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HomeMy WebLinkAbout1969/02/03 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING S T a LOUIS PARK , MINNESOTA February 3 , 1969 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Thiel at 8 : 10 p ,, mo 2 . INVOCATION Invocation was given by Rev . Carl Holmberg of the Park Baptist Church . 3 . ROLL CALL The following Councilmen were present at roll call : Richard Graves James Heltzer Frank Howard Richard Koch Robert Reynolds Leonard Thiel Also present were the City Manager , City Attorney , Planning Director , Director of Public Works , Supervisor of Zoning and Inspection, and Secretary . Councilman Galinson arrived at 8 : 36 p . m . 4 . MINUTES On motion of Councilman Howard , seconded by Councilman Reynolds , the minutes of the regular meeting held January 20 , 1969 and the special meeting held January 27 , 1969 , 1--tere approved by a six yea vote . (Councilman Galinson was not p ~ zsent ) . 5 . PUBLIC HEARINGS 1 (a ) PROPOSED PRELIMINARY PLAT OF WESTWOOD ESTATES FOURTH ADDITION ( WESTWOOD HILLS DRIVE AND FRANKLIN AVENUE ) - REQUESTED BY ROBERT J . MCNULTY COMPANY ( CONTINUED FROM SEPTEMBER 30 , NOVEMBER 4 , NOVEMBER 181 DECEMBER 16 , 1968 , JANUARY 6 , AND JANUARY 20 , 1969 ) , Mr , Larry Cramer , representing McNulty Co . , was present to answer questions concerninly the proposed plat . The Planning Director explained the proposed plat showing on a map that the subdivider has provided t%:rio access points to the park. 30 C ounc * 1 Minutes , February 3 , 1969 5 . a ) Mayor Thiel closed the hearing . ( ro d preliminary Councilman Howard moved to approve the p oseP P • that he had spoken to Councilman Galhe r sodents plat . He indicated who felt that the access ways would be acceptable to t and s it in the area . Councilman Graves seconded the motion resent ) . carried with six yeas . ( Councilman Galinson wa ESTS , AND COMMUNICATIONS 6 , PETITIONS , REQU (a ) APPLICATION FOR RENEWAL OF NON - INTOXICATING ON SALE MALT LIQUOR LICENSE - THE PIZZA HUT Mr . Wayne VanderVort , attorney , was present rt; presenting than Y Pizza Hut , Inc . He outlined the history of his efforts to �968 do - sale beer license and indicated that- on November that his is was granted on a 5 - 2 vote , he explained client had options on certain property and subsequent to the approval of the 1968 license his client had entered into a contract with the Pizza Hut , He said that there are 350 Pizza Huts througho United States and that he had invited the Council to pick at random some of these and investigate their police records . To his knowledge there had been no trouble , In view of the history of the company he said there should be no reason why the license should not be renewed . He explained that they had submitted their plans and specifications to the Building Department - - they were revised , resubmitted and approved. He said that this matter was brought in on October 7 for a public hearing on October 21 , October 28 , and November 4 and that at no time during these meetings was there anyc+ ne here in opposition to this application . Councilman Reynolds questihned whether the Pizza Hut would be owned by Pizza Hut , Inc . or franchised . Mr . VanderVort informed him that the owners would be Pizza Hut , Inc , Councilman Reynolds also asked whether they had a building permit at the time that they applied for the license and the Supervisor of Zoning and Inspection told him that the permit was issued on November 19 . Several residents appeared 1•+ efore the Council to voice their opposition. Mr . Dick Olson , 3908 Yosemite , representing a group of residents surrounding the Pizza Hut location objected to this license because of the traffic and parking problems it would create . He felt that the area west of Highway 1U0 is in need of upgrading and that the Council should allow the special study committees involved in liquor control standards , parking , and upgrading of Excelsior Boulevard to bd heard before decisions on this type e� f use are permitted . 