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Home My WebLink About1965/11/15 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY COUNCIL MEETING S T. LOULS P�iRK, MINNES OTA November 15, 1965 1. CALL TO ORI3ER A regular meeting of the Gity Council was called to order by Mayor Kenneth Wolfe at 8:00 p, m. 2. INV OCA T ION Invocation was given by Rev. Willard Albertson of the Prince of Peace Lutheran Church. 3. R OLL CALL The following Councilmen were present at roll call: James Heltzer Frank �'toward Curtis Pearson Robert Reynolds Leonard Thiel Kenneth Wolfe A1so present were the City Manager, City Attorney, Planning �irector, Director of Public Works, and the secretary. Councilman Ehrenberg arrived at 8:03 p. m. 4. MINUTES On motion of Councilman Reynolds, seconded by Councilman Haward, the minutes of the regular meeting held November 1, 1965 were approved by a five yea vote. 5. PUBLIC �IEARINCS �a} PROPOSEL VA.�IANCE FROM P�OVLSIONS OF SECTION 6:124.4 OF THE ZONING ORDINANCE TO PERNiIT � SIDE YARD �V�IDT� OF TWO FEET INSTEAi� OF THE REQUIRED SIX FEET AT ?105 CEDA.R LAKE ROA��, AS DESCRIBED IN NOTICE OF HEARING PUBLISHE�� NOVEMBER 5, 1965 (GASE NO. 65-54-VAR. � RE- �UESTED BY WESTWOOD SI-iOPPING CENTER, INC. Councilman Ehrenberg arrived at 8:03 p. m. Wallace Bruce, applicant, was present and described plans for the addition to the shopping center. 227 Council Minutee - November 15, 1965 5. (a) M. W. Orbuch, 2Z64 Kentucky Lane, Everett Sorenson, 2274 Kentucky Lane, John Knight, 7010 West 23rd Street, H, J. Olson, ? 100 V�est 23rd Sireet, Florence Douglas, 2280 Kentucky Lane were present. Mr. Sorenson, Mr. Knight, and Mrs. Douglas were in favor of the proposed variance. After discussion by the Council of the proposed variance and the hardship in connection with it, a motion was made by Councilman Pearson, seconded by Councilman Reynolds, to waive reading and adopt resolution approving the variance, amended to include a closed fence built from Cedar Lake Road from the southeast corner and around the corner in a westerly direction to cover all areas where there is no fence, and also to include an underground drainage system to be built to carry water from the south and east property lines to Cedar La.ke Road. Motion lost by a roll call vote of three yeas and three nays, Councilmen Ehrenberg, Hov�a. rd, and Heltzer voting nay. It was moved b�y Counciiman Howard, seconded by Councilman Pearson, to reconsider the matter. Motion passed by a six yea vote. A motion was made by Councilman Howard, seconded by Councilman Pearson, to refer the proposed variance to staff and Planning Com- mi s s ion to . inve s ti gate the que s tion of how the o rdinanc e c an be changed to provide Council with discretionary authority in theae matters. Motion passed by a six yea vote. It was moved by Councilman Howard, seconded by Councilman Reynolds, to defer the matter until ISecember 13, 1965. Motion pas s ed by a s ix yea vote. (b) PROPOSED VARiANCE FROM PROVISIONS OF SECTION 6:094.2 OF THE ZONING ORDINANCE TO PEtZMIT AN EIGHT UNIT APA.RT- MENT BUILDING Vl%ITH GROUND FLOOR ARE�i OF 33% INSTEAI? OF THE MAXIMUM �F 20% A.T 5I24 MINNETONKA 80ULEVARD, AS DESC�iBED IN NOTICE OF HEARING PUBLISHEI3 NOVEMBER 4, 1965 (CASE NO. 65-5?