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HomeMy WebLinkAboutMinutes - 1972/08/28The Regular Meeting of the Mounds View Village Council was called to order by Mayor Neisen at 8:00 P.M. on Monday, August 28, 1972 at the Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. Present: Also Present: Mayor Neisen Clerk- Administrator Zylla Councilman Hodges Attorney Meyers Councilman Baumgartner Engineer Boehm Councilman Pickar Absent: Councilman Johnson PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA August 2H, 1972 MSP (Hodges Pickar) To approve the minutes of August 14, 1972. 4 Ayes Clerk- Administrator Zylla's Report MSP (Hodges Pickar) To approve the following licenses: Cement Kezit.o Construction; Excavating Beyers Excavating, Lloyds Excavating; General Contractor Sinco Construction, Inc., Gene Schouweiler Construction, Syverson Sons, and Alandale Builders, Inc.; Residential Kennel Harold G. Brandt and Our Matchmaker Kennels. 4 Ayes MSP (Neisen Baumgartner) To approve the following bills holding check #6399 and #6422 subject to release when approved by the Village Engineer. General checks #6375 consecutive thru #6422 and Payroll checks #2879 thru #2907. Total disbursements $19,381.24. 4 Ayes MSP (Hodges- Pickar) To enter into an agreement with Keelox Manufacturing Company through the State of Minnesota joint purchasing agreement to lease a Model 1200 copier at a cost of 2.2Q per copy, and to authorize the Clerk to investigate the possible disposal of the present 3M -209 copier. 4 Ayes MSP (Pickar- Hodges) To deny a transient merchants license to sell magazines and books to Noreen Kanatzar because of a lack of information on her application and no apparent references from magazine companies. In addition, the St. Paul Better Business Bureau did not receive any information on her company from the Arlington, Texas Better Business Bureau and her cpmpany, MECCA, did not register with the St. Paul Better Business Bureau. 4 Ayes Seegar Swanson, Fiscal Consultant with Ehlur and Associates explained the advantages and disadvantages of financing public improvements by either permanent bonds or temporary bonds. Councilman Baumgartner's Report Councilman Baumgartner stated that the Recreation Committee has decided to postpone their request to the Council for a park bond issue into either late winter or early spring. Mayor Neisen announced to those in attendance at the Council meeting that there were too -iumerous committees and commi.esions, non- profit organizations such as the League of Amen Voters and the JavCees '_hat are involved in the activities of the Village. He asked everyone to consider joining an organization thereby becoming a part of the Village and helping the committees and those that are presently working in organizations. MSP (Baumgartner Pickar) To adjourn the regular meeting at 8:32 P.M. Mayor Neisen called the special hearing to consider a rezoning for David Mueller in conjunction with the issuance of an on and off sale intoxicating liquor license to Al Stein to order at 8:32 P.M. -2- 4 Ayes "Ex the E 20.41' of the N 40' of the W 165' and Ex the W 144.59' of the N 590' of Lot 4 81 1 Mueller Addition. To rezone from R3 (multiple dwelling) to B3 (general business)." Clerk Zylla read the legal notice and attested to its publication in the New Brighton Bulletin on August 17th and 24th. He stated legal notices were mailed to affected property owners on August 17, 1972. David Mueller, the owner of the property, presented the proposal to the Council. He declared that previously he had met with Nancy Burmeister and the Industrial Commission and talked about generating development on his parcel of property. He stated that the proposal he was presenting tonight called for an off sale liquor store and an on sale liquor license to be issued in a restaurant, a possible drug store, doctors office and laundrannat. He said that the proposal would be adequately buffered from single family residences on Longview Drive. He related that the issue of liquor should not be relevant since the voters solved that question at the polls when they voted for liquor a number of years ago. He said the property would provide tax money to the Village, 200 full and part time jobs, and create higher property values in the area. Mr. Schaeffer, an independent real estate appraiser, added that he forsaw no decrease in property values with the proposal since screening would take care of the residential area and less noise would be received from Silver Lake Road traffic. Mr. Mueller stated that no matter what is proposed someone in the Village will be against it. He said that the Planning Commission has overwhelmingly approved the proposal. Crystal Ahlman, real estate agent, stated that every shopping area is a convenience to the neighborhood and an asset to the community. Al Stein, liquor license applicant stated that they have no tenants for the development at the present time, since he can't pin anything down until the Council grants preliminary approval. He added however, that he does not see any problems leasing the property. Mayor Neisen called for questions from the floor: Mrs. Thomas