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Home My WebLink About1963/09/03 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING STA LOUIS PARK September �� 3 MINNESOTA 1963 1 CiaLL TO ORDER A regular meeting by president Prof the City Council was called to order o tern Ehrenberg at 8 : 05 p . m . 2 INVO C�`�T ION Invocation was given by Rev , LeRoy Cook of the Suburban Baptist Church, ROLL CALL The following Councilmen were present aL roll call : Robert Ehrenberg James IIelLzer Frank Howard Curtis Pearson Robert S 'Ihan'_ c Also presenL were the City Manager , City �,L Lorney , Planning Director , Director of Public Works and the Secretary . Councilman Thiel arrived at C : 25 p . m . L, • MINUTES On motion of Councilman Shank , seconded by Councilman Howard , the minutes of t 'ne =negulat meeting held Augus -L 26 , 19635 were approved by a five yea vote . 5 • PUBLIC HEARINGS ( a) PROPOSED PRELIMINARY AND FINAL PLAT OF BIPuC1TkJ00D HILLS ADDITION . � opened -the hearing on this President Pro tem Ehrenbe -rd matter . No one present was interested in this matter . Pro -tem Ehrenberg declared the hearing closed . President P seconded by Council - It was moved by Councilman Pear- son , reliminary plat of Birchwood Hills man Shank , to apps pea vote . Addition . Motion passed �y a rive y 229 Council Minutes - Scptmber 3 , 1963 5 , RESOLUTION N0 , 2434 It was moved by Councilman Heltzer , seconded by Councilman Howard to waive reading and adopt Resolution No , 2434 , entitled , " Resolution Giving Approval for Final Plat of Birchwood Hills r, ddition" . Motion passed by a five yea vote , (b ) PROPOSED SIDEWALK CONSTRUCTION , IMPROVEMENT N0 . 63 - 21 CITY - WIDE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 15 AND AUGUST 22 , 1963 . President Pro tem Ehrenberg opened the hearing on this matter . The following persons were present at the meeting and w .2re heard : Jack Kay , 2644 Inglewood Avenue ; Sam Hymanson , 2635 Kipling Avenue ; Joseph Garber , 2621 Inglewood Avenue ; Mrs . H . Jo ilJast2r l 4270 Yosemite Avanua o Robert C , Olsen , 4200 Toledo Avenue ; Walter R . Nordstrom , 2701 Lynn Avenue ; William Campbell , 2704 Lynn Avenue , Ted C . Shirley , 2800 Huntington Avenue ; Eugene C . Wilson , 3100 J rsay Avenua ; David 0 . Remington , 3631 Glenhurst t_venue ; Kenn ; th L . Olsen , 5019 Goodrich t`.venu ;. ; Georga Gibson , 5015 Goodrich Avenue ; Alex Buie , 5809 Cambridge Avenue ; Lynn George Truesdell , 3814 Inglewood Avenu ; ; Mr . 'Rosette , 4900 Vallachar Avenue ; Donald N , Lae , 74- 21 �1 ` st Lake Street , President Pro tem Ehrenberg decla -^ed tha hearing closed . It was moved by Councilman Pearson , seconded by Council - man Shank , to waive reading and adopt resolution ordering the improvements and ordering preparation o plans improva - mant No . 63 - 2 , except the 2700 block on Lynn tha 5700 , 5800 and 5900 bloc' ; on Goodrich Avanue , 4900 Vallach r and 3924 Monterey Avenue . Motion lost by a vote of �� ive yeas and on` nay . ( Councilman Heltzar voting nay . ) (motion lost bacause six yea votes are needed to pass . ) It was : ovod by Councilman Heltzar , seconded by Council - man Pearson I V reconsider the above motion . Motion passed by a six yea vote . It was moved by Councilman Hal-'Czar , second nld by Council - man Pearson , to dofer action on the above matt ,ir to September 95 1963 . Motion passed by a vote of six yeas . 