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HomeMy WebLinkAbout1975/03/31 - ADMIN - Minutes - City Council - Regular MINUTES tNG CITY COUNCiL ME EDESOTA MINN ST , LOU I H � 1RK 197 5 MARC 1 , CAL ORDER Mayor r5 F �� Counc i was called 1 ed to order by Y Fleetham A regular, meeting of the City at 8 : 05 prm „ 2 , INvOCAT10N I Methodist Church , avocation was given by Rev , Duane Sa " az1n of the Aldersgate' 3 , ROLL CALL The following in Councilmen were present at roll call : Seymour Druskin Richard Graves Rose - Mary Griak Lyle Hanks Keith Meland Leonard Thiel Frank Fleetham Also present were the City Manager , Assi , tant City Manager , City Attorney , Planning Director , Director of Public Works , and Acting Secretary 4 � MINUTES On motion of Councilman Hanks , seconded by Councilman Meland , the minutes of special meetings of March 3 , March 4 and March 17 , and the regular minutes of March 3 , 1975 , were approved by a 7 yea vote . 5 . AGENDA It was moved by Councilman Griak , seconded by Councilman Graves , to approve the agenda of March 31 , 1975 with the following additions : item 8 ( e ) COments on Resolution to State Legislature ; It-em 10 ( e ) Alabama property 40th & 39th ; Item 11 ( e ) FAU Hearing schedule The motion passed 54 ( Councilmen Thiel and Hanks not present for vote ) , 6o PUBLIC HEARINGS ( a ) PROPOSED PRELIMINARY PLAT , WESTWOOD MANOR , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCH 20 , 1915 Mayor Fleetham opened the hearing The Planning Director presented the alternative plans for the proposed plat , In response to a question from Councilman Griak , 90 Council Minutes , March 31 , 1975 6 ( a ) Mr , Dick Knutson , 8040 34th P ) N . , representing the Centurion Co . , explained proposal and stated that Lots 7 and 8 were buildable . Councilman Gria k inqui ► ed about any guarantees for damage to existing housing due to construction The City Manager stated that the City may require inspections before andafte 'r construction and that the contractor must have proper insurance coverage, Mr . Curtis Holmquist , 1807 Texas Avenue South , spoke on behalf of the Lamplighter Association . He noted that Alternative 3 , which was approved by the Planning Commission , provides for 31 homes which will increase the number of cars on Texas Avenue , Councilman Druskin questioned if it would be any value to take Alternative 5 to the neighborhood committee to discuss . Mr . Holmquist stated they would like to have more time to review the proposal . Mr . Gary Gorden stated he purchased a home at 1431 Texas Avenue 16 years ago . At that time he saw plats similar to what is being proposed now and feels Mr , Neslund should be allowed to build with access on - to Texas Avenue , Mrs . J , Winston , 1450 Texas Avenue , questioned how close to their home the street would be . The Planning Director stated that the street should be on the northerly side of existing driveway . Mrs . Winston stated she would like some assurance of coverage due to construction damage . Mr . Knutson stated that the Centurion Company felt Alternative 5 was the best to develop this property . There being no one else wishing to speak , the Mayor declared the hearing closed . . It was moved by Councilman Meland , seconded by Councilman Hanks , to approve the preliminary plat ., Councilman Druskin stated that he will oppose the motion and prefers to have the item deferred for further review and have the neighborhood people meet and work things out , The motion was withdrawn . It was moved by