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Home My WebLink About1963/12/09 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST , LOUIS PARK , MINNESOTA December 9 , i C1 6 3 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Kenneth Wolfe at 3 p . m . 2 . INVOCATION Invocation was given by Rev . Eennett Brudevold of the Aldersgat3 Methodist Church , 3 . ROLL CALL The following Councilmen were present at roll call : Robert Ehrenberg Frank Howard Curtis Pearson Robert Shank Leonard Thiel Kenneth Wolfe Also present were the City Manager , City Attorney , Planning Director , Director of Public Works , Assessor and the Secretary . Councilman Heltzer arrived at 9 : 30 p . m , 4 . MINUTES On motion of Conncilman Howard , seconded by Councilman Thiel , the minutes of the regular meetingsheld November 2S and 26 , 1963 , were approved by a six yea vote . 5 . PUBLIC HEARINGS ( a ) PROPOSED REZONING OF LOTS 1 THROUGH 14 , BLOCK 143 , REARRANGE - MENT OF ST , LOUIS PARK ( SOUTH SIDE OF NEST LAKE STREET FROM TAFT AVENUE iVESTERLY APPROXIMATELY 263 FEET ) FROM I - 1 INDUSTRIAL DISTRICT TO R - 2 SINGLE FAMILY RESIDENCE DISTRICT , INITIATED BY THE CITY COUNCIL ( CASE 63 - 74 - Z ) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 21 , 1963 . Mayor ilolfe opened the hearing on this matter . No one present was interested in this matter . Mayor Wolfe declared the hearing closed . 313 Council Minutes - December 9 , 1963 5 . It was moved by Council , . , an Thiel , seconded by Council - man Pearson , to waive :First reading of proposed ordinance and to set date for second reading on December 16 , 1963 . Motion passed by a six yea vote . ( Councilman Heltzer not present . ) ( b) PROPOSED REZONING OF LOTS 3 AND 4 , BROOKSIDE SUBDIVISION # 2 FROM R - B RESIDENTIAL BUSINESS DISTRICT TO B - 2 GENERAL BUSINESS DISTRICT , REQUESTED BY EDGAR A . CHARLES , DOROTHY F . CHARLES AND NOMRAH , INC . ( CASE N0 . 63 - 72 - Z) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 21 , 1963 . Mayor LVolfe opened the hearing on this matter . The following persons wer ` present in favor of request . Lawrence Sauter ., 4053 Alabama Avenue and R . H . Baumgardner , Presidentof she Nomrah , Inc . Mayor Wolfe declared the hearing closed . It was moved by Councilman Howard , seconded by Council - man Thiel , to waive first reading of proposed ordinance and to set date for second reading on December 16 , 1963 . Motion lost by the following roll call vote : Councilman Ehrenberg , nay ; Councilman Howard , yea ; Councilman Pearson , nay ; Councilman Shank , yea ; Councilman Thiel , yea ; Mayor Wolfe ,, nay . ( Councilman Heltzer not present . ) ( c ) PROPOSED REZONING OF 4120 EXCELSIOR BOULEVARD FROM R - B RESIDENTIAL - BUSINESS DISTRICT TO B - 2 GENERAL BUSINESS DISTRICT , REQUESTED BY H . P.ND H HOLDING COMPANY ( CASE NO , 63 - 64 - Z) AS DESCRTBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 2. 1 , 1963 . Mayor Wolfe _ ope �-led the hearing on this matter . H . Langdon , representing 3551 - 59 Huntington Avenue , was present . Letter , dated November 19 , 1963 , was received from the applicant requesting continuance of hearing . It was moved by Councilman Pearson , seconded by Council - man Howard , that the hearing as above be continued to December 16 ; 1963 . Mo -;. ion passed by a five yea vote , Councilman Shank : abstained from voting . ( Councilman Heltzer not present . ) 314 Council Minutes - Dacember 91 1963 so ( d) PROPOSED REZONING OF xL130 E:ELLS IOR BOULEVARD FROM R - B RESIDENTIAL BUSINESS DISTRICT TO B - 2 GENERAL BUSINESS DISTRICT , INITIATED BY PLANNING COMMISSION ( CASE NO , 63 - 76 - 27j) AS DESCP. IBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 21 , 1963 . Mayor Wolfe opened