230 6ouncil Minutes - S ,-' Pt ` , 0 er 313 1963 5 ( c ) PROPOSED SPECM.LSSESr; rIENT FOR r r , rVITHIN THE CITY , A3 DESCRIBED ININOTICJE' A.1 - COMPLETED PUBLISHED [XGUCT 15 , 1963 . OF III;� ,RING Pr ;� siden � " ro t ,am F, hr` nb ` r this matter ,, g open ; d the hearing on The folio wir}g P ` rsons were E . Johnson 3150 Texas present and h ; ards Marland ' Avenu ` 7 James Smith 3149 Utah Avenue ,* Gary Otto , 2320nVirglnia Avenues Mr . Cox , �atorne Coast to Coad. coy^es . y for Stores . Ernest Franlcl 1^ ` p osenting S & L PrLsidcni: Pro tem ^ , Ehi . nbarg declared the hear closed . � RESOLUTION N0 , 2435 It was movad by Councilman Howard seconded by Council - man Shank , to waiv4 reading and adopt entitled " Resolution• P ?'. ` solution No . 2435 , Res olut ion Adopting As s as s m --) ment nos , 61 - 40 , 62 - 1 & 62 - 63U . Motion ' ` xc ` pt improve - vote . ) passed by a six yea F, motion 1-vas mad ,a by Councilman Pearson , seconded by Councilman Howard , to d , f er action to 3 cp t , mber 9 , 1963 on Improvement Nos , 61 - 4U , 62 - 1 and 62 - 63 , Motion passed by a six yea voL %2 . ( d) PROPOSED PRELIMINARY PLAT OF PURO f,_DDITION (HIGIf-PlAY NO , 7 EAST OF MINNEHlJUi CREEK - HEARING CONTINUED FROM AUGUST 26 , 1963 ) . President ' Pro tem _ Ehrenberg opened •she hearing on this matter , Earl Pleticha of Sear Roebuck Company was present , It was rioved by Councilman Pearson , seconded by Council - man Shank , that the hearing on the above matter be adjourned to SeptembeL 23 , 1963 . Motion passed by a six yea vote . 6 ' REQUEST , PETITIONS AND COMMUNI iTIONS MEN (a) None . 231 Council Minutes - September 34) 1963 7 . RESOLUTIONS AND ORDINANCES a FIRST READING OF PROPOSED ORDINANCE AMENDING SECTION 4 : 4104 ( ) OF THE ST . LIIUIS PARK ORDINI�NCE CODE ENTITLED " LIQUOR NOT "° RELLTING TO BE CONSUMED IN NON LICENSED PUBLICCL11C SIN "UBLIC PLACES IN CONSUMPTION OF LIQUOR , tIINES AND EER THE CITY OF ST , LOUIS PARK ( DEFERRED FROM L.UGUST 261) 1963 ) . It was moved by Councilman H21tzer , seconded by Council . man Shank , to waive first reading of proposed ordinance and g on September 16 , 1963 . Motion to set date for second readin passed by a six yea vote . (b ) SECOND READING OF PROPOSED ORDIN�iNCE I'11ENDING SECTION 2 : 106 OF THE ST , LOUIS Pf,RK ORDINI'.NCE CODE ENTITLED CITY COUNCIL TO GD,2iNT OR DENY LICENSE " RELATING TO ISSUANCE OF BEER LICENSES IN THE CITY OF ST . LOUIS P:,RIN . ORDIN.,NCE N0 . 0 ( 9 It was moved by Councilman Pearson , seconded by Council - man Howard , To waive second reading of Ordinance No . 