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Home My WebLink About1964/11/09 - ADMIN - Minutes - City Council - RegularMINUTES OF CIT Y C OUNCIL MEE TING ST. LOUIS PARK� MINNESC�TA Novembe r 9, 19 64 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Kenneth Wolfe at 8:00 p. m, 2. INVOCATION Invocation wae given by Rev. Ra1ph Erxckson of the Prince of Peace Lutheran Church. 3. ROLL CALL The following Councilmen were preeent at roll call: Robert Ehrenberg James Heltzer Fr auik How ard Curtis Pearson Robert Reynolda Leonard Thiel Kenneth Wolfe .Also present were the City Manager, City Attorney, Plann.ing I}irector, Director of Public Worke, and the Secretary. 4. MINUTES � motioa of Cowncilman Reynolds, seconded by Councilman Howard, the minutes of the regular meeting held October 26, 1964 were approved by a seven yea vote. 5. PUBLIC HEARINGS �aj �.'ROPQSED R.�:ZONING OF P�OPEKTY ON NOKTHWEST CORNER OF COUNTY ROAD 18 AND WAYZATA BOULEV.ARD FROM R-4 DISTRICT TO R-B AND B-2 DISTRICT REQUESTED BY WALLACE E. FREEMAN (CASE N4. 64-53-SP. y AS DES�RIBED IN NOTICE OF HEARING PUBLISHED OCTOBER 29, 1964. Wallace Freeman was present. Mapor Wolfe opened the hearing on this matter, Mayor Wolfe declared the heari.ng closed. It was moved by Councilman Pearson, seconded by Councilmaa Heltzer, to waive first reading of proposed ordinance and to set date for secoad reading on November 23, 1q64. Motion passed by a five yea vote. Councilman Reyr�olde and Councilman Ehrenberg voted nay. 23b Couac il Minute s- Novembe r q, 19 64 5. �b� A.PF'LICATION FOR TRANSFER OF LICENSE TO SELL INTOXI- CATING LIQUOR OFF SALE AT 2304 LOUISIA.NA A,VENUE BY WES TW OOD LIQ UORS, INC. , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED OCTOBER 29, 1964 AND NO VEMBER 5, 1964. Mayor Wolfe opened the hearing on this matter. Herbert Davis was preaent representing the applicant. He stated that Westwood Liquore, Inc� is under the single ownership of James Michael McGilligan. Mayor Wolfe declared the hearing closed. A motion was made by Councilman Heltzer� seconded by Councilman Thiel, to approve issuance of the licenee for Westwood Liquors, Inc. , subject to approval of the State Liquor Control Commis eioa. Motion pae e ed by a s even yea vote. �� IMF'ROVEMENT NO� 64-44, PROPOSED SANITA.RY SEWER IN FRA.NCE AVENUE FROM CEDAR LA.KE ROAD TO 240 FEET SOUTH, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED OC TOBER 29, 1964 AND NOVEMBER 5, 1964. Mayor Wolfe opened the hearing on this matter. Mayor Wolfe declared the hearing closed. RESOLUTIQN NO. 2694 � It was moved by Councilman Howard, seconded by Councilman Reynolds, to waive reading and adopt Resolution No. 2694 entitled Resolution Ordering Improvemeat No. b4-44. " Motion passed by a seven yea vote. (d) IMPROVEMENT NO. 64-37, PROPOSED WATER MAIN iN HAMPSHIRE AVENUE F�OM 16TH STREET TO TRUNK HIGHWAY NO. 12, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED OCTOBER 29, 1964 AND NOVEMBER 5, 1964. Mayor Wolfe opened the hearing on this matter. Mayor Wolfe declared the hearing ciosed. RES OLUTION NO. 2 b95 It wae moved by Councilman Thiel, sezonded by Cout�cilman Heltzer� to waive reading and adopt Resolution No. 2695 eatitled "Resolutioa Orderiag Improvement, Approviag Plans and O�dering Asivertise- rrient for Bids, Improvement No. b4-37'. " Motion passed by a seven yea vote. 237 Council Miaute s- Novembe r 9, 19 64 5. 