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HomeMy WebLinkAbout1969/07/14 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING S T . LOUIS PAAK , MINNESOTA July 14 , 19b9 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Thiel at 8 : 16 p . m . 2 . INVOCATION Invocation was given by Councilman Frank Howard , 3 . ROLL CALL The following Councilmen were present at roll call : Murray Galinson James Heltzer Frank Howard Richard Koch Leonard Thiel Also present were the City Manager , City Attorney , City Assessor , Planning Director , City Engineer and Secretary. Councilman Graves arrived at 9 : 00 p . m . and Councilman Reynolds at 8 : 40 p . m . 4 . MINUTES On motion of Councilman Fcoward , seconded by Councilman Koch , the minutes of the regular meeting held June 30 , 1969 and the special meeting held July 7 , 1969 , were approved by a five yea vote . Councilmen Reynolds and Graves were not present . 5 • PUB LIC HEARINGS ( a ) IMPROVEMENT NO. 69 - 17 , ASPHALT PAVING AND CONCRETE CURB AND GUTTER BETWEEN PENNSYLVANIA AVENUE , TEXAS AVENUE , CEDAR LAKE ROAD AND WEST 22ND STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 3 AND lot JUL f 10 , 1969 . Mayor Thiel opened the hearing . The City Manager and City Engineer described the proposed improve - it ment , explaining that due to the condition of the base there would have to be excavation of about twelve to sixteen inches in order to install proper sub - base . Slides were shown indicating the condition 208 �t Council Mi14 , 19 69 nutes , July . ( a ) and the need for the improvement . 5of the streets 2416 Rhode Island , expressed concerned about the Mr . Leo Levy , her than his driveway . he was told fact that the street might be hig ith staff that this could be worked out w if the project is approved . said that base had lr , Alex Astrin , 2214 Pennsylvania A c n erned that unnecessary N in 1965 �.nd was been put in this street • done He was assured that areas which had proper work might be Astrin spoke in base would not be excavated and replaced . b ut the responsibility favor of the improvementHe also asked a rovement . of the developer in this imp Mr . Sam Keslin , 7700 Cedar Lake iZoad , inquired abouttheir share assessment and whether the church would be paayinag th it to of the assessment , He was told that he would p he has according orner the front footage and an additional amount because his improvement . lot and that the church would be paying Mayor 'Thiel declared the hearing closed . Since six members are required to order an improvement , h seconded Councilman Galinson moved to table . Councilman and the motion carried with five yeas . Later in the meeting after Councilman Reynolds arrived , Councilman G. alinson moved carto ried from the table . Councilman Heltzer seconded and the motion with six yeas . RESOLUTION NO , 3791 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3791 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans , Improvement No . 69 - 17 . " Motion carried with six yeas . Councilman Graves was not present . (b ) IMPROVEMENT NO,, 69 - 21 , PROPOSED REMOVAL AND RLCCNr STRUCTION OF R .ETAIN.ING VIALL IN ALLE Y AT 5118 -iNEST 28TH STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISI- ET JULY 3 AND JULY 10 , 1969 . Mayor Thiel opened the hearing . The City Manager described the project as being on the west side of the alley , being constructed in the late 19401s of concrete block The alley has now settled and needs to be replaced . Slides were shown indicating the condition of the retaini g wall and the alleY • With Mr . Larry Ylaetzold , 2741 Salem Avenue , presented a petition the 25 signatures opposing the proposed improvemente He felt that X09 council Minutes , July 14 , 1969 5 . (b ) cost was high and that the wall could be repaired instead replaced . Mayor Thiel closed the hearing , of being After discussion , Councilman Koch moved to defer for two months with a report from staff as to why this wall was built whether by petition or initiated by the City and what precedents have been set in this regard . Councilman Galinson seconded and the motion carried with , ix yeas . Councilman Graves was not present . 