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HomeMy WebLinkAbout1969/04/14 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL ME TING ST . LOUIS PARK , MINNESOTA April 14 , 1969 1 . CALL TO ORDER • o order r b Mayor Thiel I A regular meeting of the City Council was called t Y y at 8 : 17 p . m . 2 . INVOCATION Invocation was given by Councilman Frank Howard . 3 . ROLL CALL The following Councilmen were present at roll call : Murray Galinson Richard Koch Frank Howard Robert, Reynolds Leonard• Thiel Also present were the City Manager , City Attorney , Planning Director , Director of Public Works , and Secretary . Councilman Graves arrived at 10 : 25 p . m . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Koch , the minutes of the regular meeting held April 7 , 1969 , were approved by a five yea vote . 5 . PUBLIC HEARINGS (a ) PROPOSED REZONING OF PROPERTY AT SOUTHWEST CORNER OF TEXAS AVEN UE AND HIGHWA Y NO . 12 FROM R , 1 , SINGLE FAMILY RESIDENCE DISTRICT , TO R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT , REQUESTED B Y DARRELL A • FARR ( CASE NO. 68 - 43 - Z . ) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCH 27 , 1969 . Mayor Thiel opened the hearing . At the request of the petitioner , Mr . Noel Triden , 710 First National Bank Building , was present recording the proceedings . Mr . Arthur Weisberg , Attorney, 2400 First National Bank Building ' represented the applicant . He explained that the rezoning was justified because the initial zoning was in error and that there has been a change j in the area by way of commercial build - up and traffic patterns . log i Council Minutes , April 14 , 1969 5 � ( a ) He indicated that the applicant is entitled to rezoning for moral; legal ; and economic reasons . Mr . John Voss , Planner , Northern Planning and Design , 7415 i Wayzata Boulevard , representing the applicant , felt that R - l zoning was not best for this area since it is the only property abutting highway 12 ( except further east where single family homes exist ) that is zoned R - 1 . Me submitted a brief to Council at 8 : 30 p . mc, consisting of 14 pages and 8 exhibits . The City Attorney questioned whether this information had been given to the Planning Commission , Curtis Forsland , attorney for the applicant , said that the brief contained much information not given to the Planning Commission . He said that information that was not available to the Planning Commission were the figures on traffic changes and increases on Texas Avenue and Wayzata Boulevard and statistics relating to the economic feasibility of developing the property . The City Attorney questioned whether the liquor store adjacent to the property would remain in the development of Texas Avenue . Mr . Voss answered that he did not know but that it probably would be taken for right - of - way . The City Attorney asked whether the liquor store is an element to be considered if it is to be removed . Mr . Voss said that they were not singling out the liquor store as a reason for the change , but that the industrial development in Golden Valley and traffic at the new interchange would not seem good for R - 1 development . The City Attorney asked whether Mr . Voss had reviewed the 1968 Comprehensive Plan and the report filed by the Planning Director in this specific case . He said that he had and had used this in making his case . The City Attorney also asked if he had considered the size of the residential area to the west and south of the subject tract . Mr . Voss indicated that he was very familiar with the area and knew that it was an R - l District . The City Attorney questioned if it is correct to say that all the way over to Flag , County Road 18 and Cedar Lake Road , comprising one - fourth of the area of the City , is R - 1 at the present time . Mr . Voss said yes that was correct . Mr . Bill Dolan , Dolan Engineering Co . , represented the applicant . He described the topography of the land and with aid of slides explained that it was his conclusion that it was not economically feasible to develop the land with single family homes . Mr . Mitchel Kirshbaum , 1808 Westwood Hills Drive , represert ed the V" estwood Hills Residents Committee ( bounded by Franklin , 16th Street , Westwood Hills Drive and Texas .Avenue . He presented petitions in opposition to the rezoning . He urgeation the Planning rezoning request on the basis of the recommend of the Commission ' s advice , report of the Planning Director , and the Comprehensive Plan . 