-VAR. } RE�2UESTED BY GERALD M. FINE. Mr. Ge rald Fine was pre s ent to inform the Council of the ba.ck- ground for his request. Mayor Wolfe declared the hearing closed. It was moved by Councilman Howard, seconded by Councilrtian Heltzer, to deny the request. Motion passed by a six yea vote. (c) IMPROVEMENT NO. 64-22, PROPOSED GRADING ON OXFORD STREET F�t02Vi 36TN STREET TO FRANCE AVENUE (EAST INDUSTRLA.L ROA.D) AS DESCRIBED IN NOTICE OF HEARiNG 228 Council Minutes - November 15, 1965 5. {c) PUBLISHED OCTOBE�Z Z1, 19b5 AND OCTOBER 28, i9b5. A motion was made by Councilman Ehrenberg, seconded by Councilman Pearson, that the hearing be adjourned until January 17, 19b� and those persons notified of the hearing this evening be notified again. Motion pas s ed by a six yea vote, 6. PE TITIONS, I�EQ UES TS AND COMMU1vICATIONS (a) COMIvIUNICATION FROM EARL E. WILS4N REQUESTING ADJUSTMENT OF ASSESSMENT FOR STORM SEWER ON EAST SII�E OF KIPLING AVENUE SOUTH OF 36i STREET. RESOLUTION NO. 2938 It was moved by Councilman Pearson, seconded by Councilman Howard, to waive reading and adopt Resolution No. 2938 entitled "Resolution Cancelling Special Assessments in Part Improvement No. 6�-31. " Motion passed by a five yea vote. Councilman Heltzer was not present. (b) APPLICA.TION FOR LICENSE TO SELL NON-INTOXICATING MALT LIQUOR OFF SA.LE BY SHOPPERS' CITY, INC. A.T 3700 HIGHW AY NO. 100. A motion was made by Council.man Heltzer, seconded by Council- man Howard, to approve issuance of the license. Moti�n passed by a six yea vote. (c) APPLICATION FOR LICENSE TO SELL NON-INTOXICATING LIQUOR �N SALE AT 5420 EXCELSIOR BOULEVARD BY DANTE'S, INC. Mr. William Geimer, attorney for the applicants,was present. It was moved by Councilman Ehrenberg, seconded by Gouncilman Reynolds, to set date for public hearing on December 13, 1965. Motion passed by a five yea vote. Councilman Heltzer was not present. td) APPLICATIONS FOR RENEWAL OF INTOXICATING LIQUOR LICENSES. No action taken . (e ) APPLICATION FOtZ LICENSE T O SE LL ON SALE INT OXICATING LIQUOR AT RED COACH INN, 4630 EXCELSIOR BOULEVA.RD. 229 Council I�/inute s- Novembe r 15, 19 65 6. (e) It was moved by Councilman i�eynolds, seconded by Councilman Pearson, to set date for public hearing on December I3, 1965. Motion pas sed by a five yea vote. Councilman Heltzer was not present. ?. RESOLUTIONS AND QR�INA.NCES (a) RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBA.N h►ENNEPIN COUNT Y NURSING DISTRICT. RESOLUTION NO. 2939 It was moved by Councilman Pearson, seconded by Councilman �ioward, to waive reading and adopt Resolution No. 2939 entitled "Resolution Relating to Participation in the Suburban Hennepin County Nursing �istrict. " Motion passed by a six yea vote. (b) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES GENERA.L ELECTION DECEMBER ?, 1965. RESOLUTI�N NO. 2940 A motion was made by Councilman R.eynolds, seconded by Councii- man Howard, to waive reading and adopt :tZ.eaolution No. 2940 entitled "tZesolution Setting Polling i'laces and Naming Elec:tion Judges for General Election. " Motion passed by a six yea vote. (c) FcESOLUTION AUTHORIZING AGREEMENT WITI� THE STATE OF MINNESOTA �ROVII3ING PAYMENT FOR PORTION OF C06T OF STORM SEWER PiZOJECT NO. 64-42. RESOLUTION NO. 2941 It was moved by Councilman Ehrenberg, seconded by Councilman Howard, to waive reading and adopt Resolution No. 2941 entitled "tZesolution Authorizing Agreement with the State of Minnesota Providing Payment for Portioa of Cost of Storm Sewer Project No. 64-42. " Iv�otion passed by a six yea vote. 8. REPORTS OF OFFICERS, BOAR�S AND COMMITTEES (a j PRE LIMINA.t� Y REP OR T OF THE I?IRE C T OR OF P UB LIC W ORKS WITh RESPECT TO TtiE F�LLOWING IMPROYEMENTS: 1. No. 63-19A, landscaping trees on �Test 28th Street from Louisiana Av�nue to Virginia Avenue. 