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HomeMy WebLinkAbout1968/04/15 - ADMIN - Minutes - City Council - Regular MINUT:t; S OF CITY COUNCIL MEL TING ST . LOUIS PARK , MINNESOTA April 15 , 1968 1 . CALL TO 0iZDE11 A regular meeting of the City Council was called to order by Mayor Leonard Thiel at 8 : 20 p . m . 2 . INVOCATION Invocation was given by Peter Cotton , Assistant to the City Manager . 3 . ROLL CALL The following Councilmen were present at roll call Murray Calinson Richard Graves James Meltzer Richard Koch Robert Reynolds Leonard Thiel Also present were the City Manager , Planning Director , Director of Public Works , City Attorney and secretary . On behalf of the Council Mayor Thiel presented to Andrew Bjornson a plaque of appreciation for eleven years of civic service to the com - munity . 4 . MINUTES On motion of Councilman Reynolds , seconded by Councilman Koch , the minutes of the regular meeting held April 1 , 1968 were approved by a six yea vote . 5 . PUBLIC HEARINGS ( a ) APPLICATION FOR LICENSE TO SELL INTOXICATING LIQUOR ON SALE AND SUNDAY SALE AT LINCOLN DEL VILEST , INC . , 5201 KrA yZATA BGULEVA -L- D , AS "' ZS " RIBED IN NOTICE OF HEARING PUBLISHED MARCH 21 ANS 28 , 1968 . Thomas D . Feinberg , 400 dain Tower , represented the applicant* Mayor Thiel declared the hearing closed . It was moved by Council ' man Reynolds , seconded by Councilman Graves , to approve issu - ance of licenses to sell intoxicating liquor on sale and Sunday sale 92 Council Minutes - April 15 , 1968 5 � ( a ) at Lincoln Del i''Test , Inc . , 5201 Wayzata. Boulevard . Motion passed by a six yea vote . ( b ) APPLICATION FOR ON SALE AND SUNDAY SALE LIQUOR LICENSES TRANSI ERRING VOTING CONTROL IN PARK TERRAC .: SUPP=- R CLUB , INC . LIQUO_Z AND RESTAURANT FACILITIES AT GZORGE ' S IN THE PARK , 4700 EXCELSIOR BOULEVARD , 'rC CrZORCE E . SCKAUMBERG , AS DESCRIBED IN NOTICE OF tFARING PUBLISHED MARCH 21 AND 28 , 19689 William Mcilost4e , 6121 Excelsior Boulevard , was present on behalf of the applicant . Mayor Thiel declare the hearing closed. It was moved by Councilman Reynolds , seconded by Councilman Koch , to approve issuance of licenses for on sale and Sunday sale intoxicating liquor at George ' s in the Park , 4700 Excelsior Boulevard . Motion passed by a six yea vote . (c ) APPLICATION 10R LICENSES TO SEdLL INTOXICATING LIQUOR ON SALE , OFF SALE AND SUNDAY SALE AT MCCARTHY ' S , 5601 WAYZATA BOUI2: VARD9 AS DESCRIBED IN NOTICE OF HEARING PUBLISHEOD MARCH 21 AND 289 1968 • Herbert Davis , 6100 Excelsior Boulevard , represented the appli - cant . Councilman Eeltzer asked if any attempt had been made to s determine if there were any difficulties with the welfare fund men - tioned in the refer .nce material of one of the applicants , that he would like this information . Mayor Thiel aeclared the hearing closed . It was moved by Councilman 1_eltzer , seconded by Councilman Koch, to postpone action action on this application for two weeks to allow staff to answer the question . After fur - ther discussion Councilman Fieltzer made a motion , seconded by Councilman Koch , to table the matter . Motion passed by a vote of five yeas , Councilman Graves abstaining . Later in the meeting a motion was made by Councilman Galinson , seconded by Councilman Reynolds, to take the matter from the table . Motion passed by a vote of five yeas , Councilman Graves abstaining . The City Manager stated he contacted informed sources concerning the welfare fund and the applicant , and had received a favorable response . It was moved by Councilman Reynolds , seconded by Councilman Koch , to approve issuance of on sale , off sale and Sunday sale of intoxicating liquor at McCarthy' s , • 5601 "Wayzata Boulevard , the off sale license being subject to approval of the State Liquor Control Commission . Motion passed by a five yea vote , Council - man Graves abstaining . 