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HomeMy WebLinkAboutMinutes - 1973/03/12w 0 PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA March 12, 1973 A Regular Meeting of the Mounds View Village Council was called to order by Mayor Neisen at 8:03 P.M. on March 12, 1973, at the Mounds View Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. Present: Mayor Neisen's Report Mayor Neisen Councilman Baumgartner Councilman Johnson Councilman Hodges Councilman Pickar MSP (Hodges Pickar) To approve the minutes of February 26, 1973. 5 Ayes Residents Requests and Comments from the Floor Also Present: Clerk- Administrator Zy'•.la Attorney Meyers Engineer Boehm Tom Doherty, 2109 Laport, asked if Mounds View was intending to send their contribution to the school district to fund Rick Rosow's salary since New Brighton had requested a village attorney's opinion as to the legality of doing so. MSP (Neisen Baumgartner) To instruct the Clerk to hold Check #7115 pending receipt of a copy of the Village of New Brighton attorney's opinion as to the legality of contributing to funding Mr. Rosow's salary up until July 1, 1973. 5 Ayes Mayor Neisen announced that Mr. Chenoweth, Ramsey County Safety Engineer, will recommend to the county board that a stop sign be installed replacing the yield sign at the intersection of Eastwood and County Road I. Mayor Neisen stated that an inquiry was made as to when Highway #10 north and west of Mounds View would be completed. The Highway Department replied that they do not expect construction to start on New Highway #10 until 1979 due primarily to financial limitations. Mayor Neisen read an exerpt from the minutes of September 27, 1971 regarding a drainage problem at 2111 Oakwood Drive. MSP (Neisen Pickar) That the Village declare this drainage problem the responsibility of the owners in the area since the pipe was installed by a private contractor, and that if any further work is done by Village crews to relieve the drainage problem, that the work be charged to the individual requesting the work at the going rate for both men and equipment. 5 Ayes. The Clerk was instructed to send a letter to the resident at 2111 Oakwood Drive informing him of the Council's decision and suggesting the residents of the area get together as a group to repair the pipe. Mayor Neisen read the Police Report for February and informed the Council that the League of Municipalities Convention would be held from June 27th to 29th at Alexandria, Minnesota. MSP (Neisen Baumgartner) To direct the Village attorney to draw up an ordinance amending the gasoline station ordinance to provide additional controls of their operations, to order a proposed hearing to be held at 8:30 P.M. on April 9, 1973, and to instruct the Clerk to send a letter to all gasoline station operators informing them of the hearing. MSP (Neisen- Hodges) To set a proposed hearing for 9:00 P.M. on April 9, 1973, to consider the regulation of establishments which are issued liquor licenses in an attempt to control certain activities which take place within the premises which may be described as obscene or immoral. 0 w MSP (Johnson- Hodges) To adopt Resolution #596 apportioning the assessments on Division No. 46157. Councilman Hodges' Report Councilman Hodges stated that he has been working with Tim Smith, Mounds View Civil Defense Director, in an attempt to up date the Village emergency plan. Councilman Johnson's Report Councilman Johnson read portions of a Spring and Summer Work Report which was prepared by the public works superintendent. Mayor Neisen announced that April 28th would be Village Clean Up Day. That he has spoken with Mr. Herbst and the Mounds View Snowmobile Club and has gained their assistance in this project. Mayor Neisen declared that hand -outs should be received by all Mounds View residents during the first part of April notifying them of the details of the clean -up day. 2 5 Ayes 5 Ayes Clerk- Administrator Zylla's Report MSP (Hodges- Johnson) To approve the licenses: Garbage /Rubbish Hauler Guy's Disposal, Ace Solid Waste Management, Reamers Rubbish Removal; Gasoline Station David D. Reif Skelly Station; Heating American Burner Service. 5 Ayes MSP Pickar- Johnson) To approve the transient merchant license for D. C. Carlson to sell velvet paintings for the firm "Far Away Places 5 Ayes MSP (Hodges Pickar) To approve the bills: General Fund checks #7096 thru #7132, Payroll Checks #170 thru #201, Bond check #100, Payroll Account checks #1007 and #1008, including the following transfers of $7,029.45 to the Temporary Improvement Bond Fund from the 1972 -3 Construction Fund to pay bond principal and interest, $10,741.07 to the Payroll Account from: General Account $8,626.43, Water Utility $1,154.61, and Sewer Utility $960.03 to pay the gross payroll of March 15, 1973. 