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HomeMy WebLinkAbout1969/09/08 - ADMIN - Minutes - City Council - Regular ES OF, CIT y COUNCIL MEETING IviINUT � MINNESOTA S T . LOUIS PARK ' 1969 September 8 , 1 � CALL Z' O ORDER Cit Council was called to order by Mayor A regular meeting of the Y Thiel at 8 : 08 p • m • 2 . INVOCATION Invocation ion was given ilman Frank Howarde ven by Counc 3 . ROLL CALL The following Councilmen were present at roll call : 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 , and Secretary . 4 . MINUTES On motion of Councilman Koch , seconded by Councilman Graves , the minutes of the regular meetings held August 189 August 250 ani special meeting of September 2 , 1969 , were approved by a seven yea vote . 5 . PUBLIC HEARINGS (a ) REQUEST OF A . J . RAMEL FOR A VARIANCE FROM SECTIONT4 6 : 044 . 1 AND 6 : 064 . 5 OF THE ZONING ORDINANCE RELATIVE SETBACK REQUIREMENTS TO PERMIT A DETACHED DOUaLE GARAGE AT 8616 CEDAR LAKE ROAD ( CASE NO. 69 ' 29 " VAR . 7 , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 1969 ( CONTINUED FROM AUGUST 18 , 1969 ) . Mr . A . J . Ramee , 8616 Cedar Lake Road , explained the need for the variance and urged its approval . Mayor Thiel declared the hearing closed , 262 Cou.ncil Minutes , September 8 , 1969 (a ) After discussion concerning the need to vacate utilit ea y sements , Councilman Galinson moved that an ordinance be prepared utility easement and that the variance be deferred until reading the so vacate reading of this ordinance . Councilman Graves seconded a e carried unanimously , and the motion (b ) APPLICATION FOR CERTIFICATE; OF PUBLIC CONVENIENCE AD NECESSITY FOR TAXICAB C, PERATION - - N OF MINNESOTA DBA YELLOW SUBURBAN CA LOW CAB COMPANY DESCRIBED UAS ED IN NOTICE OF HEARING PUBLISHED AUCOMGUST GUST 144 ,, 1969 . Mr . Jack Daly , Jr . of Yellow Cab Company explained the corporate structure , the communities that are served , and the need for a competitive cab company to operate in St . Louis Park. Mr . Tom Reiersgord , attorney , 6250 Wayzata Boulevard , represented Town Taxi Company . He spoke in opposition to the licensing of Yellow Cab Company . It was his feeling that such competition in this type of transportation industry might be unfair and ruinous . Mr . Henry Bie rbraue r , owner of Town Taxi , Mr , Robert Cass , representing Ambassador Motor Hotel ; Mr . Wesley Karjalahti , dispatcher for Town Taxi ; Charles Fuller , Winton Barker , Melvin Carlton , and Joe Goldberg , driver - owners for Town Taxi all spoke in opposition to the application of Yellow Cab Company and vouched for the good service of Town Taxi Company , Mayor Thiel declared the hearing closed . It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt resolution authorizing Certificate Of Convenience and Necessity for Taxicab Operation for Yellow Suburban Cab Company . Motion lost 2 - 5 , Councilmen Graves , Heltzer , Koch , Reynolds and Mayor Thiel voting nay . Councilman Reynolds moved that the City Manager prepare a questionnaire concerning cab service and have them mailed out with the water bills . Councilman Graves seconded and the motion carried unanimously. At the suggestion of Councilman Reynolds , the Mayor directed the Insurance Committee to study liability limits required by the City to determine whether they are adequate . Councilman Galinson moved to table the matter . Councilman Heltzer seconded and the motion carried unanimously . 263 uncGo it Minutes , September 8 , 1969 6 . PETITIONS , REQ UES TS , AND COMMUNICATIONS None 7 , R . SOLUTIONS AND oRDINANCES ( a ) SECOND READING OF PROPOSED ©R DINANCE AMENDING THE ZONING ORDINANCE TO INCLUDE ' TAXIDERMY r UNDER G SECTIONS 6 : 122 . 14 AND 6 : 162 . 