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Home My WebLink About1969/04/07 - ADMIN - Minutes - City Council - Regular r OF GIT � GpUNCIL MEETING MINUTES MINNESOTAS T . LOUIS PAR 6�9 April ? , 9 1 � CALL TO ORDER it Council was called to order by A regular meeting of the City Y Mayor Thiel at 8 : 02 Porn * 2 . INVOCATION give by Rev • Larry Houseman of the Aldersgate Methodist Invocation was g Church . 3 . ROLL CALL win Councilmen were present at roll call : The follo g Murray Galinson 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 , City Assessor , and Secretary . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Koch , the minutes of the regular meeting held March 24 , 1969 and the special meeting held March 31 , 1969 were approved by a seven yea vote with the following change : Page 93 , third line from bottom of page , change " blameless " tolharmless " . Police Chief Clyde Sorensen introduced the new police officers and Mayor Thiel presented award to Officer John Fitzgerald as the highest in the class that graduated from the Police Academy . I 5 . PUBLIC HEARINGS (a ) PROPOSED VARIANCE FROM PROVISIONS OF SECTION 60e064 # 5 OF THE ZONING ORDINANCE TO PERMIT A LOT NVIDTY` OF � SIXTY - FIVE FEET INSTEAD OF ThE. REQUIRED SEVENTY FIVE FE ET AT 2640 MONTERE Y AVENUE , AS DESCRIBED IN NOTICE OF HEARINC PUBLISHED MARC -FI 13 , 1969 ( CASE No. 69 - 10 - VAR . ) REQUESTED B Y ELLY PHILLIPS . ( HEARING CONTINUED FROM/ MARCH 24 , 1969 ) . 99 Council Minutes , April 7 , 1969 5 . ( a ) Mayor Thiel opened the hearing . The Planning Director explained the possible linkage of Fern Hill to Twin Lakes . The Planning Commission recommended against this parcel being made a part of that linkage . They favor the linkage as shown on the Comprehensive Plan . Mr . Allen Engen , 5005 V, est 36th Street , representing the applicant , r urged approval of the variance . It was indicated that the Parks and Recreation Director had been notified of this request for variance and did not indicate it would create a problem . There being no one else present interested in this matter , Mayor Thiel declared the hearing closed . RESOLUTION NO, 3701 It was moved by Councilman Koch , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3701 entitled , " Resolution Granting Variance in Lot Width from Requirements of Section 6 : 064 . 5 of the St . Louis Park Zoning Ordinance . " Motion carried with seven yeas . (b ) IMPROVEMENT NO. 69 - 18 , ASPhALT PAVING , CONCRETE CURB GUTTER AND SIDEWALK FROM FRANCE AVENUE TO EXCELSIOR BOULEVARD ON WEST 38Th STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCh 20 AND MARCH 270 1969 . Mayor Thiel opened the hearing . The Director of Public Works summarized the project , indicating the heavy traffic volumes on this street and explaining requirements needed to make this a state aid street . Stanley Mrozek , 3754 Inglewood Avenue , presented petition signed by 109 residents indicating they wanted improvement without widening , additional stop signs along Nest 38th Street at all intersections and limitation of the use of this road to pass tinge r and light weight vehicles . He also presented letter in opposition to the improvement from M . L. Hoidahl , 3800 France Avenue South . Mr . Colby H. Skinner , 3801 Glenhurst Avenue , expressed concern indicated about traffic and Indic opposition to sidewalks . Edward E . Cooney , 3804 Inglewood , Tony Nfiao , 3755 Joppa , Cobert Sandberg , 3750 Inglewood , Don Balke , 3755 Inglewoodr and C1 ► tea Moe , 4305 West 38th Street , were opposed to widening of the street 100 ncil Minutes , April 7P 1969 Cou concerned about traffic problems • 5 • (b ) and co su ested 38th Street Mr . Gordon Smith , 3805 Inglewood Avenue , gg be closed at Westmoreland intersection . r obl e m s but felt that Council indicated a concern for the traffic a practical solution ' professional assistance was needed to p I to these problems . Ma or Thiel declared the hearing closed . Y an Re nolds moved that action on this project be Councilm Y erred and that a consultant be hired to consider the entire area def 40th Street and Natchez Avenue and I bounded by France Avenue , ilman Graves seconded and the motion Excelsior Boulevard . Counc i carried unanimously . Councilman Reynolds moved that Howard , Needles , Tammen and Bergendoff be employed as the consultants for this studusl Council - man Galinson seconded and the motion carried unanimo y c IMPROVEMENT NO. 69 - 02 , PAVING , CURB AND GUTTER IN SOUTHEAST PORTION OF TIzE CITY , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED Iv ARCh 13 AND 20 , 1969 . Mayor Thiel opened the hearing . The Director of Public V orks gave a summary of the project , explaining in some detail with the aid of transparencies , slides and maps . He indicated that traffic counts had been taken , as well as soil borings . He explained the differences in construction as it pertains to traffic volumes and quality of subsoil . The City Assessor explained the assessment per front foot , a maximum of $ 8 . 