5 Ayes Total disbursements $130,124.33. MSP (Johnson Baumgartner) To increase the blanket building and contents limit of liability from $1,281,300.00 to $1,369,440.00 subject to an additional premium of $137.00 per year. 5 Ayes 5 Ayes MSP (Baumgartner Johnson) To recess the Regular Meeting at 8:30 P.M. 5 Aye! Mayor Neisen called the rezoning hearing to consider a proposed Anchor Inn Restaurant to order at 8:30 P.M. Clerk Zylia read the legal notice and attested to its publication in the New Brighton Bulletin on March 1 and 8. He stated that 17 persons were sent a copy of the notice. The rezoning request is from R -1 Residential to B -3 Commercial. Unplatted lands subject to Drive and Avenue the S 132 ft. of N 363 ft. of W 330 ft. of NE 1/4 of SW 1/4 of Section 8, Township 30, Range 23 and Unplatted lands subject to Drive and Avenue and Road the N 231 ft. of W 330 ft. of NE 1/4 of SW 1/4 of Section 8, Township 30, Range 23, generally located between Edgewood Drive and Greenfield Avenue South of County Road H2 a distance of 330 feet. Louis Gydesen, owner of the proposed Anchor Inn explained his proposal. He stated that the hours of operation were from 5 P.M. to 10 P.M. Monday through Thursday, 5 P.M. to 11 P.M. Friday and Saturday and Noon to 10 P.M. on Sunday. He said the establishment would provide all you can eat at a low cost, but it is not a buffet. The building proposed would be the first building built specifically for an Anchor Inn. All existing Anchor Inn Restaurants were begun in existing buildings. The building would seat approximately 314 persons, would have a small cocktail lounge and three separate dining rooms for banquets. He described the restaurant as open family dining. He stated he will fence and landscape the property as required by the zoning ordinance. The building itself would be a low profile building that would blend in with the residential district. Mayor Neisen called for questions or comments from the floor. Mr. Allen Zepper, 5255 Irondale Road inquired as to what kind of fences would be installed. Mr. Gydesen replied that the fence would be a minimum of four feet to a maximum of six feet in height and would probably be a four and one half foot redwood weave fence. Mr. Glen Dawson, 2201 Lambert Avenue asked about proposed access to the property. Mr. Gydesen stated that there would be two accesses to County Road H2 and two accesses to Greenfield Avenue. He added that the establishment would have no entertainment, that the bar was primarily to accommodate persons during peak hours, with less than 10 percent of the building area designated to the bar, and that the building cannot be modified or expanded because of the lack of land area to do so. Mr. Robert Larson, 5299 Greenfield Avenue stated that Greenfield Avenue is a through street and that the proposal would devalue his property and therefore he was opposed to it. Mr. Giancola, attorney representing Anthony Donatelle, stated that his client was one of the first eating establishments to locate in the Village and was a so called "happy taxpayer" in the community. He said the proposed Anchor Inn should not be approved because the establishment would be off the well traveled Highway #10, that the proposal would create a traffic hazard, and that the proposed area was in a z residential district surrounded by residential homes except for the Pure Oil station and apartment building on the east. He stated his client was opposed to the rezoning. Mr. Allen Hall, 5290 Edgewood inquired as to how far the proposal was from his property. Clerk Zylla replied, from his north lot line to the south lot line of the proposal was a distance of 132 feet. Mr. Ronald Michna, 2427 Clearview, spoke on behalf of the Anchor Inn. He stated it would help to have more restaurants instead of gas stations in the community. He stated that there has been no mention of the tax dollars that this development would generate. Mr, Gydesen stated that the Ramsey County Assessor's 0ffira ecrimated the taxes from this building at $11,500.00 per year. Mrs. Barbara Haake, 1740 County Road 1, declared that she does not oppose the development. That the Anchor Inn would be more desirable than some other use for the property which would probably go multiple since few persons would construct a home on County Road H2. Glen Dawson said that people in the area should be concerned about the affect traffic would have on the school population in the area. Mr. Gydeson replied that his hours of operation do not commence until 5 P.M. and would have little affect on children going to and from school. Mr. Larson stated that