6. (e) IMP�O�I�MENT NO. 64-38, PR�POSED GRADING IN HAMPSHIRE AVENUE FROM 300 FEET NORTH OF 16TH STREET TO TRUNK HIGHWAY NO. 12, AS DESCRIBED IN NOTICE OF HEARING PUB- LISHED OCTOBER 29� 1964 AND NOVEMBER 5, 1964. Mayor Wolfe opened the hearinge Martin Jones, 1394 Hampshire Avenue, was present in favor of the improvemen►t. Harry Beavarma.n wae also preaent. Mayor Wol#e declared the hearing closed. RESOLUTION NO. 2696 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 2696 entitled "Resolution Ordering Improvement, Approving Plaas and Ordering Advertisement for Bids, Improvement No. 64-38. " Motioa pasaed by a seven yea vote. PETITIONS, REQUESTS AND COMMUNICATiONS (a� APPLICATI�NS F�R RENEWAL OF INTOXICATING LIQUOR LICENSES ON SALE AND OFF SALE. It was moved by Councilman Pearson, seconded by Councilman Reynolds, to approve issuance of the following licenses and accept- ance of bonds subject to approval of State Liquor Controi Com- rnis sion: James Wong Toung, 4215 Excelsior Boulevard Al's Liquor Store, Inc. , 3912-16 Excelsior Boulevard Park House, Inc. , 4700 Excelsior Reis s' Inc. , 6910 We st Lake Street Motion passed by a seven yea vote. Boulevard Qn and off sale On and off sale On and off s ale On and off sale (bj PETITI�N FOR ziACATION OF SEWER EASEMENT RUNNING EAST AND WEST THROUGI-i LOT 6, BLOCK i, TEXA TOI�IKA 5TH ADDi- TION - BY ADOLPH FINE: ALSQ REPORT OF PLANNING COM- MISSION (CA.SE NO, 64-62-�TAC. ). RESOLUTION NO. 269? It was moved by Councilman Howard, aeconded by Councilman Reynolds, to waive reading and adopt Resolution No. Z69? entitled "Reaolution Initiating Proceedinge on Recommendation of the Plan- ning Commiesion and Calliag Hearing on Vacating Public Utility Easenlent. " Hearing will be held November Z3, 1964. Motioa paBsed by a seven yea vote, i� Council iVlinute s- Noveml3� � 9, 19 64 ?. RESOLUTIONS AND ORDINANCES �a) RESOLUTION APP�ZOVING PLANS AND SPECIFICATIONS AND A.UTHORIZING A.DVERTISEMENT FOR BIDS IMPROVEMENT NO. � _ 5. ., RESOLUTION NO. 2698 It �'ae moved by Councilman Howard, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 2698 entitled "Resolution Approving Plans and Speci fications and Authorizin A.dvertisement for Bids. " Motion passed by a seven yea vote. g (�) RESOLUTION A,ppROVING PLANS A.ND SPECIFICATIONS AND AUTHORIZING ADVEI�TISEMENT FOR BIDS IMPRQVEMENT N�• 65-3 .A.ND 65-1Z. RESOL UTION NO. 2699 Zt was moved by Councilman Heltzer, seconded by Councilman Reynolds, to waive reading and adopt Resolution No. 2699 entitled "Resolution Approving Plans and Specifications and Authoriziag A.dvertisement for Bids Improvement Nos. 65-3 and 65-1Z,'r Motion passed by a seven yea vote. 8: REPORTS OF OFFICERS, BOA.RDS AND C4MMITTEES (a) DIRECTOR OF PUBLIC VUORKS CER TIFICATE OF COMPLETION OF S UBDIVISION CONS TR UC TION CE DAR KNOLL MANOR FIFTH ADDITI4N. �. motion was rnade by Councilman Pearson, seconded by Council- man Thiel, to approve variance from provisions of the Subdivision Regulations relating to boulevard grading for Cedar Knoll Manor Fifth Addition. Motion passed by a seven yea vote. RESQLUTION N�. 2700 It was moved by Councilman Pearson, seconded by Counciiman Thiel, to waive reading and adopt Resolution No. 2700 entitled "Resolution Accepting Work for Subdivision Contract Conetruction Cedar Knoll Manor Fifth Addition. " Motion passed by a seven yea vote. 239 Council M i�stit�,s - November 9. 1964 8. (b) REPORT OF PLANNING COMMISSION (CASE NO. 64-51-SP) RECOMMENDING FA.VORABLY V:TITH CONDITIONS UPON THE REQUEST OF IRVING FRANKEL FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6:092. 