Councilman Meland , seconded by Councilman Hanks , to continue the hearing to April 7 , 19750 The motion passed 64 ( Councilman Thiel was not present for vote ) . ( b ) PROPOSED AMENDMENT TO ZONING ORDINANCE TO REQUIRE AL � ODIFICATION OF CHANGE IN BOUNDARIES � OF ZONING DISTRICTS SENT TO STATUTES WITHIN 350 FEET TO CONFORM WITH MINNESOTA It was moved by Councilman Graves , seconded by Councilman Hanks , to ' waive first reading of proposed ordinance and set second reading April 7 , 1975o The No ion passed 6 - 0 ( Councilman Griak was not present for vote ) . t 91 Minutes , March 31 , 1975 Council CITY CHARTER , AS DESCRIBED IN NOTICE OF HEARING c PROPOSED AMENDMENTS T C 6 ° ( ) PUBLISHED MARCH 13 , lman Hanks , seconded by Councilman Druskin , It was moved by � oposed o �rd i Hance and set second readi Councing to waive fl rst reading Of P April 7 , 1975 The motion passed 7 - 0U PETITIONS , REQUESTS AND COMMUNICATIONS 70 — RE ERMIT FOR DRIVEWAY - HONEYWELL REQUEST FOR P ( a ) Q Councilman Graves , to It was moved by Councilman Gr aak , seconeedrecommenddtion of staff ° approve the request for the driveway , P The motion passed 7 - 0 . , 8 RESOLUTIONS AND ORDINANCES RESOLUTION ESTABLISHING POLICIES FOR SELECTION OF M BES URREMOENTSTIZEN RE ( a ) ADVISORY BOARDS AND COMMISSIONS STATING ATTENDANCE Q ( REQUESTED MARCH 17 , 1975 ) , RESOLUTION NOO 5244 It was moved by Councilman Hanks , seconded by Councilman Meland , to waive reading and adopt Resolution No . 5244 entitled , " Resolution Establishing Po-1 i c ' es for the Selection of Members to Citizen Advisory Boards and Commission Setting Attendance Requirements " e The motion passed 5 = 2 ( Councilman Griak and Mayor Fleetham opposed ) . ( b ) SECOND READING OF ORDINANCE REDUCING MINIMUM SIDE YARD REQUIREMENTS ORDINANCE NO , 1285 It was moved by Councilman Graves , seconded by Councilman Griak , to waive second reading and adopt Ordinance No . 1285 entitled , " An Ordinance Amending Ordinance No . 730 Adopted December 28 , 1959 , entitled ' St . Louis Park Zoning Ordinance6 by Amending Sections 6 : 064 5 , 6 : 074 . 5 , and 6 : 084 , 5 , and by Adding Sections 6 : 064 . 59 6 : 074 : 6 , and 6 : 084 . 7 Relating to Side Yards in the R - 1 , R - 29 and R - 3 Districts " o The motion passed 7 . 0 , ( c ) SECOND READING OF ORDINANCE INCREASING ALLOWABLE SIGN AREA ORDINANCE N0 , 1286 It was moved by Councilman Graves , seconded by Councilman Griak , to waive second reading and adopt Ordinance No . 1286 entitled , " An Ordinance Amending Ordinance No . 730 Adopted December, 289 1959 ' entitled ` St . Louis Park Zoning Ordnance " by Amending Section 6 : 171 Relating to Signs in " R " Districts " The motion passed 7 - 0 . 92 Council Minutes , March 31 , 1975 8 ( d ) RESOLUTION AND ORDER FO-R REMOVAL OF SUBSTANDARD DWELLING AT 4005 VERNON AVENUE AS A HAZARDOUS BUILDING ( M& C N0 . 75 - 20 ) RESOLUTION N0 : 5245 It was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No , 5245 entitled , " Resolution and Order for Removal of Substandard Dwelling at 4005 Vernon Avenue as a Hazardous Building " , The motion passed 74 . ( e ) RESOLUTION TO STATE LEGISLATURE ( REQUESTED BY COUNCILMAN DRUSKIN ) Councilman Druskin stated for the record that he is opposed to a resolution that was passed and submitted to the State Legislature requesting additional liquor licenses . He stated that he did not feel such licenses were needed at this time . g , REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF LIQUOR VIOLATION It was moved by Councilman Griak , seconded by975Councilman pHanks ) to set hearing on Vant Hull Liquors April 21 , at 7 * 15 motion passed 74U b MINUTES OF ENVIRONMENTAL IMPROVEMENT COMMISSION MEETING HELD FEBRUARY 249 1975 There being no discussion , the minutes were ordered by the Mayor to be received for filing ( ) c MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD MARCH 199 1975 It was moved by Councilman Griak , seconded bymmissonCouncilman tto hire Hanks , ne to allocate $ 50 to the Humahe ' gontineation � of Sylvestre & Assochts the HRC project ° aates fo The motion passed 74 , Griak questioned whether a quorum was present at ale Councilman last HRC meeting and if not. , should 'it have con u business with votes ,. uncilman Hanks , seconded by Councilnthematos It was moved by Co ro osed by the HRC and request to return the ordinance proposed re - evaluate their position on the enforcement sectio n The motion passed 6 = 1 ( Councilman Griak opposed ) o 93 council Minutes , March 3l 1975 DIRECTOR OF REPORT OPUBLIC WORKS ASSESSMENT REPORT ( d ) PRELIMINARY Ff NOV 75 . 01 CURB ANDGUTTER , pAV1NG , AND 9 ' 1TH RESPECT TO 1MPROVEME � UNDEO B TEXAS , TAFT49 ToH , 7 , AND THE WAREA SIDEWALK REPAIR INEXCLUDING LAKE STREET C N & W RAILROAD , RESOLUTION NO 5246 by Councilman Hanks , ed b Councilman Mel and , on NOde5246 entitled , " Resolution It was moved y and adopt Resolution to waive reading Improvement No . 75 . 01 , Paving , Curb Calling Public Hear � n9 on Imp Oil and Gutter and Sidewalk Repaur 1 an Meland requested that two inf'or-mational meetings be Counci m held on Apra 12 and 19 , 1975 The motion passed 6 - O ( Counc ) lman Dru5k In was not present for vote ) . ( )e REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY LLL UPON THE4REQUEST OF DR . KENATH SPONSEL FOR SPECIAL PERMIT TO F AND RALEIGH ( CASE N0 75 - 21 - SP ) ., RE-SOLU-TION NO „ 5247 It was moved by Councilman Ger iak seconded by Councilman Graves , to waive reading and adopt Resolution No ,, 5247 ent. i t1 ed , " Resolution Granting Permit Under Section 6 ; 049 , 8 of the St . Louis Park Zoning Ordinance for Land Reclamation 'in the R - 2 Single Family District " providing that Condition # 7 , date for completion , be changed to October 31 , 19750 Mrs . John Sponsel stated that the conditions could be complied with . The notion passed 7 - 0 ., ( f ) REPORT OF PLANK I' NG COMMISSION RECOMMENDING FAVORABLY UPON THE REQUEST OF METHODIST HOSPITAL FOR SPECIAL PERMIT FOR SIGN ( CASE NO 75 - 25 - SP ) . RESOLUTION NO , 5248 It was moved by Councilman Gr iak , seconded by Councilman Hanks , to waive reading and adopt Resolution No : 5248 entitled , " Resolution Amending Resolution No ,, 5115 Granting permit Under Sections 6 : 175 . 4 6 : 092 . 3 , and 6 . 171 _ 2 , Subdivision 3 , of' the St . Louis Park Zoning Ordinance for Residential Development Unit , Institutional Development and Sign- The motion carried 7 � O 94 council Minutes , March 31 , 1975 9 ( g ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY UPON THE REQUEST OF LEANING POST FOR SPECIAL PERMIT ( CASE NO 75 - 2O - SP ) RESOLUTION NO 5249 It was moved by Councilman Hanks , seconded by Councilman Griak , to waive reading and adopt Resolution No _ 5249 entitled , " Resolution Granting Permit Under Section 6 : 122 . 