3 ( CASE NO• 69 - 35 - ZZe . It was moved by Councilman Howard , seconded by Councilman Reynolds , to waive reading and adopt ordinance . Motion carried 5 - 2 , Councilmen Koch and Heltzer voting nay . After discussion concerning regulations pertaining to taxidermy , Councilman Galinson moved to reconsider the motion - to adopt the otion and ordinance but after further discussin he withdrew his motaxidermy for moved to direct staff to prepare special ordinance on taxi y meeting of September 29 . Councilman Reynolds seconded and the motion carried 6 - 1 , Councilman Koch voting nay . Councilman Reynolds moved to reconsider the motion to adopt the ordinance . Motion was seconded by Councilman Galinson and carried unanimously . Councilman Koch then moved to deny passage of the ordinance to add taxidermy to the zoning ordinance . Council - man Heltzer seconded and the motion carried 6 - 1 , Mayor Thiel voting nay . Councilman Reynolds moved to reconsider the motion to direct staff to prepare a special taxidermy ordinance . Councilman C•alinson seconded and the motion carried with seven yeas . Councilman Galinson then moved to direct staff to prepare special ordinanCe on taxidermy for September 29 - neeting . Councilman Heltzer seconded and the motion lost with seven nays . Mr . Marvin Gaston was present , being the person desirous of opening a taxidermy business . When he learned that passage of the ordinance to allow taxidermy by special permit would not permit him to immediately begin his business he indicated that he was no longer interested in the matter . (b ) SECOND READING OF PROPOSED ORDINANCE AiviENDINC PARKING REQUIREMViENTSECTIONS OF THE LONING ORDIINI& ORDINANCE NO . 1073 It was moved by Councilman Galinson seconded by Cow'c ' l l0 ; 3 Reynolds , to waive second reading and adopt Ordinance No . 264 Council Minutes , September 8 , 1969 ' . (b ) entitled , n Ordinance Amending Ordinance No . 730 Passed December 28 , 19592 Entitled ' St . Louis Park Zoning Ordinance ' , Section 6 : 172 . 4 Relating 'to Number of Required Off - Street Parkin Spaces as Amended by Ordinance No ., 971 Passed April 4 , 1966 and Ordinance No . 853 Passed September 24 , 19b2Motion carried unanimously . (c ) FIRST READING OF PROPac ED ORDINANCE AMENDING PERSONNEL I ORDINANCE TO INCLUDE EMPLOYEE STUDY INCENTIVE PLAN It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive first: reading of proposed ordinance and set date for second reading September 15 , 1969 . Motion carried unanimously . (d ) FIRST READING OF PROPOSED ORDINANCE AMENDING PENALTY CLAUSE OF THE ZONING ORDINANCE AS AUTHORIZED BY 1969 STATE LAW , It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive first reading of proposed ordinance and set date for second reading September 15 , 1969 . Motion carried unanimously . (e ) RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT , IMPROVEMENT NOSo 62 - 65 , 66 - 24 , 66 - 12 , 68 � 16 , 68 - - J%. 7 , 68 - 46 , 68 - 291 AND 68 - 40 . RESOLUTION NO. 3821 It was moved by Councilman Graves , seconded by Councilman Koch , to waive reading and adopt Resolution No . 3821 entitled , " Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessments " le otion carried unanimously . (f ) RESOLUTION AUTHORIZING PLACEMENT OF TRAFFIC CONTROL SIGNS AEGULATING PARKING � VIEST 38TH STREET FROM EXCELSIOR BOULEVARD TO FRANCE AVENUE RESOLUTION NO . 3822 r It was moved by Councilman Graves , seconded by Councilman Galinson to waive readingand adopt Resolution No . 3822 entitied � " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking " Motion carried unanimously . 265 Council Minutes , September 8 , 1969 ? . ( g ) RESOLUTION AUTHORIZING PLACEMENT OF STOP SIGNS FOR TRAFFIC CONTROL AT INTERSECTIONS OF WEST 38THT STREET AND KIPLING AVENUE AND SIGNS LIMITING ENTRANCE OF TRAFFIC FROM FRANCE AVENUE AT WEST 37TH , 38Th AND 39TH STREETS ° Councilman Galinson moved to amend resolution to delete " no Councilma. y Heltzer secondee , Voteon entrance " sighs Cou.nc �lmen Graves , Koch , Reynolds and amendment lost 4 - 3 , Mayor Thiel voting naye, ilmal Howaru moved to have staff arrange meeting with Counc State Highway Department and State Representat1ves Senator and acing : 'P -no left turns " signs on France to discuss the matter of