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HomeMy WebLinkAbout1969/11/03 - ADMIN - Minutes - City Council - Regular MINUTES OF CIT Y COUNCIL MEETING ST , LOUIS PARK , MINNESOTA November 3 , 1969 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Thiel at 8 : 0 6 p . m . 2 . INVOCATION Invocation was given by Rev . Bennett Brudevold of the Aldersgate Methodist Church . 3 . ROLL CALL The following Councilmen were present at roll call : Murray Gal in s on Richard Graves Frank Howard Richard Koch Robert Reynolds Leonard Thiel Also present were the City Managers Assistant City Manager , City Attorney , Planning Director , Director of Public Works , and Secretary . Councilman Heltzer arrived at 90. 30 p . m . 4 . MINUTES On motion of Councilman Reynolds , seconded by Councilman Graves , i the minutes of the regular meeting held October 20 , 1969 and special i meetings held October 27 , 1969s were approved by a six yea vote . ( Councilman Heltzer was not present ) . i 5 . PUB LIC HEARINGS ( a ) IlviPROVEMENT NO, 68 - 18 , SANITARY SE AVENUE SEWER , VIRGINIA FRON, WEST 26TH STREET TO 412 FEET NORTH , i lviayor Thiel opened the hearing , i Ivir . Duane Soland , 2513 Virginia A I improvement , g venue , spoke in favor of the i I ivir . D. Strohmeier , 2601 Burd Place , felt that home owners on Burd Place shouldnot be asses i sed for this improvement . i 330 council . 0 tes , November 3 , 19b9 5 . ( a ) Mr . David Brown questioned the approximate cost of the project and was given the engineer ' s estimated cost . It was mentioned that, because the lots with houses fronting on Burd Place could be subdivided so that there would be buildable lots facing Virginia Avenue , home owners on Burd Place would be assessed for this improvement . Mr . We Northway , 2619 Surd Place , felt that it should not be assumed that the lots on Burd Place would be subdivided . There being no one else present wishing to speak to this matter , Mayor Thiel declared the hearing closed . RESOLUTION NO , 3861 It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3861 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 68 - 18 . " Motion carried with six yeas . ( Councilman Heltzer was not present ) . 6. PETITIONS , REQUESTS , AND COMMUNICATIONS None 7 . RESOLUTIONS AND ORDINANCES (a ) SECOND READING OF PROPOSED ORDINANCE AIvLENDING THE ZONING ORDINANCE TO INCLUDE " TAXIDERMY " UNDER SECTIONS 6 : 122 . 14 AND 6 : 162 . 3 ( CASE NO. 69 - 35 - Z . ) ORDINANCE NO , 1083 It was moved by Councilman Reynolds , seconded by cilman 1083 Graves , to waive second reading and adopt Ordinance No . Noe 730 Passed entitled , " An Ordinance Amending Ora a Park Zoning Ordinance ' , in December 28 , 1959 , Entitled St , Lout Section 6 : 122 Entitled ' Uses by Special Permit and Section 6 : 162 Entitled ' Uses by Special Permit , ' Relating to Adding Taxidermy as a Use b t Special Permiin the B - 2 and I - 3 Use Districts . Them ion carried 5 - 19 Councilman Koch voting nay. ( councilman of Heltzer was not present ) . (b PROP06ED ORDINANCE AMENDING A EC TION FIRST READING OF fri OF THE ST • LOUIS P 2 : 104 ENTITLED " LICENSE NC'JTO ANZE NDING FEES FOR ORDINANCE CODE , RE LA 331 ..w Council Niinutes , November 3 , 1969 OXICATING MALT LIQUOR LICENSES 7 . (b ) ON SALE NON _ INT seconded by Councilman It was moved by Councilman KoWar o oSed ordinance and set date Graves , to waive first reading of P 969 • The motion carried 7 - 0 . for second reading November 1 ? , F PROPOSED ORDINANCE AlviENDING PARK (c ) FIRST READING O L „ FEES + � OF 'Z' HE ST . LOUIS SECTION 2 : 1305 , ENTITLE FOR ON ELATING TO AMENDING FEES ORDINANCE CODE , G LIQUOR