17 of the Zoning Ordinance for Modifications to a Class I Restaurant for Property Located in the B - 2 District at 5420 , 5430 , and 5434 Excelsior Boulevard " _ Councilman Graves stated that he may have a conflict of interest and left the chambers during the discussion . Councilman Thiel quest. . oned the establishment ' s status as a non - conforming use and whether modifications could be made . The Planning Director stated that insufficient parking area is the cause , non - conforming and additional restrooms would not alter the existing use . The Mayor stated that he was opposed The motion passed 5 . 1 ( Rayor Fleetham opposed ; Councilman Graves was not present for vote ) . ( h ) REPORT RELATIVE TO LIQUOR LICENSE POLICY FOR NEW ESTABLISHMENTS ( M&C 75 - 21 ) This matter was deferred to April 73, 1975 and referred to the Council Liquor Committeeo ( i ) MINUTES OF PLANNING COMMISSION MEETING HELD MARCH 195 1975 There bung no discussion , the minutes were ordered by the Mayor to be received for filing . ( J ) REPORT OF PLANNING COMMISSION RECOMMENDING UNFAVORABLY U EON R QUE ST OF HOLIDAY STATIONS ( WYMAN NELSON ENTERPRISES ) TO OPERATDAY STATIONST ORE AT 7112 - 162430 MINNETONKA BOULEVARD ( CASE NOE 75 - 22 - SP ) The Direct of Planning made a brief presentation an ststedethat the applicant wished to construct a gUeoandestation and Minnetonka Boulevard in the B = l District on Louisiana nAthe R - 3 District adjacent to and to construct. a parking lot the motor fuel station le Steinman , 2250 Quebec Avenue Southrtorattendnthe Mr . Bradley stated he was unable Erickson Petroleum Company , as he was on vacation but he was Planning Commission ds meeting told that f uture widening of Louisiana Avenue would take place 95 it Minutes , March 319 1975 Counc The Mayor stated that no plans have on the west side of tot. he � comp reThe Mae plan governs the desired 05 9u CJ ) date but ren „ been made to ro er, ty in that a usage of the p . P access t-o the station wo be in the be taken Mr . Steinman stated thatand lighting commercialnc Zoned area a. desieed � ng Gare of" however the C1tY u ort construction Councilman Druskin stated that he cannot Counc . proposed of a service station at the Councilman Griak d b Councilman Dr- uskin seconded by It was move y i 1 Ina special permit , to authorize pr� eparat on of reso ut JoA deny ,, P The motion carr sed 740 ( k ) MINUTES 0 F HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD MARCH 11 , 1975 , n no discussion , the minutes were ordered by the Mayor There bei g to be received for filing ( ) 1 REPORT OF COUNCILMAN THIEL RELATIVE TO BICENTENNIAL COMMITTEE Councilman Thiel stated that a report would be forthcoming ( m ) REPORT RELATIVE TO LEGAL DEFENSE It was moved by Councilman Griak , .seconded by Councilman Druskin , to have the City assume the responsibility of defending Officer John Fitzgerald in the pending court suit , The motion passed 5 = 0 ( Councilmen Graves and Hanks were not present for vote ) , ( n ) aPORT CONCERNING MINNETONKA / CEDAR LAKE ROAD SIDEWALKS IMPROVEMENT NOS . 72 - 33 AND 7317 ( M &C 7523 ) Following a lengthy discuss-ioa as io how these sidewalks could be best financed , it was moved by Councilman Meland , seconded by Councilman Thiel , to request staff to prepare a report regarding the number of trees which must be removed and the amount of right - of - way that must be acquired under this proposal . The motion passed 7 . 