8 OF ZONING ORDINANCE TO USE PROPERTY IN R-3 DISTRICT AT 2934-36 TEXAS AVENUE FOR DENTAL OFFICE. Herbert Grossman, attorney, was present representing the applic ant. RESOLUTION NO. Z701 It was moved by Councilman Heltzer, seconded by Councilman Howard, to waive readin� and adopt Reaolution No. 2701 , as amended, granting special permit. Motion passed by a aeven yea vote. (c) REPORT OF BOARD OF ZONING APPEALS (CASE NO. 64-5?-VAR. ) RECOMMENDING FAVORABLY UPON THE REQUEST OF DORN REALTY, INC. FOR VARIA.NCE FROM PROVISIONS OF SECTION b:074. 5 OF ZONING ORDINANCE TO BUILD HOME WITH 58.4 FOOT FRONTAGE AND ?, 179 SQUARE FEET OF A.REA INSTEAD OF REQUIRED SIXTY FOOT FRONTAGE AND 7, 200 SQUARE FEET AT 1649 ALABAMA AVENUE. Mr. Jensen was present. A rnotion was made by Councilman Pearson, seconded by Councilman Thiel, to set a date for public hearing on November 23, 1964. Motion passed by a seven yea vote. tdj REPORT OF B OARD �F ZONING APPEALS (CASE NO. 64-58-VAR. ) RECOMMENDING FA.V�RABLY UPON THE REQUEST OF MYRON ZOSS FOR VA.R.IANCE FROM PROVISIONS OF SECTION 6:178.4 SUBD. 1 OF ZONING ORDINANCE TO PERMIT A FRONT YARD SETBACK OF THIRTY-FIVE FEET INSTEAD OF REQUIRED FORTY FEET AT 4612 WEST 28TH STREET. Myron Zoss was pre�ent. A motion was made by Councilman Pearson, seconded by Councilman Heltzer, to set a date for public hearing on November 23, 1964. Motion passed by a sev en yea vote. (e) REPORT OF BOARD OF ZOIVING APPEALS (CASE NO. 64-59-VAR. ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF MA.RGARET L, ANTOINE FOR VARIANCE FROM PROVISIONS OF SECTION 6:064. 2 AND 6:064. 5 �F ZONING ORDINANCE TO • �� Council Minute s- Novembe r 9, 1 q 64 8. (e) PERMIT A SIDE YARD WIDTH ON THE NORTH OF THREE FEET INSTEAD OF REQUIRED SIX FEET, .A SIDE YARD ON THE SOUTH OF SE VE N FE E T INS TEAD OF RE Q UIRE D k'IF TEE N FEE T, A REA.R YA,RD SETBA.CK OF TWENTY-FIVE FEET INSTEAD OF REQ UIRE D THIR T Y- FIVE FEE T AND T O ALLOW A. FLOOR A.REA OF 2, 124 SQUARE FEET INSTEA.D OF PERMITTED Z, 026 SQUARE FEET AT 36?5 HUNTINGTON AVENUE. Mr. Antoine presented a petition to the Council from the neighbors requesting approval of the variance. A motion wae made by Council- man Reynolds, seconded by Councilman Thiel, to set a date for public hearing on November 23, 1964. Motion paesed by a aeven yea vote. �f� MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD OCTOBER 21, 1964, On hearing no objection, Mayor Wolfe ordered the minutes received for filing. (g) REPORT OF CITY MA_NAGER ON SALE OF LIQUOR TO A MINOR AT AL'S LIQUOR STORE (M. & C. NO. 64-27). A motion was made by Councilman Thi el, seconded by Councilman a eynolds, to��s�e,�a d�a e/, �fQr publi��.t �hearin� ^Novemb�py r 2y1 196 f'I'""�_''��..��// �i/ �7 "1N.i...�Ti�, - Z _ �Ti Y�t�%,.M.�-_ �7t.N.1.y.A � i/........� L:...c -�.-T�f'� ♦ p, m. Motion�passed y a roll c i vote of four yeas and � �-ya �'� three nays. Councilmen�el�t�zer, Pearson and Reynolds voted nay. _ tl�. x�. �..�.�. .-� a�•.�.�..�.� � �..r. ......� �..A �...�...� �.�.� 'd�`"�l �.1r Y 3 �f'�►N� (h j BOARD OF Z ONYNG APPEALS MINUTES OF MEE TING HE LD y� OCTOBER 22, 1964. Qn hearing no objection Mayor Wolfe ordered the minutes received for filing. (i) REPORT OF CITY MANAGER (M. & C. NO. 64-26) CONCERNING LAND FOR KILMER PARK. A motion was rr�ade by Councilman Pearson, seconded by Council- man Heltzer, that the staff discuss this matter further with the Village of Minnetonka. Motion passed by a seven yea vote. (j) FINANCIAL REPORT �F THE CITY FOR SEPTEMBER 1964 _ B Y THE CIT Y MA.NAGER. On hearing no objection Mayor Wolfe ordered the report received for filing. 