the hearing on this matter . Mr . Ninegarten , owner of 4130 Excelsior Boulevard and Attorney T . Reiersgord representing owner were present at the meeting . Due to the request for continuance of hearing on item 5 ( c ) the following motion was made . It was moved by Councilman Ehrenberg , seconded by Council - man Howard , that the hearing on the above matter be continued December 16 , 1963 . Motion passed by a five yea vote . Councilman Shank abstained from voting . ( Councilman Heltzer not present . ) 6 . PETITIONS , REQUESTS AND COMMUNICATIONS ( a) PROPOSED FINAL PLAT OF HILLSBORO OAKS ADDITION ( NORTH OF i*IEST 32ND STREET AND WEST OF HILLSBORO AVENUE ) REQUESTED BY MR-S. ;1ILLIS SHIPPAM , RESOLUTION NO , 2400 It was moved by Councilman Pearson , seconded by Council- man Thiel , to waive reading and adopt Resolution No . 2400 entitled , ' .Resolution Giving Approval for Final Plat of Hillsboro Oaks Additions' , subject to Attorney ' s approval . Motion passed by a seven yea vote . ( b ) APPLICATIONS FOR RENEL91AL OF INTOXICATING LIQUOR LICENSES ON SALE FOR 1964 . It was moved by Councilman Pearson , seconded by Council - man Heltzer to approve the issuance of the following licenses and acceptance of the bonds . " 1 . James Vlorg Toung - 4215 Excelsior Boulevard - On Sale 2 . Red Coach Inn - 4630 Excelsior Boulevard - On Sale 3 . Minneapolis Golf Club - Club License - On Sale 4 . American Legion Post No . 2U, 2 is - On Sale 5 . V , FaWe St . Louis ParkNo . 5632 r ' - On Sale 315 Council Minutes - December 9 , 1963 6 , ( c ) NOTIFICATION OF INTENT TO HO _ A BINGO GAME - BY VETERANS OF FOREIGN [ BARS POST NO , 5632 , UNTIL MAY 315 1964 . On hearing noobjections the Mayor ordered the notification received for filing . ( d) APPLICATION FOR LICENSE TO SELL NON . INTOXICATING MALT LIQUOR OFF SALE AT E;CELSIOR IWIK SHOP , 6006 E: , CELSIOR BOULEVARD , BY ELI GOLOB . I -t was, rnoved by Councilman Thiel , seconded by Council - man Heltzer , to approve issuance of the above license . Motion passed by a seven yea vote . 70 RESOLUTIONS AND ORDINANCES ( a) RESOLUTION APPROPRIATION OF MUNICIPAL STATE -AID FUNDS TO TRUNK HIGH10JAY PROJECT NO , 63 - 010 - 03 (HIGH -7AY NO , 100 - DEFEP.REDF FROM NOVEMBER 25 , 196 3 ) . It was moved by Councilman Ehrenberry , seconded by Councilman Thiel , that action on the above matter be deferred to December 16 , 1963 . Motion passed by a seven yea vote . (b) RESOLUTION APPROPRIATION OF MUNICIPAL STATE -AID FUNDS TO COUNTY STATE - AID HIGHIVAY PROJECT NOS . 63 - 020 - 02 (MINNETONXA BOULEVARD) , 63 - 02043 ( CEDAR LAKE ROAD) , AND 63 - 020 - 04 (FRANCE AVENUE ) , DEFERRED FROM NOVEMBER 25 , 1963 . It was moved by Councilman Ehrenberg , seconded by Councilman Thiel , that action on the above matter be deferred to December 16 , 1963 . Motion passed by a seven yea vote . (c) SECOND READING OF PROPOSED ORDINANCE AMENDING SECTION 4 : 414 , SUBDIVISION 1 , ENTITLED " INTOXICATION " OF THE ST . LOUIS PARK ORDINANCE CODE , RELATING TO BEING OR BECOMING INTO: , ICATED FROM INTO,, ICATING LIQUORS IN THE CITY OF ST . LOUIS PARK . ORDINANCE NO , 902 It was moved by Councilman Howard , seconded by Council - man Thiel , to waive second reading and adopt Ordinance No . 902 , entitled , " An Ordinance Amending Section rE : 414 , Sub - Division 1 , Entitled " Intoxication " of the St . Louis Park Relating to Being or Becoming Intoxicated Ordinance Code , from Intoxicating Liquors in the City of Sit . Louis Park ` . Motion passed by a seven yea vote . 