110 Council Minutes , April 14 , 1969 5 , (a ) Mayor Thiel declared the hearing closed . r Councilman Howard moved denial of the rezoning based upon A � j 0,;4 the recommendation of the Planning Director , Planning Commission � and Comprehensive Plano Councilman Galinson seconded and the motion carried with five yeas c ( Councilmen Graves and Heltzer were not present ) o 6 . PETITIONS , REQUES mac , AND COMMUNICATIONS None 7 . RESOLUTIONS AND ORDINANCES (a ) RESOLUTION AUTriORIZIOG PLACEMENT OF TRAFFIC CONTROL SIGNS REGULATING SPEED ( AQUILA AVENUE , WEST 34TH STREET AND AQU� LA LANE ) , RESOLUTION NO. 3708 It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3708 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Speed " Motion carried with five yeas . ( Mayor Thiel left the meeting at the beginning of this item and Councilman Howard assumed the chair . Councilman Craves arrived , but Councilman Heltzer was not present ) . �r Councilman Galinson asked staff to consider additional stop signs in this area : a three - way at Aquila and Decatur and a third one on the northwest corner of Aquila and 34th . Mr . Allen Oliesky , 3063 Vil. giniat urged placement of stop signs suggested by Councilman Galinson . (b ) RESOLUTION AMENDING AGREEMENT FOR ENGINEERING SERVICES RESOLUTION NO, 3709 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3709 entitled " Resolution Amending Agreement for Engineering Services . 11 Motion carried with five yeas . ( Mayor Thiel and Councilman Heltzer were not present ) . 111 1►___ . A Council Minutest April 14 , 1969 7 . (c ) RESOLUTION OF SYMPATHY - THOMAS QUINN t, RESOLUTION NO, 3 710 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3710 entitled , " Resolution Extending Sympathy to the Family of Thomas W . Quinn . " Motion carried with five yeas , ( Mayor Thiel and Councilman Heltzer were not present ) . (d ) RESOLUTION FAVORING RETENTION OF THE TAX EXEMPTION Y z. STATUS ON MUNICIPAL BONDS RESOLUTION NO , 3711 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3711 entitled , "A Resolution Favoring Retention of the Tax Exempt Status of Interest on Municipal Bonds , " Motion carried with five yeas . ( Mayor Thiel and Councilman Heltzer were not present ) . 9 e ) SECOND READING OF ORDINANCE REZONING PROPERTY NORTH AND EAST OF THIL INTERSECTION OF QUENTIN AVENUE AND WEST 39TH STREET FROM R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT : TO RB , RESIDENTIAL BUSINESS DISTRICT t ( CASE NO. 69 - 6 - Z . ) . The Planning Director informed Council that the applicant was t willing to dedicate necessary land for street right - of - way but would not be in a legal position to do this until the zoning was changed and he became owner of the property . Mr . Bruce Blackburn , attorney for the St . Louis Park Medical Center , and Mr . Robert Ehrenberg , Belt Line Industrial Park, were present in favor of the zoning change but concerned about the extension of Quentin Avenue Councilman Reynolds moved to table this matter and Councilman Graves seconded the motion , Mr . Richard Fudali , 1700 Innsbrook , representing the applicant , agreed that they would dedicate the land for street purposes but urged the rezoning of the property . After discussion , Councilman Reynolds withdrew his motion . The City Attorney suggested that after the road alignment has been decided , a deed could be held by a third party until the rezoning is approved . 112 Council Minutes , April 14 , 1969 12 , 1969 , with the 7 � ( e ) Councilman Galinson moved to defer until May ssion before that going to the Planning om road alignment g g � date . Counc ilman Koch seconded and the motion carwith five as . Councilmen Heltzer and Graves were not present ) . ye � (f ) LANS AND SPECIFICATIONS AND RESOLUTION TION APPROVING P AUTHORIZING ADVERTISEMENT FOR BIDS , IMPROVE T NOS , 69 - 02 AND 69 - 190 j R "LSOLU '_' I_N03712 It was moved by Councilman Ga '_ inson , seconded by Councilman Graves ; to waive rcadir_ g and adopt Resolution No . 3 712 entitled , " Resolution Approving Plans and Specifications and Authorizing Advertisement for :5idF. : Improvement Nos . 69 - 02 an 9 Motion carried with five veal , ( Mayor Thiel and Councilman Heltzer were not present ) , 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) MINUTES OF PLANNING COMMISSION MEETING HELD APRIL 21 1969 . Upon hearing no objection , President Pro Tem Howard ordered the minutes to be received for filing . Councilman Reynolds requested that the Official Map be placed on the Council agenda for April Z8 , 1969 . (b ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD MARCH 1197 1969 Upon hearing no objection . President Pro Tem Howard ordered the minutes to be received for filing . ( c ) REPORT OF CITE' MAI NAG JR CONCERNING RETENTION OF EMPLOfEE BE FOND RETIREMENT AGE ( M & C NO. 69 - 7 ) • Councilman Graves moved to approve retention of Lloyd Bowers as electrical inspector . Councilman Reynolds seconded and the motion carried Nvith five yeas . ( Mayor Thiel and Councilman Heltzer were not pr . se ,it ) , (d ) MINUTES OF PARKS AND RECREATION ADVISORY COMMI55I01 MEETING HELD APR : L 9 ; 1. 969 . Upon hearing no objection , President Pro Tem Howard ordered the minutes to be received for filing . 113 Council Minutes , April 414 , 1969 9 . UNFINISHED BUSINESS ( a ) REQUEST OF PLANIT DEVELOPMENT , INC . FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 092 . 