00 per front foot and indicated methods of paYmeIlt' Mr . Donald F. Knott , 3944 Kipling , questioned the effect of this project on storm sewers put in last year on 40th Street between I Kipling and Joppa and was told that this was not in the projeCt • Councilman Howard explained the background of the paving po"Cy ' which would eventually put permanent streets in where all under + ground utilities are complete in a particular area . t�hez � i Chalmar Hughes , 3819 Glenhurst , Richard Ashley , 3963 Natche7 , Norma Farmer , 2Avellue 9 3 9 Kipling , Tom Stephenson , 3605 Lynn 3721 Ge R . Kammeier , 4701 West 40th Street , Clarence Stieh ' � 101 E , Council Agenda , April 7 , 1969 r f 5 . (c ) Glenhurst , Morris Nelson , 3600 Lynn Avenue , Sam Milva , 3541 Glenhurst , James McGie , 3526 Glenhurst , Don Balke 3755 r Inglewood , Dave Johnson , 3905 Vallacher , and Gil Brothen , 3727 Joppa Avenue had objections to removing good curb and gutter and concrete aprons . Mr . McGie presented petition of 16 people on 35th and Glenhurst opposed to both Improvements No . 69 » 02 and 69 - 19 . Mr . Ashley was told that some of the curb and gutter on Natchez was good and could be left in. They were also informed that concrete aprons could be left , but that labor to do this might f be just as costly as new ones . f: Florence Burley , 4015 Excelsior Boulevard and Mrs . Anthony ; Peterson , 4031 Excelsior Boulevard questioned whether they would � be sharing in the cost of this improvement . They were told they .1 would not be assessed for this project . F Mr . Les Spiegel , 4814 Vest 41st Street , was concerned that his street would be narrow . He was informed that there is a 40 ft. right - of - way on this street . Mr . R . S . Ferguson , 4608 Vallacher , asked if concrete had been considered but was told that it was felt that asphalt was adequate j surfacing for residential streets . C . J . Duryea , 3615 Kipling and Larry Young , 3560 Princeton , favored the improvement . Mayor Thiel declared the hearing closed . Councilman Galinson moved that resolution be amended to not replace curb and gutter on west side of Natchez Avenue from Valla. cher to 40th Street and east side of Natchez from 39th Street to 40th Street. Councilman Reynolds seconded and the motion carried unanimously . i LSOLUTION NO. 3702 It was moved by Councilman Reynolds , seconded by Councilman Galinson , to waive reading and adopt resolution No . 3702 entitled " Resolution Ordering Improvement and Ordering Preparation of Plans , Improvement No . 69 - 02 . Motion carried unanimously . (d ) IMPROVEMENT NO. 69 - 19 , SIDEWALK REPAIR IN SOUTHEAST ESCRIBED IN NOTICE OF I-SEARING PAVING DISTRICT , AS D PUBLISHED 1%AA C1-s 20 AND MARC27t 1969 . Mayor Thiel opened the hearing . Mrs . Anthony Peterson , 4031 Excelsior Boulevard , questioned whether she would be assessed for this project . She was told she would not . I 102 Council Minutes , April 71 1969 5 , ( d ) RESOLUTION NO. 3703 was moved b Councilman Heltzer , seconded by Councilman It Y 3 703 entitled Graves , to waive reading and adopt Resolution No . " Resolution on Ordering Improvement and Ordering Preparation of Plans , Improvement No . 