6. PETITIONS , .REQUESTS , AND COMMUNICATIONS None 7 . RESOLUTIONS AND Ol? LINANCES (a ) SECOND READING OF PROPOSED ORDINANCE CHANGING THF. ZONING AT 4501 i�, EST 38Th STREET r'RO1V R - 40 ONE TO ELEVEN FAMILY RESIDENCE DISTRICT TO R 2 , SINGLE FAMILY RESIDENCE DISTRICT ( CASE. NO. 69 - 22 - Z . ) . Mr . herb Davis , attorney , was present representing the applicant . ORDINANCE NO, 1072 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Ordinance No . 1072 entitled " An Ordinance Amending the St . Louis Park Zoning Ordinance Changing Boundaries of Zoning Districts . " Motion carried with seven yeas . (b ) RESOLUTION AUTHORIZING REGULATING OF SPEED ON WLST 22ND STREET AND ON QUEBEC AVENUE . RL,. SOLUTION NO . 3792 It was moved by Councilman Galinson , seconded by Councilman ` iieltzer , to waive reading and adopt Resolution No . 3792 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Speed . It N. otion carried with six yeas . Councilman Graves was not present. $ REPORTS OF OFFICERS , BOARDS , ANL COMMITTEES MEN (a ) REPORT OF PjLANNING COMMISSION ( CASE NO . 68 - 32 - S . P . ) $ ECOMMENDING FAVORABLY , WITH CONDITIONS , UPON THE REQUEST OF JERVZi:. LL HALMRAST AND WILLIAM DETERS FOR 210 Council Minutes , July 14 , 1969 RIvA1T TO ALLOW A 20 - UNIT APARTMENT TBUILDINC 8 . ( a ) SPECIAL PL _ 4 ON : TO ELEVEN FA ON ThIvIILf tZ �, SII'rENCE EBT AND IN AN R ) " E NORTHEAST CORNER OF WkEST 16TH S DAKOTA AVENUE ( 6308 WEST 16TH STREE `I ) • ro osed special permit The Planning Director explained to dad acent properties * indicating zoning on the property J Councilman Calinson expressed concern about residents parkinpattern , on the adjacent street and Mayor. Thiel about the traffic RE, SOLUTIOr14 NO , 3793 It was moved by Councilman. Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3793 entitled , " Resolution Granting Permit Under Section 6 : 17 6 . 4 of the St . Louis Park Zoning Ordinance For Twenty - Unit Apartment No buildin Building , 11with the addition of condition No . 9 g permit shall be issued prior to letting of contract for construction of ponding area by the City . Motion carried with seven yeas . (b ) REPORT OF THE PLANNING COMMISSION ( CASE. NO. 68 - 49 - S . P . ) RECOMMENDING FAVORABLY WITh CONDITIONS UPON ThE REQUEST OF 'EDWARD L7 KAVLI AND RICHARD NESLUND FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTIONS 6 : 092 . 1 AND 6 : 176 . 4 OF THE ST . LOUIS PARK ZONING ORDINANCE; TO CONSTRUCT 176 - UNIT APARTMENT BUILDING IN AN R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT , AT APPROXIMATELY 4500 CEDAR LAKE ROAD . Mr . Blaine Harstad ; attorney , 838 Midland Bank Building , represented the Cedar Lake Road Zoning Committee . He presented Council with materials prepared by this Committee which explained their reasons for opposing the proposed special permit . Councilman Koch moved to deny the special permit . Motion was seconded by Councilman Graves . The Planning Director described the area and the zoning . He explained that the density in the area would allow 153 units if the owner subdivided the land . He also indicated that the owner did not at this time have the necessary front footage but had an agreement with the Jewish Community Center for an exchange of land . Mr . Harstad said that the land had not been exchanged and that the Jewish Community Center wanted more time to study this matter . 211 Council Minutes , July 14 , 19b9 8 . (b ) Mr . David Cooperman , 2208 North Willow Lane to the proposed special permit and explained that spoke in opposition with a member of the Board of the Jewish CommunityCenter was told that they had not as yet reached a decision n the er he of a land exchange . matter After further discussion the vote on the motion to den was taken and carried with seven yeas . y Councilman Graves moved that the Planning Commission review the Comprehensive Plan for this area . Councilman Reynolds seconded and the motion carried with seven yeas . (c ) REPORT OF THE BOARD OF ZONING APPEALS ( CASE NO. 68 - 63 - INT . ) REC0M1vIr- LADING THAT THE INTERPRETATION OF SECTIONS 6 : 042 1 and 6 : 042 . 