241 Council Minute s- Nave mbe r 9, l 9 64 8. (k) REPORT OF LAND A.CQUISITIDN �. A. portion of northwest one-quarter of northeaet one-quarter of Section 18, Township 117, Range 21 (southeast of Great Northern Railway right-of-way at 31st Streetj from Indppendent School District No. 283, for street purposes. It was moved by Councilman Heltzer, seconded by Councilman Howard, to accept deed dated November 4, 1964 and to author- ize the City Clerk to file same for record. Motion passed by a s even ye a vote . �1) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 64- 21, ORNAME NTAL S TREE T LIGHTS ON AQ UILA AVENUE FROM 28TH STREET TO MINNETONKA BOULEVARD; 29TH STREET FROM BOONE A.VENUE TO AQUILA. AVENUE; 28TH STREET FROM BOONE A.VENUE TO AQUILA AVENUE; BOONE A.VENUE FROM 29TH STREET TO MINNETONKA BOULE VARD. RESOLUTION NO. 2702 It was moved by Councilman Heltzer, seconded by Councilman Reynolde, to waive reading and adopt Resolution No. 2?42 entitled "Resolution Receiving Reporta and Calling Hearing on Improvement No. 64-2I." Motion passed by a seven yea vote. (mf REPORT OF EMPLOYEE APPOINTMENT (RECREA_TION SUPER- �ISOR FOR PARKS A.ND RECREATION ). A motion was made by Councilman Ehrenberg, seconded by Councilman Reynolds, to consent and approve the appointment of Bruce W. Siewert as Recreation Supervisor effective November 23, 2964 at Range PA 1, Step B. Mation paseed by a seven yea vote. 9. UNFINISHED BUSINESS (aj REPORT OF CITY MANAGER CONCERNING ORDINANCE REVISION TO SECURE ADDITIONAL WA.TER REVENUES F ROM UNDER-REGISTERING METERS (DEFERRED FROM �CTOBER 2 b, 19 64 ). It wae moved by Councilmaa Heltzer, seconded by Coun�ilman Thiel, to waive first reading of proposed ordinance and to set a date for second reading on November 23, 1q64. Motion passed by a seven yea vote, 242 a•� � Cowacil Minutes - November 9, 1964 q. (b) A.WARD OF CONTRACT FOR SANITARY SEWER IMPROVEIViENT N4S. 64-11 AND 64-44. RESOLUTION NO. 2703 It wae moved by Councilman Thiel, eeconded by Councilman Heltzer, to waive reading and adopt fZesolution No. 2?03 entitled "Resolution A.ccepting Bid for Sanitary Sewer Improvement Noe. 64-11 and 64-44. " Motion paseed by a eeven yea vote. (c ) REPOR T OF PLANNING COMMISSION (CASE NO. 64-42-SP) RECOMMENDING � A.VORAIiLY WITH CONDITIONS UPON THE REQ UES T OF TRZ-S TA TE DE VE LOPMENT CORPORATION FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6:176.4 OF ZONING ORDINANCE FOR TOVITN HOUSES FOR RESIDENTIAL DEVELOPMENT UNIT ON NORTH SIDE OF CEDA,R LAKE ROAD EAST OF NATCHEZ AVENUE (DEFERRED FROM OCTOBER 26, 19 64 ). Mr. Thorahov was present and also present was Mr. Charlea Schieb of Tri-State Development Corporation. RESOLUTION NO. 2704 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adapt �esolution No. ZZ04 entitled "Resolution Granting Special Permit Under Section 6:1?6.4 of the St. Louis Park Z�oning Ordinance for Reaidential Development Unit, Town Houses, Tri-State Development Corporation. " Motioa pas s ed by a s even yea vote. 10. NE W B USINESS (a) TABULATION OF BIDS FOR TWO STATION WAGONS AND TWO COMPACE OR INTERMEDIATE SEDANS FOR FOLICE DEPART- MENT. It was moved by Councilman Heltzer, seconded by Cvuncilman Thile, to designate Kay Motors, Inc. as the loweat respansible bidder for two station v��a�ons, one compact sedan and one inter- mediate sedan and to accept bid in the total amount of $6, q01.45. Motion passed by a seven yea vote, {b ) A WARD OF C ONTRA.0 T FOR GA.RBAGE A.ND RE FUSE C OLLEC TION. A motion was made by Councilman Thiel, seconded by Counci.lman Peareon to defer action until November 23, 1964 to allow the staff to study the poesibility of the City making its own collection. Motion passed by a seven yea vote. 243 � Council Minute s- Novembe r 9, 19 64 I 0. (c) PUMP HOUSE NO. �13 �_ND APPURTENANT