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HomeMy WebLinkAbout1966/08/15 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY CpUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 15, 1966 1� CALL TO ORDER A regular me eting of the City Co��� �,�,as called to order by IViayor Kenneth Wolfe at g; 03 p, m. 2, INVOCATION Invocation was given by Co��i�m� Frank Howard. 3. ROLL CALL The following Councilmen were present at roll: James Heltzer Frank Howard Richard Koch Curtis Pearson Robert Reynolds Kenneth Wolfe ��al-sQ vresent were the City Manager, �ity Attorney, Director of Public Works, Supvervisor of Zoning and Inspection, and Secretary. 4. MINUTES an motion of Councilman Koch, seconded by Councilman Howard, the minutes of the regular rneeting held August 1, 1966 and joint Council- Library Committee meeting held August 9, 1966 were approved by a six yea vote. 5• PUBLIC HEA.RING �aj APPLICATION FOR LICENSE TO SELL NON-INTOXICATING LIQ UOR ON SALE AT SHAKE Y' S PIZ ZA PAR LOR �HIGHW AY NO. 12 BETVu�EN DAKOTA AVENUE AND HAMPSHIRE AVENUEj AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 21, 1966. Paul Hauge, 2340 Rand Tower, attorney, and Richard Lupu, local Pizza managzr, were present to describ •. the operation. By unani- mous vote of the Council the matter was tabled while the attorneys consulted the plans presented. Later in the meeting the hearing was resurried and the �i1/Iayor declared the hearing closed. 161 Council Minutes - A.ugust 15, 1966 5. �a) A motion was made by Councilman Reynolds, seconded by Councilman Howard to approve issuance of the license, limited to adult area only, according to plans presented and marked Exhibit "A", with access to parking lot Iimited to Highway No. 12 Service Road. No sale of beer shall be made under this license until the building is substantially completed in accordance with said Exhibit "A". Motion passed by a vote of five yeas, and one nay, Councilman Howard voting nay. 6. PE TITIONS, REQUESTS AND COMMUNICATIONS (a) APPLICATION FOR LICENSE T4 HOLD A. PUBLIC DANCE SEPTEMBER 1, 1966 AT TENNIS COURTS SOUTH OF MUI�TICIPAL BUILDING BY THE ST. LOUIS PARK PARKETTES. A motion was made by Councilman Pearson, seconded by Councilman Reynolds, to approve issuance of license. Motion passed by a six yea vote. ?. RESC�LUTI4NS AND ORDINANCES (aj RESOLUTION AUT�-IORIZING MEMBERSHIP IN THE METROPOLITAN SECTION OF THE LEAGUE OF MINNESQTA MUNICIPALITIES. RESOLUTION NO. 3109 It was moved by Councilman Heltzer, seconded by Councilman Pearson, to waive reading and adopt R,esolution No. 3109 entitled "Resolution Authorizing Membership in the Metropolitan Section � of the League of Iviinnesota Municipalities. " Motion passed by a six yea vote. (b) RESOLUTION I?ECLARING COST TO BE ASSESSED AND QRDER- ING PREPARATION OF PROPOSED ASSESSMENT. �ESOLUTION N�O. 3110 A motion was made by Councilman Pearson, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3110 entitled "Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment. " Motion passed by a six yea vote. (c j RESOLUTION FOR HEARING O1�J pR ppOSE D SPECIA.L ASSESS- MENT IMPROVEMENT 1vpS, 64-59, 65-32, 65-19, b4-01, 65-38, 65-37, 64-23, 65-66, 65-?7� 66-41, 63-30, 64-41, 65-05 65-13, 65-36� 63-19, 65-43, 63-1gA., 65_43A ' 65-41, 65-60, 65-63, 65-?0, 65-?3 66 64�31' 64-53, 64-58, 65-11, � 03, 62-7?, b5-21, 65-40. 