0 , 10 . UNFINISHED BUSINESS ( a ) APPOINTMENTS TO BOARDS / COMMISSIONS It was moved by Councilman Griak ', seconded by Councilman Thiel to appoint Shari Spiegel as a youth representative to the Community Relations Commission _ The motion passed 74 96 Council Minutes , March 31 , 1975 10 . ( a ) It was moved by Councilman Hanks , seconded by Councilman Thiel , to appoint Cepa Andeeson and Jon Bloom to the Planning Commission to replace Joshua � chneck and Ken Anderson with terms expiring on December 31 , 1977 and December 31 , 1976 , respectively . ( b ) TEMPORARY LICENSE FOR SALE OF NON - INTOXICATING MALT LIQUOR ( REQUESTED BY COUNCILMAN GRAVES ) It was moved by Councilman Thiel , seconded by Councilman Graves , to waive first reading and adopt the proposed ordinance , It was suggested by Councilman Thiel to amend the proposed license fee to $ 25 : Councilmen Hanks and Griak questioned whether the City should encourage this type of fund raiser : Councilman Graves stated if this ordinance is passed the license fee should not be prohibitively high . Following a lengthy discussion , Councilman Thiel withdrew his motion with concurrence of Councilman Graves and moved to amend the ordinance by .reducing the license fee and waive first reading . The motion was seconded by Councilman Graves . The motion failed 4 � 3 ( Councilmen Griak , Hanks , Meland and Mayor Fleetham voting opposed ) . It was moved by Councilman Hanks , seconded by Councilman Meland to table . The motion failed 2 - 5 ( Councilmen Thiel , Druskin , Graves , Griak , and Mayor Fleetham opposed ) ( c ) REVIEW OF MINNETONKA BOULEVARD SIGNAL MODIFICATION AS PREPARED BY COUNTY This item was deferred until April 7 , 1975 ( d ) PEDESTRIAN BRIDGE CONSULTANT RECOMMENDATION It was moved by Councilman Griak , seconded by Councilman Meland , to authorize staff to negotiate a contract with Kirkham Michael & Associates . The motion passed 7 � Oc ( e ) ALABAMA PROPERTY 40TH AND 39TH STREETS It was moved by Councilman Graves , seconded by Coua1el �anCMetyanod , to waive first reading of " Ordinance Authorizing andyset second Lots 6 and 7 , Brookview Park Addition ( parking reading April 21 , 1975 = The motion passed 74o 97 Council Minutes , March 31 , 1975 lie NEW BUSINESS WORK SUPPLIES . TABULATION OF BIDS - STREET ( a ) seconded by Councilman Graves , was moved by Councilman HNorS � It in � Northwestern Gravel oaaduthorWzet to designate Koc1hwest1 r espons i bl e b �i dder s and t Aspha1 t as the 10 �ract. s The motion passed 7 - O fi execution of cont ( b ) PROCLAMATION - POPPY DAY. moseConionded by Councilman Griak , It was moved by Councilman Graves , The motion passed 7 , to authorize execution of" prod amat. . - 0 ( c ) CERTIFICATES OF COMMENDATION - STEPHEN DANIALS AND GREG LOISELLE Councilman Meland , It was moved by Councilman Griak , seconded iby ( Presentations to authorize the certificates of com were made ) The motion passed 7 � O , . d MAINTENANCE AGREEMENT FOR HIGHWAY 7 FRONTAGE ROAD RESOLUTION NOo 5250 It was moved by Councilman Hanks , seconded by Cou t� t � edn Griak , to waive reading and adopt. Resolution Noo 5250 en " Resolution Authorizing Agreement with State of Minnesota , Department of H i ghways to Provide Routine Maintenance of Certain Streets in St . Louis Park , Minnesota The motion passed 74 - ( e ) FAU HEARING It was moved by Councilman Hanks , seconded by Councilman Meland , to set public hearing to discuss location and route features of West 36th Street. pursuant to the provisions s i ons of Ti. tl e 23 , U > S Code , Section 128 , The hearing was set for Tuesday , May 6 1975 , Council Chambers , The motion passed 7 = 0 . 12 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 .. Bernard Benjamin , 3017 Nevada Avenue 2 , John A . Moroni , 3300 France Avenue 3 , F . D . Kenyon , 3955 Colorado Avenue 4e Gary A . DezotelI , 3801 Lynn Avenue 98 J