31 Council Minutes , February 3 , 1969 6 . ( a ) Catherine Kelley , 3916 Yosemite , also in opposition , felt the area to be entirely different from the area east of Highway 100 and also expressed concern about traffic and parking . Upon request of Councilman Reynolds for a count of residents in the audience against the issuance of a beer license , 35 persons were noted . Councilman Galinson said that one of the committees that Mr . Olson mentioned was the liquor control subcommittee and that they had gone over this question and felt that this would discourage quality operations . He said that the high quality restaurants with liquor licenses are not going to spend much money and operate for one year in hopes of getting a license . He explained that the committee will be back in two weeks for a final report . Councilman Howard as '_ced whether a building permit had been applied for when Pizza Hut requested a beer license . Mr . VanderVort said that the building permit was requested subsequent to the granting of the beer license . Councilman Howard moved to defer for two weeks any act OU to amend the liquor policy . Councilman Graves seconded and the motion carried b - 1 , Councilman Reynolds voting nay . Following some additional discussion on the problems involved , Councilman Koch moved to grant renewal . Councilman Galinson seconded the motion . Councilman Howard asked Mr . VanderVort whether Pizza Huts ever go in without a beer license and was told they did not . Councilman Howard then asked if there is economic value to pizza without beer and was told that there is . Councilman Reynolds said that he would vote against the motion as he felt that some points brought up by the residents are valid . Councilman Graves was against the motion because of the traffic problem . Councilman Galinson said he was going to vote for the motion because they had no bad record and good financial backing and felt they should be given a chance to show that they would have a good clean operation . If proven wrong he could change his vote at the time of renewal . He said that he felt that the question was beer , not traffic , as they can build without a beer license . Mayor Thiel felt that Pizza Hut would have a good clean operation but that the area west of Highway 100 was not the proper location for this type of establishment and would vote against it . Councilman Heltzer indicated that the reason for his opposition was because of increased traffic congestion . The motion lost 5 - 2 , Councilmen Graves , Heltzer , Howard , Reynolds and Thiel voting nay . 32 i Council Minutes , February 3 , 1969 ( a ) Councilman Reyno olds moved to deny issuance of the license . 6 • seconded and the motion carried 5 - Councilman Howard Councilmen Galinson and Koch voting nay . 7 • RESOLUTIONS AND ORDINANCES F PROPOSED ORDINANCE AMENDIN (a ) FIRST READING O 1968 , ENTITLED ORDINANCE NO. 1043 PASSED OCTOBER 28s ECTION AND "AN ORDINANCE REGULATING THE C R�F' USE WITHIN THE TRANSPORTATION OF GARBAGE SODA BY PRIVATE GARBAGE CITY OF ST . LOUIS PARK , NiINNE AND REFUSE COLLECTORS " * and set second Councilman Graves moved to waive first reeads olds seconded reading for February 10 , 1969 • Councilm Reynolds and the motion carried with seven yeas . (b ) SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 1035 ESTABLISHING THE HUMAN RIGHTS COMMISSION ORDINANCE N091063 as moved b Councilman Graves , seconded by Councilman It w Y1063 Heltzer , to waive second reading and adopt Ordinance No . entitled , "An Ordinance Amending Ordinance No . 1035 Passed May 20 , 1968 , Entitled " An Ordinance Establishing the Human Rights Commission , Defining its Powers and Duties * 11Motion carried unanimously . (c ) RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREET - AQUILA AVENUE FROM TRUNK HIGHWAY NO. 7 TO WEST 36TH STREET Councilman Graves moved to refer this matter to the Planning Commission . Councilman Heltzer seconded and the motion carried with seven yeas . 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD JANUARY 9 , 1969 . Councilman Heltzer moved to appoint Mr . Robert Bloomquist to the Citizens Advisory Committee to fill the vacancy left by the resignation of Nancy Gamson . Councilman Graves seconded and the motion carried with seven yeas . Upon hearing no objection , the Mayor ordered the minutes to be j received for filing . 