316 Council Minutes - December 9 , 1963 U . REPORTS OF OFFICERS , BOARDS AND Cl ITTTEES ( a) REPORT OF THE CITY MANAGER (M . Ce N0 , 63 - 21 ) CONCERNING WAGE ADJUSTMENTS FOR 19640 It was moved by Councilman Ehrenberg , seconded by Councilman Thiel , that discussion on this matter be adjourned to December 16 , 1963 at 7 p . m . , a special meeting to be called by the Mayor . Motion passed by a seven yea vote . (b) RECOMMENDATION OF THE BUILDING CONSTRUCTION CODES ADVISORY COMMISSION CONCERNING HOUSE AT 2615 IDAHO AVENUE (REGUESTED BY COUNCIL OCTOBER 2U , 1963 ) . Mr . Dollinger was present . It was moved by Councilman Pearson , seconded by Council . man Heltzer , to approve the recommendation of the Building Construction Codes Advisory Commission Report , dated November 21 , 1963 as follovas : " 'that the building owner shall bring the building up to standard to substantially comply With all building codes within a reasonable lenvth of time or remove the building Motion passed by a seven yea vote . It was moved by Councilman Heltzer , seconded by Council . man Shank , that the Staff be directed to take immediate action on this matter . Motion passed by a seven yea vote . ( c) MINUTES OF BUILDING CONSTRUCTION CODES ADVISORY COMMISSION MEETING HELD NOVEMBER 2l , 19530 On hearing no objections the Mayor ordered the minutes received for filing . ( d) REPORT OF LAND ACQUISITION 1 . Deed for a portion of Dakota Avenue between and 27th Street from Stanley and Malan Braatonth Street It was moved by Councilman Heltzer , seconded b Council - man Ehrenberg , to accept the above deed and authorize the City Clerk to file same for record , Mote passed seven yea vote . P by a 317 Council Minutes - December 9 , 1963 3 . ( e ) REPORT OF THE CITY ATTORNEY ACERNING MINNEAP0LIS ZONING MATTER - EWING AND 22ND STREET (REQUESTED NOVEMBER 1011 1963 ) . It was moved by Councilman Ehrenberg , seconded by Councilman Shank , that the City Attorney be commended for his report on the above subject and that he be requested to follow through on this matter . Motion passed by a seven yea vote . ( f) FINANCIAL REPORT OF THE CITY FOR OCTOBER 1963 - BY THE CITY MANAGER . On hearing no objections the Mayor ordered the rpport received for filing . ( g) REPORT OF THE BUILDING CONSTRUCTION CODES ADVISORY COMMN ISSION ( CASE NO . 6343 - BE) CONCERNING SECTION 602 ( a) BUILDINGS OF GROUP A OCCUPANCIES AND SECTION 3306 ( c) RAMPS USED AS EXITS , OF THE BUILDING CODE , REQUESTED BY MELODY TOP THEATRES , Mr . Mann of Theatre Company was present . It was moved by Councilman Pearson , seconded by Council - man Shank , that the Fire R .osistant Tent as proposed before the Building Construction Codes Advisory Commission ( Case 63 - 03 - BE) and as approved by the City Fire Chief be accepted as a suitable alternate to Section 602 ( a) of the Building Code . Motion lost by the following roll call vote : Councilman Heltzer , yea ; Councilman Howard , nay ; Councilman Pearson , yea ; Councilman Shank , nay ; Councilman Thie7 , nay ; Mayor Wolfe , nay . Councilman Ehrenberg abstained from voting . Councilman Pearson requested that the minutes show that the Building Inspector has communicated with other Cities who have used this alternate and that he is in favor of same . It was moved by Councilman Howard , seconded by Council - man Pearson , to reconsider the above motion . Motion passed by a seven yea vote . Whereupon Councilman Pearson withdrew his original motion having received the consent of the second . 31u Council Minutes - December 9 , 1963 G . It was moved by Council . n Heltzer , seconded by Councilman Pearson , that further action in this matter be deferred to December 16 , 1963 . Motion passed by a seven yea vote . (h ) SLOCUPI - NESTERN OIL Mr . Fredrickson and Mr . Watson representing Western Oil , were present . After considerable discussion - A motion was made by Councilman Shank , seconded by Councilman Thiel , -chat further discussion and action on this matter be deferred to December 161 19630 Motion passed by a si .: yea vote . ( Councilman Ehrenberg not present when vote was taken , ) 9 , UNFINISHED BUSINESS ( a ) IMPROVEMENT NO , 62 - 79 , PROPOSED SANITARY SEWER CONSTRUCTION ON SOUTH SIDE OF HIGH ,JAY NO , 7 FROM RALEIGH AVENUE TO NAT CHEZ AVENUE ; NAT CHEZ AVENUE FROM HIGIT -JAY NO . 