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HomeMy WebLinkAbout1964/09/14 - ADMIN - Minutes - City Council - RegularMINUT�S OF CITY COUNCIL MEETING ST. LOUI� PARK, MINNESOTA September 14, 1964 l. C�.�.L TO ORDER � A regular meeting of the City Council was called to order by Mayor I�enneth ��iolfe at G:03 p.m. 2. INVOCATION Invoeation was given by Rev. Ellis Graber of the Union Congregational Church� 3. ROLL CALL The following Councilmen w�re present at roll call: Robert Ehrenberg James Heltz�r Frank Howa-rd Curtis Pearson Robert Reynolds Kenneth t�Jol f e Also present were th� City Manager, Planning Director, City Assessor, Director of Public bVorks and the Secretary. Councilman Thiel arrived at 8;45 p.m, and left at 10:45 p.m. 4. MINUTES On motion of Councilman Howard, seconded by Councilman Ehre�berg, the minutes of the regular meeting held August 31, 1964, were approved, as amended by ehanging the word "would'T to 1�Shouldt' on page 1£32 item 6(;�) , by a six yea vote, Councilman Thiel was not present. � �. PUBLI� HEARINGS (a) PROPOSED VACATI�JN OF MORTON STREET (AT APPROXIMATELY l8TH STREET AND TEXAS AVENUE), AS DESCRIBED IN NOTICE OF HEA.RING PUBLISHED AUGUST 20, 1964 (CASE N0. 64-40-VAC.) REQUESTED BY JAMES R. FITZGERALD AND OTHERS (SEE ITEM 3(d) FOR PLANNING C�MMISSION RECON�NDATION) . Mayor t�Jolfe opened the hearing on this matter. Mr. J. R. Fitzgerald was presenfi i.n favor oF request, Mayor Wolfe declared the hearing closed. s. .. Coun�il Meeting - September 14, 1964 S . (a) cont' d . It was moved by Councilman Pearson, seconded by Councilman Reynolds, to waive first reading of proposed ordinance and to set date for second reading on September 28, 1964. Motion passed by a six yea vote. (b) PROPOSED VARIANCE FRQM PROVISIONS OF SECTIONS 6:074.3 AND ,6:074.5 OF 70NING ORDINANCE TO PERMIT A SIDE YARD 6VII7TH OF � TEN FEET INSTEAD OF REQUIRED FIFTEEN FEL-"T [�ND 4, 520 SQUARE FEET OF AREA INSTEEID �F REQUIRED 4, �00 SQUt�RE- FE�T AT 1656 COLORADO AVENUE, �.S DES CRIBED IN NOTICE OF HEAI�SNG PUBLISHED SEPTEMBER 3, 196�F (CASE N0. 64-38-VA�,) REpUESTED BY ELBA, INC. Mayor Wolfe opened the hearing on this matter. I�Io one present was interested . in thi�s � matter, Mayor `v�olfe deelared the hearing :clo��ed, . : � RESO�„UTION N0. 2661 �� �, . , , ' . : It was�moved by Councilman Howard, seconded by Councilman Reynolds, to waive reading and adopt Resolution No. 2661, entitled, t'Resolution Granting Variance of Side Yard Width and Lot Area from the Requirements of Sections 6:074.3 and 6: 074.5 of the St , Louis Park Zoning Ordinancet' . Motion passed by a six yea vote. �� (c) PROPOSED THE CITY NOT I CE OF . �. SPECIAL ASSESSMENT FOR IMPROVEMENTS COMPL�TED WITHIN ( IMP ROVEMEAiT NOS . 