230 Council Minute s- Novembe r 15, 19 65 � 8. (a) 2. No. 65-43�,., landscaping trees on i�est 33rd Street from Texa.s Avenu� to Aquila Avenue. RESOLUTION NO. 2942 It was rnoved by Councilman Heltzer, seconded by Councilman Ehrenberg, to waive reading and adoptResolution No. 2942 entitled "Resolution Receiving Reports and �'lans, Ordering Improvement, Approving Plans and Specifications, and Author- izing Advertisement for Bids, Improvement Numbers 63-19A and 65-43A. " Motion passed by a six yea vote. A motion was made by Councilman Ehrenberg, seconded by Councilman Heltzer, that staff present for Council consideration a uniform policy for plantings on boulevard state-aid maintenance street�s. Motion paesed by a six yea vote. (b) REPORT OF EMPLOYEE APPOINTMENT (PQLICE DEPARTMENT). A motion was made by Councilman Reynolds, seconded by Council- man Howard, to consent and approve the appointment of Richard A. Anderson, police patrolman, Range PS Z, Step A, effective November 15, 1965. Motion passed by a six yea vote. (c) REPORT OF CITY MANAGER (M. & C. NO. 65-31) CONCERN- ING CONPLAINT ON POLICE SERVICES. A motion was made by Councilman Ehrenberg, seconded by Councilman �eynolds, that the report be filed. Motion passed by a six yea vote. (d) REPOi2T OF CITY MANAGER (M. & C. NO. 65-32) REGARDING THE ROL�.�ER GARDEI�i. 5622 WEST LAKE STREET (REQUESTED AUGUS T 30, 19 b5 j. It was moved by Councilman Keltzer, seconded by Councilman Howard, that the report be filed and a copy aent to Mr. Hardacker of the Roller Garden. Motion pas sed by a six yea vote. (e� PRELIMiNAI��Y �EPORT OF THE DIRECTOR 4F PUBLIC WQRKS AND ASSESSMENT REPGRT WITt-: tZESPECT TO IMPROVEMENT NO. 66-08, PAVING, TRAFFIC SIGN�LZS, STREET LIGHTING, AND SiDEWALK ON EXCELSIOR BOULEVARD FROM TRUNK HIGHVtTAY NO. 100 T O FRANC�. AVEiJUE. 231 Counci.l Minutes - November 15, 1965 8. �e ) RES OLUTION N�. 2943 (f ) Eg ) It was moved by Councilman Pearson, seconded b�y Councilman Reynolds, to waive reading and adopt Resolution No. 2943 entitled "Resolution l�eceiving Reports and Galling Hearing on Improv�ment No. 66-08. " Notion passed by a five yea vote. Councilman Ehrenberg was not present. It was suggested that a meeting with businessea concerned with the �improvement of Excelsior Boulevard be held before the hearing. Mr. Edeleman asked that Oscar husby be notified of the meeting. REPORT O� CITY MANAGER (M. & C. NO. 65-33) CONCERN- ING KENNETH WOLFE PARK. RESOLUTION NO. 2944 It was moved by Councilman Reynolds, seconded by Councilman Heltzer, ta waive reading and adopt Resolution No. 2944 entitled "Resolution Authorizing Taking of La.nd by Eminent Domain for Park Purposes, Addition to Kenneth Wolfe Park. " Motion passed by a six yea vote. FINANCIAL REPORT OF THE CIT Y FO�. SEPTEMBER 1965. Upon hearing no objection Mayor �,�olfe ordered the report received for filing. (h) GITY A'TTORNEY REPORT OF NE�T SPECLAL ASSISTANT ATTORNEY FOR TRIALS, PRIIviAIZILY TRAFFIC AND MIS- TEMEANORS, ROBERT J. NEARY. �i � A motion was made by Councilman tZeynolds, seconded by Council- man Yeltzer, io engage Robert J. Neary as special assistant attorney for irials, primarily traffic and misdemeanors. Motion passed by a six yea vote. RE P OR T 4F LAND ACQ UIS ITI ON. A motion was made by Councilman Ehrenberg, seconded by Councilman Yeltzer, to accept deed from Benilde High School dated November 12, 1965 for storm sewer easement in area of I�ighway No. 100 and Parkwoods Road, and authorize City Clerk to file same for record. Motion passed by a six yea vote. 232 Council Minute s- Novembe r 15, I9 b5 9. UNFINIS�-iED BUSINESS �a} REPORT OF BOARD OF ZONING APPEALS (CASE NO. 65-55-VAR. ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF FREDERICK �`TA TSON FOR VARIANCE �'ROM PROVLSIONS O� SECTION b:154. 6 OF THE Z�NING ORDINANCE TO PERA�iIT A REAR YARD VARIANCE OF ONE FOOT INSTEA.D OF THE RE- QUIRED Ti�ENTY FEET ON A PORTION OF THE EAST PROP- ERTY LINE AT 5333 CEDAR LAKE ROAD (DEFERRED FROM NOV�MBER 1, 1965). A motion was made by Councilman Pearson, seconded by Council- man �ieltzer, to allow the applicant to withdraw the request. Motion passed by a six yea vote. (b) REPORT OF CIT� MANAGE�2 (M. & C. NO. 65-34) CONCERNING BROWNIE LAKE, BASSETT'S CREEK, A.ND TRAFFIC SIGNAL AT TU�NEi�.'S CROSSROAD (REQUESTED NOVEMBER 1, �9 65 j. A motion was made by Councilman Pearson, seconded by Council- man �loward, that the City Nana.ger direct a proposal to the Village of Golden Valley requesting them to join the study of the south fork of Bassett's Creek, and that the City Manager be preaent at Golden Valley's meeting to present this proposal. Motion passecl by a six yea vote. (c) REPO�T OF CIT Y IvIANAGER (M. & C. NO. 65-35) CONCERN- ING SUP�LEMENTARY DATA ON 1'ROPOSED SANITA.RY SEWER CHARGES IN N. & C. NO. 65-2? (REQUESTED NOVr.MBER 1, 1965j. A motion was made by Councilman Howard, seconded by Council- man Ehrenberg, to table the matter. Motion passed by a six yea vote. The Ciiy Manager was requested to present further information at a special meeting in January 19b6, and to communicate with the Chambe r of Comme rc e on the matte r. 10. NEW BUSINESS (a) TABULATION OF BIDS FOR TIRE REPLACENi�NTS FOR YEA.R 1966. A motion was made by Councilman Reynolds, secorided by Council- man Heltzer, to designate Market Tire Company as the lowest �33 Council Meeting - November 15, 1965 a 10. (a) responsible bidder for new tires, and to accept bid in the amount of $5, 930. �2. tlfiotion passed by a six yea vote. It was moved by Councilman Reynolds, seconded by Councilman Heltzer, to designate Firestone Tire & Rubber Company as the lowest responsible bidder for recap tires, and to accept bid in the amount of $1, Z 12. 72. Motion pas s ed by a s ix yea voie. (b) TABULATIQN OF BIDS FOR i�ECONDITIONING PUMPS .�ND CLEANING WELL #7, IMPROVEMENT NO. 65-80 ANri WELL #8, IMPROVEMENT NO. 65-81. RESOLUTION NO. 2945 It was moved by Councilman Pearson, seconded by Councilman Heltzer, to waive reading and adopt 1.�esolution No. 2945 entitled "Re s olution Ac c epting Bid fo r Re c onditioning De ep W ell Turbine Pump and Cleaning Vl�ell Number ?, Improvement No. 65-80. " Motion passed by a six yea vote. �ESOLUTION NO. 2946 It was movea �by �ouncilman �'earson, seconded b�y Councilman Ehrenberg, to waive reading and adopt Resolution No. 2946 entitled "Resolution Accepting Bid for .t�econditioning Deep Well Turbine Pump and Cleaning Well Number 8, Improvement No. 65-81. " Niotion passed by a six yea vote. (c� PRELIMINARY PLANS FOR B�IDGE AND G�ADE SEPARATION AT COUNTY ROAD 18 AND COUNT Y ROAD 5, BY I-iENNEPIN COUNTY HIG�-iWAY DEPARTMENT. It was moved