Coplin, 5168 Longview: Q Mr. Mueller, why not just construct the center on the property that is currently zoned commercial? A The commercial property is too narrow. Q Have you checked out other areas? A Yes, however, most persons do not want to sell their property until a determination is made on an airport location. Mayor Neisen stated that he would like to see only opposition to the liquor question expressed at this time since the developer has stated that he does not want the rezoning without the liquor license. Mr. Perry Malvin, 2220 Sherwood Road: Q How do you get a liquor license? A Attorney Meyers replied that the Council issues the license after application and possible hearing on the proposal. He added that the hearing prior to the issuancq, was optional. Mayor Neisen stated that the Council considers the health, safety, and welfare of the community in such matters and any denial for the license on the rezoning must be based on these three factors. Mr. Thomas Coplin, 5168 Longview presented a petition with 216 names opposed to the issuance of a liquor license. He stated that there were several liquor stores in prgximity to the proposal, there was at least one night spot close by, and he desired to see the area preserved in its natural environment. He stated he has talked with Mr. Ken Simons of the Ramsey County Open Space Commission and the County is studying the possible acquisition of this area. Mayor Neisen recognized Ken Simons from the audience and asked what was the current situation with the proposal that Mounds View forwarded Ramsey County relative to our open space needs. Mr. Simons explained that his department is currently studying the Rice Creek Corridor which extends to one mile on either side of Rice Creek and includes the area in question tonight. He stated that this property is a potential open space corridor which would link the interior of the Village and provide possible drainage and trail systems. He added however, that no solutions had been proposed yet and this parcel has not been identified for 1972 acquisition. Robert Glazer, 2375 Hillview Road thanked the Council for not exercising unilateral action on issuing the liquor license. He stated he was opposed to the license at that location because of the additional traffic it would generate, the fact that persons' health may be compromised by the lighting of the area, that homes may be devalued, that there was a redundancy in liquor stores, and that the environment of the area would be compromised. Mr. Darven Unruh, 5177 Longview Drive: Q Why is a business development only attractive if a liquor license is issued? He stated that the development would be a quick stop transient trade area and that in any case the commercial development should not be contingent on a liquor license. Mr. Harvey Lignell, 5172 Longview Drive: Q What type of liquor store would be constructed? A Mrs. Ahlman stated an on and off sale intoxicating with less than 257 of the square foot area devoted to the liquor license. Mr. Douglas Finch, 2752 County Road H2, asked about the northern boundary of the proposal and the effect the development would have on persons exiting from the development onto Silver Lake Road. He stated that there would be poor visibility onto Silver Lake Road because of the clip in the road. H,• added additional traffic would be increased in the area. -3- Mr. Ernest Freyberger, 5178 Longview Drive: Q How many feet would the shopping center be from my house? A Mr. Mueller replied approximately 55 feet. Q What would it do to my property value? A Mr. Mueller replied it may increase it. Mrs. Barbara Haake, 1740 County Road I: Q Isn't there a 40 foot set back on shopping center districts? A Mr. Meul1er replied that this property was zoned B -3, general business, not shopping center. Mr. Edward Mihalow, 2744 County Road H2 replied that he was concerned about the kids in the neighborhood. That persons attending these liquor stores could be careless in their driving and hurt or cripple children of the area. Mr. Lewis Downing, St. Paul (Mounds View property owner): Q Wh51 h4sn't the Planning Commission recommendation been explained since they recommended the proposal? A Mr. Mueller replied that the Planning Commission was in favor of the building. Councilman Baumgartner declared that the Planning Commission did not recommend approval of the liquor license, that it was only discussed as a general matter and they only expressed approval of the shopping center. Only the Council can approve a liquor license. Mayor Neisen commented that the Industrial Commission has taken a stand against the issuance of a liquor license on this particular piece of property. Mrs. Darven Unruh, 5177 Longview Drive, stated that she was against the issuance of a liquor License. Mr. Harold Hjelle, 5161 Red Oak Drive stated that he was against it because there were three liquor sores currently within 1 mile of the proposal. Mr. James Omdal, 5091 Longview Drive was opposed because of the change in traffic patterns, potential reckless drivers and the fact that the development would be close to a Village park. Mayor Neisen called for those in favor of the proposal. 