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Home My WebLink About1969/08/18 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST , LOUIS PARK . , MINNESOTA . 1 ^ 1969 1 , CALL TO ORDER August C meeting of he i A regular ty Council was called to order by Mayor Thiel at 8 : 10 Po mu 2 . INVOCATION ATION I Invocation was given by Rev , Fathe : Cecil Houle of the Holy Family Catholic Church . 3 . ROLL CALL The following Councilmen were present at roll call : James heltze r 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 8 : 25 pm . 4 . MINUTES On motion of Councilman Howard , seconded by Councilman Reynolds , the minutes of the regular meeting held August 4 . 1969 and the special study meeting held August 11 , 1969 , were approved by a four yea vote with the following amendment : Item 11 ( c ) , page 245 , 1st paragraph , last sentence be changed to read . " Councilman Foch seconded and the motion lost 3 - 29 Mayor Thiel and Councilmen Reynolds and Howard voting nay . it 5 . PUBLIC HEARINGS (a ) REQUEST OF CHESTER L . ANDERSON FOR A VARIANCE FROM' SECTIONS 6 : 074 , 5 AND 6 : 074e 2 OF TfiE ZONING ORDINANCE IN SIDE AND FRONT YARD SETBACK REQUIREMENTS TO PER , AN ATTACHED DOUBLE GARAGE AT 4200 W OODDALE AVENUE (CASE NO. 69 _ 24 - VAR , ) , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 7 , 1969 Mayor Thiel opened the hearing . Mr , and Mrse Chester Lt Anderson , 4200 Vv ooddale , appeared in 249 � 1 council Minutes , August 18 : 1960 5 . (a ) favor of the requested i' azalance . They indicated that the y now a new plan which would change the placement of the entrance had garage ce of the After discussion concQrn ;. g .the legality of the variance and since there was a change in the plan , Councilman Meltzer moved to refer the matter baci: to the Board of Zoning Appeals . Councilman Reynolds seconded and trc inot1. on carnia: d -NFrith five yeas . (b ) REQUEST OFLESLIE BARTON ( CASE NO , 69 - 37 - VAR . ) FOR VARIANCE. FROIN/i SECTION 6 : 1 i . 2 , SUBDIVISION 3 , OF THE ZONING ORDiNANCZ TG PERMIT A. SIGN OF 25 SQUARE FEET INSTEAD OF 6 SQUARE FEET AT 4820 MINNETONKA BOULEVARD , AS DESCRIBED :. N NOTICE OF HEARING PUBLISHED AUGUST 7 , 1969 . Mayor Thiel opened the nearing . Mr . Leslie Barton , 410c Cedarwood Road , appeared urging approval of the requested variance When asked if this was a legal variance the City Attorney indicated that it was not ; that the sign size was controlled by the actual zoning rather than the use . fie said he would be willing to look into a way to do this but at the present time he could see no legal way to grant a variance . After further discussion , Mayor Thiel declared the hearing closed. Councilman Heltze r moved that the variance request be denied . Councilman Howard seconded and the motion carried with five yeas . (c ) REQUEST OF A . J . RAMEE ( r#ASE NO^ 69 - 29 - VAR . ) FOR A VARIANCE FROM SECTIONS 00044 , 1 AND 6 : 064t, 5 OF THE ZONING ORDINANCE RELATIVE TO SETBACK REQUIREMENTS TO PERVIT A DETACHED DOUBLE GARAGE AT 8616 CEDAR LAKE ROAD , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 7 , 1969 . Mayor Thiel opened the hearing At the request of the applicant , Councilman Howard moved to continue the hearing to September 89 1969 • Councilman Graves seconded and the motion carried with five yeas (d ) REQUEST OF RONALD HOFSTEDT ( CASE NO. 69 - 36 - VAR . ) FOR VARIANCE FROM SECTION 6 : 064 5 OF THE ZONING ORDINANCE RELATIVE TO SETBACK REQUIREMENTS TO PERMIT AN ATTACHED 250 Council Minutes , August 18 , 1969 • , AS DESCRIBED IN NOTICE OF GARAGE; AT 9111 CLUB ROAD ' 7 , 1969 . 