6 OF THE. ST . LOUIS PARK ZONING ORDINANCE AS APPLIED TO THE PROPT!., RTY OWNED BY TliZ LINCOLN BAKING COMPANY BY THE DIRECTOR OF PROTEC - TIVE INSPECTION BE UPHELD , Councilman Galinson moved to set date for hearing on August 4 , 1969 . Councilman Howard seconded but no vote was taken on the motion . After discussion concerning parking problems in the area Councilman Heltzer moved to table . Councilman Graves seconded and the motion lost 3 - 4 , Councilmen Galinson , Howard , Reynolds and Mayor Thiel voting nay . Mr . Mark Rodman , attorney , was present representing the Lincoln Baking Company . He indicated that the Lincoln Baking Company would cooperate with the city and surrounding businesses in any reasonable manner to solve the parking problem in the area . lie stated that he had no objection to Council ' s tabling this matter for further study . Councilman FLoward moved to table this matter . Councilman Koch seconded and the motion carried 5 - 2 , Councilman Reynolds and Mayor Thiel voting nay . Councilman Galinson asked that this matter be placed on the September 8 agenda so that he might remove it from the table . (d ) REPORT OF PLANNING COMMISSION ( CASE NO. 69 - 27 - Z & ) RECOMMENDING UNFAVORABLY UPON ThE REQUEST OF FRANK LUNDBEaC4 AMERICAN LEGION POST TO REZONE LOT 32 , BLOCK 3 , SUBURBAN HOM'=1S COMPANY (4139 212 Council Minutes , July 14 , 1969 8 , (d ) YOSF', IviITE ) F ,. O Nl :� _ 2 , SINGLE F'AN:IL �Y ,�ZF; SIDENCE DISTRICT , TO RB , RESIDENTIAL BUSINESS DISTRICT * b Councilman Galinson to deny the rezoning . Motion It was moved y lost for lack of a second . Graves moved to set date for public hearing August 4 , Councilman Councilman Reynolds but after some 1969 . Motion was seconded by Councilman discussion Councilman Graves withdrew his motion * Councilman Galinson d 28 , 1969 , Councilman Howard moved to defer to July seconded and the motion carried unanimously . Council Post td oe that during the interim Staff work with �' erican problems * Legion help them in a solution to their parking pr ( ) e REPORT OF THE PLANNING COMMISSION ( CASE NO • 69 - 2 ROSI � REG OMM�� 1\1DING UNFAVORABLY UPON T1' E REQUEST O' T', NCRT14 ONE - HALF OF KAPPIS TO REZZON �- LOTS 25 AND Tl-i _ LOT 26 , NORWALDO , INCLUDING THE.* ADJACENT ONE - FLALF OF THE VACATED CN THE NORTH ANDTTEE ENTIRE ADJRACENT VACATED ALLEY TO THE EAST ( 3121 �r : 3SBSTER ) FROM , SINGLE FAMILY RLSIDENCE DISTRICT , TO B - 1 , BUSINESS DISTRICT . It was moved by Councilman Howard , seconded by Councilman Graves , to accept the petitioner ' s request to withdraw her application . Motion carried with seven yeas , (f ) REPORT OF CONSULTING ENGINEERS CONCERNING TRAFFIC STUDY , li1EST 38TH STREET FROM FRANCE AVENUE TO EXCELSIOR BOULEVARD , Councilman Graves moved to accept the report and set date for Council action July 28 for Improvement Noe 69 - 183 notifying property owners involved . Councilman Howard seconded and the motion carried with seven yeas Councilman Reynolds suggested possible solutions such as eliminating left turns on France Avenue , 38th Street , 39th Street , and 40th Street , possibility of one - laning and cul - de - sacing some streets in the area and a free right turn from Excelsior on to France Avenue . i Mr . Be Rottinghaus of Howard , Needles , Tammen , and Bergendoff introduced Mr . Tom McMahon who explained the manner in which the traffic study was conducted and how and when the counts were taken . Thero osed solution was to widen West 38th Street and prohibit commercial vehicles . The other alternative was diversion which was not considered to be an 213 Council Minutes , July 14 , 1969 8 . (f ) acceptable solution . Councilman howard was concerned about putting more traffic on this street and suggested the upgrading of the intersection of France Avenue and :' xcelsior Boulevard . Mr . Rottinghaus said it would be hard to orient people to take the longer distance . Mr . Stan