when he moved into his home the property proposed for this development was zoned residential. He suggested the Village purchase the property for a park. Mr. Zepper replied that he would not care to have his kids play within 75 feet of Highway #10. Mr. Michna, 2427 Clearview, added that we need business along Highway #10, maybe with the addition of the Anchor Inn it would be possible for the Village to get a traffic light at County Road H2 and Highway #10. Mr. Rollie Blakeley, 2462 County Road H2, asked why we could not get Onan Company. He said that we lost Onan, but we still have their trucks using County Road H2. The engineer replied we were not able to get Onan to locate in the Village because we did not have trackage. Mr. Larson asked why this establishment could not be built in other areas already zoned properly. Mr. Gydesen replied that he has contacted several property owners along Highway #10 and that he had a proposal prepared for an area around Silver Lake Road and Highway #10, however, the owner decided not to build for him. Mr. Jack Morgan, 2730 Laport said he would like to speak on behalf of the Anchor Inn. He did not see a severe traffic problem arising and he felt that the Anchor Inn was a great type of eating establishment which would not conflict with the trade generated by Donatelles. Mr. Robert Edmond, 2234 Bronson, spoke in favor of the proposal. He said that he and his family have enjoyed several meals at the Anchor Inn and he agrees that the proposal will not conflict with the established businesses. Mr. Gillespie, 2045 Highway #10 spoke in favor of the development said g spo pm_nt also, He s_id the Anchor Inn was a clean place .:o eat. kS Mr. Guidon Ziebarth, 5150 Rona Road, dsked it it tr.ffi, dues become hazardous at the 4 intersection if there would be a possibility of providing a solution to the problem. The Council replied "yes" probably. Mr. Ziebarth then stated that he was in favor es of the rezoning and that he could see several positive things coming from it. Mr. Joe Caraway, 5280 Edgewood Drive, spoke in favor of the rezoning since there would be no entertainment, there would be a small bar, and the development would not detract from property values. Mr. Thomas Doherty, 2109 Laport Drive asked why Mr. Gydesen decided on this piece of property. Mr. Gydesen answered that he has been interested in the area north of the Twin Cities for some time since several of his customers now come from this area to Bayport. Mrs. George Bittis, Jr., 2812 Laport spoke in favor of the rezoning. She stated it was a complete family place and we do not need more children from apartments. Mr. Michna replied to the statement that the proposal would decrease property values. He stated that he owns property directly across the street to the west and would consider building a new home on the lot even though he would be looking at the Anchor Inn fence. Mr. Glen Dawson accused the audience of looking to their pocket books and not thinking about the future for their children and the effect that the Anchor Inn would have on the community they would have to grow into. Mr. Doherty said he was against the proposal unless there was a prior agreement from the Cour..y on installing a semaphore at County Road H2 and Highway #10. He felt the possible cost of a life did not warrant approving this proposal. Mayor Neisen closed the hearing to the public at 9:19 P.M. Councilman Pickar said that the Council cannot justify denial for the proposal just on the basis that there are enough business places in the area. Councilman Baumgartner agreed with Councilman Picker adding that Mr. Gydesen has tried to locate in Mounds View in other areas. Mr. Gydeson did come to the Planning Commission the first time with a plan that did nbt conform to the ordinance. He did however, put the requirements in his second plan and was very cooperative. Regarding traffic on Greenfield Avenue, Councilman Baumgartner said he was not so sure residents on Greenfield would be affected. He felt Greenfield traffic would be normal traffic. He said that a park on the property was out of the question. He said he has enjoyed eating at the Anchor Inn and felt an Anchor Inn would bring in more business to Donatelles so that both establishments would benefit. Councilman Johnson added that any denial must be on the basis of health, safety, and welfare and that he found it hard to deny this request based on those criteria. The area proposed was not in the middle of a residential area, since there was commercial on two sides of the property. In his opinion the area was not suitable for single family dwellings. Councilman Hodges agreed with Councilman Baumgartner adding that the Anchor Inn was very