33 k Council Minutes , February 3 , 1969 r g , (b ) QUARTERLY REPORT OF CITY ACTIVITIES - FOURTH QUARTER 4 1968 Councilman Galinson moved that the matter of quarterly reports be discussed at a special meeting of council on February 24 . Councilman Graves seconded and the motion carried unanimously. Upon hearing no objection , tae Mayor ordered the report to be received for filing . (c ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 68 - 41 - Z . ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF ROBERT RIDGWAY FOR REZONING 9511 CEDAR LAKE ROAD FROM R - 1 TO B - 3 , Councilman Graves moved to set date for public hearing on March 3 , 1969 . Councilman Koch seconded and the motion carried unanimously ,. (d ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 68 - 45 - VAC . ) RECOMMENDING FAVORABLY WITH CONDITIONS UPON THE REQUEST OF JOHN R . SMITH AND MN &S RR FOR VACATION OF A PORTION OF COLORADO AVENUE FROM CAMBRIDGE STREET TO 39TH STREET , LOTS 11 THROUGH 23 INCLUSIVE , BLOCK 79 . LOTS 18 AND 19 , BLOCK 69 , REARRANGEMENT OF ST . LOUIS PARK Councilman Koch moved to set date for public hearing on February 17 , 1969 . Councilman Reynolds seconded and the motion carried unanimously . ( e ) REPORT OF THE PLANNING COMMISSION T ( CASE 86 - S . P , ) RECOMMENDING UNFAVORABLY UPON HE REQUEST 0 PROPERTY PROGRAMMING , INC . FOR A SPECIAL PERMIT UNDER THE PROVISIONS OF SECTION 6 : 122 . 5 OF THE ZONING ORDINANCE TO PERMIT A CAR WASH IN B - 2 DISTRICT LOCATED WEST OF TEXAS BETWEEN HIGHWAY 7 AND DIVISION STREET Rpa Heskizt, 2409 West 6bth Street , was present representing Property Programming , Inc . ( Councilman Howard assumed the chair as Mayor Thiel stepped out of the chambers ) . Mr . Heskin explained details of the construction and displayed a site plan and a model of the proposed car wash . 34 Council Minutes , February 3 , 1969 8 . ( e ) Councilman Reynolds explained that the use is not com ns le ibmmedi with the Comprehensive Plan ; access is bad ; and Hopkins immediately adjacent is not in favor of the car wash at this location . Mark Shulstrom , 8510 West 29th Street , spoke in favor of the car wash at this particular site . Councilman Heltzer said tha'o. Division Street is not properly improved and felt that increased traffic could only worsen the situation . ( Mayor Thiel resumed the chair ) . Councilman Reynolds moved to deny the special permit . Councilman Graves seconded and the motion carried with seven yeas . (f ) REPORT OF THE PLANNING COMMISSION RECOMMENDING UNFAVORABLY UPON THE REQUEST OF SHELDON BROOKS ( CASE NO. 68 - 62 - Z . ) TO REZONE SOUTHEAST CORNER OF MINNETONKA BOULEVARD AND MONTEREY ( 4525 MINNETONKA BOULEVARD ) FROM R - 3 TO R - B . Larry Griffith was present representing Sheldon Brooks , Councilman Galinson moved to set date for public hearing on March 3 , 1969 . Councilman Howard seconded and the motion carried with seven yeas . (g ) REPORT OF PLANNING COMMISSION ( CASE NO. 69 - 2 - S . Pe ) RECOMMENDING FAVORABLY UPON THE REQUEST OF H . O . WESTERDAHL AND JOHN T . CANNON FOR A SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 092 , 8 TO USE R - 4 PROPERTY AT 5016 - 20 MINNETONKA BOULEVARD FOR OFFICE PURPOSES Mr . Ken Rice was present representing Westerdahl & Cannon . RESOLUTION NO, 3663 It was moved by Councilman Reynolds , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3663 entitled 11 Resolution Granting Permit under Section 6 : 092 . 8 of the St . Louis Park Zoning Ordinance for Office Use in R - 4 District . " Motion carried with six yeas . ( Councilman Galinson was not present ) . (h ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD JANUARY 15 , 1969 35 Council Minutes , February 3 , 1969 8 . (h ) Lloyd Graven , Chairman of the Human Rights Commission , was present encouraging the Council to participate in human relations training with the Commission members . Upon hearing no objection , Mayor Thiel ordered the minutes to be received for filing . ( i ) MINUTES OF PLANNING CDMMISSION MEETING HELD JANUARY 15 , 1969 . Upon hearing no objection , Mayor Thiel ordered the minutes to be received for filing . (j ) REPORT OF THE PLANNING COMMISSION RECOMMENDING UNFAVORABLY UPON THE REQUEST OF PHILIP & MURIEL JENSEN ( CASE NO . 