162 Council Minutes - August 15, 1966 7, (c) RESOLUTION NO. 3111 It was moved by Councilman Pearson, seconded by Councilman Reynolds, to waive reading and adopt }�,esolution No. 3I11 entitied "Resolution for Hearing on Proposed Special Assessment Improve- ment Nos. 64-59, b5-32, 65-19, 64-01; 55-38, b5-37, 64-23, 65-66, 65-77, 66-41, 65-21, 63-30, b4-41, 65-05, 65-13, 65-36, 63-19, 65-43, 63-19A., 65-43A, 64-31, 64-53, 64-58, b5-lI, 65-41, 65-60, 65-63, 65-?0, 65-73, 66-03, 62-77, 65-40. " Motion passed by a six yea vote. Hearing will be held S�ptember 6, 1966. (d) RESOLUTION PROVIDING FOR THE ENPLOYMENT OF GEORGE M. HANSEN COMPANY TO AUDIT THE ACCOUNTS AND RECORDS OF THE CITY FOR THE 1966 FISCAL YEAR. �ES QLUTION N�. 3112 It was moved by Councilman Heltzer, seconded by Councilman Howaxd, to waive reading and adopt Resolution No. 3112 entitled "Resolution Providing for the Employment of George M. �-iansen Company to Audit the Accounts and Records of the City for the 1966 Fiscal Year. " Motion passed by a six yea vote. (e) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDG�.S FOR PRIMARY ELECTION SEPTEMBER 13, 1966. RES OLUTION NO, 3113 A motion was mad� by Councilman �e�nol �s, seconded by Council- man Heltzer, to waive reading and ac:opt 2esolution No. 3113 entitled "Resolution Setting Polling Places anc� Naming Election Judges for Primary �,lection September 13, 19u6. " Motion passed by a six yea vote. (f ) FIRS T READIN� OF PR OPOSE D ORDINANCE AME NDING SECTION 2:130? OF THE ST. LOUIS PARK ORDINANCE CODE ENTITLEI3 "CONDITIONS OF LICENSE" BY ADDING SUBDI- VISION "N" THERETO RELATIVE TO V�TALLS AND ENTRANCES OF PREMISES LICENSED FOR ON SALE LIQUOR (DEFERRED FROM AUGUST 1, 1966). A motion was made by Gouncilman �-leltzer, seconded by Council- man Howard, to defer to September 6, 1966. Motion passed by a six yea vote. 163 Covncil Minutes - August 15, 1966 �, (c) RESOLUTION NO. 3111 It was moved by Councilman Pearson, seconded by Councilman Reynolds, to waive reading and adopt J:Z� solution No. 3111 entitled "Resolution for Hearing on Proposed Special Assessment Improve- ment Nos, 64-59, 65-32, 65-19, 64-01; 65-38, 65-37, 64-23, 65-66, 65-??, 66-�#1, 65-21, 63-30, 64--41, 65-05, 65-13, b5-36, 63-19, 65-43, 63-19A., 65-43A, 64-31, 64-53, 64-58, 65-11, 65-41, 65-b0, 65-63, 65-?0, 65-73, b6-03, 62-77, 65-40. " Motion passed by a six yea vote. Hearing will be held September 6, 1966. (d) RESOLUTION PROVIDING FOR THE ENPLOYMENT OF GEORGE M. HANSEN COMPANY TO AUDIT THE ACCOUNTS AND RECORDS OF THE CITY FOR THE 1966 FISCAL YEAR. �ES OLUTION NO, 3112 It was rrioved by Councilman Heltzer, seconded by Councilman Howard, to waive reading and adopt l��solution No. 3112 entitled "Resolution Providing for the Employment of George M. Hansen Company to Audit the Accounts and Records of the City for the 1966 Fiscal Year. " Motion passed by a six yea vote. �� (e) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGL,S FOR PRIMARY ELECTION SEPTE�YIBER � 13, 