by Councilman Ehrenberg, seconded by Councilman Heltzer, to approve the final plans for bridge and grade separation at County Road i 8 and Gounty Road 5, as submitted by the Hennepin County Highway Department, Motion passed by a six yea vote. (d) pROPOSED AGR�EMENT WIT�i THE VILLAGE OF MORNINGSiDE FOR FIRE PROTECTION ANI3 FLRST AII3. A motion was made by Councilman Heltzer, seconded by Council- man Howard, to approve the proposed agreement with the Village of IVlorningside for fire protection and first aid, and authorize the Niayor and City Manager to execute the contract on behalf of the City. Kotion pas sed by a six yea vote. r- 234 Council Minute s- Novembe r 15, 19 65 10. (e) REGULATIONS F4R OPEN SALES LOTS. Councilman Ehrenberg informed the Council that he had requested a draft of an ordinance for open sales lots to provide more consis- tency in administration of these lots. A motion was made by Counci].man Ehr�nberg, seconded by Councilman Reynolds, to send a draft of the proposed ordinance to Planning Commission for advice and recommendation. Motion passed by a six yea vote. (f) PEDESTRI�N TRAFFIC LIGHT STUDY AT MEADOWBROOK MA.NOR AND METHODiST HOSPITAL. RESOLUTION NO. 294? It wae moved by Councilman Reynolds, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 2947 entitled "Resolution Requesting Study of Pedestrian Crossings on Excelsior Boulevard at Meadowbrook Manor and Methodist Hospital. " Motion passed by a six yea vote. (g) FIRE INSPECTIONS IN ST. LOUIS PARK. James Blakeborough read a prepared statement to the Council and asked what is going to be done to remedy the fire inspections in St. Louis Park. After questioning b�r t�ie Council it was brought out thai neither the City Manager nor the Council had been informed previously by either Mr. Blakeborough or the Fire Chief that the Fire I?epartment needed manpower for inspections or was defic- ient in the inspection program. A rjriot�on was made by Councilman Pearson, seconded by Council- man Reynolds that ataff provide Council with a report relative to the in�pection ordinances of St. Louis Park with any recommenda- tions they may have concerning those ordinances. Motion pas8ed by a six yea vote. �' ' ' 11. M�SCEI,,LANEOUS (a) NONE. 12. CLAI116S,. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS. On motion of Councilman Heltzer, seconded by Councilman Howard, the lists of verified claims prepared by the I}irector of Finance and presented to the Council, dated November 15, 1965 235 Councsl Minutea - November 15, 1965 lZ. (aj in the total amounts of $?31, 40 for payroll, and $375, 3??. ?? for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to iseue checks covering same by a s ix yea vote. (b) CONTRACT PAYMENTS. 1. Final Payment for water main, sanitary sewer, and storm sewer, Improvement Nos. 65-32, 65-37, 65-38, 64-1, 64-59, 65-19. Contractor, Union Central Contracting, Inc. Amount, $8, 02?. ?9. RESOLUTION NO. 2948 It was moved by Councilman Reynolds, seconded by Councilman Heltzer, to waive reading and acbpt Resolution No. 2948 entitled "Resolution Accepting Work on Water Main, Sanitary Sewer, and Storm Sewer Improvement Nos. 65-32, 65-37, 65-38, 64-1, 64-59, and 65 -19. " Motion pas s ed by a s ix yea vote. 13. ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Howard, the meeti�ng was adjourned at 11:35 p. m. , by a six yea vote. Attest: j ,�L�,�j. /r L'�_-� �� Betty Ca�lwell, Secretary � �� 236