93 w� Council Minutes - April 15 , 1968 r 5 . ( d ) APPLICATION FOR LICENSES TO SZLL INTOXICATINGTHE LIQUOR ON SALE , OFF SALE AND SUNDAY SALE AT JA' ROYAL COU . T , 8412 - 14 HIGHWAY NO , ? , AS DESCRIBED IN NOTICE OF InITEARING PUBLISHED MARCH 21 AND 28 , 1968 . Mark Rodman , 400 Dain Tower , was present on behalf of the r applicant . He introduced the officers of the corporation , Maxirn Kunin , Paul D . Kunin and Gerald Toberman . Mayor Thiel declared the hearing closed . It was moved by Councilman Reynolds , seconded by Councilman Gr�ave'S , �t° �TdPPrOYe � rs ance of licenses to sell intoxicating liquor on sale , off sale and Sunday sale at The Royal Court , 8412 - 14 Highway No . 7 , a off sale subject to approval of State Liquor Control Commission. Motion passed by a six yea vote . ( e ) PROPOSLD R ,EZCNING AT SOUTHEAST CORNER OF EDGEWCOD AVENUE AND CEDAR LAKE ROAD FROM R - 2 TO I - l DISTRICT AS :REQUESTED BY PHILIP AND MURIE' L JENSEN , AND UPON RECOMMENDATION OF PLANNING COMMISSION TO REZONE ' FROM R - 2 TO I - 2 DISTRICT ( CASE NO . 68 - 6 - Z ) AS DESCRIBED IN NOTICE - OF Ft Z' RING PUB I . SHED MARCH 21 , 19689 Lester Drager , 6520 Eliot View Road , presented a petition f signed by residents of the area against the proposed rezoning . 4 ' t ; 1 The Planning Director explained the proposed rezoning . Harlan Strong , 600 Midland Bank Building , represented the applicant. John Casper , 6506 Cedar Lake Road , objected to the truck traffic . Mayor Thiel declared the hearing closed . A motion was made by Councilman Graves , seconded by Councilman Galinson , to deny the request to rezone . Motion passed by a six yea vote . (f ) IMPROVEMENT NO . 67 - 58 , STORM SEWER CONSTRUCTION IN AREA OF MINNETONKA BOULEVARD . , WEST 27TH STREET ; GREAT NORTHERN RAILWAY , ZARTHAN AVENUE AND LOUISIANA AVENUE , AS DESCRIBED IN NOTICE OF HEAR . ING PUBLISHED APRIL 4 AND 11 , 1968 . The Director of Public Works described the proposed project , The City Manager explained the assessment policy . Morris Rosenthal , 3028 Jersey Avenue , did not feel his property bene - fitted from the storm sewer , Mayor Thiel declared the hear - ing closed . RESOLUTION NO . 3497 � I t was moved b ;r Councilman Heltzer , seconded by Councilman 94 Council Minutes - April 15 , 1968 5 . ( f ) Graves , to waive reading and adopt resolution No , 34 " Resolution Ordering g Improvement mrnd 97 entitled Plans Improvement No 67 _ 58 , „ Ordering Preparation of iViotion passed by a six yea vote . 6 . pETITIONS , REQUESTS AND COIvaVUNICATIONS ( a ) NOTIFICATION OF INTENT TO H OLD A BINGO GAME BY THE PARK KNOLL - OAK ?MILL P . T , A , y.A y 4 , 1968 . Upon hearing no objection Mayor Thiel ordered the request received for filing . 7 , RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION DESIGNATING MIN HIMVELMAN APPRECIATION DA Y . RESOLUTION NO , 3498 It was moved by Councilman Reynolds , seconded by Councilman Koch , to waive reading and adopt Resolution No . 3498 entitled "Resolution Designating Min Himmelman Appreciation Day . " Motion passed by a six yea vote . ( b ) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE CHANGING BOUNDARIES OF ZON - ING DISTRICTS AT 4130 EXCELSIOs3 BOULEVARD ( CASE. NO . 