1966. RES OLUTION NO. 3113 A motion was mad� by Councilman �ey�nol �s, seconded by Council- man Heltzer, to waive reading and aciopt �esolution No, 3113 entitled "Resolution Setting Polling Places ane� Naming Election Judges for Primary �lection September 13, 19u6, " Motion passed by a six yea vote. (f ) FIRS T READING OF PR OPOSE D ORDINANCE AME NDING SECTION 2:130? OF THE ST. LOULS PARK ORDINANCE CODE ENTITLED "CONDITIONS OF LICENSE" BY ADDING SUBDI- VISION "N" THERETO RELA.TIVE TO WALLS AND ENTRANCES OF PREMISES LICENSED FOR ON SALE LIQUOR (DEFERRED FROM AUGUST 1, 1966). A motion was made by Councilman Heltzer, seconded by Council- man Howard, to defer to September 6, 1966. Motion passed by a six yea vote. 163 Council Minutes - Augusi 15, 1966� ?. (g ) SE C OND READING OF PROPOSE I? ORDINANCE PR OHIBI TING THE OPERATION OF MOTORIZED i�'ATER VEHICLES UPON ANY SODY OF V4i�ATER WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. LOUIS PARK. ORDINANCE NO. 978 A motion was made by Councilman Reynolds, seconded by Council- man Heltzer, to waive second reading of �rdinance No. 978 entitled "A.n Ordinance Pronibiting the Qperation of Motorized Water Vehicles Upon Any Body of Water �Tithin the Corporate Limits of the City of St. Louis Park;' as amended by limiting motor vehicles not to exceed three and one -half hor s epowe r, The que s tion was divided at the request of Councilman Heltzer. The vote on the amendment was taken and motion to amend was lost by a Y•oll call vote of four nays and two yeas, Councilmen Pearson and Reynolds voting yea. The vote on the motion to waive reading and adopt th� ordinance passed by a vote of six yeas. (h) SECOND READINC OF PROPOSED OI-t.DINANCE AUTHORIZING SALE BY THE CI'�'Y OF PROPERTY LOCATED AT NEVADA AVENUE SOUTH OF CEDAR LA.KE ROAD TO BRUCE CON- STRUCTION CO�I�ANY� ORDINANCE NO. 979 It was moved by Councilman Pearson, seconded by Councilman Koch, to waive second reading and adopt Ordinance No. 979 entitled "An Ordinance Authorizing Sal� by the City of Property Located at Nevada Avenue south of Cedar Lake Road to BrucE Cons truction Company;' Motion pas s ed by a six yea vote. (i) SECOND READING QF PROPOSEI3 ORDINANCE VACATING PUBLIC UTILITY EASENiENT (EAST SIDE OF ALABAjVjA, AVENUE NORTH OF i�tiEST 27TH STREr,T REQUESTED BY ARVID E. CA.RLSON & SON, INC. - CASE NO. 66-26-VAC. ). ORDINANCE NO. 980 A motion was made by Councilman Pearson, seconded by Council- man Howard, to waive second reading and adopt Ordinance No. 980 entitled "An Ordinance Vacating Public Utility Easement. " Motion pas sed by a six yea vote. 8. REPORTS OF OFFICEt`tS, BOARDS AND COMIV�IT'TEES (a) REPORT OF LA.ND A.CQUISITION, 164 �ouncil Minutes - August 15, 196b : (a) I. Deed for street purposes for NV1Tly 2 feet of Lot 6 and N? of Lot 7, Block 3, Hanke' s Minikahda Te rrace lying SEly of Excelsior Boulevard as widened, and temporary construction easement for NVdly 35 feet of Lot 6 and Ni of Lot ?, Block 3, Hanke's Minikahda Terrace lying S1�.ly of Excelsior Boulevard as widened, daied July 29, 1966 from �lvin O. and Ernestine Shinn. Itt was moved b�y Gouncilman Heltzer, seconded by Councilman Koch, to accept deed and