889 , entitled , " Ln Ordinance t,mendina Section 2 : 106 of the S t . Louis Par?: Ordinance Code Entitled " City Council to Grant or Deny License " Relating to Issuance of Deer Licenses in the City of t . Louis Park" . Motion passed by a si Sx yea vote * ( c ) SECOND READING OF PROPOSED ORDINANCE �AMEITDING SECTION 2 ; 1602 ENTITLED " LICENSE F.EQUIRED " OF THE ST , LOUIS PARK ORDINANCE CODE , RELi,TING TO LICENSES FOR ShLE OF MILK OR CREAM IN THE CITY OF ST , LOUIS Pi,RK , ORDINNCE N0 , 090 It was moved by Councilman Shank , seconded by Councilman Heltzer , to � 7aive second reading and adopt Ordinance No . ' 90 , entitled , " «n Ordinance J',mending Section 2 : 1602 Entitled " License Required ' i , of the St . Louis Park Ordinance Code , Relating to Licenses for Sale of Milk or Cream in the City of St . Louis Park " . Motion pass ,-,, d by a sig. yea vote . ( d) SECOND READING OF PROPOSED ORDINPLNCE AMENDING ORDINANCE NO . 785 PASSED MAX 22 , 1961 ENTITLED " ISI ORDINT�NCE REGULAJING AND LICENSING FOOD ESTL, BLISHMENTS �, ND PROVIDING I, PENALTY FOR VIOLATIONSJ THEREOF 4`.ND REPEALING CERTLIN SECTIONS OF THE ST . LOUIS PARK ORDINANCE CODE RELATING TO FOOD ESTABLISH ' MENTS WHICH SECTIONS TIRE NUMBERED HND ENTITLED ' REST WNTS � CAFES , I',ND LUNCH ROOMS , ' SECTION 2 : 1301 DEFINITIONS , SECTION 232 council Minutes - September 3 , 1963 � . 2 : 1002 LICENSE REQUIRED , SECTION 2 : 10031TPLICATION , SECTION 2 : 1004 FEES , SECTION 2 : 105 EXAMINATION :.ND CONDEMNATION OF UNWHOLESOME OR ADULTEWITED FOOD OR DRINK , SECTION 2 : 106 INSPECTION OF P,ESTAUR«NTS , SECTION 2 : 107 SANITATION REQUIRE - MENTS , SECTION 2 : 1808 DISEASE CONTROL , SECTION 2 : 1009 PRO - CEDURE �IJHEN INFECTION SUSPECTED , SECTION 2 : 1810 ENFORCEMENT INTERPRETAT ION , 11 ORDINANCE N0 , 391 It was moved by Councilman Pearson , seconded by Council - man Shank , to waive second reading and adopt Ordinance No . 091 , entitled , T � �,n 0 -rdinanee Amending Ordinance No . 785 , Passed May 22 , 1961 , ` niitled n Ordinance Regulating and Licensing Fodd Establishments and Providing a Penalty for Violations Thereof and Repealing Certain Sections of the St . Louis Park Ordinance Code Relating to Food Establishments Which Sections are Numbered and Entitled " Restaurants , Cafes , and Lunch Rooms , Section 2 : 1001 Definitions , Section 2 : 1002 License Required , Section 2 : 1003 Application , S ;2ction 2 : 1304 Fees , Section 2 : 1005 Examination and Condemnation of Unwholesome or dulte -rated Food or Drink , S ; ction 2 : 1206 Inspection of Restaurants , Section 2 : 1807 Sanitation P. equirements , Section 2 : 1800 Disease Control , Section 2 : 1809 Procedure When En - fection. Suspacted , Section 2 : 1810 Enforcement Interpretations ` . Motion passed by a six y ,---Aa vote . REPORTS OF OFFICER , BOARDS LND COMMITTEES ( a) REPORT OF EMPLOYEE APPOINTMENT (PROPERTY APPRAISER I ) It was moved by Councilman Haltzar , secondd by Council - man Thiel , to consent and approv,2 the appointment of Thomas A . Kirkpatric ; : , Probationary Property 1ippraiszr I , Range G C 95 Step A . effective Septamber 9 , 1963 . Motion passed by a six yea vote . (b) REPORT OF THE BO:M OF ZONING `,PPE,,LS ( Ci�SE N0 . 63 - 52 - VI`P. , ) RECOMMENDING FL:VOR: BLY UPON THE REQUEST OF Dl-ASHEL RELLTY , INC . FOR VARIL.NCE FROM PROVISIONS OF SECTION 6 : 074 . 5 OF THE ZONING ORDINANCE TO ALLOT'] CONSTRUCTION OF A RESIDENCE ON T; LOT HAVING AN ENCROACHMENT UPON RE,R YfiRD OF 1:PP ROXIMi',TELY ONE FOOT BY AN E�: I � T ING NON CONFORMING RESIDENCEe 233 Council Minutzs - n � ptamb � r 3 , 1963 RESOLUTION NO . 