67 - 43 - Z ) FROM RB DISTRICT TO B - 2 DISTRICT AS RECOM - MENDED BY PLANNING COMMISSICN , REQUESTED B )( MAX 1A.1 EINGAR DEN . ORDINANCE NO . 1028 A motion was made by Councilman Graves , seconded by Council - man Reynolds , to waive second reading and adopt Ordinance No . 1028 entitled " An Ordinance Amending the St . Louis Park Zoning Ordinance Changing Boundaries of Zoning Districts . " Motion passed by a six yea vote . I 8 . REPORTS OF OFFICE RS , BOARDS AND CMIv= ITTEES cf 68 - 8 - VAR ., ) a REPORT OF BOARD OF ZONING APPEALS ( CASE NO .OFHOME FEDERAL RECOMMENDING FAVORABLY UPON THE REQUEST SAVINGS AND LOAN OF MINNErAPOLIS R VAR0 5 LANCES FROM THE PROVISIONS OF SyG TI ONS 6 -0074 . 3 , LOT AND 6 : 043 . 1 OF TIE ZONING ORDINANCE TO ALLO WIDTH OF 33 . 43 SQUARE FEET INSTEAD OF THE REQUIRED ID 95 Council Minutes - April 15 , 1968 8 . ( a ) 60 SQUARE FEET , A 1-401.1 ' A i ( NA (_ ) v Ar , 3z5 SQUARE FEET INSTEAL' OF ThLy REQUIII l� ; I � ' / , /. Ut ) �5 � ! i1AlZE FELT , A SIDE YARD ON A C OR NE 11 OF 7 , 4 1 I + ' Ij , loil I ' INSTEAD OF THE RE — QUIRED 15 FEET , AN INT11110 ) I ( � )41131� MAD OF FOUR FEET INSTEAD OF THE REQ 1.1 I. A 1l ; I ) I�I1 hJ1?� !� j°; 'I , AND A. FLOOR AREA RATIO OF . 386 INST11.41A 1 ) 01-if , 4 MAXIMUM PERMITTED AT 2857 JERSE ' )C A VENU1! : , It was moved by Councilman Roymolr1g , seconded by Councilman Graves , to set date for public. hci . i rl, ng May 6 , 1968 . Motion passed by a six yea vote . (b ) MINUTES OF BOARD OF GONINCI APPEALS MEETING HELD MARCH 28 , 1968s Upon hearing no objection Mayor Thiel ordered the minutes received for filing , ( c ) REPORT OF PLANNING COMMISSION ( CASE NO , 68 - 10 - SP ) UPON THE REQUEST OF SAM SE GA L ANL CHARLES WAISS FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 092 . 1 OF TH.E ZONING ORDINANCE TO ALLOW A 57 UNIT APARTMENT BUILDING IN 3L00 BLOCK OF VIRGINIA r AVENUE IN R - 4 DISTRICT , WITh R ; CCN MENDATION OF PL•ANNINC COMMISSION F0111 56 UNITS , Sam Segal was present , RZSOLUTION NO , 3499 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3499 entitled Resolution Granting Permit Under Section 6 : 092 . 1 of the Ste Louis Park 2aoning Ordinance for aFifty - six Unit Apartment Building . Motion passed by a vote of five yeas and one nay , Mayor Thiel voting nay , ( d ) MINUTES OF PLANNING COMMISSION ME TINC HELD APRIL 3 , 1968 . Upon hearing no objection Mayor Thiel ordered the minutes received for filing , ( e ) PRELIMINAA Y ,ZEPORTS OF THE DI .ZECTOR OF PUBLIC 1 WORKS AND ASSZ, SSMENT REPORT WITY RESPECT TO THE FOLLOW INC IMPROVEMENTS , 96 utes - April 15 , 1968 Go�cil Min S ' ( e ) 1 . No . 68 - 07 , concrete alley paving between Alabama Avenue , :i Zarthan Avenue , West 28th Street and Vvest 29th Street , M� 2 . No . 68 - 09 , concrete alley paving between Hampshire Avenue , Idaho Avenue , Vest 26th Street and %ar est 27th Street , 3 . No . 68 - 14 , concrete alley paving between Zarthan Avenue , IYosemite Avenue , West 34th Street and Hamilton Avenue . R :-,; SOLUTION NO . 3500 A motion was made by Councilman Graves , seconded by Council - ; man heltzer , to waive reading and adopt Aesolution No . 3500 en - titled " Resolution Receiving Reports and Calling Hearing on Improvement Nos . 68 - 07 , 68 - 09 , 68 - 14 . " Motion passed by a six yea vote . Hearing will be held April 29 , 1968 . • . ( f ) PRELIMINARY REPORTS OF THE EIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT j%.' ITh RESPECT TO THE FOLLOWINC IMPROVEMENTS * 1 . No . 