authorize City Clerk to file same for record. Z. Two deeds for storm sewer easement dated August 12, 1966, one from Charles Alexander Properties and the other from Arvid E. Carlson & Son, Inc. , over and across the Ely 20 feet of Lots 1 and 2, Block 1, and the Ely 20 feet of Lot 1, except the N 300 feet as measured south along the east line from the northeast corner thereof and drawn at right angles thereof, Block 2, all in Parkaire Addition. It was moved by Councilman Pearson, seconded by Councilman Reynolds, to accept deeds and authorize City Clerk to file same for record. �,-�_ �'i L Y /.��, 7 � � '/ / � � �' � (b) REPORT O�' B�AtZD OF ZONING APPEALS (CASE NO. 66-31-VAC. ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF ROBERT REZNICK FOR VARIANCE FROUI P�OVISIONS OF SECTION 6:064.4 AND 6:064. 5 OF THE ZONINC• OtZDINANCE TO PERMIT A SIDE- YARD VARIANCE FROM TH� REQUIt�ED 38 FEET TO Z6. 16 FEET AND A REAR YARD VARIANCE FROM THE REQUI�ZED 35 FEET TO NINE FEET AT 4331 WEST 25TH STREET. Robert Reznick, applicant, was present to explain the drainage problem. The Supervisor of Zoning and Inspection described the setback with relation to the neighboring residence. A motion was made by Councilman Pearson, seconded by Councilman Heltzer, to set date for public hearing September 6, 1966. Motion passed by a six yea vote. (�) REPORT �F CITY A.TTORNEY CONCERI�TING DEDICATION OF LOTS 40 AND 41, BLOCK 291, REARRANG�EMENT OF ST. LOUIS PARK FOR STREET PURPOSES. A motion was made by Councilman Pearson, seconded by Council- man Heltzer, to waive first reading of proposed ordinance and set date for second reading September 6, 1966. Motion passed by a eix yea vote. 165 - ----_�. � Council Minutes - August 15, 1966 8. (d) REPORT OF PLANNING COMMISSION (CASE NO. 66-32-Z) RECOMitl�ENDING UNFAVORA.BLY UPON T�-�E RE�UEST OF THE CLINTQN CORP. , DONALD HAGEN AND HERBERT MASON TO REZQNE 3905 TO 3921 EXCELSIOR BOULEVARI? FROM R-B DISTRICT TO B- I DISTRICT. At the request of the applicant, H�rbert T�avis, attorney, requested the matter bc deferred. A. motion was madc by Councilman �'earson, seconded by Councilman Howard, to defer to September 19, 19b6. Motion Passed by a six yea vote. (e) REPORT OI� PLANNING COMMISSION (GASE NO. 66-33-MISC, ) RECOMMENDINC� FAVORABLY UPON THE INiTIATION OF PLA.N- NING COMMISSION T O RE Z O1vE LOTS 40 THR �UGH 66, B LOCK 47 , REARRA.NGE ME NT OF S T. LOUIS PARK AND LOTS 14 AND 15, BLOCK 47, ST. LOUIS PARK CENTRE FROM B-2 DISTRICT TO I-1 DISTRICT (NORTH SIDE OF OXFORD STREET WEST OF WOODDALE AVENUE). It was moved by Gouncilman Pearson, seconded by CoLncilman Koch, to set date for public hearing September 6, 1966. Motion passed by a six yea vote. (f ) MINUTES OF PLANNING COMMISSI ON MEE TING HE LD AUC US T 3, 1966. Upon hearing no objection Mayor Wolf� ordered the minut�s received for filing. �g) REPORT OF CITY MA.NAGE� {IvI. & C. NQ. 66-31) CONCERN- ING PURCI-�A.SE OF RIGHT OF VITA Y FOR FUTURE LOUISIANA AVENUE. A motion was mac�e by Councilman Howard, seconded by Council- man Heltzer, to authoriz� the City Manager to purchase the property de s c ribed in M. & C. No. 66- 31 in th� amount of $10, 000. Motion passed by a