pl Avenue . Councilman Gra:veS seconded . No vote was taken pending further attempts to settle , he natter through the staff. RESOLUTION NO. 3823 It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3823 entitled , " Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersections of West 38th Street and Kipling Avenue and Signs Limiting EntrCance of Traffic from France Avenue at West 37th , 38th , and 39th Streets ., " Motion carried unanimously . (h ) RESOLUTION RECEIVING PETITION ; ORDERING IMPROVEMENT NO. 69 - 36 TO BE ADDED TO CONTRACT WITH BLACKTOP SERVICE COMPANY , RESOLUTION NO , 3 824 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3824 entitled , " Resolution Receiving Petition , Preliminary Reports and Plans and Specifications , Approving Same , Ordering Improvement and Authorizing Contract to Inclnide Improvement No . 69 - 36 in Existing Contract for Improvement Nos . 69 - 02 and 69 - 19 , Paving , Curb and Gutter and Sidewalk Repair , " Motion carried unanimously * (i ) RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERIN G PREPARATION OF PROPOSED ASSESSMENT - IMPROVEMENT NOS . 60 - 39 , 65 - 01 , 66 - 77 , 66 - 55 , 67 - 14 , 67 - 15 , 67 - 26 , 67 ' 33 , 67 - 47 , 66 -- 25 , 66 , 26 , 67 - 329 67 -- 430 67 - 589 68 - 06 , 68 - 08 , AND 68 - 13 . RESOLUTION NO, 3825 It was moved by Councilman Reynolds , seconded by C; Oun loran 266 f 1 council Meeting . September 8 , 19b9 ( i ) Graves , to waive reading and adopt Resolution No . 3825 entitled , led , " Resolution Assessment . Cost to be Assessed and OrderingPre ar of Proposed Motion carried unanimously, p ation RESOLUTION CALLING HEARING ON PROPOSED ASSESSMENTS - IMPROVIEJMENT NOS . 60 - 39 , 62 - 65 , 65 _ 01 , 66 _ 77 , 67 - 14 , 67 - 15 , 67 - 26 , 67 - 33 , 67 - 47 , 66 - 25 , 66 - 26 , 67 - 32 , 67 - 43 , 68 - 271 67 - 580 68 - 06 , 68 - 08 , 68 - 13 , 68 - 29 , AND 68 - 40 . RESOLUTION NO, 3826 It was moved by Councilman Reynolds , seconded by Councilman Heltzer , to waive reading and Adopt Resolution No . 3826 entitled , " Resolution for Hearing on Proposed Special Assessment, Improve - ment Nos . 66 - 25 , 66 - 26 , 67 - 32 , 67 - 43 , 67 - 58 , 68 - 061 68 - 081 68 - 13 , 65 - 01 , 68 - 27 , 68 - 29 , 68 - 40 , 66 - 771 67 - 149 67 - 15 , 67 - 26 . 67 - 339 67 - 47 , 62 - 65 , and 60 - 39 . " Motion carried unanimously . Hearing was set for September 29 , 1969 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEE,S (a ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 68 - 37 - Z , ) RECOMMENDING UNFAVORABLY UPON THE REQUEST FOR R - 3 ZONING ON HAMPSHIRE AVENUE NORTH OF WEST 26TH STREET AND RECOMMENDING THAT THE PROPERTY BE ACQUIRED BY THE CITY - REQUESTED BY GORCO CONSTRUCTION COMPANY . Councilman Reynolds moved to deny the rezoning request . Councilman Graves seconded but after discussion Councilman Reynolds withdrew his motion . Councilman Graves moved to set date for public hearing September 22 , 1969 . Motion lost for lack of a second . Mr . Sheldon Coplin appeared representing Gorco Construction Co . Councilman Howard moved to table until decision is made regarding Council ' s desire concerning purchase of the property . Councilman Galinson seconded and the motion carried unanimously . (b ) REPORT OF BOARD OF ZONING APPEALS RECOMMENDING UNFAVORABLY UPON THE REQUEST OF SAM SEGAL AND CHARLES WAISS ( CASE. NO. 69 - 38 - VAR • ) FOR A VARIAN CE FROM SECTION 6 : 094 . 5 OF THE ZONING ORDINANCE To ALLOW CANOPY IN THE SETBACK AREA . Mr . Sam Segal was present . 267 Council Minutes , September 8 , 1969 Councilman Graves , seconded by Councilman Heltzer , 8 . (b ) on motion by 1969 . Motion r ublic hearing was set for September 22 , date for P carried 6 - 0 . Councilman Howard was not present in the chambers . (c ) REPORT OF THE pL,ANNING COMMISSION ( CASE NO . 69 - 44 - S , p, ) GIVING NO REG GIv;-MvrE NDATI 'ON ON THE REQUEST OF SANT SEGAL FOR AN AMENDMENT TO SI'L' CIAL PERMIT TOLLOV�i CANOPY JT ' D IN SE 1 BAC X AREAIN ACCOR - WHICH HAS BEEN G 'ONSTRtJ DANCE V111TH SECTION 6 : 092 . 