67 - 32 , water main in Salem Avenue from West 28th j Street to :Test 29th Street . 2 , No ; 68 - 13 , sanitary sewer services in Salem Avenue from West 28th Street to West 29th Street . 34 No . 67 - 31 , grading Salem Avenue from West 28th Street to West 29tH Street . 4 : No . 66 - 25 , sanitary sewer in Zarthan Avenue from 107 . 5 feet south of 14 est 26th Street to West 27th Street . 5 . No . 66 - 25 , water main in Zarthan Avenue from West 26th Street to West 27th Street ; West 27th Street from Alabama Avenue to Zarthan Avenue ; West 26th Street from Zarthan Avenue to Yosemite Avenue ; Yosemite Avenue from exist - ing main to Iff est 26th Street . JESOLUTION NO . 3501 iof It was moved b `, ouncilman Graves , seconded by Councilman Reynolds , to waive reading and adopt •-{ esolution No . 350 en Yn ( � titled " Resolution Receiving Reports and Galling 1-fearing on Improvement Nos . 67 - G 3 , 68 - 131 b7 - 31 , 66 l5 66 - 26 . Motion Passed -by a six yea vo te , 1-fearing will be held May 6 . 1968 • 97 r Council Minut a r - April 111 , 1968 8 . ( g ) 1' 1NANLIAL-4 tt11 '1 ' � . WI ' ( 111 ' ' l ' i 11 � , C� i ' t ' Y l � ' t � lt 1967 . I A motion «# as tijaiir ley CotuicilmarI G' # i ' Vt10 , Mnevnclocl by Council - mAn Roynoltis , ttr t, rtrt' the rrh0 , rl t, o t1w 111n +incn and Audit Coxn - nnittrr . N1014111 IIA14 0d ley a Nix y41A Vut ( 1 . � It was 1-110vod by Ruy » ullls , oveondod by Councilman Galinaon , to dlt• rtit I , uhlle , cttlun of it summary as required by Sec . � tion 6 . 1 .1 of thri ( ; lty Ivlutlu » pamr4od by it Nix yca vote , 9 . UNFINIS11Lt; 1) l3USlNr . ; � ( a ) PROVOSlt1 . VAIUANGIij H ' ItC ) Ivt 11ROVISIONS OIC' ISEG `i" ION 6 : 172 OF THE VaONINC OU DINANc : 1 ,: To I -' j1: I ( 1v11 `1 ' A Silly YARD VIIDTH OF SIX F T4. 1�� '1' lNS ' 1 ' L+ . .1\ l .) Clt�' ' 1 ' 1 -I1 � ; it i� ; t : Ut ..t1 �: 17 h' II �' �I" ELN FEET ON WEST .LOOT LINE ikl ' 720 . 1 M1NNICI ' ONKA BOU LE MWO it EQ UESTED BY BOUL ��' VA .. L) 1 11 . 1 , , 1N ( : . ( GA :iIl ; NC ) . 67 - •1 1 - VAR . ) DE .I::' E ,: AED FROM A13ill -L, 10 19614 . A motion was mads , by Councilman flultzer , seconded by Council - man Graves to dofr. r the matter to April L9 , 1968 . Motion passed by a six yea vote . ., . ( b ) REPORT OF .PLANNING COMMISSION ( CASE NO . 67 - 44 - SP ) ) RECOMMENDINCY UNFA VOAAI3 LY UPON THE 1ZEQ VEST Or F J , V . GLEASON CO . INC . FOR SPECIAL PERMIT UNDER PROVISIONS OF Sli; CTION 6 ; 142da 7 OF 'I ' ,-iI ZONING ORDIN - ANCE TO 1: :ZECT A BLACKTOP PLANT AT Tp: E SOUTHVIEST CORNE4,1 Or HUilSr[' STR .I!; LT ANIS SOU 'CI- , STREET ( EZFERRED FROM APRIL 1 , 1968 ) , William Rosen represented the applicant . Councilman Heltzer explained the applicant had approachecl Council with a compromise agreement . Don Cornell , 8011 West L6th Street , spoke regarding a petition presented against this operation . Mr . Robert Keller , 400 V-Westwood Drive , was preeont in opposition to the operation . The City Attorney told Council be could see of no way the City cou d extend the operation with a compromise . It was moved by Councilman Reynolds , seconded by Councilman Graves , to deny the special permit request to erect a blacktop M plant at the southwest corner of Hurst Street and South Street . Motion passed by a six yea vote . A motion was made b Councilman Y Reynolds , seconded by � Councilman Koch , that the proposed compromise not be approved . Motion passed by a six yea vote . 