69 - 19 . " Motion carried unanimously . (e ) PROPOSED PRELIMINARY FLAT OF SHELARD PARK ( NORTH OF HIGHWAY 12 AND WEST OF COUNTY ROAD 18 ) REQUESTED BY SHELARD DEVELOPMENT CO . , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCH 272 1969 . Mayor Thiel opened the hearing . Shelard Development Company was represented by Sheldon Wirt , Richard Leary , Jim Harrington , Sam Kaplan and Gene Hokanson . The Planning Director described the proposed preliminary plat , its planned development and traffic patterns . Mayor Thiel questioned whether the City could furnish an adequate supply of water . The Director of Public V', orks said they could . After discussion concerning setback requirements requested by Minnetonka , fire and police protection and dedication of an outlot on the plat , Mayor Thiel declared the hearing closed . Councilman Reynolds moved approval of the preliminary plat with the provision that all recommendations in the reports of the Planning Director and Director or Public Works be met before the final plat as follows 1 . Better commitment on the use , design and function of Betty Crocker Drive extended westerly , The preliminary plat shows the street extension abutting the municipal line . The Village of Plymouth has mentioned that it will probably require E dedication of an additional forty feet of street along the north side of the roadway , and two north - south streets would be connected to this facility . There is , however , no guarantee that this dedication will ever take place . Furthermore , if an additional dedication is made in Plymouth abutting and adjacent to the proposed street , then some agreements with the city for maintenance , use , and tale type of construction must b ® ' formally reached , 2 . A radius should be platter} at Ford Road and the intersection of Betty Crocker Drive , 103 i� 1 Council Minutes , April 7 , 1969 i e ) 3 . The outlots should be designated on the plat as park , S 5 . � � and they should be dedicated to the city in the memorial on the final plat . F 4 . The protective covenants need to be tightened up with respect to land use and control over development . 11f 5 . Setback lines shown on tie preliminary plat may be increased for structures over thirty feet high on the site , in accordance with zoning requirements . 6 . An amendment to the subdivision ordinance permitting the use of dedicated park land for density will have to be approved prior to adoption of the final plat . r 7 . The city will have to negotiate or include in its contract with the sub - divider the grading , landscaping and develop - ment of a public park . C f 8 . It is assumed that Ford Road and Shelard can be linked up with a service road paralleling Highway 129 r f 9 . The lowest basement floor elevation be established and located for the development prior to final plat preparation , because of the low proximity to Bassets Creek flood levels . 4 10 . All manholes on easements shall be accessible to City maintenance equipment . . ( Trucks and Cleaning machines ) . 11 . Service connections shall be provided to all lots to the property line Councilman Graves seconded and the motion carried unanimously . 6 . PETITIONS , RL. QUESTS AND COMMUNICi�-. TIONS a NOTIFICATION OF INTENT TO HOLD BINGO GAMES - BY ST . LOUIS PARK VETERANS OF FOi-jEIG N WARS Mayor Thiel ordered the notification There being no objection , to be received for filing . 7 . RESOLUTIONS AND OZDINANCES B Y COUNCIL,,, PROPOSED CHARTER C13ANG , S - REQUESTED MAN GRAVES MARCH 24 , 1969 ) . 104 Council Minutes , April 71 1969 RESOLUTION NO. 3704 f 7 . ( a ) d b Councilman Graves , seconded by Councilman It was move y 3704 entitled H eltzer , to waive reading and adopt Resolution No . " Resolution Proposing Charter Amend onsse separate The Howard asked that each section be voted 1 Mayor Thiel voting nay ; vote was as follows : Section 2 . 04 , ' n 5 . 02 , 6 - 1 , Mayor Thlel voting nay ; Sec �� ion 5 . 04 , 6 tin Sectio l Mayor Thi. el voting nay; Mayor Thiel voting nay ; Section 6 . 02 , - , y Section 6 . 07 - Councilman Graves moved to amend " . . . by a vote of at least five members . . " Councilman Koch seconded the amendment, Vote on the amendment 5 - 2 , Councilman I�oward and Mayor uncilmen voting nay . Vote on the original motion carried 4 - 3 ' Councilman • Section 6 . 08 Co Howard , Reynolds and Thiel voting nayec , Graves moved to amend " . . . by a vote of at least five members . . . " Councilman Koch seconded . Vote on this section carried hiel ' s Councilmen Reynolds , Howard and 'Thiel voting . Mayor T opposition was because the Charter Commission had been by - passed . 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES (a ) MINUTES OF PLANNING COMMISSION MEETING HELD MARCH 19 , 1969 Upon hearing no objection , the Mayor ordered the minutes to be received for filing . ■a (b ) MINUTES OF BOARD OF ZONING APPEALS MEETING HELD MARCH 271 1969 Upon hearing no objection , Mayor Thiel ordered the minutes to be received for filing . ( c ) REPORT OF THE BOARD OF ZONING APPEALS ( CASE NO. 69 - 1 - VAR . ) RECOMMENDING FAVORABLY , WITH CONDITIONSP UPON THE REQUEST OF ADELINE 0' LSNER FOR A VARIANCE FROM THE PROVISIONS OF SECTIONS 6 : 064 , 1 AND 6 : 064 . 