4- Mr. Llcyd Blanchard, 8005 Groveland Road stated that the last liquor vote was 5 to 1 in favor. He stated that he could have gotten enough signatures favoring liquor at that location. He added that he doesn't want to pay more in taxes, that Silver Lake Road will be much busier when it is a connector to new Highway #10, whether the residents are opposed to traffic or not, and Mr. Mueller has put together a reasonable proposal. Mr. Perry Malvin, 2220 Sherwood stated that it was a good plan and that the Industrial Commission should support the proposal since they are trying to get businesses to locate in the Village. He related that certain power groups protest everything in the Village. Mrs. Thomas Coplin, 5168 Longview Drive would like to see a shopping center in the area, but a large center is what Mounds View needs, not another convenience operation. Mr. Robert Glazer, 2375 Hillview Road: Q What will the Village expect in tax savings on the proposal? A Mayor Neisen stated the Village would get approximately 8% of the 60% assessed valuation, with the remainder going to the school district and the County. Mr. Steven Kuhl, 5176 Longview Drive: Q Will the structure be a two story building? A Yes, it could be. Mr. James Nelson, 5170 Longview Drive asked the Council to consider that the restaurant could conceivably be open until 1 A.M. and that it would probably be 2 A.M. before the area is cleared and the neighborhood is peaceful and quiet. Mrs. Dayton Ward, 5177 Red Oak Drive stated that she has never seen a doctors office located on the 2nd floor above a liquor store. Mr. Steven Kuhl, 5176 Longview Drive stated that no screening would prevent the smell from the development. Mayor Neisen explained that the Industrial Commission and the Council were not desperate foF development, but they were interested in attracting development to the community. Mr. George Gustafson, 8391 Spring Lake Road stated he was in favor of the shopping center. If there was a need to compromise he would vote for the liquor license. He stated that residents expressed concern about extra traffic in the area, yet they allow their children to ride bikes with no reflectors and to walk in the streets instead of on the boulevards. Persons too often criticize the person who is out to make a buck. Mrs. Harold Hjelle, 5161 Red Oak Drive: Q How much police protection would the liquor license warrant? A Mayor Neisen stated it was impossible to say. Mr. Al Hillsdale stated that he was probably paying the most taxes of anyone in the Village. He said that if this proposal did not go through he was moving out. Mr. Downing stated that the kids would be worse off with apartments on Longview Drive because there would be more traffic on Longview with apartments. Councilman Baumgartner echoed Mayor Neisen's comments that the community was not desperate for development and the industrial booklet referred to by Mr. Mueller was put together as an advertising method by Councilman Johnson and Clerk Zylla. Councilman Baumgartner asked Mr. Schaeffer if he was a business associate of Mr. Mueller. Mr. Schaeffer said he was commissioned by Mt. Mueller to review the property. Councilman Baumgartner added that the argument "too many all ready" is not grounds for denial. He asked Mr. Stein if there was a stand up bar in the restaurant. Mr. Stein responded yes, there was a bar adjacent to the dining room. Mayor Neisen stated that he had talked to Councilman Johnson before he left for California and that Councilman Jchnson had told him that unless there is some appreciable change in the plan he was not in favor of the proposal. Councilman Hodges stated that he agrees that sometimes compromise is necessary but we nust also set some standards. He felt the business should be located further north, out of the residential area, -5- Mayor Neisen commented that by placing this development in this area, the residents health may be involved, but it probably was minute. Residents welfare may be affected by the fact that they don't like to look at it. Residents safety however, is much endangered by the liquor store in this area. He added that Mr. Gustafson brought out some good points, that compromise is necessary sometimes, but he stated that he would vote for denial of this proposal. -6- MSP (Neisen- Baumgartner) To deny the issuance of a liquor license to Al Stein on the David Mueller property because of the effect such a license would have on the safety of persons in the area. 4 Ayes Mrs. Ahlman asked the Council if they were opposed to liquor anywhere in the Village. The Council stated they were not. David Mueller expressed some bitterness at Mr. Simons comments that his land was considered for possible open space acquisition. He stated that Ramsey County has not started condemnation proceedings and that his comments were detrimental to him. Mayor Neisen responded that Mr. Simons was not invited by the Council and he only responded to a question that was asked of him. Mr. Mueller stated that at this time he would like to withdraw his rezoning request. MSP (Neisen Pickar) To adjourn the special meeting at 10:00 