6 2- 31 AND 6 2-6) , AS DES CRIBED IN HEARING PUBLISHED AUGUST 27 AND SEPTEMBER 3, 1964, Mayor t�lolfe opened the hearing on this matt�r. The foilowing p`rsons wer` present: H. Ratner, 2700 ::enwood Avenue. Discussed method used in preparing ass�ssment roll. Howard V. Georg`, 2112 Parkiands Road, repr�s�nting a group from Lake Fores�t area, presented a petition from residents of the Lalc� Forest , Parklands , t�Testridge and Parkwoods Tracts , signed by Dr. &�irs. Ralph 0. Christenson, 4000 Cedarwood Road, and others opposing th2 $200.00 per 50 foot lot, plus $2.00 per front foot over 50 feet and requesting that th` er sin le dwelling approved by City $20U.00 unit char�e p g Council, April 29, 1963, be used as basis for assessment. 2206 Parklands Road, presented p2titions signed youngblood and Leslie H. Youngblood a�2d6others, Proposed Assessment for Improver��nt Paul Olf�lt, by Hillard E. ;'Obj ection to :� Council Minutes - September 14, 1964 5 . (c) cont t d . Howard B�rg, representing the G reat Northern Railway Company, filed a notic� o� ovj�etion to the proposed a�sessment of $23,656.00 for Improvement No. 62-6. Manley Davenport, representing Minn�apolis, Northfield and South�rn Railway, pi�esented a letter, dated September 14, 1964, objecting to th� nroposed assessment for Improv�ment No. 62-6. Irving R. Brand, �E300 Forest Road, pres�nt�d a writt�n objection to the assessm�nt ior Improvements No. 62-G and 62-31. D. Cooperman, 22US S, y�lillow Lane, opposed the assessment, claiming no benefits. M, l�. Harris, 2231 South Hill Lane, opposed �che asses�ment, claiming no b�n�fits. L. J. Klitzke, 2317 Quentin Av�nue,inquired if any consider- ation was given to home owners who have be�n assessed in the past for storm sev�ers . Answer was yes . P. E. OtBi^ien, 3934 Ottawa Avenue, regard�ng Improvement No, 62-31, said he felt assessm�nt was discriminatory, etc. Mrs. Peterson, 4031 Excelsior 8oulevard, was present. Mr. Reichel, 4305 [�J. 38th Street, stated he reels assessment (No . 62 - 31� not equitable . Robert Gile, 4211 Forest Road, claims no benefit from project No. 62-6. Mayor t,Jolfe declared the h�aring closed. After considerable discussion by the Council members a 10 minute recess v�as taken. [�fter calling -th� m��tino to order the fo?lowing motions were made . RESOLUTION N0. 2662 It was moved by Councilman Pearson, seconded by Councilman Reynolds, to waive reading and adopt Resolution No. 2662, en- titled "Resolution �ldopting Assessment�' (62-G and 62-31) as prepared by Assessor and as per roll on iile. Motion lost by the following roll call vote: Councilman Ehrenb�rg, nay; Councilman Heltzer, nay; Councilman Howard, nay; Councilman Pearson, y�a; Councilman Reynolds, y`a; Councilman �hiel, nay; Mayor [�lolfe , nay . It was moved by Councilman Ehrenberg, seconded by Councilman Howard, that tn� assessments be changed and that R1 and R2 Districts be assessed at $2�0.00 per SO I'oot lot and $1,00 for �ach additional front foot, and no assessment to be more than $3�0,00. Before vote was tal<en the following motion was made: 190 �"J Council Minu-teE - Sept��er 14, 1964 5. (c) cont' d . A motion Was made by Councilman Reynolds, seconded by Council- man 1'�arson, -to am�nd ioregoing motion by deleting "and no assessment to be mor� than $300.00t'. Motion passed by the following roll eall vote: Councilman Ehrenb�rg, nay; man H�ltzer, nay; Councilman Hov�ard, nay; Councilman y�a; Councilman P,eynolds, yea; Councilman Thiel, yea; VJolfe, yea. Council- Pearson, Mayo-r Vot� Qas then talcen on original motion as am�nded and lost by the following roll call vote: Councilman Ehrenberg, yea; Councilman Heltz�r, y�a; Counciiman Howarcl, nay; Councilman Pearson, nay; Councilman Reynolds, nay; Councilman Thiel, nay; Mayor [�Vo1:Fe, yea. RESOLUTION N0. 