1 OF THE ZONING ORDINANCE , AT 3200 VIRGINIA AVE NUEe tember 22 1969 Councilman Grave 3 moved to defer to S o 1 carried with six yeas , Councilman Kocn seconded and the mote Y Councilman Howard was not present in the chambers . (d ) REPORT OF THE PLANNING COv1M1SSION CONCERNING AMEND. MENT TO SPECIAL PERMIT - RIDG" WAY CONSTRUCTION CO Mr . William Rosen , attorney , 630 Osborn Building , St . Paul , was present representing Mr . Robert Ridgway . Councilman Reynolds moved to amend special permit . Councilman Graves seconded the motion . Councilman Galinson moved to amend the motion that there be two accesses onto 22nd Street and that there be 8 feet of this property from 20 feet east of the east line of Nevada extended to the western edge of his property dedicated . Councilman Reynolds accepted the amendment in his original motion. Mrs . Arthur Ingersoll , chairman of the Planning Commission , said that the Planning Commission had worked very hard to establish the road patterns in the area and felt that this is a correct moYe but indicated that the Planning Commission would like to study the location of the driveways , Councilman Reynolds moved to amend Resolution No . 3 699 by adding two exits onto West 22nd Street and dedication of 8 feet of Ridgway property prom 20 feet east of the east line of Nevada extended to the western edge of his pz operty and that a plan should be submitted showing the points of access and method of traffic flow and that it should be sent to the Planning Commiss10¢•sion Councilman Galinson seconded the motion but after further discus Councilman Reynolds withdrew his motion and Councilman Galinson his second , e two Councilman Howard mov _. d to amend the special permit to hall 5 P n openings on the south to be designed b the applicant and the ply Department . Council _ g y PP emotion carzjed Councilman Ga.linsor, seconded and th 6 - 1 , Councilman Reynolds voting nay . t 268 -1 Council Minutes , September 8 , 1. 469 8 (e ) MINUTES OF PARKS AND RECREATION ADVISORYCOMMISS MEETING HELD AUGUST 13 , 1969 ION Upon hearing no d1scusslo :1s the Mayor ordered the minutes to be received for filing : (I ) MINUTES OF PLANNING COMMISSION MEETING HELD AUGUST 20 ; 19690 Upon hearing no discussion , the Mayor ordered the minutes to be received for filing , ( g ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD AUGUST 20 , 1969 Upon hearing no discussion , the Mayor ordered the minutes to be received for filing , (h ) REPORT OF CITY ATTORNE Y as FLOOD PLAIN ZONING Councilman Graves moved to refer the ordinance to the Building Codes Advisory Commission and Planning Commission for advice and recommendation , Councilman Heltzer seconded and the motion carried unanimously . (i ) REPORT CONCERNING ALLEGED LIQUOR ( OFF - SALE ) VIOLATION - GEORGE FAL?i T ' S Councilman Calinson mcved to set date for hearing at 8 : 00 p . m . , October 27 , 1969 , Councilman Reynolds seconded and the motion carried unanimously , 91 UNFINISHED BUSINESS (a ) APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXICAB OPERATION BY TOWN TAXI COMPANY ( DEFERRED FROM AUGUST 4 , 1969 ) . It Was moved by Councilman Reynolds , seconded by Councilman Heltzer , to file this application . It had been the applicant ' s desire to withdraw and he had had his financial statement returned to him prior to the meeting . Motion carried unanimously . (b ) INTERPRETATION OF SECTIONS 6 : 042 . 1 AND 6 : 042 . 