six yea vote. . (h) MINUTES OF BOARD OF ZQNING A.PPEA.LS MEETING HELD JULY 28, 1966. Upon hearing no objection Mayor Wolfe ordered the minutes received for filing. (i) PRELIMINA.RY REPORT WITH REGARD TO STOR� SEWER IMPROVEMENT NO, 66-81 (W�EST�rOOD HILi�,S STORM BASIN)• It was moved by Councilman Pearson, seconded by Councilman Reynolds, to table the report. Motion pas sed by a six yea vote. 166 �� Council Minutes - August 15, 1966 g. (j) PRELIMINARY I�Epp�TS pF THE DI�ECTOR OF PUBLIC W ORKS AND ASSESS OR W I'TH R�; GA.RD Tp THE FOLLOVI�ING IMPROVEMENTS: 1. 65-45A., storm sewer for Cobblecrest Outlet and related facilit�es. 2. 65-45B, storm sewer for Victoria Lak� Outlet and related facilities, 3. 65-45C, stornz sewer for Westling Lowland Outlet, 4. 65-45D, storm sewer for Hannan Lake and area north of Great Northern Railroad Tracks. RES OLUTI4N NO. 3114 It was moved by Councilman Pearson, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3114 entitled "Resolution Receiving Keports and Calling Hearing on Improvement Nos. 65-45A and 65-45C. " Motion passed by a six yea vote. RESOLUTION N�O. 3115 It was moved by Councilman Pearson, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3115 entitled "Resolution Receiving Report and Calling Y.earing on Improvement 65-458. " Motion pas sed by a six yea vote. Hearings will be held October 3, 1966. A motion was mad� by Councilman Pearson, seconded by Council- man Heltzer, that Improvement No. 65-45D be deferred buL acqui- sition of right of way be continued. Motion passed by a six yea vote. (k) REPORT OF CIT Y MANAGER (iVi. & C. NO. 66-32) CONCERN- ING ACQUISITION AN� EXCHANGE OF PROPERT Y WITH HENNEPIN C OUNT Y. A motion was made by Councilman Pearson, seconded by Council- man Reynolds, to authorize the Mayor and City Manager to execute a Quit Claim I�eed on behalf of the City to �iennepin County for property on the north side of Minnehaha Creek at Jordan Avenue (west City Limits ) for a portion of the SW 1/4 of NW 1/4 of Section 18, Township 117, Range 21, lying north and west of Minnehaha Creek and south of the old right of way of the Great Northe rn Railway. Motion pas s ed by a six ye a vote . 16? Council Minutes - August 15, 1966 8. (1) 1�EPORT OF EM�LOYEE APPOINTMENT {PQLIGE DEPARTMENT). It was moved by Councilman �eynolds, seconded by Councilman Heltzer, to consent and approve the appointment of Patricia O' Neill, Probationary Clerk I, Range GC 5, Step B, effective August 15, 1966. Motion pas sed by a six �ea vote. (m) MINUTES OF I'A�KS A.ND RECREA.TION ADVISORY COM- MISSI0�1 MEETING HE:LD. �UGUST 10, 1966. Upon hearing no objection Mayor Wolfe ordered the minutes received for filing. (n) REPORT OF PLANNING COMMISSION (CASE NO. 66-35-SP� RECOMIvI�NDING FA.VORABLY UPON THE REQUEST OF BRUCE CONS TRUCTION COMPANY FOR SPECIAL PERMIT UNDER PRO- VISIONS OF SE C TI�N 6:17 6. 