LICENSES SALE INTOXICATIN seconded by Councilman It was moved by Councilman Howard , date for second reading Graves to waive first reading and 69 . Iviotion carried 4 - 3 , Councilrrien Koch , November 17 1969e Reynolds , and MayGr Thiel voting nay . Councilman Galinson Councilman Howard moved to recons3 eCounci�lmen Graves , Heltzer seconded and the motion carried 4Howard questioned the minority and Koch voting nay . Councilman Councilmen Koch and as to the reason for their negative votes . ative vote was Reynolds indicated that the reason for = eat an heir negincrease in one because they felt that $ 1 , 000 was too g year . Mayor Thiel felt that because of the increase in taxes to these establishments , a $ 500 increase in fee would have been more equitable . first reading of proposed ordin Councilman Howard moved to waivance e f and set date for second reading November 17 , 1969 • CouneK h , Graves seconded and the motion carried 4 - 3 , Councilmen Reynolds , and Mayor Thiel voting nay . (d ) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR PARK , DRAINAGE , AND STREET PURPOSES RESOLUTION NO . 3862 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3862 entitled , " Resolution Authorizing Taking of Land by Eminent Domain for Park , Drainage , and Street Purposes . It The motion carried 6 - 0 . ( Councilman Heltzer was not present ) . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 69 - 49 . VAC � RECOMIviENDING FAVORABLY UPON THE REQUEST OF A . J . RAMEE FOR VACATION OF UTILITY EASEMENT ALONG THE WESTERLY LOT LINE OF LOT 49 BLOCK 7 , WEST TEXA - 332 Council Minutes , November 3 , 1969 8 . (a ) T ONKA HILLS RESOLUTION NO , 3863 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3863 entitled , " . Resolution for Hearing on Petition to Vacate Public Utility Easement . " The motion carried 6 - 0 . ( Councilman Heltzer was not present ) . (b ) RZPORT OF THE PLANNING COMMISSION ( CASE NO. 69 - 53 - S . P . ) !ckECOkd\tiii: NDING FAVORABLY UPON THE REQUEST OF PLANIT DEVELOPMENT CO . FOR SPECIAL PERNUT UNDER PROVISIONS OF SECTIONS 6 : 092 . 1 AND 6 : 176 . 4 OF THE ZONING ORDINANCE FOR RESIDENTIAL DEVELOPIviENT UNIT ON NORTHEAST CORNER OF 16TH STREET AND COLORADO AVENUE. , The Planning Director described the proposed special permit , giving the history of the zoning in the area . He explained that the storm sewer would be completed prior to the construction of the building or certainly before its occupancy. There was discussion concerning acquisition of right - of - way for a cul - de - sac on Colorado Avenue . Mr . Dolan , Dolan Engineering , and Iver . Rod Bernu , Plarut Development Co . , explained that since they had been previously been granted a special permit on this same property and that they now had upgraded their plan , it was their feeling that approval should be granted . ms in the area After further discussion concerning traffic Councilman Gal nson moved and the cul - de - sac on Colorado AYenur ' conditions , by adding " said to amend the resolution , Item 2 , un of P P Y ro ert to be dedicated on both the east and west sides was Colo ed Avenue " . Councilman Heltzer seconded t tan Mayor ,thiel voting def 4 - 3 , Councilmen Graves , Koch , Reynolds , nay . Councilman Reynolds moved to a mend the resolution , Item 2 , adding " and that said cul - de - sac be c nstd mructed under conditions , by 1 , Councilman Howard second before occupancy is peritted . amendment carried 6 - 1 , Niayor Thiel voting nay * and the am 333 Council Minutes , November 31 1969 8 . (b ) RESOLUTION NO. 3864 It was moved by Councilman Graves , seconded by Councilman as Re nolds , to waive reading and adopt Resolution No . 