P.M. Councilman Baumgartner's Report Continued Councilman Baumgartner read the Planning Commission minutes of August 23, 1972. Councilman Pickar's Report Councilman Pickar stated that there was a Lakeside Park Commission meeting on August 23, 1972. He noted that vandalism at Lakeside Park was probably the highest ever. He commented on the proposed sanitary sewer at the beach house and the 20% enrollment increase in swimming lessons. Responding to a question, he noted there was no money in the budget for an ice rink at the park and the beach house was not heated. He added that a new 5 year capital improvement plan is to be presented to the Council shortly. MSP (Hodges Pickar) To approve the issuance of 5 building permits to T.M. Willmus Construction Co. for phase #2 of their Scotland Green apartment development subject to approval of their drainage plan by the Village Engineer. Mr. James Lund appeared before the Council to request road access to Lots 4 and 5, James Lund Addition. The Council decided against making a special exception to allow Mr. Lund to build on land not served by an improved street, against having Mr. Lund place a covenant on the deeds, and against Mr. Lund posting a bond that he maintain the road. Instead they requested the Engineer to prepare a rough estimate on the cost of extending a half street South from Hillview Road to serve these lots. The Engineer advised the Council that by doing so it would not jeopardize state aid funding for Edgewood Drive. Harold Hjelle asked how many doors were necessary in a dwelling and whether a garage door is considered an exit. He was advised that a garage door is considered an exit. 4 Ayes 4 Ayes Attorney Meyers' Report Attorney Meyers related that he has received a copy of the proposed park commission ordinance. Attorney Meyers submitted a check endorsed by Watson Construction Co. for $139.72, the refund on the assessment payments for Watson Construction Co. parcels taken through condemnation for new Highway #10. Attorney Meyers announced that there has been no decision on the Lloyd Moen versus Village of Mounds View case. Attorney Meyers reconstructed a brief history on the Barton Contracting and Chies Silver Lake Road Improvement of 1966. The lawsuit that commenced as a result of this construction is nearing completion. There are currently two claims left on the lawsuit to be settled and Mounds View is one of them. The Village has filed a claim for a 289 day overage at $25.00 per day. Mr. Meyers asked the Council if they would be willing to forego the potential claim. He stated that it was questionable whether the court would favor Mounds View, if a valid reason for the claim could be shown by the defendant. The Council felt that if everyone else signs off they would do likewise. They instructed Attorney Meyers to proceed to get everyone else signed off so there would be no potential claim against the Village. MSP (Pickar- Hodges) To award the bid on Sewer, Water and Street Improvement Project 1972 -3 Schedule A, to McDonald and Associates for $190,802.80 and Schedule B to Walbon Excavating, Minneapolis, Minn. for $54,710.70. Northdale Construction Co. Minneapolis, Minn. Arcon Construction Co., Inc. Mora, Minn. Nodland Associates, Inc. Alexandria, Minn. Waluon Excavating Minneapolis, Minn. Orfei Sons, Inc. St. Paul, Minn. McDonald Associates St. Paul, Minn. Northern Contracting Co. Hopkins, Minn. Erwin Montgomery Construction Osseo, Minn. H S Asphalt Company Anoka, Minn. Schedule A Bid 1 Schedule A Bid 2 Schedule B 259,913.00 250,671.00 No Bid 300,471.35 299,471.35 No Bid 243,207.90 235,155.90 No Bid 201,676.50 199,876.50 54,710.70 No Bid 222,613.75 No Bid 196,666.65 190,802.80 No Bid 25u,0uu0.00 240,00.00 No Bid 239,51.30 239,351.30 No Bid No Bid No Bid 64,327.98 -7- Engineer Boehm added that Schedule A was approximately 177. over the estimate in part due to the request of Fire Chief Fagerstrom for a 10 inch water line in the Industrial Park. Schedule B was 20% over estimate because it was a small street job and wet weather has delayed completion of many projects. Clerk Zylla announced that the final payment for the Irondale Road water assessment was received. The parcel of property involved was not previously assessed for water lateral and the matter came to the attention of the Council when the land was platted. The owner of the land protested the assessment since his assessment search of the property showed nothing pending. The Council, in agreement with the property owner, decided to assess 50% of the amount and the payment received on August 2, 1972 represents final payment. Clerk Zylla asked the Council if they were inclined to issue temporary or permanent improvement bonds for the next project. The Council informed the Clerk that they would issue temporary bonds for Project 1972 -3. Councilman Baumgartner asked about the large number of cars at Bill and Ed's Auto on Highway #10. He asked if there was not a violation being committed. The Clerk was requested to ask the police to investigate. MSP (Picker- Baumgartner) To adjourn at 11:04 P.M. 4 Ayes Respectfully Submitted, Dennis S. 1i1a, Clerk- Administrator -8-