5 OF THE ZONING ORDINANCE TO PERMIT A GARAGE IN A YARD OTHER THAN A REAR YARD AND LO; A TED WITHIN SIXTY FEET OF THE FRONT LOT LINE AND Jo.T ITHIN TWO FEET OF TYLE SIDE LOT LINE FOR PROPERT f LOCATED IN AN R - 1 DISTRICT AT 2525 FLAG AVENUE . It was moved by Councilman Reynolds , seconded by Councilman Graves , to set date for public hearing on April 28 , 1969 . 105 Council Minutes , April 7 , 1969 g . ( d ) REPORT OF LABOR ADJUSTMENT PANEL Upon hearing no objection , Mayor Thiel ordered the report be received for filing . 9 . UNFINISHED BUSINESS ( a ) SIGNAL CONTROL BOX - 36TH STREET AND TEXAS AVENUE Councilman Heltzer explained that a resident complained concerning the location of a control box adjacent to his property at 36th Street and Texas Avenue . Councilman Heltzer moved that the City enter into proper procedures to change the location of the traffic control box from where it is now located to the school property. Council - man Reynolds seconded . Councilman Calinson suggested that he could see no reason why it should not be moved if the resident wants to assume the expense . Mr . Donald P . Blount , 3543 Texas Avenue , indicated that he would be willing to move it himself but would not be willing to pay the price quoted by the contractor . Motion lost 3 - 4 , Councilmen Galinson , Howard , Koch and Thiel voting nay. (b ) GUN CONTROL ORDINANCE Councilman Galinson requested that the gun control ordinance be placed on the agenda for the first meeting in June , 1969 . r 10 . NEW BUSINESS C 1 -� ROADSIDE BEAUTIFICATION ( a ) HENNEPIN COUNTY ON COUNTY ROAD 18 FROM_-PROJECT BOULEVARD TO TRUNK HIGHWAY NO. 55 . RESOLUTION NO. 3705 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3705 entitled , " Resolution Approving Construction Plans , Hennepin County Project 6634 , Roadside Beautification of County State Aid Highway No . 18 . " Motion carried unanimously . (b ) HENNEPIN COUNTY PRELIMINARY PLAN FOR MINNETONKA BOULEVARD FROM SALEM AVENUE TO VVEBSTER AV ENUE 106 Council Minutes , April 7 , 1969 opposed to the free right turn on Minnetonka 10 . (b ) Councilman Koch was opp � Boulevard . to defer this matter . Councilman Graves Councilman Froward moved seconded and the motion carried unanimously . ( c ) CONDEMNATION OF OTTEN PROPERTY RESOLUTION NO . 3706 It was moved by Councilman Graves , seconded by CouncO� an entitled , Galinson , to waive reading and adopt Resolution No . " Resolution Authorizing Taking of Land by Eminent Domain for Street Purposes and Other Municipal Usesed . Motion carri unanimously . RESOLUTION NO. 3707 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3707 entitled , " Resolution Authorizing Taking of Land by Eminent Domain for Storm Sewer , Drainage and Ponding Area Purposes an d Other Municipal Uses . " Motion carried unanimously . 4 t ( d ) TAX RATE - LIMITATION IN INCRZASE Councilman Howard moved to oppose the bill in the State Legislature �+ limiting increase in tax rate to 576 per year . Councilman Galinson seconded and the motion carried unanimously . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Holly Broz , 4184 Xenwood Avenue Councilman Reynolds moved to file claim with the City Clerk for proper action by the City Manager and City Attorney . Councilman Howard seconded and the motion carried unanimously . (b ) RESIGNATION OF COMMISSION MEMBER Mayor Thiel informed Council of the resignation of Lloyd Graven ► , Chairman of the Human Rights Commission . It was suggested consideration be given to appointing a new member to this commission at the meeting of April 21 . 107 Council Minutes , April 7 , 1969 12CLAIMS , APPROPRIATIONS , AND CONTRACT PA 'fMENTS (a ) VERIFIED CLAIMS On motion of Councilman Koch , seconded by Councilman Graves , the lists of verified claims prepared by the Director of Finance and presented to the Council dated April 7 , 1969 in the total amounts of $ 2 , 286 . 50 for payroll , and $ 83 , 039 . 94 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 . 13 . ADJOURNMENT On motion of Councilman Reynolds , seconded by Councilman Graves , the meeting was adjourned at 2 : 15 a . m . , by a seven yea vote . Le and J . Th', Mayor i Attest : r Alice M. Carlson , Secretary 108