3864 #Under Y amended , entitled , " Resolution Granting Special name for Section 6 : 176 . 4 of the St . Louis Park Zoning Orn s planit Residential Development Unit , Apartment Bulldl g , Development Company . " The motion carried 6 - 1 , Councilman Galinson voting nay . ( c ) REPORT OF THE BOARD OF ZONING APPEAL ( CASE N E• 69 - 55 - VAR . ) RECOMMENDING UNFAVORABLY UPON DER REQUEST OF ELWOOD L . MASON FOR VARIANCE UN PROVISIONS OF SECTION 6 : 064 . 5 OF THE ZONING ORDINANCE TO PERMIT LOT FRONTAGE OF 461 INSTEAD OF THE REQUIRED 75 FEET AT 4104 ALABAMA AVENUE . It was moved by Councilman Howard , seconded by Councilman Reynolds , to set date for public hearing November 17 , 9 69 The motion carried with six yeas . ( Councilman Heltzer was not present ) . (d ) REPORT OF THE BOARD OF ZONING APPEALS ( CASE NOe 69 - 56 - VAR . ) RECOMNLENDING UNFAVORABLY UPON THE REQUEST OF FREDRICK A DODDS FOR VARIANCE FROM SECTION 6 : 074 . 5 OF THE ZONING ORDINANCE TO PERMIT A 3 ' SIDE YARD INSTEAD OF THE REQUIRED 6 ' AT 3340 XENWOOD AVENUE . It was moved by Councilman Koch , seconded by Councilman Graves , to set date for public hearing November 17 , 1969 . The motion carried with six yeas . ( Councilman Heltzer was not present ) . (e ) REPORT OF THE PLANNING COMMISSION REC OMIAE NDING FAVORABLY UPON THE REQUEST OF WALLACE T . BRUCE ( CASE NO . 69 - 48 - S . P . ) FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTIONS 6 : 176 . 4 AND 6 : 092 . 1 OF THE ZONING ORDINANCE FOR 61 - UNIT APARTMENT BUILDING AT 7415 WEST 22ND STREET . On motion by Councilman Galinson , seconded by Councilman Graves , the matter was tabled by a six yea vote . ( Councilman Heltzer was not present ) . (f ) REPORT OF CITY MANAGER RELATIVE TO PROPOSED ORDINANCE. REGULATING CHRISTMAS TREE SALES (M &C NO. 69 - 23 ) * 334 Gounc it Minutes , November 3 , 1969 8 . �f ) 1 . An Ordinance Amending Sections 2 : 525 through 2 : 528 of the St . Louis Park Ordinance Code Entitled " Sale of Christmas Trees " Councilman Howard moved to table . Councilman Graves seconded but after some discussion Councilman Howard withdrew his motion . Councilman Graves moved to waive first reading of proposed ordinance and set date for second reading November 17 , 1969 . Motion carried unanimously . 2 . An Ordinance Amending Ordinance No . 730 Passed December 28 , 1959 , Entitled " St . Louis Park Zoning Ordinance " Section 6 : 049 , Relating to General Requirements for all Districts Councilman Reynolds moved to refer the proposed ordinance to the Planning Commission for consideration at the November 5th Planning Commission meeting . Councilman Graves seconded and the motion carried unanimously . It was moved by Councilman Galinson , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading November 17 , 1969 , lvjotion carried unanimously . ( g ) MINUTES OF BOARD OF ZONING APPEALS MEETING HELD OCTOBER 23 , 1969 Upon hearing no discussion , the Mayor ordered the minutes to be received for filing . (h ) MINUTES OF THE PARKS AND RECREATIO VISOR Y COMMISSION JvjEETING HELD OCTOBER 8 , 1969 * Upon hearing no discussion , the Mayor ordered the minutes be received for -filing . (i ) MINUTES OF PLANNING C01V MISSION IviEETING HELD OCTOBER 15 , 1969 Upon hearing no discussion , the Mayor ordered the minutes be received for filing . (J ) MINUTES Or HUIv-A N RIGHTS C0Mjvj5SI0N j,,£ ETING HELD OCTOBER 15 , 1969 • s Sion , the Mayor ordered the minutes be Upon hearing no discu received for filing . 