2662 It vaas moved by Councilman Howard, seconded by Councilman Ehr�nberg, to waive reading and adopt Resolution No. 2662, entitled, ttR2solution Adopting AssessmenttT Improvement No. 62-6 and 62-31, wi-th the provision that the PS c� R2 Distric�s be assessed at $200.00 per 50 foot lot plus $1,00 for each aclditional front foot, but that no ass�ssment in the R1 and ' R2 Districts be mor� than $300.00,. Motion passed by the following roll call vote: Councilman Ehrenbei^g, yea; Councilman Heltzer, yea; Councilman Howard, yea; Councilman Pearson, nay; Councilman Reynolds, nay; Councilman Thiel, nay; Mayor t`Jolfe , yea . except for lands benefited because of the low terrain. (d) PROPOSED TRANSFER OF STO� LOFUO LLICENS�ETATC 916 EXCELSIOR LAT ING TO ON AND OFF ., AL � BOULEVARD, AS DES CRIBED IN NOTICE OF HzARING PUBLISHED AUGUST 2p AND aUGUST 27, 1964. Mayor ���Iolfe opened th� hearing on this matter. J hn Engberg Attorney for Hals�th Corporation, Present were o � and Perry Halseth in favor of request. Mayor GJolfe declared the hearing closed. It c�vas moved by Councilman Reynolds, seconded by Councilman Heltzer, to approve change of ownership o� shares of stock � in change of voting control reported pursuant to r�sulting �-� Louis ParZ< Ordinanc� Code . Section 2:1307, of the �'ea vvte. Motion passed by a seven y 6• PETiTIONS RE UESTS t�ND COM�NICEITIONS None, 191 Council Minutes - September 1��, 19G4 7. � R��OLUTION� AND ORDINI�NCES (a) SECOND IZEADING OF PROPO�ED ORDINANCE 1:EGUL�TING SALES OF INTOXIC,�TING LIQUOR �1ND BEER TO MINORS . ORDINANCE N0. 920 It was mov�d by Councilman R�ynolds, s�conded by Councilman Ehr�nb�rg, to waive second x^eading and adopt Ordinance No. 920, entitled, "An Oi^dinance Regulatin� Sales of Intoxicating Liquor and B��r to Minors". Motion passed by a six yea vote. Councilman Thiel no�� pres�nt . REPORTS OF OFFICERS, BOARD� AND COMMITTLE� (a) REP�RT OF PLANNING CON�IISS ION (CAS E NO . 6��- 31-SP) RECOMMENDING FAVOR�BLY 4�lITH CONDITIONS UPON THE REQUEST OF STEPHENS BUICK COMPANY FOR �PECIAL PERMIT UNDER PP.OVISIONS OF �ECTION 6:142.3 OF THE ZONING ORDINANCE TO CONSTRUCT, OPEP.�ITE AND MAINTAIN AN OUTDOOR SALES AREA SOUTH OF 2370 HIGHt�°JAY N0. 100. Attorney John Yngve and tain Stephens Jr, w�re present in favor of request. , RE�OLUTION N0. 2663 It was mov�d by Councilman Reynolds, seconcleci by Councilman Heltzer, to waive i^eading and adopt Resolution No. 2663, entitled, 1TResolution Granting Permit Under ��etion 6:142.3 of the St . Louis Pai^lc Zoning Ordinance for Outdoor Sales 11reaT1. Motion passed by a vote of four yeas and one nay. Councilman Ehr�nberg voting nay. Councilman Pearson abstained from voting. Councilman Thiel not present. (b) REPORT �F PLANNING C01�'Il�IISS ION CONCERNING NORTH LOT OF STEPHENS BU I CK COMPANY �T 2 3 7 0 H IGI-i��JAY NO . 