98 1 Council Minute - April 15 , 1968 90 ( c ) PARK + FACILITLEJS IN AREA OF FLAG' AVENUE AND �rES t T 14 Tl-i STREET , REQUESTED B f COUNCILIviA. N CALINSONDEFER FROM MAACE 18 , 1968 ) . � RLD The City Manager explained the background of the draina in the park area . Mro f, Fred Varner 1zl. ge problem� 21 Hillsboro Avenue Reverend Robert Bardy , 1. 401 Millsboro Avenue , George Carhart , 9400 West 16th Street , and G . C . Brandt , 1431 Flag Avenue , were present to request prompt acj% ion on the water problem . The City Manager stated that staff expects to program a playground activity on the site by June 8 , 1968 . Councilman Galinson asked that this itarn be placed on the Council agenda May 6 , 1968 , and staff report on what has been accomplished to date and present a written report with regard to a permanent solu - tion for the area . Alan Sherr , 9416 v.' est 14th Street , asked that Council go on record in the next legislative session that St . Louis Park be included in a watershed district , It was moved by Council - man Reynolds , seconded by Councilman Calinson , that the date of September 1 , 1968 be established as the date we petition for relief on Bassetts Creek unless we have relief by that time , Motion passed by a six yea vote . (d ) PROPOSAL FOR PEDESTRIAN SIGNAL AT VEST 28TH STREET AND PENNSYLVANIA AVENUE ( 171EQ UES TED B Y COUNCILMAN HELTZER ) , It was moved by Councilman Reynolds , seconded by Councilman Koch , to refer this matter to the newly appointed streets and highway committee of Planning Commission for recommendation . Motion pas s ed by a s ix_ ye a vote 109 NEVv BUSINESS ( a ) PROPOSED AG.R ,�IEMENT WITH F; ENNLPIN COUNTY FOR PARTICIPATION IN THE CONS TRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNALS AT LOUISIANA AVENUE. AND CEDAR LAK :Si ROAD . RESOLUTION NO . 3502 A motion was made by Councilman Reynolds , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3502 entitled " Resolution Authorizing Agreement for Par - ticipation in the Construction and Operation of Traffic Control Signals and Street _Lights at Louisiana Avenue and County Road No , 16 , Motion passed by a six yea vote . 99 r Council Minutes - April 15 , 1968 10 . ( b ) COMMITTEE OF PUBLIC SAFETY DEPARTMENTS * It was moved by Councilman Reynolds , seconded by Councilman Graves , that the iviayor <ppoint a committee consisting of two Council members , one staff member and one from the Mayor ' s r Safety Committee to study the departments of public safety and public works for possible updating and staff prepare a resolution authorizing an investigative committee of the Public Safety Depart - ments in accordance with Section 2 . 09 of the City Charter . Motion passed by a six yea vote . ( c ) DISTRICT COURT ACTION ON BLACKTOP SERVICE COMPANY . It was moved by Councilman Heltzer , seconded by Councilman Craves , that the ; ity Attorney be directed to take action in Dis - trict Court on or prior to May 15 , 1968 to stop Blacktop Service Company from their present operation . Motion passed by a six yea vote . 11 . MISSCELLANEOUS ( a ) None . ; i 12 . CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS 1 ( a ) VERIFIED CLAIMS , On motion of Councilman Craves , seconded by Councilman Koch , the lists of verified claims prepared by the Director of Finance and presented to the Council dated April 15 , 1968 in the total amounts of $ 2 , 733 . 35 for payroll and $48 , 902 . 82 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 . 13 . ADJOURNMENT On motion of Councilman Koch , seconded by Councilman Reynolds , the meeting was adjourned at 12 : 36 a , m , by a six yea vote . Le or Ord J . Thiel , 14 or Attest : Betty Cal ell , Secretary 100