335 - Council Minutes , November 3 , 1969 8 . (k ) CITY ATTORNEY ' S OPINION REGARDING APPOINTMENT OF PERSONS UNDER 21 YEARS OF AGE' To ADVISORY COMMISSIONS It was Council ' s feeling that they are interested in youth participation in city affairs and were hopeful that the initiative would come from the youth in the community . It was decided to invite them to the Council meeting December 29 , 1969 to give them an opportunity to express their ideas in this regard . ( 1 ) REPORT OF CITY ATTORNEY CONCERNING PROHIBITING PARKING IN FIRE LANES It was moved by Councilman Galinson , seconded by Councilman Howard , to waive first reading of proposed ordinance amending Section 3 : 131 of the St . Louis Park Ordinance Code Entitled " Prohibited Parking Areas " by Adding Subdivision ( N ) Thereto , Relative to Fire Lanes , and set date for second reading November 17 , 1969 . The motion carried unanimously . (m ) REPORT RELATIVE TO PROPOSED PRELIMINARY PLAT - LOU PARK ADDITION Mr . Vincent Johnson , attorney , was present representing Dan Otten. It was moved by Councilman Galinson , seconded by Councilman Koch , to refer this plat to the Planning Commission . The motion carried unanimously . (n ) REPORT OF CITY IViANAGER (M & C NO . 69 - 25 ) CONCERNING CITY DEPOSITORIES Councilman Galinson moved to approve checking account rotation schedule as submitted by the City Manager . Councilman Graves seconded and the motion carried 4 - 3 , Councilmen Howard , Reynolds , and Mayor Thiel voting nay . (o ) REPORT OF STOP SIGN STUDY - 33RD AND WEBSTER I RESOLUTION NO , 3865 It was moved by Councilman Koch , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3865 entitled , " Resolution Authorizing Placement of Stop Signs for Traffic Control at Inter - section of West 33rd Street and Webster Avenue . " The motion carried unanimously. 336 Council Minutes , November 3 , 1969 8 . (p ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY UPON REQUEST TO AMEND SPECIAL PERMIT ( CASE NO. 69 - 51 - S , P , ) FOR COMME DEVELOPMENT AND RESIDENTIAL DEVELOPMENT UNIT UNDER PROVISIONS OF SECTIONS 6 : 176 , 2 AND 6 : 176 . 4 OF THE ZONING ORDINANCE FOR OFFICE BUILDING IN B - 2 DISTRICT AT HIGHWAYS 12 AND 18 BY SHELDON WERT , The Planning Director described the proposed office building in Shelard Park . He explained that this request is to permit an expansion of the permit by the inclusion of this office building at the southeast corner of the development and that if the permit is approved it would be incorporated into the existing special permit. He also indicated that conditions to the original special permit were Council ' s approval of the circulation plan , lighting plan , park plan , etc . , and that these must be approved before the first building permit could be issued . Mr . Sheldon Wert explained that their responsibility for the park included grading , seeding and design . RESOLUTION NO. 3866 It was moved by Councilman Galinson , seconded by Councilman Koch , to waive reading and adopt Resolution No . 3866 entitled , " Resolution Amending Resolution No . 3 787 Granting Permit Under Sections 6 : 176 . 2 and 6 : 176 . 4 of the St . Louis Park Zoning Ordinance for Residential Development Unit and Commercial Development Unit , Shelard Development Company . " Motion carried with six yeas . ( Councilman Heltzer was not present ) . 9 . UNFINISHED BUSINESS ( a ) REQUEST OF GENE 1OR111ES ( CASE NO. 69 - 41 LAND ALONG IViORNINGSIDE ROAD BETWEEN WOODDALE AND DART ( TABLED OCTOBER 6 , 1969 ) • an Re Holds moved to remove this matteron carried from the Councilor Y table . Councilman Howard secondees and hambers ) . moti 6 - 0 . ( Councilman Koch was out of the RESOLU 'T' ION NO. 3867 an Reynolds , seconded by Councilman It was moved by Councilor Y t Resolution No . 