7. Attorney John Yngve and Win �tephens Jr, were present in favor of reques-t . It was moved by Councilman Howard, second�d by Councilman Heltz�r, that the above matter be referred to the Mana�er Staff for proper action. Motion passed by a vote of five yeas. Councilman Pearson out of room. Councilman Thiel not present . 192 r Council Minutes - Sept�mb�l^ 14, 1964 �. (c) REP4RT OF PLANNING COMNIISS ION (CASE NO . G�--35 -Z) R�COI�Il�NDING FI�VORABLY UPON THE R�; )U�ST OF EDGnR 1� , AND DOROTHY F, CHARLES �1.ND NOM�1H, IrdC , TO P.EZONE LOTS 3�1ND �-, B�t00I�S IDE SUBDIVIS ION ��;�2 (6015 AND G021 �lCCCL�IOR BOULEVP.PD) FROM R-I3 DISTRICT TO II-1 DISTRICT , It v�as moved by Councilman Heltzer, seconded by Councilman Peynold�, to s�� dat� for public hearin� on October 5, 1964. Motion passed by a six yea vot�. Councilman Thiel not present. (d) REPORT OF PLANNING COMMIS�ION (CA�E N0. 64-40-VAC.) RECOMNIEND- ING F�-�VORI�BLY UPON THE P�TITION OF JAMES R, FITZGERALD [-1ND OTHER� FOR V1�C�iTION OF MOP,TON STIZEET IN BEEB�S OUTLOTS (APPP,OXIMI�TELY 1�TH STREET 11ND TEXAS AVENUE) . S ee it�m 5(a) for public hearin ;. (�) REP�RT OF PLANNING COMMISSION (C�1SE N0. 64-��1-Z) RECOMMENDING FAVOR�IBLY UPON TH� REQUEST OF HOBEN MOTELS, INC, TO REZONE 7525 WAYZATP, BOULEVARD (f.JEST6V00D MOTEL E?:PANSION) FROM R-B AND R-4 DISTRICT TO B-2 DISTRICT . �� It was moved by Councilman Pearson, seconded by Councilman Hovaard, to set date for public hearing on October 5, 1964. Motion passed by a s�ven yea vote. REPORT OF PLANr1ING COMMISSION (CASE N0. 64-43-VAC.) RECOMM- ENDING FAVOR[�BLY UPON THE PETITION OF ROBERT M. BELL AND OTHERS TO VAC��TE �TP.�ET EA�EMENT NORTH OF 2�TH STREET BET6�JEEN JOPPA AVENUE AND 1<IPLING AVENUE . See Item 9 (d) . (g) p�EpORT OF PLANNING CO�ITIONS UPONETHE � REQUESTSOF MIt,L�TY ING FAVORAI3LY t'JITh pLY[�IOOD COMPANY FOP. SeECIAL PE'2MIT UNDER P�:OVISIONS OF ;ECTION H:142.6, SUBD. 25 OF THE ZONING ORDINANCE TO CONSTRUCTION ADDITION TO �J1�P•EHOUS� AT 7301 4`�ALI�ER STREET. Ben Mayeron, Representing Mill City Plywood Company, was present at the meetiSOLUTION N0, 2664 RE It was moved by Councilman Pearson, seconded by Councilman Howard, � and adopt Resolution No. 266��, entitled,'nesolu- to waive readin� tion Grantind Permit Und�r S`etion 6:142,6, �ubdivision 25 af the �t . Louis Parlc Zonin; Ordinancz for Addition to iJarehouseT: Motion passed by a seven yea vot�. 193 Council Minutes - Septemb�r 14, 196�1- n �. 9, (h) REPORT OF �?LANNYNG COi"INIISSION (CASE N0. 64-36-MISC.) RECOMMENDING F�VOP.I�BLY TO CHI�NGE IN ZONING ORDINANCE ��LATING TO CERT�-��N TY�'ES OF P�ETAIL SHOPS IN P.-�� ��ND R-B DISTP.ICTS, INI�I�TED BY PLANNiNG COMMISSION (�ECTIONS 6: 0 9 2. 9 I�ND G:10 2. 