clean and one of the finest restaurants. Moreover, Highway #10 someday would be Mounds View's main street and additional semaphores would be forth coming. He said Donatelle's clientele would be different from that of the Anchor Inn. There was no reason not to accept the Anchor Inn into the community and therefore he would approve the rezoning and the issuance of the liquor license, 5 Mayor Neisen said that he has not eaten at an Anchor Inn, but the plan does meet the Village requirements. There should be no parking on residential streets or County Road H2. He felt that the project would benefit the community. MSP (Hodges Pickar) To approve the rezoning of the property described in the legal notice from R1 Residential to B3 Commercial for Louis Gydesen to construct an Anchor Inn, and to issue an on sale intoxicating liquor license upon completion of the restaurant. 5 Ayes MSP (Hodges- Johnson) To adjourn the special hearing at 9:32 P.M. 5 Ayes Councilman Baumgartner's Report Councilman Baumgartner read the Planning Commission minutes of February 28th. MSP (Baumgartner Johnson) To authorize that a letter be sent to the Blaine and Spring Lake Park Village Councils requesting that some effort be made to put pressure on the State Highway Department to complete new Highway #10 from County Road J at least to Highway #65. 5 Ayes Councilman Baumgartner sited as his reason high traffic volume on County Road J. Councilman Pickar added that a "monster corner" was created at Long Lake Road and County Road J which is proving very hazardous to motorists. The Council took under advisement a request by the Planning Commission to take townhouses out of R1 and place them in the R3 zoning district. The Council decided that they needed copies of townhouse ordinances and other additional information. Councilman Pickar's Report Councilman Pickar stated that the Lakeside Park Commission meeting was held on February 22nd and that the Spring Lake beach will open on June 9th. MSP (Pickar Baumgartner) To adopt Ordinance #201 changing the total membership on the Human Rights Commission from five to seven members and adopting the following terms for the current members: Councilman Pickar 2 year term; Rose Brown 2 year term; Carol Ziebarth 1 year term; Joan Godeke 3 year term; Gerald Skelly 3 year term; Mr. Foster 1 year term. 5 Ayes Councilman Pickar announced t_.at the Human Rights Commission was looking for a seventh member. Councilman Pickar declared that MSA approval was received for Jackson Drive and County Road H2. Attorney Meyers' Report 6 Attorney Meyers noted that there was a question raised on the Civil Service Cnmmission's amendment to create a juvenile department. He stated he would research the question and report back to the Council by the next meeting. Attorney Meyers reporting on a class action against cast iron pipe manufacturers noted that two smaller companies have agreed to pay damages. Some money may trickle down to Mounds View. He expects that several more claims will be recovered against the larger manufacturers. Engineer Boehm's Report Engineer Boehm declared that bids were opened at 12:00 Noon on painting the water tower located at 2401 Highway #10. He stated he was unable to get in contact with the low bidder to discuss his bid and find out if he would enter into a contract with the Village. He expected to report back to the Council by the next meeting. Engineer Boehm noting that MSA designation was received for Jackson Drive, added he still has not been able to obtain a response from the St. Paul Water Department as to what type of crossing will be required of their pipe at County Road I. Engineer Boehm stated that a preliminary cost estimate on expanding the municipal maintenance building would be between $23.00 and $25.00 per square foot assuming normal lighting and some heating. MSP (Neisen Pickar) To accept the bids for project 1973 -1 Tower and Tank Repainting. Abhe Svoboda $12,630.00 West St. Paul, Minnesota Keller Painting Service 7,440.00 Willard, Wisconsin 2045 Highway #10. MSP (Hodges- Johnson) To adjourn at 10:29 P.M. Schumann Bros., Inc. St. Paul, Minnesota Anderson Sandblasting and Painting Robbinsdale, Minnesota William Gillespie operator of the Skelly Station, 2045 #iighway 10,inquired whether or not his license was approved. Mr. Morgan, 2730 Laport presented a petition to the Mounds View Village Council signed by approximately 95 persons requesting that the Village Council issue a license to Mr. Gillespie to conduct his service station. MSP (Neisen- Hodges) To grant a gasoline station license to William Gillespie at 1 Respectfully Submitted, Dennis S. Zyll'a, Clerk- Administrator 7 $13,472.00 $14,850.00 5 Ayes 4 Ayes Johnson Naye 5 Ayes