3 86 ? entitled , Graves , to waive reading and adop • 049 . 8 of the SL . " s ution Granting Permit Under flinSection nd , and amended Re of Louis Park Zoning Ordinance for Filling 337 Council Minutes , November 3 , 1969 a b changing the completion date under Condition 3 to December 15 , 9 ( y 1970 , and by omitting from 1969 and under Condition 5 to May 1 , which Condition 4 the words " unless the street is vacated , inf Dart case the applicant may fill and grade the easterlyone - halfo a Avenue adjacent to Lot 1 , Block 1 , Tingdale s Replat in Brown d le Park . " The motion carried 7 - 0 . (b ) COMMISSION APPOINTMENTS Councilman Meltzer moved to defer the appointments to November 17 , 1969 . Councilman Graves seconded and the motion carried unanimously. It was agreed by Council , at the request of Councilman Koch , that the appointments to the Human Rights Commission would be made November 10 , 1969 , ( c ) APPRAISAL OF PROPERT Y NORTH OF WEST 26TH STREET ADJACENT TO NELSON PARK ( DEFERRED OCTOBER 13 , 1969 ) . On motion by Councilman Galinson , seconded by Councilman Graves , the matter was tabled by a unanimous vote . 10 . NEW BUSINESS (a ) EMPLOYEE PROMOTION It was moved by Councilman Graves , seconded by Councilman Reynolds , to concur with the promotion of Mrs . Ruth Mollet to Clerk III , effective November 3 , 1969 . The motion carried unanimously . (b ) TABULATION OF BIDS - FOUR WHEEL DRIVE UTILITY VEHICLE It was moved by Councilman Graves , seconded by Councilman Reynolds , to designate Barnett Chrysler Plymouth the lowest responsible bidder and accept bid in the amount of $ 3 , 331 . 61 . The motion carried unanimously, (c ) CIVIC CALENDARS - 1970 Councilman Reynolds moved to authorize ad for bids f or civic calendars for 1970 . Councilman Koch seconded and the motion carried unanimously . 11 . MISCELLANEOUS ( a ) COMMUNICATIONS FROM CITY MANAGER 338 Council Minutes , November 3 , 1969 11 . ( a ) Council was reminded by the City Manager of the Planning Seminar scheduled to be held at the City Hall on November 13 , November 20 , December 4 , and December 11 , 1969 . 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Reynolds , seconded by Councilman Graves , the lists of verified claims prepared by the Director of Finance and presented to the Council dated November 3 , 1969 in the total amounts of $ 2 , 869 . 30 for payroll , and $ 84 , 869 . 9 for vendors were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a seven yea vote . (b ) PAYMENTS ON CONTRACT WORK 1 , Partial Payment No , 1 , Storm Sewer , Water Main and Appurtenant Work , Imp . Nos . 65 - 46 , 68 - 01 , 68 - 47 , 69 - 06 , 69 - 07 , and 69 - 05 , Barbarossa & Sons , Inc . $ 10j364 . 81 * On motion of Councilman Graves , seconded by Councilman b Howard , the above payment on contract work presented y the City Engineer was approved , and the City Ivianager , City Clerk and City Treasurer were authorized to issue check for the amount by a six yea vote , Councilman Galinson abstaining . Paving , curb , gutter and sidewalk , 2 . Partial Payment No . 6 , 6 02 , 69 - 199 69 - 18 , and 66 - 50 , Improvement Nos . 66 - 55 , 9 - Blacktop Service Co . - $ 55 , 572 . 91 . i seconded k re On Councilman Howard , motion of Councpresented by Reynolds , the above payment on contract P Engineer was approved , and the City Manager , City the City g d Cit Treasurer were authorized to issue check or Clerk an y the amount by a seven yea vote . 13 . ADJOURNMENT Councilman Koch , an Reynolds , seconded by On motion of Councilor by,a even 11 ea vote the meeting was adjourned at 11 : 30 P . M . L nard J . Thi , Mayor At st : Alice M. Carlson , Secretary 339