2 !} 36 Us It was moved by Councilman Pearson , socondad by Council _ man H , ltzar , to vlaivo reading and adopt Resolution No . 2436 TT 7r ^ entitled R ,. � olution Granting Varlanc ` of Lot �rIidth and ' Lr ` a Irom th ;2 Requi -rcmonrs of Section G : O7 '; . 5 of tho St . Louis Par'. : :mooning Ordinance ' T . Motion pass .� d by a six y ` a vote . ( c ) REPORT OF THE BOi. RD OF ZONING iAPPE��LS ( GCSE N0 , 63 - 4S .-VhI'L , ) I:ECOMMENDING F :,1VO1..,. BLY UPON THE REQUEST OF S T . LUKES EVAN - GELICI,L LUTHERI►N CHURCH FOI . VArZII.NCE FROM PROVISIONS OF SECTION 6 : 07L1. . 5 OF THE ZONING ORDIWNCE TO BUILD AN ADDITION TO CHUILCH f,IITH A FRONT YARD SETBACK OF EIGHTEEN FLET IN - STEI,D OF THE-%, REQUIRED TI4IRTY FEET 1r.T 4075 I,ND L, OS1 IIEBSTER ►VENUE (REFEt.P. LD BY COUNCIL JULY 29 , 1963 ) . It was moved by Councilmen H1tzLr , seconded by Council - man Pearson , -to waivereading and adopt -resolution approving the variance . Motion lost by tho followinrr roll call vote : Councilman Ehr2nberg , nay ; Councilman Heltzor , yea ; Council - man Howard , nay ; Councilman Parson , nay ; Councilman Shank , nay ; Councilman Thiol , nay . ( d) MINUTES OF THE BOI ',RD OF ZONING I, PPE SLS MEETING HELD AUGUST 20 , 1963 . On h . aring no obi , ctions tho Prasid ; nt Pro tem ord ` red the minutas reeo .iv d for filing , ( � ) REPORT OF THE PLANNING COMMISSION ( CiISE N0 . 63 - 56 - Z) RE - COMMENDING FI,VORI, BLY UPON THE REQUEST OF � NTON YNGVE TO REZONE THE NORTHEAST COR NEP. OF 11JEST 16TH STREET �,ND COLOP.I.DO AVENUE FROM I - 1 DISTRICT IND - 3 DISTRICT TO R - B DISTRICT TO BUILD AN PI, RTMENT DEVELOPMENT , It was movad by Councilman H , ltz ` r , s , cond ; d by Council - man Thiel , -� o Got date for public haaring on the abov,� r � zonino on S � pt . mb �, r 23 , 1963 . Motion passad by a six yea vota . ( f) REPORT OF LiW �T, CQUIS ITION , 1 . Report of -th City Manager cone ;� rning acquisition of Land from Benilda High School for part; and drainage purposes . 6ouric �I It "' as mov, d by Councilman Paarson s cond , d by man Howard , to authoriz ` the. City Managar to � purehaso land in the amount of $ 20 , 760 . 00 . Motiono .-- five Y ' c15 ' Councilman Passod by a votes. H l zcr out or room when vot , :-ias takan . 2 3 L!- Council Minutes - S . ptomber 3 , 1963 2 . Report of the City Manager eoncernin� acquisition o _r land from Charles 0 , Newcomb ( Lot 1 , uBlock 1 , vjooddale Park) , It was moved by Councilman Pearson , socondad by Council - man Shanl� , to authorizo the City Manager to purchase land in the amount of $ 450 . 00 , -to accept d ,� ` d and authori . , City C12rk to file same for record sub ' oct to approval of titla by the City Attorney Motion a � - • passed by a rive y ,.--3a vote . ( Councilman H . ltzer out of room jvhan vote was takan . ) 3 . Report of City Manager concerning acquisition of land from Richard N ` slund for r ,jostmoraland Street . It was mov -, d by Councilman Shank , s2cond ,2d by Councilman Howard , to authorize the City Manager to purchaso the abov land in the amount of $ 3 , 500 . 