7 TO LOT 5 , BLOCK 1 , LENISTON PARK ADDITION ; FROM HIGH11AY NO , 7 TO LOT u , BLOCK 3 , AND LOT o , BLOCK 4 , LE[ 1ISTON PARD ADDITION ; RALEIGH AVENUE FR0I1 HIGH1,VAY NO , 7 to 33RD STREET ; 3311.1D STREET FROM HIGHt 'JAY NO , 7 TO QUENTIN AVENUE ( HEARING HELD NOVEMBER 25 , 1963 , ACTION DEFERRED) , RESOLUTION N0 , 2451 It was moved by Councilman Heltzer , seconded by Council - man Thiel , -co waive reading and adopt Resolution No . 24 $ 1 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 62 - 79 ` - . Motion passed by a seven yea vote . ( b ) IMPROVEMENT N0 , 62 - 0O3 PROPOSED `NATER MAIN CONSTRUCTION IN RALEIGH AVENUE FROM NORTH SIDE OF HIGHWAY N0 , 7 TO 33rd STREET ; SOUTH SID ' OF HIGHTVAY NO , 7 FROM RALEIGH AVENUE TO LYNN AVENUE ; 33RD STREET FROiyi HIGWJAY NO , 7 TO QUENTIN AVENUE : QUENTIN AVENUE FROM 33RD STREET TO HIGWAY N0 , 7 ; NAT CHEZ AVENUE F R0MI HIGIf lAY NO . 7 TO NORTH LINE LOT 5 , BLOCK 1 ; LE; 1ISTON PARK ADDITION (HEARING HELD NOVEMBER 257 19633 ACTION DEFERRED ) , 319 Council Minutes - December 9 , 1963 9 . RESOLUTION 2402 It was moved by Councilman Thiel , seconded by Council - man Shank , to Naive reading and adopt Resolution No . 2482 , entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 62 - 00 Motion passed by a seven yea voce . ( c ) COMMUNICATION FROM HENNEPIN COUNTY LEAGUE OF MUNICIPALTIES CONCERNING LEASING OF OFFICE SPACE ( DEFERRED NOVEMBER 26 , 1963 ) . The City Manager reported that the Hennepin County League of Municipalities have signed a new leas ` for one year at their present location , so that action on this matter can be deferred indefinely . It was moved uy Councilman Shank , seconded by Council - man Thiel , that the above matter be tabled . Motion passed by a seven yea vote . ( d) COMMUNICATION FROM EARL A . CARLSON , 3209 ..ENWOOD AVENUE CONCERNING ASSESSMENT FOR ALLEY PAVING ( DEFERRED FROM NOVEMBER 26 , 1963) . It was moved by Councilman seconded by Ehrenberg , Councilman Heltzer , that the above matter be deferred to December 16 , 1963 and that the City Manager notify Mr . Carlson that the matter will be before the Council on that date . Motion passed by a seven yea vote . 10 . NEW BUSINESS ( a) TWO MILLION GALLON RESERVOIR AND APPURTENANT VIORK IMPROVE - MENT PROJECT NO , 63 - 33C , ' — Harry Mayeron of Orr - Sehelen -Mayeron & Associates , Inc . was present , It was moved by Councilman Thiel , seconded by Council - man Ehrenberg , to authorize advertisement for bids for two million gallon reservoir and appurtenant work , Improvement No . 63 - 33C . Motion passed by a six yea vote . ( Councilman Heltzer not present when vote was taken . ) 320 Council Minutes December 9 , 1963 10 * (b ) COUNCILMAN HOt'JAI'.D REPORTED AP. DING LIGHTS BOTI-I �: RING NEIGHBORS NEAR THE BOYER - G ] L . . lLLAN USED CAR LOT Councilman Howard requestdd that someone look into this matter and have the lights regulated as they should be . ll . MISCELLANEOUS ( a) REGARDING ACC �; DENTS Ar". 36TH STREET AND AQUILA AVENUE , Councilman el -L IIzer spoke regarding 36th Street and Aquila Avenue , vW- here there have been a lot of accidents . He was told tha -L s . op signs were being installed . (b ) REGARDING AGENDAS FOR VARIOUS CITY COMMISSIONS AND BOARDS . Couneilmp. n Pearson spoke regarding agendas for various City commissions ano boards . Council members should receive a copy of agenda for each Board . The City M = aL.3 dill take care of this , It was moved by Councilman Pearson , seednded by Council . man Thiel , that each Councilman should receive a copy of all agendas preceeding meeting of each Board . Motion passed by a seven yea vote . 