ivirozek , 3754 Inglewood , expressed concern for the safety of children going to the park and crossing heavily traveled 38th Street . Councilman Calinson suggested that Staff should look to alternative routes and alternative methods of stopping the traffic . ( g ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 69 - 26 - MISC & ST ) RELATIVE TO PARKING STUDY FOR THE AREA NEAR LAKE STRi; FT AND DAKOTA AVENUE moe REQUESTED BY COUNCIL, Councilman Galinson moved to refer to staff for engineering and assessing reports . Councilman 1"Floward seconded and the motion carried with seven yeas . Councilman Heltzer suggested the following policy be adopted regarding illegal use of setbacks where they are related to inadequate parking : That there should be a professionally conducted study ( consultants ) of the parking needs and recommendations submitted to the Council ; effected owners and proprietors be contacted and informational meetings be held ; cooperation of the effected owners and proprietors sought for the proposed solutions to their parking problems ; close cooperation maintained with the Chamber of Commerce ( supporting letters and joint sponsorship of informational meetings ) ; parking solution be integrated into the plans for public utility and street improvement plans for the area ; enforcement of setback requirements of the zoning code in these specific areas be withheld as long as satisfactory levels of cooperation are main - tained between the City and the effected property owners . Councilman Howard suggested that these specific areas should be defined . The City Attorney explained that in cases where streets would be used as parking areas thej should not be vacated but the parking use designated . Mr . Harold Posnick , 2601 Princeton Avenue , felt the City was taking the right approach and was in favor of Councilman Heltzer ' s Suggested policy . 214 co unci Minutes , July 14 , 1969 OF EN GINEER RELATIVE TO TRAFFIC STUDY 8 . (h ) REPORT — �- � GAD AND EDGEW OOD AVENUE E LIOT V IAV`' R Councilman Craves mously . moved to file the report . Councilman Koch seconded and the motion carried unani ggested that Staff contact Mr . Drager who Councilman Galinson su requested this study . (i } MINUTES OF BOARD OF ZONING APPI" ALS MEETING HELD JUNE 261 1969e being no discussion , Mayor Thiel ordered the minutes to There g be received for filing . (J ) MINUTES OF PLANNING C OMMISS ION IviEE TING HELD JULY 21 1969 . There being no discussion , Mayor Thiel ordered the minutes to be received for filing * i k MINUTES OF PARKS AND RECREATION ADVISORY COMMISSI 'N MEETING hELD JULY 9 , 1969 . Councilman Galinson moved that Council go on record as wishing to participate in the joint development of tennis courts at Westwood Junior High with the St . Louis Park School Board and that this motion be forwarded to the School Board for action . Councilman Graves seconded and the motion carried with seven yeas . Commission Council suggested that the Parks and Recreation Advisory list, study the entire City and its need for tennis courts with a priority Councilman Galinson requested that Staff look into the possibility of federal funds for tennis courts . 9 . UNFINIShED BUSINESS 1 - ( a ) REPORT OF THE BOARD OF ZONING APPEALS ( CASE NO. iglV117 VAR . RECOMMENDING A VARIANCE BE APPROVED TO PL AN ATTACHED D OUBLL GARAGE WITH A 24 FOJOT FRONT Y ARD AND 11 FOOT SIDE YARD AT 2525 FLA. C. AVENUE ( REFERRED TO1969 ) BOARD OF ZONING APPEALS BY COUNCIL APRIL 28 , RESOLUTION NO, 3794 It was moved by Councilman Galinson , seconded by Council ted , howard , to waive reading and adopt .resolution No . 3794 en • 215 Council Iviinutes , July 14 , 1969 9 , ( a ) " Resolution Granting Variance of Section 6 ; 064 . 1 and Section 6 : 064 . 5 of the Sty Louis Park Zoning Ordinance . 11 Mot carried unanimously . (b ) FOLIC f GOVERNINC: CITY COUNCIL 1vix. 1INCrS RE_ _.., ,� ( QUESTED BY COUNCILMAN C�ALINSON - D�; FER .