6 ( CASE NO. 68 - 63 - INT , THE ZONING ORDINANCE APP PAS O - THE PROPERTY OWNED BY THE .LINCOLN BAKING EQUEST OF TABLED JULY 141 1969 - PLACED ON AGENDA AT R 269 " Council Minutes , September 8 , 1969 9 . (b ) COUNCILMAN GALINS ON This matter was not removed from the table . PROPC►SED PRELIMINARY PLAT OF FOURTH COUNTRY CLUB (c ) UTAH DRIVE ADDITION OF WEST -WOOD HILLS ( UTAH AVENUE , AND WEST 18TH STREET ) REQUESTED BY ROBERT J . MCNULTY CO . ( HEARING CLOSED , AC TION tiONTINUEL FROM AUGUST 19 , SEPTEMBER 9 � SEPTEMBEh_ 16 , OCTOBER 7 , OCTOBER 21 , NOVEMBER 4 . NOVEMBER i8 = DECEMBER 16 , 1968s JANUARY 6, JANUARY 20 , r'EBRTJI- RY 3 AN JUNE 16 , 1969 ) Councilman Reynolds moves to table this matter . Councilman Galinson seconded and the motion %. arried unanimously. (d ) REPORT OF T14E PLS= NrrIT' � G C GMis -ISSION ( CASE NO. 69 - 32 REAL ESTATE ) RECOMME "1DjNG .AVORABLY UPON A REQUEST TO PURCHASE PUBLICILY OWNED REAL !.,: STATE LOCATE 1445 NEVADA AViNUE , RICHMOND SECOND ADDITION , LOT 49 . Since this property had been conveyed to the City for drainage purposes and cannot be sold , Councilman Reynolds moved that this matter be placed on agenda for reconveyance to the State . Council - man Graves seconded and the motion carried unanimously . (e ) APPOINTMENT TO HUMAN RIGHTS COMMISSION ( DEFERRED FROM AUGUST 25 , 1969 ) o Councilman Heltzer moved to table Councilman Craves seconded and the motion carried 6 - 1 , Councilman Galinson voting nay. 10 . NEW BUSINESS ( a ) COOPERATIVE AGREEMENT FOR COORDINATED LAND AND WATER MANAGEMENT PLAN FOR MINNEHAHA CREEK . Councilman Galinson moved to defer this agreement to September 15 since the attorneys were ,going to meet on this matter . Councilman Graves seconded and the rno -don carried unanimously . (b ) LAND ACQUISITION - STORM SEWER EASEMENT - Part of Lots 14 to 193, Richmond Addition - Mark Z . Jones and Grace E . Jones , and Mark Z . Jones II and Judit1h Jones , Councilman Graves moved to accept deeds and authorize City Clerk to file same for record , Councilman Koch seconded and the motion carried unanimcuslyc 270 Co unciI Minutes , September 8 , 1969 (c ) TABULATION OF BIDS - CLEANING AND PAINTING OF 1U . RESERVOIR NO. 2 Councilman Koch moved to designate General Coating , Inc . as the lowest responsible bIdder , to accept bid and to authorize the Mayor and City Manager to execute the necessary contract . Councilman Graves seconded and the motion carried unanimously . (d ) PROPOSED BTJDGET - 1970 Councilman Reynolds moved to set date for first budget meeting at 10 : 00 a . m . , September 13 : 1969 . Councilman Koch seconded and the motion carried unanimously , (e ) CHANGE ORDER NO, 5 - BI.. ACK '.' OP SERVICE CO. - ADD IMPROVEMENT NO. 69 - 36 TO CON RACT NO. 840 - $ 8 , 127 . 61 . Councilman Reynolds moved to approve and authorize the City Manager to execute . Councilman Graves seconded and the motion carried unanimously . 11 . MISCELLANEOUS ' (a ) DAMAGE CLAIMS Arnold J . Pearson , 3900 Joppa Avenue Councilman Reynolds moved to file above claim with the City Clerk for proper action by the City Manager and City Attorney . Council - man Koch seconded and the motion carried unanimously . 12CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS (a ) VERIFIED CLAIMS On motion of Councilman Reynolds , seconded by Councilman Galinson , the lists of verifiedby the Director claims prepared of F ' presented to the Council dated September 8 , 1909 Finance and Pres and $ 69 , 990 . 43 in the total amounts of $ 8 . 268 . 94 for payroll , vendors were approved , and the City Manager , City Clerk , and C ' authorized to issue checks covering same by City Treasurer were a seven yea vote . (b ) CONTRACT PAYMENTS Movement No . 69 ' 30 Construction 1 • Partial Payment No . 1 , Imp - _ $ 7s788060 * Of Well No . 15 � Bergerson Caswell , Inc . 271 Minutes , September 8 , 1969 Council 029 ent Nov 4 , Improvement Nos . 66 - 55 , 69 _2 . Partial Paym and 66 _ 50 - Blacktop Service Co . - $ 87 , 889 . 95 * (b ) 69 .. 19 , 69 - 18 , e olds , seconded by Councilman Galinson , On motion of Councilman Rtract work presented by the City Engineer the above payments on contract Clerk and City Treasurer ' were approved , and the City respective amounts by a s sue checks for their were authorized to 1 seven yea vote . 13 . ADJOURNMENT seconded b Councilman Galinson, the On motion of Councilman Gravest. m • y by a seven yea vote . 00 meeting was adjourned at P Leo and J . Thi 1 or Attest . { Alice M . Carlson , Secretary 272 , .