4� . It t�as moved by Councilman Pearson, second�d by Councilman Hel�zei^, to waive fii^st��ading o� propos�d ordinance and to s`t date fo�� seconc? r�acling on September 2�, 196�-F. Motion passed by a si;: yea vo-[.e . Councilman Thi�l not present . (i) MINUTES OF PLANNING CONiMIS � ION MEET �NG HELD S�PTEMB�.R 2, 1964. On hearing no objections the Mayor ordered �h� minutes received for filin�. U�IFINISHED BUSIN�SS (a) COMMUNICATION FROM GENERAL REALTY CON�'ANY REGARDING PROPERTY IN 2900 BLOCI� ON SUMTER AVENUE (DEFERP.ED FROM FEBRUARY 10, 1964) . ib) (c) A motion was made by Councilman Ehrenberg, s�conded by Council- man Reynolds, to defer action on the above matter to October 5, 1964. Mo��ion pass�d by a six y�a vote. Councilman Thiel not present. AiaARD OF CONTRACT FCR LIFT STt�TION AND FORCEMAIN IMPROVEMENT N0. 64-50. RESOLUTION N0. 2665 It was moved by Councilman Pearson, s�conded by Councilman Howard, to ���aive reading and adopt Resolution No. 2665, en - �itled, T1Resolution Accepting Bid for Lift Station and Force- main Improvement No. 64-SO". Motion passecl by a six y�a vote. Councilman Thiel not present. AGJ�RD OF CONTRACT FOR S T ORI`� S E;�JER IMP ROVEMEI�'T NO , 6 2- 6 �. P.ESOLUTION N0. 2666 It was moved by Councilman Howard, seeonded by Councilman Reynolds, to cvaiv� reading and adopt Resolution No. 2666, entitled, `TResolution �ccepting Bid for Storm Sewer Im- provement No. 62-63't. Motion passed by a six yea vot�. Councilman Thiel not present. 194 Council Minut�s - Sept�mber 14, 1964 9, 10, C d) 1' LT iT ION FOR VACAT ION OF STREET EAS EMENT NORTH OF 2 8TH STR�ET BETT��EEN JOPP�. AVENUE �1ND I<IPLING AVENUE BY ROBERT M. BELLAND OTHERS (DEFERRED FROM AUGUST 31, 1964), SEE ITEM 3(� FOR PL�NNING COMMISSION REPORT). RESOLUTION N0. 2667 It was moved by Councilman Pearson, seconded by Councilman Heltzer, -to waiv� r�ading and adopt Resolu-tion No. 2667, entitled, 'T��solution For H�aring on Petition to Vacate S-treet Eas�menfi". Motion passed by a six y�a vote. Councilman Thiel not pres�nt. (Hearing September 28, 1964) (`) RECOMMENDATION �F PLANNING COMMISSION (CASE N0. 64�24-MISC.) CONCEP�1ING P.EVISION IN t'P.'f DISTRICT OF ZONING OR.DINANCE (DEFERRED FROM AUGUST 31, 1964). Harold Posnie�c was present, repres�nting the Chamber oF Commerce. It was moved by Councilman Reynolds, seoonded by Couneilman Ehrenberg, tha� action on the above matter b� deferred to September 21, 1964. Motion passed by a six yea vote. Councilman Thi�l not present. � (f} PROPOSED AGREEMENT BET[�IEEN THE VILLAGE OF MINN�TOIVI<A AND THE CITY OF ST. LOUIS PARK RELATING TO THE JOINT USE AND MAIN- TENANCE OF SANIT.�RY SEI�ER FACILITIES . A motion G�as made by Councilman Reynolds, seconded by Councilman Ehrenberg, to approve and to authoFize the Mayor and City Manag�r to execute on behalf of the City. Motion passed by a s ix yea vote. Councilman Thiel not present. It was moved by Councilman P�arson, seconded by Counei.lman Ehren�erg, that the �unds received from Minnetonl<a Village for sewer, not need�d to pay Minneapolis for use of sewer, b� allocated to North Side sewer fund. Motion passed by a six yea vote. Councilman Thiel nat present. NE[J BUSINESS (a) AGREEMENT B£TT''1E�N �� �TT T� ���`'TO�CROS�RAI�OAD RIGHT RAILE-JAY COMPANY TO PE OF-�aAY (VICTORIA LAICE STORM SEF�ER) . It was moved by Councilman Pearson, seconded by Councilman Reynolds, �o approve and �o authorize the Mayor and City Manager to execute on behalf of �he City. Motion passed by a si.x yea vot�. Councilman Thiel not present. 