance ir1.11 be ,prosecuted. ,, Meeting date On motion by Shavor, seconded by Lindig, it was ordered that changed the regular meeting of the council scheduled for Tuesday, July 28, 1953, be held Tuesday evening, August !t, 1953, beginning at ?:30 P.M. Pedestrian In connection with the Ramsey County Safety council being traffic control requested to make a survey of traffic conditions in the sign Larpenteur and Snelling area, Trustee Lodahl reported having heard from them favorably as to installing a pedestrian operated traffic control sign in the business area. Lodahl also reported. on viewing a number of these signs in operation in the Minneapolis area, He will arrange to have a representative of the Ramsey County Safety Council present at the next regular meeting of the council, also requesting County Commissioner Tony Schmidt to be present. Invest Village Treasurer Van Hoven inquired as to the councils wishes funds - with respect to investing surplus Village funds. He also brought up the matter oP considering the purchase of University University proper~`y now leased by the Village and occupied property by the Village Hall and Fire Station. It was agreed to leased for have Attorney Graham contact Mr. Middlebrook of the tniversity Village Hall if Claude Allen concurs in doing so at this time. do Fire Station "Clapp Thommasen Shavor reported that all of the members of the Planning Commission Maple Knoll" had approved the proposed ~~Clapp Thomsen Maple Knoll" plat, excepting Mr. Gallaher who could not be reached. After dis- cussion, the clerk was directed to return the print of the propoaed platting of "Clapp Thomsen Maple Knoll" to the Ramsey County Plat Commission, stating that the Falcon Heights Planning Commission and Village council informally approve the proposed platting of aClapp Thomsen Maple Knollri if all the square corners at street intersections are changed to not less than a 10-foot radius to conform to platting requirements, and that the south tip of Lat 1, Block 1, be eliminated by squaring the lot to conform to other lots in the block; the purpose of this to avoid interference with any roadway that may be extended from that point. Regn. ~7 Requisition No. 7, covering purchase of a late used typewriter for the Clerk to replace the present obsolete and bad order machine, also for 1,000 printed envelopes, was considered. Shavor moved approval of said requisition with the understanding the typewriter be purchased at the lowest competitive price. Seconded by Lindig and motion carried unanimously. Regn. No. 8 Requisition No. 8, supplies needed by Fire Department, was presented. Lindig moved approval subject to receipt by the Clerk of the need of the spot light listed in the requisition. Shavor seconded and motion carried unanimously. Ad~onrnment: On motion, the meeting adjourned at 12:35 A.M., July 8, 1953 Approved: z ~~