5 . Ed ) HEARING PUBLISHED AUGUST Mayor Thiel opened the hearing . Mr . Ronald Ho fstedt1 9111 Club Road , appeared urging approval of the requested variancee interested in this matter , Mayor There being no one resent i closed . Thiel declared the hearing uested variance . Councilman Howard moved to deny the o ton married 4 - 1 , Councilman Councilman Heltzer seconded and th Reynolds voting nay . Councilman Howard moved to refer the matter of attached ga rages to the Planning Commission for a recommendationt oCouncilman change in the ordinance might effect light , s th f five etc .Bas . Reynolds seconded and the motion carried w Y (e ) REQUEST OF FRANK LUNDBERG AMERICAN LEGION POSY TO REZONE LOT 32 , BLOCK 3 , SUBURBAN HOMES COM NCE i (4019 YOSEMITE ) FROM R - 21 SINGLE FAMILY RESIDENCE DIS TRIC T , TO RB ; RESIDENTIAL BUSINESS D R U LY 31 �1969 DESCRIBED IN NOTICE OF HEARING PUBLISHED ( CASE NO. 69 - 27 - Z . ) . Mayor Thiel opened the hearing . Mr . Arthur Caine , 4033 Xenwood , spoke for a neighborhood group opposing the zoning change . He described in some detail adjacent properties , their zoning and use . There being no one else present interested in speaking on this matter , Mayor Thiel closed the hearing . It was moved by Councilman Reynolds , seconded by Councilman Graves , to deny the request for rezoning . Motion carried with five yeas • 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS None 7 . RESOLUTIONS AND ORDINANCES PARTh� �; 1 (a ) RESOLUTION AUTHORIZING AGREEMENT N ITH U . So DF, G OF HOUSING AND URBAN DE RELATIVE To pUB VE LOPMI✓ NT WORK PLAN PREPARATION . 251 Council Minutes , August 18 , 1969 7 . ( a ) RESOLUTION NO. 3811 It was moved by Councilman fieltzer , seconded b to waive reading and adopt Resolution No . 3811 entitle Graves , Authorizing Agreement with United States Department of d , " Resolution Urban Development Relative to Public Work Plan Preparation ,ousing and carried with five yeas , " Motion (b ) RESOLUTION RECEIVING PETITION , PRELIMINARY REPORTS AND PLANS AND SPECIFICATIONS ) APPROVING SAME , ORDERING IMPROVEMENT AND AUTHORIZING CONTRACT TO INCLUDE IMPROVEMENT NO. 66 - 50 IN EXISTING CONTRACT FOR IMPROVE - MENTS NO. 69 - 02 AND 69 - 198 PAVING , CURB AND GUTTER AND SIDEV TA LK REPAIR RESOLUTION NO, 3812 It was moved by Councilman Reynolds , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3812 entitled , " Resolution Receiving Petition , Preliminary Reports and Plans and Specifications , Approving Same , Ordering Improvement and Authorizing Contract to Include Improvement No . 66 - 50 in Existing Contract for Improvement Nos . 69 - 02 and 69 - 19 , Paving , Curb and Gutter and Sidewalk Repair . " Motion carried with five yeas . (c ) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES - SPECIAL ELECTION SEPTEMBER 9 , 1969 - GENERAL OBLIGATION BOND REFERENDUN , HENNEPIN COUNTY GENERAL HOSPITAL. RESOLUTION NO. 3813 It was moved by Councilman Reynolds , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3813 entitled , " Resolution Setting Polling Places and Naming Election Judges for Special Election September 9 , 1969s " Motion carried with five yeas . (d ) RESOLUTION CALLING ASSESSMENT HLARING ON IMPROVEMENT NOS * 66 - 24 , 66 - 72 , 68 - 16 , 68 - 170 AND 68 - 46 . RESOLUTION NO. 3814 It was moved by Councilman Howard , seconded by Councilman Graves , to Waive reading and adopt Resolution No . 3814 entitled , " Resolution P 68_ Hearing on Proposed Special Assessment Improvement Nos . 66 - 24 , 16 , 68 - 17 , 68 - 46 and 66 - 72 . " Motion carried with five yeas . 