� EI; rtROM JUNE 9 , 1969 ) 0 Councilman Reynolds moved to table this matter . councilman Graves seconded and the motion carried 6 - 1 , Councilman Gal * voting nay . ( c ) LAND ACQUISITION - DEED FROG/ B ; UGENS - IMPROVElbiI: NT OF VEST 26TH STREET . , p7 Councilman Graves moved to accept deed and authorize City Clerk to file same for record and authorize payment therefor . (045; 0Ce04re Councilman heltzer seconded and the motion carried unanimously. 10 . NEW BUSINESS ( a ) AUTHORIZATION OF CONDEMNATION - LAND FOR ADDITION TO W OLFE LAKE PARK , RESOLUTION NO, 3795 It was moved by Councilman Graves , seconded by Councilman heltzer , to waive reading and adopt Resolution No . 3795 entitled , " Authorizing Taking of Land by ,imminent Domain for Park Purposes Addition to Proposed Wolfe Lake Park . " Iv�otion carried unanimously . ( b ) EMPLOYEE APPOINTMENT AND REASSIGNMENT Councilman Reynolds moved to consent and approve the following reassignments : I-iarlan Backlund to Water and Sewer Maintenance Man I and Erik Zalitis to Pump Station Mechanic I . Councilman Graves seconded and the motion carried unanimously . ( c ) PROPOSED CHANCE: ORDER NO. 1 TO PAVING CONTRACT Vt� ITI-, BLACKTOP SERVICE CO. , IMPROVEI&IE T NO. 69 - 02 It was moved by Councilman Graves , seconded by Councilman Heltzer , to approve Change Order No . 1 adding $463 . 00 to the present contract and authorize the City Manager to execute . Motion carried unanimously . (d ) COMMISSION APPOINTMENTS Councilman Howard moved to appoint Carter DeLaittre to fill temporary vacancy on the Parks & Recreation Advisory Commission 216 '� Council Minutes , July 14 , 1969 batical leave of Mr . Eugene Y right . Councilman loo ( d ) caused by sab Heltzer seconded and the motion carried 6 - 1 , Councilman Heltzer voting nay * ( e ) CO UNT Y - CITY COOPERATIVE CONTRACTv 36TH STREET EXTENSION TO COUNTY ROAD NO• 18 . It was moved by Councilman Graves , seconded by Councilman Reynolds , to concur with bid acceptance . Motion carried unanimously . (f ) COUNT f hIGHVJAY DEPARTMENT PLANS Councilman Heltzer moved that the staff work with theCitizens Advisory Committee to reviens ew the County highway p make recommendations to Council where they feel it is necessary and that the Chairman of the Planning Commission appoint a member to this committee . Councilman Graves seconded and the motion carried unanimously . 11 . MISCELLANEOUS ( a ) CONSULTANT ' s INVESTIGATIVE GROUND V`: ATER PROPOSAL Councilman Heltzer asked that this item be placed on the July 21 agenda with a meeting beginning at 7 : 30 p . m . and that the consultants be asked to appear . (b ) MEETING OF BOARD OF REVIEW It was moved by Councilman Koch , seconded by Councilman Graves , that the Board of Review reconvene at 4 : 00 P . M . , July 17 , 1969 . Motion carried unanimously. 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS (a ) VERIFIED CLAIM On motion of Councilman Graves seconded by Councilman Reynolds , the lists of verified claims prepared by the Director of Finance and presented to the Council dated July 14 , 1969 in the total amounts of $ 13 , 438 . 96 for payroll , and $ 31 , 617 . 66 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 . 217 Council Minutes s , July 14 , 1969 12 . (b ) PAYMENTS ON CONTRACT WORK On motion of Councilman Graves , seconded by Councilman 1-ieltzer , the following payments on contract work presented b the City Lngineer were approved , and the City Manager ,, Cit Cler and City Treasurer were authorized to issue checks f or �their k respective amounts by a seven yea vote : 1 . Partial Payment No . 5 , C L. Contracting , Inc . Improvement Nos , 65 - 45A , 65 - 45B , 65 - 45C , 65 - 68B , 67 - 43 , 67 - 58 , 66 - 25 , 66 - 261 67 - 32 , 68 - 06 , 68 - 08 , and 68 - 13 , Storm Sewer , Sanitary Sewer and Water Main $ 6 , 192 , 03 2 . Partial Payment No . 2 , Blacktop Service Co . , Improvement Nos . 69 - 02 and 69 - 191 asphalt paving , concrete curb and gutter and sidewalk repair - $ 104 , 258 . 08 . 13 . ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Koch , the meeting was adjourned at 12 : 30 a . m . by a seven yea vote . r Le and J . Thief, Mayor Attest : , Alice M , Carlson , Secretary 218 l