00 . Motion nassad by a vota of five yeas, ( Councilman He1tz ;2r out of room wh .) n vote was taken . ) (g) REQUEST OF ROY BOUCI-LW%D TO REZONE LOTS � ! , 5 , 6 HOME ADDITION FROM R. 2 I';ND R. 3 DISTRICT TO R - 4 DISTRICT (T %JEST 22ND STREET BETUEEN NEVADA AVENUE AND PENNSYLVANIA AVENUE) 1"20 RECOM.MEN - D� DATION OF THE PLl,NNING COMMISSION ( Cf-,,SE NO , 63 - 42 - Z) THAT LOT 4 BE REZONED R - 3 , THAT PART OF LOT 5 BE REZONED R - 3 , AND THAT PI.RT OF LOT 5 AND LOT 6 BE REZONED R - 4 DISTRICT . H . C . Davis , Attorney , was prosent . It was movad by Councilman Shanl< , seconded by Councilman Howard , that tha above mattar be r, ferrad rack to the Planning Commission for further study of entira arca , as par racommon - dation of the Planning Director . Motion nassad by a six yea vote . (h ) REPORT OF THE PLANNING COMMISODN ( C�',SE NO . 63 - L:l - SP ) RE - COMMENDING F�',VORLBLY UPON THE REQUEST OF BUILTWELL CONSTRUC - TION INC . FOP. SPECI�.L PERMIT UNDER PROVISIONS OF SECTION 6 ; 176 . 1 OF THE ZONING ORDINANCE TO BUILD MULTI - Fi`\ MILY PIE - S IDENCE ON LOTS 47 51 67 HOME t;DDITION (i T WEST 22nd STREET BETWEEN NE t ,.D�. �iVENUE ,ND PENNSYLV�dNI�. AVENUE) It was movad by Councilman Paarson , soconded by Council - man Shank , to dafor above matter until z7oning of prop - rty is 3 by a six yea vota . completed . , io � ion pass : ( i ) MINUTES OF THE SPECI:',L PLS NNING COMMISSION ��EETING HELD AUGUST 21 , 1953 . On haaring no obj : ctions e thPrasid2r.t Pro tam ordered the minutes 1^ aceiv ` d for filing . 235 Council Minutes - , ePtembe1' 3 ' 1963 S , (j ) MINUTES OF PLI1`IN ING COMMISSION MEETING HELD AUGUST 7 , 1963 (DEFEi.RED FROM IsUGUST 19 � 196 ' ' On hearing no obj ections the President. Pro tem odered the minutes received for fil1ng . C . UNFINISHED BUSINESS nONTFu; CT FOP. STORM SEt, ER II�IP ( a) ROVEl1ENT NO . 62 - 6 E �� JF��.D OF C (NORTHEAST ) . 1^ sc � d by Council . d by Councilman Hel Lcond .. It was move ^ ' e deferr : d 'Co action on the above mat � � � U man Thiel , gnat 1963 . Motion passed by a six yea vote . S ` ptember 9 , 10 . NEW BUSINESS AGREEMENT BET`,'IEEN COLOR t�D PI, CKAG ING i SND THE CITY OF S T . ( a) LOUIS PhRK RELATIVE TO LEASE OF BUILDING PIT 3612 ALABAMA :VENUE FOR P. P:R K EQUIPMENT . ilman Pearson , seconded by Counci It was moved by Councman Shank , to approve to authorize the Mayor and City ManagLar to ` xecute the above aC.3 > > ment on behalf of the City * Motion passed by a vote of five yeas . ( Uouneilman HaltzO was out of the room when voce was taken . ) (b ) R EGLaDING COMr1UNITY UNITS LND RESIDENTIIiL DEVELOPMENT PLiIiS . It was moved by Councilman Pearson , seconded by Council - man Thiel , that the recommendation of Miel . Batson , Planning Director , f'oL^ improvement of Zoning Ordinance as to community units and resid :ntial developement plane :be referred to the Staff . Motion _ passed by a six yea vote . s 11 . MIS CELLI:NEOUS ( a) None * 12 * GL1, IMS , APPROP RILTIONS AND CONTRACT PAYMENTS (a) None . 236 council Minutas - S ` p 'L ombo r 3 . 1963 in , ADJOURNMENT On motion of Councilman Howard , socondad by Councilman Meltzer , the meeting was adjourned at 12 : 09 a . m . , by a six yea votOl . Robert Eh unberLrr , Pros ' ent Pro tem TTEST : � � ph stall Socretary 237