252 Council Minutes , August 18 , 1969 8 . REPORTS • F OFFICERS , BOARDS , AND COMMITTEES RECOMMENDATION OF PLANNING COMMISSION ( CASE NO. 69 31 _ ( a ) REC OMNI ESTATE ) THAT LOT B , BLOCK 3 , FOREST TRACT , LAI{ , REAL FOREST ADDITION , BE RETAINED FOR PUBLIC PURPOSES , as moved by Councilman Howard , seconded by Councilman Graves , urposes ., Motion carri It w ed with five yeas . to retain land for public p b REPORT OF THE PLANNING COMMISSION RECOMMET DING THAT THE PROPERTY LOCATED NORTH OF 4040 WEST 36TH STREET ADJACENT TO AND PART OF BASS LAKE BE RETAINED FOR PUBLIC PURPOSES ( CASE NO. 69 - 33 - REAL ESTATE ) * It was moved by Councilman Howard , seconded by Councilman arried with Reynolds , to retain land for public purposes . Motion five yeas . (c ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 69 - 35 - Z . ) RECOMMENDING THAT TAXIDERMY BE INCLUDED IN ZTHE ONING ORDINANCE UNDER SECTIONS 6 : 122 , 14 ANDECTION 6 : 162 . 3 . Councilman Reynolds moved to waive first reading of proposed ordinance and set date for second reading September 89 1969 . Councilman Graves seconded but after some discussion moved to amend the motion to set date for second reading September 15 , 1969 . Motion lost 3 - 2 , Mayor Thiel and Councilmen Reynolds and Howard voting nay . Councilman Howard moved to waive first reading of proposed ordinance and set date for second reading September 8 , 1969 • Councilman Reynolds seconded and the motion carried 4 - 1 , Councilman Heltzer voting nay . Councilman Heltzer said that he would like Staff to look into question of what problems occur where they have taxidermy establish ' ments around the Twin Cities , and if they are solvable . Councilman Reynolds volunteered to take interested councilmen to a taxidermy establishment to investigate possible problems (d ) REPORT OF THE PLANNING COMMISSION REC OMMENDING APPROVAL OF INCLUDING MALT OPERATION AS A 5pyCIAL F PERMIT USE IN THE I - I DISTRICT IN THAT SECTION R SE 0* 400 4 00 FEET FROM AN R DISTRICT , SF. 0 TION 6 : 142 . 6 • ( CA 69 - 34 - Z . ) 253 Go � 11 Minutes , August 18 , 1969 8� (d ) Councilman feltzer moved to resubmit this matter to t Commission or further study and recommendation . Che Planning Howard seconded the motiono ouncilman Councilman heltzer said that he felt from the report of staff i regard to the implication of such usage as it pertains to water and sew air pollution , etce Council needs a thorough study of just what thisand ordinance amendment would mean in terms of the City , whether this is in the best interest of -the City , and what protection is afforded the City in our zoning code „ Councilman Howard suggested that it might be helpful to have Council and Commission members tour one of the malting plants . Mr . Daniel T : McLaughlin , Vice President of Burdick Grain Co . said they would like to have -che study currently being made to include the possibility of the deposit of their facility . Vote on the motion carried with four yeas . ( Councilman Graves was not present ) . Later in the meeting there was discussion concerning the advisability Of including the malting operation in the present sewer study . Council agreed that this should not be authorized at this time . (e ) PARKING STUDY - EXCELSIOR BOULEVARD FROM BROOKSIDE TO MN &S RAILROAD RESOLUTION NO. 3815 It Was moved by Councilman Howard , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3815 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking and Repealing a Portion of Resolution Nov 1021 Entitled ' Resolution Authorizing Placement of Traffic Control Signs Regulating Parking ' . " Motion carried with five yeas . (f) REPORT OF STOP SIGN STUDY - PRINCETON AVENUE AT WEOST 38TF, STREET RESOLUTION NO. 3816 It was moved by Councilman Craves , seconded by Councilman Reynolds , to waive reading and adopt Resolution Nov 3816 entitled , Resolution AuthorizingPlacement of Traffic Control Signs at ion of West 38th Street and Princeton Avenue . 11Motion carried Intersect With five yeas . 