4 OF THE Z ONING OR DINANCE T O PERMIT A 22 UNIT APAIr�TMENT BUILDING IN R-4 DISTRICT. Herbert Davis, attorney, represented the applicant. A motion was made by Councilman Pearson, seconded by Councilman Reynolds, stating that ii is the intention of the City Council of St. Louis Park to issue a special permit to Bruce Construction Company for construc- tion of an apartment building upon completion of conveyance of the property from the City to the applicant. Notion passed by a six yea vote. 9. UNFINISHED BUSINESS (a) REPORT �F CITY ATTORNEY REGARDING CIT Y CLAIIv� VS. WILEY �ELL COMPANY (DEFERRED �'R�M AUGUST 1, 1966). It was moved� by Councilman �eynolds, seconded by Councilman Howard, to defer the matter to September 6, 1966. Motion passed by a vote of six yeas. (b) PROPOSED 196? BUDGET. The Council wi11 meet for budget discussion at 4:00 p. m. September 1, 1966. (c) DRAINAGE AT NOTOR TRAVEL SERVICES, INC. , 3000 FRANGE AVENUE (DEFERRED FROM JULY 18, 1966). It was moved by Councilman Pearson, seconded by Councilman Reynolds, to defer the matter to September 19, 1966. Motion passed by a six y�a vote. Gouncil Minutes - August 15, 1966 lp, NEW B USINESS (a) PKOPOS� D AG�EEMENT yyITH HENNEPIN COUNTY HIGHWAY DEPARTIviENT C4NCE�ZNING MAINTENANCE OF FRONTAGE ROAD AT COUNTY ROAD NO. 18 AND MINNETONKA BOULEVA.tZD. It was moved by Councilman Howard, seconded by Councilman Koch, to approv� the agreement and authorize the Mayor and City Manager to execute on behalf of the City. Motion passed by a six yea vote. (b) COMMUNICATION FROIvf BALTII1fOtZE HEALTY COMPANY OFFERING TO CONVEY TO THE CITY PARCEL 1 IN CON- DEMNATION PROCEEDINGS FO� STREET PURPOSES (39TN STREET RIGHT OF WAY). A motion was made by Counciiman Pearson, seconded by Council- man Howard, to accept offer of settlement and authorize execution of prope r instruments by City officials to effectuate this agreement and settlement in iche amount of $30, 000. Motion passed by a six yea vote. (c) COUNCIL MEETING A.UGUST Z2, 1966. It was moved by Councilman Howard, s�conded by CounciJ.man Reynolds, that no Council meeting b� hel,cl A.ugust 22, 1966. Motion passed by a six yea vote. 11. �IISCELLANEOUS (a) Damage claim - Hi. Ray Traub, 2901 Blackstone Avenue. It was moved by Councilman Howard, sc.conded by Councilman Reynolds, to file claim with the City Glerk for proper action by the City Manager and City A.ttorney. Motion passed by a six yea vote. 12. CLAIMS, AF'�'ROPRIATIONS AND CONTRA.CT PA ��MENTS (aj VERIFIED CLAIII�IS. pn motion of -Councilman Reynolds, seconded by Councilman Howard, the lists of ve rified claims prepared by the Director of Finance and presented to the Council dated A.ugust 15, 1966 in the total amounts of $9, Z99. 92 for payroll and $103, 921. 04 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a six yea vote. 169 Council Minutes - August 15, 1966 12. (b) CONTRACT PAY1/iF•NTS, 1, Partial paymcnt No, 1 for hot mix asphalt paving and portland cement concrete curb and gutter, Improvement No. 65-34. Contractor, Bury & Carlson, Inc. Amount, $17, 148. 58. On motion of Councilman Reynolds, seconded by Councilman Koch, th� above payment on contract work presented by the Ciiy Engineer was approved, and the City 1Vianager, City Clerk and City Treasurer w�re authorized to issue a check, b�t a six yea vote. I3. ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Koch, the meeting was adjourned at 11:01 p, m. by a six yea vote. Atte st: , � � Betty C dwell, S�cretary 170