68 - 60 - L . ) TO REZONE PROPERTY ADJACENT TO 2207 EDGEW OOD AVENUE FROM R - 2 TO I - 2 . Mr . Harlan Strong represented the Jensens and asked that the matter be sent back to the Planning Commis s ion in order to give the residents an opportunity to express themselves to that commission . Council was of the opinion that neighbors could express their opinions before the Council at a public hearing . Councilman Reynolds moved to set date for public hearing on February 17 , 1969 . Councilman Heltzer seconded and the motion carried unanimously. (k ) REPORT OF THE PLANNING COMMISSION AND DIRECTOR OF PUBLIC WORKS ( CASE NO. 68 - 58 - MISC . ) REGARDING LOUISIANA AVENUE STUD f ( THOROUGHFARE PLAN ) RECOM - MENDING LOUISIANA AVENUE TO BE MAJOR THOROUGHFARE AS INDICATED IN THE APPROVED COMPREHENSIVE PLAN , Councilman Howard moved to defer this matter and Councilman Reynolds seconded but after some discussion Councilman Howard withdrew this motion . Councilman Heltzer moved to authorize Director of Public Works and Planning Director to continue further study and layout . Councilman Graves seconded and the motion carried with seven yeas . (1 ) REPORT OF CITY MANAGER CONCERNING SELECTION OF DEPOSITORIES FOR 1969 . Councilman Heltzer explained that he had conferred with the City Manager and the Finance Director on this matter and moved 36 Council mutes , February 3 , 1969 g , (1 ) that a resolution be prepared designating present depositories and e pl mouth Avenue Branch of the First National Bations adding the y since they are endeavoring to help in the field of human r onded the motion . Councilman Galinson sec y Mr . Avenue Llo d Graven , 2600 Boone Ivenue , Chairman of Human Rights Commission , urged that the application of the Plymouth uali qualifies * First National Bank be considered and designated if it q The vote on the motion carried unanimously . (m ) REPORT OF CITY MANAGER CONCERNING ALLEY RIGHT - OF - WAY 2510 KIPLING AVENUE Councilman Graves moved to authorize acceptance of deed for necessary right - of - way in the amount of $ 150 . Councilman Koch seconded and the motion carried unanimously . (n ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 68 - 64 - S . P . ) RECOMMENDING FAVORABLY , WITH THE CONDITION THAT THE SANITARY SEWER PROBLEM BE RESOLVED , UPON THE REQUEST OF MEADOWBROOK MEDICAL BUILDING , INC . FOR A 3 - STORY 1 ADDITION ( 2 RECOMMENDED BY PLANNING COMMISSION ) TO MEADOWBROOK MEDICAL BUILDING AT 6500 EXCELSIOR j BOULEVARD . James Fain , 810 Midland Bank Building , president of Meadowbrook Medical Building , was present , y The City Attorney explained that a special permit could not be issued with the condition that the sanitary sewer problem be resolved , Councilman Reynolds moved to defer this matter to March 3 for completion of engineering report and receipt of drainage plans . Councilman Graves seconded and the motion carried with seven yeas . ( o ) REPORT OF SUPERVISOR OF ZONING AND INSPECTION ON ILLEGAL USES OF STRUCTURES AND LAND IN THE B - 2 USE DISTRICTS , Councilman Reynolds moved to authorize the Supervisor of Zoning and Inspection to proceed with enforcement . Motion was seconded by Councilman Graves but after some discussion Councilman Reynolds withdrew his motion . Councilman Reynolds moved to defer the matter to a special meeting 37 Council Minutes , February 3 , 1969 8 . (o ) on February 24 . Councilman Graves seconded and the motion carried unanimously . 9 . UNFINISHED BUSINESS ( a ) PROPOSED PRELIMINARY PLAT OF FOURTH COUNTRY CLUB ADDITION OF WESTWOOD HILLS ( UTAH AVENUE , UTAH DRIVE AND 18TH STREET ) REQUIL , STED BY ROBERT J . MCNULTY CO. ( HEARING CLOSED , ACTION CONTINUED FROM AUGUST 19 , SEPTEMBER 9 , SEPTEMBER 161 OCTOBER 7 , OCTOBER 21 , NOVEMBER 4 , NOVEMBER 18 , DECEMBER 16 , 1968 , JANUARY 6 , and JANUARY 20 , 1969 . ) Councilman Galinson moved to table this proposed preliminary plat . Councilman Graves seconded and the motion carried unanimously . b NON - INTOXICATING ON - SALE MALT LIQUOR LICENSE - PIZZA HOUSE Mr . Herb Davis , 6100 Excelsior Boulevard , attorney , represented the Pizza House . He had a court reporter making a record of the minutes and agreed to furnish a transcription to the Council . Mr . Davis gave the background history of the license of the Pizza House and had with him the following individuals to relate accounts of police incidents taking place at the establish - ment : ( They were either directly involved in or witnesses to the activities ) Roger Wittenberg , 