254 1� Council Minutes , August 18 , 1969 g MINUTES OF PLANNING COMMISSION Iii ETING HELD AUGUST 69 19699 The minutes were ordered by the Mayor to be received for filing (h ) MONThLY FINANCIAL REPORT - JULY 1969 The report was ordered by the Mayor to be received for filing . ( i ) REPORT OF CONSULTING ENGINEER WITFI RESPECT TO IRON REMOVAL PLANTS , IMPROVEMENT NO. 69 - 41 . Mr . Gene Anderson of Orr - Schelen - Mayeron was present to explain the project and answer questions . Councilman Reynolds moved to authorize advertisement for bids for Treatment Plants 1 and 8 , Improvement No . 69 - 41 , Councilman Graves seconded and the motion carried 4 - 1 , Councilman Howard voting nay . 10 . NEW BUSINESS ( a ) APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES RESOLUTION NO, 3 817 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3817 entitled , " Resolution Designating Representative and Alternate Representative to the Hennepin County League of Municipalities . " Motion carried with five yeas . Mayor Thiel was named representative and Councilman Howard his alternate . (b ) CHANGE ORDER NO, 4 , CONTRACT NO, 840 , BLACKTOP SERVICE CO . , ADD IMPROVEivIENT NO, 66 - 50 NATCHEZ AVENUE PAVINk: , CURB AND GUTTER TO CONTRACT FOR IMPROVEMENT NOS , 69 - 02 AND 69 - 19 , PAVING , CURB AND GUTTER AND SIDEWALK REPAIR , Councilman Graves moved to approve and to authorize the City Manager to execute . Councilman Reynolds seconded and the motion carried with five yeas . (c ) EMPLOYEE APPOINTMENTS - POLIC ..:., DEPARTMENT Councilman Graves moved to consent and approve the appOin ents vie of Thomas Hocking and Patrick Collins as police officers , effector September 2 , 1969 . Councilman Reynolds seconded and the Mots _ 255 council Minutes , August 18 , 1969 10 . ( c ) carried with five yeas . Councilman AZeynolds moved that the Police Civil Service Commission and Staff who participated in interviewing and testing new officers be commended . Councilman Graves seconded and the motion carried with five yeas . 11 . MISCELLANEOUS ( a ) CHARTER CHANGES After discussion concerning the lack of response of the Charter Commission concerning p :" oposed changes , Councilman Reynolds moved that a letter be sent to the Chairman of the Charter Commission with copies to all members with the understanding that if a response is not received within two weeks Council should take first steps to by - pass the Commission , . Councilman Graves seconded and the motion carried with five yeas (b ) PUBLIC SAFETY COMMITTEE Councilman Reynolds moved that the previously existing Public Safety Committee be re •- instated for the purpose of reviewing the fire inspection procedures . Councilman hieltzer seconded and the motion carried with five yeas . (c ) BEAUTIFICATION COMMITTEE Councilman Heltzer moved that Council go on record opposing the proposal of Mr . Ao Eurist of creating a new department with a paid director to beautify the City Councilman Reynolds seconded and the motion carried with five yeas . ( d ) REPORT OF CITY ATTORNEY REGARDING CHANGE IN LIQUOR LAWS Councilman Reynolds moved that this matter be placed on the agenda Of October 13 , 1969 , Councilman Graves seconded and the motion carried with five yeas . 12 ' C " INIS , APPROPRIATIONS , AND CONTRACT PA fMENTS (a ) VERIFIED CLAIMS On motion of Councilman Graves , seconded by Councilman 256 minutes , August 18 , 1969 Council by the Director s the lists of verified claims prepared dated August 18 , 1969 in 12 . ( a ) Reynolds , Finance and presented to the Coun of F 672 . 87 for payroll , and $ 57 , 098 . 28 for the total amounts of $ 12 , City Clerk , and C vendors were approved , and the City Manager , City authorized to issue checks covering same by Treasurer were author a five yea vote . 13 . ADJOUKNMF, NT oilman Reynolds , seconded by Councilman heltzer , On motion of Coun a five yea vote . P the meeting was adjourned at 10 . 27 . m • by Le and J . Thie ayor Attest : t , Alice M . Carlson , Secretary 257