12 . CLAII IS , APPROP ?� J ATIONS AND CONTRACT PAYMENTS ( a) VERjIFIED CLA -j MS On motion. of Councilman Thiel , seconded by Councilman Howard , the ' fists cf verified claims , as amended to include Soil Exploration. Company , prepared by the Director of Finance and p -rescnt i: o the Council in the total amounts of $ l , 213 . 32 , ion payl� ol ' , and $ 02 , 657 . 13 for vendors were approved , and -t - he City Manager , City Treasurer City Clerk and re zufi1 ori. zed to issue checks covering same , by a ro :_ ea�_ ? _ ' Oto of seven yeas , (b ) PAYMENTS ON C.nNr reAC-., WOR1 : ia Par ial Psymen-1. i ? o . l ] bu _ , or Electrical ti•jork fmunicipal i ding o Cin-` -_^ ae �: • , �� ; P,eliable Electric Company , Inc . �lmo � nL , $ 92C` . 76 . 321 Council Minutes - December 9 , 1963 12 , 2 . Partial Payment No . 2 . Furnishing Office Equipment , Contractor , Business Ft- iiture , Inc . Amount , $ 31500 . 000 On motion of Councilman Pearson , seconded by Councilman Heltzer , the above payments on contract work presented by the City Engineer were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a seven yea vote . 3 . Final Payment , Hot Mix +Alley Paving , Improvement Nos . 63 - 7 , 63 - 81 63 - 10 , 63 - 164) 63 - 201P 63 - 221 63 - 23 . Contractor , Black Top Service Company , Amount , ' $ 14 , 90' 4 . 33 ( Deferred from November 25 ) 1963 ) . It was moved by Councilman Ehrenberg , seconded by Councilman Thiel , to defer action on above payment to December 16 , 1963 , Motion passed by a seven yea vote . 4 . Final Payment . Contract for furnishing improvements in Texa -Tonka Terrace Second Addition . Contractor , Texa - Tonka Shopping Center , Inc . Amount , None , RESOLUTION N0 , 2483 It was moved by Councilman Pearson , seconded by Council - man Shank , to waive reading and acb pt Resolution No . 2403 , entitled , " Resolution Accepting Work for Subdivision Contract Construction Texa -Tonka Terrace Second Addition ' . Motion passed by a seven yea vote , 5 Final Payment , Sanitary Sewer and water main , ImprovemEn t Nos . 61 - 31 , 62 - 76 , 63 - 4 , 63 - 18 and 6244 . Contractor , Barbarossa & Sons , Inc . Amount , $ 8 , 071 , 50 . RESOLUTION NO , 24UO4 It was moved by Councilman Ehrenberg , seconded by Council - man Heltzer , to waive reading and adopt Resolution No . 2484 , entitled , ' Resolution Accepting Work on Sanitary Sewer and [Vater Main Improvement Nos , 61 - 315 62 - 767 63 - 43 63 - 101) 62 - 84" . Motion passed by a seven yea vote . 13 . ADJOURNMENT On motion of Councilman Pearson , seconded by Councilman Heltzer , the meeting was adjourned at 11 : 35 p . m . , by a seven yea vote , C. Kenne 1101fe , Mayor ATTEST : , )iosep Jus d , Secr ? tart' 322 MINUTES OF CITY COUNCIL CANVASS ING ELECTION RETURNS December 9 , 1963 Following the regular Council meeting Mayor �&Jolfe called a meeting of the Canvassing Board to canvass the City Election reports of December 3 , 1963 , All Councilmen were present . The Return Sheets and Certificates of all Precincts were reviewed . RESOLUTION NO , 2405 It was moved by Councilman Heltzer , seconded by Councilman Ehrenberg , to waive reading and adopt Resolution No . 24C5 , en - titled , ' ' Resolution Canvassing Election Returns of City General Election held December 3 , 196311 . Motion passed by a vote of six yeas , ( Councilman Howard out of room when vote was taken , Mayor Nolf` adjourned the meeting . Ken eth lVolfe , Mayor ATTEST : 01 ;t7oseph Just 'd , Secretary 323