WORK, IMPROVEMEI�T NO. 64- 52, A. motion was �made, by Councilman Thiel, seconded by Councilman Pearson, to authorize advertisement for bids for pump�house No. 13 and appurtenan� work, Improvement No. 64-52. Motion passed by a seven yea vote. � (d) �ROPOSED GHANGE ORDER NO. 1 TO CONTRA.CT WITH LA►� E8 TI� A.ND SONS� INC. FOR STORM SEWER IMPROVEMENT NO. 6 b. .P motion ��vas m�de by Conncilman Pearson, seconded by Councilmaa Heltzer, to a�prove Change Order No. 1 to contract with Lametti and Sons, Inc. for atorm aewer Improvement No. 62-68., ,Motion passed by a seven yea votee , .(e) PROPOSED A.GREEIV�ENT FOFt jRTEST INDUSTRIAL ROAD CROSS- • INGS AND TRACK ELEVATION PR�JECT NO. 61-10 BETWEEN THE CITY OF ST., �LO'UIS PA.RK AND CHICAGO, MILWA.UKEE, ' ST. PA UL AND PA.CIFIC RAILROAD C OMPA NY. . A motion was made by Councilman Pearson, eeconded by Council- man Thiel, to approve the proposed agreement for west induetrial road crossings and track elevation Project No. 61-10 between the �.Ci,ty of St. Louis Park and Chicago, Milwaukee, St. Pautl and Pacific Railroad Company, and to authorize the Mayor and City , Manager to execute in behalf of the City. Motion passed by a seYen yea �ote. ' MISCE LLANE OUS (a) (b ) C LEGAL SERVICES FOR WESTLING CASE. , It was �moved by �ouncilman Heltzer, seconded by Councilman Thiel, to authorize Herbert Davis as legal representative of the City of St. Loui.s Park in the Westling case, as set forth in the letter from Mr. Davis dated October 6, 1964. Motion passed by a s even ye a vote . � - - WORKMENS COMPENSA.TION INSURANCE INVOICE. A motion was mzde by �'Councilman Heltzer, seconded by Councilman Thiel, that the staff and any CounciZman study and report on the insurance invoice for Workmens Compensation from C. L. Hurd Agency dated October �$, 196�. Motion passed by a aeven yea vote. 244 Council Minut es - November 9, 1964 � 1. (� j ZONING �N TEXAS AVENUE FROM 31ST STREET TO MINNE TONKA BOULE VARD. 12. 13. A motion was made by Councilman Heltzer, seconded by Council- man Thiel, that the staff study the zoning on Texas Avenue from 31st Street to Minnetonka Boulevard on hoth sides. Motion passed by a seven yea vote. CLAIMS. APPROPRIA.TIONS AND CONTRACT PA.YMENTS (aj (b } VERIFIED CLAIMS. On motion of Councilman Thiel, seconded by Councilman Reynolds, the lists of verified claims prepared by the Director of Finance and presented to the Counci�, dated Naverriber 9, 1964 in the total arnounta of $1, 997. 63 for payroll and $273, 390. 80 for vendors were approved as amended, by changing the claim for Egil Wefald & Associates, Inc. to $1q8. 00 and by adding a claim for Public Personnel As sociation in the amount of $54, �90, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks cove ring s ame. Motion pas s ed by a s even yea vote. C�N TRAC T PAYMENTS. I. Partial Payment No. 1. Construction of Well No. 14. Contractor, Bergerson-Caswell, Inc. Amount, $i, 805. ?0. 2. Partial Payment No. 4. Concrete sidewalk repair, Improve- ment No. 63-2. Contractor, Hiawatha Cement Company. Amount, $9, 257. 88. pn rnotion of Councilman Ehrenberg, seconded by Councilman Howard, the above payments on cor�tract work presented by the City Enginee r we re approved and the City Manager, City Cle rk and City Treasurer were authorized to issue checks for their respective amounts, by a seven yea vote. ADJOURN�NT pn motion of Councilman Pearson, seconded by Councilman Reyno�d8, the meeting was adjourned at 11;10 p. m� , by a seven yea vote. , --� �_ i � ;. Attest: � � �� eph J stad, ecretary 245 C�- -_� =�-�L�:.��j-��V. .�/,� Kenn�th V�olfe, Mayor % ��