195 Council Minutes - �eptembel^ 14, 1964 11. 3,2 . MISCELLANEOUS (a) �b) PROPOSED 1965 BUDGET , A mo�ion was mad� by Councilman Ehrenberg, s�conded by Couneilman Heltzer, to defer action on Propos�d 1965 Bud�e� until Septemver 15, 1964 at ��:30 p.m. Motion passed by a six yea vo-te. Councilman Thiel not pres�nt. SCHEDt�LE OF 'CITY COUNCIL I��ETINGS It was moved by Couneilman R�ynolds, second�d �y Councilman Hovaard, that City Council me�tings be scheduled for the following da-t�s on a tentative basis: �etober S October 26 November 9 Novemb�r 23 December 14 December 2� Motion passed by a six yea vote. Councilman Thiel not present. CL�IMS, APPROPRIATION� AND CONTRACT PAYMENTS . �. (a) �) VERIFIED CLAIMS. On motion of Councilman P.eynolds, seconded by Councilman Howetrd, the lists of verified claims prepared by the Director of Finance and presented �to the Conncil, in the tota� amoun�s of $4,266.2� for payroll, and $57,013,1� for vendors were approved, and the City Manager, City Clerk and City Treasurer were authorized �o issue checks covering same, by a roll call vote of six yeas. Councilman Thiel not present. CONTRACT PAYN�NTS l. Partial Paymen� No, �. Ttvo million gallon reservoir, Improvement No, 63-33C. Contractor, Ma�ney Construcfiion Co , t�rnount, $4, 292 .15 2. Partial Payr�ent No. 2. City-wide siclewallc repair, Improvement No. 63-2, Contractor, Hiawatha C�ment Co. Amount, $7,635,04. 4n motion of Councilman Reynolds, seconded by Heltzer, the above payments on contract worlc the City Engineer were approvec], and the City City Clerk and City Treasurer were authorized checics for their re�pective amounts by a six Councilman Thiel not pres�nt. 196 Councilman pres�nted by Manager, to issue yea vote . �. Couriei.l Minutes - Sept`mber 1�E, 1964� 12 . (b) cont' cl. 3• Final Paym�nt. Construction of Well No. 13. Contraetor, Layne-Minne�ota Company. [�mount, $7,22L�.�0. RESOLUTION N0. 2G6� It c���as moved by Councilman Heltzer, seconded by Councilman Howa-rd, to waiv` r�adin� and adop� Resolution No. 2663, entitled, TtResolution l�ccepting t�]ork on IJell No . 13 Improvement No . 63-33Att , Motion �assed by a six yea vote, Councilman Thiel not present. 4. Final Payment. Curb and gutter anc�`iot mix paying, Improvem�n-L No. 63-2G ancl Parkino Lot Improvement No. 6�-11. Contractor, Bury & Carlson, Inc. Amount, $10�475.7v RESOLUTION N0. 2669 It was moved by Councilman Heltzer, second�d by Councilman Howard, to waive reading and adopt Resolution No. 2669, entitled, "Resolution Accepting Work on Curb and Gutter and Hot Mix Paving and Parking Lot, Improvemen-t Nos. 63-26 and 63-11". Motion passed by a six yea vote. Councilman Thiel not present. 13. ADJOURNMENT �n motion of Councilman Reynolds, seconded by Councilman Heltzer, the meeting was adjourned at 12 p.m, to 4:30 p,m. September 15, 1964, by a six yea vote. Councilman Thiel not present. ATTEST : Secretary 197