109 Washington Avenue , Hopkins ; Mitchell Fine , 4510 Girard Avenue South ; Tom Thielges , formerly the proprietor of the Pizza House ; ( Councilman Galinson arrived ) Pam Sorensen , 4360 Vernon Avenue . Present to support the reputation of the Pizza House and its owners were : Josephine Corbin , 1800 Melrose , waitress at the Pizza House ; Bob Hayes , 3334 France Avenue South , a patron ; John Winkie , 4080 Xenwood , a patron ; and Len Anderson who will manage the bar at the Pizza House ; Gene Strommen , 2053 Sumter , a patron ; and Catherine Kelley , 4125 Yosemite , a patron . After listening to the details of the police calls as explained those present and to the patrons speaking in behalf of the Pizza House , Councilman Galinson moved to approve the license . Councilman Graves seconded and the motion carried 5 - 2 , Councilmen Heltzer and Howard voting nays ( c ) PROPOSED REZONING OF PROPERTY AT 8008 WEST 28TH STREET FROM R - 3 TO R - 4 , ( CASE NO. 68 - 21 - Z . ) - REQUESTED BY 38 February 3 , 1969 Council Minutes , i l2 9 , ( c ) ROBERT L . JOHNSON ( HEARING CLOSED - � 'rTER TABLED ON AUGUST 19 , 19 68 ) . 251 Tyrol West Building , Gamble Center , Mr . Joseph J . Strangis , Y representing the applicant and said they would be was present in to dedicate 33 feet for the extension of Texas Avenue . will g Councilman Howard moved to take the matter from the anbimousl . Co y Councilman Graves seconded and the motion carried un r I Councilman Galinson moved to waive first reading of prl Po le 6 90 ordinance and set date for second reading on February ? ' Councilman Howard seconded and the motion carried with seven yeas . 10 . NEW BUSINESS ( a ) CONTRACT FOR STORM SEWER STUDY - ORR - SCHELEN - MA Y E R ON . councilman Graves moved to authorize Mayor and City Manager to execute the contract . Councilman Howard seconded and the motion carried unanimously . 11 . MISCELLANEOUS (a ) DAMAGE CLAIMS 1 . Mrs . Jean K . Breeding , 6704 Minnetonka Boulevard 2 . Lawrence T . Anderson , 3962 Brunswick Avenue Councilman Reynolds moved to file above claims with the City Clerk for proper action by the City Attorney and City Manager . Councilman Graves seconded and the motion carried unanimously. 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Reynolds , seconded by Councilman 1 ; Galinson , the lists of verified claims prepared by the Director of Finance and presented to the Council dated February 3 , 1969 in the total amounts of $ 5 , 261 . 87 for payroll , and $ 50 , 696 . 74 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 . ( Councilman Graves was not present ) . A 39 A Council Minutes , February 3 , 1969 12 . (b ) CONTRACT PAYMENTS 1 . Adjustment of Final Payment on Contract No . 762 , Improvement No . 65 - 04 Brownie Lake Storm Sewer , Johnson Bros . Highway and Heavy Constructors , Inc . * Refund to City , $ 697 . 38 . RESOLUTION NO, 3 664 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3664 entitled , " Resolution Authorizing Adjustment of Final Payment on Contract No . 7629 Improvement No . 65 - 4 . " Motion carried with seven yeas . 2 . Final Paving , Asphalt Paving , Imp . Nos . 65 - 10 , 66 - 109 66 - 56 , and 66 - 75 - C . S . McCrossan , Inc . - $ SPGV � # j4g, c ar � 1 • RESOLUTION NO, 3 665 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3665 entitled " Resolution Accepting Work on Asphalt Paving Improvement Nos . 65 - 10 , 66 - 10 , 66 - 56 and 66 - 75 . " Motion carried with seven yeas . 3 . Partial Payment No . 1 , Traffic Signals at 36th Street and Texas Avenue and 28th Street and Louisiana Avenue , Imp . Nos . 65 - 01 and 68 - 27 , Hoffman Electric Co . - $ 10 , 800 . 4 . Partial Payment No . 4 , Storm Sewer , Sanitary Sewer and Water Main , Imp . Nos . 65 - 68B , 67 - 58 , 65 - 45A , B & C , 67 - 43 , 68 - 06 , 68 - 089 68 - 13 , 67 - 32 , 66 - 26 and 66 - 25 , G . L. Contracting Co . - $ 122 , 801 . 16 . On motion of Councilman Galinson , seconded by Councilman Howard , the above payments on contract work presented by the City Engineer were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a seven yea vote . 13 . ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Heltzer , the meeting was adjourned at 12 : 45 a . m . by a seven yea vote . 7 Atte s t : . May r / i Alice M. Carlson , Secretary 40