1 OF THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF 60 - UNIT APARTMENT BUILDING IN AN R - 4 DISTRICT , NORTHWEST CORNER OF COLORADO AVENUE AND 16TH STREET ( TABLED MARCH 10 , 1969 ) 49 Councilman Reynolds moved to take this matter from the table . Councilman Graves s : conded and the motion carried with five yeas ( Mayor Thiel G. nd Councilman Heltzer were not present ) . The Planning Direc . or � 3-� e ba Orgroand of the request for special permit > He said that the applicant had p esented deed for cul - de - sac on Colorado Avenue and has ri esented a plan that conforms to the ordinance , Councilman Reynolds moved to waive reading and adopt resolution granting special permit with the condition that the deed for land for the cul - de - sac be deemed sufficient • by the City Attorney , Planning Director and Director of Public V. orks . Councilman Graves seconded the motion , Councilman Calinson said that he was reluctant to vote until the people in this neighborhood have a chance to be heard . Councilman Reynolds withdrew his motion and moved to defer two weeks for the purpose of notifying residents and giving the City Attorney time to examine the deed . Councilman Graves seconded and the motion carried with five yeas . (b ) BASSETT CREEK JGINT POW' ERS AGREEMENT r Councilman Galinson moved to defer to April 28 , 1969 to give him a chance to discuss this matter with the City Attorney , Councilman Graves seconded and the motion carried with five yeas ( Mayor Thiel and Councilman Heltzer were not present ) . a ( c ) COMMITTEE REPORT CONCERNING RESIDENCY REQUIREME* NTS ( DEFERRED FROM MARCH 10 , 1969 ) It was moved by Councilman Koch - seconded by Councilman Graves , to defer this matter to May 5 : 1969 . Notion carried with five yeas . ( Mayor Thiel and Councilman :Heltzer were not present ) . ( d ) AGREEMENT BETWEEN THE VILLAGE OF MINNE T ONKA AND THE CITY OF ST : LOUIS PARK RELATING TO ThE: JOINT USE AND MAINTENANCE OF SANITARY SE. 1k,' ER FACILITIES # 12 and # 18 . 114 Council Minutes , April 14 , 1969 Mayor Cooley of Minnetonka was present expressing satisfaction 9 . (d ) y with the agreement > lained that thc agreement is temporary and The City Attorney exp Minnetonka . limits the capacity that can be used by b Councilman Galinson , seconded by Councilman It was move y to app Wove and to ai Otho ri z e the Mayor and City Manager Graves ) /lotion carried with six yeas , to execute on behalf if she City e 1 ( Councilman Heltzez' ',arc. `% r�. ot i� 1 es - =1t e HENNEPII�1 GOL' NT `- PF i'' .,Ill NARY PLAN FOR MINNETONKA r Vr; IIUE TO WEBSTER AVENUE BOULE ,TA % D FROM � '`: - �L -� F. ( DEFERRED FROM A PRIL 1969 ) - 1 CouncilmanReynold �� r.: � d = � ✓ ai�re reading and adopt resolution approving the p ; a;l , i' c �� z :. rr. a ::. Ge.linson seconded the motion. After discus : ion , Cc :as1c � '. lr- a P� nynold : �.vithdrew his motion and Councilman Galinson �r. ::; red to tabie , Councilman Graves seconded and the motion carried with fire yeas , ( Mayor Thiel and Councilman Heltzei• were not present j . Councilman Graves expressed his opposition to the ramp behind the service station. and Councilman Koch expressed concern about the free right turn movement , Councilman Graves asked that there oe a sidewalk tin Vernon Avenue from the ramp north ' to Minnetonka Boulevard . Council expressed concern for pedestrian safety in the preliminary plan , (f ) HIGHWAY 100 MEDIAN Councilman Galinson moved that Council go on record stating to the Highway Department and Governor of the State of Minnesota that the median on Highway 100 from the southerly city limits to the northerly city limits is in need of lighting and / or other markings to make it -*risibly to motorists and not a safety hazard ' further informing them that such a request was made over six months ago and no act : oin ha been taken , Councilman Reynolds seconded and the =noti :.r ca j -., Jed with five yeas ( Mayor Thiel and Councilman He -, -Tie _ o not present ) . i 10 . NEW BUSINESS ( a ) TABULATIOr : OF BIDS ALL PURPOSE SPRAYER Councilman- Reynolds moved to designate Associated Producers ► ln ' as the lowest responsible bidde -- and accept bid in the amount of $ 1 , 323 60 , Councilman Grave £ seconded and the motion --� lis Council Minutes , April 14 , 1969 10 . ( a ) carried with five yeas . ( Mayor Thiel and Councilman Heltzer were not present ) . (b ) CITY MANAGER ' S SCHOOL Councilman Koch moved to authorize the City Manager and / or his assistant to go to the City Manager ' s School at the University of Kansas April 2325 , 1969 , Councilman Grw es seconded and the motion carried with five yeas, ( Mayor Thiel and Councilman Heltzer were nog present ) . (c ) SPRING CLEAN UP r Councilman Galinson questioned the need for a spring clean - up . After discussion concerning garbage service and spring clean - up , Councilman Reynolds asked that this be referred to staff for more detailed report concerning items to be picked up and the necessity for a clean - up . ; 11 . MISCELLANEOUS None r 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS None t 13 . ADJOURNMENT i On motion of Councilman Graves , seconded by Councilman Reynolds , the meeting was adjourned at 12 : 10 a . m . by a five yea vote . � onard j . Thi 1 , Mayor Frank oware, President Pro Tem Attest ; Alice M . Carlson , Secretary 116